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HomeMy WebLinkAboutDECEMBER 13, 2022 FORMAL SESSION MINUTES _E54 4 sk�tr� �f OUR NAZu VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 13, 2022 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, City Hall, on Tuesday, December 13, 2022, at 1:30 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Delceno C. Miles, John D. Moss,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCIL'S BRIEFINGS FEDERAL LEGISLATIVE UPDATE ITEM#73594 1:31 P.M. Mayor Dyer welcomed Alfonso Lopez, Senior Corporate & Government Relations—Becker& Poliakoff. Mr. Lopez expressed his appreciation to City Council for their continued support: Becker Becker&PohiaKoff 2022 Federal Lobbying Report & Update for the City of Virginia Beach, VA Becker DC Team December 13, 2022 Law & Lobbying Firm with nearly 50 years of experience 15 Bicoastal Offices: Washington, THE DC, Florida, New York, New Jersey, California Becker Diverse and bipartisan team of Virginia lobbyists ADVANTAGE Local knowledge. Regional ties. National reach. Named "Top Performing Lobbying Firm" by Bloomberg Government December 13, 2022 3 CITY COUNCIL'S BRIEFINGS FEDERAL LEGISLATIVE UPDATE ITEM#73594 (Continued) Here is the Federal Lobbying Team: YOUR FEDERAL LOBBYING TEAM ANTI IONY BEDELL ALFONSO L'"EZ LEAD LOBBYIST CO-LEAD LOBBYIST OMAR FRANCO AMANDA WOOD CLARENCE WILLIAMS P RY A Becker TEAM MEMBER TEAM MEMBER TEAM MEMBER TEAM MEMBER Berke:&Poif,k, ANTHONY BEDELL • Former Deputy Assistant Secretary for Congressional and Intergovernmental Affairs at the U.S. Department of Transportation • Also served in key roles at the U.S. Department of Labor and U.S. Small Business Administration , • Over 24 years of federal, state, and local government experience • Called "Influential lobbying firepower" — Politico Becker Becker&Poi akoff December 13, 2022 4 CITY COUNCIL'S BRIEFINGS FEDERAL LEGISLATIVE UPDATE ITEM#73594 (Continued) ALFONSO LOPEZ • Over 25 years of Federal and Virginia legislative experience • Former Senate staffer and Assistant Administrator of the U.S. Small Business Administration for Congressional & ♦: Intergovernmental Affairs during the Obama Administration • Extensive experience representing public I entities including Miami-Dade County, Fairfax Water, and Virginia Beach (2001-2005) • Six-term member of the Virginia House of Delegates—49th District(Arlington & Fairfax) Becker 8e.4er$?rlia.c" The next two (2)slides highlight the 2022 achievements: A VERY SUCCESSFUL 2022 Working with Debra Bryan, the Director of Legislative Affairs for the City, our team has pursued an aggressive strategy for taking advantage of unique federal opportunities available to support the City's needs and mission—including: • Federal Grants, • Historic Comprehensive Infrastructure legislation • The Return of Congressionally Directed Spending(CDS)—also known as Earmarks. The Becker Team is proud to report that in terms of increased revenue funding and grants for the city, policy support, and federal approval for city initiatives— we have had and incredibly successful year. Becker Becker&Poliekoff December 13, 2022 5 CITY COUNCIL'S BRIEFINGS FEDERAL LEGISLATIVE UPDATE ITEM#73594 (Continued) 2022 RESULTS • The City has secured$48,466,367(so far)in TOTAL Federal Grant Funding • Secured a larger number of Submitted FY 2023 Congressionally Directed Spending requests from the Delegation than most other localities. • Secured$8.75 million in preliminary House-approved funding for FY 2023 Projects • Secured$6.48 million in preliminary Senate-approved funding for FY 2023 Projects • Successfully secured Federal Assistance on numerous project and policy goals, including the 3x3x3 "Comprehensive Regional Coastal Storm Risk Management Study" funding and inclusion in the Army Corps Work Plan and the NDAA Approved Deal with the Navy for the City to acquire the Midway Manor 8-acre site and the Oceana Blvd. site for use by the schools for additional school bus parking. Becker Becker&Poliakc.f Here are the Current Priorities: CURRENT PRIORITIES • FY 2024 Appropriations Funding—A diversified portfolio of top tier targets • Highway, Intermodal, Bridges, Transit and Rail Issues/Funding - Including the RAISE Grants • infrastructure Bill—New Long Term funding opportunities • Stormwater, Resiliency& Flooding Relief • Homeland Security& FEMA- including BRIC Grants • Local Military HQ&Oceana Becker Becker&Poliakc+ December 13, 2022 6 CITY COUNCIL'S BRIEFINGS FEDERAL LEGISLATIVE UPDATE ITEM#73594 (Continued) The remaining slides provide an oven'iew of items ahead: LOOKING AHEAD: POTENTIAL ISSUES • Road & Highway Infrastructure • Opportunity Zones Funding or Equivalent HUD Funding • U.S. Department of Justice Opportunities • Opioid Abatement Programmatic Funding and Support • Museum & Library Funding • K-12 Schools Programmatic Funding Support Becher Becker R Poliok.:' LOOKING AHEAD: PURSUING