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HomeMy WebLinkAboutDECEMBER 6, 2022 FORMAL SESSION MINUTES {moo`` `:. :. .10(C7 10414-18-1 : a5) Yo vs�` /I:: q-st+4S,4 of ,04`a 0.1 OUR N���� VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 6, 2022 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, City Hall, on Tuesday, December 6, 2022, at 2:00 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 2 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 2:02 P.M. Mayor Dyer welcomed Dr. Caitlin Pedati,District Director. Dr. Pedati expressed her appreciation to City Council for their continued support: Public Health Update Dr.Caitlin Pedati Virginia Beach Department of Public Health December 6,2022 )421 Virginia Beach Public Health Public Health Update • COVID Summary • Mpox Summary • Influenza • Other Communicable Disease Trends • Environmental Health Services Summary • Clinical and Laboratory Services Summary • Grants Updates • Questions Virginia Beach Public Health December 6, 2022 3 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 (Continued) The next several slides provide an update on COVID-19 Cases: COV I D-19 Number of Cases by Report Date for Virginia Beach for All time umber of cases by the date repoed to VDH Update Gaa New Gaa1rt 7 Day Awra¢e 4 (Cases) 11111— 11\ .✓1 20 Sec 1 20 Dee 1 20 Mr 1 21 1,1 21 Se: 21 Oec 1 m t i-1 22 1 22 Sea 122 D.1 22 YOR Date •rrchrdes people wins either a posmve molcwx/PCC tert(ConNmedI.pos+rm minim,test Ierob+O el or srmptonMc arts known espnwd 10 COvrO- st laro0als41 ••Ho...on of a use n cptwed at.trine VD.pertorms c.w in.m101010n.reds urrde++e50051ts me SOui num1Y of nospdMkatons n Vrine v0rr adopted the updated CDC COvr0-19 2021 Surveillance Core DMnrnon on Seosreuer 1.2021 Morn is toun0 here:-- -,or ea.r.,e utm r.-r».:e laVPIrt."Heith Bach SOur.:Caws-Vapw Electronic dsease Sunedarre Sys+.+(vEDSS).data endued Dr S.►M the p,or day Number of Cases by Report Date for Virginia Beach for the past 13 weeks gumber of cases by the date reported I t)Da Vy AUH New Caws New Gate varaye d I III. I ii lei 111. II I kikii 2 dk1l Awl!0 Sec 9 Sec 19 Sec 19 Oce S Oct!i On N va 1 Mo.11 no.7a Dec e 4co�Omt<,2�7:1 •includes people wen inner a posmw motecu0r/OCC test(Confirmed).pole.art/fir test(P•o0a1le1 or syrnptomaM warn known atpowre to COvicc 19(►robaON1. ••0ospnahteeon of a caw n captured at the e+e VOts perrorne case+eernist».;hit undwnpreants the total number or nospta(2atrons n vett •vDM adopted tbe updated CDC COvIO-SO 2021 Surveillance Case Dennrnon or Septomber 1.2021 when is round here:.- .'r0_vn ricer M:-me.rraw-CrM:twns!mronawruS9rte.e•2019 S,rcr Cams•vngne Electronic Ddseaw Surveillance Svnem fVEOSSI.data entered tar 5.00 Prrt the poor day Virginia Beach Public Ilealth December 6, 2022 4 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 (Continued) Know Your COVID-19 Community Level Take acbon to protect yourself and others ft om(OVID-19 based on the COViD-19 Community Level in your area People my choose to wear a mask at any elm.Masks are recommended in indoor pubk transportation settings and may be required in other places by local a vale author.. 8. COVID-19 County Check V Find community levers and prevention steps by county Data updated weekly Select a Loabon(al fields requ,red) Vern. - V,g El,a,C,,y '= s Start Over •Low In VIrsinia Beach Coy,Virginia community eve'is tow •Slay up_fusiait with COVID-19 vaccines •c,ti=Le if you have symptoms People may choose to mask at any lance People with symptoms.a positive test.Of exposure to someone with. (OVID-I 9 shouid west a mask Virginia licach 14:1, If you ate onmunocornpr ormsed.lea,n rnoie about pow to protect you:4c1. Public Health Willed SOW:111'4111211211-unarm "MACAO limion•r•._,z...._._.r '"''. , "Pi .. ..... I 104 . I I I I Il I VVVVVVV.re 4 4 *Slob ........... I II: 1:7-- II":::: is_ I. r — i Sin 1 -- '' # — 1 i I 20% ' - tiVelirttV*et I I viistiviiuliv 6 .1 iiii 1 A Cabin dois.ow*sifts lia Vck e. Public Health December 6, 2022 5 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 (Continued) COVID 19 Update (Vaccinations) ". ,. People Fully Vaccinated by Locality of Residence and Vaccination Status-Percent of the Population . Dervent of tl.e Popiegabon Select Comb,Rats.or Percents-- Fully Vaccinated .e-n+t.Fw Awwru • I,40.1%-45.0% IfakIMIIII MI,. •a5.1% 10.0% vsawtpaltan.•rr.._. MeenNNt t14174 •50.1%-55.0% tedtlal owns as ei lt/I1/2t(at:esa one Doran a1,1•a feLp1l own id 11/2t/r11t./WilNa01 WO. ■55.1%-60.0% ▪60.1%.65.0% N.wt 00740mrtonrwiwtw+ana: bowl 65.1•% • ee.a a o'i•dln1�.IM,6*n aoRN s.•% ►nowd dW 11.17.0.6.6.0.v cce..nt.. hrm..dtMtMhW.•'•..,vucrwa'KU% lta.Vtfg1114 Baou Public Health iti Community Based Organizations (C s) • i irI . \ . ./...... ' • Worked with CBOs in VA Beach to host events t provi C: t`"- 19 resources and education to community i - • Awarded $189,793 to 20 different organizations 'Al4IS* .. , • Since Sept 10th, 15 events held successilj ' - • Events planned out to March 2023 - \a,Public Health December 6, 2022 6 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 (Continued) What You Need to Know •Updated Ibivalentl boosters became available on. -September 2.2022.for people 12 years d age and older -Oaabw 1Z 2022.for people aged 5-1 •CDC recommends everyone stay up to date wilt COVID-19 vacc,nes for their age group -Luorprl and teens ageift.2:10I11S_17.yta, -Aduns/glilyoat5.and older •Geuwlg a COVID-19 vaccna after you recover from COVID.19 mfecton povdes added protecCan against COwO 19 •If you recently had COVID•19,you tray consder dt+0aog vwr trot vacs i•a dose Iu,,maty dose or boustel l by months from when your symptoms started or.$1 you had no symptoms,when you fast wowed a posave test. •People who are moderately or severely rmmunocongromised base A.Sferent retnrnmendat ont fats-0'D-t4 Yacluda •COVID-19 vaccine and booster recommetsdaoons may be updated as CDC contaauss to motor the latest COV10.I9 data 000 Updated Boosters Are Recommended for Some People '-Qr CDC damned!'that people aces S years end older r ecen*one updated Ibrralerel booster g rt has been at least 2 months since thee last COVID-19 vatt.ne dose.whether that was: • Their final pea rmary serves dose or •An ongnal Imorwvalentl booster People who have gotten more than one onsasal Imunovad it)booster are also recommended to get an updated Ibvalentl booster 1421, Public Hcalth The next two (2)slides provide an update on Monkeypox Cases and Vaccinations: Mpox Update Mon keypoK Cans lnVirginia Mpox Vaccinations kr.c•..-. W�Wr• 1t•M 0.n•. S58 2' ° Administered by VBDPH ➢ From July to November ➢Clinics Held: 20 " ➢ Number of Vaccines Given: 2066 (let&2"d Doses) - ➢ Public Health Success! F•reem Sho•. Nametoe Pemnhaa ►orinnarth ThrN Pare.' la a: Virginia Beach w«r tden t« Public Hcalth December 6, 2022 7 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 (Continued) Virginia Department of health VAF[u� Weekly Influents Activity Report �sl� Now many people are sacking care for an influenza-like illness(Illy, v Ma... Virginia Department of Health VA i ,0 Weekly Influenza Activity Report saa yra:•c Errenr:s:e—cr.F.22' :►m " : .. What influenza strains are circulating? _ .- s-,r.,-.:e.os.,,eta arc,Subtype,2C22-2.If4Sea,- :•• le Seaton . Gasa G Y M l-i Y l. e _ ' I 11 If x 1"IS L.S-_ .S__St S S. MA •0.+ee ale.eelk MEtleaxeeerMai MN beat en.WON*xe.nrf z+a ED ace u[C.wli wee fleas _ A:-. •Dnew q eaetl li wO X21312.10.413 sElle e�ew au�.w n ne^4/seo wNp a.' u fogyollea.. a , I r�-a• .M411.._er ar eeeee.eweeeroep.e erase•SS S14 ! ........ ew..Eetl+ct:/r !■ ..w.x xra - -.f1• r • wxe t Virginia Beach r.va..{.avew.r,.ew..r.-e+e.wawwn.a e+we vw.....ua 1421,,Piablic Httlth 11)i1 The next several slides provide an update on Influenza: t GetS Influenza Fluhot ) Today • Seasonal influenza is commonly referred to as "the flu" VI • Contagious respiratory illness caused by viruses that infect the nose, throat,and lungs • Two main types of influenza viruses:A and B • Each type includes many different strains that tend to change from year to year • The flu spreads mainly from person to person by droplets from the nose or throat that are released when an infected person coughs or sneezes • Best way to prevent the flu is to get vaccinated every year 141, Public Ilceltl December 6, 2022 8 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 (Continued) W w.lope S.We p woo p ryI& •I : : : : httpsl/www.vdh.*ginis.9evMrgnis-bMeN 757-518-2700 Make an Appointment ool YPO i vase.vdh.virgi nia.gov COY6H 14mie sCeer 14tit Pu Beach ers.ht•ror Rblie Health vase vdh virginia goy 1)H. =_ OSP • _wn.•1 M.,MO •••w•II.M wrM•••••• N WY.....Y 4.M N•.•••..e.rW wYfr.Y.N•1r.•.• .IwW W_fir..•.•,w•AA• ...�..y..•.�..e•w.s.....wr..s�yr.sas-..•�tiw..�•..�.r.�•W�T�+e•q.�..Wr•vu r.�W..a r w•.rp.reW w�,...rr...r.r�.�•m.�.e••�•r.w•.v-l.rwrcw....mW i... • 1+J.•.eLer.Y.t•Y.r1.W�WM.r�r�lYW.��r.+..Mrw.r.�rY�—G.r-- 1 Public Health ']aft j/i Health December 6, 2022 9 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 (Continued) _w; .......Y...—...w - e... y�r.. 11':..."��• ' . tr--- ——---..---- ,.a ••,........ ....-'''*"-- . '. .' .-.:.t.V'.7.,.N' - .r.r w Mar ar.la e...r.y...r rwv'n a.,. r ........�......a.... ? I ! t.. 9 . .e .....�.-.ea u r elf ...••.vs*g*gm. :I : : '� . ... M..er 01�. v... 0.1 .'fi.t �...� _ .......a 1 ^^ice .........�r.r...�.......�._ Av � P BMeb e� .n a tttWe Hadti Here is an overview of Other Communicable Diseases: Other Communicable Diseases 51 y VW 11,1f0/10/1 e s...1 14ee1An'rtn I t/7ry70n$S.AN s ii , II ,.. ,.. ,, II ,21,- -7- ....._-.... El" 111 tn.'s..Y1911/10/10,II Sh A.e r n . . rs NM alaa•••• 141 Vhw Public Hulth December 6, 2022 10 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 (Continued) Environmental Health Services FOOD PERMfI5155Um fLf FOOD COMPLAINTS ADDRESS® 77 PERSONAL SERVICES PERMr1S 75 PERSONAL SERVICES COMPLAINTS 3A • MOM COMPLAINTS 71 miammaimis SPECIAL EVENT PERMITS ISSUED V2P., c IOD 70D 300 •00 500 Em 700 D00 9CA I000 VPIfEm a Beach ublic Health Here is an overview of Virginia Beach Department of Public Health Clinical Services (VBDPH)provided in 2022: 2022 VBDPH Clinical Services • 852 Pediatric dental patients served • 1,356 Patient encounters for STI and family planning services • 1,702 Immunization visits • 1,374 Tuberculosis screenings and treatment • Since March 2021:813 Home vaccinations provided 111 • Continued support for community-based clinics and events • Influenza(approximately 5 to 6 per month) • COVID-19(approximately 7 to 8 per month) •Pr,.R, of • Back to School •tr,Vrtyfk..3,,.«r.«M • One Night of Peace •SQ1VIk TrfnYntihl.•�.. •Dv.C:,nt 1431,Vif u:7 ISt t. Public Health December 6, 2022 11 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 (Continued) VBDPH Lab Services Lab Tests conducted in 2022 COVID-19 STIs 39% _ 399, Womens Heath 4% •her VI 1 Ito,.fi.-��h 18% I'uhli flrlth The VBDPH was awarded a $3.35-Million Health Equity Grant from the Center for Disease Control (CDC): CDC Health Equity Grant • Spring 2021 the Virginia Beach Department of Public Health (VBDPH)was awarded a$3,350,369.00 grant through the Centers for Disease Control and Prevention (CDC)focused on addressing COVID-19 health disparities among populations at high-risk and underserved • Virginia Beach was the only qualifying locality in the state of VA based on our rural and urban footprint and a population of over 450,000 • Initial goals of the grant included: • Community educational support • Support for testing and vaccination among underserved populations • Use of data to better understand needs • Exploring expanded community-based resources to support populations with challenges accessing care • Establishment of a structure for sustaining health equity work Virginia Beach Public Health December 6, 2022 12 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 (Continued) Expenses(as of 9/30/2022) CDC Health Equity Grant Update 0 • $3.35 Million Awarded June 2021 • 23%Spent-to-Date • Personnel(labor) • Approatmately 11 contractors m roles including grant management,aaountmg, health education and outreach • IT(computers,phone,etc.) • Supplies(printing,educational materials,etc.) • Additional 24%committed on data analysis and training collaboration projects • No Cost Extension under review to extend funds for approximately 12 to 18 months - IT Supplies •Labor 14Virginia Beach Public Health CDC Health Equity Grant Logic Model Inputs Strategies Outcomes if resources are provided to to implement flexible strategies Dar recipents focused within COvlD 19 activity areas' Government funding 1.Expand existing and/or develop new m.itigat;on and Improved state,local, prevention resources and services territorial,freely associated /L.k O • Testing,contact tracing,and case investigation state health departments and OM • Quarantine and isolation community capacity and • vaccine administration support services to prevent and • Evidence-based policies.systems and environmental strategies control COVID-19 infection 2 Increase/improve data collection and reporting (or transmission) E • Data collection.analysis,or reporting Technical assistance q • Data systems infrastructure • Evaluation • Improved and increased I.* 3 Build.Ie veragi,a,m expand infrastructure support testing and contact tracing 1 • Health equity training 4��� • Inclusive workforce • Orgwnaation infrastructure and pain To achieve our ultimate goal • Health equity staffing Communities 4 Mobilize partners and collaborators • �1 • Partnerships iivips • y apWopriate messaging Reduced COVIO-19-related • cortxnunity capacity/engagement health disparities • Council,community group.coalition,or other working group a •Actmty areas are based on prmens ,strak pans submitted by reciptents December 6, 2022 13 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 (Continued) Here is an overview of Updated Strategies: Updated Strategies • STRATEGY 1:Expand existing and/or develop new mitigation and prevention resources and services to reduce COVID-19 related disparities among populations at higher risk and that are underserved. • Health Education and Support for Testing/Vaccination • Community-based"Mobile integrated Health"pilot program to facilitate connections to resources • STRATEGY 2:Increase improve data collection and reporting for populations experiencing a disproportionate burden of COVID-19 infection,severe illness,and death to guide the response to the COVID-19 pandemic • Gap analysis and report on Virginia Beach populations impacted by COVID-19 • Utilizing local data to better understand disparate health outcomes related to COVID-19 • STRATEGY 3:Build,leverage,and expand infrastructure support for COVID-19 prevention and control among populations that are at higher risk and underserved • Develop just-in-time training module for acute public health response efforts • Establish structure to sustain health equity work in support of public health mission • STRATEGY 4:Mobilize partners and collaborators to advance health equity and address social determinants of health as they relate to COVID-19 health disparities among populations at higher risk and that are underserved. • Establish multicultural resource center led by Director of Health Equity for community engagement and messaging laVirginia Beach. Public Health The next few slides provide an overview of the Health Infrastructure Grant provided by the CDC: New: CDC Public Health Infrastructure Grant Virginia Beach Department of Public Health:$6,003.499.00 over 5-year • One hundred seven(107)public health grant period departments in all 50 states,Washington D.C.,8 territories/freely associated states, and 48 large localities(cities serving a population of 400,000 or more and counties serving a population of 2,000,000 or more • • based on the 2020 U.S.Census)received a • : • . total of$3.14 billion • � • �•` it. -* • Three national partners that will support the • a " • work of the 107 funded jurisdictions.These • " " national partners received a total of$65 e• million and are expected to receive a total of $145 million over the 5-year grant period VIVirginia Reath Public Health December 6, 2022 14 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 (Continued) CDC Public Health Infrastructure Grant • Supported in part by the American Rescue Plan Act,the 0E22-2203: Strengthening U.S. Public Health Infrastructure,Workforce,and Data Systems grant is a groundbreaking investment that supports critical public health infrastructure needs of jurisdictions across the United States • Funding from this grant will help ensure that every U.S. community has the people,services, and systems needed to promote and protect health • The grant creates a foundation for CDC's public health infrastructure work and provides maximum flexibility so jurisdictions can address their most pressing needs Public Halth CDC Public Health Infrastructure Grant Strategy Short-Term Intermediate Key Outcomes Key Outcomes Workforce Increased hiring :roea:ed sue of the Recruit recu,support.and tram the publ< of diverse public public health...force health workforce health staff foundational Capabilities Improved Stronger public health Strongthen srsterns processes and policies organuaborul systems foundational and processes capabnoes Data Modernization More modern and increased availability Deploy scalable,flexible.and sustauuble efficient data and VIA of public technologies Infrastructure health data Increased data eteroperabdRy Public H Beacht al.inla r a• Public Hulth December 6, 2022 15 CITY COUNCIL'S BRIEFINGS QUARTERLY PUBLIC HEALTH UPDATE ITEM#73529 (Continued) CDC Public Health Infrastructure Grant Strategy Short Term intermediate • Enhanced support forrecruitment and retention Key Outcomes Key Outcomes (training,development opportunities,etc.) Workforce increased!wing akreased scan of the • Additional key roles to F.'s., rt t retain,suppo,and tram thepubhc ofd.r nsepubhc puWrc health wa rc tfoe support foundational capabilities health workforce health staff • Administrative • Communications Fotdanmetcapabrro•s improved Stronger pubin tealth • Response efforts Strengthen systems,processes a-dpokcas organuational systems fo ndaoor»l • Community services and processes capadktKs support • Epi and Lab work • Re-engaging on •---• r. accreditation efforts 14421.Virginia ua,h Public Health Questions? la,irgir.,1 Ek 1,1, Public I lealth Mayor Dyer expressed his appreciation to Dr. Pedati for the presentation. December 6, 2022 16 CITY COUNCIL'S BRIEFINGS RESORT ADVISORY COMMISSION ANNUAL REPORT ITEM#73530 2:52 P.M. Mayor Dyer welcomed BJBaumann, Chair. Ms. Baumann expressed her appreciation to City Council for their continued support: RAC 19 Commissioners appointed by City Council work to support the City Council'svision of Virginia Beach asa quality resort destination. it .-g �~ �S t��r:••i'_is— `_—_� aal i i% Resort Advisory Cornssio — Annual Report FY22 City Council Presentation \IB December 6,2022 The next two (2)slides provide the Resort Investment Committee(RIC) updates: RIC: Virginia Beach,Virginia j Renowned for decades as the Resort to•fAs Best Family Beach in America . :927-2020 Investment . Committee 1 - - Stinrif•j4 , • • New RMO Office • Safety/Police update • Atlantic Ave Revitalization • Eliminating Sunset Clauses fora t',. t 'i• steady future revenue stream • Improvements for Sports Center - ' f .• k - 41 Dcceinbcr 6, 2022 17 CITY COUNCIL'S BRIEFINGS RESORT ADVISORY COMMISSION ANNUAL REPORT ITEM#73530 (Continued) RIC: Resort 1"`.;_. Investment -4 Committee yii '41'a • NI FATot • • iI\ Monitor TIP Fund �°:,sii .: r r E_ 1,, 1 / A. / t . • Upcoming tasks ) _ 3 411111111111 Ms. Baumann turned the presentation over to Michael Mauch, Chair of the Green Resort, Eco-friendly, Efficient Neighbors(G.R.EEN.) to provide updates: 1.1F21 GREEN. �.d i..-- t , -� ,,,,y _: .•- . , 1, }, :° ,' Green Resort, Akio; ' Eco-friendly, Efficient, 0s 9- i } Neighbors 1 --�.�_ - . THANKS! i "»'r � - 1- : ' ` M a E • • Keep It Beachy Clean .���. _-. . v . ... • Plastic Bags Fee Program t- __ • Polystyrene Pledge • Offshore Wind Program 4 December 6, 2022 18 CITY COUNCIL'S BRIEFINGS RESORT ADVISORY COMMISSION ANNUAL REPORT ITEM#73530 (Continued) G.R.E.E.N. 1 Te4 • Sustainability Plan Update 1419 • Virginia Beach VDH: Overall _ � Consistently High Ocean Water , '- - Quality i • Toybox Recycle Program . N, s Mr. Mauch turned the presentation over to Charles Cayton, Chair of the Transportation, Parking, Pedestrian Committee(TPPC) to provide updates: TPPC: Transportation, Parking, Pedestrian Committee 4, `:'14': • 12 members — Resort Area residents. in. ) business owners, ex-City staff, past City rT.Z7 Council member, ex- VB Police Department, V.- '---t----11 professional engineers • Engage on mobility matters within Resort Area — i.e., parking, pedestrian safety, . t_:` i' vehicles, bicyclists, transit, shared mobility . • Endorse/support City transportation . ' 1 initiatives in the Resort Area � 6 December 6, 2022 19 CITY COUNCIL'S BRIEFINGS RESORT ADVISORY COMMISSION ANNUAL REPORT ITEM#73530 (Continued) TPPC FY22 Activities •Letters of support for various City transportation related projects&HRT federal grant application for new bus .4-74111- �� maintenance facility in Virginia Beach ~'.,_� .' •Continue to advocate for pedestrian/vehicle safety ---; improvements on Pacific Avenue iv ' •Engage in transportation issues related to Atlantic Park ky •Engage in continued development of Resort Area Mobility Plan(RAMP) AN, •Support resort area micro-mobility program Sr)O Ga•S Av:llabl•� •\ _ tO ‘ i - e N 7 Mr. Cayton turned the presentation over to Randy Thompson, Chair of the Oceanfront Enhancement Committee(OEC) to provide updates: OEC: Oceanfront Enhancement Committee MISSION STATEMENT The mission of the Oceanfront Enhancement Committee is to propose to RAC new ideas and perspectives that foster the continued ongoing,positive transformation of the resort for locals and visitors.To that end, we agree that both creating and managing first-class events,programs,and aesthetics have been and will be successful at promoting a secure inviting. festive,economically vibrant,and inclusive atmosphere. r,'?7. a1L.VJ 25 PM w4:h VA 234,1 ,�'S' PUBLIC RIGHT-OF-WAY e �, / CODE VIOLATIONS -) �. ' 'Ir 1,` REGULATE lb 1s- , 4;...i.: BUSKING ,t _� e December 6, 2022 20 CITY COUNCIL'S BRIEFINGS RESORT ADVISORY COMMISSION ANNUAL REPORT ITEM#73530 (Continued) OEC: Oceanfront Enhancement Committee "Will- Iii UTILITY MARKINGSII ART PROJECTS ' AT THE OCEANFRONT 1411;rr • ! ' #'1/1 CANNABIS E16111 CONCERNS , Mr. Thompson turned the presentation over to Billy Almond, Chair of the Planning & Design Review Committee(PDRC) to provide updates: PDRC Planning & Design Review Committee _ -T Provide professional architectural, 1 • + ' landscape architectural,and design :�1, . support to the resort community . ,,,,.; ii,-.I.''17-7';':' ,Af '.41 _--, ` • i \ •\ December 6, 2022 21 CITY COUNCIL'S BRIEFINGS RESORT ADVISORY COMMISSION ANNUAL REPORT ITEM#73530 (Continued) PDRC Planning & Design Review Committee , 4 __,..rl 't �r ' _:: Yi•ror 4 I I. iris . .au. Mr. Almond turned the presentation over to William Gambrell, Chair of the Oceanfront Strategic Growth Area Committee(OGAC)to provide updates: OSGAC: Oceanfront Strategic Growth Areas Committee II agit.:0 i• ` 4 a 's Community Outreach 4 ‘1 :.. • Ongoing Interviews `-�:A. Property Owners,Business Owners, .,...� al..• _o Developers,Financial Experts,Economic Development Advisors,City Planners RAC Priority •Concerns Stormwater management,Permitting Identify and solicit businesses that will encourage tourists and families to come challenges.Streamlining processes to Virginia Beach 12 December 6, 2022 22 CITY COUNCIL'S BRIEFINGS RESORT ADVISORY COMMISSION ANNUAL REPORT ITEM#73530 (Continued) _k„,,,,.. r - RECOGNITION �- a Councilman Tower ifter 4 ri Councilman i Branch AlB ■ == tea.. 7 iiC11 T t i 41.Yam. CONCLUSION \B Mayor Dyer expressed his appreciation to Ms. Baumann and members of the Resort Advisory Commission for the presentation. December 6, 2022 23 CITY COUNCIL'S BRIEFINGS NOISE ORDINANCE UPDATE ITEM#73531 3:24P.M. Mayor Dyer welcomed Mark Stiles, City Attorney. Mr. Stiles expressed his appreciation to City Council for their continued support: Proposed Amendments to City Noise Ordinance CITY COUNCIL PUBLIC BRIEFING DECEMBER 6,2022 Here is the History and Timeline: HISTORY AND TIMELINE • Initial Council Briefing (May 24,2022) • Draft posted on City Website following briefing:(1452 views,296 comments from 223 participants) • Initial Council Consideration(June 7) • Deferred for more public input on June 7,July 12 and October 30 • Online survey September 12 through September 30,2022 • >2550 people accessed survey;43 participants; 131 distinct comments;5 drafts with proposed amendments • Review by Council liaisons and Staff resulting in revised draft posted online on November 4 • Additional opportunity for online comment through SpeakUpVB.com from November 4 to November 13 (1729 views,30 comments from 27 participants) • Community Meetings—afternoon and evening(November 16,2022) December 6, 2022 24 CITY COUNCIL'S BRIEFINGS NOISE ORDINANCE UPDATE ITEM#73531 (Continued) Here is an overview of the Purpose/Need: PURPOSE/NEED 1 Provide relief from excess noise experienced by residents,visitors,and business community by removing practical barriers to enforcement Enhance enforcement with reduced reliance on police personnel and specialized sound meter equipment by 2 employing plainly audible standard and authorizing enforcement of civil penalties using other city personnel or outside contractors 3 Establish hybrid penalty structure utilizing civil penalties for some violations while preserving criminal penalties for repeat or severe violations 3 CONTENTS 23-63. Declaration of Findings and Policy 23-64.Definitions 23-65.Administration and Enforcement 23-66.Specific Prohibitions(Civil Violations) 23-67.Noise Violations Measured by Sound Level Meter(Criminal Violations) 23-68.Measurement Procedures for Criminal Violation 23-69.Violations and Penalties 23-70.Exceptions a December 6, 2022 25 CITY COUNCIL'S BRIEFINGS NOISE ORDINANCE UPDATE ITEM#73531 (Continued) The next two (2) slides provide an overview of the Plainly Audible Standard: PLAINLY AUDIBLE STANDARD Plainly audible means any sound that can be heard by the human ear with or Specific words or phrases without a medically411111 0 need not be discernible. approved hearing aid or device. The detection of bass reverberations is sufficient to The sound must not be so constitute a plainly audible 14X faint that its source cannot sound. be identified. s PLAINLY AUDIBLE STANDARD Prohibits Noise Violation of Decibel-based that is "Plainly 1Plainly Audible Offenses May Still Audible" in Standard results Result in Criminal Defined Places at in Civil Penalty Enforcement Defined Times IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIII December 6, 2022 26 CITY COUNCIL'S BRIEFINGS NOISE ORDINANCE UPDATE ITEM#73531 (Continued) The next few slides provide the proposed language: 234 (a) Radios,television sets, musical instruments, loudspeakers,amplifiers and similar 235 devices.Using,operating,playing or permitting the operation or playing of any radio, 236 audio system in a motor vehicle,television,record,tape or compact disc player, 237 drum, musical instrument, loudspeaker, communication system, amplifier, or any 238 device capable of producing,reproducing or amplifying sound,or similar device in 239 such a manner or with such volume or duration that it is plainly audible(i)inside the 240 confines of another person's enclosed dwelling unit;or(ii)on private property of 241 another or on any public property at a distance of 100 or more feet in any direction 242 from the noise source between the hours of 7:00 a.m.and 10:00 p.m.