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HomeMy WebLinkAboutSEPTEMBER 20, 2022 FORMAL SESSION MINUTES (V 5) _ rYr/V VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 20, 2022 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, City Hall, on Tuesday, September 20, 2022, at 2:30 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb,Delceno C. Miles, John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse 2 CITY COUNCIL'S BRIEFINGS MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION ITEM#73269 2:32 P.M. Mayor Dyer welcomed James A. Cervera, Co-Chair. Mr. Cervera expressed his appreciation to City Council for their continued support: ! int '� � MAYOR ' S YOUTH VIOLENCE awe . PREVENTION 'MAIN` TAS < FER E September 20,2022 \/13 Here is the Overview: Overview • Task Force Members • Foundational Information • Key Prevention/Diversion Programs& Initiatives • Next Steps 2 September 20, 2022 3 CITY COUNCIL'S BRIEFINGS MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION ITEM#73269 (Continued) Here are the Task Force Members: Task Force Members • Co-Chairs Jim Cervera & Pastor Michael Daniels • Leaders from: • City Manager's Office • Commonwealth's Attorney's Office • Department of Human Services • Department of Parks&Recreation • Office of Performance&Accountability • Virginia Beach City Public Schools • Virginia Beach Police Department • Virginia Beach Public Library Foundational Elements: Definitions, Research, VB statistics 4 September 20, 2022 4 CITY COUNCIL'S BRIEFINGS MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION ITEM#73269 (Continued) Defining Youth Violence: According to the Centers for Disease Control (CDC) and National Center for Injury Prevention and Control, "Youth violence occurs when young people between the ages of 10 and 24 years intentionally use physical force or power to threaten or harm others." jummisimi "Evidence is mounting that many factors can buffer or reduce the likelihood of youth violence,and multiple protective factors can W it, even offset the potential harmful influence of risk factors that have accumulated over a child's development: '• youth feeling connected to their schools • positive relationships with teachers and other caring adults ` • interacting with prosocial and nonviolent peers 3. • physical environments of schools,parks,and residential areas / a ail e ,, that are regularly repaired and maintained and designed to increase visibility,control access,and promote positive interactions • household financial security • safe and stable housing A Comprehensive Technical Package • economic Opportunities for the Prevention of Youth Violence • increasing access to services and social support and Associated Risk Behaviors • residents'willingness to assist each other • collective views that violence is not acceptable'." ®.MIIIII 'Source CDC and National Center of Injury Preventan and Control"A Comprehensive Technical Package for the Preventan of Youth Violence and Associated Rak Behaviors" " 6 September 20, 2022 5 CITY COUNCIL'S BRIEFINGS MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION ITEM#73269 (Continued) This briefing will provide an overview from Key Youth Violence Prevention/Diversion Programs& Initiatives: What Are We Currently Doing: Key Youth Violence Prevention/Diversion Programs & Initiatives The next three(3)slides provide an overview from the Department Of Human Services (DHS): Department Of Human Services (DHS) - Juvenile Detention Center • Aggression Replacement Training(ART) • Teach youth ages 12-17 anger management ""a"'"B""* s ,�,.�.+r ey+rr. • Improve social skill competence&moral reasoning rocRt • Cognitive-Behavioral Interventions for Substance Abuse(CBI-SA Program) • Teach strategies for avoiding substance abuse • Apply skill-building activities to assist with cognitive, social,emotional,&coping skill development • Tidewater Community College Partnership • Offer workforce development certificate programs 4°, • Provide vocational programs s September 20, 2022 6 CITY COUNCIL'S BRIEFINGS MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION ITEM#73269 (Continued) DHS - Behavioral Health Wellness & Prevention Services • Youth Mental Health First Aid (YMHFA) Because of ACES • Teach how to identify,understand,&respond to signs of training,"I'm mental illness&substance use disorders in youth(ages 6-18) more understanding • Substance Abuse Intervention Program (SAIP) when working • Educate students on substance abuse with youth" • Adverse Childhood Experiences(ACES) • Explain how trauma during childhood impacts behaviors • Review brain development&stress , i V .1 , k DHS - Child & Youth Behavioral Health Division • Parent Child Interaction Therapy(PCIT) We had • Provide treatment for youth ages 2-7(and their given up on being able to caregivers)who are experiencing social,behavioral, mbehayions) "PCllhas changed the and/or emotional difficulties ent,re 0411 dynamic • Trauma-Informed Public Mental Health Clinic houseboMkr the most • Offer many evidence-based practices and other services for youth ages 5-18,with sliding scale available for low- income families • Youth Rapid Response Program • #4- • Respond to youth in school setting identified with possible mental health needs(at no charge/fee) 441111111 s� io September 20, 2022 7 CITY COUNCIL'S BRIEFINGS MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION ITEM#73269 (Continued) Here is Department Of Cultural Affairs: Department Of Cultural Affairs - F, ` ••-F1 • ImmortALL Performance Poetry Program ,f; -f-• I.; =, • Help young people engage with adults who faced challenges and ir ,'.' ' ✓. issues so they can see hopeful outcomes „ 'f , • Create safe,non-judgmental space for creative self expression& re--- ' encourage healthy life choices , , • Engagement with trusted adults 1 Vt. • Public Art Residency Program : f ', ' • Provide school-aged youth with opportunities for self-expression& "�, community engagement through public art,providing sense of accomplishment,pride,&belonging(programs focused on Title I !k. �: schools) ; • Saplings ' • Reinforce concepts of sequencing(past,present,future);identifying &making patterns;and using compare and contrast strategies t T If within age-appropriate history lessons to aid in identification of ' '7 �-, gifted&talented kindergarten students in Title 1 schools s _ • Provide youth with"see,think,wonder"techniques that can be tri , 4- 1 applied outside the classroom ::."fit _. /__ 11 Here is Department Of Parks&Recreation: Department Of Parks & Recreation .1411,!m-gnEwi • Recreation Center Services/Memberships • Provide year-round access to recreation center amenities — " -t (e.g., pools,game rooms,weight room,gymnasium,etc.) kl! 4 • Youth Athletics _A' . • Provide youth with opportunities to participate in ipt basketball,football,volleyball,&softball programs/leagues ' - • Out-of-School Time(OST) Programs \ • Offer high-quality,affordable childcare programs during the ' ' r i• school year&summer f '��"�`s rnlit- ' 1.7-11',"*.V , i I-16 .7,..ii t__ lit _ -,,,„,.. 12 September 20, 2022 8 CITY COUNCIL'S BRIEFINGS MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION ITEM#73269 (Continued) Here is Virginia Beach Public Library: Virginia Beach Public Library • Career Exploration Program • Expose youth to a variety of career options&skills/tools �.► needed for those careers • Teen Advisory Group(T.A.G.) • Gain work experience&earn service hours for school • Encourage youth to give back to the community • Teen Enrichment Programming • Promote social activities that celebrates s- reading(Battle of the Books) ` . r • Provide tf & *� social enrichmentteensaccess activitiesoasa(Teen espace Lock Ins) c ' 13 Here is Virginia Beach Police Department: Virginia Beach Police Department • School Resource Officer Program DO MORE. HAVE MORE. • Assign 30 officers to every VB middle&high school BE MORE...ASACADET. • Teach Virginia Rules Program to students in middle school • Patrol&assist the elementary schools in their respective - areas - areas ► • Cadet Program "'lmo"'a" • Provide part-time employment opportunities for youth ages 18-21 • Assist with daily functions&receive training in several subjects as assigned to various units in VBPD • Transition cadets into the police academy when age appropriate • Youth Police Academy • Offer all students ages 14-18,regardless of city of residence. • Meet weekly(for 12 weeks)covering topics like basic criminal law,history of law enforcement,investigations,force science,&tours of Special Operations&FSU -_ 14 September 20, 2022 9 CITY COUNCIL'S BRIEFINGS MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION ITEM#73269 (Continued) Here is Commonwealth's Attorney's Office: Commonwealth's Attorney's Office • Juvenile-Specific Prosecution Team ,- _ • Prosecution of all felony cases where the juvenile is the offender or the victim CM r • OCA is involved in any offenses occurring on school �T,,�_ grounds , ,, • Work with the Courts on appropriate dispositions 4lo„.,' 0r it • Juvenile-Specific Case Workers • Case workers in Victim Witness who focus on juvenile victims • Speaking at Virginia Beach schools • Prosecutors visit schools to discuss relevant laws regarding drug laws;risks of drinking and driving;and the dangers of sexting 15 _ Here is Virginia Beach Renaissance Academy: Virginia Beach Renaissance Academy • Substance Abuse Intervention Program • Offer an alternative to long-term school suspension • Assist students in direct&interactive instruction on substance abuse • Individual Student Alternative Education Plan • Provide an opportunity for students ages 16-17 to work toward a General Education Development(GED )Certificate&a vocational/career skill without dropping out of school • Tidewater Regional Alternative Education Program(TRAEP) 1 • Improve social,emotional,&behavioral + 1, ' problems to be reiterated in a comprehensive ; ' 4 r ;.. -- n I�--- school ,i '1 ( Il - I_ tip' 1111111 16 September 20, 2022 10 CITY COUNCIL'S BRIEFINGS MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION ITEM#73269 (Continued) Here is Virginia Beach City Public Schools: Virginia Beach City Public Schools 41. ., • School CounselingSi VIIRGINIABEACH ervces WY MANX SCHOOLS • Individual and Small Group Counseling available for all students cMARTiNG THE COURSE • Assist families with access to services and care coordination • Provide Academic and Career Planning Support to meet graduation requirements and students'personalized goals • Additional Support Available for Staff,Students& Families • Behavior Intervention Specialists,School Psychologists,School Social Workers,and Student Support Specialists,Parent Support&Information Center,Office of Family&Community Engagement,and Mental Health Task Force Initiatives • 2023-2024 VBCPS Recovery School ' 711 • Empower adolescents recovering 7 from75111 substance use disorders by providing an alternative environment to support their recovery while making progress towards a 1 "- 1 high school diploma The next few slides provide an overview of next steps: What Are We Doing Next: Discussions, Exploration, Analysis September 20, 2022 11 CITY COUNCIL'S BRIEFINGS MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION ITEM#73269 (Continued) Community Engagement & Exploring Next Steps • Host community discussions • Examine efficacy of paused programs • Develop recommendations, as appropriate for: • New programming • Changes to existing programming • Resumption of paused programs • Cultivation and support of new&existing partnerships 19 Community Discussions • Interviewed youth in Virginia Beach Jail who have been convicted of violent crimes •��R��• �-- • A few of the questions that were asked: • Who influenced you most as a pre-teen/teen? • What career goals did you have as a child? ------ • What changes in the neighborhood and/or school would have resulted in you reaching your goals in life? Mayor Dyer wrote a tatter askrg youth inmates to speak with members of the Taskfcrce 20 September 20, 2022 12 CITY COUNCIL'S BRIEFINGS MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION ITEM#73269 (Continued) Recommendation on a New Initiative • Summer Night Lights(SNL) Pilot Program , • Modeled after Los Angeles,CA SNL 2018 ;� • Collaboration between Parks&Recreation, Police Department,&other departments Atl 1111 • Provide free meals,entertainment,&social wmme���9nlugnts " activities to the community • Hosting SNL at select parks for multiple ®695,430 times weekly in summer months CRIM - (op REDUCED pp n;:his of 2O programming • Identify baseline for resident satisfaction 434,644 • SPORTS&FITNESS Fr Questions & Discussion 22 Mayor Dyer expressed his appreciation to Mr. Cervera for the presentation. September 20, 2022 13 CITY COUNCIL'S BRIEFINGS VIRGINIA TASK FORCE 2 UPDATE ITEM#73270 3:50 P.M. Mayor Dyer welcomed Chief David Hutcheson. Chief Hutcheson expressed his appreciation to City Council for their continued support: NATIONAL URBAN SEARCH & RESCUE PRESENTATION TO CITY COUNCIL SEPTEMBER 20.2022 FIRE CHIEF DAVID W.HUTCHESON 4. �yOHAL Us 1 -..4.4 . ' 7 iii 0-ip, .1r 'al c, 0N5Esy�9 i. 'c t . - .P j-`.',,( j FEMA Federal Emerg Department of Homeland becunly A.Q. P�kON U , 0HSEAL 5� 9 Q� d^ 0 F L 410 ,ii,. ......- L`+ T..�Y our ycione C --ate-err.oan.� vmr: 10 0 1 , T - ..._. , ipirr.,w. IP iiiii -.it ...‘. { ... .. G , .,,,7 .,..-J .-,_, -. iint' i _ ___ efioe e if ei(sig*ill" AL September 20, 2022 14 CITY COUNCIL'S BRIEFINGS VIRGINIA TASK FORCE 2 UPDATE ITEM#73270 (Continued) Here is an overview of the National Urban Search&Rescue Response System: National Urban Search& Rescue Response System • Established in 1989 under the authority of FEMA • VATF-2 ESTABLISHED IN 1992 • 25 Original Teams • The 28 US&R Task Forces can be deployed to a disaster(non- noticed event) • • May be pre-positioned when a major disaster threatens a community(noticed event) [# 410 401 F � Here are the Capabilities of Virginia Task Force 2 (VATF-2): Capabilities of Virginia Task Force 2 • Search and rescue operations in damaged/collapsed structures • Medical care for entrapped survivors,task force personnel,and search canines • Recon to assess damage and needs,and provide feedback to local,state,tribal,territorial,and federal officials • Hazardous materials surveys/evaluations,WMD(CBRNE) • Stabilizing damaged structures,including shoring and cribbing • Search and Rescue operations in a water environment ALL HAZARDS September 20, 2022 15 CITY COUNCIL'S BRIEFINGS VIRGINIA TASK FORCE 2 UPDATE ITEM#73270 (Continued) Here are a few pictures of the Virginia Task Force 2 Training Site: Virginia Task Force 2 Training Site i m —_. iiii r t I� f r , -04161111 am_ _,=. ,;.::„.•. ,,,..„,., _ pr. 4._ .. 4 i ,fit_:. 001,0 ,- ..c,,-,-...1 A.004Kt\s, t 4: cW'-n -,,A.,..'-' am-�,.. ,- "- %IA Virginia Task Force 2 Training Site * ' u AIIIIIPOr 1 ii k1 era.> •..- ,, ,' - t•,. �i,.:t• _« { ---,.. yam. —�sY` •- September 20, 2022 16 CITY COUNCIL'S BRIEFINGS VIRGINIA TASK FORCE 2 UPDATE ITEM#73270 (Continued) The next several slides provide the Deployment History: Deployment History August 2021 Hurricane Ida Hammond,Louisiana--ype 3.East Brunswick.New Jersey-MRP-W 8 1ST Overhead Team Members August 2021 Hurricane Henri Beverly,M.assxhusens&1ST Overhead Team Members August 2021 Hurricane Marco,1ST Overhead Team Members June 2021 Champlain Towers Collapse Surfeide,Florida&1ST Overhead Team Members March 2021 Hunicane Delta,1ST Overhead Team Members January 2021 Presidential Inauguration Washington,DC 1ST Overhead Team Members September 2020 Oregon Wildfire,1ST Overhead Team Members January 2020 Earthquake,1ST Overhead Toam Members August 2019 Hurricane Dorian Florida&1ST Overhead Team Members July 2019 Hurricane Barry,1ST Overhead Team Members October 2018 Hurricane Michael Florida 8 1ST Overhead Team Members September 2018 Hurricane Florence Virginia-Type 1 State Team,North Carolina-MRP-W.South Caroline-Type 3 8 1ST Overhead Team Members September 2018 Hurricane Olivia,1ST Overhead Team Members August 2018 Hurricane Lane.1ST Overhead Team Members Deployment History September 2017 Hurricane Maria San Juan,Puerto Rico&1ST Overhead Team Members September 2017 Hurricane inns San Juan,Pi»rto Rico and US Virgin Wands&1ST Overhead Team Members August 2017 Hurricane Harvey Houston,Texas&1ST Overhead Team Members October 2018 Hurricane Matthew Florida&1ST Overhead Team Members August 2016 Louisiana Flood.,1ST Overhead Team Members October 2015 Hurricane Joaquin Columbia,South Carolina&1ST Overhead Team Members March 2014 Oso Mudslide,1ST Overhead Team Members May 2013 Moore Tornado,1ST Overhead Team Members September 2013 Colorado Flood 2013 1ST Overhead Team Members October 2012 Hurricane Sandy New York City,New York&IST Overhead Team Members August 2011 Hurricane Irene Virginia Beach.Virginia and Lakehurst,New Jersey August 2011 Earthquake.Mineral,VA(Alert Only) September 20, 2022 17 CITY COUNCIL'S BRIEFINGS VIRGINIA TASK FORCE 2 UPDATE ITEM#73270 (Continued) Deployment History - January 2010 7.1 Earthquake Port-Au-0rince,Haiti&IST Overhead Team Members ___4 -. s a MIN k, NP• x ti i 4 ,.41.r is f. , :tN , . Ia., - " •- .r Deployment History August 2009 Presidential Inauguration Washington,DC(Activation Only)&1ST Overhead Team Members July 2008 Hurricane Dolly 1ST Overhead Team Members -- August 2008 Hurricane GUSTAV Houston,Texas&1ST Overhead Team Members AugusUSeplember 2008 Hurricane IKE Houston,Texas&1ST Overhead Team Member. • October 2008 Tropical Storm OMAR taken/at.Only)&1ST Overhead Team Members - August 2008 Hurricane Emuto Jacksonville,Florida&1ST Overhead Turn Members August 2005 Hurricane Katrina 1 Waveland,Mississippi&1ST Overhead Toam Members September 2005 Hurricane Katrina II New Orleans,Louisiana&1ST Overhead Team Mambas 44 411k September 20, 2022 18 CITY COUNCIL'S BRIEFINGS VIRGINIA TASK FORCE 2 UPDATE ITEM#73270 (Continued) Deployment History September 2005 Hurricane Rita Dallas.Texas&1ST Overhead rum Members September 2004 Hurricane lean Orange Beach.Florida&IST Overhead Team Members --- September 2004 Hurricane Frances Jacksonville,Florida&1ST Overhead Team Members February 2002 Winter Olympics Salt Lake City,Utah&1ST Overhead Team Members September 2001 Pentagon(911)Arlington,Virginia&1ST Overhead Team Members - V ;.- r'..s lea AIM �r s ' ` "4 ' ' 4.1tra a - — Nmilkier Deployment History Septer-t»,tgga Hurricane Georges Florida Panhandle 6 GIN of Mexico&1ST Overhead team Members September 1998 Hurricane Georges Florida Panhandle&Guff of Mexico&IST Overhead Team Members September 1996 Hurricane Fran Carolina Coast,South Carolina&1ST Overhead Team Members July 1996 Summer Olympics Atlanta,Georgia&1ST Overhead Team Members October 1995 Hurricane Opal Fort Walton Beach,Florida April 1995 Murrah Federal Building Bombing Oklahoma City,Oklahoma&1ST Overhead Team Members 0 August 1993 Tornado(Wal-Mart)Petersburg,Virginia 7, :411 .fir a�-r . l , ; ffr�t ~fi0. r t.el►,L . �^"• "- � ,. j* t 4 r � 1O September 20, 2022 19 CITY COUNCIL'S BRIEFINGS VIRGINIA TASK FORCE 2 UPDATE ITEM#73270 (Continued) How Does a Task Force Get Deployed State or Federal 1. Disaster response is locally executed 2. Local emergency manager may request assistance from the State/Territory; 3. If response requirements are beyond the capabilities of the state imummi or territory,federal assistance maybe requested-Stafford Act II Here is the Organizational Chart: • II Seerd Team Mgt IYrITe�llp la allolR)My loeatla Nei '.vnly Team Ng. l (2) IMO M I19 i2! lT ` K9 Sear. — Mows$9e(9el) SIUMT/laettbl laeknp Sxaaactl 5<.ticec al s veoala `--� IIws.9p1 t 1•."o rd.bc l (z) r.cnac,l trno` � w(Saarc6 � (e) wow swarm Med sr. - (2) Sveoalct �Te.niW Saar./ r••� le) Sae c44! tl) (n 9ea<ee Sw.• Supped S,ecl it IC (le) .ae •tierce sreoaur tXl „.te44 11 September 20, 2022 20 CITY COUNCIL'S BRIEFINGS VIRGINIA TASK FORCE 2 UPDATE ITEM#73270 (Continued) Here are the Task Force Deployment Modules: Task Force Deployment Modules 1. TYPE I.70+10 • Capable of 24-hour operations • Structural collapse core capability • Water capable • CBRNE • Self-sustain for 72 hours • Deployed up to 14 days 2. TYPE II:70+10 • 24-hour operations • Structural collapse core capability • Water capable • Self-sustain for 72 hours • Deployed up to 14 days • NO CBRNE 13 Task Force Deployment Modules • TYPE Ill:35+10 • All Type I Cache • Capable of 12-hour operations • Same core capabilities as Type 1 • Self-sustain for 72 hours • Deployed up to 14 days* - TYPE IV/Water Capable:25 • 12-hour operations • Light/Moderate frame construction damage • Operation in a water environment • Self-sustain for 72 hours • Deployed up to 14 days September 20, 2022 21 CITY COUNCIL'S BRIEFINGS VIRGINIA TASK FORCE 2 UPDATE ITEM#73270 (Continued) Here are the factors considered for Alert/Activation -Selection: Alert/Activation-Selection 1. Task Force(s)geographically closest for the first 24 hours 2. Closest Task Force(s)within the rotational model(East,Central, West) 3. Subject to call at anytime 4. 1 Hour to accept Orders 5. Ground:4 Hours at Point of Departure 6. Air:6 Hours at Point of Departure • L. is Here is the VATF-2 Organizational Chart: VATF-2 Organization VATF-2 Strategic Group(SAC, DOSAC,DSSAC,TFR,PM,TFL') 1.11111.1 VATF-2 Adwory Group FGL'r,PN) • Leglotln • Rryent . Raw • Gn �twrenU nh • Ct .a• • Snrct • • Tect Info MS) • Budget • Minn H.rta�t • Pon➢aulks • W .= . Nedk.t • afm • Sirveturer 16 September 20, 2022 22 CITY COUNCIL'S BRIEFINGS VIRGINIA TASK FORCE 2 UPDATE ITEM#73270 (Continued) Here is the VATF-2 Program Office Staff Organizational Chart: VATF-2 Program Office Staff •Gnat • 111,1 „ .41. • Special Project. Treloltag AeewM•d I Aes..r Ckck IL Coordirotor Coordltte for ' RieMrd BTOR. YriWta<kbltar• Wa.e Black 1 A"'"'"Per,.hle Speci•IProlect. iraivi41:::dtnv nen Rud%e[Aep - Deplo)meut Relmburxement Nerehou. � \rn�ppli.•ots Ftudet Hecc oc li•ti�.n -- - `lr•iNnY e,mmtrtee Drplo�ment Relwbunement �.._l«.:-.eS�' .,:.Co t'1:r•.e-.,7•yg,.rgtat��^� " -� � — - - ��eanpe D.rtoteu paid 50 Cooperative A.reetrtetrt 1SO%L ire Budyet Here are the nine(9) VATF-2 Task Force Leaders: VATF-2 TASK FORCE LEADERS 1. DENNIS BURKE 2. ROB DARLING 3. TRACY FREEMAN 4. DARYL FUNAIOCK g 5. MIKE HOPKINS t 6. JIM INGLEDUE �. ; r 7. DENNIS KEANE -- '5k: _ ; 8. JON RIGOLO • '; 9. BRIAN SULLIVAN t )01w. -0 18 September 20, 2022 23 CITY COUNCIL'S BRIEFINGS VIRGINIA TASK FORCE 2 UPDATE ITEM#73270 (Continued) Here are the VATF-2 Participating Agencies: VATF-2 Participating Agencies AGENCY MEMBERS PERCENT •:•Affiliated Members 27 11.8%/ •:• Chesapeake Fire Dept. 13 5.7% •:• Emergency Physicians of Tidewater 3 1.3% •:• Hampton Fire Dept. 10 4.4% •i Henrico Fire Dept. 12 5.3% ❖James City Co.Fire Dept. 7 3.1% ❖ Newport News Fire Dept. 11 4.8% ❖Norfolk Fire Dept. 23 10.1% + Portsmouth Fire Dept. 7 3.1% Suffolk Fire Dept. 5 2.2% ❖Virginia Beach Fire Dept. 98 43.0% •:•Williamsburg Fire Dept. 3 1.3% ❖York County Fire Dept. 9 4.0% ❖TOTAL 228 100% ❖MOB Team/Members not listed on team roster 19 19 - - .401 - - -.,7.e „..„,, „, :r4 Vtilliv s.,,,, ,ir 11 VIRGINIA . TASK FORCE 2 URBAN SEARCH 6 RESCUE '"- +l Mayor Dyer expressed his appreciation to Chief Hutcheson for the presentation. September 20, 2022 24 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM UPDATE ITEM#73271 4:11 P.M. Mayor Dyer welcomed Leisha Pica, Program Manager—Jacobs Engineering and Toni Utterback, Stormwater Engineering Center Administrator-Public Works. Ms. Pica expressed her appreciation to City Council for their continued support: Jacobs Re=gg ray. . Flood Protection Program Update for Virginia Beach City Council Leisha L. Pica, PE, Flood Protection Program Manager Toni Utterback, PE, Stormwater Engineering Center Administrator September 20, 2022 Here is the outline for today's presentation: 01 Program Progress r. 02 Projects Progress -�- Mg, Communications CUwobs 2022 September 20, 2022 25 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM UPDATE ITEM#73271 (Continued) • Program Progress Here is an overview of the Program Health: Program Health: GOOD! (on schedule/budget at risk) Good News! Challenges Projects are progressing and PMs are getting Tracking appropriations and costs work completed Grant programs—good financially $30M received in grant funding so far and Ilk but impact schedules more applications under review NEPA requirements for federal funding may impact schedule Program communications have advanced both internal and external Estimates increasing at design submittals,projects coming in over Process improvements are happening across bid,global supply-chain impacts the Board Staff shortages across multiple Contractors are expressing interest in projects departments QJecobs 2022 September 20, 2022 26 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM UPDATE ITEM#73271 (Continued) Here is the Comprehensive Baseline Master Program Schedule: Comprehensive Baseline Master Program Schedule tv�•vm•wa.•1•Ka•sru11rraoa<n - -..a• maxi wear) .�. , .. n. �. .....-_.�.:�.••.... :� Oro. aass pal. •.. - aY.•tP ..,a r.rn 100 .00••06O WOK 04.1dr .r sra• rasa s M.........w•...w•..� 0. 11 ~w ►.a. q�n w�..aw r.a• 0.0 • ..,. ' •a w41�r.Nrasr.� . ••l�r n 1� _F eer.sarMr.•M.wasr .ns..arwr...r..emeameft. Yr. a w•r.rrr r aa.a F+ ..r•w.00100 00404.100.— _ 1r•M .410 ...e lrnv ar. si �"�• 06.0 roR n••b In1•r r..rv.•+.•..1a s4r rJ.A •. ..--r fir... .. Y. ..r. .. yid •irrrYF' 010 ww ti.a. sr s 1.0.00 •-: ± - . Nary 1.Jr1. �:. r..:rr.or.roam r.. ! r•YF rba t Is.a Sy...•rutr.r.. We are Tracking Detailed Schedule Activities for All Projects 40,36 .._ram.—.w _.......�._.._p__ ME.•rWrFrY...r Mwq� wwGx:.rw•r..r r../@ ar.w.*err*or. ..r.a•.ran -_.. w.ar+..•... a..•ar...r......� E`..1r/Fa••111111011111 +V.r•..•..rrrr.•0.l.•4n•"...<-.r G...•=wr ti_.•...r: -,‘“Sum.re..re, abr..trorrairmor Cr..•tro.r. w..rsaari.Mi•N •o..!s err, rowr.Aiki Orr*•t.r.Or..ors•.r .oaa...•r....riw uaitl•ct•waa=rrctow w ..a.r•Loa.-...•'ter.... .. orr*..r`..m....a.r...aw �. �..•.•«.:.,.. .046A A.r•!.•.•.. .r.�w tw.w•lw K.a.r..... •'.lwas. e...•a..•a.rrn:r.r a.raM.•r a..r.•..+ .r....r ash. Grr arr•c..r Morar•Yrar .•••••awa.••••Y.!a.•Rarr, A....•av c..._......Mr Orr.GarOrr•...a.:r was.•e•ru�... ...so wry... r...r.•Ay..•r.