OPPORTUNITIES • Army Corps'Annual Work Plan • Harbor Maintenance Trust Fund - ���` • Surface Transportation Reauthorization 7. • DOT& FEMA Grants • '' • National Defense Authorization Act • Beach and Water Infrastructure Funding - • Water Resources Development Act Reauthorization Becker December 13, 2022 7 CITY COUNCIL'S BRIEFINGS FEDERAL LEGISLATIVE UPDATE ITEM#73594 (Continued) LOOKING AHEAD: COMMUNITY PROJECT FUNDING • Taking advantage of Historic National Infrastructure Legislation • Commerce,Justice,Science, & Related Agencies Appropriations Act • Energy&Water Development, & Related Appropriations Act • Labor, Health and Human Services, Education, and Related Appropriations Act • Transportation and Housing& Urban Development Appropriations Act Becker Becker&Poi,.+'•< Mayor Dyer expressed his appreciation to Mr. Lopez for the presentation. December 13, 2022 8 CITY COUNCIL'S BRIEFINGS VB THRIVE UPDATE ITEM#73595 1:56 P.M. Mayor Dyer welcomed Michele Anderson, President& CEO— United Way of South Hampton Roads. Ms. Anderson expressed her appreciation to City Council for their continued support and turned the presentation over to Carey Yates, Associate Vice President of Community Impact- United Way of South Hampton Roads: • Azt,„,AIS 011440. '2100 United Y. Way fteP Here is how the Asset Limited, Income Constrained, Employed(ALICE)Process Works: How It Works !United/II Way ® r — x �,,�,-�Achievement Workforce Referral Partner Incentives Development Intake&Needs �� (I•.complwM'"d.ltraining) Assessment One-on-One Case L—T� rii Management i� —� Housing Input in Personalized Centralized Action Plan ` _ 0 tn.Bridge 0 System `�f-8uf Iona) y 0 0 O O Wraparound Support The future success of our community is directly tied to the long-term financial stability of ALICE households. Thriving families invest back into their community. December 13, 2022 9 CITY COUNCIL'S BRIEFINGS VB THRIVE UPDATE ITEM#73595 (Continued) Here are the Network of Partners: Network of Partners United Alik Lead Partners: 4 `,,' IlarftiVVirginia Beach '-(1). Endependence Center COMMUNITY DEVELOPMENT CORPORATION CATHOLIC CI IARITIES Urban League of Empowering Communities. L 193: Of Eastern Virginia Hampton Roads,Inc. Changing Lives. Referral Partners: 46 TIDEWATERSenior Services 000MMUNITY COLLEGE SP of Southeaster wgirna from ft.e. o anrwhe,a 3 WORKFORCECOUNCIIr Here are a few of the Accomplishments: ited Accomplishments Un _ Wayr`^ • Hired key staff • Issued an RFP and signed MOUs with 4 Lead Partner agencies • Implemented a case management platform • Finalized a staff training curriculum and all program documents • Secured, furnished and decorated the VBthrive Resource Center • Conducted outreach to community organizations • Built network of 46 partner agencies December 13, 2022 10 CITY COUNCIL'S BRIEFINGS VB THRIVE UPDATE ITEM#73595 (Continued) The next three (3)slides provide details for the 231 referrals received: Measuring Success Un4 • Since launch, VBthrive has received a total of 231 referrals • 48 of these individuals were found ineligible • Of the 183 eligible referrals 89 have been enrolled • VBthrive has distributed $52,700 in gap funding to participants United Participant Pipeline Und Wa1 77. 231 referrals received 183 referrals eligible 89 participants enrolled 39 individuals pending intake December 13, 2022 11 CITY COUNCIL'S BRIEFINGS VB THRIVE UPDATE ITEM#73595 (Continued) Demographics United Way Race #of participants Gender #of participants American Indian or Alaska Native 0 Female 77 Asian 1 Male 10 Black or African American 63 Gender Non-Conforming 1 Native Hawaiian or Other Pacific Islander 0 None/Not Answered/Refused 1 White 9 Other-Multi-Racial 11 Zip Code #of participants None/Not Answered/Refused 5 23451 8 Age #of participants 23452 18 18-24 5 23453 5 25-34 29 23454 8 35-4 25 23455 8 45-54 16 23456 55-64 8 654 6 23462 24 23464 15 Mean Household Size 2.25 Here is the goal of the program: The Bridge to Self-Sufficiency United ysitr hIIIIIL * AlllIY `�� FAMILY WELL FINANCIAL EDUCATION DEPENDABLE ���► "an., BEING MANAGFIM47 TRAINING EMPICYMEN? _. ►Spending less than 30%of after-tax income ►Has savings ery ' - ` - on housing of expenses ►Needs of children are being met and are not ► Has good credri •.,... preventing them from school or work P. Fully engaged in work and family ►Achieved a level of education or training ► No health or behavioral issues preventing for a job paying enough to support family them from school or employment ►Earnings are greater than the real costs P. Part of a strong social network of basic living expenses for family December 13, 2022 12 CITY COUNCIL'S BRIEFINGS VB THRIVE UPDATE ITEM#73595 (Continued) Measuring Success °nWay • The highest possible score on a Bridge assessment is 100 • Among long-term participants, the mean Bridge score at intake was 62 • Most are living in a shared arrangement or paying more than 1/3 of their household gross pay