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HomeMy WebLinkAboutNOVEMBER 1, 2022 FORMAL SESSION MINUTES ram^". ck44I4 (-, J Ns. cliy VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 1, 2022 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, City Hall, on Tuesday, November 1, 2022, at 3:30 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,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCIL'S BRIEFING CANNABIS CONTROL AUTHORITY OVERVIEW ITEM#73446 3:31 P.M. Mayor Dyer welcomed Jeremy Preiss, Chief of Regulatory Policy & External Affairs Virginia Cannabis Control Authority (CCA) and Ngiste Abebe, Director of Public Policy Columbia Care. Mr. Preiss expressed his appreciation to City Council for their continued support: Cannabis in the Commonwealth An Introduction to Current Cannabis Laws&the Cannabis Control Authori:, Virginia Beach City Council, November 1, 2022 .,."� � £ Cannabis ��►� I uthority The Virginia Cannabis Control Authority (CCA) is an independent, apolitical subdivision of the Commonwealth dedicated to promoting public health and safety and protecting consumers through balanced and inclusive cannabis regulation, policy, and education. Our Mission Statement Cannabis Control // Authority November 1, 2022 3 CITY COUNCIL'S BRIEFING CANNABIS CONTROL AUTHORITY OVERVIEW ITEM#73446 (Continued) The next several slides provide an overview of current Cannabis Laws in Virginia as of July 1, 2022: Cannabis Laws in Virginia* `CLrrent to July 1,2022 Cannabis //♦ ♦ Control Authority What's Legal? Medical Limited Home Limited Possession and Cannabis Cultivation Adult Sharing • An individual with • Cultivation of up to • Possession for medical conditions 4 plants in primary personal use at that meets basic private residence residence for adults qualifications and for those 21+ 21+ has been issued a • Plants must be • Public possession up written certification property labeled to 1 oz for adults 21+ by a licensed • Must not be visible from public areas • Adults 21+can practitioner can privately share up to purchase cannabis • Must be kept out loz of marijuana with products from a of reach of other adults 21+ children, pets without compensation licensed dispensary. a�..;. Cdxwbis ♦ ♦ Control // Authority November 1, 2022 4 CITY COUNCIL'S BRIEFING CANNABIS CONTROL AUTHORITY OVER VIEW ITEM#73446 (Continued) What's Illegal? • Retail sales outside of the Medical Cannabis Program Currently no regulated adult-use retail market in Virginia • Possession of any amount with intent to distribute • Possession or consumption by anyone under 21 • Possession of any amount on school grounds or school bus • Giving marijuana in exchange for something else Whether for money,a physical product,or any reciprocal exchange. • Home cultivation of over 4 plants,or for retail use • Gifting schemes • Public possession of over 1oz of marijuana Possession of over loz and up to 4oz is a civil penalty. Possession of over 4oz and up to llb is a criminal offense(misdemeanor) Possession of over'I lb is a felony • Using or sharing cannabis in public spaces L Cannabis NY Authority Additional Legal Considerations • Don't operate a motor vehicle while cannabis-impaired • Don't consume cannabis or possess an open container while operating a motor vehicle(applies to passenger as well as driver) • Don't use cannabis in public places • Don't use cannabis around children • Don't let anyone under age 21 use cannabis • Don't try to mail or ship cannabis Cannabis �ontrot 40 Authority November 1, 2022 5 CITY COUNCIL'S BRIEFING CANNABIS CONTROL AUTHORITY OVERVIEW ITEM#73446 (Continued) Virginia's Medical Cannabis Program 4,,►d. Cainabis ♦/►� Zstn ity Medical Cannabis Oversight • The Board of Pharmacy currently regulates HOW TO REGISTER FOR VIRGINIA'S Virginia's medical program MEDICAL CANNABIS PROGRAM • There are 8 dispensaries and 4 processors in MUTPA3KQWWPRJIT1ONS` Virginia. • 45,182 Virginians are registered as medical G.I C.TIfIEO BY A LR3MBEO cannabis patients PRACTIONE" • There are also 207 parents/legal guardians and 177 registered agents. MD A LIpIMOS V • What's next? • The Cannabis Control Act of 2021 transferred oversight ' R� of the medical cannabis program to the CCA beginning July 1,2023. --• aMr Al Cannabis ♦ ♦ Control �► Authority November 1, 2022 6 CITY COUNCIL'S BRIEFING CANNABIS CONTROL AUTHORITY OVERVIEW ITEM#73446 (Continued) The next four(4)slides provide an overview of CCA Educational Resources: CCA Educational Resources Cannabis ♦ ♦ Control Authority Statutorily Required Documents • Home cultivation guidance • Responsible consumption of document cannabis resource :Includes safety guidance on :Distinguishes between product home cultivation types Emphasizes distance from Wams of dose and personal children, pets, and neighbors limitations :Provides information about :-Provides warnings for use by statutory guidance, including those under 21, breastfeeding, labeling requirements or driving Cax;abis /�♦ ♦ Control Authority November 1, 2022 7 CITY COUNCIL'S BRIEFING CANNABIS CONTROL AUTHORITY OVERVIEW ITEM#73446 (Continued) Statutorily Required Documents (Cont.) • "Ancillary effects"of cannabis • Health risks associated with use cannabis :Additional consequences that :Impacts on mental health could arise from cannabis use (mood, brain function,overuse) :Can negatively impact housing, :Physical health risks(lung, firearm ownership, educational heart, pregnancy) opportunities,etc. :Populations with greater risk :Employers may terminate or factors(youth, older adults) not hire employees for positive THC drug tests(limited protections for medical cannabis patients) 4�� I[onrrobis ♦ ♦ Contl 1/ Authority Fact Sheet Examples CANNABIS MAIL r � Hemp vs r........«.....r Dos and Don'ts of Medical ;' Marijuana.What's •+� TRAVEL LAWS w r..�..r.r.r O Cannabis use the Difference, 'MM.bpi, DODON'T ...�.rr.r. WAN,=�. .Y r...r W.IHIIIIY rw..r rr.r[rru.r 4t.rNY(� •r•• �• ©...ter+t. r.r..rr. .r.� r....•r......r wr.,, r••r wrrrr. r...rr .w .. wet... O b3 V All. Cannabis ♦4 r Authority November 1, 2022 8 CITY COUNCIL'S BRIEFING CANNABIS CONTROL AUTHORITY OVERVIEW ITEM#73446 (Continued) The next few slides provide the Initial Poll Findings resulting from 738 respondents ages 16 and older: Safe Driving Poll — Summary of Findings Cannabis First Look: Initial Poll Findings Virginians that have used marijuana in the past 3 months 1111) •No•Yes /10,6, Cannabis NY Authority November 1, 2022 9 CITY COUNCIL'S BRIEFING CANNABIS CONTROL AUTHORITY OVER VIEW ITEM#73446 (Continued) First Look: Initial Poll Findings Perception of Danger Tex' Mier rlegal Drugs 53% Alcohol 49% %%Ow'a11.11111111111111111.111111111111111126% Rx Drugs1111111.1113% SDee6ng 11% 0% 10% 2Jb 3C% 40% SO% 52% •Per tent Who IndKated Performing the Action as"Extremely Dangerous' -„- Cannabis //♦ ♦ Control Authority First Look: Initial Poll Findings 30%of Virginians think that 47%of marijuana users don't marijuana makes them a always have a plan for a safer driver sober ride. 24%of Virginians have 14%of Virginians have driven ridden as a passenger in a high a few times a year or car with a high driver more more than one time over the past year. 4010., Cannabis ♦ ♦ Control �� Authority November 1, 2022 10 CITY COUNCIL'S BRIEFING CANNABIS CONTROL AUTHORITY OVER VIEW ITEM#73446 (Continued) Outreach Efforts io •�►• Authority Here are the Outreach Efforts: Connecting with the Public A New CCA Website Town Halls • Accessible information about • The CCA will begin a series of cannabis,public safety initiatives, Town Hall events and board information • At least one Town Hall in every • Downloadable educational health service area of Virginia materials • Beginning Fall 2022,continuing in • Launches November 2022 2023 Engagements/Partnerships Contact us • Local governments/communities • info(a�cca.virginia.gov • All other stakeholders • Join our mailing list at • Connections help CCA carry out cannabis.virginia.gov its mission as regulator,policy "A, Cannabis developer,and educator Control /► Authority November 1, 2022 11 CITY COUNCIL'S BRIEFING CANNABIS CONTROL AUTHORITY OVERVIEW ITEM#73446 (Continued) Questions? Concerns/Perspectives to Share? Contact Mr. Preiss concluded his portion of the presentation and introduced Ms.Abebe who provided an overview of Columbia Care and its operation in Virginia: 1 Cannabis in Virginia Presented by Ng isle Abebe Vice Chair,Public Health Advisory Council to the Cannabis Control Authority VP of Public Policy,Colum bia Care November 1, 2022 12 CITY COUNCIL'S BRIEFING CANNABIS CONTROL AUTHORITY OVERVIEW ITEM#73446 (Continued) Columbia Care is one of the largest cannabis companies providing marijuana for adults and medical use: Who We Are Columbia Care o Founded in 2012 as one of the first m edical cannabis 4 com ponies in DC " _ • o One of them oat experienced operators with licentiea in 18 m arkets across USand EU .__ o Experienced in medical and adult-use markets Our presence in Virginia o Retail through Cannabist ti gLeaf dispensaries o Required by the state to be vertically integrated v..in f. seed-to-sale tracking , y a1•�' o Em ploy nearly 200 individuals acrossatl locations • o Serve medical patients across the state - =' o All dispensary staff are Pharm acists and Pharm acy Technicians o Intentionally chose Virginia Beach location:3.205 111# veterans served across just two dispensaries , s Here is a summary of Medical, Security and Public Health Regulations: Medical Cannabis is Highly Regulated Medical-only program o All patientsm ust see a certifying practitioner before entering the dispensary o More than 45.000 registered patients.increased almost 5x from Jan 2021-Aug 2022 o Regulated by the Board of Pharmacy and will transition to the Cannabis Control Authority in 2029 Security Regulations o Every plant Is tracked from seed to sale o Must be a patient or with•patient in order to enter the dispensary o IDs are checked at least twice—once at the door,once at the counter o Over 150 security cam*resat the cultivation facility and security guards at all dispensary entrances Public Health Regulations o Doses are capped at 10m g of THC o Every product is tested twice by a third-party lab—failed tests are automatically reported to th• regulator by the lab o Productsmust be packaged in child-resistant packaging(we also prioritize suatelnability—most of our packaging Is recyclable) o All labels m ust b•approved by th•regulator and cannot be appealing to children o Advertising Is severely limited November 1, 2022 13 CITY COUNCIL'S BRIEFING CANNABIS CONTROL AUTHORITY OVER VIEW ITEM#73446 (Continued) Understanding Markets Regulated Unregulated Medical Market Delta-8&CBD Illicit Sales I_ Here are the Public Health Advisory Council Updates: Public Health Advisory Council Updates • Youth Use o Impaired Driving o Lack of enforcem ent for ID checks o Lack of dosing requirements for Delta-8 o Unregulated synthetic cannabinoids November 1, 2022 14 CITY COUNCIL'S BRIEFING CANNABIS