•r.n.r. hr a...•o L..•r....r.0y O..rrtiw.4rr ar 1� FQmR .rr..C..ro.r•ar 6 CJ.00bs 2022 September 20, 2022 27 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM UPDATE ITEM#73271 (Continued) Here are the Program Tracking Milestones: Program Tracking Milestones Total 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Monitored Milestones 89 14 12 17 11 12 ! 4 3 3 2 2 Completed Mliestones 0 2 0 0 0 0 0 0 0 0 0 08E. 08875210 08/00020 08/00130 DC 06875000 06/755/0 0e/75030 061001/0 DN.., 008i 13 D6883640 -:;e M3 035e:16C DB875130 08 • 01187021111 01111220 DAM3560 51013100 D6813900 0662723C _3875740 00683170 00013710 D8ar '. 06682070 101005710 PSR finis-it) 06112210 081/6560 0883,70, 0ee13460 08001940 016705e0 000711140 28079220 0e005190 0127060U 0e670600 08875370 08503710 Permits Recened 119i 08872190 06e17220 08/13970 00170550 06/03200 01075140 Centrist/GMP Award(24) JB38;e&i 086/3350 0e670410 OM/1N 81017430 00070200 Construct.Finish(24) -0858,25 08/86710 08801190 011112 061875410 08112050 .._'c 34': 08105550 MUM 00//5460 02883/90 3177140 0000M 0111790 0007K00 05001740 0110011611 01170070 '0e87298. 00/72190 78877240 0111182310 atiestons completed D687969C 07806370 1 00881.0 .827060 001171111111 0111097311 DN711 11 7 *J.cobs 2022 Here are the Process Improvements: Process Improvements Procurement Pr4ect . Design Build ::MaMtigers ... • Updated Invitation to Bid • Monthly Project Discussions • Workshop on Process • Improved SWaM Coordination • Schedule&Budget Updates • Workshop on Roles • Training and Support • Issues and Risks • Front-End Documents • Backlog Reduction • Program Understanding • Owner's Representatives $ *Jacobs 2022 September 20, 2022 28 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM UPDATE ITEM#73271 (Continued) Projects Progress The following slides provide an updated Master Project Status: Master Project Status: Windsor Woods, Princess Anne Plaza, The Contractor FPP Master Construction Determined Bidding Being Designed Project Completed (Under Construction Windsor Woods 100% Old Forge Rd and Red Lion Rd Storm Drainage Club House Rd Windsor Woods 90% Bow Creek Stormwater Park-Section 1 Storm Drainage Tide Gate 20% •i Windsor Woods Flood Barriers Windsor Woods, 20% Windsor Woods Pump Station Princess Anne OF:2022 20% Thalia Creek/Lake Trashmore Culverts&Channels Plaza,The Lakes WWTG:2025 South Plaza Trail BC1:2023 20% •The Lakes Flood Barriers SPT:2025 Presidential Blvd 20% 1South London Bridge Creek Channels&Gates OF:2025 Drainage 20% North London Bridge Creek PS,Barriers,Tide Gate BC1:2026 20% The Lakes Holland Road Tide Gate ■ Bridging documents under review by City staff LOCATION UM • Documents being drafted for procurement of Progressive Design-Build team nMIIwaulrlsaq Smosautota CONSTalKT16N MumwerioN _ aW6lll RWOW win UN/1111101/ _ nuary 2023 January 2024 Mid 2026 Mid 203 i Windsor Woods—PS&Flood Barriers.Thalia Creek/Lake Trashmore Culverts&Channels.Princess Anne Plaza—North London Bridge Creek Tide Gate,PS,&Barriers.The Lakes— • �� - 1 Y c Holland Road Tide Gate,South London Bridge Creek Channels.Gates&Flood Barriers , < J 'ors , • r September 20, 2022 29 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM UPDATE ITEM#73271 (Continued) Master Project Status: Eastern Shore Drive— Phase I Contractor FPP Master Construction Determined Planning Project Completed /Under Bidding Being Designed Finished Construction IA:2029 IA:2026 90% Lynnhaven Colony Park Pump Station,1B 1 B:2027 1 B:2024 Eastern Shore Cape Henry 65% Cape Henry Canal P2 Tidal Ditch,1C 1C:2027 1C:2024 Vista Cirde Drive Phase 1 Canal Phase II 35% 1Lynnhaven Dr.Pump Station,1D FPP Master 1D.2027 Relocate Gravity 1D: 2024 <10% Elevate Lynnhaven Drive,1E Pump Station, Project 1E.2027 Sewer,1C 1E:2024 <10% Street Drainage Improvements,1F&1G 1A 1FIG:2027 1FIG:2025 <10% Poinciana Pump Station,PPS PPS:2028 PPS:2025 • Projects are progressing under LOCATION MAP 0 multiple contracts • $25.1 million BRIC Grant Received � . ‘ , r" — �I aasrecaway,. cowsraU Tqv ^4 t .. a WWII SOW a '. r - "4 .. •---•der way r. --'-- _. _ — ro ;t � rei Lynnhaven Colony Park Pump Stabon.18.Cape Henry Canal Tidal Ditch, .";,, 1C,Lynnhaven Drive Pump Station,1D,and Elevate Lynnhaven Drive,1 E _ c. 11 .r (I 1 .. .— .-: Master Project Status: Lake Bradford/Chubb Lake Contractor FPP Master Construction Determined Planning Project Completed /Under Bidding Being Designed Finished Construction Lake Bradford, • Lake Bradford Churchpoint- Chubb Lake PS:2030 Dredging PS:Y047 <10% Lake Bradford/Chubb Lake Pump Station& Thoroughgood FPP Master CP:2031 Lake Pleasure CP:2028 Outfall BMP& Project House Outfall 1 Conveyance • Dredging work will prepare the site — for the new pump station and outfall LOCATION MAP project44 �r • Preparing BRIC grant application • 4 ` `� , DB1GM{ULD BQ U6Kre-aulnu cONStRURfON COIlf1RUCT10N '.ay/ �` 'a _ `. A1,41111nt sn SBfCTED SMART COIA�1fnee y g L .J ?Sj,i -; _ y,.'.' ma`s {r _. t 1 ..cone �' Lake Bradford/Chubb Lake Pump Stabon 8 Duffel! / dR ., .. i4_,:iiq,4U1""Alai r ',,,� 12 September 20, 2022 30 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM UPDATE ITEM#73271 (Continued) Master Project Status: Stormwater Green Infrastructure FPP Master Construction Construction Bidding Being Designed Project Completed Start 'Stormwater Green B:Late 2025 B.Late 2023 B Mid 2023 65% Back Bay Marsh Restoration Infrastructure E:Early 2025 E: Late 2024 E: Early 2024 <30% Elizabeth River Floodplain Restoration Master Project • $3M CFPF Elizabeth River LOCATION MAP (-*/) t_� r 44q Floodplain Restoration .,;.,,. -..r Pending Grants e` :`- f • $5M CFPF Back Bay Marsh ►" - maw - ziqsa Restoration - s - , • $14M NFWF Back Bay Marsh - . 13 =. Master Project Status: Projects Just Getting Started FPP Master Construction Construction Planning Project Completed Start Bidding Being Designed Pending Southern Rivers i P: Late 2030 P:Late 2026 P:Mid 2026 Sandbridge/New Bridge West Neck Creek FPP Master W: Early 2031 I W:Early 2028 W:2025-2026 <10% Intersection Bridge Project S:Late 2029 S:Mid 2027 S:Early 2027 Improvements Pungo Ferry Road Improvements' Central Resort District Central Resort Mid 2025 to Drainage District FPP Early 2032 Mid-2028 Mid 2026 PDB Mid 2026-Mid 202E Improvements Master Project 21.'&Baltic Drainage �- I — 24'^St Culverts Linkhorn Bay F.Late 2025 F:Late 2024 F:Mid 2024 F:Early 2023 First Colonial Rd& FPP Master Oceana Blvd Drainage Project S:Mid-2025 S:Mid-2024 S L ate 2023 <30% Seatack Neighborhood Improvements' Drainage Improvements 7rocurenlenl Mrdowry for Onrw/i Repnwnldr or Oitalpr Engineer Professional Services . • $1.9M CFPF Seatack Drainage;Pending:$1.8M CFPF First Colonial Rd&Oceana Blvd Drainage 14 CJwat a 2022 September 20, 2022 31 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM UPDATE ITEM#73271 (Continued) ! ro Communications Here is an example of the FPP Master Projects Web Pages and Outreach: FPP Master Projects Web Pages and Outreach (external/internal) g LOCATION MAP V3 Updates to master NB project webpages awldprir..Drn VB411 video 1 r _ segment, blog, and '� , o,..._... social media content �- . •_ "": for first FPP Master -= 1 Project in information ;, , Click on a be,, __w—...__._._.__-._�. campaign series will ,�--, „ ,..;.,.,►,.,, , .,, :.".-... launch in September �`;�, ; � M.as. ,,,ss.,a,wr • �j 1 .aI 0 h.,w Mesuo-ee ♦ - w.. rj vnu C.arRw Swe w� rrr �ir� nimmennomumminm is Wombs 2022 September 20, 2022 32 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM UPDATE ITEM#73271 (Continued) The City received both the City-County Communications &Marketing Association Savvy and Virginia Municipal League Innovation Awards: Award Winning Communications Program � - 3"""Ar • City was the Winner for City- 3KM A 3MA Ilitl13a Marketing Association(3CMA) ci►N-count co1i111,Unk.411,, 4 ', Sawy Award 3tMA " • City was the Winner for Virginia N a p Municipal League Innovation .' 2 2 y: Award for communications O l i category and remains in running 348 MA` .41. for the overall award to be INNOVATION 11,<4- , AWARDS announced Oct 3rd 17 OJacobs 2022 Here is an overview of National and Regional Outreach: National and Regional Outreach lipir7111 ' `-- r'iTmo,'t I. • Pitching article ideas to Engineering News ` '.;-� � Record: Innovative Environmental Projects and I Underground Construction:Water Issue 0,- 7` Foreca , � --- THE .: GLASS r:n.,-- . • Wall Street Journal and Engineering News TC` tic 4 i i 1 i Record are interested in articles about the FPP • Bylined articles for Virginia Town &City(Virginia I Municipal League magazine)and for American '' City&County i- - • Submitting a presentation abstract in September '4 THE for the Environment Virginia Symposium to be '.lag held in March 2023 !ENVIRONMENT WALL STREET RGIN!A JOURNAL. rMroslu ,4 18 WNFoF -..'-.r - September 20, 2022 33 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM UPDATE ITEM#732 71 (Continued) The Recurrent Flooding Indicator Map is scheduled to go live on the City's website in October: Recurrent Flooding Indicator Map - City GIS flood map allows user to • _,� , select flooding layer - M ' ' �;' - Different recurrence interval storms h. • `'F and sea level rise conditions ‘ - October live @ Weblink to map is , �, �=., r https://vbgov.maps.arcgis.com/apps --_�- , :,i /webappviewer/index.html?id=9853 2472bf37439997c15b730f50e725 Y• t _ti,'M!" {.r •1'W, CUecobs 2022 AB Flood Model Visualization and Exposure Tool L�> Ripple 1 Scenario Selection to Flood Exposure ,mm ,Ionding/E.tremeEvent �.u1Mea t dr .�.... o.ntnn.ose 4000000 0 El , Jti2 JS r. ...Wry Me. ilooded of ft.rfeiL'Storm Surge -- - 0 1,. anes Year too v.« icilli°11°-',:-.=, ( �". ;, Critical FaCl Idles i Y 1 Exposed Sea Laves Rise(SLR) ` • - - se...vrsr.ry n..m.f.r.., 41111A: Jo Jo i No Sl A t 5 h &f ( l ! 1 fit..-. _ ,r c.e/Fs�ree.t .m+.Mur.r Ulliky FPP Project Implementation vila to kr /0 •JO awl. ,! r«.- Cow*Mart D.l�rr t js' ''�'9• .i �- .r ►• t �' ds T , �. ..:r. ... , r Drs eer as View Model Results on Map e".'''� . ��y r .'k!C .•'.2 -_• '. ""� 4 _; ; September 20, 2022 34 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM UPDATE ITEM#73271 (Continued) Thank You Leisha Pica, PE Toni Utterback, PE Jacobs = .. in g w f 0 Mayor Dyer expressed his appreciation to Ms. Pica and Ms. Utterback for the presentation. September 20, 2022 35 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73272 4:41 P.M. Council Member Miles distributed copies of the proposed Ordinance, "To Authorize the Provision of Streaming Services for Councilmember Miles's Bayside Town Hall on November 29, 2022", attached hereto and made a part of the record. Council Member Miles advised she was asked to live stream the Town Hall by citizens who are unable to attend in person. The Ordinance will be on the Agenda next month for consideration. September 20, 2022 REQUESTED BY COUNCILMEMBER MILES 1 AN ORDINANCE TO AUTHORIZE THE PROVISION OF 2 STREAMING SERVICES FOR COUNCILMEMBER MILES'S 3 BAYSIDE TOWN HALL ON NOVEMBER 29, 2022 4 5 WHEREAS, Councilmember Miles is holding a Bayside Town Hall at the Williams 6 Farm Recreation Center on November 29, 2022, from 6:30 p.m. to 8 p.m.; 7 8 WHEREAS, she has requested that City staff facilitate video recording of the event 9 for streaming to the City's Facebook page; 10 11 WHEREAS, the City Council Policy on Councilmember-Sponsored Forums and 12 Events requires an affirmative vote of a majority of the Council for events that involve 13 expenditures or the use of City staff and resources (other than basic services that are 14 listed in the policy and excluded from this requirement); and 15 16 WHEREAS, an appropriation of funds is not required, as no additional equipment 17 or supplies need to be purchased and the labor will be provided by City staff, but the 18 services requested would be provided by a City videographer and engineer, and based 19 on their hourly rates, the costs for advance site check, set up, event coverage and 20 equipment breakdown is estimated to be less than $600; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA, THAT: 24 25 The City Council authorizes the provision of streaming services, consistent with 26 the description above, for the Bayside Town Hall on November 29, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: c-e,& ( City Attorney's Office CA15930 R-1 September 19, 2022 36 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73273 (Continued) Council Member Wooten advised the Ignite Business Bootcamp, held September 17`h, went very well with guest speakers providing budgeting, marketing and branding information. Council Member Wooten advised Donna Turner was another guest speaker who was mentored by two (2) of the women depicted in the movie, "Hidden Figures". Council Member Wooten advised overall the event was well executed and provided the attendees with educational information. September 20, 2022 37 AGENDA REVIEW SESSION ITEM#73274 4:44 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Communication Tower Lease Agreement for City-Owned Property located off Indian River Road with Crown Castle GT Company, LLC re install, maintain, and operate facilities for providing wireless telecommunication services 2. Ordinance to GRANT a Nonexclusive Franchise Agreement to Lumos Telephone LLC re install, operate, and maintain network facilities for telecommunication services 3. Resolution to DECLARE the Month of October as Fall Clean-Up Month (Requested by City Council) 4. Resolution to NAME the Stage and Paved Area at the 31s`Street Park as "The Nancy A. Creech Performance Plaza at Neptune's Park"(Requested by City Council) 5. Resolution to RECOGNIZE the first week of October as Malnutrition Awareness Week (Requested by Council Members Berlucchi, Henley,Miles, and the Human Rights Commission) 6. Ordinance to AMEND City Code Section 2-224.14 re allow additional time for bidders to submit project goals information 7. Ordinance to AMEND City Code Sections 35-158 and 35-161 re tax on transients obtaining lodging 8. Ordinance to AMEND various Federal Grant Programs administered by the Department of Housing and Neighborhood Preservation 9. Resolution to ENDORSE a Family Self-Sufficiency Program Annual Plan for the Department of Housing and Neighborhood Preservation re Housing Choice Voucher Program 10. Ordinance to REPEAL a previous appropriation of funds and to ACCEPT twenty-four (24) automated external defibrillators from the Firehouse Subs Public Safety Foundation 11. Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or condemnation re Eastern Shore Drive Drainage Improvements Section ID Lynnhaven Drive Pump Station Project, CIP 100150(formerly CIP 7-069) September 20, 2022 38 AGENDA REVIEW SESSION ITEM#73274 (Continued) 12. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Association for the Preservation of Virginia Antiquities re renovations to the Cape Henry Lighthouse 13. Ordinance to ESTABLISH Capital Project#100639, "Cape Henry Lighthouse Restoration,"and to ACCEPT and APPROPRIATE funding from the Virginia Department of Transportation (VDOT) and the Association for the Preservation of Virginia Antiquities to Capital Projects #100423, "Traffic Safety Improvements IV,"and#100639 "Cape Henry Lighthouse Restoration" 14. Resolution to REQUEST the Virginia Department of Transportation (VDOT) to ESTABLISH Capital Projects#100548, "Pungo Ferry Road Improvements"and#100602, "West Neck Creek Bridge"and to AUTHORIZE the City Manager to enter into any necessary agreements for project development 15. Resolution to DECLARE 2016, 2020, 2036 Princess Anne Road to be a Revitalization Area re qualify for Virginia Housing Financing 16. Ordinance to AUTHORIZE temporary encroachments into a portion of city owned property known as Blue Gill Inlet a/k/a 352 Tuna Lane and a 5'drainage and utility easement, all located at the rear of 2789 Sandpiper Road re construct and maintain a walkway,wood dock,gangway,floating dock,and bulkhead with two (2)returns and maintain an existing inground pool 17. Ordinance to AUTHORIZE temporary encroachments into portions of city rights-of-way known as 27h Street, Baltic Avenue and Arctic Avenue for the Atlantic Park development project re A) construct and maintain a concrete patio and landscaping retaining wall, concrete steps and a concrete ramp along 20t Street,B) concrete steps, concrete landscape retaining wall and patio, and concrete steps along Baltic Avenue, C) concrete 2"d story balcony along Arctic Avenue 18. Ordinance to CARRY FORWARD and APPROPRIATE$7,194,674 to the FY2022-23 Operating Budget re purposes previously approved in FY 2021-22 and to APPROPRIATE unused Debt Service to offset use of Public Facility Revenue Bonds 19. Ordinance to ACCEPT and APPROPRIATE $1.5-Million of Federal Funds from the State of Good Repair/Primary Extension Program to Capital Project#100401 re road paving projects 20. Ordinance to ACCEPT and APPROPRIATE$181,300 from American Rescue Plan Act Tourism Recovery Program Grants to FY 2022-23 Convention and Visitors Bureau Operating Budget re support various conventions and events in the City 21. Ordinance to ACCEPT and APPROPRIATE$90,000 from American Rescue Plan Act Tourism Recovery Program Grant to FY 2022-23 Convention and Visitors Bureau Operating Budget re sports marketing related to the Jackelope Festival September 20, 2022 39 AGENDA REVIEW SESSION ITEM#73274 (Continued) 22. Ordinance to ACCEPT and APPROPRIATE an additional$69,061 from the Virginia Department of Fire Programs in Aid to Localities Grant Funding to the FY2022-23 Fire Department Operating Budget re personal protective apparel,equipment,department training,and community outreach activities 23. Ordinance to ACCEPT and APPROPRIATE$59,000 from the Virginia Department of Emergency Management to FY2022-23 Fire Department Operating Budget re Technical Rescue and HazMat Programs 24. Ordinance to ACCEPT and APPROPRIATE$1,136 from the Virginia Beach Library Foundation to FY 2022-23 Public Library Operating Budget re reimbursement for furniture purchased for Bayside Area and Special Services Library 25. Ordinance to TRANSFER $300,000 within the FY 2022-23 Waste Management Fund Operating Budget from the capital outlay accounts to the operating accounts re continue leasing waste collection trucks 26. Ordinance to TRANSFER$217,354 from Capital Project#100557, "Flood Mitigation Assistance Grant IV"to FY 2022-23 Office of Emergency Management Operating Budget re cover increased construction costs,material costs, and project administration K. ORDINANCES/RESOLUTIONS: ITEM#7 WILL BE CONSIDERED SEPARA TEL Y ITEM#8 WILL BE CONSIDERED AS AMENDED ITEM#15 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#17 ITEM#18 WILL BE CONSIDERED SEPARA TEL Y September 20, 2022 40 AGENDA REVIEW SESSION ITEM#73274 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. FRANK A.ZINGALES&JAMES T. CROMWELL,ESQ.,RECEIVER FOR SHORE REALTY CORPORATION, A DEFUNCT CORPORATION for a Street Closure re portion of the unimproved lane adjacent to the rear of 200 76th Street DISTRICT 6 (Formerly District 5- Lynnhaven) 2. DAM NECK ASSOCIATES,LLC for a Modification of Proffers to a Conditional Rezoning re a multi family development at 872 Dam Neck Road DISTRICT 5 (Formerly District 7- Princess Anne) 3. OCEAN CONDOMINIUM DEVELOPERS,LLC/ORP VENTURES,LLC for a Modification of Conditions re two (2)duplexes at 404 34th Street DISTRICT 6(Formerly District 6-Beach) 4. ATLANTIC PARK, INC. & VIRGINIA BEACH DEVELOPMENT AUTHORITY/VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Modification of Conditions to Alternative Compliance re four (4) 70-foot light poles and one (1) 60-foot light pole within the Surf Park Facility located at the block bordered by Arctic and Baltic Avenues, 19th&20th Streets and double block bordered by Pacific and Arctic Avenues, and 18th and 20th Streets DISTRICT 6 (Formerly District 6-Beach) 5. ATLANTIC PARK, INC. & VIRGINL4 BEACH DEVELOPMENT AUTHORITY/VIRGINIA BEACH DEVELOPMENT AUTHORITY request for a Major Entertainment Venue Sign located at the block bordered by Arctic and Baltic Avenues, 19th&20th Streets and double block bordered by Pacific and Arctic Avenues, and 18th and 20th Streets DISTRICT 6(Formerly District 6-Beach) 6. MIKE DAUBERT/BACK BAY FARMS. INC for a Conditional Use Permit re assembly use at 1833 Princess Anne Road DISTRICT 2(Formerly District 7-Princess Anne) 7. AMERCO REAL ESTATE COMPANY/ THOMAS BRILL IRREVOCABLE TRUST, HOWARD E. GORDON, TRUSTEE for a Conditional Use Permit re a mini-warehouse, truck and trailer rentals at the Southern Corner of the Intersection of Holland Road and Stoneshore Road, West of 3427 Holland Road DISTRICT 10(Formerly District 3-Rose Hall) 8. Ordinance to ADD Sections 250, 251, 252, 253, and 254 to the City Zoning Ordinance (CZO) re lighting requirements(Sponsored by Council Member Henley) September 20, 2022 N N N O �-O Go N N N h ti 04 W W Qn W 04 IQ; O WC.) hhhVUW � � aAA04 44 44cWW � AAA � � A AAAlA OOOOOO c W W W p rN W 4 ti V U ti 42 ITEM#73275 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 4(Formerly Kempsville) LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3 711(A)(7). • Lynch v. City of Virginia Beach LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3711(A)(8). • Atlantic Park CDA • ICRB PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees September 20, 2022 43 ITEM#73275 (Continued) Upon motion by Council Member Moss, seconded by Council Member Branch, City Council voted to proceed into CLOSED SESSION at 4:52 P.M. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse Break 4:52 P.M. — 5:03 P.M. Closed Session 5:03 P.M. — 5:46 P.M. September 20, 2022 44 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL SEPTEMBER 20,2022 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, September 20, 2022, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse INVOCATION: Pastor Jack Rose Calvary Revival Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If,during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a `personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. September 20, 2022 45 Vice Mayor Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest.In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Vice Mayor Wilson's letter of June 2, 2015 is hereby made a part of the record. September 20, 2022 46 ITEM- V.E. CERTIFICATION ITEM#73276 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 Gl/u•BEA_ 1. t ti r ;:-t13 ,►s.. 2 r Off, - r- i. 1- ouR .0,0*S RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#73275 on Page 43 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ILI, 11 A Azr a Barn•.,. C Ci Clerk September 20, 2022 47 ITEM— V.F.1 MINUTES ITEM#73277 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 6,2022 Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Delceno C. Miles, John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Michael F. Berlucchi Council Members Absent: Aaron R. Rouse September 20, 2022 48 ITEM— V.F.2 MINUTES ITEM#73278 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED the MINUTES of the FORMAL SESSION of September 13,2022 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 49 ITEM— V.G.1 MAYOR'S PRESENTATION ITEM#73279 Mayor Dyer welcomed Brian Clark, Media and Communications Coordinator. Mr. Clark expressed his appreciation to City Council for their continued support. Mr. Clark advised this month highlights the people, events and years between 2003 — 2007 as part of the Nostalgic Virginia Beach Campaign to celebrate the City's 60`h anniversary. Mr. Clark played a short video of the City's history between 2003— 2007 and turned the presentation over to Mayor Dyer to present the citizen awards. 