toward housing • Most have completed entry-level job training or have an associate degree • Most have earnings between 30%and 50%of the Area Median Income • $19,651 - $32,749 fora single person • $28,051 - $46,749 for a family of four As participants progress through the VBthrive program,we will report on additional program outcomes and achievements to document participants'progress as they receive short and long-term support designed to boost then toward self-sufficiency. Impact Story United Way 77 Natalie lost her grandmother,her only supportive family member,to COVID and has struggled to find her way since.Then she got connected to a VBthrive mentor and hit the ground running.While Natalie has maintained y� a stable job and housing for some time,she received a notice that her landlord was selling :St the property where she lived and she would need to move out.Natalie worked hard to find a new apartment she could afford with her current budget,but didn't have enough in savings to cover the first month's rent and security deposit.VBthrive stepped in with gap - funding,which allowed her to sign a lease quickly and purchase some other necessary ' items. Now she's working with her mentor to improve her credit score and build a savings account over the next six months. December 13, 2022 13 CITY COUNCIL'S BRIEFINGS VB THRIVE UPDATE ITEM#73595 (Continued) Here is an overview of Nonprofit Grants: Nonprofit Grants United 1. Nonprofits with programs and services for Important Dates Virginia Beach residents that address one or more Bridge Pillar Application December 20,20022 • Family Stability Opens • Well-being • Financial Management Submission January 30,2023 • Employment Award February 28,2023 Notification 2. General operating support for nonprofit organizations still struggling as a result of the pandemic • In operation on or before January 1,2020 • Demonstrate at least 15% revenue loss (comparing 2019 and 2020 tax returns) Here are the Next Steps: Next Steps United Way 77 • Community Outreach • Resource Room • Group Workshops • Marketing Campaign: "New Year, New Goals" • Nonprofit RFP December 13, 2022 14 CITY COUNCIL'S BRIEFINGS VB THRIVE UPDATE ITEM#73595 (Continued) Here is an overview of Business Relief Grants: Business Relief Grants LLSC • 475 applications received since February 2022 • Awarded 174 grants ranging from $5,000- $50,000 • 27 applications pending approval • $3,115,000 distributed to Virginia Beach Businesses • Grants primarily went to wages and benefits as well as payables such as rent and supplies • LISC has proposed a final round launch on January 2 and close on March 31 Applications by Industry uSC Accommodation&Food Service Administrative,Support&Waste Management ■ Agriculture,Forestry,Fishing&Hunting ri Arts,Entertainment&Recreation Construction mommomil Education Services Finance&Insurance • Healthcare&Social Assistance Information — Management of Companies&Enterprises • Manufacturing Other Services Professional,Scientific&Technical Services Real Estate Retail Trade moommum Transportation&Warehousing r— Wholesale Trade ri 14; December 13, 2022 15 CITY COUNCIL'S BRIEFINGS VB THRIVE UPDATE ITEM#73595 (Continued) Applications by SWaM Certification [[SC lc, ■Yes ■ No 26% N/A Mayor Dyer expressed his appreciation to Ms.Anderson and Ms. Yates for the presentation. December 13, 2022 16 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#73596 2:26 P.M. Mayor Dyer welcomed Leisha Pica, Program Manager — Jacobs Engineering and Toni Utterback, Stormwater Engineering Center Administrator— Public Works. Ms. Pica expressed her appreciation to City Council for their continued support and distributed a copy of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Pica and Mrs. Utterback for the presentation. December 13, 2022 Jacobs Reinventi challenging tomong todayr. row. Flood Protection Program Update for Virginia Beach City Council Leisha L. Pica, PE, Flood Protection Program Manager Toni Utterback, PE, Stormwater Engineering Center Administrator December 13, 2022 r �, ek4 mr; }.. , , Supply Chain Market ,i". T , • • , 0#1 Trends Update 'St*'''' •,.. .� + , 5 j.'•4, F�&'a,SYF '4, ".� f�F4t u-E�wr+u�' Project Stotus 02 .,, ,.. .. ,. 1, ,. .•,,,.... ,... _. r yt' ,. , . ............ , .' .� .. Flood P Prevention 03 . Bond Referen.., .. � ..ram^"'� _ ...... . ________. , ..... . _ Oversight Board ,...... . , . . _ _ ., w ,..„...--. . .yip' .