CONTROL AUTHORITY OVER VIEW ITEM#73446 (Continued) This slide provides Positive Effects of Cannabis: Positive Effects of Cannabis CANNABIS Columba University Receives National Institute on Drug Muse Neseanis Grant to steely Impact of tiledkal Cannabis on°plaid Use m fegaboratbn With Columbia Care "The pilot study showed that 62%of the neuropathy patients decreased or stopped their opioid use while taking Colum bia Care's medical cannabis consistently over a nine-month period' Om.r/IOalaw Omehli A Decade Into Legal erlpariaaO..otaarieg ra. Cannabis.Americans See "- '.._ .. ester ',nail/Atkin As A Net Federal Study Finds Gmabie Beneficial for Poonve For EconomyAnd oTSO Treatment —- -•' ___� Society Thank you! Mayor Dyer expressed his appreciation to Mr. Preiss and Ms.Abebe for the presentation. November 1, 2022 15 CITY COUNCIL LIAISON REPORTS ITEM#73447 4:26 P.M. Council Member Moss advised the public engagement for the proposed Noise Ordinance has been moved from November 10`h to November 16th at Princess Anne High School where there will be a morning and evening session. November 1, 2022 16 CITY COUNCIL LIAISON REPORTS ITEM#73448 (Continued) Council Member Henley advised the Transition Area / Interfacility Traffic Area Citizens Advisory Committee (TA/ITA) is in need of members representing the ITA component and encouraged former Navy pilots who flew within the ITA to apply. Council Member Henley advised the next meeting will be held November 3rd at 5:00 P.M November 1, 2022 17 CITY COUNCIL LIAISON REPORTS ITEM#73449 (Continued) Council Member Henley advised the Open Space Advisory Committee (OSAC) is working on defining the criteria for acquisition of property as well as prioritizing the City's inventory. Council Member Henley expressed she is pleased to see the Committee reactivated and believes it is one of the most successful programs the City has established. November 1, 2022 18 CITY COUNCIL LIAISON REPORTS ITEM#73450 (Continued) Council Member Henley advised the Independent Citizen Review Board's (ICRB) Interview Panel continues to have a difficult time finding eligible applicants to recommend for the two (2) non-voting members who are required to be retired police officers, who served in a City similar to Virginia Beach and has never worked for the City's Police Department. Council Member Henley distributed copies of the proposed Ordinance, "Amend City Code Sections 27-60 and 27-61 Regarding Membership of the Independent Citizen Review Board" and requested Deputy City Attorney Rod Ingram provide further explanation of it, attached hereto and made a part of the record. Mr.Ingram provided a brief explanation of the differences between the state and local requirements and advised the proposed Ordinance will only change local requirements. Mr. Ingram provided the following proposed amendments to the current Ordinance: - The composition may include up to two (2) non-voting members with law enforcement experience - The two (2) non-voting members with law enforcement experience will not be required to be a citizen from Virginia Beach - Removed outstanding judgements from the list of disqualifiers Mr.Ingram advised these proposed changes will add flexibility to the composition requirements and allow the Body to appoint the eleven (11)members who can begin their training as required. Council Member Rouse expressed concern for some of the disqualifying criteria such as citizens with prior convictions for gun violence who have had their rights restored. Council Member Henley reiterated there is no flexibility with the state law requirements, the only changes that can be made are to the City Code. Council Member Moss requested to have all of the requirements provided with the City Code and state laws highlighted in different colors to better understand what the Body has discretion on. November 1, 2022 REQUESTED BY 1 AN ORDINANCE TO AMEND CITY CODE SECTIONS 2 27-60 AND 27-61 REGARDING MEMBERSHIP OF THE 3 INDEPENDENT CITIZEN REVIEW BOARD 4 5 SECTIONS AMENDED: 27-60; 27-61 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Sections 27-60 and 27-61 of the Code of the City of Virginia Beach, Virginia, 11 are hereby amended and reordained to read as follows: 12 13 Sec. 27-60. Establishment of the board and membership requirements. 14 (a) There is hereby created the Independent Citizen Review Board as a law-enforcement 15 civilian oversight body of the Police Department. The board shall consist of eleven 16 (11) members, and may include up to two (2) non-voting members with 17 law-enforcement experience, with a preference for persons with at least fifteen (15) 18 years of law-enforcement investigative experience, all of whom shall be appointed 19 by the City Council and shall serve at the pleasure of the City Council. In accordance 20 with the requirements imposed by Code of Virginia § 9.1-601(E) or its successor 21 provision, any person currently employed as a law-enforcement officer as defined in 22 Code of Virginia § 9.1-101 or its successor provision is ineligible to serve as a 23 member of the board, but a retired law-enforcement officer may serve on the board 24 as an advisory, non-voting ex officio member; provided, however, that such retired 25 officer shall not have been previously employed as a law-enforcement officer by the 26 Virginia Beach Police Department but shall have been employed as a law- 27 enforcement officer in a locality that is similar to the City of Virginia Beach. 28 (b) The membership of the body shall reflect the demographic diversity of the City. 29 Appointees The eleven voting members shall be eligible to vote, reside in the City of 30 Virginia Beach, and should reflect the racial, gender/gender identity, and socio- 31 economic diversity of the City's population and be chosen on the basis of expertise 32 and experience in fields relevant to the performance of the board's duties. The 33 Council shall strive to appoint at least two (2) members under the age of 40. No 34 member shall be a current City employee, but voting members may include former 35 City employees if honorably separated from service for at least five (5) years. 36 Appointments shall be consistent with the membership disqualifiers set forth in the 37 next section of this Code. 1 38 Sec. 27-61. Membership disqualifiers. 39 (a) No person may serve on the Board, in either a voting or nonvoting capacity, if any of 40 the following apply: public office holder or candidate for such office; employed by, or 41 immediate family member of someone employed by the City; current employee of 42 any law enforcement agency; convicted felon (unless rights have been restored and 43 the felony conviction did not involve moral turpitude, a sex offense, domestic assault, 44 offenses involving children as victims, gun violations or any crime of violence as 45 defined in Code of Virginia § 18.2-288 or its successor provision); a person convicted 46 of any misdemeanor involving moral turpitude, sex offense, domestic assault, or 47 offenses involving children as victims or gun violations; currently or previously subject 48 to a protective order; less than honorable discharge from the military; multiple DUI 49 convictions within ten (10) years; any pending criminal charges/adjudication; 50 pending litigation against the City by the appointee or 51 immediate family member; or pending litigation against a law enforcement officer by 52 the appointee or immediate family member. For the purposes of this section, the term 53 "immediate family" shall be defined as set forth in Code of Virginia § 2.2-3101 or its 54 successor provision. 55 (b) Any appointee shall promptly self-report changes in circumstances that may cause 56 him or her to be disqualified. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15965 R-1 October 31, 2022 2 19 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73451 4:41 P.M. Council Member Henley requested a presentation be scheduled on an upcoming Agenda to update the Body on the Offshore Wind Project. November 1, 2022 20 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73452 (Continued) Council Member Tower advised he attended a performance at Ballet Virginia and was impressed with the quality of their performance. Council Member Tower advised there is a misconception that they are a Norfolk organization and while their studio is in Norfolk, sixty(60)percent of the 425 students enrolled in their academy are residents of Virginia Beach and they are the resident company of the Sandler Center. Council Member Tower advised the Director shared with him they would like to move the studio to the City and encouraged the Body continue their support. November 1, 2022 21 AGENDA REVIEW SESSION ITEM#73453 4:55 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 9+/- acres of City-Owned Farmland at 2848 Indian River Road for up to five (5)years with Dawley Family Farms, LLC 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 186+/-acres of City-Owned Farmland on Indian River Road and North Landing Road for up to five (5)years with Land of Promise Farms Partnership 3. Resolution to REQUEST the Virginia Beach School Board participate in the upcoming Disparity Study(Requested by Council Members Holcomb,Miles, and Rouse) 4. Ordinance to AWARD a $5,000 Community Services Micro-Grant to Speak Up for a Change re support hunger relief and other charitable activities (Requested by Council Member Miles) 5. Ordinance to AWARD a$5,000 Community Services Micro-Grant to Christian Resource Center re support its community resource center operations(Requested by Council Member Miles) 6. Ordinance to AMEND City Code Section 35-42 re administration of disabled veteran personal property tax exemptions(Requested by Commissioner of Revenue) 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Drainage and Maintenance Easements located at the rear of 780 Los Colonis Drive re construct and maintain two (2) wood docks,flexamat ramp,two (2) wood bulkheads, and a gravel driveway,and to convert an existing floating dock to a fixed dock, and to maintain an existing wood dock,gravel fire pit, and rip-rap DISTRICT 2(Formerly District 7—Princess Anne) 8. Resolution to ESTABLISH Pahala Park, LLC d/b/a Coastal Event Medical Management and AUTHORIZE annual EMS Permit re private ambulance services 9. Ordinance to ACCEPT and APPROPRIATE $126,000 from Federal Funds to the FY 2022-23 Police Department Operating Budget re training and travel to enhance law enforcement mental health and wellness programs 10. Ordinance to ACCEPT and APPROPRIATE$35,000 from State Funds to the FY 2022-23 Police Department Operating Budget re overtime, the purchase of equipment, travel, and training to enhance efforts to address internet crimes against children November 1, 2022 22 AGENDA REVIEW SESSION ITEM#73453 (Continued) 11. Ordinance to TRANSFER$100,000 from the General Fund Reserve to the Department of Housing and Neighborhood Preservation re conduct an updated housing study with a focus