("the Daytime 243 Hours);or(iii)on private property of another or on any public property at a distance 244 of 50 or more feet in any direction from the noise source between the hours of 10:00 245 p.m.and 7:00 a.m.("the Night-time Hours"). Notwithstandinq the foregoing,in the 246 Oceanfront Resort District and the Central Business Core District, the Daytime 247 Hours for purposes of this section shall be between 7:00 a.m.and 11:00 p.m.,and 248 the Night-time Hours shall be 11:00 p.m.to 7:00 a.m. Any person who violates any Section 23-66(a). Specific Provisions (Civil Violations). Section 23- 66(a) Specific Violations (Civil Penalties) 234 (a) Radios Spgl vi4P_seth r�1t>< ,nttrwnents.lou9}pc*keis.amplifrej gnu r r 235 devices Usrno.operatino planno or perm ttino the operation or plyirq of any radio 236 audro system;n a motor vehicle.tekwsan,record.tape or compact disc Player 237 drum,musical instrument,loudspeaker.communication system.amplifier,or any 238 device capable of producrna reproduuna or ampt yrra sound or similar device on 239 such a manner or with such volume or duratton that it is plainly audible tit inside the 240 torlfnes of another persons andosed dwehiny unt•a(ul On private prooerty 241 another or on any public property ate distance of 100 or more feet in any direction More strict night-time 242 ham the noise source between the fours of 7 00 a m and 10:00 p m.('the Carbine 243 Rowel:or(nil on private inggeltAanothef Qr OnLeny out*property at a_distanse limitation begins at 10 244 of 50 or more feet in any direction from the noise source between the hours of 10.00 245 p m and 7 00 a m('the N aht-time Hovel Notwithstanding the(oeoorrno in the p.m.except at 246 Oceanfront Resort District end the Central Domes'Coe Oistrrct,the Qgme 247 Hours for purposes of this section alias be between 700 a m and 11 00s m and Oceanfront and Town 248 the Nipht-Nine Hours shall be 11,00 p.m te 7,00 a m. Any person who violates any Center,which begin at 11:00 p.m. December 6, 2022 27 CITY COUNCIL'S BRIEFINGS NOISE ORDINANCE UPDATE ITEM#73531 (Continued) Section23-65 Administration and Enforcement. (b) Any person operating.permitting,or controlling a source of noise shall be guilty of or liable fa,any violation caused by that source If the person operating,permitting, or controlling the noise source cannot be identified,or the noise source is a business Who is the responsible Party-who can entity or premises,any owner tenant,resident,,or manager physically present on be charged under the ordinance? the property where the noise source is located ma be charged with avrolatron of 23-66 or 6 23-67 if the circumstances establish their dominion and control over the The person operating,permitting or noise source In instances where businesses offer live entertainment that is the controlling the noise source. source of noise in violation of this chapter,any ownerlsi or manager of such business who is on site at the time of the violation shall be rebuttably presumed to Owner,manager,tenant or resident be the person operating,permitting,or controlling the noise source in cases where physically on site if circumstances the violation is brought pursuant to the provisions of 6 23-66 Nothing in this section establish their dominion and control shall preclude a private citizen from obtaining a magistrate's summons based upon of noise source. a probable causedeterrsNnat.orn by 414e magisfrateseffree. Rebuttable presumption of control by on site owner or manager at business offering live entertainment for purposes of civil charge only. Section 23-65. Administration and lcl Whenever an authorized enforcement officer has reason to believe that a violation E n fo rC e m e n t. of any provision of this article has occurred,the enforcing officer may issue a notice Of violation to the person operating permitting or controlling the source of the noise In addition in cases where the enforcing officer has reason to believe that the offending noise may re-occur.such officer may also issue to the owner or manager Notice may be given to of the business or premises a written order requiring the owner or manager to take a property owner or such corrective measures as are necessary to remedy the offending noise and to prevent such re-occurrence.The written order to cease and abate may be directed manager to remedy and to any owner,manager.officer,director.or reg:stered agent of such business or premises.The notice and order shall be in writing and shall be hand-delivered to the prevent re-occurrence person to whom directed.or if not found,by mailing a copy thereof by certified mail O Il noise violation. to his or her usual place of abode and conspicuously posting a copy at the premises affected by notice and order,if any.Any owner or manager to whom a written order Failure to prevent re- to cease and abate any violation of His Chapter is issued and who fails thereafter to timely remedy the violation or prevent re-occurrence of additional violations may be occurrence may result chavecm accordettse wittlihArvonsp_fi2349Acjai, in criminal charges. December 6, 2022 28 CITY COUNCIL'S BRIEFINGS NOISE ORDINANCE UPDATE ITEM#73531 (Continued) WHO IS RESPONSIBLE? Noise Source Talk to/Charge under 23-65(b) Notice under 23-65(c) Owner's representative or manager on site;if Restaurant/Club with Live Music/DJ none present,musician or DJ directly Property Owner and/or Manager Home Share with Owner Present Property Owner Property Owner Short Term Rental with no Owner/Representative Present Short-Term Tenant Property Owner Long-Term Residential Tenant Long-Term Tenant/Occupant Property Owner and Long-Term Tenant Hotel Guest Rcom Occupant/Guest Occupant Property Owner Enforcement Officer may elect not to provide notice to property owner on first offense if voluntary compliance is gained and there is no reason to expect re-occurrence;but Officer may give notice on second or subsequent offense even with voluntary compliance. Here is a comparison of current and proposed Criminal& Civil Penalties: CRIMINAL & CIVIL PENALTIES Current Ordinance Proposed Ordinance Criminal Civil Criminal Civil penalties Class 2 Class 3 Class 2 specific misdemeanor fo- Class 1 misdemeanor for misdemeanor for prohibitions noise over misdemeanor for first offense subsequent based on"plain): defined dBA or repeat offenders offense audible standard" failure tp.a December 6, 2022 29 CITY COUNCIL'S BRIEFINGS NOISE ORDINANCE UPDATE ITEM#73531 (Continued) Here are the key points of the First Amendment: FIRST AMENDMENT 411 First Amendment protects all expressive r� Reasonable time,place activity,not just the O and manner restrictions spoken word are permissible Speaker or content- based restrictions face yBut ample alternative 4 means to express ideas strict scrutiny by the ' must remain courts 13 CITY SPONSORED & PERMITTED EVENTS City sponsored and/or permitted events(Section 23-70(c) and(d)) • Activities,such as parades,concerts and festivals can be sources of recreation,amusement,education and community building;however,these activities will almost always result in noise above the threshold for violation under the noise ordinance • By allowing these activities subject to a City sponsorship or Special Events Permit the public can enjoy the benefit of these events but with appropriate limitations as to time,place and recurrence which would minimize the noise impact 14 December 6, 2022 30 CITY COUNCIL'S BRIEFINGS NOISE ORDINANCE UPDATE ITEM#73531 (Continued) The remaining slides provide an overview of Vehicle Noise Enforcement: VEHICLE NOISE ENFORCEMENT Noisy Car Cars are Mobile . Unidentified Car Regulation Limited by State Requires Officer May Hear but Law Observation Not See STATE LAW: VEHICLE NOISE §46.2-1051.(Effective July 1,2022)Local ordinances;vehicle exhaust. The governing body of any county,city,or town may,by ordinance,regulate noise from a vehicle operated on a highway that is not equipped with a muffler and exhaust system conforming to§§46.2-1047 and 46.2-1049. §46.2-1047.Muffler cutout,etc.,illegal. It shall be unlawful to sell or offer for sale any(i)muffler without interior baffle plates or other effective muffling device or(ii)gutted muffler,muffler cutout,or straight exhaust.It shall be unlawful for any person to operate on the highways in the Commonwealth a motor vehicle,moped,or motorized skateboard or foot- scooter equipped with a gutted muffler,muffler cutout,or straight exhaust. 16 December 6, 2022 31 CITY COUNCIL'S BRIEFINGS NOISE ORDINANCE UPDATE ITEM#73531 (Continued) MSO VEHICLE NOISE: PROPOSED CITY ORDINANCE § 23-66. Specific Prohibitions (Civil Violations). (i) Vehicles. Operation of a motor vehicle or operation of a motorcycle within the city with a gutted muffler, muffler cutout, straight exhaust, or without an exhaust system in good working order, as provided by Code of Virginia, §§ 46.2-1047 and 46.2-1049. 144 QUESTIONS? Mayor Dyer expressed his appreciation to Mr. Stiles for the presentation. December 6, 2022 32 CITY COUNCIL LIAISON REPORTS ITEM#73532 4:07 P.M. Council Member Holcomb advised he attended the recent Military Economic Development Advisory Committee(MEDAC)Meeting and they have a project coming up to move a barrel weighing 126 tons from St. Julian's Creek Annex to Ft. Story and may request funding. Council Member Holcomb advised he will provide any other updates as he receives them. December 6, 2022 33 CITY COUNCIL LIAISON REPORTS ITEM#73533 (Continued) Council Member Berlucchi advised the Human Rights Commission (HRC) will host their Annual Awards Ceremony on December 841 at 7:00 P.M at the Convention Center. Council Member Berlucchi expressed his appreciation to Mr.Joe Burnsworth for his work in organizing this year's Award Ceremony as well as all of the other HRC Members for their hard work throughout the year. December 6, 2022 34 CITY COUNCIL LIAISON REPORTS ITEM#73534 (Continued) Council Member Rouse advised the Transportation District of Hampton Roads held a Ribbon Cutting Ceremony for the new base express which provides two (2) new routes to Naval Station Norfolk. Council Member Rouse advised the "Gold Route"will run off base to the Navy Exchange, seven (7) days a week, every 30 minutes and the "Blue Route"will run on base, Monday thru Friday, every fifteen (15) minutes, both routes are free and will be very beneficial to military members and their families. December 6, 2022 35 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73535 4:09 P.M. Council Member Berlucchi advised he worked with Council Member Tower to provide nominees for appointment to the Virginia Beach Cannabis Advisory Task Force(VBCATF). Council Member Berlucchi advised there were so many qualified applicants, he is proposing a Resolution to expand the membership by two (2) additional citizen members. Council Member Berlucchi distributed the proposed Resolution, "Regarding the Membership of the Virginia Beach Cannabis Advisory Task Force", attached hereto and made a part of the record. Council Member Berlucchi advised this Resolution will be considered during next week's City Council Meeting. Council Member Tower advised he was surprised to see the number of applicants who have experience in the cannabis industry as well as the number of interested citizens who applied. Council Member Tower expressed his appreciation to Council Member Berlucchi for his work on the VBCATF and members of RAC for their continuous efforts who brought this forward initially. December 6, 2022 REQUESTED BY COUNCILMEMBERS BERLUCCHI AND TOWER 1 A RESOLUTION REGARDING THE MEMBERSIP OF 2 THE VIRGINIA BEACH CANNABIS ADVISORY TASK 3 FORCE 4 5 WHEREAS, on October 20, 2022, the City Council established the Virginia Beach 6 Cannabis Advisory Task Force to review state and federal laws related to cannabis 7 consumption, sale and manufacture; to make recommendations of best practices related 8 to zoning and other policies to protect the public safety and quality of life of residents and 9 visitors; to gather public input on the issue; and to perform additional duties assigned to 10 the Task Force by the City Council; 11 12 WHEREAS, the resolution that established the Task Force provided for sixteen 13 members, including subject-matter experts, stakeholders, representatives of several 14 professions and of several City entities, and three citizens from across the City; 15 16 WHEREAS, a substantial number of citizens have expressed interest in serving 17 on the Task Force, and expansion of the Task Force membership to include two 18 additional citizen members would benefit the Task Force and the City. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That the task force shall consist of eighteen members, including: 24 25 • A City Council member; 26 • A Resort Advisory Commission representative; 27 • A resort business professional; 28 • A commercial real estate professional; 29 • A healthcare professional; 30 • A Minority Business Council representative; 31 • Two cannabis industry representatives; 32 • A Planning Department representative; 33 • An Economic Development representative; 34 • A member from law enforcement; 35 • A civic league representative; 36 • A representative from Virginia Beach City Public Schools; and 37 • Five citizens from across the City. 38 39 2. That, for the initial appointments, the following shall be appointed to one-year 40 terms: the representatives of the Resort Advisory Commission, Minority 41 Business Council, Planning Department, Economic Development, and the City 42 Council; the member from law enforcement; one of the two cannabis industry 43 representatives; and two of the five citizen members. The other initial 44 appointments, and any future appointments, shall be for two-year terms. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: -7riel; eT - City Attorney's Offic CA15999 R-2 December 6, 2022 36 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73536 (Continued) Vice Mayor Wilson advised she spoke with the family offormer Council Member Louis R.Jones concerning renaming the Bayside Recreation Center after him and received their appreciation and support. Vice Mayor Wilson distributed copies of the proposed Resolution, "Renaming the Bayside Recreation Center as, The Louis R. Jones Bayside Recreation Center", attached hereto and made a part of the record. Vice Mayor Wilson advised it will be considered during next week's City Council Meeting. December 6, 2022 t‘.\ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Renaming the Bayside Recreation Center as "The Louis R. Jones Bayside Recreation Center" MEETING DATE: December 13, 2022 • Background: Louis R. Jones served the residents of the City on the City Council for 36 years. This tenure included two periods of service as the Mayor (July 1, 1982 through June 30, 1984 and May 1, 2018 through November 19, 2018) and fifteen and a half years as the Vice Mayor(November 1, 2002 through May 1, 2018). Mr. Jones was known as "Mr. Bayside," and he was instrumental in many projects including the Lake Gaston Project. He passed away unexpectedly on June 18, 2022. The Bayside Lesner Bridge is located at 4500 First Court Road. This facility serves the recreational and fitness needs of the Bayside community and surrounding areas. Honoring the memory of former Mayor Jones by renaming the Bayside Recreation Center would be a fitting reminder to the City's residents and visitors of the many years of service he provided to the City. • Considerations: The attached resolution renames the Bayside Recreation Center in honor of Louis R. Jones. The resolution further provides for the City Manager to take all steps necessary to revise the signage for the facility and all other references to the facility to include its new name. • Public Information: Normal Council agenda process. • Attachments: Resolution Requested by Mayor Dyer and Vice Mayor Wilson REQUESTED BY MAYOR DYER AND VICE MAYOR WILSON 1 A RESOLUTION RENAMING THE BAYSIDE 2 RECREATION CENTER AS "THE LOUIS R. 3 JONES BAYSIDE RECREATION CENTER" 4 5 WHEREAS, Louis R. Jones served the residents of the City on the City Council for 6 36 years; 7 8 WHEREAS, his tenure on the City Council included two periods of service as the 9 Mayor(July 1, 1982 through June 30, 1984 and May 1, 2018 through November 19, 2018) 10 and fifteen and a half years as the Vice Mayor(November 1, 2002 through May 1, 2018); 11 12 WHEREAS, Louis R. Jones was known as "Mr. Bayside," and he was instrumental 13 in many projects including the Lake Gaston Project; 14 15 WHEREAS, Louis R. Jones passed away unexpectedly on June 18, 2022, at the 16 age of 86; 17 18 WHEREAS, the Bayside Recreation Center is located at 4500 First Court Road 19 and serves the recreational and fitness needs of the Bayside community and surrounding 20 areas; and 21 22 WHEREAS, honoring the memory of Louis R. Jones by renaming the Bayside 23 Recreation Center would be a fitting reminder to the City's residents and visitors of the 24 many years of service he provided to the City. 25 26 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That the Bayside Recreation Center, located at 4500 First Court Road, is 30 hereby renamed as "The Louis R. Jones Bayside Recreation Center." 31 32 2. That the City Manager is hereby directed to take all steps necessary to revise 33 the signage for the facility and all other references to the facility to include its 34 new name. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15983 R-1 November 30, 2022 37 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73 53 7 (Continued) Council Member Henley referenced the 2018 North Landing River/Albemarle Sound Estuarine Symposium Building a Shared Vision event and distributed copies of the proposed Ordinance, "To Authorize the 2023 North Landing River/Albemarle Sound Estuarine Symposium"as a request for an updated symposium to be held next Spring, attached hereto and made a part of the record, advising it will be considered during next week's City Council Meeting. December 6, 2022 2018 North Landing t ever/Albemarle Sound Estuarine S' 1nposuin Building a Shared Vision X _ E f1 s� s April 19, 201.8 - One Day Event Virginia Beach Convention Center 1000 19th St., Virginia Beach VA The City of Virginia Beach, in affiliation with the Albemarle-Pamlico National Estuary Partnership (APNEP), Virginia Institute of Marine Science (VIMS) and The Nature Conservancy (TNC) is hosting the "2018 North Landing River/Albemarle Sound Estuarine Symposium" on April 19, 2018 at the Virginia Beach Convention Center. The one-day event is designed to cultivate stakeholder collaboration, while providing awareness to identifying, protecting, and restoring the significant resources of the North Landing River/Albemarle Sound. Sample topics of discussion include the cultural history of the North Landing Watershed, an overview of the Albemarle-Pamlico Estuarine System, and opportunities for collaboration and partnerships between Virginia and North Carolina agencies, non-profits and educational institutions. Afternoon panel discussions, net- working opportunities and poster sessions are also planned. For more information/registration details visit www.vbgov.com/buildingasharedvision or contact Chuck Payne, Environmental Planner at (757) 385-8594 or via email at symposium@vbgov.com toteNIB •Pd tt OLD DOMINION ThNaWrC �� � ) MaxN Atz AEEJMf nservanc-y „mum,1,srmi .Kw,satsa CHOWAN UNIVFRFITY AOLARII \ REQUESTED BY COUNCILMEMBER HENLEY 1 AN ORDINANCE TO AUTHORIZE THE 2023 NORTH 2 LANDING RIVER / ALBERMARLE SOUND ESTUARINE 3 SYMPOSIUM 4 5 WHEREAS, on April 19, 2018, the City of Virginia Beach, in affiliation with the 6 Albemarle-Pamlico National Estuary Partnership (APNEP), Virginia Institute of Marine 7 Science (VIMS), The Nature Conservancy (TNC), and Old Dominion University, hosted 8 the "2018 North Landing River/Albemarle Sound Estuarine Symposium" at the Virginia 9 Beach Convention Center; 10 11 WHEREAS, the event cultivated stakeholder collaboration to identify, protect, and 12 restore the significant resources of the North Landing River/Albemarle Sound, and highly 13 knowledgeable speakers and subject matter experts addressed many topics during the 14 day-long symposium, including the cultural history of the North Landing Watershed, an 15 overview of the Albemarle-Pamlico Estuarine System, collaborative activities between 16 Virginia and North Carolina agencies, the state of the forest, wetlands, climate 17 change/sea level rise, fish habitats, and the research and activities of federal, state and 18 local government agencies, nonprofits, and educational institutions; and 19 20 WHEREAS, the City and the City's symposium partners would greatly benefit from 21 a follow-up symposium in which the City and other participants could share and discuss 22 the substantial additional data that the City and others have collected in the four years 23 since the first symposium; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA, THAT: 27 28 The City Council requests that the City Manager take the steps necessary for the 29 City to host a 2023 North Landing River/Albemarle Sound Estuarine Symposium in early- 30 to-mid April 2023 at the Virginia Beach Convention Center. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: ,7ZOrde City Attorney's Office CA16000 R-1 December 5, 2022 38 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73538 (Continued) Council Member Holcomb expressed his appreciation to the men and women of Public Safety who man every precinct,fire station, ambulance and Correction Center, standing ready to protect citizens of any evil, while the rest of us enjoy holiday gatherings. Council Member Holcomb advised the City is very fortunate to have these men and women. December 6, 2022 39 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73539 (Continued) Council Member Wooten advised she has included a Pilot Study as part of the proposed Panhandling Ordinance and distributed copies of the draft, "Authorizing the City Manager to Erect Signs Discouraging Motorists From Giving Money to Panhandlers', attached hereto and made a part of the record, advising it will be considered during next week's City Council Meeting. December 6, 2022 .. �Gt��..n.•,......„ . Ac'Z C.,.„ ity cif Vi ri rii t Bach is �),. , off...`4501 ,4 .� 0UR NATO `vvs.1 VBgUYcO111 MARK D.STILES MUNICIPAL CENTER,BUILDING 1 CITY ATTORNEY 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9004 (757)385-4531 FAX(757)385-5687 TTY. 711 December 2, 2022 Honorable Robert M. Dyer, Mayor Members of City Council Municipal Center 2401 Courthouse Drive Virginia Beach, VA 23456 Re: Panhandling Ordinance Dear Mayor Dyer and Members of the City Council: Councilmember Wooten asked me to provide you with the enclosed revised version of her panhandling ordinance. Sincerely, ..e-r-l&r,"e4- ---S- _ Roderick R. Ingram Deputy City Attorney RRI:ks Enclosure cc: Patrick A. Duhaney, City Manager Mark D. Stiles, City Attorney REQUESTED BY COUNCILMEMBER WOOTEN 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 ERECT SIGNS DISCOURAGING MOTORISTS FROM 3 GIVING MONEY TO PANHANDLERS 4 5 WHEREAS, City staff has recommended a holistic, coordinated approach 6 involving community stakeholders—including multiple City departments, service 7 partners, and businesses—to effectively address panhandling in Virginia Beach; 8 9 WHEREAS, staff identified four key goals to address panhandling: 10 11 1. Enhance understanding of panhandling in Virginia Beach and its impact 12 on the community; 13 14 2. Develop a campaign to educate and change behaviors of givers and 15 raise awareness of how people experiencing homelessness can access 16 services; 17 18 3. Enhance and expand engagement with the business community; and 19 20 4. Research and study successful programs to address panhandling in 21 other communities; and 22 23 WHEREAS, the posting of signage that discourages motorists from giving to 24 panhandlers but instead provides a link to information about local nonprofits that donors 25 could support, or that persons in need of services could contact for assistance, could 26 further the second goal above of educating and changing behaviors of donors and 27 providing those in need with access to supportive resources; 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized and directed to erect and maintain, at 33 proper places within City rights of way, appropriate signs discouraging motorists from 34 giving money to panhandlers. Such signs shall be placed in locations where, in the 35 judgment of the City Manager, it would be unsafe for motorists to give money to 36 panhandlers; and 37 38 That the signs erected pursuant to this ordinance shall read, "Please do not 39 encourage panhandling by giving money from your vehicle. Give to Many, Not Just 40 One," and the signs shall include a QR code or website with information regarding local 41 nonprofit community partners that donors could support or that persons in need could 42 contact for assistance. 