— a�k • r . ql1 ` ©Jacobs 2022 Supply Chain Market Trends Update Leisha Pica, PE .7roject estimate increases of note for the FPP Flood Protection Program Master Project Initial Estimate % Increase 9 Estimate Increase Linkhorn Bay Drainage Basin $6.7M $3.6M 54% Stormwater Green Infrastructure $40M $14.1 M 35% Eastern Shore Drive $71 .4M $4.7M 7% Windsor Woods, Princess Anne Plaza, The Lakes $279.4M $205.5M 74% Southern Rivers Watershed $88.5M $7.5M 8% Lake Bradford/Chubb Lake $1 18.4M $32M 27% Central Resort District $1 13M TBD TBD 4 6 theRippleEffect ©Jacobs 2022 Impact: Scope refinement impact project estimates Primary Characteristic Secondary Characteristic The initial FPP project estimates were conceptual in nature and were MATURITY LEVEL OF I EXPECTED ACCURACY not vetted with design level analyses ESTIMATE PROJECT DEFINITION END USAGE METHODOLOGY RANGE and documents. CLASS DELIVERABLES TYp+cal purpose of Typical estimating method Typical variation in low and h+gh Expressed as%of complete estimate ranges definition ■ Initial FPP estimates were Capacity factored the mid-point of the Class 5 Concept L: -20%to-50% Class 5 0°,6 to 2% parametric models, 4 conceptual project values screening H: +30.6 to+100.6 judgment,or analogy • • Scope is refined as design Study or Equipment factored of L: -15%to-30% Class 4 1%to 15°% feasibility parametric models H: +20%to+50% progresses Budget Semi-detailed unit costs • The City's new design -10'�to-20% Class 3 10%to 40% authorization or with assembly level line 1: +10%to+30% standard was approved after control items the FPP estimates were °� Control or Detailed unit cost with l: -5%to-15% published Class 2 30°6to 1 S bid/tender forced detailed take-off H: +5%to+20% • Supply chain challenges are Class 1 65%to 100°% Check estimate Detailed unit cost with l: -3%to-10% affecting project estimates or bid/tender detailed take-off H: +3%to+15% Source: Table 1—AACE Cost Estimate Classification System 5 VB I 40 t .... .,kEffect ©Jacobs 2022 Impact: Fuel prices affect project estimates and bids Carrier fuel surcharges for air, sea, and land transport have increased and are being passed through to the consumer and project estimates • Cost of all fuels remain Fuel Price per Gallon volatile and $7.00 unpredictable S6.00 • Gasoline and diesel fuel $5.00 surcharges currently around 45% - down from 54.0 0 peak of 51% earlier in Q3 53.00 -.-.-�,�„ ■ Aviation fuel costs at 52.00 $139.50/barrel which is sl.°° up 73% from last year $0.00 • Marine fuel costs O, O O O O O O O O 0 0 0 O ^4 r, . . . . . . "t ^1 "'1 "'t N N t`t N N N N N t 1 �1 N N r\J N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N decreasing from C .J `- .- ? C - CO Ct. '.' > 6 C .Q T C 00 a 4.' > u a, ,, v c a ,0 7 0 W " 0 d 0, N CO Q r0 7 7 W ' 0 a ,O I) 'a d t0 7 7 4) ' O V O � G < g , < v, a ` o , LL g < 2 -- < v, G Z o � 2 < g -- Q �, o Z o $1,062/mt to $683/mt -Gasoline All Areas -On-Highway Diesel Fuel so urce:www eia.g ov 6 AB If&o theRippleEffert ©Jacobs 2022 N N O N O r0 itOt O 0 W ` t CD Mgt gt.+O s s 1 , 1 CU *rat.+G t > c '; ! _C •� Error •o CD IP. t MT MG 4-0 rl 3� ._ /� a J „tmt}+o V/ N1 41 U L o �' '� in stet V „' c o r O trot.+ts C g U O = 2 crar V r , 13 'ai t + t rotor.+o V I raw WI (0 •Iqt..Q 2 4.. °' - b Llgt.+0 X ,we a) a 4 ..; t ... t GtOt..0 Cfir itl7 WO E IOt►.• C 01 •11 Li • __ L Q i ar Co g a. O o rti C) 113 i OEEE1+ ..s., ry j J. .'. M 7... w V • `3 k R a in ,., T „ 1k. t. 1 Urat),s $.I1 1., ,g.t. j g 0:. R-rgl 4T 4 1limmr ,.-... 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O• • !:.; ,,, 4 4 4 ti T fJ M M t t ���yy E 1 E ._ Um i 4 .. t _, ..., .. .„, v E r 4 I U _ c s 1L c r W U .I.' 6, ' y Q Q JA^ ~ � E . ..,. ... r Impact: Equipment lead times remain high Equipment lead time represents the time from when a purchase order is placed with the manufacture to when the equipment is delivered +40 weeks Lead times for roofing insulation Material Current lead time Two-year change • Unprecedented delays (along with other roofing continue with Roofing insulation materials),are currently among Paint 2-3 weeks +200% manufacturing facilities at the longest in the entire construction industry. Steel beams&decking 10-14 weeks +75% the global level Drywall&metal studs 14-16 weeks +600% • Contractors must include a +36 weeks Lockdowns in China have Lighting&controls 14-20 weeks +100% higher risk level with every significantly reduced Wood doors&frames 18-20 weeks +233% b I d HVAC equipment manufacturing output for HVAC equipment,while hot weather Open web joists 18-30 weeks +125% • Long lead times result with continues to boost demand. Semiconductor shortages are also Aluminum storefront glazing 16-32 weeks +300% backed up factory orders contributing to delays. and less availability. When Appliances 20-30 weeks +400% demand remains at Electrical panels 30-40 weeks +433% historical levels for key Shutdowns and strained labor +18 weeks pools in manufacturing and Roofing membranes 35-45 weeks +800% components, prices increase Wood doors&frames shipping have lead to a major backlog in the supply of wood HVAC equipment 56-50 weeks +250% due to limited supply = doors,as well as hardware and Roofing insulation 40-50 weeks +667% higher construction bids. hollow metal door frames. Source: CDBR Supply Chain Disruption ©Jacobs 2022 12 �� E;`, RippleEfferCt Impact: SupplyChain Logistics Port Congestion Contractors factor a schedule risk cost into their