on development of a strategy for affordable housing 12. Ordinance to TRANSFER four(4)positions and associated funding from the Department of Human Services re support purchasing and Public Works staffing needs for construction projects K. ORDINANCES/RESOLUTIONS: ITEM#6 WILL BE CONSIDERED SEPARA TEL Y ITEM#9 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEMS#11 AND#12 November 1, 2022 23 AGENDA REVIEW SESSION ITEM#73453 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. CARL JOSEPH& VICTORIA MATHER TREMAGLIO for a Street Closure re 7.5-foot by 50- foot portion of an unimproved alley adjacent to 209 55`h Street DISTRICT 6(Formerly District 5—Lynnhaven) 1. November 1, 2022 24 ITEM#73454 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 2-formerly Princess Anne District • District 3-formerly Rose Hall District PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Project Sand 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). • Lynch v. City of Virginia Beach 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 November 1, 2022 25 ITEM#73454 (Continued) Upon motion by Council Member Moss, seconded by Council Member Branch, City Council voted to proceed into CLOSED SESSION at 4:49 P.M. Voting: 11-0 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,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 4:49 P.M. — 5:00 P.M. Closed Session 5:00 P.M. — 5:57 P.M. November 1, 2022 26 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL NOVEMBER 1,2022 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, November 1, 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,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION: Reverend Pastor Todd Woolston Real Life 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. November 1, 2022 27 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. November 1, 2022 28 VI.E CERTIFICATION ITEM#73455 Upon motion by Council Member Moss, seconded by Vice Mayor Wilson, 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.• 11-0 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, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 Uw, - 5 CF\OUR 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#73454 on Page 25 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3 712 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. Amanda Barnes, MMC City Clerk November 7, 2022 29 ITEM— VLF.1 MINUTES ITEM#73456 Upon motion by Council Member Miles, seconded by Council Member Moss, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 18, 2022 Voting: 11-0 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,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 30 ITEM— VLF.2 MINUTES ITEM#73457 Upon motion by Council Member Miles, seconded by Council Member Moss, City Council APPROVED the MINUTES of the FORMAL SESSION of October 25,2022 Voting: 11-0 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,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 31 ITEM— VLG.1 MAYOR'S PRESENTATIONS ITEM#73458 PROCLAMATION COLOR THE WORLD ORANGE DAY Mayor Dyer read the Proclamation declaring November 7, 2022 as, "COLOR THE WORLD ORANGE DAY"to recognize and bring awareness to Complex Regional Pain Syndrome(CRPS)also known as Reflex Sympathetic Dystrophy(RSD) which is a nerve disorder causing chronic pain. Mayor Dyer called on all citizens to acknowledge the CRPS/RSD community as they celebrate the ninth annual Color The World Orange Day to hep spread awareness of the painful and debilitating disease. November 1, 2022 0141A•BE,q * , r Op OUR NAror 11 t' r 0 tlanlat CompleX tggtonaf Pain Syndrome(CR PS),also known as f(exSympathetic(Dystrophy(5D)is a nerve disorder that causes chronic pain;and Whereas: The symptoms of CS/XYD are often described as burning that is out of proportion to the severity of the initial injury and can include swelling and extreme sensitivity to touch;and Where= While C'1ZPS/c q,was first identfied during the Civil War,it remains a poorly understood condition.There is no cure;and Whereas: The Nationaf Institute of NeurofogicafDisorders and Stroke and other institutes of the National Institutes of9-fealth support research relating to CRAPSA,ScD;and Whereas: Members of tie C1j S/rR,SD community will spread awareness in November;and Now,7TrerefOrr I,Robert M. "Bobby"Dyer,Mayor of the City of'Virginia Beach, Virginia,do hereby proclaim: Novem6er 7, 2022 Color'The Worfi OraWodi Orange Day In Virginia Beach,andl encourage all citizens,to join me in acknowledging the C ,S/12,ScD community as they celebrate the ninth-annual Color The World Orange Day to help spread awareness of this painfuf and de6ilitating disease. In Witness 'GI hereof I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, `Virginia, to 6e affixed this first Day of November,Two Thousand and Twenty-Two. • 7°EddfrTIP)‘1""(-1 Rp6ert M. "Bo66y"(Dyer Mayor 32 ITEM— VLG.2 MAYOR'S PRESENTATIONS ITEM#73459 RESOLUTION VB SIGN WARS On behalf of Mayor Dyer, Council Member Berlucchi welcomed Brandon "Shaggy"Stokes and presented the Resolution, "VB SIGN WARS" to recognize the City's Sign Wars intention for promoting small businesses through humorous messages posted on business signs. Mr. Stokes expressed his appreciation to City Council for this recognition and their continuous support of small business owners throughout the City. November 1, 2022 `/„, .1;:xt SsdSO, o rJ CF Of/N Nta0* RESOLUTION WHEREAS:Most of you are probably aware of the Sign Wars that have been sweeping Virginia Beach lately. In August, the Sign Wars started with Cinema Cafe asking Haygood Skating Center if it wanted to have a sign war. The Haygood team responded with a message to Cinema Cafe that said, "Hey Cinema Cafe!No one falls asleep while skating."The Sign Wars is racking up views,and hilarious comments,on social media.Nearly 200 businesses have joined the "wars" and other cities are starting to chime in. Virginia Beach wants in on the fun and so instead of posting signage,we'd like to say that: WHEREAS:The City of Virginia Beach has no idea why two of our lifeguards thought they could make pizza,much less that Chichos would spread throughout the region;and WHEREAS:Fuddruckers is a Virginia Beach leader in Christmas Cards received from local cardiologists;and WHEREAS:H000000 really goes to Hooters just for the wings;and WHEREAS: Haygood United Methodist Church has had so many names, it is only by divine intervention that its parishioners have been saved from an identity crisis;and WHEREAS:The movie industry was so affected by COVID-19, Virginia Beach feels like any of the many things we could say about the Pembroke Meadows Cinema Cafe would be piling on;and WHEREAS:The Haygood Skating Center continues to provide great fun for the entire family that immediately precedes a trip to the emergency room. NOW THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council pause in its deliberations to recognize VB Sign Wars for their efforts to promote small business and comradery.As we all know,these past few years have been filled with uncertainty and negativity. VB Sign Wars was created to lift spirits and bring some humor back into our community.Furthermore,every August there will be an annual VB Sign War to commemorate the resilience and unity of our City. Given by the Council of the City of Virginia Beach, Virginia the 1st day of November 2022 and present this Resolution duly signed by each Member of the Virginia Beach City Council. 144 nLe Counci(Mem6er Muhae(F:Ber(ucchi Council'9Kem6er Linwood 0.Branch Council'Wernher Bar6ara 9K..?(en(ey 11 (" .Q Counci(Mem6er "Kocky"7(o(com6 CounciCMem6erDe(ceno C.%fifes o nci[9btem6erJohn .Moss o em6erAaron�j,Rpuse Counc(Member Guy x Tower Counczt'94emberSa6rina CD.'Wooten ViceMayor4�ys aryWi(son Mayor 6ert Bo66y"Dyer 33 ITEM— VI.G.3 MAYOR'S PRESENTATIONS ITEM#73460 RESOLUTION HOPE HOUSE FOUNDATION On behalf of Mayor Dyer, Council Member Berlucchi welcomed Lynne Seagle and presented the "HOPE HOUSE FOUNDATION RESOLUTION"to recognize Ms. Seagle for her leadership as Executive Director of Hope House Foundation since 1982 and the Foundation which has served to provide affordable housing for people with intellectual and developmental disabilities. Ms. Seagle led the change from providing housing for people living in group homes in the mid-1980's to providing them with apartments by 1995. Since then, Ms. Seagle was sought out by organizations across the United States, Canada, Asia and the United Kingdom requesting her insight and leading to her partnership with the National Leadership Consortium on Developmental Disabilities. Ms. Seagle's has been recognized by several organizations over decades for her tireless commitment and leadership resulting in her being awarded the Outstanding Lifetime Achievement Award,Honoree—National Historical Recognition Project,Advocacy Award,Future Leaders Award, Leadership Award and Administrator of the Year. Council Member Berlucchi expressed his appreciation and wished Ms. Seagle a well deserved retirement. Ms. Seagle expressed her appreciation to City Council for this recognition and for recognizing how rich a community is when everyone is included. Ms. Seagle advised the voices and talents of those with disabilities is often underrated and unseen and expressed this is truly an honor. November 1, 2022 ter` °f OUR hO° RESOLUTION WHEREAS:It is doubtful that one could find an individual who has impacted the disability field as demonstrably and for as long a period of time as Lynne Seagle, who joined Hope House Foundation in 1978 and has been the executive director since 1982.It is not an exaggeration to say that Seagle has devoted close to half a century to her passion—the full inclusion and participation in the community of people with intellectual and developmental disabilities;and WHEREAS:In the mid-1980s,Seagle led Hope House Foundation to move the agency from providing support to people in group homes to what they stated was their housing preference. The majority of people arrived at Hope House from state-run institutions. When asked how they would prefer to live, the majority indicated that they preferred their own apartments—an unheard concept at the time. Motivated by these passionately stated preferences, Seagle began what would become decades-long leadership on inclusivity and person-centered services.By 1995, all persons supported by Hope House lived in their own apartments,a first in Virginia;and WHEREAS:With the dearth of affordable,safe housing becoming increasingly challenging as the early 2000s wore on, Hope House knew it needed funding to purchase apartment buildings that would provide affordable housing not only to Hope House consumers,but to the community at large—an innovation that created inclusive communities where people with and without disabilities live and interact;and WHEREAS:As Lynne emerged as a leader in the inclusivity field well beyond Virginia, demand for her insights and assistance grew. Over the years,she has provided consulting