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 CA15857 R-3 October 28, 2022 40 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73540 (Continued) Council Member Moss advised the Congressional Budget Office released their short and long term budget forecast with a significantly lower Gross domestic product (GDP) since the Body received the Five-Year Forecast and suggested reconsidering the City's budget guidance as it may be impacted with the reduced GDP growth rate. December 6, 2022 41 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73541 (Continued) Council Member Miles expressed her appreciation to Council Members Rouse and Wooten and Council Members Elect Rouse and Ross-Hammond for their attendance at the Bayside Town Hall, as well as the staff, who helped organize the event and were phenomenal. December 6, 2022 42 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73542 (Continued) Mayor Dyer advised he attended a meeting with the Hampton Roads Mayors formed to curtail violence in the Region to discuss the tragic events of the mass shooting at the Walmart in Chesapeake on November 23rd, as it brought up memories of the City's mass shooting and brought to light the continuous work still needed to address and prevent violence in the Region. Mayor Dyer advised more recently, the City had an officer involved shooting where a fatality occurred. Mayor Dyer advised the investigation determined the Police Officer's life was in jeopardy, adding, those in Public Safety who are answering calls 24/7 and never know what type of call they will be going to should all be valued and appreciated for making this City safe. • December 6, 2022 43 AGENDA REVIEW SESSION ITEM#73543 4:26 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code 18-5.2 re business license fees and taxes and provide revenue offsets: Option 1 ($200,000 Threshold Version) Option 2 ($300,000 Threshold Version) Option 3 ($500,000 Threshold Version) (Requested by Council Members Moss, Tower and Wooten) 2. Ordinance to AMEND City Code Section Chapter 23, Article II re noise (Requested by Council Members Moss and Tower)Deferred from October 18, 2022 3. Ordinance to ADD Article XVI to City Code Chapter 35 re establish disposable plastic bag tax Deferred from September 6, 2022 (Requested by Council Member Tower- COUNCIL MEMBER TOWER REQUESTS WITHDRAWAL) 4. Ordinance to ACCEPT the recommendations of the Citizens Committee on Boards and Commissions(Requested by Council Members Berlucchi and Henley) 5. Resolution to REQUEST the Virginia Beach Development Authority (VBDA) to continue forbearance on the loan to Vanguard Landing,LLC(Requested by Council Member Henley) 6. Ordinance to APPROPRIATE$100,000 of the Tourism Investment Program (TIP)fund to the FY 2022-23 Convention and Visitors Bureau Operating Budget and INCREASE the Annual Grant re Neptune Festival(Requested by Council Members Berlucchi and Branch) 7. Ordinance to DECLARE City-owned property at 3000 Barberry Lane to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Joseph P. and Amy L.Heilman 8. Ordinance to AUTHORIZE acquisition of property in fee simple and the acquisition of temporary and permanent easements, either by agreement or condemnation re Shore Drive Corridor Improvements-Phase III Project, CIP 100381 (formerly CIP 2-117) 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-way known as Windsor Crescent re maintain existing stone patios, stone walls, PVC fence, brick steps,fire pit, wood fence and grassy area at the rear of 3868 Jefferson Boulevard(District 9, Formerly District 4 —Bayside) 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned Property known as West Canal re maintain an existing vinyl bulkhead, construct and maintain a vinyl bulkhead, wharf, and four (4)pile boat lift at the rear of 2304 Windward Shore Drive (District 8, Formerly District 5—Lynnhaven) December 6, 2022 44 AGENDA REVIEW SESSION ITEM#73543 (Continued) 11. Ordinance to APPROPRIATE $2-Million of the Tourism Investment Program (TIP) fund and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water,LLC 12. Ordinance to ACCEPT and APPROPRIATE $3,575,692 from the Virginia Department of Transportation (VDOT)for roadway work to CIP Projects 100425 "Traffic Signal Rehabilitation Project Phase II" and 100401 "Street Reconstruction Phase II" and FY2022-23 Public Work Operating Budget re purchase a bucket truck and street light parts 13. Ordinance to ACCEPT and APPROPRIATE$750,000 from the Commonwealth Opportunity Fund to Virginia Beach Development Authority(VBDA)re award for the Acoustical Sheetmetal Project 14. Ordinance to ACCEPT and APPROPRIATE$562,485 from the Virginia Department of Criminal Justice Services to the Virginia Beach City Public Schools as a grant subrecipient re 15 Security Officers and/or Security Assistants 15. Ordinance to ACCEPT and APPROPRIATE$440,000 from the Department of Behavioral Health and Development Services to the FY2022-23 Human Services Operating Budget re support substance use disorder programs 16. Ordinance to ACCEPT and APPROPRIATE $214,809.75 from the Virginia Department of Agriculture and Consumer Services to the FY2022-23 Agricultural Reserve Program (ARP)Special Revenue Fund Operating Budget re reimburse City for a portion of cost to acquire preservation easement 17. Ordinance to ACCEPT and APPROPRIATE$146,220 from the Department of Behavioral Health and Development Services to the FY2022-23 Human Services Operating Budget re Project LINK support services J. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARA TEL Y ITEM#5 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#6 ITEM#8 WILL BE CONSIDERED SEPARATELY ITEM#9 WILL BE CONSIDERED SEPARATELY ITEM#10 WILL BE CONSIDERED SEPARA TEL Y ITEM#11 WILL BE CONSIDERED SEPARA TEL Y December 6, 2022 45 AGENDA REVIEW SESSION ITEM#73543 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC& WPL VENTURES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots at 111 73rd Street DISTRICT 6(formerly District 5-Lynnhaven)Deferred from August 9, 2022 2. PRINCESS ANNE COUNTRY CLUB/PRINCESS ANNE COUNTRY CLUB&EXPANSION ONE, LLC for a Change of Nonconformity (Expansion of Non-Conforming Use) re one-story dwelling for event space and overnight lodging at 3901 Holly Road, 488 Linkhorn Drive, 3800 Pacific Avenue DISTRICT 6(formerly District 6-Beach) 3. SXCW PROPERTIES II,LLC for a Conditional Use Permits re car wash facility& automotive service station at 3264 Holland Road DISTRICT 3 (Formerly District 3-Rose Hall) 4. EARTHSCAPES ENTERPRISES,LLC/VALIANOS PROPERTIES,LLC& JEM,LLC for a Conditional Use Permit re bulk storage yard at 619 & 623 London Bridge Road DISTRICT 3 (formerly District 6-Beach) 5. FANTASY TATTOO COMPANY/WCSC,LLC for a Conditional Use Permit re tattoo parlor at 1920 Centerville Turnpike, Suite 118 DISTRICT 7(formerly District 1-Centerville) K.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y ITEM#3 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#3 COUNCIL MEMBER TOWER FILED A DISCLOSURE ON ITEM#4 December 6, 2022 46 ITEM#73544 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: 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) • Atlantic Park Project 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 6-formerly Beach District • District 5-formerly Beach District LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3711(A)(8). • Atlantic Park Project 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 December 6, 2022 47 ITEM#73544 (Continued) Upon motion by Council Member Moss, seconded by Council Member Branch, City Council voted to proceed into CLOSED SESSION at 4:33 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 4:33 P.M. — 4:47 P.M. Closed Session 4:47 P.M. — 5:57 P.M. December 6, 2022 48 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL DECEMBER 6,2022 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, December 6, 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: Council Member Wooten 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. December 6, 2022 49 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. December 6, 2022 50 VI.E CERTIFICATION ITEM#73545 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, 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 December 6, 2022 k G O • = r, +r ego OF OUR NI.004s 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#73544 on Page 47 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ands Barnes, City Clerk December 6, 2022 51 ITEM— VI.F.1 MINUTES ITEM#73546 Upon motion by Council Member Miles, seconded by Council Member Holcomb, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 15,2022 Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Delceno C. Miles, John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Aaron R. Rouse Council Members Absent: None December 6, 2022 52 ITEM— VLF.2 MINUTES ITEM#73547 Upon motion by Council Member Miles, seconded by Council Member Holcomb, City Council APPROVED the MINUTES of the FORMAL SESSION of November 22,2022 Voting: 10—0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Delceno C. Miles, John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Aaron R. Rouse Council Members Absent: None December 6, 2022 53 ITEM— VLG.1 MAYOR'S PRESENTATION ITEM#73548 RESOLUTION 75th ANNIVERSARY PRINCESS ANNE COURTHOUSE VOLUNTEER RESCUE SQUAD AND FIRE DEPARTMENT Mayor Dyer welcomed Chief Andrew Rabideau and presented the "75th ANNIVERSARY PRINCESS ANNE COURTHOUSE VOLUNTEER RESCUE SQUAD AND FIRE DEPARTMENT RESOLUTION" to honor the founding members who established the first Fire Department in Princess Anne County in 1947, as well as all of those who followed and served the area as it evolved into becoming known as Station 5, and the third largest rescue squad in the City. Mayor Dyer expressed his appreciation to Chief Rabideau and all of the members of the Princess Anne Courthouse Volunteer Rescue Squad and Fire Department. Chief Rabideau expressed his appreciation for this recognition and is hopeful that members of the Princess Anne Courthouse Volunteer Rescue Squad and Fire Department will return in 25 years to celebrate their 100th Anniversary. December 6, 2022 z . Ss i or OM fro ti RESOLUTION WHEREAS:In the early days of the 20`h century, Princess Anne County was comprised almost entirely of farmland and was known as Courthouse Station did not have its own fire department.If a medical emergency were to arise or a fire started in the county,the closest fire station was at the oceanfront outside the Princess Anne County limits.This left some areas in the county nearly isolated;and WHEREAS:In April 1947,twelve residents of the Princess Anne Court House area banded together to solve this crucial issue that faced the community.Thus,forming the Princess Anne Court House Volunteer Fire Department. WHEREAS:In November 1947,the squad was officially chartered by the Commonwealth of Virginia State Corporation Commission, with Roland West,Herman Bartee,Harry Sawyer,Moses Flanagan,Luke Hill, S.Paul Brown,David "Johnny" Vaughan, Oscar Chaplain and Frank W.Kellam listed as the charter members. WHEREAS:As the Princess Anne Court House Volunteer Fire Department sought to provide resources and safety to their community they were met with some challenges. The first being the acquisition of a fire engine. Though their appeals to the National Guard requesting a fire engine were not met,local politician Frank Kellam,stepped up to help. With their determination and the support of the community,they were able to raise the funds to purchase a used fire engine. WHEREAS:The fire engine was housed in a local barn until the purchase and construction of the Courthouse Fire Station,which was located just north of the County Jail Lodge(across the street from the modern-day Shell Station at the Municipal Center);and WHEREAS:In late 1949, the hard work and dedication from these volunteers did not cease. The new station was built by the volunteers themselves and served as a multipurpose space for the community to congregate;and WHEREAS:In 1950,Chief West purchased 7 helmets and the station purchased their first,used but new to them,Cadillac Station Wagon to serve as an ambulance.The volunteers continued to go above and beyond by raising funds to properly equip and stock the ambulance to better serve the community;and ,..-,i ,,''a, eta -- -_.tea_ foki,, ;:.,, WHEREAS:The volunteer Fire Departments soon began receiving communication equipment from Princess Anne County.The order in which the systems were scheduled to be installed would determine their station number.Princess Anne Courthouse was the 5th station to receive their equipment;and WHEREAS:In 1963,Princess Anne County merged with the Town of Virginia Beach to create the Independent City of Virginia Beach. The area surrounding Station 5 would become the Virginia Beach Municipal Center;and '' WHEREAS:The Courthouse Volunteers would soon modernize with the purchase of a"Big Engine"in 1967 and a built-to-order ambulance i ,- in the 1970's.As the City grew,a single paid fireman was added to the Monday through Friday 9 a.m.—5 p.m.shift to assist the volunteers. Shortly after,the department would enhance their skills with educational programs and certifications;and P WHEREAS:By 1988,thirty-three members collectively volunteered thirty-eight hundred hours serving the forty-five hundred families residing in their immediate response area;and WHEREAS:Fast forward a few years,the station would be responsible for larger events such as the Pungo Strawberry Festival and the events held at the newly constructed Virginia Beach Amphitheater.The station would continue to grow and meet the needs of the surrounding area as it expanded and welcomed new residents;and �2 WHEREAS:Station 5 would soon become the third largest volunteer rescue squad among the other 10 operating in the area;and WHEREAS:Princess Anne Courthouse Volunteer Rescue Squad celebrates 75 years of operation this month;and WHEREAS:While we reflect on the contributions this organization has made to our community,we would also like to take a moment to reflect ;, on their rich history.The foundation of this department was built on the needs of the community.Residents took it upon themselves to take care of one another.As the department grew those core values never faded;and NOW,THEREFORE,BE IT RESOLVED:That the City Council congratulates Princess Anne Courthouse Volunteer Rescue Squad and Fire Department on its anniversary and long-lasting commitment to the City;and BE IT FURTHER RESOLVED:Given by the Council of tie City of Virginia Beach, Virginia the 6i day of December 2022 and present this ResolutioonA -duly signed byft h e'er of the Virginia ity Council.4. 4 ..4. jp: ?ilLyk. Council-91em6er9,1ichae(T Berlucchi Council-Wernher Linwood.O.Branch Council 9Kem6er(Bar6ara31.Ire pl( It I b al C il .' tt--- Council 71em6er . "Rocky"Jfolc 6 Council 31ember(De(cenoC.9Kiles Council9Kem6er John(D.9Koss a., .. -74_,________ (3---444 ,6, 4)„. --_____ • , Council em erAaron R Rouse Council'9Kem6er Guy R,Tower Council-9Kem6erSa6rina(D.Wooten Vice ye 9Ka or Ros ty Wilson Wayor ert 3.1. o66y"(Dyer 54 ITEM— VI.H.1 PUBLIC HEARINGS ITEM#73549 Mayor Dyer DECLARED a PUBLIC HEARING: FY2022-23 VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM(CIP)AMENDMENTS— Appropriation of Reversion funding 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 December 6, 2022 55 ITEM— VI.H.2 PUBLIC HEARINGS ITEM#73550 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED TAX EXEMPTIONS FROM REAL AND PERSONAL PROPERTY TAXES a. The Princess Anne Crew Club Auxiliary b. Little Christian Academy c. Coastal Virginia Building Industry Association, Inc. d. Junior Achievement of Greater Hampton Roads, Inc. 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 December 6, 2022 56 ITEM— VLH.3 PUBLIC HEARINGS ITEM#73551 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY Approximately 2.25 acres of City-owned property on Upton Drive near the intersection of Nimmo Parkway The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Bob Kugler, 2084 Bierce Drive, Phone: 430-6228, spoke in SUPPORT Mirella Stalnaker, 1040 Sandoval Drive, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING Mayor Dyer took a moment to recognized Boy Scout Jackson Quick,from Troop 996, who was in attendance and provided him with a City Seal lapel pin. December 6, 2022 57 ITEM— VLJ FORMAL SESSION AGENDA ITEM#73552 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 J: 3, 4, 6, 7, 11, 12, 13, 14, 15, 16 and 17 and Planning Item K: 2, 4 and 5 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions J: 3, 4, 6, 7, 11, 12, 13, 14, 15, 16 and 17 and Planning Item K:2, 4 and 5 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 J. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y ITEM#2 WILL BE CONSIDERED SEPARA TEL Y ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#6 ITEM#8 WILL BE CONSIDERED SEPARA TEL Y ITEM#9 WILL BE CONSIDERED SEPARATELY ITEM#10 WILL BE CONSIDERED SEPARA TEL Y ITEM#11 WILL BE CONSIDERED SEPARA TEL Y K.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y ITEM#3 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#3 COUNCIL MEMBER TOWER FILED A DISCLOSURE ON ITEM#4 December 6, 2022 58 ITEM— VLJ.1 ORDINANCES/RESOLUTIONS ITEM#73553 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION After City Council discussion, Vice Mayor Wilson made a motion, seconded by Council Member Berlucchi, to DEFER Ordinance to AMEND City Code 18-5.2 re business license fees and taxes and provide revenue offsets: Option 1 ($200,000 Threshold Version) Option 2($300,000 Threshold Version) Option 3 ($500,000 Threshold Version) (Requested by Council Members Moss, Tower and Wooten) Council Member Moss then made a SUBSTITUTE MOTION, seconded by Council Member Tower, to ADOPT City Code 18-5.2 re business license fees and taxes and provide revenue offsets Option 2 ($300,000 Threshold Version) Voting: 4-7(MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: John D. Moss,Aaron R.Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Delceno C. Miles and Vice Mayor Rosemary Wilson Council Members Absent: None December 6, 2022 59 ITEM— VLJ.1 ORDINANCES/RESOLUTIONS ITEM#73553 (Continued) Council Member Rouse then made a SUBSTITUTE MOTION, seconded by Council Member Moss, to ADOPT City Code 18-5.2 re business license fees and taxes and provide revenue offsets Option 1 ($200,000 Threshold Version) Voting: 6-5 Council Members Voting Aye: Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Delceno C. Miles and Vice Mayor Rosemary Wilson Council Members Absent: None December 6, 2022 60 ITEM— VI.J.1 ORDINANCES/RESOLUTIONS ITEM#73553 (Continued) Upon motion by Council Member Rouse, seconded by Council Member Moss, City Council ADOPTED, Ordinance to AMEND City Code 18-5.2 re business license fees and taxes and provide revenue offsets Option 1 ($200,000 Threshold Version) (Requested by Council Members Moss, Tower and Wooten) 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 December 6, 2022 REQUESTED BY COUNCILMEMBERS MOSS, ROUSE, TOWER AND WOOTEN $200,000 Threshold Version 1 AN ORDINANCE TO AMEND SECTION 18- 2 5.2 OF THE CITY CODE PERTAINING TO 3 BUSINESS LICENSES FEES AND TAXES 4 AND TO PROVIDE REVENUE OFFSETS 5 6 SECTION AMENDED: § 18-5.2 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 1. That Section 18-5.2 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 18-5.2. License fees and taxes. 15 16 Effective January 1, 1997, every person required by section 18-5 of this chapter to have 17 a business license shall pay the following license fees and taxes, as applicable, unless 18 specifically provided otherwise: 19 20 (a) Businesses with gross receipts during the preceding calendar year of twenty-five 21 thousand dollars ($25,000.00) or less shall pay a fee of twenty-five fe4yF dollars 22 ($25.00 /10.00); 23 24 (b) Businesses with gross receipts during the preceding calendar year of between 25 twenty-five thousand and one dollars ($25,001.00) and one hundred thousand 26 dollars ($100,000.00) shall pay a fee of forty fifty dollars ($40.00 50.00); 27 28 (c) Businesses with gross receipts during the preceding calendar year of between 29 one hundred thousand and one dollars ($100,001.00) and two hundred thousand 30 dollars ($200,000.00) shall pay a fee of fifty dollars ($50.00); 31 32 (.) Businesses with gross receipts during the preceding calendar year of greater 33 than two one hundred thousand dollars ($200,000.00 100,000.00) shall pay a 34 license tax on gross receipts. Such license tax shall be calculated by applying the 35 specific percentage rate provided in this chapter for each different classification of 36 business to the amount of a business' gross receipts; and 37 38 ) (d) For purposes of this section, the term "gross receipts" shall include, but not be 39 limited to, the following: gross receipts, gross sales, gross commissions, gross 40 contracts or orders. 41 42 2. To provide offsets totaling $1,059,792 for this ordinance, $564,339 for the City 43 portion is hereby provided from attrition savings in the General Fund to the revenue 44 anticipated from business license taxes. The City Manager is hereby directed to put a 45 reservation of $495,453 in the fiscal year amounts provided to the Virginia Beach City 46 Public Schools to allow the School Board to enact a resolution providing the offset 47 required by the City Schools Revenue Sharing Policy. 48 49 3. This ordinance shall apply for business license years on or after January 1, 2023. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6 t h day of December , 2022. APPROVED AS TO LEGAL SUFFICIENCY: _,_____ orn y's Office CA15502 R-3 (200k) December 6, 2022 61 ITEM— VLJ.2 ORDINANCES/RESOLUTIONS ITEM#73554 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Robert Good, 2205 West Admiral Drive, Phone:285-1234, spoke in SUPPORT Brian Malsch, 552 Woodlake Road, Phone: 447-7353, did not respond Joseph DiRosa, 1268 Lambeth Lane, spoke in SUPPORT Kevin Martingayle, 3704 Pacific Avenue#300, Phone: 416-6009, spoke in OPPOSITION Eric Alger, 2329 Kingsman Arch, Phone:286-4449, spoke in SUPPORT Jay Jamison, 1508 Duke of Windsor Road, Phone: 692-5858, Spoke in OPPOSITION A motion was made by Council Member Moss, seconded by Council Member Tower, to ADOPT Ordinance to AMEND City Code Section Chapter 23, Article II re noise (Requested by Council Members Moss and Tower)Deferred from October 18, 2022 Voting: 5- 6(MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Delceno C. Miles, John D. Moss and Guy K. Tower Council Members Voting Nay: Linwood O. Branch, Mayor Robert M. Dyer, N. D. "Rocky"Holcomb, Aaron R. Rouse, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None December 6, 2022 62 ITEM— VI.J.3 ORDINANCES/RESOLUTIONS ITEM#73555 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council WITHDREW, BY CONSENT, Ordinance to ADD Article XVI to City Code Chapter 35 re establish disposable plastic bag tax Deferred from September 6, 2022 (Requested by Council Member Tower - COUNCIL MEMBER TOWER REQUESTS WITHDRAWAL) 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 December 6, 2022 63 ITEM— VI.J.4 ORDINANCES/RESOLUTIONS ITEM#73556 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT the recommendations of the Citizens Committee on Boards and Commissions(Requested by Council Members Berlucchi and Henley) 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 December 6, 2022 REQUESTED BY COUNCILMEMBERS BERLUCCHI AND HENLEY 1 AN ORDINANCE ACCEPTING THE 2 RECOMMENDATIONS OF THE CITIZENS 3 COMMITTEE ON BOARDS AND 4 COMMISSIONS 5 6 WHEREAS, the City Council values the vital role of its boards and commissions in 7 making certain that the voices of the City's citizens are heard, because citizen input and 8 participation with local government are critical to our quality of life; 9 10 WHEREAS, on November 19, 2019, the City Council reestablished the Citizens 11 Committee on Boards and Commissions ("Citizens Committee") to identify potential 12 improvements to the appointment process for the City's boards and commissions and 13 best practices for board operations; 14 15 WHEREAS, following a delay necessitated by the COVID-19 Pandemic, the 16 dedicated appointees who served on the Citizens Committee met 29 times and logged 17 more than 500 volunteer hours from November 2020 to May 2022, while they carefully 18 analyzed all aspects of the City's boards and commissions; 19 20 WHEREAS, the Citizens Committee surveyed the chairs and staff liaisons of the 21 City's boards and commissions; re-examined the 2003 recommendations of the 22 previously appointed Citizens Committee; reviewed policies and procedures used by 23 other localities in Hampton Roads and throughout the nation; received and incorporated 24 advice and input from members of the City Council, the City Clerk's Office, the City 25 Attorney's Office, the Office of Performance and Accountability (previously known as the 26 STiR Office), and the Office of Volunteer Resources; developed model forms and 27 templates for use by applicants and staff; and drafted a report with more than 200 28 recommendations and best practices; and 29 30 WHEREAS, in June 2022, the Citizens Committee presented its 47-page Final 31 Report to City Council of the Citizens Committee on Boards and Commissions ("Final 32 Report") to the City Council in writing, and the Chair provided a public briefing on the 33 recommendations during the Council Workshop on July 12, 2002; 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA, THAT: 37 38 1. The City Council hereby accepts the Final Report, which replaces the 2003 39 recommendations of the prior Citizens Committee. 40 41 2. The City Council expresses its deepest gratitude to the members of the 42 Citizens Committee for their comprehensive report and their volunteer service to our City. 43 44 3. The City Clerk, with the assistance of the City Manager, the City Attorney, 45 and their employees, shall take the steps necessary to implement the recommendations 46 from the Final Report, but instead of the City Council establishing an implementation 47 board as contemplated in the Implementation section of the Final Report, the City Clerk 48 is directed to provide semi-annual status update reports to the City Council regarding 49 implementation of the recommendations. 50 51 Adopted by the City Council of the City of Virginia Beach, Virginia on the 6 t h 52 day of December , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ity Clerk's Office City Attorney's Office CA15994 R-2 November 29, 2022 2 ,07(A.ir"?. 