construction bids to cover mitigation measures associated with project delays Port • Construction projects are Con estion Typical. Number Average Berth Wait Challenges affected by port g Ships at Anchor Times congestion for raw Area materials, refined US West 12 @ Los Angeles 7-9 days (Los Angeles) Rail car shortages materials, and equipment Coast 8 @ Oakland 12 day (Oakland) remain a factor • Global on-time 23 @ Houston 19 days (Houston) Empty returns performance rose to US East 8 @ New York 7+ days (New York) continue to be a 40.5% Coast 35 @ Savannah 15+ days (Savannah) challenge - Collective bargaining Growing congestion from ships destined for Russia/Ukraine; negotiations ongoing in Europe importers unable to pick up adding to congestion issues United States, Germany, United Kingdom Source: CDBR Supply Chain Disruption 13 1 'o,RippleEffect ©Jacobs 2022 These project cost increases are significant \� but do not warrant panic I U for the Flood Protection � Panic Program Jacobs CRei he Reinventing orrow. Now for the good news - our mitigation strategy 1... ..........0.0"......... MIDI o • • • imptiob . . . . . . . s . . _ . . . . . . . .. .. . . • • 41Wir Continue Maximize grant Participate in Participate in Coordinate monitoring funding collaborative value engineering financial risk economic design with design-bid-build planning conditions progressive projects design-build projects 15 I theRippleEffcrt ©Jacobs 2022 Flood Protection Program Grants Total of Grants Anticipated Flood Protection Program Master Project Approved Future Grant Submittals Stormwater Green Infrastructure $12,900,000 $5,000,000 Southern Rivers Watershed $20,000,000 Linkhorn Bay Drainage Basin $3,900,000 Lake Bradford/Chubb Lake $30,000,000 Eastern Shore Drive $25,100,000 Central Resort District $5,000,000 Windsor Woods, Princess Anne Plaza, The Lakes 16 ©Jacobs 2022 True transparency through open-book cost estimating is critical to the City for making informed decisions related to scope and cost I tatlmataxl I.11,11Ahases.Intl WWI, I'rmknn,•Wnrl.rrI}W11411mt9.t f.M:fM191 A[]© Fie Fdt Rn,, Database Tabaaff R10p Rlpmts Interface (Mallon Help .10J13J 0D)-* ED O 1N1w. '®t®M1 [ OkE ->- R? Top FacI1Ny Sub Activity 1 Description Takeoff Labor Labor Material Sub Amount Equip Other Total Detailed Cost Breakdown Taskl I Task 1 Quantity Man Hrs Amount Amount Amount Amount Amount 01 PROJECT MANAGEMENT 1113666.5 5,284,256 1,460,462 1,492,625 137,000 881,320 9,2)6,662 • General Conditions 02 ENGINEERING SUPPORT(SDC't) 3,219,227 477 0 3,6D0,6271 fie ,71 7l0 3,i9i�EnglnRnfl°g 8 ServlaaDarhyCatiaYMM 3.219,297 03 1ENGINEERING DESIGN SPERMTf1 6,272,304 2,417,666 7,692,970 • Engineering Services - I Engineering&Sin kM �.. II 2,417116 04 PROCUREMENT 1311/.213 0 14,910,E 14,993,946T • Construction Services _ « Yard Piping OM S 110,301 190.364'' ii i INedviabSuMNng 1,187 1,167,675 • Primary Clailers Rim • R min 706.437 Subcontractor Costs _ Aoradon Basin(Incl..8lowa MO1111?2 �11 2237A11 fit 4 Membrane Facility and Chemical S , 7,196.127 7.196,177 • ALL Costs 14g.i6.13 PROCESS PIPING&VALVES 285.504� 265 56l 1/32256 LIOl11D PROCESS MIXERS 17.037 17.037 — —r 43.]2.S - 'MFpBRANE FILTRATION SYSTEMS 6.068.7119 6,068,709 ILQ.19 43.32.55.10! 209 MUM SUBMERGED E A:ma s sydam am/ i •' 6,068 209 speci•fic Construction Costs _ -� 41.17.77 1W_ATERC0NTR0LGATES 61.175i_ 61A25 _ 44.42.56 'WATER TREATMENT PUMPS "r'µ0 i L. 22i,569 • Detailed Work Breakdown Structure _ - 44•4231 GENERAL WATER TREAT'MNTMI Spreadsheet layouts:Top Task Faahty;SubTesk/Activit...8© 4D0001 4464.13 WATER TREATMENT CHEMICAL FEED MI 270,665 - n SAW radlN, FT op_Fac_Sub_Act1 CostCodes Add 1,911A99, • Labor & Equipment Rates Aerobic 9�e linci.Gas W STD Fac St�Ad,-o� I • Crew Size/Make Up — .� M.�eblcolgmnr+Gas Equip Est... „' 91 odor Control(BIal11MQ I 2MA38 1 — - Delete -----~ Cogene tion Fael • Labor Man Hours 9 Plant Pump rnA« 9i PIeM Drain F ump Station 53.i111 06 I__ ICONSTRUCTION 1 OK X Cancel I ? Het, ( 57,206,236 • Equipment Hours a START•UP8COMMISSIOMi s — R1 2,953,345 _ —07 PROJECT PRICE DEPENDENT 1 ion, 13,911,762 • Unit Costs & Material Take-offs r «.abwl I.I eoe a' CONTINGENCY 326,977 t 676,767 300,000 1 6,600,000 8,002,644 .I d«A ATM*/�ClCI#scNy)8Te TeekIuMfyS ..ub Tk(Aryl.ay 1/Grow dlsserecty A Fn yWork by/ li a I I► far N0,praM fl._._ Gravitate:138,247,805 Er" 3/1912009' • Fuel consumption rates costs .u1;.A I 7 NB If&I theRippleEffoct ©Jacobs 2022 'Msa lf�. Project Updates Toni Utterback, PE 4stip, , } . ;fir {, AO I.- 40 „,r , , . -. 4—. ‘. s 4 .... ,..,. 0 I k,i( , , ._ , A, . . .,_,,. ate , i . \. . . 51:,0) a' .i i ,,, ..., ,....:::, .‘.A:1 A ' ,.',-' * . f yt • r I , E . # _ illt ' )„ . .,' . . ': 4 ' ' i ....C. pi 0 :_ i: •': N �' '' — . - i ' / st ,e e • A. ......k -§, '‘::it f a t . 14-:,1 1, 4, 4 ,‘ ' ik 1(...v. . , .y . 7 .f'1. 1 t t . 4f 4 ) :. yie,c4fIC • , . , 4. _ . •' 4 ;1.