services to organizations throughout the United States as well as in Canada,Asia and the UK And,since its inception in 2006,she has been a leading partner in The National Leadership Consortium on Developmental Disabilities, which was formed to address a void in the leadership of organizations providing services to people with intellectual disabilities;and WHEREAS:It is one thing—and certainly not a small thing—to effect change within one's organization, and her accomplishments in closing group homes;galvanizing a board and staff to embrace massive challenges; and raising private funds to support people with disabilities when government funds proved insufficient or nonexistent is clear;and WHEREAS:In 2021,Lynne was awarded the Outstanding Lifetime Achievement Award by The Arc for her leadership resulting in a significant improvement in supports, services, opportunities, and community inclusion for people with intellectual and developmental disabilities and their families.Seagle's influence has also been applauded over the years by a multitude of professional organizations in the intellectual and developmental disability field: • 1986:Administrator of the Year, Virginia Community Living Association • 1990:Leadership Award,American Association on Intellectual Disabilities • 1995:Future Leaders,Joseph P.Kennedy Foundation • 2019:Advocacy Award, The Arc of Virginia • 2019:Honoree,National Historical Recognition Project NOW THEREFORE, BE IT RESOLVED:For those of us who have benefited from her leadership along with the thousands of people with disabilities who have benefited from her lifelong passion, we say a hearty Thank You!And, enjoy your well-deserved retirement. BE IT FURTHER RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize Lynne Seagle and applaud her for her selfless contributions and nourishment that has aided in the success of individuals through the Hope House Foundation. Given by the Council of the City of Virginia Beach, Virginia the 1st day of November 2022 and present this Resolution duly signed by each Member f the 'nia Be City Council. Council'Wernher JKickae( Bei1uccfii Council'Wernher Linwood O.Branch Council-Wernher Bar6ar M.Jlenky Council .d N(D. "Rocky"JColcom6 Council'Wernher(Delceno C.Mfrs ncil�� em6erJo n(D.Moss Co, Mem er n mouse Cou Member guy X Tower ' Wem6erSa6rina D.Wooten Vice Mayor ry`Wilson Mayor&6e744/4 Bob "Dyer 34 ITEM— VLH.1 PUBLIC COMMENT ITEM#73461 Mayor Dyer DECLARED a PUBLIC COMMENT: 2023 PROPOSED LEGISLATIVE AGENDA The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION The following speakers spoke in support of the proposed Policy Statement for Women's Right to Reproductive Healthcare: Carla Hesseltine, 720 Downing Lane, Phone: 651-3530 Terry Stevens, 312 Shad Lane, Phone: 647-4705 Rabbi Israel Zoberman, 905 Brookbury Court, Phone: 617-0334 Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003 Cat Porterfield, 219 57th Street, Phone: 323-6430 There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT November 1, 2022 35 ITEM— VLI.1 PUBLIC HEARINGS ITEM#73462 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED CHARTER AMENDMENT Filling vacancies on City Council The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 1, 2022 36 ITEM— VI.I.2 PUBLIC HEARINGS ITEM#73463 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION,BY AGREEMENT OR CONDEMNATION Winston-Salem Avenue Corridor Improvements Project The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 1, 2022 37 ITEM— VLI.3 PUBLIC HEARINGS ITEM#73464 Mayor Dyer DECLARED a PUBLIC HEARING.• LEASE OF CITY PROPERTY—AGRICULTURAL PURPOSES 9 +/-acres located at 2848 Indian River Road 186 +/-acres located at 3419 North Landing Road The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 1, 2022 38 ITEM— VLJ FORMAL SESSION AGENDA ITEM#73465 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/Resolutions K: 1, 2, 3, 4, 5, 7, 8, 10, 11 and 12 and Planning Item L.1 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolutions K:1,2,3,4, 5, 7, 8,10,11 and 12 and Planning Item L:1 Voting: 11-0 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,Aaron R. Rouse, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None K. ORDINANCES/RESOLUTIONS: ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#9 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER MOSS VOTED VERBAL NAY ON ITEMS#11 AND#12 November 1, 2022 39 ITEM— VLK.1 ORDINANCES/RESOLUTIONS ITEM#73466 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 9+/-acres of City- Owned Farmland at 2848 Indian River Road for up to five (5)years with Dawley Family Farms, LLC Voting: 11-0 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,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR 9+/- 3 ACRES OF CITY-OWNED FARM LAND LOCATED 4 AT 2848 INDIAN RIVER ROAD (THE "SCHOOL 5 FARM") FOR UP TO FIVE (5) YEARS WITH 6 DAWLEY FAMILY FARMS, LLC 7 8 WHEREAS, the City of Virginia Beach (the "City") owns property located at 2848 9 Indian River Road in Virginia Beach, Virginia, consisting of 26+/- acres (GPINs: 1493- 10 43-2693 and 1493-43-0050) (the "Property"); 11 12 WHEREAS, the City acquired the Property pursuant to the ITA Acquisition 13 Program, an element of the City's BRAC response program through a partnership with 14 the Commonwealth of Virginia (the "Commonwealth"), with each party contributing 50% 15 of the funds; 16 17 WHEREAS, a portion of the Property consisting of 9+/- acres (the "Premises") 18 has been used for farming and agricultural purposes since its acquisition, and continued 19 farming of the Premises would benefit the City by alleviating the City's maintenance 20 responsibilities and keeping the Property from devolving into wetlands in an undesirable 21 area; 22 23 WHEREAS, the City issued a Request for Proposals ("RFP") for continued 24 farming of the Premises and received one submittal from Dawley Family Farms, LLC, a 25 Virginia limited liability company ("Dawley"); 26 27 WHEREAS, Dawley has been leasing the Premises from the City for the past five 28 years and desires to continue leasing the Premises for farming and related agricultural 29 purposes; and 30 31 WHEREAS, Dawley has agreed to pay the City rent in the amount of $270 32 annually, along with payment of leasehold taxes. 33 34 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 1. That the City Manager is hereby authorized to execute a lease for up to 38 five (5) years between Dawley Family Farms, LLC and the City for the Premises, in 39 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 40 hereof, and such other terms, conditions, or modifications as may be acceptable to the 41 City Manager and in a form deemed satisfactory by the City Attorney. 42 43 2. That revenue from the lease of the Premises in the annual amount of $270 44 shall be received and fifty percent (50%) of this amount shall be deposited for 45 appropriation in future Capital Improvement Program capital budgets in #100282, 46 Oceana & ITA Conformity & Acquisition II, and fifty percent (50%) shall be deposited for 47 future payment by the City Manager to refund the Commonwealth's portion in 48 accordance with the grant agreement. 49 50 This ordinance shall be effective from the date of its adoption. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 S t day of 53 November , 2022. APPROVED AS TO CONTENT APPROVED AS TO CONTENT Public WorksIFacilit1 s Management B get an a{iagement Services APPROVED AS TO LEGAL SUFFICIENCY AND FORM CA15632 11vbg ov.co mldf s 11a police o n s ti c l tylawlcycom321wp d ocs ld0171p04210083 7E1 03.doc R-1 October 18, 2022 EXHIBIT A SUMMARY OF TERMS LEASE FOR A 9+/- ACRE PORTION OF CITY-OWNED FARM LAND LOCATED AT 2848 INDIAN RIVER ROAD LESSOR: City of Virginia Beach LESSEE: Dawley Family Farms, LLC PREMISES: 9+/- acres of farm land located at 2848 Indian River (Portion of GPINs: 1493-43-2693 and 1493-43-0050) TERM: Five (5) years (January 1, 2023 through December 31, 2027) RENT: $270/annually (approximately $30/acre per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Pay all leasehold taxes. • Use Premises for agricultural purposes such as farming, and for no other purpose. • Maintain Premises in a good farm-like manner, including prevention of deterioration or waste accumulation. • Keep all equipment and improvements placed upon Premises in a safe, clean, and orderly condition. • Purchase and maintain insurance coverage acceptable to the City. RIGHTS AND RESPONSIBILITIES OF CITY: • City may enter upon the Premises without written prior notice, after it has been determined that an emergency exists. TERMINATION: • City may terminate upon: (a) thirty (30) days' notice if the Premises is not maintained in a farm-like manner or if allowed to deteriorate; and (b) ninety (90) days' notice for any reason, subject to a mutually agreed upon sum to cover any planted crop unable to be harvested due to the City's termination. LOCATION MAP - Lr r'°�y'7_' i. '� is `; iik .-,-,.',- .1'', — '- '- 77 . flOttk •••'4"A.,,,*,01- --,-.-,-.., f .., „tr,\ . , , ,,. -._, , c- -: ._ . , 407,„:,. _ 4 ri.. . ./0, , .,f. ,tir„...,--7! • — ' .- i'\ - .-31;,, f.--, , , , op. -,. .._ \ ‘,. ,„ ,tsi -,i. .r, . ,.),- .-,, 4,.',4,.. iipi,,T4 ,. ... , ' _ '‘,,,etel . • • •*-114jr;"..,... .....1,--W"- - Ai'.'Or .- --..-.0,..,"r• 4,,, ,,, i. • ' , . - . • 1p \.. "- ,St .f- `,.,... }c,VA th J'J�•f r- 1 - e.t1 X✓ - 1-tw .r.. ia �" 4r`" 1 IA r 15 �� `.. •J �� �l !� „rtz.. i `G`-,#- q- :.tea • y`y .•,, • tttttit- 0 *,1 c „. 1 N 7 %Imi4-'-'l',"'‘%,, •S Ailr .• ,4-r l'„,,,"" ors• et.4 r; . . - . *, / ,,..... _i,„,,,,/,,-.4,•-„..-4.,•, 1,,,,, ,,,, - .<-1--: '.'.;:;;;''l'A..'3.trAii?1::;)7' :A• Itia , IC9(- - '.4. a...• - 4,,. School Farm - 2848 Indian River Road t .. ; •,, Portions of GPINs: - • 1493-43-2693 & 1493-43-0050 ...L' � '• =' " ,.• • • ,: F 1 '7. P ..v. .,.. i, ,-. - 4 w .. ' * -' 4 • . , .,,, • , • •. . 'fit / . • ItICINS• --'s. ,,s._ 7 f., - ri-N. , AA } + f M 4 To North Landing Roadii';•44i ` "4-. l nd/dn R/v .4' - �'f t a- • .' r .. -- fie( o 40 ITEM— VLK.2 ORDINANCES/RESOLUTIONS ITEM#73467 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 186 +/- acres of City-Owned Farmland on Indian River Road and North Landing Road for up to five(5)years with Land of Promise Farms Partnership Voting: 11-0 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,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE WITH LAND OF 3 PROMISE FARMS PARTNERSHIP FOR FIVE (5) 4 YEARS FOR 186+/- ACRES OF CITY-OWNED 5 FARM LAND LOCATED ON INDIAN RIVER ROAD 6 AND NORTH LANDING ROAD 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 186+/- acres of 9 farm land located on Indian River Road and North Landing Road, formerly known as 10 Brenneman Farm, in Virginia Beach, Virginia (the "Premises"); 11 12 WHEREAS, the City acquired the Premises pursuant to the ITA Acquisition 13 Program, an element of the City's BRAC response program through a partnership with 14 the Commonwealth of Virginia (the "Commonwealth"), with each party contributing fifty 15 percent (50%) of the funds; 16 17 WHEREAS, Land of Promise Farms Partnership, a Virginia general partnership 18 ("Land of Promise Farms"), has been leasing the Premises from the City for agricultural 19 purposes and desires to enter into a new lease agreement to continue to utilize the 20 Premises for agricultural purposes, and for no other purpose; and 21 22 WHEREAS, Land of Promise Farms has agreed to pay the City a rental rate of 23 $27,900.00 for the first year of the lease; $28,830.00 for the second year of the lease; 24 $29,760.00 for the third year of the lease; $30,620.00 for the fourth year of the lease 25 and $31,620.00 for the fifth year of the lease, along with payment of leasehold taxes. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for five (5) years 31 between Land of Promise Farms Partnership and the City for the Premises, in 32 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 33 hereof, and such other terms, conditions or modifications as may be acceptable to the 34 City Manager and in a form deemed satisfactory by the City Attorney. 35 36 That the total revenue from the lease of the Premises, in the amount of 37 $148,730.00, shall be received and fifty percent (50%) of this amount shall be deposited 38 for appropriation in future Capital Improvement Program capital budgets in PG100282 39 (formerly CIP 9-059), Oceana Interfacility Traffic Area Conformity and Acquisition II, and 40 fifty percent (50%) shall be deposited for future payment by the City Manager to refund 41 the Commonwealth's portion in accordance with the grant agreement. 42 43 This ordinance shall be effective from the date of its adoption. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day of 46 November , 2022. APPROVED AS TO CONTENT APPROVED AS TO CONTENT a Jam../, Budget and anagement Services Public Work(IFacilities Management APPROVED AS TO LEGAL SUFFICIENCY AND FORM L1104,4. irk ozA✓ City Attorney CA15633 R-12021.1Wbgov.comldfs 1 kapplicationstoitylawlcycom321wpdocski0271p042100760736.doc October 19, 2022 EXHIBIT A SUMMARY OF TERMS LEASE FOR 186+/- ACRES OF CITY-OWNED FARM LAND LOCATED ON INDIAN RIVER ROAD AND NORTH LANDING ROAD LESSOR: City of Virginia Beach LESSEE: Land of Promise Farms Partnership, a Virginia general partnership PREMISES: 186+/- acres of farm land located on Indian River Road and North Landing Road (GPIN: 1483-95-6756) TERM: January 1, 2023 — December 31, 2027 RENT: $27,900.00 for the first year; $28,830.00 for the second year; $29,760.00 for the third year; $30,620.00 for the fourth year and $31,620.00 for the fifth year. TAXES: Lessee shall receive a rent offset credit from Lessor in an amount equal to the annual real estate tax assessed by City and paid by Lessee upon the Lessee's leasehold interest in the Property, pursuant to Section 58.1-3203 of the Code of Virginia. For 2023, that amount is $462.34 based on the current tax assessment. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes and for no other purpose. • Maintain Premises in a good farm-like manner, including prevention of deterioration and waste accumulation. • Keep all equipment and improvements placed upon Premises in a safe, clean and orderly condition. • Purchase and maintain workers compensation insurance, commercial general liability insurance and automobile liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • May enter upon the Premises without written prior notice after it has been determined that an emergency exists. TERMINATION: • City may terminate by giving ninety (90) days' advance written notice, with payment for any growing crops unable to be harvested as a result of the termination. EXHIBIT A z ---, . North Landing Road - .: � i ,f�.1,- , *, �` M N ^4•. *, s ..tom r 4 ., s -. F., , =r '_w n -* M Sn A *4-, V 'yam ! �" a . t l� kt.41 i ... •: %. NW �r ,.4U ...�z 0. 'nd t= 4 of,: ' t 4 c fan River - Y •* 4. - ,„, ... ''. 080i .- *........_ ;',,A zi. "„titior. 1 '1 ... .o,'v ,.•i01, , ._'l , - ' ats r - -*aye t -w . t f' S' t �.... ii • w` ' 'tea W • .Ntlil, 4' if j _i.,.t v i��y,, _ t ai _ J :ter c Approximately 186 Acres of Farmland (GPIN: 1483-95-6756) to be Leased to Land of Promise Farms Partnership by the City of Virginia Beach 41 ITEM— VLK.3 ORDINANCES/RESOLUTIONS ITEM#73468 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED,BY CONSENT, Resolution to REQUEST the Virginia Beach School Board participate in the upcoming Disparity Study(Requested by Council Members Holcomb, Miles, and Rouse) Voting: 11-0 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,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 REQUESTED BY COUNCILMEMBERS HOLCOMB, MILES, AND ROUSE 1 A RESOLUTION TO REQUEST THE VIRGINIA BEACH 2 SCHOOL BOARD PARTICIPATE IN THE UPCOMING 3 DISPARITY STUDY 4 5 WHEREAS, the City completed its first disparity study, and the results of this study 6 were released in January 2019 and have provided the impetus for the City to undertake 7 various actions to improve the participation of minority-owned, woman-owned, service- 8 disabled veteran-owned, and small businesses; 9 10 WHEREAS, the FY 2022-23 Operating Budget includes funding for the City to 11 undertake a second disparity study; 12 13 WHEREAS, the City's Minority Business Council (MBC)was presented with a report 14 from the Virginia Beach City Public Schools (VBCPS) regarding small and minority 15 business participation in VBCPS contracts at the MBC's September meeting; 16 17 WHEREAS, at its October meeting, the MBC adopted a motion requesting the City 18 Council formally request the participation of the School Board in the upcoming disparity 19 study; 20 21 WHEREAS, the City Council has provided $500,000 for the second disparity study 22 and, if the School Board agrees to participate in the disparity study, the City Council would 23 request a 50/50 cost share for amounts above the $500,000; 24 25 WHEREAS, the City Council believes the School Board would benefit from 26 participation in the City's upcoming disparity study; 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Council requests the Virginia Beach School Board adopt a resolution 32 indicating the willingness of the School Board to participate in the City's upcoming 33 disparity study. Adopted by the City Council of the City of Virginia Beach, Virginia, this 1 s t day of November , 2022. APPROVED AS TO LEGAL SUFFICIENCY: ity ney's Office CA15949 R-1 October 18, 2022 42 ITEM— VLK.4 ORDINANCES/RESOLUTIONS ITEM#73469 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED,BY CONSENT, Ordinance to AWARD a $5,000 Community Services Micro-Grant to Speak Up for a Change re support hunger relief and other charitable activities(Requested by Council Member Miles) Voting: 11-0 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,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 REQUESTED BY COUNCILMEMBER MILES 1 AN ORDINANCE TO TRANSFER $5,000 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO 3 NON-DEPARTMENTAL "OPPORTUNITY GRANTS" AND 4 TO AUTHORIZE A COMMUNITY SERVICE MICRO-GRANT 5 TO SPEAK UP FOR A CHANGE 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $5,000 is hereby transferred from the General Fund Reserve for Contingencies 11 to Non-Departmental "Opportunity Grants." 12 13 2. A Community Service Micro-Grant in the amount of$5,000 is hereby awarded 14 to Speak Up For A Change to support hunger relief and other charitable 15 activities. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of November , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu get and Management Services Cit orn 's ffice CA15952 R-1 October 19, 2022 43 ITEM— VI.K.5 ORDINANCES/RESOLUTIONS ITEM#73470 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED,BY CONSENT, Ordinance to AWARD a $5,000 Community Services Micro-Grant to Christian Resource Center re support its community resource center operations(Requested by Council Member Miles) Voting: 11-0 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,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 REQUESTED BY COUNCILMEMBER MILES 1 AN ORDINANCE TO TRANSFER $5,000 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO 3 NON-DEPARTMENTAL "OPPORTUNITY GRANTS" AND 4 TO AUTHORIZE A COMMUNITY SERVICE MICRO-GRANT 5 TO CHRISTIAN RESOURCE CENTER 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $5,000 is hereby transferred from the General Fund Reserve for Contingencies 11 to the Non-Departmental "Opportunity Grants." 12 13 2. A Community Service Micro-Grant in the amount of$5,000 is hereby awarded 14 to Christian Resource Center to support its community resource center 15 operations. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day Of November 2022 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Managemen Services C. y s Office CA15953 R-1 October 19, 2022 44 ITEM— ORDINANCES/RESOLUTIONS ITEM#73471 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in SUPPORT Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED Ordinance to AMEND City Code Section 35-42 re administration of disabled veteran personal property tax exemptions(Requested by Commissioner of Revenue) Voting: 11-0 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, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 1 AN ORDINANCE TO AMEND SECTION 35-42 OF 2 THE CITY CODE REGARDING THE 3 ADMINISTRATION OF DISABLED VETERAN 4 PERSONAL PROPERTY TAX EXEMPTIONS 5 6 Section Amended: § 35-42 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT 10 11 Section 35-42 of the City Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 35-42. - Administration of tax exemption program for disabled veterans, 15 surviving spouses of servicemembers killed in action, and surviving spouses of 16 certain first responders killed in the line of duty; application of exemption 17 programs to special service districts; disabled veteran personal property 18 exemption. 19 20 (a) The disabled veteran real property tax exemption, surviving spouse of 21 servicemembers killed in action, and surviving spouse of certain first responders killed 22 in the line of duty programs shall be administered by the commissioner of the 23 revenue. The commissioner of the revenue shall administer these programs in 24 accordance with the Virginia Constitution and the Virginia Code. 25 26 (b) For the programs described in subsection (a), the exemption or partial exemption 27 authorized by the General Assembly shall extend in the same manner to any 28 additional levies imposed by special service districts. 