60th ANNIVERSARYA WARDS Council Member Holcomb, on behalf of Mayor Dyer, welcomed Honorable Judge Leslie "Les"L. Lilley and read the Proclamation recognizing his service to the City for nearly fifty(50)years as a budget officer, Assistant to the City Manager,Assistant Commonwealth's Attorney, City Attorney and Circuit Court Judge. While Judge Lilley served as City Attorney, he reorganized the City Attorney's Office, led litigation to preserve public access to beaches, established the Agricultural Reserve Program, developed the strategy to roll back encroachment around Naval Air Station Oceana to preserve 12,000 jobs and negotiated the plan to secure the Lake Gaston Project to ensure the City's water supply. Judge Lilley continues to serve as a Circuit Court Judge and exemplifies the model of citizenship and service and is a recipient of the "Virginia Beach Diamond Award". Council Member Holcomb called upon the citizens and members within government agencies,public and private institutions, business and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. Judge Lilley advised it is an honor to accept this award and expressed his appreciation for this recognition as well as the decades of City Council's continuous support. Judge Lilley shared fond memories of his staff and Council Members who he served with while serving as City Attorney, adding his service has been a blessing. Mayor Dyer welcomed Marcie Oberndorf-Kelso and Heidi Oberndorf to accept the Proclamation recognizing their mother, the late Honorable Meyera Fran Ellenson Oberndorf,former Mayor of Virginia Beach. Mayor Dyer read the Proclamation honoring Mayor Oberndorf as the City's first female mayor, fist Jewish mayor, longest serving mayor and the first popularly elected mayor in the City's history. Mayor Oberndorf was recognized as a passionate public servant who championed for the City's library system, volunteer programs, a family friendly Oceanfront, negotiated with the 2005 Base Realignment and Closure Commission to save Naval Air Station Oceana, led the bid to construct the Lake Gaston pipeline and contributed to the opening of several landmarks and City facilities over her twenty (20) year service as Mayor. Mayor Oberndorf exemplified the model of citizenship and today is the recipient of the "Virginia Beach Diamond Award". Mayor Dyer called upon the citizens and members within government agencies, public and private institutions, business and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. September 20, 2022 50 ITEM— V.G.1 MAYOR'S PRESENTATION ITEM#73279 (Continued) Mrs. Oberndorf-Kelso expressed her appreciation to City Council for this recognition and remembrance of her mother. Mrs. Oberndorf-Kelso advised her and her sister, Heidi, had the honor of watching their mother from behind the scenes and expressed their pride in her many accomplishments. September 20, 2022 Ok . U 5 co, r'q,�s 0� of OUR NATO to ctamatio Wherrax The Jfonora6le Leslie L.Liffey has served Virginia Beach for nearly 50 years as a budget officer, Assistant to the City Manager,Assistant Commonwealth sAtoorney,City Attorney and Circuit Court Judge;and Whertax Judge Liffey was appointed City Attorney soon after the 1989 Greek lest riots and deftly coordinated legal aspects of the City's public policy response and defense of fegafcaaims that arose;and Whereas: .7fe reorganized the CityAttorney's Office into five functional areas,enabling staff attorneys to develop specia&sations within their fie'fds and strengthen their expertise so the City could address complex legal matters in-house,thereby saving taxpayers the expense of hiring outside counsez and Whereax 'il4hile City Attorney,he initiated legarresearch and-led associated litigation that preservedpu6Gc access to beaches along both the Chesapeake Bay and the Atlantic Ocean and worked to esta6Gsh the City's Agricultural&serve Program to preserve farmkind and open space forfuture generations;and Whereat. Judge Liffey pfayeda ley role in paving the way for numerous development projects including the Amphitheater,Town Center,the'Virginia Beach Sportspk the Convention Center and more;and W ierrtax .7fe developed and helped execute a nationally accfsimedstrategy to roll6ackencroachment around NavalAir Station Oceana to preserve 12,000 jobs by protecting the City's largest employer,anti- Whereas: In the face of an existential water crisis that threatened the prosperity andfuture growth of the City,Judge Liffey spearheaded the negotiation and defense of an eight year plan to secure the Lake Gaston project to ensure a safe,re&a6le water supply for'Virginia Beach for decades to come;and Whereas Judge Liffey continues to serve'Virginia Beach by ensuring justice as a Circuit Court Judge;and Wherea..; 'Nostalgic'TAB"is a celebration of Virginia Beach pioneers and residents leafing up to the 60m anniversary of our great city in January 2023. Wow,'Therefore I,Ebert M. "Bobby'Dyer,Mayor of the City of'Virginia Beach,'Virginia,do hereby proclaim: The Jfonora61 Les1e L. Liffey Rfctpzent of the ullirginia Beach 'Diamondf wart In Virginia Beach,and I call upon the citizens and members within government agencies,public and private institutions,businesses,andschoo&in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved City of Virginia Beach. In Witness 'Whereof I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, Virginia, to 6e affixed this Twentieth Day of September,Two thousand and Twenty-Two. 4p6ert 94. 'Bobby'Dyer Mayor P fp ',yes cc? Op ouR NKhekS to tia 'Wfiereas: Meyera Fran'EQenson Oberndorf has left an in&a6re markon the City of'Virginia Beach,paving the way for future female citizen leaders as the City's first female mayor,first Jewish mayor,longest sewing mayor and the first popularly elected mayor,and '44 ere= Mayor Oberndorf worked tirelessly for the betterment of the residents of"Arginia Beach as a passionate pu6Cc servant who championed the City's Library system and vorunteer program, promoted a family-friendly Oceanfront,fought fora seaway-and 6oardwark for hurricane protection, negotiated with the 2005 Base&alignment and Closure Commission to save NavalAirStation Oceana and led the City's bid to construct the Lakg Gaston pipeline to ensure a rela6le water source for'Virginia Beach;and eiMiiertas: Virginia Beach has benefited tremendously from achievements during her two consecutive decades at the helm such as the opening of key landmuirks and City facifities,intruding the Central-Library now namedfor her,and the'Pungo-'Blackfvater Library,the Virginia Aquarium,the Virginia Beach Pavilion and the Virginia Beach Convention Center,the Virginia Beach Amphitheater,the Bayside, Seatackand Princess Anne recreation centers,the Judicial Center,SandlerCenterfor the Performing Arts and the Virginia Museum of Contemporary Art;and 'Whereas: (During Mayor 06emdorf s tenure,she also ushered in the birth of Town Center and cut the ribbons dedicating the Tidewater Veterans Memorial the original-Kids Cove at Mount Trashmore Park the 24th Street cParkand King Neptune Statue;and ¶4ereas: 9Keyera Oberndorf also shared her talents beyond Virginia Beach's borders and herd several-national. readership positions in the VS.Conference of Mayon and the National League of Cities;and 'Whereas: 'Nostalgic'TAB'is a celebration of Virginia Beach pioneers and residents Ong up to the 60'h anniversary of our great city in January 2023. Wow,Therefore I,p6ert M. 'Bobby'(Dyer;Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: Meyera Fran Elrenson Oberndorf cipient of the "Virginia Beach DiamondAward" In Virginia Beach,and l cal-upon the citizens and members within government agencies,pub&and private institutions, businesses,and schools in Virginia Beach to 6e of service for the benefit and betterment of the community so that future generations can appreciate andfurther up(iift our belovetCity of Virginia(Beach. In 'Witness Whereof ereof I have hereunto set my hand and caused the Official-Seal of the City of Virginia (Beach, Virginia,to be affiied this Twentieth(Day of September,Two Thousand and Twenty-Two. • fq ( j �6ert M. 'Bobby°Dyer Mayor r . �t9 51 ITEM— V.H.1 BID OPENING ITEM#73380 Mayor Dyer DECLARED A BID OPENING: COMMUNICATION TOWER LEASE AGREEMENT ON CITY OWNED PROPERTY Telecommunications Services Mayor Dyer read into the record: "Pursuant to Virginia Code Section 15.2-2102, I will now summarize the bids that have been received for the proposed long-term lease on City property containing 10,000 square feet, together with an access and utility easement appurtenant thereto, located off Indian River Road in Virginia Beach, Virginia. One bid has been received, as follows: Crown Castle GT Company LLC has bid: - 10 year term with the option to renew for up to 2 additional 5 year terms, upon mutual agreement of the City and Crown Castle,for a maximum of twenty(20)years. Are there any other persons that desire to submit a bid at this time? There being no further bids, the bidding is closed. City staff has evaluated the bid received and recommends that Crown Castle be awarded a tower lease agreement. We will now open a Public Hearing for the proposed long-term lease on City property containing 10,000 square feet, together with an access and utility easement appurtenant thereto, located off Indian River Road in Virginia Beach, Virginia." September 20, 2022 52 ITEM— V.H.2 BID OPENING ITEM#73381 Mayor Dyer DECLARED A BID OPENING: NON-EXCLUSIVE FRANCHISE FOR USE OF CITY RIGHTS-OF-WAY Telecommunications Services Mayor Dyer read into the record: "Pursuant to Virginia Code Section 15.2-2102, I will now summarize the bids that have been received for the proposed non-exclusive franchise agreements for the purpose of constructing, installing and maintaining facilities for telecommunications services within the City's streets and public rights-of-way. One bid has been received, as follows: Lumos Telephone LLC has bid: - 10 year term with automatic renewal option for up to 3 additional 10 year terms,for a maximum offorty(40)years. Are there any other persons that desire to submit a bid at this time? There being no further bids, the bidding is closed. City staff has evaluated the bids received and recommends that Lumos be awarded a non- exclusive franchise agreement. We will now open a Public Hearing for the proposed non-exclusive franchise agreements for constructing, installing and maintaining facilities for telecommunications services within the City's streets and public rights-of-way." September 20, 2022 53 ITEM— V.I.1 PUBLIC HEARINGS ITEM#73382 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY-COMMUNICATION TOWER 10,000 square feet located off Indian River Road The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING September 20, 2022 54 ITEM— V.I.2 PUBLIC HEARINGS ITEM#73383 Mayor Dyer DECLARED a PUBLIC HEARING: NON-EXCLUSIVE FRANCHISE USE Lumos Telephone LLC The following registered to speak: Catherine Mosley,Applicant, 1 Lumos Plaza, Waynesboro, VA,Phone:434-942-5750,spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING September 20, 2022 55 ITEM- V.J FORMAL SESSION AGENDA ITEM#73284 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6)minutes to speak on all items. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514-spoke in OPPOSITION to: Ordinances/Resolution K: 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 16, 17, 19, 20, 21, 22, 23, 24, 25 and 26 and Planning Items L: 1, 3, 6, 7 and 8 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolution K: 1, 2, 3, 4, 5, 6, 8 (AS AMENDED), 9, 10, 11, 12, 13, 14, 16, 17, 19, 20, 21, 22, 23, 24, 25 and 26 and Planning Items L: 1, 3, 6 (DEFERRED TO OCTOBER 18,2022), 7 and 8 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse K. ORDINANCES/RESOLUTIONS: ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#15 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#17 ITEM#18 WILL BE CONSIDERED SEPARATELY L.PLANNING: ITEM#2 WILL BE CONSIDERED SEPARA TEL Y ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#4 COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#5 September 20, 2022 56 ITEM— V.K.1 ORDINANCES/RESOLUTIONS ITEM#73285 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Communication Tower Lease Agreement for City-Owned Property located off Indian River Road with Crown Castle GT Company, LLC re install, maintain, and operate facilities for providing wireless telecommunication services Voting: 10-0 Council Members Voting Aye. Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 2 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 3 EXECUTE A COMMUNICATION TOWER LEASE 4 AGREEMENT FOR CITY-OWNED PROPERTY LOCATED 5 OFF INDIAN RIVER ROAD WITH CROWN CASTLE GT 6 COMPANY, LLC TO INSTALL, MAINTAIN AND OPERATE 7 FACILITIES FOR PROVIDING WIRELESS 8 TELECOMMUNICATIONS SERVICES 9 10 WHEREAS, the City of Virginia Beach ("City") is the owner of certain property 11 located off Indian River Road in the Pungo Borough containing ten thousand (10,000) 12 square feet (GPIN: 2403-81-6985-0000) ("Property"); and 13 14 WHEREAS, Crown Castle GT Company, LLC ("Crown Castle") is a Delaware 15 limited liability company that currently utilizes a communications tower and ground 16 facilities located on the Property; and 17 18 WHEREAS, Crown Castle desires to enter into a new lease with the City for 19 continued use of the Property, together with easements for the right of ingress and egress 20 to access the Property, for the installation, maintenance and replacement of necessary 21 equipment associated with wireless facilities; and 22 23 WHEREAS, the City's lease of the Property will allow Crown Castle to continue its 24 operation of certain facilities for the purpose of providing wireless telecommunications 25 services to the general public. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a communication tower 31 lease agreement with Crown Castle with for a term of ten (10) years with two (2) five (5) 32 year renewal options, in accordance with the Summary of Terms, and such other terms, 33 conditions or modifications as may be acceptable to the City Manager and in a form 34 deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 t h day of 37 September , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: DOn Public Wof`ks/Facilities Management City Attorney's Office CA14951 R-1 September 12, 2022 57 ITEM— V.K.2 ORDINANCES/RESOLUTIONS ITEM#73286 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Nonexclusive Franchise Agreement to Lumos Telephone LLC re install, operate, and maintain network facilities for telecommunication services Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE AGREEMENT TO LUMOS TELEPHONE 3 LLC TO INSTALL, OPERATE AND MAINTAIN 4 NETWORK FACILITIES FOR TELECOMMUNICATION 5 SERVICES IN THE CITY'S PUBLIC STREETS AND 6 RIGHTS-OF-WAY 7 8 WHEREAS, Lumos Telephone LLC, a Virginia limited liability company ("Lumos"), 9 builds and operates fiber networks and related communication services; 10 11 WHEREAS, Lumos desires to utilize the City of Virginia Beach's ("City") public 12 streets and rights-of-way to install, operate and maintain a fiber network; 13 14 WHEREAS, Lumos is seeking to enter into a nonexclusive franchise agreement 15 ("Franchise") with the City to use and occupy the City's public streets and rights-of-way; 16 17 WHEREAS, the Franchise will allow Lumos to install, operate and maintain fiber 18 optic cable for the purpose of operating a fiber optic network; and 19 20 WHEREAS, City staff supports allowing Lumos to use the City's public streets and 21 rights-of-way for the aforesaid purposes, subject to the terms and conditions set forth in 22 the summary of terms, attached hereto as Exhibit A, ("Summary of Terms"). 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby authorizes the City Manager to execute a Franchise 28 with Lumos for a maximum term of 40 years, in accordance with the Summary of Terms, 29 and such other terms, conditions or modifications, as may be acceptable to the City 30 Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 20th day of September , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: n TechnologyCityAttorney's Office � (-- Informatio y CA15869 R-1/September 8, 2022 58 ITEM— V.K.3 ORDINANCES/RESOLUTIONS ITEM#73287 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution to DECLARE the Month of October as Fall Clean-Up Month (Requested by City Council) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 REQUESTED BY CITY COUNCIL 1 A RESOLUTION DECLARING THE MONTH OF OCTOBER 2 AS FALL CLEAN-UP MONTH 3 4 WHEREAS, earlier this year, the City Council asked the City Manager to develop 5 a plan for enhanced education and engagement regarding clean, healthy and beautiful 6 waterways, and staff engaged a facilitator who held listening sessions with the 7 community, including representatives of environmental groups, retailers, and the 8 community at large; 9 10 WHEREAS, the listening sessions brought to light a lack of public awareness of 11 steps already being taken by the City to improve our waterways and community clean-up 12 efforts, such as the City's Adopt-A-Program, Adopt-A-Drain program, Earth Day, Great 13 American Cleanup, Recycling Education and Outreach, and the work of the City's Clean 14 Community Commission; 15 16 WHEREAS, these listening sessions also made clear that City residents, retailers, 17 and environmental groups share the goal of promoting clean and healthy waterways; 18 19 WHEREAS, clean waterways and clean communities help make the City a 20 healthier place to live for our residents, and clean waterways economically benefit the 21 City by attracting visitors who seek clean and healthy places to visit and business that 22 seek clean communities when determining where to locate or expand; and 23 24 WHEREAS, the promotion of clean waterways and the removal of litter are ways 25 that citizens, environmental groups, civic organizations, and the business community can 26 work together for the betterment of our City by promoting cleaner waterways, and those 27 efforts are also ways that individuals can support the City's extensive efforts to prevent 28 flooding; 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby designates October 2022 as Fall Clean-Up Month in 34 the City of Virginia Beach; and 35 36 That the City Council encourages and calls upon neighborhoods, community 37 groups, civic organizations, non-profits, and businesses throughout the City to host clean- 38 up events in October, and the Council calls upon residents to support and participate in 39 those efforts in furtherance of the City's goals for Clean, Healthy and Beautiful 40 Waterways. Adopted by the City Council of the City of Virginia Beach, Virginia on the 20th day September , 2022. APPROVED AS TO LEGAL SUFFICIENCY: o',,&PK;i - -- City Attorney's Office CA15922 R-2 September 13, 2022 2 59 ITEM— V.K.4 ORDINANCES/RESOLUTIONS ITEM#73288 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Resolution to NAME the Stage and Paved Area at the 31' Street Park as "The Nancy A. Creech Performance Plaza at Neptune's Park"(Requested by City Council) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 REQUESTED BY CITY COUNCIL 1 A RESOLUTION NAMING THE STAGE AND PAVED AREA 2 AT THE 31ST STREET PARK AS "THE NANCY A. CREECH 3 PERFORMANCE PLAZA AT NEPTUNE'S PARK" 4 5 WHEREAS, Nancy A. Creech has supported the City of Virginia Beach for many 6 years and in countless different capacities, most prominently as President of the Virginia 7 Beach Neptune Festival, an organization for which she has been actively involved since 8 1974; 9 10 WHEREAS, under her leadership, the Neptune Festival produces more than 40 11 events annually, and its flagship event, the Virginia Beach Neptune Festival Boardwalk 12 Weekend, is the largest annual special event in the Commonwealth of Virginia; 13 14 WHEREAS, the Boardwalk Weekend has been ranked as one of the Top 20 15 Events in the Southeastern United States, with an annual economic impact of more than 16 $20 million and more than $1 million in local tax revenue; 17 18 WHEREAS, she was elected and served as a member of the City Council, and 19 she was as a member of the Planning Commission for more than a decade; 20 21 WHEREAS, she also served with distinction on several other boards and 22 commissions, including the Resort Advisory Commission, the Virginia Beach Arts & 23 Cultural Advocacy Committee, the Sandler Center Steering & Fundraising Committee, 24 the Virginia Beach Police Foundation, the Virginia Symphony Orchestra, the Governors 25 School for the Arts Foundation, Virginia Musical Theater, the Hampton Roads Navy 26 League, and Virginia Beach Vision; 27 28 WHEREAS, she has been honored as First Citizen of Virginia Beach, Great 29 Citizen of Hampton Roads, Hampton Roads Woman of the Year, and a Virginia Beach 30 Champion for the Arts, among many other honors, including, most recently, the Virginia 31 Beach Diamond Award; 32 33 WHEREAS, in 2004, under her leadership, the Neptune Festival commissioned 34 the 34-foot King Neptune Statue, and in 2005, when the statue was completed, the 35 Festival dedicated the statute to the City; 36 37 WHEREAS, the Neptune Statue has become a source of pride for all residents of 38 the City, and it has become an iconic image of the City, recognized throughout the 39 region and well beyond; 40 41 WHEREAS, the Neptune Statue is located near the 31st Street Park, adjacent to 42 the 31st Street Stage that has hosted hundreds of musical acts and performers, 43 including during Neptune Festival events; and 44 45 WHEREAS, the City Council desires to acknowledge Nancy Creech's many 46 contributions to the City by naming this stage and the surrounding paved area in her 47 honor; 48 49 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 50 VIRGINIA BEACH, VIRGINIA: 51 52 That the 31st Street Stage and the adjacent paved area is hereby named, and 53 shall henceforth be known as, "The Nancy A. Creech Performance Plaza at Neptune's 54 Park." 55 56 Adopted by the City Council of the City of Virginia Beach, Virginia, this 20th 57 day of September , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15903 R-3 September 14, 2022 60 ITEM— V.K.5 ORDINANCES/RESOLUTIONS ITEM#73289 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Resolution to RECOGNIZE the first week of October as Malnutrition Awareness Week (Requested by Council Members Berlucchi, Henley, Miles, and the Human Rights Commission) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 REQUESTED BY COUNCILMEMBER BERLUCCHI, HENLEY AND MILES AND THE HUMAN RIGHTS COMMISSION 1 A RESOLUTION RECOGNIZING THE FIRST WEEK OF 2 OCTOBER AS MALNUTRITION AWARENESS WEEK 3 4 WHEREAS, nutrition status is a direct measure of a person's health, and 5 inadequate or unbalanced nutrition, known as malnutrition, is particularly prevalent in 6 vulnerable populations, including older adults, hospitalized patients, and people in 7 underserved communities, who shoulder the highest statistical incidences of the most 8 severe chronic illnesses such as diabetes, kidney disease, cancer, and cardiovascular 9 disease; 10 11 WHEREAS, the effects of malnutrition have been exacerbated by the COVID-19 12 pandemic, which has intensified disparities and social isolation for older adults, which is 13 further compounded by food insecurity across many communities; 14 15 WHEREAS, in 2012, the American Society for Parental and Enteral Nutrition 16 established Malnutrition Awareness Week to increase understanding about the danger of 17 malnutrition and increase support for critical intervention and treatment options; 18 19 WHEREAS, earlier this year, the General Assembly of Virginia approved a 20 resolution that designates the first week in October as Malnutrition Awareness Week in 21 Virginia; and 22 23 WHEREAS, the City Council supports efforts to raise awareness of malnutrition 24 and to address malnutrition because freedom from hunger and malnutrition is crucial for 25 the enjoyment of human rights; 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Council hereby recognizes the first week of October as Malnutrition 31 Awareness Week and supports the efforts of governmental agencies, non-profits, 32 community organizations and others to provide intervention and treatment options for 33 persons suffering from malnutrition. Adopted by the City Council of the City of Virginia Beach, Virginia on the 20th day September , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's ice CA15923 R-1 September 14,2022 2 61 ITEM— Y.K.6 ORDINANCES/RESOLUTIONS ITEM#73290 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 2-224.14 re allow additional time for bidders to submit project goals information Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2- 2 224.14 TO ALLOW ADDITIONAL TIME FOR BIDDERS TO 3 SUBMIT PROJECT GOALS INFORMATION 4 5 SECTION AMENDED: § 2-224.14 6 7 WHEREAS, the City Staff recommends amending the City's Project Goals 8 Ordinance to allow additional time for bidders to submit project goals or good faith efforts 9 information; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA, THAT: 13 14 Section 2-224.14 of the City Code is hereby amended to read as follows: 15 16 Section 2-224.14. — Project Goals — Construction. 17 18 (a) For a solicitation to purchase construction services with an estimated value of more 19 than five million dollars ($5,000,000), the Purchasing Agent or designee shall 20 review the anticipated scope of work to make a determination as to whether there 21 are sufficient subcontracting opportunities for meaningful minority-owned business 22 project goals. In the setting of a project goal, the term "minority-owned business" 23 shall mean only businesses owned by Asian Americans, Black Americans, and 24 Hispanic Americans. In the development of the solicitation, the Purchasing Agent 25 or designee in consultation with the City's SWaM Business Office shall use the 26 same or substantially similar goal-setting methodology as is utilized in the federal 27 Urban Construction Initiative. 28 (b) The project goal for the solicitation shall be a requirement for a responsive bid. 29 Alternatively, a bidder may seek a waiver from the project goal requirement by 30 submission of good faith efforts. The review of the request for a waiver shall use 31 the same factors as set forth in § 2-224.2. Any determination of good faith efforts 32 as a waiver shall be reduced to writing and made a part of the procurement record. 33 Small business utilization, project goals and/or good faith efforts information shall 34 be provided to the City with the bid or within 48 hours of the time for submission of 35 bids, and if such 48 hour period of time ends on a weekend or holiday, the 36 information shall be provided to the City by 3pm the following business day. 37 (c) For purposes of classification as a minority-owned business for purposes of this 38 section, the City shall allow certification through the Virginia Department of Small 39 Business and Supplier Diversity or certification through the City's SWaM Business 40 Office. 41 (d) The requirements of this section shall not apply to emergency procurements nor 42 projects that include federal disadvantaged business enterprise requirements or 43 similar requirements. 44 (e) The Purchasing Agent shall provide quarterly reports to the City Council of all 45 construction bids in excess of $5 million, the project goal for each solicitation, and 46 the results of the bids for such contracts, including the proposed minority-owned 47 business subcontracting. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 0 t h day of September , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 14e1 -----— Finance Department Cry Atf ey's Office CA15904 R-3 September 8, 2022 62 ITEM— V.K.7 ORDINANCES/RESOLUTIONS ITEM#73291 The following registered to speak: Kendall Maynard, 108 45`'`Street, Phone: 705-0574, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED Ordinance to AMEND City Code Sections 35-158 and 35-161 re tax on transients obtaining lodging Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO AMEND SECTIONS 35-158 2 AND 35-161 OF THE CITY CODE REGARDING 3 THE TAX ON TRANSIENTS OBTAINING 4 LODGING 5 6 SECTIONS AMENDED: 35-158; and 35-161 7 8 WHEREAS, 2022 Acts of Assembly cs. 7 and 640 (the "2022 Legislation") are 9 identical pieces of legislation that further the work of last year's overhaul of the retail sales 10 and use tax and local transient occupancy taxes to address the role of online retailers for 11 both hotels and short-term rentals; 12 13 WHEREAS, the 2022 Legislation is effective October 1, 2022; and 14 15 WHEREAS, the City Council desires to amend and reordain certain sections of the 16 City Code regarding the City's transient occupancy taxes to align with the 2022 17 Legislation; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1. Sections 35-158, and 35-161 of the City Code are hereby amended and reordained 23 as follows: 24 25 Sec. 35-158. Definitions. 