1.9;"*"4444:44;7:21 c-14.41/4 4, 4-4 iii -*N. ,2%.044.46:460.51 City of Virginia Beach Final Reportto CityCouncil CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS June 3 , 2022 Final Report- June 3, 2022 EXECUTIVE SUMMARY Dear Mayor Dyer, Vice Mayor Wilson, and Members of City Council, In 2003 City Council appointed the first Citizens Committee on Boards and Commissions. That Committee made recommendations regarding all aspects of the City's Boards and Commissions, which Council adopted. In the nearly twenty years since, the City has taken great steps to implement many of those recommendations, but some were either not implemented or not uniformly enforced, new challenges arose, and the evolution of technology has significantly changed expectations and opportunities. On November 19, 2019, City Council adopted the Resolution to "Re-establish the Citizens Committee on Boards and Commissions." Our Committee was tasked with identifying potential improvements to the appointment process and best practices for board operations and staffing, and advising City Council on these matters. Our assigned scope of work was limited to organizations with members appointed by City Council; Mayor's Commissions and committees convened by others were not addressed. Following an extensive review process beginning in November 2020 and culminating in May 2022, we respectfully provide the enclosed report and recommendations for City Council's consideration. We have also developed and included nine Exhibits containing forms and tools to accelerate implementation, rather than leaving that work to be performed later by City staff. In developing these recommendations, our Committee met 29 times and logged over 500 volunteer hours. As a starting point, at our very first meeting the Committee was presented with a list of nearly 60 topics and questions compiled by the City Clerk's Office for evaluation. The Committee reviewed an extensive array of materials, including recommendations from the predecessor Committee, current City Ordinances, information from the City Clerk's website, print materials used to market opportunities on Boards and Commissions, and individual agency digital platforms. We examined procedures and materials from nearly 100 other localities from our neighboring localities in Hampton Roads to cities big and small all over the United States. In addition, we conducted two surveys: one among the chairs of the Boards and Commissions and one among the staff liaisons. Committee members also applied their extensive experience gathered from serving on numerous City Boards and Commissions. Our Committee's work was not without its challenges. The COVID-19 pandemic delayed our first meeting by eight months and prolonged our efforts with virtual meetings and occasional cancellations. In addition, like many other City Boards and Commissions we were not immune to quorum and attendance issues. Indeed, our Committee started with eleven members and now concludes with seven members. The Court's Redistricting ruling also impacted the work of the Committee, causing us to re-examine some of our recommendations. Ultimately though, these challenges proved to be integral to many of our recommendations as they highlighted areas where City processes should be improved. Moreover, they suggested to us that consistent re-evaluation through a standing committee would be beneficial to the City and avoid recurrence of implementation problems the prior committee's work experienced. During the course of our work the Committee also achieved a number of beneficial outcomes that have already impacted Boards and Commissions in the City. We assisted the Clerk's office CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 1 Final Report- June 3, 2022 in revising the Boards and Commissions Pamphlet and revising the City website. We drafted and tested many proposed forms and procedures, including within our own Committee's operations. We efficiently engaged the City Attorney's Office to evaluate and assist with resolving policy concerns that have since been applied to multiple agencies. We also encouraged the addition of student members on Boards and Commissions and have seen several such opportunities added. Additionally, we significantly increased knowledge and best practices among staff, staff liaisons, and Board and Commission chairs. Ultimately, the Committee identified three primary areas ripe for important improvements: 1. Public Engagement 2. Efficiency of Operation 3. Mission Fulfillment / Effectiveness We believe the enclosed recommendations present significant opportunities for improving these three critical concerns. As you can imagine, after nearly two years of work, these recommendations were subjected to significant discussion and review wherein we weighed public interest, administrative simplicity, and sustainability. Our key recommendations include: • Implementing software and new technologies to streamline many processes; • Developing and providing simple, standard training for appointees and staff liaisons; • Revamping attendance and quorum policies and providing for enforcement; • Implementing easier and more effective Annual Report and work product methods; and • Standardizing operating procedures. Finaliy, we would be remiss not to recognize the work of the individual members of the Committee, Council Members Berlucchi and Henley who served as Council Liaisons and the staff liaisons who provided expertise and wisdom throughout the process: Appointed Committee Members: Staff Liaisons: James B. (Jimmy) Wood, Chairman Amanda Barnes, City Clerk Walter T. Camp, Vice Chairman Terri Chelius, Chief Deputy City Clerk Lawrence (Larry) Dotolo Roderick Ingram, Deputy City Attorney Douglas (Doug) McLiverty Neva White, Chief Strategy Officer Bernice Pope Melissa Zibutis, Asst. to the City Manager Stacey Shiflet Mary Katherine Zimmerman, Volunteer Sylvia Nery-Strickland Resources Administrative Technician Without question, this process highlighted how many wonderful volunteers our city is fortunate to have and how lucky we are to have such a dedicated, efficient, and productive professional staff. Our recommendations should make their efforts easier and more effective. We look forward to the opportunity to brief you on our work and recommendations. Respectfully submitted, James B. (Jimmy) Wood Walter T. Camp Chairman Vice Chairman CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 2 Final Report- June 3, 2022 CONTENTS MISSION STATEMENT 5 GENERAL RECOMMENDATIONS 7 RECRUITING AND MARKETING 7 SOCIAL MEDIA POLICY 9 YOUTH INVOLVEMENT 10 PROSPECTIVE APPOINTEES 10 TALENT BANK APPLICATION 10 CONFLICT OF INTEREST REQUIREMENTS 11 BACKGROUND CHECK / BADGE ACCESS 11 PRE-APPOINTMENT INTERVIEWS AND RECOMMENDATIONS 11 TRAINING PROGRAMS 12 ATTENDANCE 14 EXPIRATION OF TERM / REAPPOINTMENTS 14 APPOINTMENTS HELD BY VIRTUE OF POSITION 16 CIRCUMSTANCES TO REMOVE AN APPOINTEE 16 Failure to Take Oath of Office (Lapse of Appointment) 16 Excessive Absences 17 Failure to File Financial Disclosure Form 17 Other Circumstances 18 CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 3 Final Report- June 3, 2022 RECOGNITION 19 COUNCIL LIAISONS 19 STAFF LIAISONS 20 ANNUAL REPORTS 21 APPOINTIVE AGENCY MISSION, ESTABLISHMENT AND SUNSETTING 22 TERMS OF OFFICE FOR ALL APPOINTIVE AGENCIES 23 BYLAWS 23 MEETING REQUIREMENTS 24 IMPLEMENTATION 25 EXHIBIT A -TALENT BANK APPLICATION 26 EXHIBIT B - STUDENT TALENT BANK APPLICATION 31 EXHIBIT C -TRAINING MODULES FOR APPOINTEES 36 EXHIBIT D -TRAINING MODULES FOR STAFF LIAISONS 37 EXHIBIT E - ATTENDANCE TEMPLATE 39 EXHIBIT F - REAPPOINTMENT REQUEST 40 EXHIBIT G - ANNUAL REPORT TEMPLATE 42 EXHIBIT H - BYLAWS TEMPLATE 44 EXHIBIT I -MEETING MINUTES TEMPLATE 46 CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 4 Final Report- June 3, 2022 MISSION STATEMENT [ V I ro-sific,z,;„': -'*; ,.N IJJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Reestablish the Citizens Committee on Boards and Commissions MEETING DATE: November 19, 2019 • Background: The City has been well-served by the hundreds of citizen volunteers who comprise the City's boards, commissions, committees, authorities, councils and other advisory bodies. In 2003, a City Council-appointed Citizens Committee on Boards and Commissions made recommendations regarding all aspects of the City's boards and commissions. Since then, most of the recommendations have been implemented, but the boards and commissions could benefit from a fresh look aimed at identifying potential improvements to the appointment process and best practices for board operations and staffing. • Considerations: The committee shall serve in an advisory capacity to the City Council, and the City Council shall appoint its members. The Committee shall consist of up to eleven members and should include residents who have served on a City board or commission, including a designee of the Process Improvement Steering Committee. Staff support shall be provided by the City Clerk's Office, the Office of Volunteer Resources, the STiR Office, and the City Attorney's Office. • Public Information: Via the normal Council agenda process. • Attachments: Resolution. Requested by Mayor Dyer CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 5 Final Report- June 3, 2022 REQUESTED BY MAYOR DYER 1 A RESOLUTION TO REESTABLISH THE 2 CITIZENS COMMITTEE ON BOARDS AND 3 COMMISSIONS 4 5 WHEREAS, the City has been well-served by the hundreds of citizen volunteers 6 who comprise the City's boards, commissions, committees, authorities, councils and 7 other advisory bodies; 8 9 WHEREAS, in 2003, a City Council-appointed Citizens Committee on Boards and 10 Commissions made recommendations regarding all aspects of the City's boards and 11 commissions. Since then, most of the recommendations have been implemented, but 12 the boards and commissions could benefit from a fresh look aimed at identifying potential 13 improvements to the appointment process and best practices for board operations and 14 staffing; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1. The City Council hereby reestablishes the Citizens Committee on Boards 20 and Commissions. 21 22 2. The committee shall serve in an advisory capacity to the City Council, and 23 the City Council shall appoint its members. 24 25 3. The Committee shall consist of up to eleven members and should include 26 residents who have served on a City board or commission, including a designee of the 27 Process Improvement Steering Committee. 28 29 4. Staff support shall be provided by the City Clerk's Office, the Office of 30 Volunteer Resources,the STiR Office, and the City Attorney's Office. 31 32 33 Adopted by the City Council of the City of Virginia Beach, Virginia on the 19 t h 34 day of November , 2019. APPROVED AS T CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: X--- it I r 's ice City Attorney's Office CA14929 R-1 November 8, 2019 CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 6 Final Report- June 3, 2022 GENERAL RECOMMENDATIONS 1 . City Council should reaffirm that citizen input and participation with local government are critical to quality of life and to ensure Virginia Beach as a "Community for a Lifetime." 2. City Council and City Staff should stress the vital role of Appointive Agencies' in making certain that the voices of citizens are heard. 3. As many other localities its size have already done, the City of Virginia Beach should implement Appointive Agency software to significantly increase public engagement, efficiency, and agency effectiveness while reducing administrative burden. 4. To increase public engagement significantly, to allow more choices of meeting places and times, and to reduce staff burden the City should better equip more rooms to easily and effectively accommodate hybrid meetings of Appointive Agencies involving both in-person and remote participation. Such facilities would also benefit City agencies and staff. 5. Future legislative agendas of the City of Virginia Beach should continue to seek greater opportunities for local advisory Appointive Agencies and their individual appointees to participate in meetings remotely. This recommendation does not extend to Appointive Agencies that are quasi-judicial or grant-making in nature, that render decisions on property rights, or to independent or regional agencies. RECRUITING AND MARKETING 1. City Council and City Staff shall make citizens aware of opportunities to serve on Appointive Agencies. 2. Membership on each Appointive Agency should reflect the geographic, gender, age, ethnic, and occupational diversity of the City. City Council should reaffirm a commitment to appoint Virginia Beach residents, except those appointed by virtue of their position, to the Appointive Agencies. 3. City Council should place an emphasis on public information outreach to inform the public and build interest in serving on Appointive Agencies. 1 Please note,we have chosen to utilize the term"Appointive Agencies"throughout these recommendations in lieu of "Boards and Commissions,""Committees," "Authorities," "Councils," "Panels," "Task Forces,"and other terms presently in use for organizations with one or more citizen-members appointed by the Virginia Beach City Council. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 7 Final Report- June 3, 2022 4. City Council shall direct the necessary stakeholders to develop and implement a public relations campaign to enhance participation and membership within the City of Virginia Beach Appointive Agencies. 5. The City Clerk shall work with the Communications Office to identify modern media and communication outlets to utilize for advertising volunteer opportunities with the City's Appointive Agencies. a. The City Clerk shall periodically meet with the Communications Office to ensure the most current modern media and communication outlets are being effectively utilized. b. As needed, the City Clerk shall utilize the Communications Office to advertise specific hard-to-fill Appointive Agency positions (e.g., those requiring specific educational backgrounds or specific licensure). 6. The City Clerk shall continue to maintain its Appointive Agencies pamphlet in hard copy. The City Clerk will also work to maintain an electronic version of the Appointive Agencies pamphlet easily accessible by the public. a. Every City office with a public-facing desk should be provided with copies of the Appointive Agencies pamphlet including Libraries and Recreation Centers (or another document directing the public to the electronic version of the pamphlet). b. Each year the City Clerk shall identify community organizations that may have members interested in serving on Appointive Agencies and ensure that these organizations are provided with the Appointive Agencies pamphlet. c. Each year the City Clerk shall identify under-represented communities' organizations that may have members interested in serving on Appointive Agencies and ensure that these organizations are provided with the Appointive Agencies pamphlet. d. The City Clerk shall ensure the Appointive Agencies pamphlets are made available to each member of City Council, so that City Council members may continue recruiting efforts at their community meetings and events. 7. The City's website should be enhanced to create a more vibrant, accessible, and informative "landing spot" for information on Appointive Agencies. a. This should include at a minimum: i. A full listing of all Appointive Agencies. ii. Links to the individual webpages and other digital platforms for each specific Appointive Agency. 1. The staff liaison for each Appointive Agency should maintain a current membership listing with appointed terms on their individual webpage including information on the meeting schedule and frequency. iii. Vacancies for each Appointive Agency. 1. The number of vacancies, including Student positions, should be listed at the beginning of each calendar year based on the number of open seats on each Appointive Agency, as CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 8 Final Report- June 3, 2022 well as the number of seats not specifically vacant, but whose term expires during that calendar year. iv. Adult and Student Talent Bank Application forms with online submittal capability, as described later in this report. v. Training materials described later in this report, enabling prospective applicants to become better prepared for service and providing convenient centralized access for current appointees. b. Adoption of Appointive Agency software would facilitate more efficient and standardized implementation of this recommendation and enable enhancements beyond the minimum, increasing public engagement. SOCIAL MEDIA POLICY 1. Appointive Agencies should be encouraged to use existing departmental and City platforms for reaching the public rather than establishing new platforms. 2. Appointive Agencies should annually evaluate the utilization, effectiveness, and resources required to maintain social media platforms and make appropriate changes to ensure efficiency. 3. Staff liaisons shall report all existing Appointive Agency social media platforms to the offices of the City Attorney and City Clerk. a. This recommendation is made at the request of the City Attorney's Office, which identified having a centralized registry of such sites as a best practice. 4. The City Clerk's webpage should include links to all Appointive Agency digital platforms. 5. Social media platforms for Appointive Agencies should be registered to the City of Virginia Beach following City procedures, and not be registered to private individuals. 6. Departments supporting Appointive Agencies should post social media content, which may be supplied by appointees, on their behalf. 7. Social media posts for Appointive Agencies should provide information, align with the agency's mission, and inform the public of meetings, events, and service opportunities. 8. The Commission's training recommendations include providing guidance for appointees on personal social media posts related to their City position. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 9 Final Report- June 3, 2022 YOUTH INVOLVEMENT 1. Appointive Agencies should be encouraged to identify and create opportunities for student involvement designed to support the agency's mission. This may include both formal participation on the Appointive Agency or informal participation on sub- committees, events, programs, etc. a. In the event an Appointive Agency seeks formal student involvement on the Appointive Agency, then the membership status of the student members (e.g., voting member or non-voting member, term of office, etc.) should be decided by City Council on a case-by-case basis based on input from the requesting Appointive Agency. 2. The City Clerk shall ensure information regarding opportunities for student/youth involvement with the Appointive Agencies is maintained on the City's website. 3. The City Clerk shall work with local schools, including private schools, home school organizations, and the Virginia Beach City Public Schools, to provide information on opportunities for student/youth involvement and Student Talent Bank Applications to these groups. PROSPECTIVE APPOINTEES 1. Prospective appointees should be encouraged to: a. Attend Appointive Agency meetings to learn about the group's mission and operations; b. Engage with the Appointive Agency by participating in its events and programs; c. Consider any opportunities to support the Appointive Agency's mission through Volunteer Office programs; and d. Prepare themselves for service by taking the online training proposed herein. TALENT BANK APPLICATION 1. The City Clerk shall implement the standard Talent Bank Application and Student Talent Bank Application attached to these recommendations. Please find the proposed Talent Bank Application attached as Exhibit A and the proposed Student Talent Bank Application attached as Exhibit B. 2. The City should explore the utilization of a software-driven online system for collecting applications to serve on Appointive Agencies, increasing efficiency and enabling greater reporting capabilities. a. In the interim, the City Clerk should implement a method to submit the Talent Bank Application electronically. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 10 Final Report- June 3, 2022 3. There should be no limit on the number of Appointive Agencies on which an individual can serve. Council should consider concurrent appointments, but they should not be the final decision criterion. A list of all Appointive Agencies on which a nominee currently serves should be provided to the Council before a new appointment or re-appointment is made. This is also incorporated into the (re)appointment application and request forms. CONFLICT OF INTEREST REQUIREMENTS 1. All appointees shall comply with state laws related to conflict of interest filing if the Appointive Agency on which they serve is subject to such requirements under state law. 2. All members of Appointive Agencies shall be required to acknowledge "The Principles of Service" statement, which is incorporated into the Talent Bank Application, Student Talent Bank Application, and Reappointment Request Form (see Exhibits A, B and F). BACKGROUND CHECK / BADGE ACCESS 1. In general, no background check should be required to serve on Appointive Agencies, except as specifically required by City Council, state law, or another governing authority. 2. Appointive Agencies should advise City Council of new circumstances that may warrant re-evaluation of specific background check requirements. 3. Appropriate access privileges for members of Appointive Agencies should be determined by professionals responsible for the security and safety of municipal facilities, rather than by a general ordinance. a. Those currently holding access badges should continue until otherwise determined by City security and safety authorities. b. Those desiring additional access privileges should make a request to the City Council liaison for evaluation by City security and safety authorities. PRE-APPOINTMENT INTERVIEWS AND RECOMMENDATIONS 1. City Council shall decide whether pre-appointment interviews are a requirement for each Appointive Agency on an individualized basis. Ultimate authority to make appointments does and should continue to rest with City Council. a. City Council may delegate authority to interview applicants for appointment to an Appointive Agency to the specific Appointive Agency. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 11 Final Report- June 3, 2022 2. If provided for by law or ordinance or with the consent of the appropriate City Council liaison, an Appointive Agency may conduct interviews to make recommendations for appointment to the Appointive Agency. a. Interviews shall comply with applicable public meeting laws. b. The Appointive Agency should seek guidance in advance from the City Attorney's Office on appropriate procedures for conducting interviews. 3. If an Appointive Agency, through its chair, wishes to make recommendations for appointment, the City Clerk may be consulted regarding interested applicants and for review of talent bank applications in the City Clerk's office. a. The City Clerk may provide the chair with basic contact information for applicants to the Appointive Agency, but shall not distribute talent bank applications, unless otherwise provided for by ordinance. b. Recommendations for appointment should be sent by the chair to the Appointive Agency's City Council liaison, or to the Vice Mayor if no liaison exists, with a copy to the City Clerk. 4. Changes in applicants' status. a. Talent Bank applicants shall be responsible for updating their applications, particularly with regard to changes in residency, criteria required for appointment such as current licensure, and ongoing availability/interest in appointment. b. Prior to appointment, and especially for Talent Bank applications on file for more than one year, efforts should be made either by the Clerk's Office, Appointive Agency chair, or staff liaison as appropriate, to contact the prospective appointee for confirmation of residency, required criteria, and ongoing availability/interest. TRAINING PROGRAMS 1. Create Training Programs for Appointive Agency Members and Staff Liaisons a. Take greater advantage of technology b. Simplify training into topic modules rather than a single, long course i. Easier for trainees to complete as time allows ii. Easier for the City to update portions as needed c. Enable training to be delivered online, preferably at a self-directed pace d. Reduce key training points into corresponding Training Handbooks (digital) e. Create a short introductory video from Mayor, Vice Mayor and/or City Manager f. Review training topics bi-annually and modify as the City's needs evolve g. To avoid burdensome administrative work, standard software (which the City may already use or which may be part of a municipal Appointive Agency package) should be considered to track training completion. 2. Appointive Agency Member Training a. Four short modules, shown on Exhibit C, are suggested for initial training program b. Timing of Training CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 12 Final Report- June 3, 2022 i. Until training tracking software is implemented, new Appointive Agency appointees should make reasonable efforts to take training prior to, or within 30 days after, appointment. ii. Current Appointive Agency appointees should make reasonable efforts to take training prior to, or within 30 days after, re-appointment. iii. Opportunities and encouragement should also be offered for current appointees to take training as it becomes available, rather than waiting until reappointment nears. iv. These recommendations should be revisited when automated tracking solutions become available, or during the bi-annual training program review noted above. c. Retraining or Supplemental Training i. To be considered as new matters arise (e.g., adoption of new laws, ordinances, policies, or circumstances such as COVID) ii. May be utilized as part of solutions for resolving appointee issues d. Make training available digitally to the general public via website delivery i. Talent Bank applicants may take early & note as a "Plus" factor ii. Promote civic knowledge & engagement, including potential use by students e. Information specific to the appointee's Appointive Agency should be provided soon after the chair and staff liaison are notified of the appointment. This orientation shall include times and places of meetings, ongoing projects, special events, operating procedures, and all related ordinances and resolutions. 3. Staff Liaison Training a. Topics shown on Exhibit D are suggested for initial training program b. Topics were determined in part from needs identified during surveys of Virginia Beach Appointive Agency staff liaisons c. Staff liaison training should include Appointive Agency Member Training modules i. To reduce creation of redundant materials ii. To better enable staff liaisons to reinforce Appointive Agency Member Training d. Timing of Training i. Equipping staff liaisons with uniform administrative tools and training will greatly facilitate successful Appointive Agency operations ii. Training should be implemented as a priority for all existing & new staff liaisons e. Periodic refresher training in group setting of existing liaisons should be conducted in coordination with the City Clerk, City Attorney and Office of Volunteer Resources to: i. Raise awareness of best practices and methods for resolving common challenges ii. Identify issues to leadership CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 13 Final Report- June 3, 2022 ATTENDANCE 1. To fulfill their duties, the City's Appointive Agencies rely upon the active participation of appointees. The chair of each Appointive Agency shall encourage attendance and enforce the City's Appointive Agency attendance policies. 