- - -11.:: ( 1 t.t4,- • �.. f i ! T I i 1411r , . .. , / E • y , 1 ,� �,,!_`1. .,if , fir4 as �, 1• , } C>. ii, a. _ r s� 1�y ....„ . 0 : tr- w " Co � � � M m I-- �_ t tdir 1 CO r e 4 ., , 1411 C W •. O co Q ,r, , \ .....ie •..... N • ''I i A - 441 * ••c ' ta, ct-b .1.:„,.. til!,01 ' ,- r/ , \ - i f . Ole ...'I',1',41 tit-if 7: ' ';' l'• ,1: 111 ,„, . ;,, jiib• :a : 1. 44,,,it St0 . ,), ,v4i. ) . f , ,. 0 . Et t. 4 r . ' } i.� ,t, 1 _ ►j 1 , _ U i to t u r 0 4 pia�'or I I ,,, 4! 4-4 2 v •. -. 1 # :, 1 i-' t' r w r 4 ``+� I 'n ji f i. {{•: N Q • • ... ,,, • '..,-'. , if t„r, ,f ; ill' . 04014 '--4 * 0, A* ' II • .' yi. ), i. F IP ,-, , tkilli. ; 4 " i r , . :, is. t* ii, , . .......... • .• A i ,1 ,• ' , , ' iv. T '. - r ti,'llk s •'. : '" et !,fAttifs If I .i 1 44, 4 .gy i , I , it% il.,It.4), okt, 1 4 fl '1 ' 1 ,-s ' ' * It . i: fUt f t i :114'/ • '(..1 i r.,., . . , i , .., ,,,..„,... t „ -..„„ , .i.,„ J.4 v. ' - .1 , 1 #r I ,,,y, .,„. ,,, • , I.,.., • 114.":14., r•--• '''h (44,14Vi." ' ''',11. '" -s• . ..::-=' ''= - is s ' .r t 4 s , ;* - ‘ , , .., .. i t '� 4+ .,:',11.:: ,-..: 441114.,:‘, i 4 .,:t, L Aa ,1.1."!I..A: itili.:. c,, ,..„1,_ ,j,....-wr__Iiii.r,, . .aa- s. , dir, il+ ' t. ,r - �- 1 s% — I / 1 1 le •e i ,., CZ t. •I m i • •1 " . , 4 v. 141 ,, r ,•li 1,4,v A 40, ;,i I C ' t, Z '4 .„1 4. *, - r- --...i I '11.3,, • / i 1 'S, 4. • CC %- " - _ , r , J; *":"`''''''‘*: ktr.\\, 4 CO 1 . -.,-..,.:ta. -., .. 1. ,i �—+ F'• 1_t '' r3 0 ci.° - , 4. .4 .\ OCC) E \ L d`i 4 • 14_ U 2 4• ;. j u,i , m co �t �.� 1; ► r • i a t 4 ii L.� • r MAIN GATE Linkhorn Bay Drainage Basin ...i.- y -.Atil tir,,, -,, .,. W:ft, Project Scope um II , N , . . li,,,, ' 4,- ,, 1. Seatack Neighborhood Drainage Improvements ;' _LO SOUCEK r. LD New storm pipe along South Birdneck Road, between Jackson Street — T E R J ET and Sea Street Replace storm pipe along Jackson Street 2. First Colonial Road and Oceana Boulevard Drainage j t 6 • ,_ Improvements °"� Nev stormwater management facility on City-owned property between New York Avenue and Southern Boulevard } conununit* &t. 181 C x,� Linkhorn Bay Drainage Basin 'grit Anticipated Schedule* Preliminary Invitation to Construction Construction Engineering Design Bid Start Complete A t_11 0 * I" IaTi1 6i-0 'ilk 1. Seatack Neighborhood Drainage Improvements 100% ' ill 30% Late 2023 Early 2024 Mid 2025 2. First Colonial Road and Oceana Boulevard Drainage 100% Early 2023 Early 2024 Late 2024 Late 2025 Improvements • Schedules have not changed 1,13 I !wRippleEffect *This schedule is estimated and is subject to change. Linkhorn Bay Drainage Basin Ara& Estimated Cost Increases Increase/ Projects Phase Decrease Amount 1. First Colonial Road and Oceana Boulevard Drainage Planning Increase $2.0 M j Improvements 2. Seatack Neighborhood Drainage Improvements Design Increase $1.5 M Total $3.6 M 54% • Cost Increase Attributed to: - Scope Refinement - Construction Labor and Material Costs • Awarded Community Flood Preparedness Fund (CFPF) Grant: - $2.0 M First Colonial Road and Oceana Boulevard Drainage Improvements - $1.9 M Seatack Neighborhood Drainage Improvements vg I RippleEffect 23 �M a c �! 1 dttFFF }y ' 41, vA•, kr 1. Yuvt r" .. .4611.? Sto rmwate r „. Green .,360. . Infrastructure 2 PROJECTS ,3„....... • . .. , i ..„ . , , . • . ,. . 1 , . • ,, , , , ..,...,,,, , , ___, , . ( , i',4....,0.\,,,-.) Nt''. V ' . . , 4 .. . . 1 \13 I theRippteEffect .,,a, ,, =— — a ,. ...w..AY■NMI',1 1.1«e... °:.,> `.'.',°"`*. „ -�... - t :y a�. e , • r• :tilsow '+�. -414111111110* '.rr4 r -...rt.„.»:;,,.a....,aMr. '". 'L" 'ES. . �r - ... a: ,'R.�f, #f" �I►. . r i•0•1 et p v'f t: 1 rt '*NY ..- , . . fo, 4.01,'if: igt , , til io,lr { „A1 + i tl�L , +'e 1� , Si, .. Fy ` ,1.7.Ti.•-, .. ' A t j� ,... • .„,, „,s,.i v tist? 1;1 , . if 4 flit _' ,, . 5 , I II,. s.,„Ek, .,fr,,, „,,_ ,,„i A •_ ...F. 6., . ; ' • ' '•aa.,;4ce.it, Li > +•,,, ' a r: k ' .- -•r `, 'ram. 4. i + ..44 I 14 * ‘. .._, - j ., ., t _`:i, - ' 4,- wi ; -c i y t O ;t i{� •P` l i In • I� , , fit' L" Q, Q 4 (1 °f a . . , , , _ it , 'I'. ` t (r •fa O .y;t $ M ' . 4 ,11,,,7.r.10,f, # *, Al.._ . il 1 i 0 ...'''''''. .,. , . {.' 2441 . NI/ f.t - . 4 t40 •� a • f �4at•42 t ;' VI CU eett, L.. 4-- C CU s I L a L 0 f� r! O m > 4.0 a.. y s m CD c6a) IC NA- I.. N L I. tikk c a 1,� � e_ f�'i V . + 4 E 4-, 4. * ‘. ,, ' o u , • t4 , it ,le-+ p " iIt kt•,,, I 4 i. • ; � Stormwater Green Infrastructure ., , t o, Project Scope 1.,� „I a q.y - t 1. Marsh Restoration in Back Bay - ram, _yf.'<�... ref' .,�-.: _ ..4ky.f/'. , 4;�,�:} V. • ... '. � �*, vtr{ �arraWr�✓" .. •q'�'y-Ty� � _Y � National Wildlife Refuge f, y, - , .