29 30 (c) The disabled veteran personal property exemption authorized by Virginia Code § 31 58.1-3668 shall be administered by the commissioner of the revenue. The 32 commissioner of the revenue shall administer this program in accordance with the 33 Virginia Constitution and the Virginia Code. Any applicant seeking such exemption 34 shall make an application to the commissioner of the revenue. The application shall 35 allow the applicant to note which vehicle is owned and used primarily by or for the 36 eligible veteran, and a re-application is required if the veteran desires to change the 37 vehicle subject to the exemption among the vehicles owned and used primarily by or 38 for the eligible veteran. The effect of such re-application and the resulting change of 39 vehicle subject to the exemption shall be prospective only. Such application shall 40 include information sufficient for the commissioner of the revenue to determine initial 41 eligibility, and the commissioner shall confirm continuing eligibility for such exemption 42 every three years thereafter. 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of November , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / ...---- Commissioner of Revenue tt ey's Office CA15940 R-1 October 3, 2022 45 ITEM— VI.K.7 ORDINANCES/RESOLUTIONS ITEM#73472 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Drainage and Maintenance Easements located at the rear of 780 Los Colonis Drive re construct and maintain two (2) wood docks,flexamat ramp, two (2) wood bulkheads, and a gravel driveway, and to convert an existing floating dock to a fixed dock, and to maintain an existing wood dock, gravel fire pit, and rip-rap DISTRICT 2 (Formerly District 7—Princess Anne) Voting: 11-0 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, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY-OWNED DRAINAGE 6 AND MAINTENANCE EASEMENTS, 7 LOCATED AT THE REAR OF 780 LOS 8 COLONIS DRIVE 9 10 WHEREAS, John Payne (the "Applicant") has requested permission to 11 construct and maintain two (2) 4' x 12' wood docks, 10' x 20' flexamat ramp, two (2) 2.5' x 12 16'wood bulkheads, and a 10'x 43.97'gravel driveway, and to convert an existing 11'x 23' 13 floating dock to an 11' x 23' fixed dock, and to maintain an existing 12' x 16' wood dock, 14 16.20' x 16.24' gravel fire pit, and rip-rap(collectively, the"Temporary Encroachments")into 15 a portion of City-owned drainage and maintenance easements, located at the rear of his 16 property at 780 Los Colonis Drive (GPIN: 2424-01-3570); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended,to authorize Temporary Encroachments into the 20 City's easements subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, his heirs,assigns 27 and successors in title are authorized to erect and maintain the Temporary Encroachments 28 in the City's easements as shown on the map entitled: "'EXHIBIT A ENCROACHMENT 29 EXHIBIT SHOWING EXISTING RIP RAP, GRAVEL FIRE PIT & WOOD DOCK AND 30 PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, FLEXAMAT RAMP & 31 GRAVEL DRIVE FOR JOHN PAYNE LOCATED ON LOT 112, LAGOMAR, SECTION 6, 32 PHASE 2, PART A D.B. 2552, PG 1803 CITY OF VIRGINIA BEACH, VIRGINIA" having a 33 Scale of 1" = 50', dated July 28, 2021, and prepared by Gallup Surveyors & Engineers, a 34 copy of which is attached hereto as Exhibit A, and on file in the Department of Public Works 35 and to which reference is made for a more particular description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 38 expressly subject to those terms, conditions and criteria contained in the agreement 39 between the City of Virginia Beach and the Applicant (the "Agreement"), an unexecuted 40 copy of which has been presented to the Council in its agenda, and will be recorded among 41 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 1 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Applicant and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t 51 day of November , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL IE Y AND FORM: UB IC WOR S, REAL STATE H RMEYER S IOR CITY ATTORNEY CA15401 R-1 Prepared: 10/10/2022 2 ���ALTII OF '0 EXISTING DOCKC.) (17C%; DAZ- UTLER EXISTING EXISTING FLOATING ` c.No. 38395 DOCK CONVERTED ,' RIP RAP1 TO FIXED DOCK �O 253-2�<V so S SEE SHEET 2 &� - 1� 6p. FOR DETAIL SSIONAL �'G oLi_ f c.;,..\- M C) ilik'..... a.", „:.... 0 ® 00.. F Li., nj -: CD Lc) I '?�b TOP OF BANK c" � t�' EDGE OF WATER/ o m " to '4`�? TOE OF SLOPE Z p IN 7s\ AO -� N, zoo O �\ ? J. i. O O- LLJ -4\ K <-' Itzi•A\ w ?�O�S\ s'-. ••s `� ' O ,o O Q c., '& -1. JP'1'gC w m N O/ \ GRAVEL `j'i O`i / Q p FIRE PIT �� �,r . N DECK \ \411k �`*:41In Z \ /` / FiV F�F — \ •'4,..,,,4‘ SEE SHEET 4 HVACA,• \,SEE SHEET 3 ;, FOR NOTES 2 STORY FRAME FOR DETAIL �N •, 5 A) RESIDENCE \ y :; ® &ADJACENT '�4,% �� #780 �, OWNERS \ BA' 1° C E r14 yw (V 118FN1PC\RL Q\\ " 9p \ ii) 2•<�SSO pp, o� .� 'Acpc S•86' " S BIT A b`� ENCROACHMENT EXHIEXHIBIT SHOWING LOS COLONIS DRIVE (50' R/W �� EXISTING RIP RAP, GRAVEL FIRE PIT & Q`� WOOD DOCK AND PROPOSED RIP-RAP, D.B. 2552, PG. 1803 WOOD DOCKS, WOOD BULKHEAD, 0 50 100 FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE GALLUP LOCATED ON LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A SURVEYORS & ENGINEERS 1. ) 323 FIRST COLONIAL ROAD D.B. 2552, PG. 1803 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=50' I Date: JULY 28, 2021 I Sheet: 1 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:10 AM in O D t 37.66' _ CONVERT EX. 11'x23' gp� 1 10.02' FLOATING DOCK TO 1 % zi, L FIXED DOCK �? ' EXISTING 1 V QZ -co '12'x16' DOCK' vALTII oz, a 1 C �h�, O�� Gf i 36.91'0 (0" O ,. i 4 00. v vD I UTLER e,, •_ i�Wr�� c•No 38395% O (2,56_,2:\A„ IQ 0 /--- E j - i- WA / N.*ord& \�,o °e o,� SSJONAL 1 .\ : /. .4- \c) liCk ,-.1 , y/6o9oF / �,� 0 <'D'N• \ -4t / \ I \b. 1 F�.ti C \ ' '• •' �OFcF 0 O. I \ ci" 6) C \ LOT 112 °.&1 GPIN:2424-01-3570 V. c C p, \ PROPOSED o�o\�o ��9yo \ RIP-RAP .63 • a - 9y_ E g 1/4). N esY* EXHIBIT A `^ - \ ENCROACHMENT EXHIBIT SHOWING \ EXISTING RIP RAP, GRAVEL FIRE PIT & WOOD DOCK AND PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, 0 20 40 FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD LOCATED ON LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A D.B. 2552, PG. 1803 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' l Date: JULY 28, 2021 I Sheet: 2 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:10 AM Plibp 60, / Rip 0`SFO S0' 0 4F R aF'Z' '9'14'k) ��' 4 °°'' 2SS2 p S`'1F / .p. E G 11AANT r c PROPOSED'0,3 `��o� �(OywJ 4'x12'WOOD T • .` �� 1pFFOF 3 DOCK / op • ,`o OF ygTF `30 PROPOSED 10 x20 opQ9Nk `� I o.� • . S�()Pe � °S' FLEXAMAT RAMP .-.-(,4',.°C3 i` ' co h. ° + O' EX. GRAVEL . • I� ZF ``Alli v�SE o`I`4OOD OCK ' ►�ai• PED o� � 4p/2.5'x16'WOOD c� i%��`/j �� c� BULKHEAD /;=� � 0 e� . 1V h�km vi "� . �° PROPOSED �i.� a 2.5'x16'WOOD cN ��( ���' <^� `) BULKHEAD r Gri 0 r LOT 112 :; 47 0 i 2424- .Ati!+tip ��,ALTH O�INGPIN: 1--, 4.�' „lie• .1. - � JA._ 0' � apiY/Pc� • ) ❑ 4 ,;r-1 0) \ .0,el i Ncb Z4 DA UTLER 2 STORY FRAME QO Q�� �,s'Mq7 \ c.No. 38395 2,� RESIDENCE • O v IP B 2s NTF� 2a �' #780 . ez -.i S2 „N64. 0�� 1' `. . A. `.glr 780 SF'yFiy SSIONA L E ' 4 i off:. T i :S• f ,off EXHIBIT A kv �:�t�� AIN ENCROACHMENT EXHIBIT SHOWING o4- Q 4 i' °` EXISTING RIP RAP, GRAVEL FIRE PIT & a<- WOOD DOCK AND PROPOSED RIP-RAP, 0 20 40 WOOD DOCKS, WOOD BULKHEAD, FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A 323 FIRST COLONIAL ROAD D.B. 2552, PG. 1803 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: JULY 28, 2021 j Sheet: 3 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:10 AM ADJACENT OWNERS KEY OWNER'S NAME DEED REFERENCE LEGAL DESCRIPTION MAP BOOK GPIN 10 SHELTON N.CLOUGH, LOT 113, LAGOMAR,SECTION 6, JR.&MICHELLE I.N.200501180007953 PHASE 2, PART A 2552, 1803 2424-01-2458 CLOUGH 'Cl) RENE A.BATEMAN LOT 218, LAGOMAR,SECTION 6, SPECIAL NEEDS I.N.20200730000673290 PHASE 3,PART B 238, 36 2424-01-1722 TRUST ®3 GREGORY FENTON& LOT 83, LAGOMAR,SECTION 6, CHRISTINE FENTON I.N.20190514000385530 PHASE 2, PART C 2555,805 2424-01-4719 14 JOANNE L.ROACH I.N.200212093076594 LOT 84, LAGOMAR, SECTION 6, 2555,805 2424-01-5733 PHASE 2,PART C C5 DANIEL ELIAS MUNIZ& LOT 85, LAGOMAR,SECTION 6, MARIBEL MUNIZ I.N.202103043811 PHASE 2, PART C 2555,805 2424-01-6617 ® NATHAN A. BALLOU& I.N.20120725000831680 LOT 111, LAGOMAR,SECTION 6, 2552, 1803 2424-01-4473 BETH ANN BALLOU PHASE 2, PART A 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THE PHYSICAL FEATURES SHOWN WERE TAKEN FROM A TOPOGRAPHIC SURVEY PREPARED BY STEPHEN BOONE & ASSOCIATES, P.C. DATED OCTOBER 21, 2020. tALT$p� 4. 5' PRIVATE DRAINAGE EASEMENT ALONG ALL SIDES AND REAR PER G D.B. 2552, PG. 1803-1808. Sr 5. THE PROPOSED BULKHEAD, WOOD DOCKS, FLEXAMAT RAMP, GRAVEL DRIVE,AND RIPRAP SHALL NOT ENCROACH IN THE NAVIGATIONAL PART OF THE O WATERCOURSE. THE RESIDENTS MUST BE AWARE THAT IF CITY FORCES C.) DABVPSP% ER MUST PERFORM MAINTENANCE ACTIVITIES WITHIN THE CITY EASEMENT, c.No. 38395 THAT THE PIER WILL HAVE TO BE REMOVED AT THE OWNER'S EXPENSE. ,2 ' 6. THE PROPOSED STRUCTURES SHALL NOT BE A PERMANENT STRUCTURE �'0 -i__28 � CONSTRUCTED IN A ,cf' EASEMENT.WITHIN THE CITY MANNER THATCAN BE IF CITY NEEDS PROPOSED DREMOVED RES A LL BE �SS IONAL E'G1 ACCESS TO THE WATER'S EDGE FOR MAINTENANCE ISSUES. EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING RIP RAP, GRAVEL FIRE PIT & WOOD DOCK AND PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE I) GALLUP LOCATED ON SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A D.B. 2552, PG. 1803 CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: NA I Date: JULY 28, 2021 I Sheet: 4 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:11 AM 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 4 c, .7 , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN PAYNE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee." WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 112" as shown on the certain plat entitled: "SUBDIVISION OF LAGOMAR SECTION 6 PHASE 2 PART A PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA," dated May 30, 1986, Scale: 1" = 50', and prepared by Talbot & Associates, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2552, at page 1803, and being further designated, known, and described as 780 Los Colonis Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain two (2) 4' x 12' wood docks, 10' x 20' flexamat ramp, two (2) 2.5' x 16' wood bulkheads, and a 10' x 43.97' gravel driveway, and to convert an existing 11' x 23' floating dock to an 11' x 23' fixed dock, and to maintain an existing 12' x 16' wood dock, 16.20' x 16.24' gravel fire pit, and riprap, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY DRAINAGE AND MAINTENANCE EASEMENTS — NO GPIN ASSIGNED) 2424-01-3570 (780 LOS COLONIS DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of City drainage and maintenance easements located at the rear of 780 Los Colonis Drive, 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 EXHIBIT SHOWING EXISTING RIP RAP, GRAVEL FIRE PIT & WOOD DOCK AND PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE LOCATED ON LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A D.B. 2552, PG. 1803 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated July 28, 2021, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 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. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of 3 the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 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 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 4 ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John Payne, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 744,_ 4,- HN PAY NE, Owner . STATE OF Vr$€' - CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this d - day of , 2022, by John Payne. (SEAL) ary P DONALD A.TROISI NOTARY PUBLIC Notary Registration Number: y(7, REG.#7522848 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES,12/31/2025 My Commission Expires: f t •,3l�D�ZS APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 4 S N TURE ( . A EYER SE IOR CITY ATTORNEY ts+,h DEPARTMENT 7 / 4v,pLTII op C) O� Gf r EXISTING DOCK C.) y DA �� UTLER EXISTING EXISTING FLOATING ` c.No. 38395 RIP-RAP --\ TTO FIXED DOCK CONVERTEDK `'Ao ,2aC - �v� -> —1 J' SEE SHEET 2 ��s i � �' ,,, ! _AI, _ aO, FOR DETAIL SJ oIo `,.• O ONAL � � wao ., w \ t: O (DLI_ Os a � I ', TOP OF BANK a `�' /xq• EDGE OF WATER/ / o cov t0\ •i6 IN JN '0,\.;} TOE OF SLOPE \ % S ‘Vi.- Z z o O % \ <'O,x? T';:it, O 6,0- n Cl- N? ‘4,, \ t% 't,'% UZja ?NO- (AO ULi-)L ‘- • Z CPO :Z, O_To F m N `i \ GRAVEL eV. `? / Z o p FIRE PIT `�'`` S a N �r.� DECK \ i"a it'. \ `V{ F,y In Z \ \ -r •' � ?• RVAC • \ SEE SHEET 3 , . SEE SHEET 4 HVAC• • ;�,FOR NOTES 2 STORY FRAME FOR DETAIL : 4e_ 5 RESIDENCE \ /ire &ADJACENT �� 1780 Av, OWNERS -, • a' 10 ?*Cr:k �� , l�) � ham, l.\a 1 ,N.\P C\R Q. = n gp \ `D/ i''P ,� GO�GPy Itk=4Sspoo, o� •�5�� EXHIBIT A •LOS COLONIS 86' S �� ENCROACHMENT EXHIBIT SHOWING DRIVE 50' R/VV/ �� EXISTING RIP RAP, GRAVEL FIRE PIT & D.B. 2552, PG. 1803 Q`� WOOD DOCK AND PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, 0 50 100 FLEXAMAT RAMP & GRAVEL DRIVE IMIRIMININIMI FOR JOHN PAYNE GALLUP LOCATED ON LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A IP SURVEYORS &ENGINEERS D.B. 2552, PG. 1803 323 FIRST COLONIAL ROAD CITY OF VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 BEACH,VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=50' I Date: JULY 28, 2021 1 Sheet: 1 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:10 AM 711 37.66' CONVERT EX. 11'x23' O) f 10.02' FLOATING DOCK TO ►.� i ///// FIXED DOCK �• EXISTING Q o 'x l 6' DOCK/ (), . 1.1 Tl�OF ug / O' A 0 1 36.91 , 1 s� /7(0 occP\v • o. DA - UTLER -�, - i � �!% .• . —N- Q` c.No. 38395 s, , /ci — r 4.� ti0 411111‘. O'er O� �`� 44, / to o 6° sSI 11G / .3-71 ' 6 �,�' m�; ON AL }, � ssO. • �o c- -k. -A... ;.::\ \ .- off, / - \,.% I \\° eta& �°,o ` �o�oF C 4) C' I \ C \ LOT 112 .0k. GPIN:2424-01-3570 N0• <s, \ \ 'i 10 C off, \ PROPOSED '7!14 4' <ti)v-, o RIP-RAP YE,' ', 3 \ \ • •C 'o r \ \ EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING RIP RAP, GRAVEL FIRE PIT & WOOD DOCK AND PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, 0 20 40Illemmi FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE 1. GALLOP LOCATED ON LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD D.B. 2552, PG. 1803 CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: JULY 28, 2021 I Sheet: 2 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:10 AM A / R/AOSFO S D Op ropy:,;:; p C, 6p 4 P.pia, 0 ,5 61s S47� tle N'9� Op, F S<, p FMF" / .0. 4 ` G11,A0l r " 'bib (o PROPOSED'p,3 t , 6M .� £ yw) 4'x12'WOOD •`r tOe OF w 33 DOCK op ` • ,`o of S qrF O PROPOSED 10'x20' of o`/o:+ • . �o'1' OS� FLEXAMAT RAMP irk • . O � ��i` ;,.. ' `'.. 4,1.0- co EX. GRAVEL rail' �`� It No* ,r • FIRE PIT iv'ry !�I624, PROPOSED o:�`�� *jam% 4'x1 2'WOOD ��/ t` A- � '`:�� DOCK / �/ 4*, / I.C. ~' �4474` PROPOSED �i� .., 11* , 2.5 x16 WOOD ,�� • �� �� BULKHEAD /147 \ . t 4i.p%.It '`° PROPOSED 10 a./!co,�� �� h°' 2.5'x16'WOOD N \ ic,o0 e",), o,• 4' BULKHEAD Ni ILOT 112 t��,/.�•x__f GPIN:2424-01-3570 ti!,`�� ��ALTIIO� 'll / � °�Astir 0 0 \ o 40 40 . c) \ 0 DA �R� UTLER <v 4 ,lam_ 2 STORY FRAME AI 0�0� O/S'Mq/ ` c.No. 38395 21 B Ni RESIDENCE "et �0 4V S F/4 APO �� ��' 1780 A. Q t�! 2S 2, p 'l'CA .4, 1- tiA G ,1 `., /803 -''yFNT s'IONAL t�G i�� �� � •,i EXHIBIT A iiir � � •N ENCROACHMENT EXHIBIT SHOWING ��� �� EXISTING RIP RAP,, GRAVELFIREPIT & �� G' WOOD DOCK AND PROPOSED RIP-RAP, 0 0 20 40 WOOD DOCKS, WOOD BULKHEAD, FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE GALLUP LOCATED ON LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A SURVEYORS & ENGINEERS D.B. 2552, PG. 1803 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=20' ( Date: JULY 28, 2021 I Sheet: 3 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:10 AM ADJACENT OWNERS KEY OWNER'S NAME DEED REFERENCE LEGAL DESCRIPTION MAP BOOK GPIN CQ SHELTON N.CLOUGH, LOT 113,LAGOMAR,SECTION 6, JR.&MICHELLE I.N.200501180007953 PHASE 2,PART A 2552, 1803 2424-01-2458 CLOUGH '0 RENE A.BATEMAN LOT 218,LAGOMAR,SECTION 6, SPECIAL NEEDS I.N.20200730000673290 PHASE 3,PART B 238,36 2424-01-1722 TRUST �3 GREGORY FENTON& I.N.20190514000385530 LOT 83, LAGOMAR,SECTION 6, 2555,805 2424-01-4719 CHRISTINE FENTON PHASE 2,PART C LOT 84,LAGOMAR,SECTION 6, �4 JOANNE L.ROACH I.N.200212093076594 PHASE 2,PART C 2555,805 2424-01-5733 • DANIEL ELIAS MUNIZ& I.N.202103043811 LOT 85, LAGOMAR,SECTION 6, 2555,805 2424-01-6617 MARIBEL MUNIZ PHASE 2,PART C O NATHAN A.BALLOU& I.N.20120725000831680 LOT 111,LAGOMAR,SECTION 6, 2552, 1803 2424-01-4473 BETH ANN BALLOU PHASE 2,PART A 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THE PHYSICAL FEATURES SHOWN WERE TAKEN FROM A TOPOGRAPHIC SURVEY PREPARED BY STEPHEN BOONE & ASSOCIATES, P.C. DATED OCTOBER 21, 2020. v,p,LTI/ 4. 5' PRIVATE DRAINAGE EASEMENT ALONG ALL SIDES AND REAR PER �� 'eG D.B. 2552, PG. 1803-1808. E f 5. THE PROPOSED BULKHEAD, WOOD DOCKS, FLEXAMAT RAMP, GRAVEL DRIVE, AND RIPRAP SHALL NOT ENCROACH IN THE NAVIGATIONAL PART OF THE O B WATERCOURSE. THE RESIDENTS MUST BE AWARE THAT IF CITY FORCES DA VPISP% ER MUST PERFORM MAINTENANCE ACTIVITIES WITHIN THE CITY EASEMENT, • c.No. 38395 THAT THE PIER WILL HAVE TO BE REMOVED AT THE OWNER'S EXPENSE. 5 6. THE PROPOSED STRUCTURES SHALL NOT BE A PERMANENT STRUCTURE �0 i,2a �,c;�' WITHIN THE CITY A CONSTRUCTED IN A MANNER THAT CAN OBEDREMOVED STRUCTURES CITY ANEEDS �SSIONAL E:�1 ACCESS TO THE WATER'S EDGE FOR MAINTENANCE ISSUES. EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING RIP RAP, GRAVEL FIRE PIT & WOOD DOCK AND PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE GALLUP LOCATED ON LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A SURVEYORS & ENGINEERS D.B. 2552, PG. 1803 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: NA I Date: JULY 28, 2021 I Sheet: 4 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:11 AM 46 ITEM— VLK.8 ORDINANCES/RESOLUTIONS ITEM#73473 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED,BY CONSENT, Resolution to ESTABLISH Pahala Park, LLC d/b/a Coastal Event Medical Management and AUTHORIZE annual EMS Permit re private ambulance services Voting: 11-0 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, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 PAHALA PARK, LLC D/B/A COASTAL EVENT MEDICAL 3 MANAGEMENT IN VIRGINIA BEACH AND TO APPROVE AN 4 ANNUAL EMS PERMIT FOR PROVIDING PRIVATE 5 AMBULANCE SERVICES 6 7 WHEREAS, in accordance with Code of Virginia § 15.2-995, the City Council must 8 approve the establishment of an emergency medical service organization in the City of 9 Virginia Beach; and 10 11 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 12 10.5-2, any individual or organization that desires to operate an emergency medical 13 services agency in Virginia Beach must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Pahala Park, LLC d/b/a Coastal Event Medical Management; and 17 18 WHEREAS,this request and application has been recommended for approval by the 19 Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, the City Council finds the approval of this request and application is in 22 the best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Pahala Park, LLC d/b/a Coastal Event Medical Management for 30 the establishment of its emergency medical service in the City of Virginia Beach, and its 31 application for an annual EMS permit for providing emergency medical services in the City 32 of Virginia Beach is hereby approved and granted, effective immediately and until June 30, 33 2023. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day of 36 November , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 ; 7('' ' . C /<6,0-. Emergency Medical Services Ci Attorneys Office CA15955 R-1 October 17, 2022 47 ITEM— VI.K.9 ORDINANCES/RESOLUTIONS ITEM#73474 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in SUPPORT Upon motion by Council Member Moss, seconded by Council Member Holcomb, City Council ADOPTED Ordinance to ACCEPT and APPROPRIATE$126,000 from Federal Funds to the FY 2022- 23 Police Department Operating Budget re training and travel to enhance law enforcement mental health and wellness programs Voting: 11-0 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, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS TO THE POLICE DEPARTMENT FOR 3 LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS 4 PROGRAMS AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $126,000 is hereby accepted from the United States Department of Justice, Public 10 Safety Partnership and Community Policing Grant, and appropriated, with federal 11 revenue increased accordingly, for training and travel to enhance law enforcement mental 12 health and wellness programs. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of November , 2022 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services or 's ice CA15956 R-1 October 20, 2022 48 ITEM— VI.K.10 ORDINANCES/RESOLUTIONS ITEM#73475 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$35,000 from State Funds to the FY 2022-23 Police Department Operating Budget re overtime, the purchase of equipment, travel, and training to enhance efforts to address Internet crimes against children Voting: 11-0 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, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO THE POLICE DEPARTMENT FOR INTERNET 3 CRIMES AGAINST CHILDREN INVESTIGATIONS AND 4 RELATED ACTIVITIES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $35,000 is hereby accepted from the Virginia Department of Criminal Justice 10 Services via the Southern Virginia Internet Crimes Against Children Task Force (ICAC) 11 and the Bedford County Sheriff's Office and appropriated, with revenue from the 12 Commonwealth increased accordingly, for overtime, the purchase of equipment, travel, 13 and training to enhance efforts to address internet crimes against children. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of November , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services • ttorney's Office CA15954 R-1 October 20, 2022 49 ITEM— VLK.11 ORDINANCES/RESOLUTIONS ITEM#73476 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED,BY CONSENT, Ordinance to TRANSFER $100,000 from the General Fund Reserve to the Department of Housing and Neighborhood Preservation re conduct an updated housing study with a focus on development of a strategy for affordable housing Voting. 