2. Attendance at each Appointive Agency meeting shall be recorded in the Minutes. 3. The chair and staff liaison shall classify attendance according to the City's attendance policies. 4. When technology permits, meeting attendance should be promptly uploaded online by the staff liaison so the Clerk's office will have continuous access to current information. 5. Until technology allows ongoing reporting online, staff liaisons shall maintain a standard Appointive Agency Attendance Report (see Exhibit E) and promptly provide it to the chair, City Clerk, or Council liaison upon request. This Report should be provided to the City Clerk promptly after the last meeting of the calendar year, and it should also be included in the Appointive Agency's Annual Report. 6. City Council should consider attendance records when making (re)appointments. EXPIRATION OF TERM / REAPPOINTMENTS 1. The staff liaison shall give 90 days advance notice to any member of an Appointive Agency whose term is expiring. a. The staff liaison shall notify the member of their term expiration in writing (until technology permits a more streamlined process), including the Reappointment Request Form (see Exhibit F), with a copy to the chair and City Council liaison. The staff liaison shall inquire as to whether the member is interested in continuing their service with the appointive agency for an additional appointment period. The staff liaison shall also instruct the appointee to return the Reappointment Request Form at least 60 days in advance of their term's expiration. b. The chair of such Appointive Agency should also communicate with the member to determine the member's interest in continuing to serve on the Appointive Agency. c. The member should provide notice to the City Clerk as soon as possible (and at least 60 days in advance of the expiration of their term) regarding their desire to be re-appointed, utilizing the Reappointment Request form attached as Exhibit F. d. If a member eligible for reappointment does not timely return the Reappointment Request form, then the City Clerk should provide that information to Council for their consideration in the reappointment process. While it would be helpful to have the form returned, a failure to do so should not disqualify an individual from reappointment. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 14 Final Report- June 3, 2022 2. The staff liaison shall provide the City Clerk and City Council liaison with all measurable information and data related to members who are up for reappointment, including attendance and other concurrent appointments. 3. The chair of an Appointive Agency may provide recommendations to the City Council liaison, or to the Vice Mayor if no liaison exists or is available, and to the City Clerk for appointments and reappointments to the Appointive Agency. The City Clerk will provide any recommendations made by the chair to City Council for the Council's consideration. 4. The City Clerk should provide City Council with a list of the various Appointive Agency members whose terms are expiring 60 days in advance of such expiration date. 5. Appointments and reappointments of members to Appointive Agencies should occur thirty (30) days prior to the expiration of terms. 6. Council should continue its recently adopted practice of considering appointments at the conclusion of its workshop sessions in addition to regular business meetings, which has been effective in minimizing Appointive Agency vacancies. 7. Appointments beyond term limits. a. Staff liaison training recommendations described in this report shall include best practices related to communications with Appointive Agency members whose terms are expiring, and who have reached their maximum term limit, on the City Code provision allowing for additional terms in certain circumstances. b. Retain the current City Code provision (City Code § 2-3(b)) that enables the City Council, by an affirmative vote of a majority of all Council Members, to reappoint a person to one or more additional terms beyond those permitted by City Code § 2-3(a) when, by virtue of the unique qualifications of the position or other extenuating circumstances, doing so would serve the best interests of the City. c. City Council should provide a rationale when reappointing anyone beyond the term limits as set forth in Section 2-3(a). 8. Consider changing the term limits for Appointive Agencies that have specific membership requirements that are difficult to meet, as was done in City Code § 2-3(c) for appointees to the Board of Building Code Appeals. Such circumstances should be identified by the Clerk's Office, in Appointive Agency annual reports, and in the periodic procedural review process recommended elsewhere in this report. 9. An individual who previously served on an Appointive Agency shall not be deemed to have a consecutive appointment if three or more months have passed since the appointee's most recent term with the same Appointive Agency has concluded. 10. Letters of appointment and reappointment should include the appointee's obligation to self-report the loss of certification/license, change of residency, or other changes to factors upon which their appointment is conditioned. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 15 Final Report- June 3, 2022 APPOINTMENTS HELD BY VIRTUE OF POSITION 1. Government Positions. Unless otherwise specified by Ordinance, law, or bylaws approved by City Council, appointments of members to Appointive Agencies by virtue of concurrent service in a specific elected, appointed, or employed government position (Federal, State or local) shall terminate if an incumbent ceases to hold or is suspended from such position. Absent other action by City Council, their authorized successor in that government position, acting or permanent, shall also assume appointment to such Appointive Agency seats ordained as secondary assignments for their office, subject to subsequent confirmation by City Council. 2. Non-Government Positions. Unless otherwise specified by Ordinance, law, or bylaws approved by City Council, appointments of members to Appointive Agencies by virtue of concurrent service in a non-governmental position shall terminate if an incumbent ceases to hold or is suspended from such position. The Appointive Agency seat previously held by the incumbent shall be vacant until City Council appoints a successor. 3. Inter-Agency City Liaisons. When Council desires one Appointive Agency to coordinate with another, consideration should be given to allowing the agency providing a liaison to designate which of its members should serve rather than requiring Council itself to appoint a specific individual member as the liaison. a. This recommendation is intended to increase attendance by inter-Agency liaisons by allowing more responsive designation changes as individual availability and workloads change. b. Backup inter-Agency liaisons, which do not exist now, could also be readily designated by the Agency itself, furthering Council's goals by reducing attendance gaps, communications breakdowns, and failures to coordinate. CIRCUMSTANCES TO REMOVE AN APPOINTEE Failure to Take Oath of Office (Lapse of Appointment) 1. A limited number of appointees are required to take an Oath of Office, typically by State Law. 2. Appointment letters for such positions should indicate service is conditioned upon taking the Oath. 3. An appointee who fails to take an Oath as required allows their conditional appointment to lapse and forfeits the opportunity to serve. 4. The Clerk should promptly notify the appointee their appointment has lapsed and notify Council the position remains vacant and requires a new appointment. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 16 Final Report- June 3, 2022 Excessive Absences 1. Attendance is directly correlated to Appointive Agency participation and thereby to the success of the organization in furthering its mission. Creating and maintaining a culture that expects the participation of its members in productive meetings will increase the engagement of the Appointive Agency. Engaged appointees are an Appointive Agency's most valuable assets. 2. Recommended procedures for recording attendance, and thereby identifying excessive absenteeism, are noted elsewhere in this report. 3. The staff liaison will notify the Appointive Agency chair after a member has had two unexcused absences. The chair shall contact the member to determine why the member is missing meetings and remind the member of the City's attendance policy, and if applicable, the Agency's remote participation policy. 4. If a member accumulates three or more absences in a calendar year, or is absent from more than one-fourth of the total number of meetings held during the calendar year, for any reason other than personal illness, the illness or death of a relative, or other circumstances beyond the member's control (as determined by the chair), the staff liaison shall notify the City Clerk's office in writing, with a copy to the chair, and advise the City Clerk of the name of the member of who has accumulated absences beyond those allowed by the City Code. The notification should reference the attendance policy set forth in City Code § 2-3.1 and indicate it was sent on behalf of the chair. 5. Given that City Code § 2-3.1 provides that absences due to personal illness, the illness or death of a relative, or other circumstances beyond the member's control are excused absences, and given the option for members of Appointive Agencies to participate in meetings from a remote location if the Appointive Agency has adopted a remote participation policy as authorized by the Virginia Freedom of Information Act and City Council Policy, the City Code requirement and procedures for removal of appointees due to excessive unexcused absences should be strictly enforced. Failure to File Financial Disclosure Form 1. Recommendations elsewhere in this report significantly limit the number of appointees required to file a Financial Disclosure form. 2. In most cases, consequences for failure to file a Financial Disclosure form will be determined by State law. 3. If an appointee is required to file a Financial Disclosure but is not subject to State law consequences for failure to do so: a. Their appointment letter should note filing is a requirement for continued service; b. Failure to timely file should result in a prompt letter from the City Clerk allowing 30 additional days; and CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 17 Final Report- June 3, 2022 c. Failure to file by the extended deadline should result in automatic termination of the appointment, carried out by written notice from the City Clerk in the same manner provided in § 2-3.1 for termination due to excessive unexcused absences. 4. Given the limited number of positions impacted by this recommendation, the public transparency objective of the filing requirement, the well-communicated requirement to file, and provisions to remedy an initial lapse in timely filing, if allowed by state law, this policy should be strictly enforced. Other Circumstances 1. A variety of other circumstances may impair an appointee's ability to serve effectively or may impair their Appointive Agency's ability to fulfill its mission. 2. When such circumstances arise the appointee should notify the chair, who in turn should notify the Council liaison or Vice Mayor (in the absence or unavailability of a Council liaison), as appropriate. 3. These situations should be evaluated on a case-by-case basis. 4. City Council should continue to exercise its authority to remove appointees as it determines best for the welfare of the City and the Appointive Agencies. 5. Circumstances which could, but would not necessarily, lead to Council's review for potential termination of an appointment may involve violation of the Principles of Service or certain criminal convictions. 6. Council should provide for an appointee Leave of Absence (LOA) where legally permissible as an intermediate step to facilitate Appointive Agency operations during such circumstances. a. Such LOAs should be for a defined, limited term - perhaps up to three (3) months. b. Such LOAs could be requested by the appointee or imposed. c. Power to grant an LOA should vest in the agency's Council liaison, or the Vice Mayor in the absence or unavailability of a Council liaison. d. Appointive Agency quorums should not include appointees on an LOA. e. Appointee absences during a properly granted LOA should be considered "Excused." f. Such LOAs would not be for personal medical or family medical reasons already addressed by City ordinance. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 18 Final Report- June 3, 2022 RECOGNITION 1. Appropriate opportunities for recognition of appointees should be identified using the City's Office of Volunteer Services as a resource. 2. The City Manager should be encouraged to recognize outstanding performance by staff liaisons supporting Appointive Agencies, as appropriate. 3. The nature and timing of such recognition should be periodically re-evaluated to ensure effectiveness and efficiency. COUNCIL LIAISONS 1. City Council should consider selecting two of its own members to serve as Liaisons or Contacts to each Appointive Agency. a. The second Council Liaison/Contact may choose to serve in a limited, backup capacity or in a full capacity. b. For Appointive Agencies with quasi-judicial powers or other reasons why Council Members should not act as full liaisons or attend meetings, City Council Members should be designated as "City Council Contacts" with more limited roles. c. If neither City Council Liaisons nor Contacts are currently designated for an Appointive Agency, the Vice Mayor shall serve as the agency's point of contact with City Council. 2. City Council's current practice of reviewing liaison/contact assignments annually and when the composition of Council changes is endorsed as a helpful practice. 3. Familiarity with the missions and work of the City's Appointive Agencies and attendance at their programs and special events should be encouraged for all Council Members. 4. City Council liaisons can help Appointive Agencies succeed and fulfill their missions in the following ways: a. Refer relevant matters to Appointive Agencies, inform Appointive Agencies of Council initiatives, and advise Agencies of Council's perspectives on matters relevant to their mission. b. Use Liaison Reports to inform Council and the public of Appointive Agency issues, achievements, and events. c. Actively engage with assigned Appointive Agencies and be available to chairs for coordination. d. Facilitate Appointive Agency communications to Council, including reports and presentations. e. Provide guidance on desired work products and assignments from Council, and provide acknowledgement and feedback to the Appointive Agency after receiving and considering their reports. f. Advise the City Manager of circumstances appropriate for his consideration and execution for facilitating the success of Appointive Agencies. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 19 Final Report- June 3, 2022 g. When recruiting, filling, or reappointing to open seats on Appointive Agencies: i. Give consideration to recommendations from the Appointive Agency; ii. Coordinate with District Council Members on Appointive Agencies with geographic composition requirements. h. Promote coordination when advice from more than one Appointive Agency is sought, such as when the same or related issue is referred to both a geographic Appointive Agency such as RAC and a general government service Commission such as Parks & Recreation. i. Sponsor Appointive Agency recommendations for consideration by Council, including changes in size, composition, liaisons and student members. j. Provide fellow City Council Members with context and information when evaluating the Appointive Agency's Annual Report and other work products, as described elsewhere in these recommendations. STAFF LIAISONS 1. Staff liaisons shall be expected to perform all duties identified in the Staff Liaison Training program. 2. The City Manager should be directed to ensure supervisors are aware of Appointive Agency staff liaison duties so workloads can be appropriately planned, performance can be evaluated, and provisions for staff liaison succession and backup can be made. 3. Staff liaisons shall maintain current and orderly files for assigned Appointive Agencies, including meeting agendas, meeting minutes, and attendance records. 4. Staff liaisons shall file all necessary public meeting notices for their assigned Appointive Agency. S. Staff liaisons shall promptly notify the chair, City Council liaison, and City Clerk's office of any changes in appointee membership status, eligibility to serve, or contact information. 6. Staff liaisons should inform supporting department leaders and appropriate staff about matters being considered by the Appointive Agency. 7. Staff liaisons should coordinate with Appointive Agency chairs when opportunities arise for the City's professional staff to assist appointees with making informed evaluations and recommendations. 8. Staff liaisons shall promptly provide newly appointed members and all liaisons orientation materials. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 20 Final Report- June 3, 2022 9. Staff liaisons shall coordinate webpage postings and if applicable, social media postings, for the Appointive Agency ANNUAL REPORTS 1. An Appointive Agency's Annual Report is perhaps the most important and underutilized tool for enabling City Council's evaluation of each agency's mission, effectiveness, and opportunities for service. Efforts should be prioritized to ensure Appointive Agency annual reports are easy to prepare and submit, standardized with key content valued by Council, and expected on a timely basis. 2. The chair of each Appointive Agency, other than Independent or Regional Agencies, shall file an Annual Report to City Council with the City Clerk's office no later than sixty (60) days after fiscal year-end, unless otherwise specified. a. City Budget. Submission of Annual Reports on this timetable is intended to facilitate timely consideration of recommendations related to resources early in the City's budget development cycle, with all Agency requests presented at the same time. Council has often requested such timing. b. City Policies. The timing is also intended to enable consideration of policy recommendations early in the development cycle for legislative agendas involving other levels of government. 3. The Annual Report shall cover the period July 1 -June 30 of the fiscal year just ended, unless otherwise specified. 4. A simple, standard Annual Report template showing minimum requirements is included as Exhibit G. Appointive agencies may choose to provide additional material, but all annual reports shall include each of the minimum required sections. 5. Appointive Agencies will differ in the types of information they report, depending on their mission. a. Advisory Appointive Agencies may choose to focus on programs and projects. b. Quasi-judicial Appointive Agencies may choose to focus on statistics and processes related to the matters they evaluate. 6. The chair and staff liaison should collaborate to draft the Annual Report. 7. Annual Reports should be approved by the Appointive Agency prior to filing with the City Clerk for distribution to Council. 8. An Annual Report should be filed even if no other meetings were held or no business was conducted in the prior year. The report should indicate the reason for these circumstances to assist City Council in their annual evaluation of the Appointive Agency and its mission. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 21 Final Report- June 3, 2022 9. Online completion and filing of Annual Reports should be part of the future City Appointive Agency software, significantly reducing reparation time, enabling tracking without administrative burden, and increasing access to information. 10. Appointive Agency Annual Reports should be made available to the public via online posting. 11. The opportunity for Appointive Agencies to periodically brief City Council should continue to be afforded as an important process for public awareness, fulfillment of the citizen-advisory role, and two-way engagement with the majority of Council who are often not otherwise focused on the agency. APPOINTIVE AGENCY MISSION, ESTABLISHMENT AND SUNSETTING 1. City Council should consider assigning matters to Appointive Agencies in this order of preference and priority: a. First, to one or more existing agencies, augmenting their mission if necessary; b. Second, to a new temporary Appointive Agency with a defined sunset provision; c. Third, to a newly established standing Appointive Agency. 2. The City Attorney's Office should maintain model ordinances for establishing new temporary and standing Appointive Agencies containing a list of elements for City Council to determine such as: mission, membership composition, terms of appointment and term limits, supporting City Department(s), budget (if any), sunset provision (if temporary), and any governance matters, powers or limitations that differ from default City standards for Appointive Agencies. 3. Each existing Appointive Agency shall review its mission statement and present any recommended changes to City Council in conjunction with its Annual Report. 4. City Council should direct the City Manager to maintain a current master organizational chart indicating the City Departments supporting each Appointive Agency, and to provide this chart to the City Clerk for public posting on the Appointive Agencies webpage. 5. When considering each Appointive Agency's Annual Report City Council should evaluate: a. The Agency's own recommendations for changes to its mission; b. New or changed issues City Council wishes the Appointive Agency to address; c. The effectiveness of the Agency in accomplishing its mission; d. Policy, Agency composition, or resource changes to improve Appointive Agency mission fulfillment. Inter-Agency liaisons should be considered as an alternative to appointing additional full voting members where appropriate; CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 22 Final Report- June 3, 2022 e. The balance of agency support workloads across City departments; f. Opportunities for consolidation or sunsetting of Appointive Agencies. TERMS OF OFFICE FOR ALL APPOINTIVE AGENCIES 1. The City Council should define the terms of office (period of time) for members serving on all Appointive Agencies. Specifically, the City Council should make this determination when establishing an Appointive Agency, or when adding new classes of members such as students, or when designating new liaison positions. 2. If City Council chooses not to define all terms of office, then the City should enact an appropriate ordinance to apply a default one-year term to those otherwise undefined. 3. The City Council should amend any current ordinance for any existing Appointive Agencies lacking established terms of office in order to establish appropriate terms. BYLAWS 1. The majority of appointive Agencies are not required to maintain individual bylaws and generally should be discouraged from adopting bylaws to avoid conflicts with ordinances of general applicability subsequently adopted by Council, consumption of staff and volunteer resources required to train on and maintain unique bylaws rather than focusing on mission fulfillment, and redundancy with determinations made solely by Council. 2. In general, only Appointive Agencies that make grants, are independent or regional agencies, or are otherwise required to do so, should consider maintaining Bylaws. All other Appointive Agencies, including those who serve as advisory bodies to City Council, should consider alternatives to Bylaws. 3. Appointive Agencies should consider the utilization of policies in lieu of bylaws, including policies related to the election of officers. 4. Appointive Agencies that choose or are required to implement Bylaws should consider utilizing the standard template attached as Exhibit H. 5. Appointive Agencies that adopt Bylaws will be expected to follow, enforce, and maintain their Bylaws. 6. Appointive Agencies shall have all Policies, Bylaws, proposed Bylaws and/or amendments to Bylaws reviewed by the City Attorney's Office. 7. To provide uniform fallback procedures, to resolve subjects of frequent ambiguity, and to minimize adoption of separate Bylaws by multiple agencies, the following default policy should be adopted by Council for all City Appointive Agencies: CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 23 Final Report- June 3, 2022 a. Unless otherwise specified by Ordinance, law, or bylaws, Appointive Agencies shall elect a chair and a vice chair from among their members annually. The chair shall plan and conduct meetings of the Appointive Agency and perform other duties assigned and reserved to chairs by Council, ordinance, or law. The vice chair shall temporarily perform the duties of the chair when the chair is unavailable. Any subcommittee established by an Appointive Agency shall be advisory to the full agency and shall adhere to all laws governing public meetings including notice, attendance records, and minute-keeping. b. In the absence of specific laws, ordinances, or bylaws to the contrary a majority of the Appointive Agency's current membership shall constitute a quorum, subject to a minimum quorum size of three. 8. Where appropriate for the uniform functioning of City government, Council should adopt ordinances of general applicability to Appointive Agencies, with exceptions if needed, rather than awaiting individual Appointive Agencies to individually adopt policies or bylaw amendments to achieve the same purpose. MEETING REQUIREMENTS 1. Public notices for all Appointive Agency meetings shall be posted online, on the Public Notice Meeting Board near City Council Chamber, and in the office of the department that provides the Agency with staff support, and in any other designated places, in accordance with state law. 2. Staff liaisons and chairs should remind appointees about public meeting law compliance when subcommittees are formed and when gatherings outside of regular meetings are anticipated. 