26 27 Except where the context clearly indicates a different meaning, the following words 28 and phrases, when used in this article shall, for the purposes of this article, have the 29 meanings ascribed to them in this section: 30 31 Accommodations. "Accommodations" means any room or space for which tax is 32 imposed on the retail sale of the same pursuant to this article. 33 34 Accommodations fee. "Accommodations fee" means the room charge less the 35 discount room charge, if any, provided that the accommodations fee shall not be less than 36 $0. 37 38 Accommodations intermediary. "Accommodations intermediary" means any 39 person other than an accommodations provider that (i) facilitates the sale of an 40 accommodation; and (ii) either (a) charges a room charge to the customer, and charges 41 an accommodations fee to the customer, which fee it retains as compensation for 42 facilitating the sale; (b) collects a room charge from the customer; or (c) charges a fee, 43 other than an accommodations fee, to the customer, which fee it retains as compensation 44 for facilitating the sale. For purposes of this definition, "facilitates the sale" includes 45 brokering, coordinating, or in any other way arranging for the purchase of the right to use 46 accommodations via a transaction directly, including via one or more payment 47 processors, between a customer and an accommodations provider. "Accommodations 48 intermediary" does not include a person (1) if the accommodations are provided by an 49 accommodations provider operating under a trademark, trade name, or service mark 50 belonging to such person; o-r (2) who facilitates the sale of an accommodation if (i) the 51 price paid by the consumer to such person is equal to the price paid by such person to 52 the accommodations provider for the use of the accommodations and (ii) the only 53 compensation received by such person for facilitating the sale of the accommodations is 54 a commission paid from the accommodations provider to such person; or (3) who is 55 licensed as a real estate licensee pursuant to Article 1 of Chapter 21 of Title 54.1, when 56 acting within the scope of such license. 57 58 Accommodations provider. "Accommodations provider" means any person that 59 furnishes accommodations to the general public for compensation. The term "furnishes" 60 includes the sale of use or possession or the sale of the right to use or possess. An 61 Accommodations provider may be any public or private hotel, inn, hostelry, tourist home 62 or house, tourist camp, tourist cabin, camping grounds, motel, rooming house or other 63 lodging place within the city offering lodging, for compensation, to any transient. 64 65 Affiliate. "Affiliate" means with respect to any person, any other person directly or 66 indirectly controlling, controlled by, or under common control with such person. For 67 purposes of this definition, "control" (including controlled by and under common control 68 with) shall mean the power, directly or indirectly, to direct or cause the direction of the 69 management and policies of such person through ownership or voting securities or by 70 contract or otherwise. 71 72 City treasurer. "City treasurer" means the treasurer of the city and any of his or her 73 duly authorized deputies and agents. 74 75 Commissioner of revenue. "Commissioner of revenue" means the commissioner 76 of revenue of the city and any of his or her duly authorized deputies and agents. 77 78 Discount room charge. "Discount room charge"means the full amount charged by 79 the accommodations provider to the accommodations intermediary, or an affiliate thereof, 80 for furnishing the accommodations. 81 82 Retail sale. "Retail sale" means a sale to any person for any purpose other than 83 for resale. 84 85 Room charge. "Room charge" means the full retail price charged to the customer 86 by the for the use of the accommodations, including any 87 accommodations fee, before taxes. "Room charge" includes any fee charged to the 88 customer and retained as compensation for facilitating the sale, whether described as an 89 accommodations fee, facilitation fee, or any other name. The room charge shall be 90 determined in accordance with 23VAC10-210-730 and the related rulings of the Virginia 91 Department of Taxation on the same. 92 93 Transient. "Transient" means any person who, for any period of not more than 94 ninety (90) consecutive days, either at his own expense or at the expense of another, 95 obtains accommodations from any accommodations provider. 96 97 The Commissioner of the Revenue may rely upon the processes and procedures 98 promulgated by the Virginia Department of Taxation to implement 2021 Acts of Assembly 99 Special Session c. 383 or 2022 Acts of Assembly cs. 7 and 640 in the construction or 100 interpretation of any of the above definitions and the incidence of the tax authorized by 101 this Article VII of Chapter 35 of the City Code. 102 103 .... 104 105 Sec. 35-161. Collection. 106 107 a. For any retail sale of accommodations not facilitated by an accommodations 108 intermediary, the accommodations provider shall collect the tax imposed pursuant 109 to this article, computed on the total price paid for the use or possession of the 110 accommodations, and shall remit the same to the City and shall be liable for the 111 same. 112 113 b. For any retail sale of accommodations facilitated by an accommodations 114 intermediary, the accommodations intermediary shall be deemed under this article 115 as a facility making a retail sale of an accommodation. The accommodations 116 intermediary shall collect the tax imposed pursuant to this article, computed on the 117 room charge and shall remit the same to the locality and shall be liable for the 118 same. When the accommodations are at a hotel, the accommodations 119 120 shall remit such taxes to the City. 121 , 122 the Virginia Code, or at any othermodations, the accommodations 123 intermediary shall remit the taxes on the room charge to the City. 124 125 c. For any transaction for the retail sale of accommodations involving two or more 126 parties that meet the definition of accommodations intermediary, nothing in this 127 section shall prohibit such parties from making an agreement regarding which 128 party shall be responsible for collecting and remitting the tax, so long as the party 129 so responsible is registered with the locality for purposes of remitting the tax. In 130 such event, the party that agrees to collect and remit the tax shall be the sole party 131 liable for the tax, and the other party to such agreement shall not be liable for such 132 tax. An accommodations intermediary shall not be liable for taxes under this a4iGle 133 134 135 by an accommo , 136 137 only to the extent that the accommodations intermediary has remitted such taxes 138accommodations . 139 140 d. In any retail sale of any accommodations in which an accommodations 141 intermediary does not facilitate the sale of the accommodations, the 142 accommodations provider shall separately state the amount of the tax in the bill, 143 invoice, or similar documentation and shall add the tax to the total price paid for 144 the use or possession of the accommodations. In any retail sale of any 145 accommodations in which an accommodations intermediary facilitates the sale of 146 the accommodation, the accommodations intermediary shall separately state the 147 amount of the tax on the bill, invoice, or similar documentation and shall add the 148 tax to the room charge; thereafter, such tax shall be a debt from the customer to 149 the accommodations intermediary, recoverable at law in the same manner as other 150 debts. 151 152 e. The taxes required to be collected under this section shall be deemed to be held 153 in trust by the person required to collect such taxes, until remitted as required in 154 this article. 155 156 f. Any accommodations intermediary conducting transactions within the City shall 157 submit to the Commissioner of the Revenue the property addresses and gross 158 receipts for all accommodations facilitated by the accommodations intermediary in 159 the City on forms promulgated by the Commissioner of the Revenue. A copy of 160 this report containing only the property addresses shall be separately submitted by 161 the accommodations intermediary to the Department of Planning. Such 162 information shall be submitted monthly. 163 164 2. The effective date of this ordinance is October 1, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, this 20th day of September , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue i A ney's Office CA15921 R-2 September 9, 2022 63 ITEM— V.K.8 ORDINANCES/RESOLUTIONS ITEM#73292 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, AS AMENDED, BY CONSENT, Ordinance to AMEND various Federal Grant Programs administered by the Department of Housing and Neighborhood Preservation Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 UPDATED ORDINANCE 1 AN ORDINANCE TO AMEND VARIOUS FEDERAL 2 GRANT PROGRAMS ADMINISTERED BY THE 3 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION 5 6 WHEREAS, grant funding often spans fiscal years, and the City's financial system 7 keeps grants open in accordance with Section 8 of the Annual Appropriation Ordinance 8 to allow the appropriate accounting of such grants on a grant-by-grant basis; and 9 10 WHEREAS, the Department of Housing and Neighborhood Preservation requires 11 the adjustment of Community Development Block Grants, HOME Program Funds, 12 Emergency Shelter Grants, Housing Opportunities for Persons with AIDS Program, State 13 Rental Assistance, and Housing Choice Voucher Administration Funds and Fair Share 14 Vouchers; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1. The following adjustments are to various federal grant programs within the 20 Department of Housing and Neighborhood Preservation's FY 2020-21 Budget: 21 a) Decrease appropriations by $313 for the Community Development Block 22 Grant funds, with federal revenue decreased accordingly; 23 b) Decrease appropriations by$31,306 for the Community Development Block 24 Grant funds, with program income revenue decreased accordingly; 25 c) Decrease appropriations by$231 for the HOME Program funds, with federal 26 revenue decreased accordingly; 27 d) Decrease appropriations by $11,597.98 for the HOME Program funds, with 28 program income revenue decreased accordingly; 29 30 2. The following adjustments are made to various federal grant programs within the 31 Department of Housing and Neighborhood Preservation's FY 2021-22 Budget: 32 a) Decrease appropriations by $2,587 for the Community Development Block 33 Grant funds, with program income revenue decreased accordingly; 34 b) Increase appropriations by $88,190.46 for the HOME Program funds, with 35 program income revenue increased accordingly; 36 37 3. The following adjustments are made to various federal grant programs within the 38 Department of Housing and Neighborhood Preservation's FY 2022-23 Budget: 39 a) Decrease appropriations by$72,255 for the Community Development Block 40 Grant funds, with federal revenue decreased accordingly; 41 b) Increase appropriations by $103,644 for the HOME Program funds, with 42 federal revenue increase accordingly; 43 c) Decrease appropriations by $5,040 for the Emergency Shelter Grant funds, 44 with federal revenue decreased accordingly; 45 d) Increase appropriations by $499,255 for the HOPWA Program funds, with 46 federal revenue increase accordingly; 47 e) Decrease appropriations by $382,443 for the State Rental Assistance 48 Program funds, with state revenue decreased accordingly; 49 f) Appropriate a total of $136,500 for the Emergency Housing Voucher 50 Program, with federal revenue increased accordingly; 51 g) Appropriate $156,000 for the Housing Choice Voucher Admin Funds, with 52 federal revenue increased accordingly; 53 h) Appropriate a total of $ 120,774 for the Housing Choice Voucher Program, 54 with federal funds increased accordingly; Adopted by the Council of the City of Virginia Beach, Virginia on the 20 t h day of September 2022 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement ervices ey s ffice CA15920 R-2 (Updated) September 20, 2022 64 ITEM— V.K.9 ORDINANCES/RESOLUTIONS ITEM#73293 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution to ENDORSE a Family Self-Sufficiency Program Annual Plan.for the Department of Housing and Neighborhood Preservation re Housing Choice Voucher Program Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 A RESOLUTION TO ENDORSE A FAMILY SELF- 2 SUFFICIENCY PROGRAM ANNUAL PLAN FOR THE 3 DEPARTMENT OF HOUSING AND 4 NEIGHBORHOOD PRESERVATION FOR THE 5 HOUSING CHOICE VOUCHER PROGRAM 6 7 WHEREAS, the City's Department of Housing and Neighborhood Preservation 8 (DHNP) operates the federally funded Housing Choice Voucher program (HCV); 9 10 WHEREAS, as part of the HCV program, DHNP operates a Family Self-Sufficiency 11 sub-program of the HCV Program; and 12 13 WHEREAS, DHNP is required to submit a Family Self-Sufficiency Action Plan to 14 the U. S. Department of Housing and Urban Development; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 17 CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 The City Council hereby endorses the Department of Housing and Neighborhood 20 Preservation's proposed Family Self-Sufficiency Action Plan and authorizes the 21 submission of this plan to the U. S. Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 o t h day of_ September , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I/ r Budget an Management Services Ci or y' ffice CA15914 R-1 September 7, 2022 65 ITEM— V.K.IO ORDINANCES/RESOLUTIONS ITEM#73294 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to REPEAL a previous appropriation of funds and to ACCEPT twenty-four(24) automated external defibrillators from the Firehouse Subs Public Safety Foundation Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley, N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO REPEAL A PREVIOUS 2 APPROPRIATION OF FUNDS AND TO ACCEPT TWENTY- 3 FOUR AUTOMATED EXTERNAL DEFIBRILLATORS FROM 4 THE FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1 . The ordinance adopted May 3, 2022, to accept and appropriate $31,867 from 10 the Firehouse Subs Public Safety Foundation is hereby repealed. 11 12 2. Twenty-four Automated External Defibrillators are hereby accepted from the 13 Firehouse Subs Public Safety Foundation for the Police Department to be used 14 in patrol vehicles. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of September , 2022 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu get and Management Services it orrSey's Office CA15905 R-1 September 2, 2022 66 ITEM— V.K.11 ORDINANCES/RESOLUTIONS ITEM#73295 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or condemnation re Eastern Shore Drive Drainage Improvements Section ID Lynnhaven Drive Pump Station Project, CIP 100150(formerly CIP 7-069) Voting. 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE EASTERN SHORE DRIVE 4 DRAINAGE IMPROVEMENTS SECTION 1 D 5 LYNNHAVEN DRIVE PUMP STATION 6 PROJECT, CIP 100150 (FORMERLY CIP 7- 7 069), EITHER BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a ii public necessity exists to construct and maintain the Lynnhaven Drive Stormwater Pump 12 Station, located on the north side of Lynnhaven Drive between Cape Henry Canal to the 13 east and West Great Neck Road to the west, for a stormwater pump station and related 14 facilities for the purpose of addressing frequent flooding of public streets and highways and is public and private infrastructure, to improve transportation during rain events, and for the 16 preservation of the safety, health, peace, good order, comfort, convenience, and for the 17 welfare of the people in the City of Virginia Beach; 18 19 WHEREAS, the properties located at 2208 West Great Neck Road (GPINs: 1499-39- 20 3262, 1499-39-3184 and 1499-39-5153)(collectively, the"Property") have been determined 21 to be the best location for the construction of the new pump station to provide stormwater 22 protection and drainage facilities to the surrounding area. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 Section 1. That the City Council authorizes the acquisition by purchase or 28 condemnation pursuant to Sections 15.2-1901 , et seq., Section 15.2-970, Sections 33.2- 29 1007, et seq., and Title 25.1 of the Code of Virginia of 1950, as amended, of all that 30 Property, more particularly shown on Exhibit A, attached hereto and made a part hereof, as 31 further shown on the plans entitled "EASTERN SHORE DRIVE DRAINAGE 32 IMPROVEMENTS SECTION 1 D LYNNHAVEN DRIVE PUMP STATION CIP NO. 100150" 33 (the "Project"), and more specifically described on the acquisition plat for the Project (plat 34 and plans collectively referred to as the "Plans"), the Plans being on file in the Department 35 of Public Works, Stormwater Engineering Division, 2875 Sabre St., Suite 250, City of 36 Virginia Beach, Virginia 23452. 37 38 Section 2. That the City Manager is hereby authorized to make or cause to be made 39 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 40 offer to the owners or persons having an interest in said Property. If refused, if the property 41 owners are unable to convey clear title, or if the owners cannot be identified or located, the 42 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 43 to condemn to acquire title to the Property. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of 46 September , 2022. CA15800 PREPARED: 8/22/22 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p046\00824683.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY A(9 PUBLIC WORKS/REAL ESTATE CITY OR EY EXHIBIT A Parcels Authorized for Acquisition By Agreement or Condemnation: ADDRESS OWNER (Now or Formerly) GPIN 2208 W. Great Neck LDSM Properties, LLC 1499-39-3262 Road (Principal: Cheryl P. McLeskey) W. Great Neck Road LDSM Properties, LLC 1499-39-3184 W. Great Neck Road LDSM Properties, LLC 1499-39-5153 67 ITEM— V.K.12 ORDINANCES/RESOLUTIONS ITEM#73296 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Association for the Preservation of Virginia Antiquities re renovations to the Cape Henry Lighthouse Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT 3 BETWEEN THE CITY OF VIRGINIA BEACH 4 AND THE ASSOCIATION FOR THE 5 PRESERVATION OF VIRGINIA ANTIQUITIES 6 FOR RENOVATIONS TO THE CAPE HENRY 7 LIGHTHOUSE 8 9 WHEREAS, the Cape Henry Lighthouse ("Lighthouse") was completed in 1792 10 as the first public works project funded by the federal government; and 11 12 WHEREAS, the United States government transferred ownership of the 13 Lighthouse to the Association for the Preservation of Virginia Antiquities ("Preservation 14 Virginia") in 1930 for the purpose of preserving the Lighthouse and making it available 15 to the public; and 16 17 WHEREAS, the Lighthouse, located at Fort Story, is now a national historic 18 landmark and a highly visible and significant part of Virginia Beach's history; and 19 20 WHEREAS, the City of Virginia Beach ("City") has assisted Preservation Virginia 21 with previous Lighthouse restoration projects; and 22 23 WHEREAS, most recently, in 2019, a $1.1 million project was completed to 24 stabilize the top of the dune and the base of the Lighthouse utilizing four transportation 25 enhancement grants managed by City staff; and 26 27 WHEREAS, Preservation Virginia provided a significant share of the required 28 matching funding for the recent project through an agreement with the City to pay the 29 match in installments; and 30 31 WHEREAS, the Lighthouse is currently in need of extensive restoration work on 32 the tower, including stone repair, mortar repointing, crack repair, and glazing 33 replacement ("Project"); and 34 35 WHEREAS, the City has been awarded a Transportation Alternatives Set-Aside 36 Program allocation in the amount of$1,534,495 for this Project; and 37 38 WHEREAS, the required match is $383,624; and 39 40 WHEREAS, the City and Preservation Virginia wish to enter into an agreement to 41 memorialize their respective obligations; and 42 43 WHEREAS, the proposed agreement requires Preservation Virginia to provide 44 the required match through an initial payment of $8,624 and ten annual installment 45 payments of$37,500; and 46 47 WHEREAS, the Project will provide necessary restoration and preservation to the 48 tower of the Lighthouse. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 That the City Manager hereby is authorized to execute an agreement between 54 the City of Virginia Beach and the Association for the Preservation of Virginia Antiquities 55 for renovations to the Cape Henry Lighthouse in accordance with the Summary of 56 Terms, attached hereto, and other such terms, conditions and modifications as may be 57 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 0 t h day of September, 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4%-k} L-1, J Planning De artmerit City Attorney's Office CA15911 R-1 September 8, 2022 Summary of Terms Agreement Between the City of Virginia Beach and the Association for the Preservation of Virginia Antiquities for Renovations to the Cape Henry Lighthouse Term: Agreement is effective upon execution, and expires in 10 years Responsibilities of the Association for the Preservation of Virginia Antiquities ("Preservation Virginia"): • Provide funding for the Cape Henry Lighthouse Restoration Project ("Project") in the amount of$383,624. • No additional funding required unless a written addendum to this Agreement is executed by the parties. • Project scope shall be based on the City's Transportation Alternatives Set-Aside application. • Review and approve preliminary engineering plans prior to submittal by the City for VDOT review and approval. • Pay the City's annual invoices within thirty days of receipt of said invoice. • Make an initial payment to the City of$8,624 on the effective date of this Agreement. Subsequently, Preservation Virginia will pay the City $37,500 by August 9 of each subsequent calendar year for a period of ten years. • Reimburse the City 100% of all expenditures incurred by the City if cancellation of the Project is initiated by Preservation Virginia during any phase of the work. • If Preservation Virginia elects to cancel the Project, Preservation Virginia shall reimburse VDOT for the total amount of the Project expended by VDOT, and shall repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration. • Responsible for all maintenance, upkeep, and operating costs of the Lighthouse. • Indemnify and hold harmless the City for loss and liability. • Provide insurance, including policy for$1,000,000 combined single limits. Responsibilities of the City: • Coordinate the review and approval of any and all phases of the Project with VDOT. • Department of Planning and Community Development shall serve as the project point of contact with Preservation Virginia. Department of Public Works shall administer the Project agreement with VDOT. • Provide a copy of the Project records to Preservation Virginia at the conclusion of the Project. • Bill Preservation Virginia in the amount of$37,500 by July 10 of 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, and 2032. 68 ITEM— V.K.13 ORDINANCES/RESOLUTIONS ITEM#73297 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH Capital Project#100639, "Cape Henry Lighthouse Restoration," and to ACCEPT and APPROPRIATE funding from the Virginia Department of Transportation (VDOT) and the Association for the Preservation of Virginia Antiquities to Capital Projects #100423, "Traffic Safety Improvements IV,"and#100639 "Cape Henry Lighthouse Restoration" Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 2 #100639, "CAPE HENRY LIGHTHOUSE RESTORATION," 3 AND TO ACCEPT AND APPROPRIATE FUNDING FROM 4 THE VIRGINIA DEPARTMENT OF TRANSPORTATION 5 AND THE ASSOCIATION FOR THE PRESERVATION OF 6 VIRGINIA ANTIQUITIES 7 8 WHEREAS, the Virginia Department of Transportation through the Transportation 9 Alternative Set-Aside Program has awarded the City of Virginia Beach a total funding of 10 $1,813,152 for Capital Project #100423, "Traffic Safety Improvements IV," and a project 11 for restoration of the Cape Henry Lighthouse Restoration; and 12 13 WHEREAS, the Planning Department has proposed entry into an agreement with 14 the Association for the Preservation of Virginia Antiquities, and this agreement will provide 15 the $383,624 local match for the Cape Henry Lighthouse Restoration; 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1. Capital Project #100639, "Cape Henry Lighthouse Restoration," is hereby 21 established in the Economic and Tourism Development Section of the Capital 22 Improvement Program. 23 24 2. A total of $1,813,152 is hereby accepted from the Virginia Department of 25 Transportation and appropriated, with federal revenues increased accordingly, 26 as follows: 27 - Capital Project #100423, "Traffic Safety Improvements IV," — $278,657 28 - Capital Project #100639, "Cape Henry Lighthouse Restoration," — 29 $1,534,495. 30 31 3. $383,624 is hereby accepted from the Association for the Preservation of 32 Virginia Antiquities and appropriated, with revenue increased accordingly, to 33 Capital Project #100639, "Cape Henry Lighthouse Restoration." 34 35 4. The City Manager is authorized to execute a project administration agreement 36 and other documents necessary or required by the Virginia Department of 37 Transportation for the prosecution of the Cape Henry Lighthouse Restoration 38 Project. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 0 t h day of September , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: #efj.A), eibriv44-`.,r Budget and Management Services C' 's ice CA15913 R-2 September 7, 2022 69 ITEM— V.K.14 ORDINANCES/RESOLUTIONS ITEM#73298 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution to REQUEST the Virginia Department of Transportation(VDOT)to ESTABLISH Capital Projects#100548, "Pungo Ferry Road Improvements"and#100602, "West Neck Creek Bridge" and to AUTHORIZE the City Manager to enter into any necessary agreements for project development Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent. Aaron R. Rouse September 20, 2022 1 A RESOLUTION TO REQUEST THAT THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ESTABLISH PROJECTS 3 FOR CAPITAL PROJECT 100548 "PUNGO FERRY ROAD 4 IMPROVEMENTS" AND CAPITAL PROJECT 100602 "WEST 5 NECK CREEK BRIDGE" AND AUTHORIZE THE CITY MANAGER 6 TO ENTER INTO ANY NECESSARY AGREEMENTS FOR 7 PROJECT DEVELOPMENT. 8 9 WHEREAS, the Virginia Department of Transportation (VDOT) requires a locality 10 to submit a formal resolution requesting the establishment of a new stand-alone project in 11 VDOT's Six Year Improvement Plan (SYIP) allowing VDOT to provide oversight on a 12 locally funded project; 13 14 WHEREAS, Capital Projects 100548 "Pungo Ferry Road Improvements" and 15 100602 "West Neck Creek Bridge" are active locally funded projects in the Flood 16 Protection Program within the City's Capital Improvement Program; 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA, THAT: 20 21 1 . The City of Virginia Beach hereby requests the Virginia Department of 22 Transportation to establish stand-alone projects for the improvements of Pungo 23 Ferry Road and the West Neck Creek Bridge in VDOT's Six Year Improvement 24 Plan; and 25 26 2. The City Manager is authorized to apply for funds and execute project 27 administration agreements, as well as other documents necessary for 28 approved projects required by VDOT or other governmental agencies. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of September , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services it orn 's ice CA15907 R-1 September 6, 2022 70 ITEM— V.K.15 ORDINANCES/RESOLUTIONS ITEM#73299 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Tonya Milling, 2147 Stables Mill Road, Richmond, Phone: 804-649-8481, spoke in OPPOSITION Teri Morgan, 1100 Bank Street, Richmond, Phone: 804-475-1461, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Branch, City Council ADOPTED Resolution to DECLARE 2016, 2020, 2036 Princess Anne Road to be a Revitalization Area re qualify for Virginia Housing Financing Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse Council Member Berlucchi requested Teri Morgan's letter of opposition be included in the Minutes, attached hereto and made a part of the record. September 20, 2022 1 A RESOLUTION DECLARING 2016, 2020, AND 2036 2 PRINCESS ANNE ROAD TO BE A REVITALIZATION 3 AREA IN ORDER TO QUALIFY FOR VIRGINIA 4 HOUSING FINANCING 5 6 WHEREAS, pursuant to Section 36-55.30:2(A) of the Code of Virginia, the City 7 Council of the City of Virginia Beach, Virginia, desires to designate an area as shown on 8 Exhibit A attached hereto with a street address of 2016, 2020, and 2036 Princess Anne 9 Road, which have four associated GPINs: 2413-19-9845-0000; 2413-19-1792-0000; 10 2413-19-6111-0000; and 2413-09-8432-0000 (the "Area") as a revitalization area; 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA, THAT: 14 15 1. The Council makes the following determinations: 16 17 a. The industrial, commercial or other economic development of the Area will benefit 18 the City, but the Area lacks the housing needed to induce manufacturing, 19 industrial, commercial, governmental, educational, entertainment, community 20 development, healthcare or nonprofit enterprises or undertakings to locate or 21 remain in the Area; and 22 23 b. Private enterprises and investment are not reasonably expected, without 24 assistance, to produce the construction or rehabilitation of decent, safe and 25 sanitary housing and supporting facilities that will meet the needs to low- and 26 moderate-income persons and families in the Area and will induce other persons 27 and families to live within the Area and thereby create a desirable economic mix 28 of residents in the Area. 29 30 2. Pursuant to § 36-55.30:2(A)of the Code of Virginia, the Area is hereby designated 31 as a revitalization area. Adopted by the Council of the City of Virginia Beach, Virginia on the 20 t h day of September , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Housing and Neighborhood Ci o y's Office Preservation CA15919 R-3 September 14, 2022 Exhibit A—Vanguard Landing,Inc. Princess Anne Road > r � S417'404' tii* A gilt 4ivA ii4ir -‘,-)---- .- : 7 Li ..„-.. -,!... 111, 111110' CI itiliow 0 4ial ,... $ ' — lito ,_111111(wie. ,ish up_ in ,*% .- 111 Ili I i i 4 i , r, *.11 Ilia - BF 4p,(41 \ 44 1 1110 4kitiP lk "0 4 to --•ife 4 / 94 if - 1 .,..,* , -N, 4,, .• ttf/ R Y ., PIP ' A* le W*/ .sit ....Jr/ 0 !, f- 0 "1i. Location Map and Site Layout-GPINs 2413-09-8432,2413-19-6111,2413-19-1792,2413-19-9845 r On f r:lr1S .�`ii1 �.::�� singuamuousc fl, i o, f..,„scs\: t... s♦ `` y CO) i� aSI ;1 : f��' i • - ,,� i '-U __ ... .'t ; is Q. �; 1 i , . 3,. ,_ 1 •••••• {// .♦ XL cu .. , -1 • i I la M in NJe I! 'n r Z _7 �. S! XD w • _ Lott k A rc.,J 1 '"-/ _IT. ilk 7 is w Er— / i' t1 �� l V C'C"iT-- ` iV u., 1 ' . ii f ` ;2'3.'- 70 ,. � 4 ; 40 : a }ri t y as IV I il till i i ildrin 1 . 1 _... I•A 'f it'll 1''l .. I iii I I "IT I WI.SINEW 11111•1•19 90•••••••••••••• k - ‘. ! , WI , KJ ►F __.-- NI t X. `° -.' _ • • all I Ail 1 -.'F..•.'1....141.1111111c ...+- . YC5.0 g 9 AC:. i .op .ww -•-•Mr i..ii � .... ! ..� i 6/15/21 Good Morning Members of the Virginia Beach Development Authority— My name is Teri Morgan and I am the Executive Director of the Virginia Board for People with Disabilities. I appreciate the opportunity to provide comment on Vanguard Landing—a proposed 185 bed residential and day services development for individuals with intellectual and developmental disabilities. As the Commonwealth works to improve integrated, community-based options for people with disabilities, decisions about development, funding and zoning must reinforce the Commonwealth's commitment to true integration and inclusion. According to the Vanguard Landing website, 185 people with disabilities will live, work and recreate within its confines. At a time when the Commonwealth has closed all but one of the state operated training centers, which were found by the Department of Justice to violate the Americans with Disabilities Act, this type of development is concerning and raises red flags. However well-intentioned, disability-specific campus settings, like the one proposed by Vanguard Landing, are next-generation models of segregated services. As I mentioned, there are a number of red flags that are indicators of segregation. Such as, • A 185 bed campus where the people living there will be primarily people with disabilities. • The people who live at Vanguard Landing will receive multiple services including residential, day services, and social and recreational activities within the campus. People with disabilities will by default be isolated from the broader community. • Vanguard Landing promotes Medicaid waivers as a source of funding for potential residents. Medicaid waiver funding is reserved only for settings where the individual has the same access to work, shop, socialize, volunteer and receive services in the broader community as people without disabilities. Having all of these opportunities occur within the Vanguard Landing community itself, is not community integration and does not represent access to the greater community to the same degree as people without disabilities. This is concerning and the ability to receive waiver funding is questionable. • Vanguard landing's website references what is called reverse integration. Reverse integration occurs when a facility or intentional community serving individuals with disabilities invites the general public to join or engage in the activities offered within the community. While opening the doors to others without disabilities is positive, it is not in and of itself integration according to the Centers for Medicare and Medicaid Services. 6/15/21 Increased segregation of people with disabilities is contrary to the progress made by both the Commonwealth and the nation. It is not consistent with the community integration mandate of the Americans with Disabilities Act, the Supreme Court's Olmstead Decision, and Virginia's Settlement Agreement with the U.S. Department of Justice. Public dollars should not be used in support of this initiative, which contradicts state and federal policy to promote full integration and inclusion for people with disabilities. The red flags are concerning indicators of segregation and Vanguard Landing is not a good investment of tax payer resources. 71 ITEM— V.K.16 ORDINANCES/RESOLUTIONS ITEM#73300 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of city owned property known as Blue Gill Inlet a/k/a 352 Tuna Lane and a 5' drainage and utility easement, all located at the rear of 2789 Sandpiper Road re construct and maintain a walkway, wood dock,gangway,floating dock, and bulkhead with two (2) returns and maintain an existing inground pool Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N. D. "Rocky"Holcomb,Delceno C. Miles,John D. Moss, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS BLUE GILL 7 INLET A/K/A 352 TUNA LANE, AND A 5' 8 DRAINAGE AND UTILITY EASEMENT, 9 LOCATED AT THE REAR OF 2789 10 SANDPIPER ROAD 11 12 WHEREAS, William F. Dingler, Jr. and Mary E. Dingler(the "Dinglers") have 13 requested permission to construct and maintain a 4' x 10'8"walkway, 10' x 20' wood dock, 14 10'6"x 3' gangway, 12' x 6' floating dock, and 79'6" bulkhead with two (2)6' returns, and to 15 maintain an existing inground pool surrounded by concrete (collectively, the 16 "Encroachments") within the City's property known as Blue Gill Inlet a/k/a 352 Tuna Lane 17 (GPIN: 2433-27-3415), and an 5' existing drainage and utility easement, located at the rear 18 of the Dinglers' property at 2789 Sandpiper Road (GPIN: 2433-26-7911 and 2433-26- 19 6950); and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 23 the City's property and easements subject to such terms and conditions as Council may 24 prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Dinglers,their heirs, assigns 31 and successors in title are authorized to construct and maintain the Encroachments within 32 the City's property and easements as shown on the map entitled: "EXHIBIT 'A' 33 ENCROACHMENT REQUEST FOR: BULKHEAD, WALKWAY RAMP, FIXED DOCK, 34 GANGWAY, FLOATING DOCK, WATERWAY: BLUEGILL INLET FOR: WILLIAM F. 35 DINGLER, JR. & MARY E. DINGLER LOT 69, SANDBRIDGE BEACH, SECTION 2 GPIN: 36 2433-26-7911 MB 38 P 53," having a Scale of 1" = 30', dated June 14, 2022, and prepared 37 by Sigma Environmental Services, Inc., a copy of which is attached hereto as Exhibit A, 38 and on file in the Department of Public Works and to which reference is made for a more 39 particular description; 40 41 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 42 to those terms, conditions and criteria contained in the agreement between the City of 43 Virginia Beach and the Dinglers(the "Agreement"), an unexecuted copy of which has been 44 presented to the Council in its agenda, and will be recorded among the records of the 45 Clerk's Office of the Circuit Court of the City of Virginia Beach; 46 47 BE IT FURTHER ORDAINED, that the City Manager or his authorized 48 designee is hereby authorized to execute the Agreement; and 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 51 such time as the Dinglers and the City Manager or his authorized designee execute the 52 Agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th 55 day of September , 2022 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: '171ki P ( 2 , ' tz--- 7,4, .-1,,(4;i,%__ P BUIC WOnKS, REAL ESTATE c,v DAN . HARIVIEYER SENI R CITY ATTORNEY CA15622 R-1 Prepared: 08/15/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d015\p043\00824432.doc PLAN VIEW SCALE: 1" = 30' MP38P53 -► WATERWAY WIDTH N/F CITY OF VIRGINIA BEACH BLUEGILL INLET MHW-MHW APPROX.90' BLUEGILL INLET AKA 352 TUNA LANE GPIN 2433273415 MB 103 P 24 INSTR.#20070522000686140 18 5, GANGWAY ,FLOOD _ 20' �.10'6� 12'' FLOATING DOCK /EBB 10' Sie(- )�. 1� 1��r, •—�i.._._._._._.- MLW r _ Ff)(;F OF PHRAC MlTFC MARCH -� - 3' —20'~ --- -20'8' = 4'WALKWAY 6' 1 PROPOSED 79'6"BULKHEAD MHW WITH TWO(2)6'RETURNS 10'TELEPHONE LINE EASEMENT MB 78 P 50 10' 10 8 + 2' 1 N 10.48'00"W 80.00' 5, 4 I r T T t N/F WILLIAM F.&MARY E.DINGLER POOL '� — GPIN 2433266950 N. 7 DRAINAGE&UTILITY EASEMENT DB 3378,P 1492(PLAT) -- ' INSTR.#202103033802 CONCRETE ip Q DECK I -._giii H i •�—WOOD FENCE H DECK ry 3 = 8 E LOT 69 N/F WILLIAM F.&MARY E. DINGLER LOT 68 SANDBRIDGE BEACH, a LOT 70 SECTION 2 TRACT B o N/F ROBERT W.&LINDA.FOX N/F ROBERT S HOBBS =, , ~ SANDBRIDGE BEACH, SANDBRIDGE BEACH, MB 38 P 53 r SECTION 2,TRACT B SECTION 2,TRACT B GPIN 2433 26 7911 - =INSTR.#20130503000512840 , MB 38 P 53 MB 261 P 74 ,_, J ' a GPIN 2433-26-6999 GPIN 2433-26-7844 i o INSTR.#201700092255 INSTR.#199701766204 ; . . • . . • • • • . . • yq,a�j CONCFM• ••••••• _ E` • •.•.•.•DRIVEWAY •.•.•. ,, ? •••••••.••.2•78•9.•- 3'DRAINAGE&UTILITY EASEMENT rt-- 1 , : T. ••-:•_•• - ." • • • ' D MEN '� ..s S 10`48'00"E 80.00' �:C). f 260'TO TUNA LANE - i 5 7 3 4 0 ‘_ . 1 4. W / 7 SANDPIPER ROAD (60'R/W) L .ri 4,,,GRAPHIC SCALE 0 10 20 30 MB 38 P 53 `�(4r � T1-511-r1 MATERIALS: :.;:,.,, . BULKHEAD-WOOD PILES,TOP CAP&WHALES SHEETING:-WOOD OR VINYL WALKWAY,DOCK,GANGWAY:-WOOD PILES,FRAMIMG& E SIGMA ENVIRONMENTAL SERVICES, INC. DECKING 1513 SANDBRIDGE ROAD FLOATING DOCK:-VINYL FLOATS,WOOD FRAMING&DECK VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" WATERWAY:BLUEGILL INLET PROJECT:BULKHEAD,WALKWAY RAMP, FOR: WILLIAM F.DINGLER,,IR.& FIXED DOCK,GANGWAY,FLOATING DOCK ENCROACHMENT REQUEST FOR: MARY E.DINGLER BULKHEAD,WALKWAY RAMP,FIXED LOT 69,SANDBRIDGE BEACH,SECTION 2 DOCK,GANGWAY, FLOATING DOCK GPIN:2433-26-7911 MB 38 P 53 DATUM: 0.00'MLW=-1.3'NAVD 1988 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this / q day of , 20ea by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WILLIAM F. DINGLER JR. and MARY E. DINGLER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as Lot "69" and as shown on that certain plat entitled: "TRACT B SECTION 2 SANDBRIDGE BEACH PRINCESS ANNE COUNTY VA," Scale: 1" = 100', dated April 27, 1955, prepared by WB Gallup, County Surveyor, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 38, at page 53, together with the adjacent parcel known as GPIN: 2433-26-6950 as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1A — SOUTH AREA PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA," Scale: 1" = 100', dated February 14, 1966, prepared by Palmer L. Smith C.L.S., which plat is recorded in the aforesaid Clerk's Office in Map Book 72, at page 2, all being further designated and known, and collectively described as 2789 Sandpiper Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a 4' x GPIN: 2433-27-3415 (CITY PROPERTY KNOWN AS BLUE GILL INLET a/k/a 352 TUNA LANE) 2433-26-7911 & 2433-26-6950 (2789 SANDPIPER ROAD) 10'8" walkway, 10' x 20' wood dock, 10'6" x 3' gangway, 12' x 6' floating dock, and 79'6" bulkhead with two (2) 6' returns, and to maintain an existing inground pool and concrete collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a City-owned property known as Bluegill Inlet a/k/a 352 Tuna Lane (GPIN: 2433-27-3415), and a 5' drainage and utility easement, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR: BULKHEAD, WALKWAY RAMP, FIXED DOCK, GANGWAY, FLOATING DOCK, WATERWAY: BLUEGILL INLET FOR: WILLIAM F. DINGLER, JR. & MARY E. DINGLER LOT 69, SANDBRIDGE BEACH, SECTION 2 GPIN: 2433-26-7911 MB 38 P 53," Scale: 1" = 30', dated June 14, 2022, prepared by Sigma Environmental Services, Inc., a copy of which is 2 attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood that any existing encroachment referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachment. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the 4 Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, WILLIAM F. DINGLER, JR. AND MARY E. DINGLER, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 ii:(14;44 J9::/6/- WILLIAM F. DINGLER, JR. .-) 9/6 / 6/4/ ARY DINGLER STATE OF\‘'{(&(\\O"- CITY/COUNTY OF / 4i) t)V K-- , to-wit: The foregoing instrument was acknowledged before me this 91r1y of i !t 4(41.s. , 20; , by William F. Dingier, Jr. and M nit E. 'ngler SEAL) Notary Public 4-\-P1/4.221---7:4, /-<o"\, Notary Registration Number: 2.'j '57 (D ? 'Exw6�� '� -, (oLo � � �t2�� Expire .�, =p :. My Commission Expires: Ji/ •Talt.)-O ay l 7515662 / j V ��RGIN V ''% q R Y r30," �����hrNrUrUu APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM cy j P BL C WORKS/REAL ESTATE frDA A . HARMEYE SENIOR ITY ATTORNEY 7 PLAN VIEW MP38P53 -� SCALE. I" = 30' WATERWAY WIDTH N/F CITY OF VIRGINIA BEACH BLUEGILL INLET MHW-MHW APPROX.90' BLUEGILL INLET AKA 352 TUNA LANE GPIN 2433273415 MB 103 P 24 • INSTR.#20070522000686140 GANGWAY FLOOD j .. 185, 4 20' N410'6"1 12'P /FLOATING DOCK 1 /EBB 0. 10'- D'�C�1— — • -. . ._._._ MLW FnC;F(1F PHRA(;MITFS MARSH - 3' —20'~---`-- -20 8 4'WALKWAY 6' PROPOSED 79'6"BULKHEAD �''- `.� =._._._--.-._._._ V--- MHW WITHTWO(2)6'RETURNS 10'TELEPHONE LINE EASEMENT + I MB78P50 10 10'8" + 2' N 10'48 DO"W 80.OD' 5, 1 N/F WILLIAM F.&MARY E.DINGLER—• ' i POOL f ' GPIN 2433266950 . ; N ` DRAINAGE&UTILITY EASEMENT DB 3378,P 1492(PLAT) -- -1 INSTR.#202103033802 CONCRETE DECK , vu -4---WOOD FENCE a 1 0 ' = DECK 1 3 _ 8 — LOT 69 N/F WILLIAM F.&MARY E. — DINGLER ; LOT 68 I — SANDBRIDGE BEACH, LOT 70 a N/F ROBERT W.&LINDA.FOX E SECTION 2,TRACT B ' o N/F ROBERTS HOBBS 1 ' 1- SANDBRIDGE BEACH, SANDBRIDGE BEACH, ; -- MB 38 P 53 -� SECTION 2,TRACT B GPIN 2433-26-7911 1 SECTION 2,TRACT B , M8 38 P 53 MB 261 P 74 •--�INSTR.#20130503000512840 1 3 GPIN 2433-26-6999 GPIN 2433 26 7844 ; S INSTR.#201700092255 INSTR.#199701766204 ' — -----. , n I • • • • • _ 4 ^ :- •'.CONERErE 1 „r. ' , DRIVEWAY•••••••••• -f }� f'��'�- • • 1 • • a7s9.. ,y w, 1 3'DRAINAGE&UTILITY EASEMENT ro-- . . x eei S i ' S 10'48'DT E 80.00' ' d �:0 *' I 260'TOTUNA LANE t -r5734 4 t ...I 4 SANDPIPER ROAD (60'R/W) - _A.1- - GRAPHIC SCALE D r�l '� rt� 0 10 20 30 MB 38 P 53 `' fYr :1 triSien MATERIALS: ';r •--w-y, BULKHEAD-WOOD PILES,TOP CAP&WHALES SHEETING:-WOOD OR VINYL WALKWAY,DOCK,GANGWAY:-WOOD PILES,FRAMIMG& E SIGMA ENVIRONMENTAL SERVICES, INC. DECKING 1513 SANDBRIDGE ROAD FLOATING DOCK:-VINYL FLOATS,WOOD FRAMING&DECK VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" WATERWAY:BLUEGILL INLET PROJECT:BULKHEAD,WALKWAY RAMP, FOR: WILLIAM F.DINGLER,JR.& FIXED DOCK,GANGWAY,FLOATING DOCK ENCROACHMENT REQUEST FOR: MARY E.DINGLER BULKHEAD,WALKWAY RAMP,FIXED LOT 69,SANDBRIDGE BEACH,SECTION 2 DOCK,GANGWAY,FLOATING DOCK GPIN:2433-26-7911 MB 38 P 53 DATUM: 0.00'MLW=-1.3'NAVD 1988 72 ITEM— V.K.17 ORDINANCES/RESOLUTIONS ITEM#73301 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of city rights-of-way known as 20t Street, Baltic Avenue and Arctic Avenue for the Atlantic Park development project re A) construct and maintain a concrete patio and landscaping retaining wall, concrete steps and a concrete ramp along 20`"Street,B)concrete steps,concrete landscape retaining wall and patio,and concrete steps along Baltic Avenue, C) concrete 2"d story balcony along Arctic Avenue Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse *COUNCIL MEMBER TOWER FILED A DISCLOSURE September 20, 2022 GIviA BEAc - City of Virginia Beach rt lett- q v f7p OUR NASDS VBg)V.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH Refer to File No.: 0078498 September 20, 2022 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the ordinance to authorize temporary encroachments into portions of City rights-of-way known as 20th Street, Baltic Avenue, and Arctic Avenue for the Atlantic Park Development Project. 2. The applicant disclosed that Kaufman & Canoles is its legal services provider. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 211 43r°STREET,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Amanda Barnes -2- September 20, 2022 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. S' ce ely, 42, Guy K. Tower Councilmember GKT/RRI 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO PORTIONS OF CITY 5 RIGHTS-OF-WAY KNOWN AS 20th STREET, BALTIC 6 AVENUE AND ARCTIC AVENUE FOR THE ATLANTIC 7 PARK DEVELOPMENT PROJECT. 8 9 WHEREAS, as a part of the Atlantic Park development project, Atlantic Park, Inc., a 10 Virginia corporation, and the City of Virginia Beach Development Authority(collectively, the 11 "Applicants") have requested permission to construct and maintain the following temporary 12 encroachments into portions of City rights-of-way (the "Temporary Encroachments") 13 (dimensions represent furthest points of encroachment): 14 15 (A) a 27.6' x 1.5' (39 sq. ft.) concrete patio and 3' tall landscaping retaining 16 wall, 9' x 13.4' (72 sq. ft.) concrete steps and 27.2' x 4.5' (98 sq. ft.) concrete 17 ramp along 20th Street; 18 19 (B) 7.6' x 3' (23 sq. ft.) concrete steps, 3.1' x 3' (9 sq. ft.) concrete steps, 20 32.2' x 3' (98 sq. ft.) concrete landscape 2.5' tall retaining wall and patio and 21 9.3' x 3' (23 sq. ft.) concrete steps along Baltic Avenue; and 22 23 (C) 36.1' x 5.9' (131 sq. ft.) concrete 2nd story balcony 16'1" above ground 24 level along Arctic Avenue. 25 26 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 27 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 28 City's rights-of-way subject to such terms and conditions as Council may prescribe. 29 30 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 34 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, assigns 35 and successors in title are authorized to construct and maintain the Encroachments within 36 the City's rights-of-way as shown on the exhibit map entitled: "EXHIBIT A SHOWING 37 PROPOSED ENCROACHMENTS FOR ATLANTIC PARK, INC. PROPOSED SITE 38 VIRGINIA BEACH, VIRGINIA", dated August 29, 2022, revised through September 7, 39 2022, a copy of which is attached hereto as Exhibit A, and on file in the Department of 40 Public Works and to which reference is made for a more particular description; 41 42 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject to 43 those terms, conditions and criteria contained in the agreement between the City of Virginia 44 Beach and the Applicants (the "Agreement"), an unexecuted copy of which has been 45 presented to the Council in its agenda, and will be recorded among the records of the 46 Clerk's Office of the Circuit Court of the City of Virginia Beach; 47 48 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 49 hereby authorized to execute the Agreement; and 50 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 52 time as the Applicants and the City Manager or his authorized designee execute the 53 Agreement. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the loth day of 56 September 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BL WORK , REAL ESTATE CITY ATTORNEY CA15801 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d006\p039\00829194.doc R-1 September 8, 2022 EXHIBIT A (Page 1 of 4) a e ...\\-----__' al �. ., � :~_: _ ,,,,„0 20TH STREET (80' PUBLIC R/W) 1 04 c(?M.B. 1, PG. 20b) o. 39 SF CONCRETE 72 SF 98 SF PATIO AND i CONCRETE CONCRETE 3.0' TALL STEPS RAMP • LANDSCAPING R 1 b IN , __ � I r--( � O OEOAIOING WOL Yf ,• I I Ili ° `� ::: 7.8.7 F 17.2 5N007s.ros00;58"E G21.7' • a s 4•Wm i i� a � r' 12.8'i *---27.6' _mil 26 '6 13.4' 27.2' s=-"-o.' T i 1 k t tita Z 8 r-, , :' EXISTING RiW i� „,. ,.-4:, PROPOSED R/W b °1 IJJ 111> I :$ `' N13.59'02"w f�ROPOSED UNDERGROUND '� 25.00 ; G OUND R/W � ! I 1 : CITY OF VIRGINIA BEACHI I�-�y T AUTHORITY 4i .(-- DEl/ELOPMEN �NORTH ILDIt.G 0.f• r U RI I II \ -— li— IN 20190212000114390 ,/ ' i r- __ no ,k1 , N LOT 18 -�, LOT 16 ril — — - 7— —9941 oo tiii LOT 20 1 2427 07 8889 Q.7 Cii) �4�= • - \2427-07-8848 04 T$ 0p / + Ce ' cl6 W , i,, i' . .: .A,- 0 4 p ' . . . ,--- ,,, 0 1 4 / S-6.-,- } I - -. �° i 1 \\ Mill. 1I _ \ 1 • i „e I3a. a NOTE:PROPOSED RN LINE AND PROPOSED UNDERGROUND QUA Qa. 4e RIW LINE ARE CONTINGENT ON FINALIZATION OF STREET 0 10' 20' % CLOSURES. 1111.11 JONAL ��� EXHIBIT KimIey> Horn PROPOSED ENCROACHMENTS FOR 4525 MAN sir.SUM moo. BEACH.VA 23462 ATLANTIC PARK, INC. PHONE 75'-21300 SVMAIKEY—HORN.COM PROPOSED SITE PROJECT#116607010 SHEET 1 OF 4 VIRGINIA BEACH,VIRGINIA AUGUST 29,2022 REVISED 9/7/22 SCALE: 1"=20' EXHIBIT A (Page 2 of 4) 1 b /. ?"!iitiL .,7777: —:. . -.7,Limajiminiji, .. g ' - - 1' - ,,, LOT 3 :0 ; ° i EXISTING R/W '1,• >r- 2427-07-3634 r i • � I to , ' 23 SF CONCRETE STEPS, 1 0 . , -;:F _ 9 SF CONCRETE STEPS I1 ! D 3'..:•e ' , - =- CITY OF VIP %N/A BE 1$.11 ACH Rtr,iilli DEVELOPMENT AUTHOR/TY n I �1 1 •.cv�... _a..a i 6 4' :;7.6c , r II,:r*", : (M.B. 8, PG. 5) i ".=k r, v ! •t.,III 5.6' ]8.4' IN 20190014,30 _ ' "``�'- `Tj"$NORTHWEST BUILDING �i 98 SF CONCRETE `4- O m =T!Ur LANDSCAPE 2.5' TALL 0 - I 1 RETAINING WALL p o A. Pi ' ' } AND PATIO _1 I 32.2' 4 r- 1 LOT 1 B LOT 1 A N a •1 i 14. . 1 3. [ .� 2427-07-3536— 2427-07-3660 '�, ,, 23 SF CONCRETE 3DC 9 4 _! i STEPS N V= a i 9.3' ;�``�- _ --, - s L. -_ --- � - 1 �,558.20'37"E. =. _ ..4.. ' : ,.,a.._ <, r�o jr 1 • , , , -- u 95.60' g�'-:PROPOSED R/W I , i_ , 4 r r•-� i y!T=�'� .,:1 --.1 fit_. =- - • '44:::: � .,- 4. • \ lir: 4:27.4' _ F_'J < - 0 - --- . ...... ._ _ . : 4 ... ____A / 01jTR .__.- r P maw O EXISTING R/W UDAVID B. D liil / . a I 9 H STREET iii. Ito wI 4�8 �,�4 (80 PUBLIC R/W) �� eIOWAL $ • t (M.B. 1, PG. 208)• C "R;:Z.s, 887�Nsow.-,`,4;vE ONE NOTE:PROPOSED RAN LINE AND PROPOSED UNDERGROUND 0 1 0' 20' RM(LINE ARE CONTINGENT ON FINALIZATION OF STREET I CLOSURES. EXHIBIT A SHOWING Kimley > PROPOSEDENCROACHMENTS FOR 4525 MAIN STREET.GATE 1000,VIRGINIA BEACH,VA 23452 PHONE:757-213-8600 ATLANTICPARK, INC. """"°""-E"-HORN°°" PROPOSED SITE PROJECT# 116607010 SHEET 2 OF 4 VIRGIMABEAN,VIRGINIA AUGUST 29,2022 REVISED 9/7/22 SCALE: 1"=20' EXHIBIT A (Page 3 of 4) -_. - .-- A\ I1 ° L Q• I I‹ 1 z • H ,,r„_ PROPOSED UNDERGROUND R/W t LOT 16 ' ,Itiiii1 ; I "I — , . a N I PROPOSED R/W ,� ! _h 2427-07-,7723 �-1;Tk ; i ram:. L,— - _ _ .3! 11 I 1! 