-- - Construct marsh terraces within Bonney Cove �-- �4 Before After "'"`,,,'_.. • • iip 2. Elizabeth River Wetland and 110. Arrowhead Elementary Floodplain Restoration Carolanne Farms School fVeighbortiood 1r Park Wetland restoration along the shorelines of .. Woods of Avalon Park and Ferry Point Park ,, .. „ llop — Living shorelines along the waters edge of the Arrowhead Elementary School and • Fe,,,, Ay" sz,fi kiiijk- P ark Carolanne Farm Neighborhood Park P n Psi theRippleEffect 111. l► Stormwater Green Infrastructure Anticipated Schedule* ti4t;: I Preliminary Invitation to Construction Construction Engineering Design Bid Start Complete Will A Mill 0 61 1.1 (;'P I 1. Marsh Restoration in Back Bay 100% 90% Late 2023 Early 2024 Late 2026 2. Elizabeth River Wetland and Floodplain Restoration 100% Dec 2022 Early 2024 Late 2024 Early 2025 • Marsh Restoration in Back Bay: - Invitation to Bid for Construction has slipped 4 months due to issues with acquiring property for the staging area - This Delay adds another Year to Complete Construction due to Seasonal Restrictions (October—April) • Elizabeth River Wetland and Floodplain Restoration: -- Schedule has not changed VB I �>' RippleEffect *This schedule is estimated and is subject to change. Stormwater Green Infrastructure Estimated Cost Increases , I„ Projects Phase Increase/ Amount Decrease 1. Marsh Restoration in Back Bay Design Increase $14.1 M 2. Elizabeth River Wetland and Floodplain Restoration Design TBD TBD Total $14.1 M 35% • Cost Increase Attributed to: - Scope Refinement - Construction Labor and Material Costs • Awarded Community Flood Preparedness Fund (CFPF) Grant: - $3.0 M Elizabeth River Wetland and Floodplain Restoration • Awarded National Fish and Wildlife Federation (NFWF) Grant: - $9.9 M Marsh Restoration in Back Bay � RRipple_:.. ..,,, .. ., r A• .4 4 0 sr. .:,.'. ,'.•#"7 02,4 . .4' _,--—'. .'''.".... t: 'W i .447.10W IOW ,, ,.74,74441/704.1010,K., -,.- --.'" 44,... ° Eastern Shore Drive Phase I ...„. --..--•---- , .., . . _ ...._. ,,... • , . . 4, •4 9 PROJECTS . . . . ...._ A..... se. .4,,' 11 -- 107 -7..............— - 41 4 'SI rem ot / Lito — ....ice.0.-..1 -: • :. ..... _ - r . . . .. ammo'. . "t , _ 1: ! intzz:! 1, — ....... , efr_-,:-.4. 3, r i '"•P• — t. - Ili .,-.,. .....,:e.,....- .,......:7, '-. •1.-. • .-....ill"'it.- —............................. .,._, . • ,-'., - '.4,-- ..-.i"zr:..*-.7"-:.4.:,:'• 4':•-..,---: A 1 '7"0.10:-'7''''"'"-- - . , _- ____________ -............:_-• .- .-....... , .. Niiii ti-ieRippleEffect . , . k , • .. ,,. ilit '4/ # 4,, ,ft: Pit' '0 At 4111°:1 f A, '-', Y ' c i' ,I. . i : , ... ,iiii;r ,1 of? ....4,4.1y, e .0 (1) -11447.44.4't ./4 fAi , • .'&!I,1 ' 1,i * , . h.,..4 / '5 E • . ' , ' 1- il' ii.. 4404' !" a *. �:tir" At`,t w.j i , Z- ' It 1 k, iii''.0 Ut.6'' . / - - ai A s- 0 ' ',„/ 4 ,. . f - a .- '.‘ 0.* , 0 A ' A c t6' 140 ' 0..' ' 1 til .f > of J. Tvil- . ' = j�..��-__�___//���'' 01 ...„A 1 i • . ..., c , -414 • .. ., ' ' diy. 4 ,.- ' *. i OP r>' >) . 'Ale — 4-i, -* # Si. ':. .-. r 4 1.i t. f I i .e. .. t la ( ` ,, ,,,..„, ,,„.. ,,,p1 .,, ... ,i�,•" J lit ', iii , .. tr ,i ill f ; , . ., . .;„ . • . t • 70 a 73 C L *f..it, ' ,., di 1 ,,,,„ u ro 1.13 v- A. - 0 ttA,F, o vl •* s v. . . . V 0 V 3 ! " s Z r t.t. •1t' i 13 3 > 4J 1 l' 'E C% C N `f. A it, .v. a) :; • _ _ CU ': 4 * :Z ifrikk,'et.' . 63cL ' (I '9 4 . Illi k a Y;. { `lk' t ir e, g fr �p ,, r s '. V ' ."1",-.-;:—-,po, : ' -Z;‘-'' , ,_ f -' 1 . > b. . r rgt ; , 0 r.Tv. - -i •CU = aA ko. baauas'� � - I1P-r - - SEMI1 a) - _ .. '_ -+` t O -i- 0 �. V V1 y a NEC Q Q C , t r13 co L. C Cn:sL. CU oQJ . i' '11 - ., .AL 1. h.-iliti -Z *LIL?::: lea 4-1 L..) -.1014* 1' , - sprir-8 0 co ' - /4 4 , . c ' 0 v.,- our a jci, LLI J gin U +r o L, V1 41V •i e --- ; e a. Iv - Eastern Shore Drive — Phase I .a. AT.?`4p-4 Project Scope 1. Cape Henry Canal Phase II — Colony Park Pump Station -';-• ' --- v:Lynnhaven 40 : , - Gravity Sewer Relocation `� a,®, . - Relocate gravity sewer from underneath the canal4. 41 2. Elevate Lynnhaven Drive* . , ,jr,...,,.., . . .. -" - Elevate Lynnhaven Drive at the intersection :#441:4. Fi ''- ,... '., ,. West Great Neck Road and Lynnhaven Drive ti !gt ,,; and a small section of Ebb Tide Road . : -� 3. Lynnhaven Colony Park Pump Station* ._ ,--!t - - - - _ Stormwater pump station on the south side of PT b -4 . - -'4 ; Lynnhaven Colony Park and upgrade pipes along the -�.�r '= Cape Henry Canal west of Starfish Road - " '~ 4. Lynnhaven Drive Pump Station* - Stormwater pump station and automated tide gate near the intersection of Lynnhaven Drive and West Great Neck Road , 5. Cape Henry Canal Phase II — - .* , i d i. rir ' Widen and Deepen Canal* r .. , VP - Widen and Deepen Canal for additional stormwater storage VB I �� RippleEffect *Combined Project Lynnhaven Drive Pump Station 31 Eastern Shore Drive — Phase I .;%i Project Scope ,,,?(-1 6. North Shore Drive Street Drainage Improvements, 1F* Poinciana Pump Station Side street drainage improvements including curb and gutter, a :406.1 valley gutters, rolled curb, storm piping/drainage inlets at 1 ,,r' b'Ar "°`, " '` 5 side streets �� ',!�� ' - � .