3. Appointive Agencies should meet a minimum of once per year to approve their Annual Report to City Council, confirm the status and availability of members, elect officers (if applicable), perform financial functions (if applicable), and perform other such duties, even if no other meetings were held or no business was conducted in the prior year. 4. Barriers should be reduced for individuals who may want to participate in or observe meetings, including if appropriate: diversifying meeting places and times, conducting hybrid in-person/online meetings, and streaming meetings via digital technology. 5. Training should inform appointees and liaisons that a properly-noticed public meeting may be called to order even if a quorum is not present, unless otherwise prohibited by law. No votes may be taken unless a quorum is present, but minutes and attendance shall be taken, unless the chair cancels the meeting prior to calling it to order. 6. Meeting agendas should be distributed to Appointive Agency members and liaisons at least three days prior to the meeting date. Appointive Agencies should adopt a process CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 24 Final Report- June 3, 2022 to capture meeting minutes ensuring compliance with applicable laws and regulations. Please find a suggested template attached as Exhibit I. IMPLEMENTATION 1. The City Council should establish a standing or permanent Appointive Agency to work with the City Clerk and the City Attorney to implement the recommendations embodied in this document. 2. The newly established Appointive Agency shall ensure that the proposals and recommendations in this document are prioritized correctly and amended as needed to comply with the spirit of the proposed recommendations. This new Appointive Agency shall also continue the mission of providing advice and recommendations to City Council regarding the City's various Appointive Agencies and the appointment processes. 3. City Code Section 2-451 which lists and categorizes Appointive Agencies is inaccurate and should be revised in a manner that reflects current directives by Council and does not render it frequently out of date in the future. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 25 Final Report-June 3, 2022 EXHIBIT A - TALENT BANK APPLICATION Talent Bank Application . City Council Appointive Agencies J Instructions You may attach your own resume or other supporting data. Each application is retained on file for five years and may be updated at any time by contacting the City Clerk at 385-4304 or 385-4036. Each applicant must be a resident of Virginia Beach. Thank you for completing this application and for your interest in serving the City of Virginia Beach. Contact Information Name(last,first MI.) Provide previous names used Home Address City ZIP Code Phone E-Mail Address Applicant's District 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / (circle one) Registered Voter? (circle one) Yes/No How long have you been a resident? Are you currently serving Yes/No on a City Council Appointed If Yes,list the name of City Council Appointed Agency: Agency (circle one) Education High School College Technical Military Graduate/Professional Degrees or Certifications CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 26 Final Report— June 3, 2022 Current Occupation Firm Name Address Title Describe Duties Please state your interest anti/or reason to seek City Council's appointment to any Appointive Agency: Please provide experience you have that relates to the Appointive Agency you wish to serve on: Please share any volunteer or community service in your background that would make you a good candidate for appointment: CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 27 Final Report-June 3, 2022 References(Optional) 1. Name(last,first MI.) Relationship to Applicant Phone E-Mail Address 2. Name(last,first MI.) Relationship to Applicant Phone E-Mail Address 3. Name(last,first MI.) Relationship to Applicant Phone E-Mail Address Interests: Please rank up to five Appointive Agencies you are interested in(1 being most interested): 2040 Vision to Action Community Coalition Advertising Advisory Committee Agricultural Advisory Committee Arts and Humanities Commission Audit Committee Bayfront Advisory Commission Beaches and Waterways Advisory Commission Bikeways and Trails Advisory Committee Board of Building Code Appeals Board of Zoning Appeals Chesapeake Bay Preservation Area Board Clean Community Commission Community Organization Grant Review and Allocation Committee(Minority Grants) Community Policy and Management Team(CSA-At Risk) Community Services Board Development Authority Eastern Virginia Medical School Green Ribbon Committee Health Services Advisory Board Historic Preservation Commission Historical Review Board Housing Advisory Board Human Rights Commission CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 28 Final Report-June 3, 2022 Military Economic Development Advisory Committee Minority Business Council Oceana Land Use Conformity Committee Old Beach Design Review Committee Open Space Advisory Committee Parks and Recreation Commission Personnel Board Planning Commission Process Improvement Steering Committee Public Library Board Resort Advisory Commission Senior Services of Southeastern Virginia(Regional) Social Services Advisory Board Southeastern Tidewater Opportunity Project(Regional) Stormwater Appeals Board Tidewater Community College Board(Regional) Tidewater Youth Services Commission(Regional) Transition Area/Interfacility Traffic Area Citizens Advisory Committee Towing Advisory Board Urban Agricultural Advisory Committee Virginia Beach Community Development Corporation Wetlands Board Agreement and Signature By my signature to this application, I affirm that the facts set forth in it are true and complete. I understand that if I am accepted as a volunteer, any false statements, omissions, or other misrepresentations made by me on this application may result in my immediate dismissal. I affirm my willingness to complete the City of Virginia Beach Board and Commissions Training Program and I acknowledge the Principles of Service. I further affirm my willingness to fulfill my commitment to actively attend and participate if appointed and to comply with the Virginia Financial Disclosure requirements,if applicable. Full Name(printed) Signature Date Please submit this application via U.S. Mail or Email to: Amanda Barnes,MMC,City Clerk 2401 Courthouse Drive,Suite 281 Virginia Beach,VA.23456 abarnes(a,vbgov.com CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 29 Final Report-June 3, 2022 City of Virginia Beach Principles of Service These principles shall guide appointees to Boards and Commissions while acting in their official capacity: • To place the best interests of the City above all other interests. • To uphold all laws,regulations, and policies. • To take no action for personal benefit. • To make every effort to avoid a real or perceived conflict of interest. • To avoid disclosure of confidential information obtained in the performance of my duties or in my official capacity. • To exercise prudence and good judgment at all times. • To faithfully and impartially perform my duties,acting with integrity and accountability. • To treat other officials,staff,and the public with respect. • To ensure City resources are used solely for the benefit of the City,and City staff are not given unauthorized directives. • To participate in training and adhere to guidance provided for my role by the City. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 30 Final Report- June 3, 2022 EXHIBIT B - STUDENT TALENT BANK APPLICATION High School Student -V Talent Bank Application ft: F} City Council Appointive Agencies Instructions You may attach your own resume or other supporting data. Each application is retained on file for one year and may be updated at any time by contacting the City Clerk at 385-4036 or 385-4303. Each applicant must be a resident of Virginia Beach. Thank you for completing this application and for your interest in serving the City of Virginia Beach. Contact Information Name(last,first MI.) Street Address City Zip Code Phone E-Mail Address Applicant's District 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / (circle one) Academic Information Name of High School Current Grade Graduation Date Please list any extracurricular activities you are involved in CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 31 Final Report- June 3, 2022 Please state your interest and/or reason to seek City Council's appointment to any Appointive Agencies: References (Optional) 1. Name(last, first MI.) Relationship to Applicant Phone E-Mail Address 2. Name(last, first MI.) Relationship to Applicant Phone E-Mail Address 3. Name(last, first MI.) Relationship to Applicant Phone E-Mail Address CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 32 Final Report-June 3, 2022 Interests: Please rank up to five Appointive Agencies you are interested in (1 being most interested): CLEAN COMMUNITY COMMISSION Responsible for promoting litter prevention,recycling,beautification and general environmental awareness through educational projects designed to reach all segments of the community. Meetings are held the second Thursday each month at 6:30 pm GREEN RIBBON COMMITTEE Serves in an advisory capacity to City Council on matters relating to the improvement of water quality in the City's waterways,including means of developing property and supporting infrastructure that minimize the use of natural resources,reduce harmful effects on water quality and create healthier environments for people. Meetings are held the fourth Thursday each month from 2:30 to 4 pin HISTORIC PRESERVATION COMMISSION Advises City Council on issues related to the preservation of historic buildings, structures and sites located in the City of Virginia Beach. Members work to preserve,protect and maintain the historic identity of Virginia Beach and the former Princess Anne County. Meetings are held the first Wednesday each month at 5 pm HUMAN RIGHTS COMMISSION Serves as an advisory agency to the City Council with the following duties, powers and functions:(1)to institute,conduct,and engage in educational programs;(2)to serve as a forum for the discussion of human rights issues,and to conduct studies and propose solutions for the improvement of human relations in the city;and(3)to provide assistance to persons who believe their rights have been violated by identifying the appropriate federal,state or local agency to address the complaint and referring such persons to that agency. Meetings are held the second Thursday each month at 4 pm PARKS AND RECREATION COMMISSION Serves as an advisory body by acting as a liaison between City Council,City Manager and Director of the Department of Parks and Recreation and citizens of the City concerning matters affecting parks and recreation policies, programs,finances and the acquisitions and disposal of lands and properties and holding public meetings and exercising influence throughout the City to improve and expand recreational opportunities. Meetings are held the first Thursday each month at 3 pin PUBLIC LIBRARY BOARD The Public Library Board has been in existence since the incorporation of the City of Virginia Beach in 1965.The Board is responsible for making recommendations to the Director of Libraries and also to City Council on all phases of library strategic plann ing,policies and issues critical to community goals and aspirations. Meetings are held the second Monday each month'at 5 pm CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 33 Final Report—June 3, 2022 Agreement and Signature By my signature to this application, I affirm that the facts set forth in it are true and complete. I understand that if I am accepted as a volunteer, any false statements, omissions, or other misrepresentations made by me on this application may result in my immediate dismissal. I affirm my willingness to complete the City of Virginia Beach Board and Commissions Training Program and I acknowledge the Principles of Service. I further affirm my willingness to fulfill my commitment to actively attend and participate if appointed and to comply with the Virginia Financial Disclosure requirements,if applicable. Full Name(printed) Signature Date Please submit this application via U.S. Mail or Email to: Amanda Barnes, MMC,City Clerk 2401 Courthouse Drive,Suite 281 Virginia Beach,VA.23456 abarnes@vbgov.com CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 34 Final Report- June 3, 2022 City of Virginia Beach Principles of Service These principles shall guide appointees to Boards and Commissions while acting in their official capacity: • To place the best interests of the City above all other interests. • To uphold all laws,regulations,and policies. • To take no action for personal benefit. • To make every effort to avoid a real or perceived conflict of interest. • To avoid disclosure of confidential information obtained in the performance of my duties or in my official capacity. • To exercise prudence and good judgment at all times. • To faithfully and impartially perform my duties,acting with integrity and accountability. • To treat other officials, staff, and the public with respect. • To ensure City resources are used solely for the benefit of the City,and City staff are not given unauthorized directives. • To participate in training and adhere to guidance provided for my role by the City. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 35 Final Report- June 3, 2022 EXHIBIT C - TRAINING MODULES FOR APPOINTEES City of Virginia Beach Citizens Committee on Boards and Commissions Proposed Training Modules for Appointive Agency Members The CCBC has identified topics where training would increase the effectiveness of the City's Appointive Agencies. Surveys of Agency chairs, liaisons, and of localities across the nation, and especially those similar in population size to Virginia Beach, have generated topics that are needed or commonly the subject of such training. Modular training units, often offered online, group related topics together and break the overall training into short sessions. The following outline is a starting point for implementing such a program in Virginia Beach. Whether ultimately delivered via live presentation, online using PowerPoint and/or recorded video, digitally or in writing as a Handbook, or by other methods, the outline may assist City staff in developing content (or repurposing existing materials) by organizing the CCBC's recommendations for training modules, rather than leaving work to begin from a blank slate. Over time sub-topics may be added, changed, or eliminated as the City's needs evolve. a. Virginia Beach Appointive Agency Orientation 1. City Organization 2. Roles of Appointive Agencies (including types) 3. Interacting with City Council 4. Interacting with City Staff & Staff Liaison Role 5. Interacting with the Public b. Public Information 1. Freedom of Information Act 2. Open Meetings 3. Public Records 4. Confidential Information 5. Board advice, City positions & personal opinions (i.e. Media & Social Media) c. Serving with Integrity 1. Ethics Pledge 2. Conflicts of Interest (perceived & actual), and Gifts 3. Disclosures & Abstention 4. City Resources (including use of City lndicia) 5. Solicitation & Nonprofit Supporting Organizations 6. How to Obtain Guidance d. Responsibilities & Procedures 1. Completing Pre-Service Requirements 2. Attendance (in-person and remote participation) 3. Engagement and Preparation 4. Effective Meeting Conduct (including expression of divergent views) 5. Roles reserved to the Chair 6. Required Periodic Filings, and Reporting Changes (contact info, residency, loss of certification/licensure, etc.) 7. Terms of Service, Reappointment, and Ending Service CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 36 Final Report-June 3, 2022 EXHIBIT D - TRAINING MODULES FOR STAFF LIAISONS City of Virginia Beach Citizen's Committee on Boards and Commissions Proposed Training Topics for Appointive Agency Staff Liaisons City personnel designated to serve as Staff Liaisons to Appointive Agencies shall participate in training provided by the City Clerk and the City Attorney. The following are examples of training topics: A. The same training given to Appointive Agency appointees, including these modules: a. Orientation to Virginia Beach Appointive Agencies b. Public Information c. Serving with Integrity d. Responsibilities and Procedures for Appointees B. Roles & Duties a. Clerk's Office b. Appointive Agency Chair c. Council Liaison or Contact d. Liaisons to Other Appointive Agency e. Staff Liaison (incl coordination with supporting Department leadership) C. Meetings & Events a. Public Notice b. Agendas & Standard Meeting Elements c. Quorums d. Minutes e. Procedures for Appointive Agency events other than business meetings D. Appointive Agency Recordkeeping a. Council Ordinances for Appointive Agency (incl Mission & Special Requirements) b. Bylaws & Policies Adopted by Appointive Agency c. Maintaining Complete and Orderly Files (incl presentations & handouts) d. Record Retention & Destruction Policies e. Attendance i. Policy Review (incl Remote Participation) ii. Standard Attendance Record Chart & Data to be in Minutes iii. Assisting the Chair with Policy Enforcement f. Volunteer Hours E. Annual Report a. Due Date b. Format c. Delivery Procedures d. Council Presentations CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 37 Final Report- June 3, 2022 F. Correspondence and Recommendations (formats, cc's, delivery method, etc.) a. to City Council b. to City Departments, Offices, or other Appointive Agency c. to External Agencies G. Appointment Lifecycle a. Recruiting Applicants & Talent Bank Application b. Chair Recommendations of Nominees c. Council Appointment Process d. Post-Appointment Requirements (Oath, Financial Disclosure, etc.) e. Orienting A New Appointee f. Term Lengths, Term Limits & Re-appointment Procedures g. Resignation Procedures h. Student Appointees i. Appointed Liaisons H. Best Practices & Resolving Common Challenges I. Specialized Matters Pertaining to their Specific Appointive Agency J. Obtaining Guidance & Assistance a. City Clerk's Office b. City Attorney's Office c. Other Resources CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 38 rn City of Virginia Beach X [Board/Commission Maine] _ op 2021 Attendance Record =-1 rn Name Term lan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 1 Expires on: 11th 25th 8th 22nd 15`h 22nd 5`h 10`h 24`h 14`h 28`h 12`h Present D Commissioner 5/31/2022 P P CA A I' I' \ I' \ I' I, P I, ') 11 -I rn Conu1U'qolier 5/31/2022 I' I' C P V I' V P A A. I' I' P E s 11 Z Commis u,ncr 5/31/2024 I' P C P P V P E P P I' P I' 10 11 > Z C. nutussioner 5/31/2021 P P U I' A N A N.9 N A l V A NA N•A N,1 m Conutus.., 5/31/2024 P I' C P P I' A P I' V P V P V 0/I 1 —I rn n Commissioner 5/31/2023 A I' C P P I' P V P I' P P V P Irl/lI -=-1 rn Commissioner 5/3.1/2026 N/A N/A C N A P P P I' P I' I' I' 8/8 r Z D - I n Conutussnni r 5/31/2026 P I' C P I' P I' I' F. I' P I' 10/11 rn 0 K This row indicates if there was a quorum; total number of members in person/total h ' ' ' ; - - ti* - - 2 -+ _ 5/7 5/7 6/7 5/7 5/7 number of appointed members m �' City Council Liaisons/Department Staff Liaisons O Z Councii \lenlber Lial..on 1' C P V P/V P V I' \' P V r, W Council \lcnibcr Lialmon I' I' C I' P V 4 0 Staff Liaison I' I' \' C I' P P I' P P P I' I' 11' _ _T > Stott Liaison I' I' C. I' P I' I' 1' I' I' '1 0 Z Q titat?Liaison I' \' I' \ C: I' \ I' \ I' \ I' \ I' \ I' O K Key: Present(I') Present/Virtually(Ply) Absent(A) Resigned(RI Excused Absence(E) Cancelled iCi O City Council and Staff Liaisons should be marked either P or P/V.if not in attendance,the block should he blank 1 I ccA If Commissioners participate P/V.it must be annotated in the Minutes where they remotely participated from and the reason—does not apply to City Council or c 0 Stott Liaisons. C Z CD (,) \leetui,,lacking a.Iu„rin of!\lenthrrs attendint4 in-person should be designated with an asterisk(*) W O CO N N Final Report- June 3, 2022 EXHIBIT F - REAPPOINTMENT REQUEST City Council Appointive Agencies <<` == 4' ' Reappointment Request Instructions The Reappointment Request ensures your desire to serve an additional term is known to City Council for their consideration. This request is due to the City Clerk 60 days prior to the expiration of your current term and should be completed entirely. Contact Information Name(Last, First MI): Residential Address: Voting District you live in(1-10): Cell Phone: Email: City Council Appointed Agency Information Are you seeking reappointment? Yes No If yes, please complete questions below: Name of City Council Appointive Agency you are seeking reappointment to: Are you currently serving on any other City Council Appointive Agency? If so, provide the name: If your appointment requires you to have a specific certification/license, residential district, position or role, do you still maintain that requirement? What is the specific requirement?(i.e., licensed engineer/architect, president or member of a specific association or organization, residential district, employment, citizen, specific knowledge/experience) Agreement and Signature By my signature to this form, I affirm that the facts set forth in it are true and complete. I understand that if I am reappointed, any false statements, omissions, or other misrepresentations made by me may result in my immediate dismissal. I affirm my willingness to complete the City of Virginia Beach Appointive Agency Training Program and I acknowledge the Principles of Service. I further affirm my willingness to fulfill my commitment to actively attend and participate and comply with the Virginia Financial Disclosure requirements, if applicable. Signature: Date: CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 40 Final Report-June 3, 2022 City of Virginia Beach Principles of Service These principles shall guide appointees to Boards and Commissions while acting in their official capacity: • To place the best interests of the City above all other interests. • To uphold all laws,regulations,and policies. • To take no action for personal benefit. • To make every effort to avoid a real or perceived conflict of interest. • To avoid disclosure of confidential information obtained in the performance of my duties or in my official capacity. • To exercise prudence and good judgment at all times. • To faithfully and impartially perform my duties,acting with integrity and accountability. • To treat other officials,staff, and the public with respect. • To ensure City resources are used solely for the benefit of the City,and City staff are not given unauthorized directives. • To participate in training and adhere to guidance provided for my role by the City. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 41 Final Report- June 3, 2022 EXHIBIT G - ANNUAL REPORT TEMPLATE ANNUAL REPORT TEMPLATE ' 7• s City of Virginia Beach =�°- [Appointive Agency Name] =,11\� 1% 20 -20 Annual Report to City Council L- r./ Chair: [Name] Date: [Date -due by August 31, unless otherwise specified] Executive Summary During the fiscal year covering the period of July 1, [YEAR] - June 30, [YEAR] the [Appointed Agency] volunteers and liaisons o met [number] times o [if applicable] held additional events and activities Our most significant accomplishments are detailed below, along with recommendations for your consideration. Mission Statement [insert the agency's mission statement here]. Accomplishment of Goals and Objectives Over the past fiscal year the agency, though its appointed volunteers and its liaisons, worked on the following key matters in furtherance of its mission: [include all assignments from Council and a summary of duties performed as required by law] 1. Insert Topic #1 a. Insert data about the plan/project/program, its goal, and its relation to the mission b. If incomplete, explain the status and reasons c. Attach any reports or supplemental materials as an exhibit 2. Insert Topic #2 a. Insert data about the plan/project/program, its goal, and its relation to the mission b. If incomplete, explain the status and reasons c. Attach any reports or supplemental materials as an exhibit CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 42 Final Report-June 3, 2022 3. Insert Topic #3 a. Insert data about the plan/project/program, its goal, and its relation to the mission b. If incomplete, explain the status and reasons c. Attach any reports or supplemental materials as an exhibit Membership and Attendance [Insert the standard membership roster here, including all who served during the Fiscal Year and all liaisons] [insert the standard attendance reports here for the two calendar years covering this reports Fiscal Year] [Insert volunteer hours report] Financial Report (if applicable) [insert the fiscal year financial report here] Goals and Objectives for the Coming Year [insert bullet points & relate to the Mission] Recommendations to City Council [insert bullet points listing specific actions your agency wants City Council to consider regarding your agency, its mission, its effectiveness, addressing its challenges, serving the public in a better manner, changes to laws or regulations, specific plans or projects, and opportunities for consolidation or sunsetting. Include a brief reason for each recommendation.] Additional Information (if desired) [Insert anything else your agency wishes City Council and the public to know.] Closing Should you have any questions or desire a formal City Council briefing from our agency, please contact [INSERT CHAIR and STAFF LIAISON CONTACT INFO]. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 43 Final Report- June 3, 2022 EXHIBIT H - BYLAWS TEMPLATE BY-LAWS INSERT APPOINTIVE AGENCY NAME ARTICLE I NAME The Name of the Organization shall be as established by Section of the City Code of the City of Virginia Beach. ARTICLE II PURPOSE INSERT PURPOSE ESTABLISHED BY CITY COUNCIL ARTICLE III OFFICERS INSERT INFORMATION ON OFFICERS OF ORGANIZATION AND THEIR DUTIES ARTICLE IV ELECTIONS INSERT INFORMATION ON NOMINATION AND ELECTION PROCESS FOR OFFICERS. ALSO INCLUDE INFORMATION ON TERMS OF OFFICE AND HOW VACANCIES ARE FILLED. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 44 Final Report- June 3, 2022 ARTICLE V QUORUM INSERT INFORMATION ON THE QUOROM REQUIREMENTS. ARTICLE VI AMENDMENT OF BY-LAWS INSERT INFORMATION ON THE AMENDMENT PROCESS. ARTICLE VII OPERATIONS AND AUTHORITY INSERT INFORMATION ON THE OPERATIONS FOR THE ORGANIZATION Adopted Approved by City Council CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 45 Final Report- June 3, 2022 EXHIBIT I - MEETING MINUTES TEMPLATE MEETING MINUTES TEMPLATE The regular meeting of the Insert Name of Agency was held on Insert Date at Insert Time a./p.m., at the Insert Location of the Meeting. MEMBERS PRESENT: Insert Names MEMBERS ABSENT: Insert Names LIAISONS PRESENT: Insert Names & Titles CITY STAFF PRESENT: Insert Names & Titles COUNCIL and AGENCY LIAISONS PRESENT: Insert Names CALL TO ORDER Insert name and title called the meeting to order at Insert time. **MINUTES SHOULD BE PREPARED AND FOLLOW IN SAME ORDER AS THE AGENDA MOTION TO APPROVE THE MINUTES FROM INSERT DATE(S) MEETING A motion was made by Insert Member Name, seconded by Insert Member Name, to approve the minutes from the INSERT DATE(S) meeting. The motion passed Insert Vote count or "unanimously". *if vote was not unanimous list members grouped by how they voted Members Voting Aye: Insert Members Voting Aye Members Voting Nay: Insert Members Voting Nay Members Abstaining: Insert Members Abstaining A motion was made by Insert Member Name, seconded by Insert Member Name, to Insert Action of Motion. The motion passed Insert Vote count or "unanimously". *if vote was not unanimous list members grouped by how they voted Members Voting Aye: Insert Members Voting Aye Members Voting Nay: Insert Members Voting Nay Members Abstaining: Insert Members Abstaining CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 46 Final Report- June 3, 2022 CONTINUE MINUTES IN SAME ORDER AS THE AGENDA ADJOURNMENT There being no further business, the meeting was adjourned at Insert time. Insert Signature Insert Signature Type Name of who calls meeting to order Type Name of who prepares Minutes Title Title ATTACHMENTS Attach a copy of any presentations, policies or resolutions that were discussed or approved, and any disclosure or abstention letters submitted by a member (see below). ADDITIONAL INFORMATION TO BE INCLUDED IN THE MINUTES IN CERTAIN CIRCUMSTANCES ABSTENTIONS AND DISCLOSURES If a member abstained from a vote or made a disclosure about his or her interest in a matter that was the subject of a vote, the minutes should include information about the abstention or disclosure. If the member contacts the City Attorney's Office in advance or within 24 hours of the vote, the City Attorney's Office may prepare a disclosure or abstention letter for the member. If the member submits such a letter, the letter should be referenced in the minutes and included as an attachment. If instead the member orally discloses, for example, that she is abstaining because she has a financial interest in the business or land that is the subject of the vote, the minutes need to include the address of the company's primary business location or the address or GPIN of the land. REMOTE PARTICIPATION If the agency has adopted a remote participation policy that enables a member to participate in a meeting via video conferencing or conference call, and a member participates remotely pursuant to that adopted policy, the minutes must include all the information required by the policy, including but not limited to the location from which the member spoke and the reason for the remote participation. VIRTUAL MEETINGS Fully virtual meetings (without a quorum of the membership assembled in a meeting room open to the public) only are allowed by the Virginia Freedom of Information Act in limited circumstances. If the City Attorney's Office has advised that a meeting may be conducted virtually, ensure that the minutes contain all the information that is required by the law(s) that authorized the virtual meeting. Questions may be directed to the Public Policy Attorney or the attorney who advises the agency. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 47 64 ITEM— VI.J.5 ORDINANCES/RESOLUTIONS ITEM#73557 The following registered to speak: ` John Gray, 3113 Audley Way, Phone: 375-2598, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971, spoke in SUPPORT John Faber, 222 Central Park Avenue#1700, Phone:282-5051, spoke in SUPPORT Tom Moss, Phone: 287-2894, spoke in OPPOSITION Tonya Milling, 2147 Staples Mills Drive, Richmond, spoke in OPPOSITION After City Council discussion, Council Member Henley made a motion, seconded by Council Member Branch to ADOPT Resolution to REQUEST the Virginia Beach Development Authority (VBDA) to continue forbearance on the loan to Vanguard Landing,LLC(Requested by Council Member Henley) Council Member Berlucchi then made a motion to POSTPONE INDEFINITELY, seconded by Council Member Moss, Resolution to REQUEST the Virginia Beach Development Authority (VBDA) to continue forbearance on the loan to Vanguard Landing, LLC (Requested by Council Member Henley) Voting: 7-4 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,N.D. "Rocky"Holcomb, Delceno C. Miles, John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Voting Nay: Linwood O. Branch, Barbara M. Henley, Aaron R. Rouse and Sabrina D. Wooten Council Members Absent: None December 6, 2022 65 ITEM— VI.J.6 ORDINANCES/RESOLUTIONS ITEM#73558 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $100,000 of the Tourism Investment Program (TIP) fund to the FY2022-23 Convention and Visitors Bureau Operating Budget and INCREASE the Annual Grant re Neptune Festival(Requested by Council Members Berlucchi and Branch) 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 December 6, 2022 REQUESTED BY COUNCILMEMBERS BERLUCCHI AND BRANCH 1 AN ORDINANCE TO APPROPRIATE $100,000 OF FUND 2 BALANCE IN THE TOURISM INVESTMENT PROGRAM 3 FUND AND TO INCREASE THE ANNUAL GRANT TO THE 4 NEPTUNE FESTIVAL 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $100,000 from the fund balance of the Tourism Investment Program Fund is 10 hereby appropriated, with revenue increased accordingly, to the Operating 11 Budget of the Convention and Visitors Bureau. 12 13 2. The annual grant to support the Neptune Festival is hereby increased by 14 $100,000. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of December , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CtmtLthaA Budget and Management Services it orley's ffice CA15982 R-2 November 29, 2022 66 ITEM— VLJ.7 ORDINANCES/RESOLUTIONS ITEM#73559 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE City-owned property at 3000 Barberry Lane to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Joseph P. and Amy L. Heilman 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 December 6, 2022 1 AN ORDINANCE DECLARING CITY-OWNED 2 PROPERTY LOCATED AT 3000 BARBERRY LANE 3 TO BE IN EXCESS OF THE CITY'S NEEDS AND 4 AUTHORIZING THE CITY MANAGER TO SELL 5 SAME TO JOSEPH P. HEILMAN AND AMY L. 6 HEILMAN 7 8 WHEREAS, in 2005, the City of Virginia Beach (the "City") purchased an 9 8,204 sq. ft. parcel located at 3000 Barberry Lane (GPIN: 1495-41-1172) (the "Lot"); 10 11 WHEREAS, the City acquired the Lot for the Holland Road Phase VI 12 Project, CIP 2-158, which was a Virginia Department of Transportation (VDOT) funded 13 and managed project to widen Holland Road (the "Project"); 14 15 WHEREAS, as a result of the Project, 2,162 sq. ft. of the Lot was 16 dedicated as right-of-way for road widening and installation of related improvements, 17 and the 6,042 sq. ft. of the Lot that remains, as more particularly described on Exhibit 18 "A" attached hereto and made a part hereof (the "Property"), is largely encumbered by 19 easements to maintain the expanded right-of-way and related improvements; 20 21 WHEREAS, Joseph P. Heilman and Amy L. Heilman (the "Heilmans") own 22 3004 Barberry Lane, which is adjacent to the Property; 23 24 WHEREAS, the appraised value of the Property is $9,000; 25 26 WHEREAS, the Heilmans intend to build onto their existing home and 27 therefore, desire to purchase the Property for its appraised value of $9,000 in 28 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 29 hereof; and 30 31 WHEREAS, the Project is completed and City Council is of the opinion 32 that the Property is in excess of the needs of the City of Virginia Beach. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 That the Property is hereby declared to be in excess of the needs of the 38 City of Virginia Beach and that the City Manager is hereby authorized to execute any 39 documents necessary to convey the Property to the Heilmans in accordance with the 40 Summary of Terms and such other terms, conditions or modifications as may be 41 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 42 43 Further, that the revenue from the sale of the Property in the amount of 44 $9,000 shall be received and deposited in CIP 100423 (Transportation Safety 45 Improvements). 46 47 This Ordinance shall be effective from the date of its adoption. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 6th day of December , 2022. CA15584 R-1 9/29/22 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d027\p043\00800432.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY P bli Workseal Estate ity orn Office APPROVED AS TO CONTENT Budget & Management Services EXHIBIT "A" LEGAL DESCRIPTION 3000 BARBERRY LANE; GPIN: 1495-41-1172: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as "PROPERTY OF CITY OF VIRGINIA BEACH INST. NO. 20050725001138380 D.B. 2578, PG. 704 — (PLAT) GPIN: 1495-41-1172 LOT 347" and further described as "RESIDUAL LOT 347 6,042 SQ. FT. OR 0.13871 AC.," as shown on that certain plat entitled "PLAT SHOWING PROPOSED EASEMENTS AND PROPERTY HEREBY ESTABLISHED AS RIGHT-OF-WAY FOR LOT 347 LANDSTOWN MEADOWS, SECTION FOUR PROPERTY OF CITY OF VIRGINIA BEACH," Scale: 1" = 20', dated April 20, 2021, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 202207000088, to which reference is made for a more particular description. RESERVING UNTO THE CITY that certain public drainage easement designated and described as "PROPOSED PUBLIC DRAINAGE EASEMENT (STATE HWY. PROJECT U000-134-145,RW-201,C-501)(69 SQ. FT OR 0.00158 AC.)" and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT 69 SQ. FT. OR 0.00158 AC.," as shown on the aforesaid plat. RESERVING UNTO THE CITY that certain sound barrier maintenance easement designated and described as "PROPOSED SOUND BARRIER MAINTENANCE EASEMENT (STATE HWY. PROJECT U000-134-145,RW-201,C-501) (386 SQ. FT. OR 0.00886 AC.) and further described as "PROPOSED SOUND BARRIER MAINTENANCE EASEMENT 386 SQ. FT. OR 0.00886 AC.," as shown on the aforesaid plat. RESERVING UNTO THE CITY that certain 20' public drainage, maintenance and access easement designated and described as "PROPOSED 20' PUBLIC DRAINAGE MAINTENANCE AND ACCESS EASEMENT 1,998 SQ. FT. OR 0.04587 AC." as shown on the aforesaid plat. RESERVING UNTO THE CITY that certain variable width public utility easement designated and described as "PROPOSED VARIABLE WIDTH PUBLIC UTILITY EASEMENT 893 SQ. FT. OR 0.02051 AC." as shown on the aforesaid plat. SUBJECT TO that certain variable width Verizon South, Inc. easement as shown on the aforesaid plat. SUBJECT TO that certain 1' no ingress/egress easement established on the aforesaid plat. SUBJECT TO that certain residual permanent sign easement established in Deed Book 2578, at page 704 and as further shown on the aforesaid plat. SUBJECT TO any and all encumbrances and easements of record whether or not listed herein. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from John A. Anderson and Beverly L. Anderson dated July 19, 2005 and recorded in the aforesaid Clerk's Office as Instrument Number 200507250113838. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY SELLER: City of Virginia Beach PURCHASERS: Joseph P. Heilman and Amy L. Heilman PROPERTY: 3000 Barberry Lane; GPIN: 1495-41-1172, consisting of 6,042 square feet (0.13871 acres), more particularly described on Exhibit A SALE PRICE: $9,000.00 CONDITIONS OF SALE: • The Property is purchased "AS IS, WHERE IS," and will be conveyed by Special Warranty Deed. • The Purchasers shall provide a $5,000.00 earnest money deposit upon full execution of the Agreement, and the balance shall be paid by the Purchasers at the time of Settlement. • The Purchasers shall, at their expense, resubdivide the Property to incorporate the Property into their adjacent property at 3004 Barberry Lane. • The Purchasers shall reimburse the City of Virginia Beach for the cost of the appraisal of the Property. • The Property will be restricted at sale to prevent additional principal structures or driveways from being constructed upon the Property. • The Purchasers shall adhere to all zoning ordinances and City Code requirements. • The Purchasers shall be responsible for their own closing costs, recording fees, and attorney's fees. • The Purchasers shall be responsible for all costs associated with the abandonment and removal of the water and sewer taps from the Property. Payment of those costs shall be made to the City of Virginia Beach/Department of Public Utilities. • Approval of this sale shall be revoked if closing has not occurred on or before December 31, 2024, unless extended by City Council prior to such date. N 0 lb r lqM NEc Ie W idth VerizenL W r • , Rp Var� b 4011 South,lr►c Easem t Oki ' 1 Si ... ler, ' INI. � "g \ " �ss�ti � � .E. a) t' JIIP e. .460 ‘1\41;. . al 7 y 1 t A.—.,0=,,, Potential Purchaser's Property E 1 PA I ert N see ir's r,. O w 1 n r rn 1 0 ,4 — — • 1r \ g 1 i 11\ t r. 1rn 1 0, 1 1 C 1 \ 1 AV�= 1 1 81 ♦♦�4• ," Legend 1 ___- % .♦•♦ 1" •♦i♦i♦• �. 1495-41-1172 1 �` 1 IP ♦♦♦♦♦• 1 •♦♦♦.►_ ... ,., , / 1495-41-1101 ...• 4 •♦. ...:ilt-"r- 1 1 •♦�♦•♦• .s.. City Properties s E ase ment ressl Egres �•vier...: Variable Width Utility Easement �"No in9 Public Drainage Easement ERRY LN �i 20' Drainage and Maintenance Easement BARB Insert Scale: 1" = 25' LiLj Sound Barrier Maintenance Easement 7--- - — — Easement Lines LOCATION MAP Note: This property is located EXCESS CITY PROPERTY in AICUZ Noise Zone >_70 dB and <75dB i 3000 BARBERRY LANE GPIN OWNER ZONING ADDRESS GPIN: 1495-41-1172 1495-41-1172 City of Virginia Beach R5D 3000 Barberry Lane iiimi Feet 1495-41-1101 JOSEPH P.&AMY L.HEILMAN R5D 3004 Barberry Lane Ah. 0 25 50 100 yam-} r I" ,; , �"r#' 4 j • �, 1 ', Verizon W - F F� `. ' 'VrG1, w%-it I\ oe V ;�a ;�a \ 1 Varia it .. ,, '"'". .,. ,I 4,:t ' 1\c‘.. 0- ' gr.11, { i , , { kk y { w 0 ew M ^', � Potential Purchaser's Property It 1 r, .A\ "_ ', { ,. V'''' - ' 1. 1.: ' ':'''.,,.- ', "' 03 I .f.4601t- '''' ' 0 1 # \ Ca -,' i 'A ,� tom,,,; � �� { Grp { ---- 1 ri, i o , 1 / :... ' : i \ Legend ` �:' 1495-41-1172 ir { ; mr� " LJ149541-1101 ,10 ; .1 1 { ���,�, _ . ,. . • � � , ,r t so .,, ,,.. 41 '00,21.City Properties r Egre� �j In9 es s Variable Width Utility Easement 4P t ' 1 i Public Drainage Easement N BARB .a Insert r/A 20' Drainage and Maintenance Easement „" Scale: 1" = 25' ME Sound Barrier Maintenance Easement \til/ t A a i ' , :+ F° - - - Easement LinesLOCATION MAP " EXCESS CITY PROPERTY Note: This property is located 4 ) _ rawi ',in AICUZ Noise Zone >-70 dB and <75dB3000 BARBERRY LANE GPIN OWNER ZONING ADDRESS --•" R,---- ; GPIN: 1495-41-1172 Feet 1495-41-1172 City of Virginia Beach R5D 3000 Barberry Lane i, 1 1495-41-1101 JOSEPH P.&AMY L.HEILMAN R5D 3004 Barberry Lane { 1 j 0 25 50 100 67 ITEM— VI.J.8 ORDINANCES/RESOLUTIONS ITEM#73560 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Todd Solomon, 2260 First Landing Lane, Phone: 667-8533, spoke in OPPOSITION Upon motion by Council Member Miles, seconded by Council Member Holcomb, City Council ADOPTED Ordinance to AUTHORIZE acquisition of property in fee simple and the acquisition of temporary and permanent easements, either by agreement or condemnation re Shore Drive Corridor Improvements-Phase III Project, CIP 100381 (formerly CIP 2-117) 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 December 6, 2022 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE SHORE DRIVE CORRIDOR 4 IMPROVEMENTS - PHASE III PROJECT, CIP 5 100381 (FORMERLY CIP 2-117), AND THE 6 ACQUISITION OF TEMPORARY AND 7 PERMANENT EASEMENTS, EITHER BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation and safety within the City and for other related public purposes for the 13 preservation of the safety, health, peace, good order, comfort, convenience, and for the 14 welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements and entire tracts upon which such 23 rights-of-way or easements shall be located, within the limitations and conditions of Section 24 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 25 plans entitled "SHORE DRIVE CORRIDOR IMPROVEMENTS - PHASE III CIP # 2-117 26 AND #7-409 PWCN-11-0192; UPC#102739 STATE PROJECT NO. 0060-134-R67" (the 27 "Project"), and more specifically described on the acquisition plats for the Project (plats and 28 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 29 Division, Department of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be made 32 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 33 offer to the owners or persons having an interest in said Property. If refused, the City 34 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to 35 condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 th day of 38 T)eremhcr , 2022. PREPARED: 10/20/2022 CA15811 R-1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS/REAL ESTATE CITY TTORNEY 68 ITEM— VLJ.9 ORDINANCES/RESOLUTIONS ITEM#73561 I The following registered to speak: Clay Bernick, 214A 84`h Street, Phone: 377-3120, requested City Council defer to a later date Steve Gibson, 6200 Ocean Front Avenue, Phone: 617-2824, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Craig Mytelka, 3868 Jefferson Boulevard, spoke in SUPPORT Joe Beachum, 2135 Mystic Cove Drive, spoke in SUPPORT Todd Solomon, 2260 First Landing Lane, Phone: 667-8533, spoke in OPPOSITION Daniel Murphy, 3666 Seagull Bluff Drive, Phone: 435-4389, requested City Council defer to a later date Robert O'Neill, 3845 Surly Road, Phone: 615-8972, spoke in OPPOSITION Tim Spolanic, 3612 Dupont Circle, Phone: 287-0320, spoke in OPPOSITION Upon motion by Council Member Miles, seconded by Vice Mayor Wilson, City Council DEFERRED INDEFINITELY, Ordinance to AUTHORIZE temporary encroachments into a portion of City right- of-way known as Windsor Crescent re maintain existing stone patios, stone walls,PVC fence, brick steps,fire pit,wood fence and grassy area at the rear of 3868 Jefferson Boulevard(District 9,Formerly District 4—Bayside) 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 December 6, 2022 69 ITEM— VLJ.10 ORDINANCES/RESOLUTIONS ITEM#73562 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Steve Gibson, 6200 Ocean Front Avenue, Phone: 617-2824, spoke in OPPOSITION Upon motion by Council Member Branch, seconded by Council Member Moss, City Council ADOPTED Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned Property known as West Canal re maintain an existing vinyl bulkhead, construct and maintain a vinyl bulkhead, wharf, and four (4)pile boat lift at the rear of 2304 Windward Shore Drive (District 8, Formerly District 5—Lynnhaven) 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, John D. Moss, Aaron R. Rouse, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Voting Nay: Sabrina D. Wooten Council Members Absent: None December 6, 2022 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS WEST CANAL, 7 LOCATED AT THE REAR OF 2304 8 WINDWARD SHORE DRIVE 9 10 WHEREAS, Steven P. Donovan and Betty Donovan (the "Donovans") have 11 requested permission to maintain the existing 160 LF of vinyl bulkhead, to construct and 12 maintain 160 LF of vinyl bulkhead, a 6' x 40' wharf, and a 13' x 13' four pile boat lift 13 (collectively, the "Encroachments")within the City's property known as West Canal, located 14 at the rear of their property at 2304 Windward Shore Drive (GPIN: 2409-08-2917); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Donovans, their heirs, 25 assigns and successors in title are authorized to construct and maintain the 26 Encroachments within the City's property as shown on the map entitled "EXHIBIT 'A' 27 ENCROACHMENT REQUEST FOR AN EXISTING BULKHEAD, PROPOSED BULKHEAD, 28 WHARF, & FOUR PILE BOAT LIFT FOR: STEVEN P. & BETTY DONOVAN LOT 48, 29 SECTION 1, BAY ISLAND 2304 WINDWARD SHORE DRIVE M.B. 45, PG. 37," having a 30 Scale of 1" = 40', dated May 4, 2022, and prepared by Waterfront Consulting, Inc., a copy 31 of which is attached hereto as Exhibit A, and on file in the Department of Public Works and 32 to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 35 to those terms, conditions and criteria contained in the agreement between the City of 36 Virginia Beach and the Donovans (the "Agreement"), an unexecuted copy of which has 37 been presented to the Council in its agenda, and will be recorded among the records of the 38 Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Donovans and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 t h 48 day of December , 20 22 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: cx U LIC Wo®RKS, REAL ESTATE A ER SENIOR CITY ATTORNEY CA15585 R-1 Prepared: 10/31/22 c:\users\ccvaughan\appdata\local\microsoft\windows\inetcache\content.outlook\2r8psed8\00840735.doc DONOVAN ENCROACHMENT EXHIBIT �<<C7 t � N I EX. BKHD& �N, �p S 00 mm WEST CANAL RIPRAP OF LOT 50 •9 4\ c.,,(3O,\C�, w�r E r91Z WARREN N/F BRIAN B. AND MICHELLE �P �� �� / �� N/F CITY OF Az,:. J.WARREN �������'') 0°' (,. S � VIRGINIA BEACH '- =-.F GPIN:24090931080000 0� ti Q �\ �� •' ' ,y0 �c'), MANMADE CANALS `-= NST:20070301000281050 P\4Or..e.' . M.B. 45, PG. 37 IN BAY ISLAND M.B. 45, PG. 37 / REMOVE EX. - -______ _ - EX. PIER & FLOAT MOORING PILES, 155.7' iii ' OF McMEEKIN BOAT LIFT, & A / WHARF EX. LIFT OF 13' WARREN PROPOSED 0 Fr)-Mt, . PROPOSED WHARF • "13' ''i "`--' BOAT LIFT co cci '4' PROPOSED BULKHEAD 7- ` '_ S 86°4c742" El-- 138.69' ppF - OF MADDEN/THOMAS N to N EX. LIFT, WHARF, UNDER SEPARATE JPA \ \ REMAIND TO o N -PROPOSED 160 LF OF \ & BKHD OF YANCEY ° ' VINYL BULKHEAD WITH \ N 56 07 18 E (2) 2 LF RETURN WALLS LOT 47 pF 18.79' LOT 48 v�\ z >z N/F STEVEN P. & BETTY DONOVAN Qo\ "'i z T N/F CHRISTOPHER R. MADDEN .. o AND RAYA LYN THOMAS ‘ GPIN:24090829170000 0\ K No z cn m GPIN:24090809920000 2 INST:20170705000560270 c �\ - 00 o > Z r INST:202103062103 �\c'�° M.B.45, PG. 37 �0 m \ Yi 0 1Oo O M.B. 45, PG. 37 \emu? ��a..,,� p \ �' �n Z .` \ ou,' �. G� �, � o 0 > \ij.) `1`� F \ _ �' �' J NOf < �j •� ` � O_\ N O m 0 �C �� Bck r •so j 91 O c� v \?,,,,, - S ' *, ' - 9\ SEAN E. GREEN23� -3 • \` o Lic. No. 0402064005 -�a 0.14.447� • . > 'o_ _ .� g• • G w /(: ti :>t °� FSS ONA� -�G\` \� v - PF = /R=904.55' /-.160 uo��Er 15QY1 0 1. THISPLAN WAS PREPARED WITHOUT THI_BENEFIT \ L=125.00C' - 55 O �� J OF A TITLE REPORT. �� COI° 0�� Q 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT Q SN QG.3 REU 3. THIS UEST ONLY.EXHIBITEX IBIT IS A RESULT OF FIELD TIES TO EXISTING PF N��P� M�'45, Z MONUMENTS COMBINED WITH THE COMPILATION O DEEDS AND P 'TS vv 0 R 40 80 SHOWN HEREON AND DOES NO CONSTITUTE A BOUNDARY SURVEY. IMIMMMIIIMIMMMi z 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION - OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. SCALE: 1" =40' va z r� �-- CURVE CHORD CHORD BEARING DELTA WATERFRONT o A A A CONSULTING, INC. Cl 124.89' N 71°54'28' " E 07°55'02" z 0 2589 QUALITY COURT, SUITE 323 EXHIBIT 'A' - ENCROACHMENT REQUEST VIRGINIA BEACH, VA 23454 FOR AN EXISTING BULKHEAD, PROPOSED Q PHONE: (757) 619-7302 ENGINEERING SERVICES PROVIDED BY: BULKHEAD, WHARF & FOUR PILE BOAT LIFT N STONE GREEN CONSULTING, LLC FOR: STEVEN P. & BETTY DONOVAN R 4014 MEDINA ROAD#1015,AKRON, OH 44333 LOT 48, SECTION 1, BAY ISLAND 2304 WINDWARD SHORE DRIVE % (330) 883-2117 M.B.45, PG. 37 MAY 4, 2022 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 Cg day of D(' , 20alby and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STEVEN P. DONOVAN and BETTY DONOVAN. husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee" even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "48" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated February, 1958, and prepared by Frank D. Tarrall, Jr. &Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2304 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain the existing 160 LF of vinyl bulkhead, to construct and maintain 160 LF of vinyl bulkhead, a 6' x 40' wharf, and 13' x 13' four pile boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: NO GPIN ASSIGNED (CITY PROPERTY KNOWN AS WEST CANAL) 2409-08-2917 (2304 WINDWARD SHORE DRIVE) 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as West Canal, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 .00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR AN EXISTING BULKHEAD, PROPOSED BULKHEAD, WHARF & FOUR PILE BOAT LIFT FOR: STEVEN P. & BETTY DONOVAN LOT 48, SECTION 1, BAY ISLAND 2304 WINDWARD SHORE DRIVE M.B. 45, PG. 37," having a Scale of 1" = 40', dated May 4, 2022, and prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 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 the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 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 ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Steven P. Donovan and Betty Donovan, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 STEVE . ONOVAN, Owner BETTY ONOV N, Owner STATE OF Virg lh« CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this 1c day of o , 20.aby Steven P. Donovan and Betty Donovan. Elaine M NOTAR Y PUBLIC REG.$1 7561600 Q I011k011 lr-E� SEAL) O MY COMMISSION i2 EXPIRES Itary Public 08/31/2024 (, ir 0ti ...... .... T 4 Notary Registration Number: \(en My Commission Expires: 5 �I (•) APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: *ATURE . ARMEYER SENIOR CITY ATTORNEY 'v Rod sit DEPARTMENT 7 \ DONOVAN ENCROACHMENT EXHIBIT 1 ��C,�,�� N / EX. BKHD& n� LOT 50 WEST CANAL RIPRAP OF p'\�'<• 44-' 4 ) w E o27 WARREN •, \S Q. g'y 1q) , oN/F BRIAN B. AND MICHELLE N/F CITY OFJ. WARREN S / VIRGINIA BEACHGPIN:24090931080000 i ; / MANMADE CANALSNST:20070301000281050 MB.45, PG.37 'INBAYISLAND M.B. 45, PG. 37 REMOVE EX. - - - `EX. PIER & FLOAT MOORING PILES, 155.7'OF McMEEKIN BOAT LIFT,&WHARFEX. LIFT OF 13' WARREN ROPOSED c ►F,,)"ale PROPOSED WHARF ZID 2a, ' 13' ''' _ BOAT LIFT 03 PROPOSED BULKHEAD S 86 40 42 El------ 138.69' OF MADDEN/THOMAS IN PPF EX. BKHD TO o of EX. LIFT, WHARF, UNDER SEPARATE JPA REMAIN `Y' �, PROPOSED 160 LF OF \ & BKHD OF YANCEY / o VINYL BULKHEAD WITH N 56 07 18 E (2) 2 LF RETURN WALLS LOT 47 F 18.79' LOT 48 v.,\P Z. D z N/F STEVEN P. & BETTY DONOVAN Z T N/F CHRISTOPHER R. MADDEN p°� AND RAYA LYN THOMAS `\ GPIN:24090829170000 ?II o N = z GPIN:24090809920000 2 INST:20170705000560270 �\ co = Z r INST:202103062103 �\`''�° M.B. 45, PG. 37 m o cpO 70 -< p M.B.45, PG. 37 p\emu? • �;'•.� `\ o Z , it • P D ?