1 EXISTING -R/W NORTHWEST BUILDING w ''1I7-7--- '-.14 '''' i .'177 -?! CITY OF V/ G/N/A Br. EACH I 4 ' `' DEVELOPMENT AUTHORITY J to M.B. 8, PG. 5) t IN 2019021 Z0001 4390 \ , LU r LOT 15 °.) 2427-07-7639 131 SF iv w ;. CONCRETE n BLOCK 2ND STORY Z BALCONY -...15'J 36.1' D ., (SEE SECTION LLI _ , - - - -" ON SHEET 4) LOT 14 I 2427�07-7 645 _ ..._A___ _ „.„ �F ct,I C _, , ______ ______ .,.. .,,,_,_, ......_._... ,, ,. ., . ,. , u „. EXISTING R/W =_ -— 1 c 24.8' NM •� la -• Cd ,/ 2°• . v---_____;____-----73' IL C2) ./; � � �7 p�'rf�p � �n�� � � � ten+ � � `• � J, eop V.AO lig IeS 19TH STREET (80' PUBLIC R/W) M.B. 1, PG. 208 '. i 7ATF P rip')Er:— ,4),a,TH op t. GIN � I -, 04 A / Ss -SS SS `4' / 11 B. 1 "4" 1-- -_ -.0 Lia.710. NOTE:PROPOSED R/W LINE AND PROPOSED UNDERGROUND 0 10' 201 R/W LINE ARE CONTINGENT ON FINALIZATION OF STREET CLOSURES. EXHIBIT SHOWING Kimley>>*lorn PROPOSEDENCROACHMENTS FOR 4525 MAIN SEE,,SUITE 1000.VIRGIN VIRGINIA BEACH,VA 23462 PHONE: 757-213-0600 ATLANTIC PARK, INC. . �-HORN. 1 PROJECT# 116607010 PROPOSED SITE SHEET 3 OF 4 VIRGIMABEACH,VIRGINIA AUGUST 29, 2022 REVISED 9/7/22 SCALE: 1"-20' EXHIBIT A (Page 4 of 4) RESIDENTIAL OUTDOOR AMENITY -- 42'LAMINATED GLASS TERRACE GUARDRAIL SYSTEM (FOR RESIDENCE AND RESIDB4CE GUEST ONLY) ►e PLANT MATERIAL go rr EL V vT, q ti. . :; fit:?'•.!, b .." .' b•,•.•; ; .. •• ..';4.;';''.:•4• I VARIES 17:105-101Q' 3 Is :r COMMERCIAL d 1 NWC122 g 1 LPROP LINE A �_ EL.11'�-9 _ •• i , 1 LEVELSr ii— =1 1=l 11=111=! = 1-; 11=1 i 1=1 11=1 I I-1 I I—.1 I I= I —I t I-1,1 I l l—i I i—i I I—I i,-1 i 1-1 I •-1 1 1— III 1— PROJECTN' 20190478 I I 09/07/22 I ARCH SKETCH-SOUTHEAST CORNER PROPERTY LINE OVERHANG 4ot.TH op k o� �p 4. / S o oDAVID B. D.' .. • I1a, a 2299 a 6.B:ORAL S cC EXHIBIT A SHOWING Kimley >)Horn PROPOSEDENCROACHMENTS FOR 4525 YAM STREET,SUM 1000,'AitaNIA BEAal,VA 23462 PHONE: 757-Z13-0600 ATLANTICPARK, INC. MM'A'.KMIXT-HM.GOM PROPOSED SITE PROJECT# 116607010 SHEET 4 OF 4 VIRGINIA BEACH,VIRGINIA AUGUST 29,2022 REVISED 917/22 SCALE: 1"=20' PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of , 20 , by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, herein referred to as "City" (Grantor for recording purposes), and ATLANTIC PARK, INC., a Virginia corporation, herein referred to as "Developer" (Grantee for recording purposes), ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, and the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia, herein referred to as "VBDA" (Grantee for recording purposes). WITNESSETH: WHEREAS, the VBDA is the owner of that certain lot, tract, or parcel of land designated and described as Lots 1-20, Block 40, as shown on that certain plat entitled: "VIRGINIA BEACH", dated April 1901 , which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Map Book 1 , at page 20B, and also shown on that certain plat entitled: "PLAT SHOWING RIGHT-OF-WAY TO BE ESTABLISHED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FOR 19TH STREET CORRIDOR IMPROVEMENTS CIP 9-069 VIRGINIA BEACH, VIRGINIA", prepared by Rouse-Sirine Associates, Ltd, dated July 29, 2007, which plat is recorded in the Clerk's Office as Instrument Number 20080611000691110. GPINs: CITY RIGHTS-OF-WAY KNOWN AS BALTIC AVENUE, ARCTIC AVENUE & 20TH STREET (NO GPINs) 2427-17-0853 (1900 PACIFIC AVENUE) 2427-07-3536 (419 19TH STREET) 2727-07-7707 (1917 ARCTIC AVENUE) WHEREAS, the VBDA is the owner of those certain lots, tracts, or parcels of land designated and described as Lots 1-26, Block D, as shown on that certain plat entitled: "PROPERTY OF VIRGINIA BEACH PARK CORP., VIRGINIA BEACH, VA", prepared by J.F. Benson, C.E., dated February 1927, which plat is recorded in the Clerk's Office in Map Book 8, at page 5, and also shown on that certain plat entitled: "PLAT OF BLOCK `D' — MAP OF VA BEACH" SHOWING RELOCATION OF ALLEY", which plat is recorded in the Clerk's Office in Map Book 13, at page 64; WHEREAS, as set forth in that certain Development Agreement between the VBDA and Developer, dated December 23, 2019, as amended, the Developer is constructing a multi-facility, mixed-use development on the above-referenced parcels of land (the "Project"). As a part of the Project, the Developer proposes to construct and maintain a 27.6' x 1.5' (39 sq. ft.) concrete patio and 3' tall landscaping retaining wall, 9' x 13.4' (72 sq. ft.) concrete steps, 27.2' x 4.5' (98 sq. ft.) concrete ramp, 7.6' x 3' (23 sq. ft.) concrete steps, 3.1' x 3' (9 sq. ft.) concrete steps, 32.2' x 3' (98 sq. ft.) concrete landscape 2.5' tall retaining wall and patio, 9.3' x 3' (23 sq. ft.) concrete steps, and 36.1' x 5.9' (131 sq. ft.) concrete 2nd story balcony 16'1" above ground level, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Developer encroach into portions of City rights- of-way known as Baltic Avenue, Arctic Avenue, and 20th Street, the collectively, "Encroachment Area"; and WHEREAS, the Developer and the VBDA have requested that the City permit the Temporary Encroachment within the Encroachment Area. ' All dimensions represent furthest point of encroachment. 2 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Developer and the VBDA, and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Developer permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A SHOWING PROPOSED ENCROACHMENTS FOR ATLANTIC PARK, INC. PROPOSED SITE VIRGINIA BEACH, VIRGINIA", having a Scale of 1" = 20', dated August 29, 2022, revised through September 7, 2022, and prepared by Kimley-Horn, consisting of four (4) sheets, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Developer to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Developer shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Developer, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Developer; and that the Developer will bear all costs and expenses of such removal. 3 It is further expressly understood and agreed that the Developer shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Developer agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Developer must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Developer agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Developer must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of 4 the Developer and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Developer must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Developer must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Developer will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Developer assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Developer shall connect with sanitary sewer facilities only when they become available, within the time stipulated by the City and that plans must be submitted to the Department of Public Utilities for review. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 5 It is further expressly understood and agreed that the Developer must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Developer, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Developer to remove the Temporary Encroachment; and pending such removal, the City may charge the Developer for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Developer; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Atlantic Park, Inc. has caused this Agreement to be executed in its corporate name and on its behalf by Michael A. Culpepper, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. Further, that the City of Virginia 6 Beach Development Authority has caused this Agreement to be executed in its name and on its behalf by its Chair or Vice Chair. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 7 CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: (SEAL) City Manager/ Authorized (SEAL) Designee of the City Manager ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of _, 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY Pu lic orks/R al Estate City Attorney 8 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia By: (SEAL) ATTEST: Chair/Vice Chair Secretary/Assistant Secretary STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CHAIR I VICE CHAIR OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , SECRETARY / ASSISTANT SECRETARY OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENT; APPROVED AS TO LEGAL SUFFICIENCY d.//k4,' Ec omic evelopment City Att rney 9 ATLANTIC PARK, INC., a Virginia corporation By: A/(4.- (SEAL) Michael A. Culpepper, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this9).t‘f\ day of SQ,ptQAU14, 2022, by Michael A. Culpepper, President of Atlantic Park, Inc., a Stock Corporation. k\iu.Kte-AA (SEAL) Notary Public Notary Registration Number: COO My Commission Expires: 0 202(0 Hunter Marie Kieran NOTARY PUBLIC ConxnorwvsaMh of Virginia Reg.#8011887 My Cormissk n Expires 05/31/2028 10 EXHIBIT A (Page 1 of 4) • ., 7 , \r 4 c z , ,,,„ e .J, Hi ` . : , \ < T ,4 .~ �` -! or-- _ .- _ LgogiAl 20TH STREET 7%3 1 1 (80' PUBLIC R/W)- _ a144 licN.B. 1, PG. 20b) I 39 SF CONCRETE _ I 72 SF 98 SF PATIO AND I I CONCRETE CONCRETE 3.0' TALL MB 1 Iw STEPS RAMP LANDSCAPING r. ,.w_i____i,,, RETAINING WALL' �—=r-� =� N76'09'58"E O 0 O O c 0 '° .f n r< e r - ` . G - Q r 7 6 g 1 7.2 500.00' c C 21.7 c 1 8 * — v `� , e Q � ��i G 1.5 m. - //:, ., , mu ...L - '~ 1. """wani0 1 v-- - - �,�g 4.5 117 — -- I 12.8'i.ILI 27.6'_ iwo 26.6', 13.4' W27.2' `' ,r_- Y . �4 T i I k k ..-,.,: Z8. I EXISTING R/W , A PROPOSED R/W ICIla I N13'S0'02"W I ROPOSED UNDERGROUND R/W {'. k+ ' i � . 25.00 : I r..____% �-______? CITY OF VIRGINIA BEACH r DEVELOPMENTAUTHOR/TY V% -.-' NORTH BUILDI G -IPip,i, ct-; ,,i M.B. 1, PG. 20b) IN 20 1 902 12000 1 1 4390fi ' ' 1 IIIIIIIIIIIIIIIIII LOT 18 LOT 16 11 m LOT 20 I 2427-07-8889 1 A 7-07-.9941 ti) El...''.-:* 11 .---1 2427-07-8848 gg0+-,po '0',i Hi, . - r...,N, 1 A Ar / S lig \,....;\._., ,. , -N. ti y,R a sr o,4 '4 ; uDAYID B. D 10111(1- I I ..,1!!1 111" i ', , Lie. W 2299 at NOTE:PROPOSED RN/LINE AND PROPOSED UNDERGROUND A 4? R/W LINE ARE CONTINGENT ON FINALIZATION OF STREET 0 1 0' 20' CLOSURES. 11,�fONAL s- 46 EXHIBIT A Kimley SHOWING * Horn PROPOSED ENCROACHMENTS FOR 4525 UAW STREET.SUITE,000.WOW BEAa.VA 23462 ATLANTIC PARK, INC. `HG "'-213-0600 .... PROPOSED SITE PROJECT#116607010 SHEET I OF 4 VIRGINIA BEACH,VIRGINIA AUGUST 29,2022 REVISED 9/7/22 SCALE: 1"=20' EXHIBIT A (Page 2 of 4) / fl o o ?� , ., �; LOT 3 K) i' . EXISTING R/W m' • 2427-07_ 3634 r ' a '` r7 ` # 23 SF CONCRETE STEPS'• '' . - ;_I ! -- : isl: : 1 IIII :. �..FLOCK AR A D .......,......„ ,1 : , . _f- _ 9 SF CONCRETE STEPS 0 3'. ; -;1 , CITY OF VIP' IN/ BEACH c `Ni ,eiir. DEVE:LOPMEIVTAUTHORITY`7.6iii' , -..!' 7(M.B. 8, PG. 5) i 5.6' 8-4's 2 /N 20190212000114,390 "` 'NORTHWEST BUILDING r` 1111 ' 1 :r---) 98 SF CONCRETE 0 • - I LANDSCAPE 2.5' TALL [� .� RETAINING WALL ~o 0 o ' I ' AND PATIO J 1 32.2' "' ccv LOT 1 B - LOT 1 A M 3' aL 'i 2427-07-3536 _ 2427-07-3660 N 1 1 I 1, ' 23 SF CONCRETE SD RIMs .40 -' ; STEPS Nv= 9.3' V. ' 1....,S58'20'37"E - ---�.. mr;::: .::. ;. � _ ii • -, ,, .i95.60' VP PROPOSED R/W II ' " .= TF rr,; ,-_11,,�4 --' 'kzt ...,,iiir .- = � O l'E="1" -- �� ;;:- ,, , J/t ., 1 •. , d , �• - - ______,_ / 1 ib, �, 'T. , s: di7:::-• _____00.:.- _t_-- 1‘.__' ..,,,s,„1.,TH op 1 _rnl lijj...,..._ 1 - 1.%.; i__ ___ ..,-___:_....-- /1:1.4 ,� Py. -41111111MI — i_. -. --- I EXISTING R/W a 1 UDAVID B. D•1.11 - , a ; 19a H STREET -6. �o ii .•� 7QIf440 ' (80' PUBLIC R/W) I 44y� •3s I 1 Cp_,R�4TEgTq V 1O1fAL 0 (M.B. 1, PG. 208) T,,,e � , MARry, NOTE:PROPOSED R/W LINE AND PROPOSED UNDERGROUND 0 1 0' 20' R/W LINE ARE CONTINGENT ON FINAUZATION OF STREET I I CLOSURES. EXHIBIT SHOWING Kimley >)) PROPOSEDENCROACHMENTS FOR 4545 iIAY!STREET,SURE 1000,MANIA BEACH,VA 25462 PMON_757-213-6600 ATLANTICPARK, INC. wvrw.IOIr.FY-14ORN.COW PROPOSED SITE PROJECT# 116607010 SHEET 2 OF 4 VIRGINIA BEACH,wRGINIA AUGUST 29,2022 REVISED 917/22 SCALE: 1"=20' • EXHIBIT A (Page 3 of 4)_ PROPOSED UNDERGROUND R/W" - 1 LOT 16'''E i PROPOSED R W 2427-07-7723 ;ftjjJ lI ,,.- �-- °� / ,, ,R,, _. )__:_...--- -- _ ._� - - EXISTING -R/W , 1 . - I f , rn NORTHWEST BUILDING d - . ' w r1 a== ::-.7:.' f. Pi _ .. 1 ipl , Fi,,. . CITY OF V/ GINIA BEACH \ i1 ,J DEVELOPMENT AUTHORITY -N.B. 8, PG. 5) t IN 201 9021 20001 1 4,590 fl LOT 15 w 1 nilill 2427-07-7639 131 SF CONCRETE \ n BLOCK 2ND STORY ` BALCONY 5'9��` 36.1' - (SEE SECTION _ 1 LLI ON SHEET 4) LOT 14 i �s - .1 --Q j 247-07-7645 - _ 1 , 4 ' -:_-,,,,,:- , IXSNffIIJID 4 — 1 c '\!24. (r)(13(1) N.::8 Q , 1 cpi 0 ' --\\, I9THSTREET , , ,T Io (80' PUBLIC R/W) 34, 404 'p1 M.B. 1 PG. 208) 1 / Id°' w STq�p C ss 1 �Arj.1J a i/ , S SS sea,�eea zoNF L 1 Irv? � -- -1 5Z2:, 24"W D./ 24"w -�,�- �.` 1„ g`14 + ' 4, NOTE:PROPOSED RNV LINE AND PROPOSED UNDERGROUND 0 1 O' 20' 41 % RAN LINE ARE CONTINGENT ON FINALIZATION OF STREET I ,As, OKAL 6 CLOSURES. EXHIBIT A Kimley>>>Horn PROPOSEDENCROACHMENTS FOR 4525 MAIN STREET.SUITE 1000.VIRGNIA KAM y'.23462 PHOVE: 600 ATLANTIC PARK, INC. WNW KIALEY-HORN 757-21RN COM �,,. ,_HORti.CAM PROPOSED SITE PROJECT#116607010 SHEET 3 OF 4 vIRGINIA BEACH,VIRGINIA AUGUST 29, 2022 REVISED 9/7/22 SCALE: 1"=20' EXHIBIT A (Page 4 of 4) RESIDENTIAL OUTDOOR AMENITY 4?LAMINATED GLASS TERRACE Tr: (FOR RESIDENCE A►®RESDENCF _ GUARDRAIL SYSTEM GUEST ONLY) ( PLANT MATERIAL _1:►�.a4'—,'r •,z•�6. -^:�7 .-•.w. .q .7..`y. . ter• v, } \ I VARIES t—Iikil 5-101111 I I. �o I N. � COMMERCIAL NWC 122 I i LPROP4E — — EL 11'_-W _.. .. • ,_ o 11= T T ; T—r r jkyEL t J =1 HI 1 Fl 1•I=1 N.. � 1= I -I I—I 11=1 11= —I 1 f I i 1=1 ! ' —III—I I I I I I—I I I—I I I—I I I—I I I—I I I-I I I—I I I 1 !— PROJECT if 20190478 I I 09/07/22 I ARCH SKETCH-SOUTHEAST CORNER PROPERTY LINE OVERHANG �0,,LTR o�p,1► • / (1 o C.)DAVID B. D I •. I1a, a P.P99 'PO q' 491 Qftz, l, 6/ONAL E49 14 EXHIBIT A SHOWING Kim1eyHorn PROPOSEDENCROACHMENTS FOR 4525 LINN STREET,SUIT[}Do,.NRaNIA BEACH,VA 23462 �.K�- ATLANTIC PARK, INC. �'NN HORN.COM PROPOSED SITE PROJECT# 116607010 SHEET 4 OF 4 VIRGINIA BEACH,wRGINIA AUGUST 29,2022 REVISED 917/22 SCALE: 1"=20' «er..«.,.s.�M« v,«,s.i•no,uo c,,.-s,.ura,az, s..,re.oa mu o3o.:n.,,. .:�v�._a.,v,..a7mo-.tw,ue ran�CAoo�Emiaa�[n>o«*m.,,r Le,on.�ovper,µ,wwwa.,cM.¢1o«.rt-+,e.o7e+aaw ,...er..,,.<<...e...m w......0 w..a•.��.�......,..w,.,.,.�+.;.w�—.vr n....�k...—«.,...e ti..w..-.v.....-was..,.,..�..,..-..a.sm..r.ww„Ana.,..we.nr..r..sur.r�+w--........«.sr.�.....e.n r <..r-..�.-..s=....... A A 9 ma t. D'4 R � . • � �� O 'n m m >a O Qs"I + ;`\r 1 1 , 1 1 , -:_-.-...Il �" ; ? S m i si - — m =m m S ..! 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'ifiii'."-,1�' . ii - e S \ eg ri ,, KMA PROJECT ATLANTIC PARK ADMINISTRATIVE 16D°�t5 _ Kimley ANO_m 20.__o Horn x= D��D�i2D�z = • - PREPARED FOR ENCROACHMENT — As 9aa.1 VENTURE WAVES,LLC EXHIBIT aAw n� -RR W .sa SSW SWEET, 0oa AMNIA...a1 VA A.162 .NOSE 707-213-61100 FAC 737-213-0101 w ala arv-M01aLCOr NRGINIA BEACH VA oce®.T DCD No. MENODNS DAIS BY 73 ITEM— V.K.18 ORDINANCES/RESOLUTIONS ITEM#73302 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED Ordinance to CARRY FORWARD and APPROPRIATE$7,194,674 to the FY 2022-23 Operating Budget re purposes previously approved in FY2021-22 and to APPROPRIATE unused Debt Service to offset use of Public Facility Revenue Bonds Voting: 8-2 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb,Delceno C. Miles, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Guy K. Tower Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $7,194,674 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2021-22 INTO THE FY 4 2022-23 OPERATING BUDGET AND TO APPROPRIATE 5 UNUSED DEBT SERVICE TO OFFSET USE OF PUBLIC 6 FACILITY REVENUE BONDS 7 8 WHEREAS, funding totaling $7,194,674 was unexpended at the close of FY 2021- 9 22 and requires re-appropriation to achieve the purposes for which the funds were 10 included in the FY 2022-23 Operating Budget; and 11 12 WHEREAS, $5,399,212 in unused debt service from the FY 2021-22 can be 13 appropriated as a pay-go transfer to the Capital Improvement Program to reduce the use 14 of Public Facility Revenue Bonds. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1) That $7,194,674 is hereby appropriated in the FY 2022-23 Operating Budget for 20 the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 21 2021-22 Items Requested for Carry Forward into FY 2022-23," with a 22 corresponding increase in specific fund reserve revenue from each respective fund 23 stated therein. 24 25 2) That $5,399,212 is hereby appropriated from fund balance and transferred to the 26 FY 2022-23 Capital Improvement Program with a corresponding reduction of 27 authorized Public Facility Revenue Bonds in the amounts set forth in the 28 attachment entitled "Exhibit B: Reductions in Public Facility Revenue Bonds." Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 o t h day of Sep ember , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 34tt4.141( Budget and Management Services City r y s ice CA15906 R-1 September 8 2022 Exhibit A:FY 2021-22 Items Requested for Carry Forward into FY 2022-23 Department Amount Purpose City Treasurer $14,900 Needed for an RFP for banking services for the City. Funding for furniture,equipment,and supplies for positions added in the FY 2021-22 budget that were not filled during Human Resources $58,893 the fiscal year. Funding to implement a system to accurately track subcontracting data on city projects as recommended by the Finance $327,541 Disparity Study. Cultural Affairs $95,000 Funding for augmented reality systems at Princess Anne County Union Kempsville High School museum and the Francis Land House. Communications $143,002 Funding for redistricting communications and advertising. Commissioner of the Revenue $288,954 Funding for software maintenance for Revenue Billing System. Auditor $3,258 Funding for furniture for the new City Hall unable to be procured during the fiscal year. Public Works $181,534 Funding for the implementation of Masterworks unable to be completed by the close of the fiscal year. Housing and Neighborhood Preservation $400,000 Funding for pilot program to expand housing rehabilitation Housing and Neighborhood Preservation $124,344 Funding for homeless prevention and diversion programs funded through donations and grants for this purpose. Police $119,926 Funding for policy review unable to be expended due to lack of responses to the initial RFP in December 2021. Police $80,000 Funding for police staffing and structure assessment funded by City Council in May 2021. Police $752,695 Funding to complete the installation of body worn cameras/in car camera installation. Funding for unbilled landscape maintenance contractual services that occurred in FY 2021-22 but need to be paid in FY Parks&Recreation $37,171 2022-23. Virginia Aquarium $45,000 Funding for marketing campaign for the South Building.The South Building opening has been delayed and therefore the marketing campaign has not been conducted. Fire $10,393 Funding for gas grills for fire stations.This amount was donated by private entities for this specific purpose General Fund $2,682,611 Public Works $55,069 Funding for the purchase of a vehicle for a newly added maintenance supervisor.Equipment was unable to be purchased due to supply chain shortages. Public Works $14,573 Funding for the purchase of a new beach rake. Tourism Investment Program $69,642 Public Works $45,000 Funding for the purchase of a recycling truck for newly implemented program at Sandbridge that was unable to be procured in FY 2021-22 due to supply chain issues. Sandbridge Special Service District $45,000 Public Works $208,207 Funding for vehicles unable to be purchased during the fiscal year due to supply chain issues. Stormwater Enterprise Fund $208,207 Funding for Freebee project approved by City Council in 2022.This amount is needed to pay the vendor for the Economic Development $504,167 remainder of the pilot program. Parking Enterprise Fund $504,167 Funding for the implementation of Salesforce software and equipment,including tablets for drivers for the use of the Public Works $280,238 system. Funding for the purchase of solid waste side loader trucks that were unable to be purchased due to supply chain Public Works $1,640,409 shortages. Public Works $86,057 Funding for the purchase of a hazardous materials storage locker for the Landfill. Public Works $50,000 Funding for a solid waste rate study. Waste Management Enterprise Fund $2,056,704 Public Works $61,000 Funding for the purchase of fuel monitoring system unable to be purchased due to supply chain shortages. Public Works $380,610 Funding for the replacement of fuel tanks and gauges at 77 sites around the city. Fuel Internal Service Fund $441,610 Public Works $455,909 Funding for replacement vehicles were unable to be purchased during the fiscal year. Funding for new shop machinery and equipment unable to be able to be purchased in FY 2021-22 due to supply chain Public Works $154,980 shortages. Funding for serving of the security gates at City garage.The contractor was unable to service the gates during the fiscal Public Works $92,243 year and will be completing the work in FY 2022-23. Public Works $105,302 Funding for serving and replacing compressors. City Garage Internal Service Fund $808,434 Parks&Recreation $150,522 Funding for replacement vehicles were unable to be purchased during the fiscal year. School Landscaping Internal Service Fund $150,522 Library $227,777 Bookmobile Replacement Library Gift Fund $227,777 $7,194,674 Total FY 2021-22 to FY 2022-23 Carry Forwards Exhibit B: Reductions in Public Facility Revenue Bonds 100503 Judicial Center Escalator(100 General Fund) $ (4,949,212) 100635 Corporate Landing(100 General Fund) $ (450,000) Total Reduction $ (5,399,212) Note:The fund responsible for the debt service as a result of the issuance of bonds in these amounts is shown in parentheses next to the project title. 74 ITEM— V.K.19 ORDINANCES/RESOLUTIONS ITEM#73303 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$1.5-Million of Federal Funds from the State of Good Repair/Primary Extension Program to Capital Project#100401 re road paving projects Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS FROM THE STATE OF GOOD REPAIR / 3 PRIMARY EXTENSION PROGRAM TO CAPITAL PROJECT 4 #100401, "STREET RECONSTRUCTION II," FOR ROAD 5 PAVING PROJECTS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $1,500,000 from the State of Good Repair/ Primary Extension Paving Program is 11 hereby accepted and appropriated, with federal revenues increased accordingly, to 12 Capital Project #100401, "Street Reconstruction II," for road paving projects. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of September , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and anagement Services Ci tto ey's Office CA15908 R-1 September 6, 2022 75 ITEM— V.K.20 ORDINANCES/RESOLUTIONS ITEM#73304 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $181,300 from American Rescue Plan Act Tourism Recovery Program Grants to FY 2022-23 Convention and Visitors Bureau Operating Budget re support various conventions and events in the City Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 AMERICAN RESCUE PLAN ACT TOURISM RECOVERY 3 PROGRAM GRANTS FOR MEETING AND CONVENTION 4 INCENTIVE PROGRAM EFFORTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $181,300 is accepted from the American Rescue Plan Act via the Virginia 10 Tourism Authority and appropriated, with federal revenue increased accordingly, to the 11 FY 2022-23 Operating Budget of the Convention and Visitors Bureau, to support various 12 conventions and events to be held in Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 20 t h day of September , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,L,,,, Budget and Management Services C. or y's ffice CA15909 R-1 September 7, 2022 76 ITEM— V.K.21 ORDINANCES/RESOLUTIONS ITEM#73305 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $90,000 from American Rescue Plan Act Tourism Recovery Program Grant to FY 2022-23 Convention and Visitors Bureau Operating Budget re sports marketing related to the Jackelope Festival Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE AN 2 AMERICAN RESCUE PLAN ACT TOURISM RECOVERY 3 PROGRAM GRANT FOR SPORTS MARKETING 4 INCENTIVE PROGRAM EFFORTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $90,000 is accepted from the American Rescue Plan Act via the Virginia 10 Tourism Authority and appropriated, with federal revenue increased accordingly, to the 11 FY 2022-23 Operating Budget of the Convention and Visitors Bureau for sports marketing 12 related to the Jackelope Festival. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 0 t h day of September 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cl_ Budget and Management Services Cit or 's ice CA15910 R-1 September 6, 2022 77 ITEM— V.K.22 ORDINANCES/RESOLUTIONS ITEM#73306 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE an additional $69,061 from the Virginia Department of Fire Programs in Aid to Localities Grant Funding to the FY 2022-23 Fire Department Operating Budget re personal protective apparel, equipment, department training, and community outreach activities Voting. 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 AN ADDITIONAL $69,061 OF AID TO LOCALITIES 3 GRANT FUNDING TO THE FIRE DEPARTMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $69,061 in additional Aid to Localities(ATL) Grant funding is hereby accepted from 9 the Virginia Department of Fire Programs and appropriated, with revenue from the 10 Commonwealth increased accordingly, to the FY 2022-23 Operating Budget of the Fire 11 Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 o t h day Of September 2022. -- Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT; APPROVED AS TO LEGAL SUFFICIENCY: 4:\ -- Budget and Management Services City Att mne. 0 ice CA15916 R-1 September 7, 2022 78 ITEM— V.K.23 ORDINANCES/RESOLUTIONS ITEM#73307 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $59,000 from the Virginia Department of Emergency Management to FY 2022-23 Fire Department Operating Budget re Technical Rescue and HazMat Programs Voting: 10-0 Council Members Voting Aye. Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb,Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $59,000 FROM THE VIRGINIA DEPARTMENT OF 3 EMERGENCY MANAGEMENT FOR THE FIRE 4 DEPARTMENT'S TECHNICAL RESCUE PROGRAM 5 AND HAZMAT PROGRAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $59,000 is hereby accepted from the Virginia Department of Emergency 11 Management and appropriated, with revenue from the Commonwealth increased 12 accordingly, to the FY 2022-23 Operating Budget of the Virginia Beach Fire Department 13 for the following purposes: 14 15 a. $38,000 of Special Operations Technical Rescue Grant for the purchase of 16 equipment for a rescue truck and to conduct a training exercise using the 17 regional Technical Rescue Team; and 18 19 b. $21,000 of HazMat Grant for the purchase of two meters that detect toxic 20 industrial chemicals and chemical warfare agents and the purchase of leak 21 simulation kits. Adopted by the Council of the City of Virginia Beach, Virginia on the 20 t h day of Se2tember , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,/t .,_ — 1•' Budget and Management Services Ci or y's ffrce CA15917 R-1 September 7, 2022 79 ITEM— V.K.24 ORDINANCES/RESOLUTIONS ITEM#73308 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $1,136 from the Virginia Beach Library Foundation to FY 2022-23 Public Library Operating Budget re reimbursement for furniture purchased for Bayside Area and Special Services Library Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N. D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,136 2 FROM THE VIRGINIA BEACH LIBRARY FOUNDATION 3 FOR FURNITURE AT THE BAYSIDE AREA AND SPECIAL 4 SERVICES LIBRARY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $1,136 is hereby accepted from the Virginia Beach Library Foundation and 10 appropriated, with revenues increased accordingly, to the FY2022-23 Operating Budget 11 of the Public Libraries to provide a reimbursement for furniture purchased for the Bayside 12 Area and Special Services Library. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of September , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: &) „._),,,. Budget and Management Services i tto y's Office CA15912 R-1 September 7, 2022 80 ITEM— V.K.25 ORDINANCES/RESOLUTIONS ITEM#73309 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $300,000 within the FY 2022-23 Waste Management Fund Operating Budget from the capital outlay accounts to the operating accounts re continue leasing waste collection trucks Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO TRANSFER $300,000 WITHIN 2 THE FY 2022-23 OPERATING BUDGET OF THE 3 WASTE MANAGEMENT FUND 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $300,000 is hereby transferred from the capital outlay accounts to the operating 9 accounts of the FY 2022-23 Operating Budget of the Waste Management Enterprise 10 Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 o t h day of September , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /11. Budget and Management Services ;"o • - s�e ffice CA15915 R-1 September 7, 2022 81 ITEM— V.K.26 ORDINANCES/RESOLUTIONS ITEM#73310 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $217,354 from Capital Project #100557, "Flood Mitigation Assistance Grant IV" to FY 2022-23 Office of Emergency Management Operating Budget re cover increased construction costs, material costs, and project administration Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO TRANSFER $217,354 FROM 2 CAPITAL PROJECT #100557, "FLOOD MITIGATION 3 ASSISTANCE GRANT IV," TO THE OPERATING 4 BUDGET OF THE OFFICE OF EMERGENCY 5 MANAGEMENT FOR HOME ELEVATION COSTS AND 6 PROJECT ADMINISTRATION 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 $217,354 is hereby transferred from Capital Project #100557, "Flood Mitigation 12 Assistance Grant IV," to the Federal Emergency Management Agency Flood Mitigation 13 Assistance 2019 Elevation Grant in the FY 2022-23 Operating Budget of the Office of 14 Emergency Management to cover increased construction costs, material costs and 15 project administration. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 0 t h day of September 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A. ey' ice CA15918 R-1 September 7, 2022 82 ITEM— V.L.1 PLANNING ITEM#73311 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of FRANK A. ZINGALES & JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION, A DEFUNCT CORPORATION for a Street Closure re portion of the unimproved lane adjacent to the rear of 200 76`" Street DISTRICT 6 (Formerly District 5-Lynnhaven) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA FRANK A.ZINGALES&JAMES T. CROMWELL,ESQ.,RECEIVER FOR SHORE REALTY CORPORATION, A DEFUNCT CORPORATION for a Street Closure re portion of the unimproved lane adjacent to the rear of 200 76m Street (GPINs 2419672161, 24196710781840, 24196710781850) DISTRICT 6 (Formerly District 5- Lynnhaven) The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of the City's Interest in Streets Pursuant to Street Closures,"approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval.Said plat shall include the dedication of a public drainage easement over the closed portion of the lane to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The Applicants or the Applicants' successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within three hundred sixty-five (365) days of approval by the City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. September 20, 2022 83 ITEM— V.L.1 PLANNING ITEM#73311 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20th day of September Two Thousand Twenty Two. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 ORDINANCE APPROVING THE APPLICATION OF 2 FRANK A. ZINGALES AND JAMES T. 3 CROMWELL, ESQ., RECEIVER FOR SHORE 4 REALTY CORP., FOR THE CLOSURE OF A 5 PORTION OF AN UNIMPROVED, UNNAMED 6 LANE ADJACENT TO THE REAR OF 200 76TH 7 STREET 8 9 WHEREAS, Frank A. Zingales and James T. Cromwell Esq., Receiver for Shore 10 Realty Corp., (the "Applicants") applied to the Council of the City of Virginia Beach, 11 Virginia, to have the hereinafter described portion of an unimproved, unnamed right-of- 12 way discontinued, closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance. 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of unimproved, unnamed right-of-way (the 24 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being 25 met on or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "AREA OF PROPOSED STREET CLOSURE 30 (750 SQ. FT. OR 0.017 ACRES)", and shown as the cross- 31 hatched area on that certain street closure exhibit entitled: 32 "STREET CLOSURE EXHIBIT OF A 15' X 50' PORTION OF 33 THE 15' LANE (PUBLIC R/VV) ADJACENT TO LOTS 13 & 34 14 SHORE REALTY CORP. (M.B. 7, PG. 124) VIRGINIA 35 BEACH, VIRGINIA", Scale: 1" = 20', dated May 20, 2022, 36 prepared by WPL, a copy of which is attached hereto as 37 Exhibit A. 38 39 SECTION II 40 41 The following conditions must be met on or before one (1) year from City 42 Council's adoption of this ordinance: 43 44 1. The City Attorney's Office will make the final determination regarding 45 ownership of the underlying fee. The purchase price to be paid to the City shall be 46 determined according to the "Policy Regarding Purchase of City's Interest in Streets No GPIN assigned (City Right-of-Way) Adjacent GPINs: 2419-67-2161, 2419-67-2183, 2419-67-1078-1840 & 2419-67-1078- 1850 47 Pursuant to Street Closures", approved by City Council. 48 49 2. The Applicants shall resubdivide the property and vacate the internal lot 50 lines to incorporate the Right-of-Way into the adjoining lot. The Resubdivision plat must 51 be submitted and approved for recordation prior to the final street closure approval. 52 Said plat shall include the dedication of a public drainage easement over the Right-of- 53 Way to the City of Virginia Beach, subject to the approval of the Department of Public 54 Works, and the City Attorney's Office, which easement shall include a right of 55 reasonable ingress and egress. 56 57 3. The Applicants shall verify that no private utilities exist within the Right-of- 58 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 59 company must be provided. 60 61 4. Closure of the Right-of-Way shall be contingent upon compliance with the 62 above-stated conditions within 365 days of approval by City Council. If the conditions 63 noted above are not accomplished and the final plat is not approved for recordation 64 within one (1) year of City Council approval, said approval shall be considered null and 65 void. 66 67 SECTION III 68 69 1. If the preceding conditions are not fulfilled on or before September 19, 70 2023, this Ordinance will be deemed null and void without further action by the City 71 Council. 72 73 2. If all conditions are met on or before September 19, 2023, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if 78 any, that may be requested to convey such interest, provided said documents are 79 approved by the City Attorney's Office. 80 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH (as "Grantor") and FRANK A. ZINGALES and JAMES T. 86 CROMWELL, ESQ., Receiver for Shore Realty Corp., (collectively, as "Grantee"). 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this 20th day 89 of September , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENICY: PlanningD1009c4,-, „ menf Ci A orne Y CA15789 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d030\p038\00827879.doc R-1 September 13, 2022 Exhibit A N/F CHRISTOPHER G. CARZO & CYNTHIA E. FULMER-CARZO V�,S,c� GPIN: 2419-67-1078-1840 AREA OF PROPOSED -00,Q �14 sr AND STREET CLOSURE �/N ZpN' Nqo T� sys Gq ti,E- DEBORAH DARE (750 SQ. FT OR 98,3 419- S00rh, GPIN: 2419-67-1078-1850 0.017 ACRES) 9`3 hq,Q,v,) LOTS 15 & 16 (M.B. 7, PG. 124) 15' LANE ( N 14'18'24'° W 50.00' O \ (M.B. 7, PG. 124) rtli h 4 (UNIMPROVED) n S 14'18 2 E 50.00 1 1 N/F LOT 13 LOT 14 -� HENRY C GALUMBECK (M.B. 7, PG. 124) (M.B. 7, PG. 124) LLI 'c\-lt. IRREVOCABLE TRUST o GPIN: GPIN: kJ 0 2419-67-2161 2419-67-2183 0 0 (I.N. 20140407000294230) p o IZ Li) Q LOTS 10, 11, & 12 0 0 .S N' (M.B. 7, PG. 124) - - k GPIN: 2419-67-2076 O O Orl) v' co � CO % � � CO 1 '- '� '` O . rN N ......co ,.. ...7- v I • RC . ARNER� Lic. . 2904 e 05/23/2022 * SURD S 14'18'24" E 50.00' NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE ATLANTIC AVENUE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE (120' R/W) N.B. 1, PG. 8b) (D.B. 119, PG. 213) AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) AND IS NOT INTENDED 0 20 40 60 Feet FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED GRAPHIC SCALE 1" = 20' FOR THIS PROPERTY. STREET CLOSURE EXHIBIT OF A 15'x50' PORTION OF THE 15' LANE (PUBLIC R/W) ADJACENT TO LOTS 13 & 14 SHORE REALTY CORP. Landscape Architecture (M.B. 7, PG. 124) Land Surveying VIRGINIA BEACH, VIRGINIA C.rwl Enghisering SHEET 1 OF 1 242e.com 757.431.1041 YIiS'WIs 1101.STE 8 KM BM M 23452 SCALE: 1"=20' MAY 20, 2022 CAD/ch BKM/eag CITY OF VIRGINIA BEACH, VA 'F.B.937 PG.2-3 I PLAT: S-246 l IN:222-0125 84 ITEM— V.L.2 PLANNING ITEM#73312 The following registered to speak: Rob Beaman,Attorney for Applicant, 222 Central Park Avenue, Phone: 647-7797, spoke in SUPPORT Mary Pannula, 1045 Shelford Court, Phone: 617-3590, did not respond JoAnn Little, 1037 Shelford Court, Phone: 681-7087, did not respond Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Branch, City Council APPROVED, AS MODIFIED, Application of DAM NECK ASSOCIATES, LLC for a Modification of Proffers to a Conditional Rezoning re a multi family development at 872 Dam Neck Road DISTRICT 5 (Formerly District 7-Princess Anne) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DAM NECK ASSOCIATES, LLC for a Modification of Proffers to a Conditional Rezoning re a multi family development at 872 Dam Neck Road (GPIN 2415757941) DISTRICT 5 (Formerly District 7- Princess Anne) The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h day ofAugust Two Thousand Twenty Two. Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb, Delceno C. Miles, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Aaron R. Rouse September 20, 2022 O O 0 P1 _ ... i- > B2 8 , --- AG 1 C: B2 At8 At8 ---- B2 i RI 0 AG2 I — _.__DwNCk —_ - _ _ � � _ ___ /, _Road :- ===Dam-NeckRoad — I : -- --Dam=Neck=R-oad- ' ' ', - AG20 - --- •:e-) oriVIZ[-,-Sni-, Q �� R7:5 • It5D Al2- R1O.44:-.•4 Alp ��^ Q B2 — R7.5 36 4 r A Site W 4 \i E Dam Neck Associates, LLCM'' Property Polygons s Zoning 872 Dam Neck Road Building — m.o. ...... ■ ••.Feet Prepared by and return to: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS THIS MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement"), made this 2$' day of ,v vV./ , 2022, between DAM NECK ASSOCIATES,LLC,a Virginia limited liability company,("Dam Neck", and grantor for indexing purposes); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantee", and grantee for indexing purposes). WITNESSETH: WHEREAS, Dam Neck is the owner of the real property described on Exhibit A attached hereto (the"Property"),which property is currently zoned Conditional A-18,and is subject to certain recorded proffered covenants,restrictions,and conditions pursuant to the Agreement by and between Bel-Aire, Incorporated, a Virginia corporation and Grantee dated March 25, 1994,and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia(the"Clerk's Office") in Deed Book 3402 at Page 489(the"Original Proffers"); and WHEREAS,Grantor desires to amend and modify certain of the covenants,restrictions,and conditions set forth in the Original Proffers as provided herein; and WHEREAS,the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee,after a public hearing properly advertised pursuant to Section 15.2- 2204 of the Code of Virginia, 1950(as amended),which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation and use of the Modification Area, and hereby covenant and agree that the terms of this declaration shall constitute covenants running with the Modification Area, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns,grantees and other successors in interest or title,namely: 1. Proffer Number 1 of the Original Proffers is hereby deleted and replaced with the following: GPlNs: 2415-48-6899-0000 and 2415-48-7637-0000 126743912v4 "When developed, the improvements and landscaping on the Property shall be developed in substantial conformity with the conceptual site plan entitled "The Farm at Dam Neck and General Booth", dated June 24, 2022, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning." 2. Proffer Number 9 of the Original Proffers is hereby deleted in its entirety. 3. Proffer Number 10 of the Original Proffers is hereby deleted and replaced with the following: "The maximum permitted height of the residential buildings located on the Property shall be seventy-five feet(75'), in lieu of the thirty-five feet(35')otherwise required under Section 604(a)of the Zoning Ordinance." 4. Proffer Number 11 of the Original Proffers is hereby amended by the addition of the following sentence at the beginning of such Proffer: "The quality of architectural design and materials of the residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "APARTMENTS at THE FARM", and dated June 27, 2022 (the "Elevation"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council." 5. Proffer Number 13 is hereby added to the Original Proffers,and will read in its entirety as follows: "Grantor will submit a traffic impact analysis prepared by a licensed traffic engineer to the City Public Works Department as part of the site plan review process for the development of that portion of the Property identified as `Phase 2' on the Concept Plan." 6. Except as expressly modified by this Agreement, all other covenants,restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the modification of proffered covenants,restrictions and conditions is approved by the Grantee. The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, Page 2 126743912v4 however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing,these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Grantor covenants and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,including(i)the ordering in writing of the remedying of any noncompliance with such conditions,and(ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages or other appropriate action,suit or proceedings;(2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank Separate Signature Page to Follow.] Page 3 126743912v4 DAM NECK ASSOCIATES,LLC, a Virginia limited liability company By: C/0 Name: Robert . and Title: Authorized Signatory of Red Wing Associates, LLC,Member of Dam Neck Associates,LLC STATE/COMMONWEALTH OF V j AG,,;,i CITY/COUNTY OF V+Q q gG g►c ,to-wit: The foregoing instrument was sworn to and acknowledged before me this ?2 day of ,2022,by R,,b 6a4- Jh_ 140u;q Rp ,on behalf of Dam Neck Associates, LLC, a Virginia limited liability company. He/she is either personally known to me or has produced as identification. 43 Witness my hand and official stamp or seal this o`l4 day of , 2022. ea01.4.- --e iani Notary Public (SEAL) My Commission Expires: 0,2--?941 Registration Number: a37 f.� �.‘`% A. BAN #1,��� O .• NOTARY • PUBLIC * • BEG.#237343 MY COMMISSION WEA LTH o`� Page 4 126743912v4 EXHIBIT A Legal Description of Property ALL THOSE certain lots,pieces or parcels of land with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and designated as PARCEL 9, PARCEL 11, PARCEL 12 and PARCEL 13 on that certain plat entitled "SUBDIVISION OF PROPERTY OF BEL-AIRS, INCORPORATED (D.B. 2420, P. 460)AND KING'S WAY CORPORATION (D.B. 2420, P. 577)VIRGINIA BEACH, VIRGINIA", dated July 27,2004 which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200408170129717. Page 5 126743912v4 85 ITEM— V.L.3 PLANNING ITEM#73313 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS MODIFIED, BY CONSENT, Application of OCEAN CONDOMINIUM DEVELOPERS, LLC/ORP VENTURES, LLC for a Modification of Conditions re two (2) duplexes at 404 34th Street DISTRICT 6 (Formerly District 6-Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OCEAN CONDOMINIUM DEVELOPERS, LLC/ORP VENTURES, LLC for a Modification of Conditions re two (2) duplexes at 404 34th Street(GPIN 2418923981)DISTRICT 6(Formerly District 6-Beach) The following conditions shall be required: 1. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted concept site layout entitled "Non-conformity exhibit of Lot 13, Block 106 Subdivision of Linkhorn Park,"prepared by Align Surveying& Design, P.C. and dated November 12, 2021. 2. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted elevations entitled "404 34th St. & 405 33.5 St. Duplex,"prepared by Land Planning Solutions and dated July 20, 2022. 3. The maximum number of dwelling units on the subject Site shall not exceed four(4). 4. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "Concept Landscape Plan for Lot 13,Block 106", dated July 26, 2022, and prepared by Gaddy Engineering Services LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. The height of the buildings shall not exceed thirty-eight (38)feet at the ridgeline as exhibited in the submitted elevations entitled "404 34`h St. & 405 33.5 St. Duplex," prepared by Land Planning Solutions and dated July 20, 2022. This is a deviation to the thirty-five (35)foot height requirement, as required by the City Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`h day of September Two Thousand Twenty Two. September 20, 2022 86 ITEM— V.L.3 PLANNING ITEM#73313 (Continued) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 ,.„_ , 1 ! nki-2----- wog 1 A 1 2 vtay _ _- eet � Str_- 1 • Al 2 3, , OR, _,„34th_ �*--'' n A24 ) \ — 0 ,\_-3,.___ _ ._- - 9.ii _ A36 \\_, ‘z\_--------- W A24 ,, stye 73 Al 2 WWI 341 ____------- o i,----- o ___------ 0M.\7- 00 ♦ ---------- ' - J eet OR th Str �*. \nAl8 ,--34At2 R20 , 0i A24 I. ofU33\---;07,,TI4_ xi Str R40 - - �A 12�\ Al2 \ I3 \A24t c. _ 0 ----ii 33rA- \\ \ RT3 , -Al2 ` treet AI 3d 32J Al2 33r --- IIIIIIOR Al \ ' \ Al2 36 \\, \ la , _ mill111 Site Ocean Condominium Developers, LLC, W:� , E Property Polygons a Virginia Limited Liability Company s Zoning 404 34th Street Building Feet 0 2040 80 120 160 200 240 87 ITEM— V.L.4 PLANNING ITEM#73314 The following registered to speak: Mark Stevens, 512 21st Street, Phone: 201-8500, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Kate Pittman, 2416 Huckleberry Trail, Phone: 401-0767, spoke in SUPPORT Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council APPROVED,AS MODIFIED, Application of ATLANTIC PARK, INC. & VIRGINIA BEACH DEVELOPMENT AUTHORITY/VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Modification of Conditions to Alternative Compliance re four(4) 70-foot light poles and one(1) 60-foot light pole within the Surf Park Facility located at the block bordered by Arctic and Baltic Avenues, 19t & 20`h Streets and double block bordered by Pacific and Arctic Avenues, and 18`h and 20`h Streets DISTRICT 6(Formerly District 6-Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ATLANTIC PARK, INC. & VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Modification of Conditions to Alternative Compliance re four(4) 70- foot light poles and one (1) 60-foot light pole within the Surf Park Facility located at the block bordered by Arctic and Baltic Avenues, 19`h & 20`h Streets and double block bordered by Pacific and Arctic Avenues, and 18" and 20`h Streets (GPINs 2427079524, 2427074883, 2427073669,2427170853, 2427073711, 2427075737, 2427073536, 2427074802, 2427073767, 2427073660, 242 70 7451 7, 2427076808, 2427076990, 2427073705, 2427074757, 2427077707, 2427072890, 2427170516, 2427172611)DISTRICT 6(Formerly District 6-Beach) The following conditions shall be required: 1. Signs shall be subject to the limitations and descriptions described in the narrative entitled, "Sign Concepts_2," dated June 20, 2022. Said narrative has been exhibited to the City Council and is on file in the Department of Planning. 2. The final design of the signs shall be submitted to the Planning Director for review and approval prior to submission of plans for sign permits. 3. No audio speakers are permitted with the freestanding signs. Audio speakers on or connected to the wall-mounted sign shall be subject to time and decibel restrictions to be determined by the Planning Director during review of the plans submitted as required by Condition 2. In no event shall sound from any such speakers exceed the sound levels allowed by the City's noise ordinances (Article 2 of Chapter 23, City Code Sections 23-63 et seq), or any successor ordinance. 4. Signs shall be equipped with a working dimmer control capable of automatically reducing the illumination of the required daytime (sunrise to sunset) and nighttime (sunset to sunrise) levels. September 20, 2022 88 ITEM— V.L.4 PLANNING ITEM#73314 (Continued) 5. Other than video streaming, signs shall not flash or display graphics or images in fewer than eight(8)second intervals. 6. A sign package for any additional signs, including directional and wayfinding signs, shall be submitted to the Planning Director for review and approval to ensure all signs have a consistent design and are well coordinated with traffic circulation and landscape plans. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`" day of September Two Thousand Twenty Two. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse *COUNCIL MEMBER TOWER FILED A DISCLOSURE September 20, 2022 40- GZl.vlA•BE,ic�S! O P z City of Virginia Beach U rt f. ollr 0�9_ c BCD 4s 0 Up OUR NAr°NS VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH Refer to File No.: 0078499 September 20, 2022 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of Atlantic Park, Inc. for a modification of conditions to alternative compliance for the property owned by the Virginia Beach Development Authority and located at the block bordered by Arctic and Baltic Avenues and 19th and 20th Streets and double block bordered by Pacific and Arctic Avenues and 18th and 20th Streets. 2. The applicant disclosed that Kaufman & Canoles is its legal services provider. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. • 211 43rd STREET,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Amanda Barnes -2- September 20, 2022 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. S' e ely, Guy K. Tower Councilmember GKT/RRI • - -- , PIPIl°61r7\ • OR - ---- ' ''''111 0\ oio p R �* 't,,� , A rv: 0 ' �• sts--4-et 'OR , ()R O. ° ! 21-000R%slaw reet- ��.1otOR Q -o �'St St �,,� t se) t 4 -111 01i2R• - - - tree , 00 vi_3A-'1 \* OS t \OR Illik 1-a% _ , 0\ s 6\072p GY-J`‘f-`,--- ' --- - - , ) OR \I ----- -_r _ 10• " tree . 1 0, 0G �Zp'Ch OR o OR OR\ -_ .Sttee`.--- -\. OR -z Q OR c� /Street c� •do - OR / 2 vtOR 1 -- � 0 0r\ IDR Stile-et-- O R r - " ob i,,19tb Q OR �''` OR - ,�--�, ORl- Stceet" "reef , 10°� .Q� Sth, 0 1 - Agth______S - =�-o °o �" et - - 11 c z. •rea OR � ;gth SIA OR ,,� FOR t -0::-R_ LOR!\ , � � `.---Wil"wV*1 VC-Stree- jilt DOR OR , --= OR _� - , et_ - et \,,i \\ , _ ,_ o st itiotreh- - Vth �rA0 OR : il -- (,)1 � - ,o --- O. -___ IIIOR R� �1OR _ t Site Atlantic Park, Inc. & Virginia Beach Development Authority N;\ p �,���� r Property Polygons Block bordered by Arctic & Baltic Avenues and -A Q Zoning 19th & 20th Street & double block bordered by s Building Pacific & Arctic Avenues & 18th & 20th Streets Feet 89 ITEM— V.L.5 PLANNING ITEM#73315 The following registered to speak: Mark Stevens, 512 21 st Street, Phone:201-8500, declined to speak Barbara Messner, P. O. Box 514, spoke in OPPOSITION Kate Pittman, 2416 Huckleberry Trail. Phone: 401-0767, declined to speak Upon motion by Council Member Moss, seconded by Council Member Tower, City Council APPROVED, AS CONDITIONED,Application of ATLANTIC PARK,INC. & VIRGINIA BEACH DEVELOPMENT AUTHORITY/VIRGINIA BEACH DEVELOPMENT AUTHORITY request for a Major Entertainment Venue Sign located at the block bordered by Arctic and Baltic Avenues, 19`h&20`h Streets and double block bordered by Pacific and Arctic Avenues,and 18`h and 20`h Streets DISTRICT 6(Formerly District 6-Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ATLANTIC PARK, INC. & VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY request for a Major Entertainment Venue Sign located at the block bordered by Arctic and Baltic Avenues, 19`h & 20`h Streets and double block bordered by Pacific and Arctic Avenues, and 18`h and 20`h Streets (GPIN 148752385)DISTRICT 6(Formerly District 6-Beach) The following conditions shall be required: 1. Signs shall be subject to the limitations and descriptions described in the narrative entitled, "Sign Concepts_2," dated June 20, 2022. Said narrative has been exhibited to the City Council and is on file in the Department of Planning. 