10-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Delceno C. Miles, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None November 1, 2022 1 AN ORDINANCE TO TRANSFER FUNDS TO THE 2 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 3 PRESERVATION TO CONDUCT AN UPDATED 4 HOUSING STUDY 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $100,000 is hereby transferred from the General Fund Reserve for Contingencies 10 to the Department of Housing and Neighborhood Preservation for an updated housing 11 study with a focus on development of a strategy for affordable housing in the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day Of November , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - -- A. _".'..i.�i udget and Management Services ty A s O i e CA15941 R-1 October 3, 2022 50 ITEM— VI.K.12 ORDINANCES/RESOLUTIONS ITEM#73477 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED,BY CONSENT, Ordinance to TRANSFER four (4)positions and associated funding from the Department of Human Services re support purchasing and Public Works staffing needs for construction projects Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Delceno C. Miles, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None November 1, 2022 1 AN ORDINANCE TO TRANSFER FOUR POSITIONS AND 2 ASSOCIATED FUNDING FROM THE DEPARTMENT OF 3 HUMAN SERVICES TO SUPPORT PURCHASING AND 4 PUBLIC WORKS STAFFING NEEDS FOR CONSTRUCTION 5 PROJECTS 6 7 WHEREAS, the American Rescue Plan Act, Flood Protection Program, and SWaM 8 initiatives has increased the service delivery demands upon the Purchasing Division of 9 the Finance Department and the Contracts Office within Public Works; 10 11 WHEREAS, additional federal funding for construction project is anticipated due 12 to the passage of the Infrastructure Investment and Jobs Act; 13 14 WHEREAS, there are four long-term vacancies in the Department of Human 15 Services identified as candidates to transfer to meet the additional requirements in the 16 Purchasing Division and Contracts Office; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, THAT: 20 21 1. Three FTEs and $166,125 are hereby transferred from the Department of 22 Human Services to the Finance Department. 23 24 2. One FTE and $39,337 is hereby transferred from the Department of Human 25 Services to the Department of Public Works. 26 27 3. The City Manager is hereby authorized to transfer funds from General Fund 28 vacancy savings to provide any additional funding necessary to fill the four 29 positions transferred by this action. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day of November 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B, dget and anagement Services ity rn s Office CA15957 R-1 October 20, 2022 51 ITEM— VI.L.1 PLANNING ITEM#73478 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of CARL JOSEPH & VICTORIA MATHER TREMAGLIO for a Street Closure re 7.5-foot by 50-foot portion of an unimproved alley adjacent to 209 55th Street DISTRICT 6(Formerly District 5—Lynnhaven) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CARL JOSEPH & VICTORIA MATHER TREMAGLIO for a Street Closure re 7.5-foot by 50-foot portion of an unimproved alley adjacent to 209 55th Street DISTRICT 6(Formerly District 5—Lynnhaven) The following conditions shall be required: 1. The City Attorney's Office shall 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 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 applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. 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 alley 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 applicant 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 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. 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 IS` day of November Two Thousand Twenty Two. Voting: 11-0 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,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 1 ORDINANCE APPROVING THE APPLICATION OF 2 CARL JOSEPH AND VICTORIA MATHER 3 TREMAGLIO FOR THE CLOSURE OF A PORTION 4 OF AN UNIMPROVED, UNNAMED LANE 5 ADJACENT TO THE REAR OF 209 55TH STREET 6 7 WHEREAS, Carl Joseph and Victoria Mather Tremaglio (the "Applicants") 8 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 9 described portion of an unimproved, unnamed right-of-way discontinued, closed, and 10 vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described portion of unimproved, unnamed right-of-way (the 22 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being 23 met on or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF PROPOSED STREET CLOSURE 28 (375 SQ. FT. OR 0.009 ACRES)", and shown as the cross- 29 hatched area on that certain street closure exhibit entitled: 30 "STREET CLOSURE EXHIBIT OF A 7.5' X 50' PORTION 31 OF THE 15' WAY (PUBLIC R/W) ADJACENT TO LOT 16, 32 BLOCK 10 UBERMEER (M.B. 7, PG. 150) VIRGINIA 33 BEACH, VIRGINIA", Scale: 1" = 30', dated June 24, 2022, 34 prepared by WPL, a copy of which is attached hereto as 35 Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 1. The City Attorney's Office will make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City shall be 44 determined according to the "Policy Regarding Purchase of City's Interest in Streets No GPIN assigned (City Right-of-Way) Adjacent GPINs: 2419-70-8246 45 Pursuant to Street Closures", approved by City Council. 46 47 2. The Applicants shall resubdivide the property and vacate the internal lot 48 lines to incorporate the Right-of-Way into the adjoining lot. The Resubdivision plat must 49 be submitted and approved for recordation prior to the final street closure approval. 50 Said plat shall include the dedication of a public drainage easement over the Right-of- 51 Way to the City of Virginia Beach, subject to the approval of the Department of Public 52 Works, and the City Attorney's Office, which easement shall include a right of 53 reasonable ingress and egress. 54 55 3. The Applicants shall verify that no private utilities exist within the Right-of- 56 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 57 company must be provided. 58 59 4. Closure of the Right-of-Way shall be contingent upon compliance with the 60 above-stated conditions within 365 days of approval by City Council. If the conditions 61 noted above are not accomplished and the final plat is not approved for recordation 62 within one (1) year of City Council approval, said approval shall be considered null and 63 void. 64 65 SECTION III 66 67 1. If the preceding conditions are not fulfilled on or before October 31, 2023, 68 this Ordinance will be deemed null and void without further action by the City Council. 69 70 2. If all conditions are met on or before October 31, 2023, the date of final 71 closure is the date the street closure ordinance is recorded by the City Attorney. 72 73 3. In the event the City of Virginia Beach has any interest in the underlying 74 fee, the City Manager or his designee is authorized to execute whatever documents, if 75 any, that may be requested to convey such interest, provided said documents are 76 approved by the City Attorney's Office. 77 78 SECTION IV 79 80 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 81 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 82 VIRGINIA BEACH (as "Grantor") and CARL JOSEPH TREMAGLIO and VICTORIA 83 MATHER TREMAGLIO, (collectively, as "Grantee"). 84 85 Adopted by the Council of the City of Virginia Beach, Virginia, on this l s t day 86 of November , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 10M- /0CA/1416J Planning D partme/nt City Attorne CA15796 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d013\p044\00837260.doc R-1 October 20, 2022 Exhibit A N/F 1 N/F I N/F LOT LOT 7 LOT 6 2419 070-7460 I M.6.7, PG.150) I 2419-70-8462 (I.N.20091204001387280)12419(70-8410-2082 & I (M.B.7, PG.150) 10' VIRGINIA POWER 2419-70-8410-2082 COMPANY EASEMENT (M.B.300, PG.17 (I.N.20100617000596870) - CONDO) 750' Z50' 15' WAY _ r N 74'33'55" E N.B. 7, PG. 150) A• ,50'•�- - - - . (UNIMPROVED) N 74'33'55" E 50' BLOCK 10' VIRGINIA POWER COMPANY EASEMENT 10 e (I.N.20100617000596830) I 'n AREA OF PROPOSED N h g,) STREET CLOSURE "� N N Q `- (375 SQ. FT. OR L O T 18 u) 0.009 ACRES) 2419-70-8246 ��Q Oo O o I , , 4 O O N/F 0-4,, N/F Z 3Lu LOT 15 V 0 LOT 17A 0 (M.B.7, PG.150) % 2419-70-8216 I.N.20091204001387280 �o N 2419-70-9207-5501 & �,L►� Op (I.N.20091204001387280) N � 2419-70-9207-5505 ,�� j� icy (I.N.20141119001100070 �;' r�0 - CONDO) • RIC . ARNER a Lie. . 2904 e D6/27/2022 ,� lSl '14, _40 )00`- SURN 50 , ) S 74'33'55° W 50.00' TO NOTES: MYRTLE AVENUE_iv._____ 1. THIS EXHIBIT IS INTENDED TO SHOW THE 55 th S TREE T AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED (40' R/W) (M.B. 7, PG. 150) RECORD DOCUMENT(S) AND IS NOT INTENDED 0 30 60 90 Feet FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED GRAPHIC SCALE 1” = 30' FOR THIS PROPERTY. STREET CLOSURE EXHIBIT 1 OF m_ -1 __" I A 7.5'x50' PORTION OF THE 15' WAY (PUBLIC R/W) ADJACENT TO LOT 16, BLOCK 10 UBERMEER Architecture (M.B. 7, PG. 150) Landscape En Surveying VIRGINIA BEACH, VIRGINIA SHEET 1 OF 1 com 757.431.1041 242 Mb'ta PA Sit 8 Wail IBA M t3152 SCALE: 1"=30' AUGUST 10, 2022 CAD/chk: BKM/eag CITY OF VIRGINIA BEACH, VA I F.B.932 PG.34-35 I PLAT:U-16 I IN:222-0161 N (NI O N 0) E 0) 41 64 6, O W U W .O c W W O c ' kg64 ,4 0 .. col 2 kl 'i c 4.4 ° � ° w ° o °.4 E., tz oo C, cx, 6 '4 ' ~ o6 �" wA �'cq � o � o CN i � AQQ,zsic.:1 .0 -acic4L) c4c-1 ic) WIO `'' g0 `° oc � E. cg vqw E. � q `' q � `� q '0 14 '' � VUW WV � 44 q a '� wv 41 WcWvq ° kl �, Z C.) 5 ,7, ce p., kl , ,,„ ki Q� 4 �C—, � V L4 wW � ,� � ti �CpO C.) (NIW k4 c w o 0 a L.) 53 ITEM— VLM APPOINTMENTS ITEM#73480 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JENNY C. PERRY Unexpired thru 12/31/2022 Plus, three year term 1/1/2023—12/31/2025 COMMUNITY SERVICES BOARD Voting: 11-0 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, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 1, 2022 54 NEW BUSINESS ITEM#73481 Council Member Moss referenced an email requesting the Body include a letter with the proposed Legislative Package, opposing any legislation that would undermine the City's Short Term Rental Ordinances. Council Member Moss advised he would like staff to draft the letter for consideration on the November 15`h Agenda. November 1, 2022 55 ADJOURNMENT ITEM#73482 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:35 P.M. /1 ) Terri H. Chet' s Chief Deputy City Clerk Amanda Barnes, MMC Robert M. Dyer City Clerk Mayor November 1, 2022 56 OPEN DIALOGUE The following registered to speak: Barbara Messner, P. O. Box 514, requested Open Dialogue be televised. Hanna Merk, 486 Piney Branch Court, Phone: 799-5166, expressed her concerns of gun violence across the country. ADJOURNED at 7:42 P.M. November 1, 2022