\ ��: \� 0 ,';'�� W°\‘°J O pro -< Z �p,ITHp7. Q lit O `/� ` !s• O_` ~' Or " do 4 A _ iosti 7\ SEAN E. GREEN -; A ' • \ __ • o Lic. No. 0402064005 `-7o ��\ ' 4 _, ` NA=>Lij '31. -e- ---L /ZZ. Ze V - -h,-/-` C1 "`' n � Or�s 2 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT L=125.00I \\ R=904.55A 155 \RCL \v .- ` OF A TITLE REPORT. QP J 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT \ - COM Sv\oE 3-1 Q REQUEST ONLY. PF ON WO 45,P U 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING \N REF Z MONUMENTS COMBINED WITH THE COMPILATION 0 DEEDS AND P 'TS 0 40 80 • SHOWN HEREON AND DOES NO CONSTITUTE A BOUNDARY SURVEY. Z 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. SCALE: 1"=40' z �- CURVE CHORD CHORD BEARING DELTA O , ; WATERFRONT ' Cl 124.89' N 71°54'28' " E 07°55'02" z J..���J CONSULTING, INC. o 2589 QUALITY COURT, SUITE 323 EXHIBIT 'A' - ENCROACHMENT REQUEST cc VIRGINIA BEACH, VA 23454 FOR AN EXISTING BULKHEAD, PROPOSED a PHONE: (757) 619-7302 ENGINEERING SERVICES PROVIDED BY: BULKHEAD, WHARF & FOUR PILE BOAT LIFT N STONE GREEN CONSULTING, LLC FOR: STEVEN P. & BETTY DONOVAN r9 4014 MEDINA ROAD #1015,AKRON, OH 44333 LOT 48, SECTION 1, BAY ISLAND 2304 WINDWARD SHORE DRIVE `0 (330) 883-2117 M.B. 45, PG. 37 MAY 4, 2022 J 70 ITEM— VI.J.11 ORDINANCES/RESOLUTIONS ITEM#73563 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, spoke in OPPOSITION Edward Walls, 5121 Middlebrook Court, Phone: 452-8648, spoke in SUPPORT Upon motion by Council Member Rouse, seconded by Council Member Miles, City Council ADOPTED Ordinance to APPROPRIATE $2-Million of the Tourism Investment Program (TIP) fund and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water, LLC 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 December 6, 2022 1 AN ORDINANCE TO APPROPRIATE FUND 2 BALANCE OF THE TIP FUND AND TO AUTHORIZE 3 THE CITY MANAGER TO EXECUTE A 4 SPONSORSHIP AGREEMENT WITH SOMETHING IN 5 THE WATER, LLC 6 7 WHEREAS, the City wishes to support the Something in the Water Festival (the 8 "Festival") for April 28-30, 2023 by being a sponsor of the Festival; 9 10 WHEREAS, the City desires to increase its partnership with the Festival above 11 what was provided previously to the Festival to further indicate its support; and 12 13 WHEREAS, the general outline of the sponsorship is set forth in the summary set 14 forth in the attached Exhibit A; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, THAT: 18 19 1. $2,000,000 is hereby appropriated from the fund balance of the TIP Fund to 20 support the City's financial sponsorship of the Festival consistent with the terms 21 of the sponsorship agreement. The City Manager is authorized to transfer 22 amounts previously appropriated within the TIP Fund in the event the financial 23 sponsorship exceeds this appropriation notwithstanding the transfer limitation in 24 the Annual Appropriation Ordinance. Any such transfer shall be reported to the 25 City Council prior to the end of the month during which the transfer occurred. 26 27 2. The City Manager is hereby authorized to execute a sponsorship agreement 28 between the City and Something in the Water, LLC, in a form acceptable to the 29 City Manager and approved by the City Attorney, consistent with the attached, 30 Exhibit A Summary of Terms. The City's monetary sponsorship shall be tied to 31 the performance of the Festival and not the amount appropriated herein. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t n day of December , 2022. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Ynagement ervices of the City Attorney CA15968 R-1 November 2, 2022 EXHIBIT A SUMMARY OF SPONSORSHIP SOMETHING IN THE WATER FESTIVAL 2023 Purpose: To have a multi-cultural, multi-faceted Festival (the "Festival") the last week of April (April 28-30, 2023) at the Oceanfront from 4th Street to 15th Street. Parties: City of Virginia Beach("City")and Something in the Water,LLC ("Producer") City Financial Sponsorship: City to provide the "but-for" admissions, meals, and local portion of sales taxes for activities within the footprint of the Festival. The "footprint" includes 4th Street to 15th Street and online ticket sales. The City to provide an advance of$500,000 to provide support for marketing by Producer, and such amounts to be withheld from the final calculation of the sponsorship. The Producer will provide point of sale information to the City to assist in the calculation of the sponsorship,and such amounts to be paid to Producer after the Festival is completed and the Producer has delivered the agreed-upon program. City In-Kind Contributions: Use of various resort stages for concerts Use of agreed upon public parking lots for direct Festival support and rideshare City Public Safety and Public Works personnel already programmed for College Beach Weekend City support of Producer's request to the School Board for use of buses Availability of the Convention Center for use by Producer. Responsibilities of the Producer: Create a festival with the general outline as follows: o Where young people will meet others who are pushing business and culture forward o Where they'll come to experience music, food, sports,technology, and most importantly, what's next. o Where these bright young minds may find their first job out of college,or they will be inspired to start a company of their own Provide Festival attendance and sponsor information for safety/security and economic impact purposes. 71 ITEM— VLJ.12 ORDINANCES/RESOLUTIONS ITEM#73564 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $3,575,692 from the Virginia Department of Transportation (VDOT)for roadway work to CIP Projects 100425 "Traffic Signal Rehabilitation Project Phase II"and 100401 "Street Reconstruction Phase II"and FY2022-23 Public Work Operating Budget re purchase a bucket truck and street light parts 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 December 6, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 6 VIRGINIA: 7 8 1. That $500,000 in estimated revenue from the Virginia Department of 9 Transportation is hereby accepted and appropriated, with state revenue 10 increased accordingly, to CIP project 100425 "Traffic Signal Rehabilitation 11" 11 for traffic signal maintenance; and 12 2. That $2,625,000 in estimated revenue from the Virginia Department of 13 Transportation is hereby accepted and appropriated, with state revenue 14 increased accordingly, to CIP project 100401 "Street Reconstruction Phase II" 15 for road paving; and 16 3. That $450,692 in estimated revenue from the Virginia Department of 17 Transportation is hereby accepted and appropriated, with state revenue 18 increased accordingly, to the FY 2022-23 Operating Budget of the Department 19 of Public Works for the purchase of a bucket truck and street light parts. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of December , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 17;4 Budget and-Management Services 9ty'Attomey s Office CA15984 R-2 November 23. 2022 72 ITEM— VLJ.13 ORDINANCES/RESOLUTIONS ITEM#73565 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $750,000 from the Commonwealth Opportunity Fund to Virginia Beach Development Authority (VBDA) re award for the Acoustical Sheetmetal Project 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 December 6, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 COMMONWEALTH OPPORTUNITY FUND AWARD TO THE 3 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $750,000 is hereby accepted from the Commonwealth Opportunity Fund and 9 appropriated, with estimated state revenues increased accordingly, to the City of Virginia 10 Beach Development Authority in furtherance of the purposes of the Commonwealth 11 Opportunity Fund award for the Acoustical Sheetmetal Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of December , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I Budget and Management Services Ci _ r Office CA15987 R-1 November 22, 2022 73 ITEM— VLJ.14 ORDINANCES/RESOLUTIONS ITEM#73566 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$562,485 from the Virginia Department of Criminal Justice Services to the Virginia Beach City Public Schools as a grant subrecipient re 15 Security Officers and/or Security Assistants 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 December 6, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR SCHOOL SECURITY OFFICERS AND 3 SECURITY ASSISTANTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 6 VIRGINIA: 7 8 1. $562,485 is hereby accepted from the Virginia Department of Criminal 9 Justice Services and appropriated, with state revenues increased 10 accordingly, to the Virginia Beach City Public Schools as a grant 11 subrecipient for 15 School Security Officers and/or Security Assistants. 12 13 2. The City makes no assurances regarding continued funding for such 14 positions, and continued City financial support of such positions is 15 conditioned upon grant funding from the Virginia Department of Criminal 16 Justice Services or other funding sources. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of December 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: G'vr Budget and Management Services C- o y's Office CA15977 R-1 November 14. 2022 74 ITEM— VLJ.15 ORDINANCES/RESOLUTIONS ITEM#73567 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $440,000 from the Department of Behavioral Health and Development Services to the FY2022-23 Human Services Operating Budget re support substance use disorder 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 December 6, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE DEPARTMENT OF HUMAN 3 SERVICES AS PART OF THE STATE OPIOID 4 RESPONSE GRANT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $440,000 is hereby accepted from the Virginia Department of Behavioral Health 10 and Development Services and appropriated, with revenue increased accordingly, to the 11 FY 2022-23 Operating Budget of the Department of Human Services to support 12 substance use disorder programs. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of December , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services t frAttomey's Office CA15985 R-1 November 21, 2022 75 ITEM— VI.J.16 ORDINANCES/RESOLUTIONS ITEM#73568 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $214,809.75 from the Virginia Department of Agriculture and Consumer Services to the FY2022-23 Agricultural Reserve Program (ARP) Special Revenue Fund Operating Budget re reimburse City for a portion of cost to acquire preservation easement 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 December 6, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS FOR THE AGRICULTURE RESERVE 3 PROGRAM 4 5 WHEREAS, the City Council has authorized intergovernmental agreements with 6 the Virginia Department of Agriculture and Consumer Services for the reimbursement of 7 a portion of the costs of purchase of certain agricultural preservation easements; and 8 9 WHEREAS, the Commonwealth has authorized partial reimbursement for the 10 Bonnie Woodhouse Crane property. 11 12 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH. VIRGINIA. THAT: 14 15 $214,809.75 is hereby accepted from the Virginia Department of Agriculture and 16 Consumer Services and appropriated, with estimated state revenues increased 17 accordingly, to the FY 2022-23 Operating Budget of the Agriculture Reserve Program 18 Special Revenue Fund to reimburse the City for a portion of the cost to acquire a 19 preservation easement. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of December 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and M gement Services or ey's Office CA15980 R-1 November 15. 2022 76 ITEM— VLJ.17 ORDINANCES/RESOLUTIONS ITEM#73569 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $146,220 from the Department of Behavioral Health and Development Services to the FY2022-23 Human Services Operating Budget re Project LINK support 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 December 6, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE AMERICAN RESCUE PLAN ACT FUNDS TO 3 SUPPORT PROJECT LINK IN THE DEPARTMENT OF 4 HUMAN SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 7 VIRGINIA THAT: 8 9 $146,220 is hereby accepted from the Virginia Department of Behavioral Health 10 and Developmental Services and appropriated, with federal revenue increased 11 accordingly, to the FY 2022-23 Operating Budget of the Department of Human Services 12 to support services provided through Project LINK. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of December , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services • o y's ffice CA15986 R-1 November 21, 2022 77 ITEM— VLK.1 PLANNING ITEM#73570 The following registered to speak: Eddy Bourdon,Attorney representing applicant, 4429 Bonney Road Suite 500, Phone: 499-8971, requested a deferral Steve Gibson, Vice President-North Virginia Beach Civic League, 6200 Ocean Front Avenue,Phone: 617- 2824, declined to speak Barbara Messner, P. O. Box 514, spoke in OPPOSITION Martin Waranch, 111 66th Street, Phone: 491-3393, spoke in OPPOSITION Upon motion by Council Member Branch, seconded by Council Member Moss, City Council DEFERRED TOJANUARY17,2023,application of ATLANTIC DEVELOPMENT ASSOCIATES, LLC& WPL VENTURES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots at 111 73rd Street DISTRICT 6(formerly District 5-Lynnhaven) Deferred from August 9, 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 December 6, 2022 78 ITEM— VI.K.2 PLANNING ITEM#73571 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of PRINCESS ANNE COUNTRY CLUB / PRINCESS ANNE COUNTRY CLUB & EXPANSION ONE, LLC for a Change of Nonconformity (Expansion of Non-Conforming Use) re one-story dwelling for event space and overnight lodging at 3901 Holly Road, 488 Linkhorn Drive, 3800 Pacific Avenue DISTRICT 6(formerly District 6-Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PRINCESS ANNE COUNTRY CLUB / PRINCESS ANNE COUNTRY CLUB& EXPANSION ONE,LLC for a Change of Nonconformity(Expansion of Non-Conforming Use)re one-story dwelling for event space and overnight lodging at 3901 Holly Road, 488 Linkhorn Drive, 3800 Pacific Avenue (GPINs 2418848645, 2418659235, 2418942388) DISTRICT 6 (formerly 6-Beach) The following conditions shall be required: 1. No additions to the dwelling that increase the square footage or alterations deemed substantial by the Planning Director shall be constructed. 2. The subject property shall be placed into common ownership with the Princess Anne Country Club or a single purpose entity owned wholly one-hundred percent(100%)by the Princess Anne Country Club. 3. Dedicated, off-street parking for users of the bungalow shall be provided at the existing, adjacent surface parking at 488 Linkhorn Drive. 4. No signage for the bungalow shall be permitted except for the street address. 5. Use of the bungalow shall not be advertised as a short term rental nor on any short term rental platforms. 6. Overnight accommodations and use of the property shall be permitted only for Princess Anne Country Club members and their guests until or unless the building is returned to residential use. 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 6`" day of December Two Thousand Twenty Two. December 6, 2022 79 ITEM— VI.K.2 PLANNING ITEM#73571 (Continued) 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 December 6, 2022 , , c.___________?k_,-,__ --_ ,-_,--- ----- --- ---- R 5 D o R7,e \ / „/„/ R40 , / . v---- \-- - H\ . 1 f' .,„.„..,... 7 - •i\e 7 f Or` .,. -- ‘;‘1‘ R7.5 C� 0rl r ----r= R40 ' '''',, \ N. V. A Site w.i. 1 Property Polygons Princess Anne Country Club 0 zoning 3800 Pacific Avenue, 3901 Holly Road, 488 Linkhorn Drive Building Feet 0 1020 40 60 80 100 120 80 ITEM— VLK.3 PLANNING ITEM#73572 The following registered to speak: Chris Pocta, Attorney for Applicant, 2 Constitution Drive#329, Phone: 376-7668, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Lyn Henry, Phone: 553-0530, spoke in OPPOSITION Nedra Howard, 3232 Creekside Drive, Phone: 575-9972, spoke in OPPOSITION Linda Russell, 1212 Skylark Drive, Phone: 427-6481, spoke in SUPPORT Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, spoke in OPPOSITION Upon motion by Council Member Berlucchi, seconded by Council Member Wooten, City Council DENIED application of SXCW PROPERTIES II, LLC for a Conditional Use Permits re car wash facility & automotive service station at 3264 Holland Road DISTRICT 3 (Formerly District 3-Rose Hall) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Delceno C. Miles, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining.• John D. Moss Council Members Absent: None December 6, 2022 6 Z141A BEA° O tit ; -- t F. - 1.. City of Virginia Beach U , ~Y cZ i r s Op owl NAt00H� VBgov.com MARK D.STILES MUNICIPAL CENTER,BUILDING 1 CITY ATTORNEY 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9004 (757)385-4531 FAX(757)385-5687 December 6, 2022 TTY:711 In Reply Refer to 0079306 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on a proposed Conditional Use Permit for SXCW Properties II, LLC for a car wash and automotive service station. The rendering for such application include sthe use of the Exxon trade dress and logo for a proposed sign. 2. I have a personal interest in ExxonMobil Corporation. The corporate address of ExxonMobil Corporation is 5959 Las Colinas Boulevard, Irving, Texas 75039. 3. Because the rendering in the application makes it reasonably foreseeable that ExxonMobil Corporation may realize a benefit or detriment as a result of the City Council's action upon the transaction described above, I am making this declaration and abstaining from the transaction. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this m. , er. i i lo, ,Iiiii kigilInc o 0 Moss Councilmember JDM/DRH 81 ITEM— VI.K.4 PLANNING ITEM#73573 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of EARTHSCAPES ENTERPRISES, LLC / VALIANOS PROPERTIES,LLC&JEM,LLC for a Conditional Use Permit re bulk storage yard at 619& 623 London Bridge Road DISTRICT 3 (formerly District 6-Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA EARTHSCAPES ENTERPRISES, LLC / VALIANOS PROPERTIES,LLC& JEM,LLC for a Conditional Use Permit re bulk storage yard at 619& 623 London Bridge Road(GPINs Portion of 1496878501, 1496974509) DISTRICT 3 (formerly District 6-Beach) The following conditions shall be required: 1. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled, "Landscape Design", dated June 29, 2022, prepared by Earthscapes Lawn and Land Service, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The outdoor storage materials shall not be stacked higher than the privacy fence. 3. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 4. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. 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 6th day of December Two Thousand Twenty Two. December 6, 2022 82 ITEM— VLK.4 PLANNING ITEM#73573 (Continued) 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 December 6, 2022 0141A*BP440 J\1 144 Gity Of Vi rgi ni a. Beach of OUR NAro VBgoVrcOm GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH Refer to File No.: 0079259 December 6, 2022 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of Earthscapes Enterprises, LLC for a conditional use permit for property owned by Valianos Properties, LLC and JEM, LLC, and located at 619 and 623 London Bridge Road. 2. The property owners both disclosed that Kaufman & Canoles is a legal services provider with respect to this application. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, the Act provides that I may participate in the Council's discussion and vote on this ordinance,upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 211 43rd STREET,VIRGINIA BEACH,VIRGINIA 23451 I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sit erely, u . Tower Councilmember GKT/RRI I • 1' 1 1 13 I '1 I �,.,. _,._ ..._--.Road-_��_� __.__ --�- I 1 7 - = -P rod-u ctro-n� 1 . 1 1 , ''''N"\\ 4 , li "i'l (-1 J1 \,\ \ ,, , A 1 ti LI\ \\ % , —\ cl---1 ' Li I Li 1 I ‘ r-. I -� 1[•\___ .3' \--\,A-1 r\ ,1L______ I Preclsl• - rive__._ _ _._ _ ` )4,?..-:'-,•F6i4e°..„\\,0\,,,H,\„` ,,• ._..•_\..,.-....j , \,._.,,, j 12 -; a r-, 1 - . --- Quality _Cou.rt�_ Quality 4, ou I. I 1 n 1 11 \ \ \ \ \ \ . . . I , I ' t� _____--J \ ,'i ; '. CD' , A , _ _ ..„ _.i.t,_\ - ---� 1 ti ,, .___. ir— Ca :t: 0 \ ac:::::::, tyno (21C1 _ ._ C,:?,---------- \ '., V A Site 41. Property Polygons Earthscapes Enterprises, LLC Q Zoning619 & 623 London Bridge Road Building Feet 0 55110 220 330 440 550 660 83 ITEM— VLK.5 PLANNING ITEM#73574 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED,BY CONSENT,application of FANTASY TATTOO COMPANY/WCSC,LLC for a Conditional Use Permit re tattoo parlor at 1920 Centerville Turnpike, Suite 118 DISTRICT 7 (formerly District 1-Centerville) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA FANTASY TATTOO COMPANY / WCSC, LLC for a Conditional Use Permit re tattoo parlor at 1920 Centerville Turnpike, Suite 118(GPIN 1455914345) DISTRICT 7(formerly District 1-Centerville) The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6`" day of December 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 December 6, 2022 - 36‘\‘‘ ) 0 B2 R765�o� �1 . � d ;, - A2.4 ❑ � Q� 4 e . � c B2 � 6 . O IA 47,74� E , o oNA • � �♦ o 0 R7�s R5D \ -4 • li , , B2 '0 a -ii // - .- ' A 1 8 ° \-, . -0 # # Rw5 .>,?„. 2, o -4% '' '- - 71:P.° u ' a . '.' '- 'C ' '''/( .-___ -- %\ TO, Ws ,0 ,, /scr ''' 1. V NO iv B2 v j:r%P°0°: 7R05D,*) � /O z.. 1R71151I o ` / ‘!.‹- Q d1Q):. '3/ NR5 D Q7_..5 X,, C6a -,— ;;--- 1 $' 7.50 (, 74 \ RSD• / 0- ... 0 , - °"0",. A. .,*....-. -._ R7�►51,'R�:�- �°���k—o o 4 r,4� N r A Site W. Fantasy Tattoo Company � Property Polygons o' O Zoning 1920 Centerville Turnpike, Suite 118 S Building m • �Feet 0 55110 220 330 440 550 660 84 ITEM— VLL APPOINTMENTS ITEM#73575 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION ATLANTIC COMMUNITY DEVELOPMENT AUTHORITY AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION DEFERRED COMPENSATION BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD December 6, 2022 85 ITEM— VLL APPOINTMENTS ITEM#73576 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: BRIAN HICKMAN Three year term 1/1/2023—12/31/2025 And EXTENDED DEE OLIVER (Planning Commission Liaison) Thru 2/28/2023 ACTIVE TRANSPORTATION ADVISORY COMMITTEE December 6, 2022 86 ITEM— VLL APPOINTMENTS ITEM#73577 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: BARBARA HENLEY Elected term 1/1/2023—12/31/2026 N.D. "ROCKY"HOLCOMB Elected term 11/30/2022- 12/31/2024 ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY December 6, 2022 87 ITEM— VLL APPOINTMENTS ITEM#73578 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: WILLIAM HEARST Three year term 1/1/2023—12/31/2025 And EXTENDED JAMES FRANKENFIELD DA VID REDMOND (Planning Commission Liaisons) Thru 2/28/2023 BAYFRONT ADVISORY COMMITTEE December 6, 2022 88 ITEM— VLL APPOINTMENTS ITEM#73579 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JAMES L. WOOD Unexpired thru 12/31/2024 And REAPPOINTED KEVIN NEWTON Five year term 1/1/2023 12/31/2027 BOARD OF ZONING APPEALS December 6, 2022 89 ITEM— VLL APPOINTMENTS ITEM#73580 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: STEPHEN BALLARD Three year term 1/1/2023—12/31/2025 CHESAPEAKE BAY PRESER VA TION AREA BOARD December 6, 2022 90 ITEM— VLL APPOINTMENTS ITEM#73581 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: BARBARA BOOKER-WILLIAMS ROBERT CRA WFORD Unexpired thru 12/31/2023 Plus, three year term 1/1/2024—12/31/2026 BRIANNA DEMPSEY Unexpired thru 5/31/2023 VANESSA GRIFFIN Three year term 12/6/2022—12/31/2025 THOMAS RUSSELL Unexpired thru 12/31/2022 Plus, three year term 1/1/2023—12/31/2025 And REAPPOINTED PATRICIA ALSPA UGH (Family Member) TODD WALKER 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 December 6, 2022 91 ITEM— VLL APPOINTMENTS ITEM#73582 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: PRESTON WHITE Unexpired thru 6/30/2025 EASTERN VIRGINIA MEDICAL SCHOOL BOARD December 6, 2022 92 ITEM— VLL APPOINTMENTS ITEM#73583 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: WILLIAM McCLAIN (Coastal Virginia Building Industry Association) Unexpired thru 10/31/2024 And EXTENDED DA VID WEINER (Planning Commission Liaisons) Thru 2/28/2023 GREEN RIBBON COMMITTEE December 6, 2022 93 ITEM— VLL APPOINTMENTS ITEM#73584 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: HARRIET FRENZEL BOBBIE GRIBBLE CHRISTI LYONS Three year term 1/1/2023—12/31/2025 HISTORIC PRESERVATION COMMISSION December 6, 2022 94 ITEM— VLL APPOINTMENTS ITEM#73585 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: JOHN J. CUMMINGS Unexpired thru 2/28/2026 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE December 6, 2022 95 ITEM— VLL APPOINTMENTS ITEM#73586 Upon nomination by Vice Mayor Wilson, City Council EXTENDED: JILL EWELL (Parks and Recreation Commission Liaison) Thru 2/28/2023 OPEN SPACE ADVISORY COMMITTEE December 6, 2022 96 ITEM— VLL APPOINTMENTS ITEM#73587 Upon nomination by Vice Mayor Wilson, City Council EXTENDED: JILL EWELL Thru 2/28/2023 PARKS AND RECREATION COMMISSION December 6, 2022 97 ITEM— VLL APPOINTMENTS ITEM#73588 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: ELIZABETH BA UMANN CHARLES CAYTON LORI OVERHOLT MICHAEL RONAN Three year term 1/1/2023—12/31/2025 RESORT ADVISORY COMMISSION December 6, 2022 98 ITEM— VLL APPOINTMENTS ITEM#73589 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: ELIZABETH BA UMANN CHARLES CAYTON LORI OVERHOLT MICHAEL RONAN Three year term 1/1/2023—12/31/2025 RESORT ADVISORY COMMISSION December 6, 2022 99 ITEM— VLL APPOINTMENTS ITEM#73590 Upon nomination by Vice Mayor Wilson, City Council EXTENDED: GEORGE ALCARAZ DAVID BRADLEY HOLLY CUELLAR JAMES FRANKENFIELD DEE OLIVER JACK WALL DA VID REDMOND DA VID WEINER Thru 2/28/2023 PLANNING COMMISSION December 6, 2022 100 ITEM— VLL APPOINTMENTS ITEM#73591 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: PHYLLIS SAWYER Unexpired thru 2/28/2024 TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE December 6, 2022 101 ITEM— VLL APPOINTMENTS ITEM#73592 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: JARROD KATZER (Alternate Member) Five year term 12/6/2022- 12/31/2027 WETLANDS BOARD December 6, 2022 102 ADJOURNMENT ITEM#73593 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 10:53 P.M. Terri H. Chelaus Chief Deputy City Clerk Amanda Barnes, MMC Robert M. Dyer City Clerk Mayor December 6, 2022 103 OPEN DIALOGUE The following registered to speak: James Lanceliotti, 5988 Jake Sears Circle #201, Phone: 201-403-7950, spoke in support of pro-life legislation Andy Baan, P. O. Box 1354, Phone: 708-5229, requested to serve on a City Council Appointive Agency focused on Veteran's mental health and suicide prevention. Barbara Messner, P. O. Box 514, expressed her frustration with City Council. ADJOURNED at 11:03 P.M. December 6, 2022