2. The final design of the signs shall be submitted to the Planning Director for review and approval prior to submission of plans for sign permits. 3. No audio speakers are permitted with the freestanding signs. Audio speakers on or connected to the wall-mounted sign shall be subject to time and decibel restrictions to be determined by the Planning Director during review of the plans submitted as required by Condition 2. In no event shall sound from any such speakers exceed the sound levels allowed by the City's noise ordinances(Article 2 of Chapter 23, City Code Sections 23-63 et seq.), or any successor ordinance. 4. Signs shall be equipped with a working dimmer control capable of automatically reducing the illumination of the required daytime (sunrise to sunset) and nighttime (sunset to sunrise) levels. 5. Other than video streaming, signs shall not flash or display graphics or images in fewer than eight second intervals. September 20, 2022 90 ITEM— V.L.5 PLANNING ITEM#73315 (Continued) 6. A sign package for any additional signs, including directional and wayfinding signs, shall be submitted to the Planning Director for review and approval to ensure all signs have a consistent design and are well coordinated with traffic circulation and landscape plans. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`'' day of September Two Thousand Twenty Two. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse *COUNCIL MEMBER TOWER FILED A DISCLOSURE September 20, 2022 • BEAc City of Virzi ni a B each U sE, _ r 99 °F. OUR NraW°O�t� VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH Refer to File No.: 0078500 September 20, 2022 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of Atlantic Park, Inc. and the Virginia Beach Development Authority for a major entertainment venue sign for property owned by the Development Authority and located at the block bordered by Arctic and Baltic Avenues and 19th and 20th Streets and double block bordered by Pacific and Arctic Avenues and 18th and 20th Streets. 2. The applicant disclosed that Kaufman& Canoles is its legal services provider. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 211 43id STREET,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Amanda Barnes -2- September 20, 2022 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. 'nce ely, (Lo- Guy K. Tower Councilmember GKT/RRI 1111 C3 ii\ \IAA" 11w- ‘3 1 ' OR 7.----- ow , 1 pro 'oR _!-- ' \TOR colli" ,.ice °RaiORA ° -. ,, d �� _ et Ill to tsr ' ' It-- 01 ilk O' Oo c O.S © 'a o " .\ t s'5 treet-- ,1� ��11► OR * Q ��__� -f_ _ 2ToP � � r -et- I'' a \ a-r\ ' - - tree �. ,,,Q --ozlRo ‘ , o, a ._ as o oR. 40 �--ZO_ -- - - OR , egt o,,,. cv 0 CO-BIR60 :hStr =- OR 1 � �0T o , OR 0fOR trStreet:-) OR �20� - OR 1:4 -, \\* cvnUt&kreet, o \__2,,, OR / v th c _ - _ . OR l' \-- _�► I d 0o n OW 1 ' ° " t $ '1:3, .. StSg-e-----cVOR vu__ ,.'______-� lgth o, _-- OR __-= ORelit\ __ O R_-LI- � -�Sty � � = o � __to=1 lgth__- �, � _ - - � __ , ORc /0044S-- tfee' s1 -OR kr-----rn ',' I OR ,� _OR ORa _. 111\,,, \ ow • \ r __i .L reef' -- h t o • OR OR t - R 1likritt atree _ ,Q OVA n - Altti-Strei\ no OROf1;-7: OR — i--- ORS _ __ OR I _,,itialmma°1 Site Atlantic Park, Inc. & Virginia Beach Development Authority ,,�r' , p W-4 E Property Polygons Block bordered by Arctic & Baltic Avenues and Nvi. Zoning 19th & 20th Street & double block bordered by s Building Pacific & Arctic Avenues & 18th & 20th Streets milm. =mom Feet 91 ITEM— Y.L.6 PLANNING ITEM#73316 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council DEFERRED TO OCTOBER 18,2022,BY CONSENT,Application of MIKE DA UBERT/BACK BAY FARMS.INC for a Conditional Use Permit re assembly use at 1833 Princess Anne Road DISTRICT 2 (Formerly District 7- Princess Anne) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 92 ITEM— V.L.7 PLANNING ITEM#73317 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of AMERCO REAL ESTATE COMPANY/ THOMAS BRILL IRREVOCABLE TRUST,HOWARD E. GORDON, TRUSTEE for a Conditional Use Permit re a mini-warehouse, truck and trailer rentals at the Southern Corner of the Intersection of Holland Road and Stoneshore Road, West of 3427 Holland Road DISTRICT 10(Formerly District 3-Rose Hall) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AMERCO REAL ESTATE COMPANY/ THOMAS BRILL IRREVOCABLE TRUST, HOWARD E. GORDON, TRUSTEE for a Conditional Use Permit re a mini-warehouse,truck and trailer rentals at the Southern Corner of the Intersection of Holland Road and Stoneshore Road, West of 3427 Holland Road (GPIN 1486810742) DISTRICT 10 (Formerly District 3-Rose Hall) The following conditions shall be required: Conditions for Conditional Use Permit for Mini-Warehouse: 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "AMERCO REAL ESTATE COMPANY—PRELIMINARY SITE PLAN", dated July 29, 2022, and prepared by AMERCO REAL ESTATE COMPANY, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "U-HAUL OF VIRGINIA BEACH'; dated July 29, 2022and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 3. As noted in the landscape plan entitled "U-HAUL OF VIRGINIA BEACH", dated July 29, 2022 and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, existing healthy and non-invasive vegetation in the twenty (20)foot wide side setback along the southeast parcel line shall be retained and maintained to supplement the Category VI landscape screening. September 20, 2022 93 ITEM— V L.7 PLANNING ITEM#73317 (Continued) 4. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the submitted elevations entitled "MOVING& STORAGE OF TIDEWATER", June 01, 2022, and prepared by ADVERTISING & MARKETING ASSOCIATES, INC., which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. All signage shall be externally lit and no neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property. Any freestanding signage shall be monument style no taller than eight feet in height and externally lit with a brick base to match the building.) All signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. All exterior lighting shall be low intensity and residential in character. All other exterior lighting on the property shall also be building mounted or ground level lighting which is not directly visible from the (main road)/According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini- warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 7. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 8. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 9. Motorized vehicles for rental on the property shall be limited to trucks and trailers and shall be stored within the designated areas identified as the display area and shunting area on the exhibit entitled "AMERCO REAL ESTATE COMPANY—PRELIMINARY SITE PLAN", dated July 29, 2022, and prepared by AMERCO REAL ESTATE COMPANY, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 10. The outdoor storage of containers,pods, crates, boxes, or similar mobile storage units shall be prohibited, except, mobile storage units may be placed outside for loading and unloading.In no case shall the mobile storage unit be placed outside for more than a twenty- four(24) hour period. September 20, 2022 94 ITEM— V.L.7 PLANNING ITEM#73317 (Continued) 11. No loading or unloading of stored goods shall occur in the public right-of-way. 12. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the sliding gate surrounding the loading zone. 13. Alterations to the existing median on Stoneshore Road shall be designed such that those alterations only permit a left turn from Stoneshore Road into the site.Any traffic exiting the site onto Stoneshore Road shall be restricted only to a right turn towards the Holland Road intersection. 14. A subdivision plat shall be submitted to establish boundaries of the lot during site plan review. Conditions for Conditional Use Permit for Truck& Trailer Rentals: 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "AMERCO REAL ESTATE COMPANY—PRELIMINARY SITE PLAN", dated July 29, 2022, and prepared by AMERCO REAL ESTATE COMPANY, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "U-HAUL OF VIRGINIA BEACH", dated July 29, 2022, and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, with the exception that the planting strip shown alongside the north elevation of Building B be moved to define the southern edge of the Shunting Area. 3. As noted in the landscape plan entitled "U-HAUL OF VIRGINIA BEACH", dated July 29, 2022, and prepared by PAINTED FERN LANDSCAPE ARCHITECTURE, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, existing healthy and non-invasive vegetation in the twenty (20)foot wide side setback along the southeast parcel line shall be retained and maintained to supplement the Category VI landscape screening. September 20, 2022 95 ITEM— V.L. PLANNING ITEM#73317 (Continued) 4. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the submitted elevations entitled "MOVING& STORAGE OF TIDEWATER", June 01, 2022, and prepared by ADVERTISING & MARKETING ASSOCIATES, INC., which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The color of the EIFS shall be a neutral and/or earth tone. 5. All signage shall be externally lit and no neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. No more than three(3) trucks and trailers for rent shall be displayed in the display area as identified on the Concept Plan. Truck and trailers for rent not on display shall be parked in the area designated as "Vehicle Shunting Area" or the parking area adjacent to the southeast elevation of building a as shown on the concept plan "AMERCO REAL ESTATE COMPANY — PRELIMINARY SITE PLAN", dated July 29, 2022, and prepared by AMERCO REAL ESTATE COMPANY. 7. The "Vehicle Shunting Area,"as identified on the Concept Plan shall be screen, except for necessary openings for ingress and egress, from any public right-of-way or adjoining residential or apartment zoning district within one hundred(100)feet of the designated area by a fence not less than six(6)feet in height and Category VI landscaping and in substantial conformance with the fencing type exhibited in the Landscape Plan. The fence screening the "Vehicle Shunting Area"adjacent to Stoneshore Road may be as described in the concept landscaping plan as exhibited to the City of Virginia Beach. 8. All exterior lighting (as identified on the exhibit entitled shall be low intensity and residential in character. All other exterior lighting on the property shall also be building mounted or ground level lighting which is not directly visible from the right-of-way. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises;said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 9. The site must be improved with all required screening and buffering as required in the Virginia Beach Landscaping Guide, including but not limited to,street frontage landscaping and foundation plantings. September 20, 2022 96 ITEM— V.L.7 PLANNING ITEM#73317 (Continued) 10. Parking spaces and display area spaces must be clearly delineated on site plan and the parking lot must be striped in accordance with the approved plan. Vehicles, including trailers, are to be parked in the designated areas and no vehicles, including trailers, shall be parked within any portion of the public right-of-way. 11. The required foundation landscaping shall be permitted to be established in planter boxes along the front and side portion of the buildings. 12. No vehicle, including trailers, shall be parked, loaded, or unloaded within any portion of the public right-of-way. 13. No neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 14. Sale of vehicles shall not be permitted on the site. 15. There shall be no on-site washing, detailing, or maintenance of any motor vehicles or trailers. 16. Alterations to the existing median on Stoneshore Road shall be designed such that those alterations only permit a left turn from Stoneshore Road into the site.Any traffic exiting the site onto Stoneshore Road shall be restricted only to a right turn towards the Holland Road intersection. 17. A subdivision plat shall be submitted to establish boundaries of the lot during site plan review. 18. Moving, parking, or relocating of vehicles to be stored in the parking area adjoining Building A shall be limited to between the hours of 7:00 a.m. and 8:00 p.m. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`h day of September Two Thousand Twenty Two. September 20, 2022 97 ITEM— Y.L.7 PLANNING ITEM#73317 (Continued) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 ° \ c , \tP\ CO---'-"--\\-16 L-Tc, i * 6'7' ° \ Y\PDiii* o c)Q► 7 \-- � i � ,%/ ,�e B2 r / H1 PD ey \). --\'-6,?.- . -6 cp .7 , /- li/ 1 `, , 1$• 02 -----c3 ° ti) , _______ 1)4 __--- ,_____- _____-- (kr, / i -------------- c)i--(- c›-4,0 76. i Fin to • * - etc '7'. ' B2 00 7 � r,PDH1 I . 0 ,,7-1701v, dc) C). \ , B2 / - - Al,,c _\ ,\)(; e- 'sco * "‘ . /\ B2 0 , a � � % , * *4 /\7 , ,t5_ ,,,--- A = A-1r2 t \ \2 AS%i‘ s , ,‘, -fro ---'-' = '' ., \Wok ___,--- -► ° �. \\,,,IL\ �O- � o ° e' ' n 0' 41'2' K�°• 5G� o . , . Al2 �� o . ' oe PDH1 0 1. ‘4,N 0 (1 \♦ o 10#4410 /- s \ S ••\ 4 * P' . \ \ \ n I N AMERCO Real Estate Com an W ,A11-:�: %/ Site �/p .`r ►� Parcel on the southern corner of Holland Road & Property Polygons s Zoning Stoneshore Road, directly west of 3427 Holland Road Building Feet 98 ITEM— Y.L.8 PLANNING ITEM#73318 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ADD Sections 250, 251, 252, 253, and 254 to the City Zoning Ordinance(CZO) re lighting requirements(Sponsored by Council Member Henley) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N. D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 1 AN ORDINANCE TO ADD SECTIONS 250, 251, 2 252, 253 and 254 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO LIGHTING 4 REQUIREMENTS 5 6 Sections Added: §§ 250, 251, 252, 253, and 7 254 of the City Zoning Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 250, 251, 252, 253 and 254 of the City Zoning Ordinance are 16 hereby added and reordained to read as follows: 17 18 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL 19 DISTRICTS 20 21 . . . . 22 23 I. LIGHTING REQUIREMENTS 24 25 Sec. 250. Legislative Intent. 26 27 The purpose of this ordinance is to establish comprehensive regulations for 28 outdoor lighting throughout the City of Virginia Beach that will: 29 30 aj Provide for and control outdoor lighting that is necessary for night-time 31 safety, utility, security, productivity, enjoyment and commerce; 32 33 Protect pedestrians and drivers from glare of non-vehicular light sources; 34 35 c� Protect neighbors, the environment and the night sky from 36 nuisance glare and light trespass from improperly selected, 37 placed, aimed, applied, maintained or shielded light sources: 38 39 d) Help protect the natural environment from the adverse effects of night 40 lighting from gas or electric sources; and 41 42 pi Promote energy efficient lighting design and operation. 43 44 Sec. 251. Definitions. 45 46 The following terms shall be defined as set forth herein: 1 47 48 `. "Floodli_ghf' is a large, powerful light used to illuminate a field or the exterior 49 of a building. 50 51 "Footcandle" is a unit of light density incident on a plane (assumed to be 52 horizontal unless otherwise specified), and measurable with an illuminance 53 meter, a.k.a. light meter. 54 55 ) "Full cutoff' is an attribute of a luminaire from which no light is emitted at or 56 above a horizontal plane drawn through the lowest light-emitting portion of 57 the luminaire and no more than ten percent (10j of the lamp's intensity is 58 emitted at or above an angle ten (10) degrees below that horizontal plane, 59 at all lateral angles around the luminaire. A full-cutoff luminaires by 60 definition, also is "fully shielded." 61 62 () "Fully shielded' is an attribute of a luminaire from which no light is emitted at 63 or above a horizontal plane drawn through the lowest light-emitting portion 64 of the luminaire. 65 66 "Glare" is excessive brightness in the field of view that is sufficiently greater 67 than that to which the eyes are adapted, causing annoyance or loss in 68 visual performance and visibility so as to jeopardize health, safety, or 69 welfare. 70 71 ff "Illuminance" is the quantity of incident light, measured in footcandles. 72 73 "Light trespass" is light emitted by a luminaire or lighting installation, which 74 is cast beyond the boundaries of the property on which the lighting 75 installation is sited. 76 77 � "Lumen" as used in the context of this Ordinance, is the light-output rating of 78 a lamp (light bulb). 79 80 "Luminaires is a complete lighting fixture assembly consisting of ballast: 81 lamp(s), lamp holder, electrical components, light directing devices and lens 82 or diffuser. 83 84 "Searchlight" is an outdoor electric light with a concentrated beam that can 85 be turned in a required direction. 86 87 88 Sec. 252. General Lighting Requirements. 89 90 ) Conformance with All Applicable Codes. All outdoor lighting fixtures shall 91 be installed and maintained in conformance with the provisions of this 92 Ordinance, and in conjunction with any applicable requirements from the 2 E 9EL. 'bullyb!! Ieuoseas Ajeaodwal (8 L£L. 9£1• :sanleal 5£1. JaleM Jew pue 'sulelunoo 'stood bu!ww!Ms u! builyb!! aaleMiepun a V£I. CC 1. lAilnlloe uollonalsuoo JO Juana Ie!oads ail Jo uoRaldwoo Z£I. ail uodn panulluooslp s! 6ully6ll ions pap!nad— I.£1. sails uollonJlsuoo pue sluana leloads ioj buRgb!! AJeaodwal c§ OC I. 6Zl :(aoueulpJO ub!S ail 9Z I. 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Mau '01 pallw!l lou 66 s! inq 'sapniou! slit •eoueulpo s!gl4o sluawajlnbei ail ylaM Aldwoo 86 !!ells ( ) aoueulpJo s!yl to amp anlloage ail Jaw pallelsu! L6 sainpq lib!! 'Molaq paquosap suolidwaxe ail aol idaox3 •Ajl//geol/ddy (4 96 96 'woo bu!pI!ns P6 ep!Male1S pue sapoo AbJeu3 '(ydJN) uolleloossy uolloalad aJld IeuoileN £6 139 2) Lighting only used under emergency conditions — provided such 140 lighting is discontinued upon abatement of the emergency 141 situation: 142 143 10) Lighting located within the public Right of Way or on City 144 owned property when approved by City Council or Public 145 Works; 146 147 11) Lighting approved by the Planning Director as recommended 148 by the Virginia Beach Police Department: 149 150 12) Lighting specified or approved with a specific city council 151 action; and 152 153 13) Lighting exempt under federal, commonwealth or city laws or 154 regulations. 155 156 157 ) Prohibited Lighting. The following exterior lighting is prohibited: 158 159 1) Light fixtures that imitate any official highway or traffic control light or 160 sign; 161 162 21 Light fixtures in the direct line of site with any traffic control light or 163 sign; 164 165 3) Light fixtures impairing the vision of vehicles traveling on any public 166 right-of-way: 167 168 4_) Privately owned light fixtures located in the public right-of-way, 169 without an encroachment agreement approved by City Council: 170 171 5) Searchlights, and other high-intensity narrow-beam fixtures, except 172 when used by the Federal, Commonwealth, or city authorities: and 173 174 ) Light types of limited spectral emission, such as low-pressure 175 sodium or mercury vapor lights. Light sources shall be color- 176 correct types such as halogen, LED or metal halide. 177 178 d) Outdoor lighting requirements. Outdoor site lighting must primarily be used 179 to provide safety, while secondarily accenting key architectural elements 180 and to emphasize landscape features. All lighting fixtures designed or 181 placed to illuminate any portion of a site must meet the following 182 requirements: 183 184 1) In order to direct light downward and minimize the amount of light 4 5 6ZZ :seam buDlaed u! 8ZZ jyhlaq u! poi OE paaoxa saanixy 6u4g5!! Heys aseo ou u! •k! LZZ 9ZZ :I!ounoo Alp Aq pe!j!oads es!ftlayjo ssalun 'awl Apedoad 9ZZ 94110 1aa1(001.) paapuny auo pue (09) A4!J uaaMjaq 17ZZ }yb!aq u! ieei(OZ)AluaMj paaoxa jou Heys asn Tuawiaede EZZ ao Ieguepisaa e o1 ivaoelpe ails Aue aoj saanpgj. buNbq ZZZ pue salod 1ol 6up ped Aue aoj iyb!eq wnwlxew ayl '!!! I.ZZ OZZ :14blay u! leai (p 0 61.Z uaapnoo peeoxe jou rcew lop s!p 1uewpede JO lel4uaplsaa 8l.Z e jo jeaj (0g) Almi umlM pa1eool seinix!} bu! gbll •!! L LZ 91.Z 'iyb!ey u! 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JO auo a s! asn Aiewpd ayj gown uo salpadoad uo 1.61. saanpq joino lin}aq o} paalnbaa jou am slyb!Ipoold 06 L. 69 L. •sapadoad lueoe!pe JO AeM Joiybp wails Aue woad 891. alq!s!n aq lou jsnw pue paleaouoo aq jsnw aoanos }ybll ayl L81. 'amp aieulwila sampqj 44o1no aq ileys saanpgj bugg6!l 991. lie 'sepadoad luaoe!pe quo pue A)ls }yb!u ayl ow! 'Vs 991. 230 v. In no case shall lighting fixtures be less than nine (9) 231 feet or more than fifteen (15) feet in height above the 232 sidewalk in pedestrian areas. 233 234 Sec. 253 Lighting Design Standards for Specific Uses and Site Features 235 236 In addition to complying with all applicable standards in Section 252, General 237 Lighting Requirements, the uses and site features identified in this section shall 238 comply with the standards established for that type of use or site feature. 239 240 ( ) Sports and performance areas shall be equipped with an existing glare 241 control package (e.g., louvers, shields, or similar devices) and focused 242 so that the beams are directed and fall within the primary playing, 243 seating, or performance area. 244 245 I) Wall pack lights on the exterior of the building shall be fully shielded and 246 shall be aimed at least 45 degrees from the horizontal. 247 248 Landscape lighting shall be forward throw fixtures, which direct light 249 toward the interior of the site 250 251 Lighting for piers shall be full cut off fixtures unless required by State or 252 Federal navigation requirements 253 254 Sec. 252. Lighting System Documentation Requirements. 255 256 a) To ensure compliance with the standards of this section, a lighting plan 257 demonstrating how the exterior lighting will comply with the standards of 258 this ordinance shall be included as part of any of the following: 259 fl Site Plans which propose lighting as part of the development for all 260 uses other than one- and two- family development unless waived 261 by the Planning Director; 262 2) Discretionary applications, when requested by staff due to potential 263 impacts on neighboring_properties 264 265 b1 Alternatives to the requirements in Section 252 and 253 may be approved 266 by the Director of Planning when the intent of the ordinance is met 267 through an alternative design. 268 269 ) A lighting plan prepared by a registered engineer, surveyor or other 270 persons duly licensed by the Commonwealth of Virginia to practice as 271 such shall be submitted and include: 272 273 1) Photometric plans with point-by-point, calculated lighting 274 levels shown in foot candles; 275 6 276 2) An information sheet including calculations measured at 277 grade in a 10' x10' grid covering the entirety of the lighted 278 area with ten (10) feet spacing between points, and ten (10) 279 feet beyond the property line with ten (10) feet spacing 280 between points: and 281 282 The type and style shall be provided for all proposed lighting 283 fixtures. Additional information, to include the manufacturing 284 specifications for lighting fixtures, may be required upon 285 request. 286 287 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 0 t h day of September , 20 22 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ‘/4-j\l\axAl s\.1 Planning Depa ent City Attorney's Office CA14632 R-4 June 7, 2022 7 99 ITEM— V.M APPOINTMENTS ITEM#73319 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORYBOARD HOUSING ADVISORYBOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD September 20, 2022 100 ITEM— V.M APPOINTMENTS ITEM#73320 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: LORI ZONTINI (At-Large Representative) Three year term 11/1/2022- 10/31/2025 COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 101 ITEM— V.M APPOINTMENTS ITEM#73321 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: CHARLES HIGHTOWER Three year term 11/1/2022- 10/31/2025 HISTORICAL REVIEW BOARD Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 102 ITEM— V.M APPOINTMENTS ITEM#73322 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: DAMIEN WATSON Two year term 11/1/2022- 10/31/2024 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 103 ITEM— V.M APPOINTMENTS ITEM#73323 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: CLAY BERNICK VINCENT BOWERS Three year term 11/1/2022- 10/31/2025 OPEN SPACE ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 104 ITEM— V.M APPOINTMENTS ITEM#73324 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: MARGUERITE DURAND Unexpired term thru 8/31/2023 Plus four year term 9/1/2023 - 8/31/2027 CAL VERN JACKSON-GREEN Four year term 9/20/2022-8/31/2026 ALEXANDER McDANIEL Unexpired term thru 3/31/2025 And REAPPOINTED HELENA GOURDINE-THORPE One year term 9/1/2022—8/31/2023 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 105 ITEM— V.M APPOINTMENTS ITEM#73325 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: WANDA COOPER Unexpired term thru 6/30/2025 TIDEWATER COMMUNITY COLLEGE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N. D. "Rocky"Holcomb,Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 106 ITEM— V.M APPOINTMENTS ITEM#73326 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: ALFRED R.STEWARD, JR. (City Employee) Unexpired term thru 6/30/2026 GREGORY SMITH (City Employee) Four year term 9/20/2022-8/31/2026 TIDEWATER YOUTH SERVICES COMMISSION Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse September 20, 2022 107 ADJOURNMENT ITEM#73327 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:32 P.M. • Terri . Chelius` Chief Deputy City Clerk ands Barnes,MMC Robert M.Dyer City Clerk Mayor September 20, 2022