�`. i' "" � , 7. Cape Henry Drive ' �_. .. . `" Street Drainage Improvements, 1G* Side street drainage improvements including curb and gutter, •- ... • An 7 valley gutters, rolled curb, storm piping/drainage inlets at �" '= ' - 7 side streets i4 ' ` — -- 8. Poinciana Pump Station _ ______ Replace 40-year-old Stormwater Purnp Station located on . . Poinciana Drive between Bayberry Street and Sandalwood Road 9. Vista Circle PumpStation ~ x *� '•M�Yt A 1 p ?� — Pump station at the intersection of Shore Drive and Page Avenue • - . • ,;, I RippleEffr— *Combined Project Eastern Shore Drive — Phase I1,-4:a;. Anticipated Schedule* Preliminary Invitation to Construction Construction Engineering Design Bid Start Complete • Elevate Lynnhaven Drive Schedule Accelerated • (jji- Q (j ')r • Other Schedules have not changed Iii 1. Cape Henry Canal Phase II -Gravity Sewer Relocation 100% 100% 100% 100% Mid 2023 -30% 2. Elevate Lynnhaven Drive 3. Lynnhaven Colony Park Pump Station ^'65% 100% I Early 2024 Mid 2024 Late 2027 4. Lynnhaven Drive Pump Station "'90% 5. Cape Henry Canal Phase Il —Widen and Deepen Canal ? . i . , 65% , 6. North Shore Drive Street Drainage Improvements, 1F g p 1I !!",24 arty 2023 Early 2025 Mid 2025 Early 2027 7. Cape Henry Drive Street Drainage Improvements, 1G 8. Poinciana Pump Station 100%400100 Early 2023 Early 2025 Mid 2025 Mid 2028 9. Vista Circle Pump Station 100% , Mid 2024 Mid 2026 Early 2027 Late 2029 Virii It) RippleEfer r- *This schedule is estimated and is subject to change. Eastern Shore Drive — Phase I .a. Estimated Cost Increases Projects Phase Increase/ Amount Decrease 1. Elevate Lynnhaven Drive Increase $400 K 2. Lynnhaven Colony Park Pump Station Increase $600 K Design 3. Lynnhaven Drive Pump Station Increase $600 K 4. Cape Henry Canal Phase II —Widen and Deepen Canal Increase $200 K 5. Cape Henry Canal Phase II — Gravity Sewer Relocation Construction TBD TBD 6. North Shore Drive Street Drainage Improvements, 1F Design Start Early2023 TBD TBD 7. Cape Henry Drive Street Drainage Improvements, 1G 8. Poinciana Pump Station Design Start Increase $500 K Early 2023 9. Vista Circle Pump Station Design Start Increase $2.4 M Mid 2024 Total $4.7 M 7% • Awarded $25.1 M from FEMA for Building Resilient Infrastructure and Communities (BRIC) Grant: — Elevate Lynnhaven Drive, Lynnhaven Colony Park Pump Station, Lynnhaven Drive Pump Station & Cape Henry Canal Phase II-Widen and Deepen Canal a '1111111111.... Windsor Woods • . • W = :.. • Princess Anne Plaza & The .. r . Lakes A5 ci. 4.4 4. w Master Project 12 Projects 'NB theRippleEffect ... No .... - .14\ _. Ir .a s k!IZlrrrtfett'--- ------- '5'. -,110hi .: , )`: . It.t ill' 1 444*>\\ '. t 'i t /-A, *IP M •• i t' el._411a ir- - .tilj .4'. I • �rimp ,I - t `. oiS , L 4A n- W „ �� • -0 , f0 ,L - � Z - ��-+ Bven Pk>rY..T-,Tii���,'^- r--st� ��4-...4.... „`^ JO lJ at 1 - 40 (I) - Z 1' ,• +� C z ,,,... ,,,,.,,,,, x 4,2 4,_ , -1. ,,,,-, 43 ,,1 t., 2. ' • . k, , jk -.31— ' , ,ilir .;,-,,, ,..., • j:4). i u v- Y I ► ' iiii4 �/ 4 ' `'t".4 ) ue s �0 `' c• eR�',✓•�t'�+\. ''r k\1 ,.,%- Y.- Si '2,II,..-.''-__ . , /flt.,,e+40,9° -/ iN-r- .31-4'4• 4.: * -':pa,t'l;,-`1,'„I * .1 , ,t- .., ... -.... c._,...,-.4. *,t, .,:4\ ‘ •<- , • . Er. . -. t i. a •, _ a • 4 _ •• ^;4`e _ lie .... 1 .r3--'713- a) 4 t-•47Bilf-*-1--Zi•?;', ..-s-i:(1!.. - •' co = C1 .' ! ,.t r fir, a n . .a -: N 0 W m c 0,r a„: .aim.-.4 ...• %':1 r '3'i 3 L iZ I•:ry- .A 7. - r N t 4 6• L• O O r ` Cr `a _ • to t �..` _�4.gip_ ,_ _ C —• t f j 1 7 O c ..'r►L- • J f •1t??,�i f6 s.. •f l' '-0 04 4 I L L , f om/?'� f. � O in 13 ?� r 1'� . `— - ,. Pf •\ �• .s ?�.•' .ems{;`� 1 ,iN R- . .g , Q A , :`•. GJ = fC C /46,� .. fit ► ► a 0 ‘,.., 0 -,',., - ,-.. ... ,,- ,4 A..., i i,,a.,„„i•:, :..liv ja,.% it,, i I— ' ' 41-.7__e 0 -:' - t•--./' • i - •• <' t :r•' E _ .. r L,r C1 0Low �-. + -L� \i a. • 4i;+ to •a Id s • n (,) C • ' 4 ih., (• .,, a) tft ' 'i' o '° � Yo J �Rfi►.$ ti .tI ,,,,,,,,AltfI� fr• , � .G1 L ll .y r L ':O i..' .s. • - ' ti E) 41. 1E0 ‘...„. 17,3 s— i.,..., ,, • 7I • t Y .• q M• I f~ � { : •1' -• V _ r r.. . 4• Windsor Woods Princess Anne Plaza, & The Lakes Windsor Woods Project Scope fippf 1. Tide Gate — 4 gate bays (total 60 feet wide), Interim Pumping 2. Club House Road Stormwater Structures, 1,400-ft Storm Pipe, Stormwater Pond at the Golf Course 3. South Plaza Trail/Presidential Blvd '._ Windsor Woods ide Gate Project r. New Stormwater Structures and 3,000-ft New Storm Pipe fi th,, RIppleEffe,p 4. Old Forge Road/Red Lion Road viryiniabeach.yov ' — New Stormwater Structures and 1,700-ft New Storm Pipe CIP 100,88 EhCINttlt:ld rIY1t i Bake-Ink;rr•gGur,i.LLC 5. Pump Station* _ �:� I IIACTCR ^.nr�tndt:r r:Un:.IrvCDO"Company On INMRVATION•www.vbgov:cm a•16!3: _ - Stormwater Pump Station including Control Building & 6 Large Discharge Pipes s 6. Flood Barriers* ,. — Earthen berms and concrete walls ' ,. ' ' 7. Thalia Creek Lake Trashmore Improvements* Y'd1►11Y�JJ r_ M — Culverts and Channel Improvements between Lake Trashmore & Thalia Creek A I L� RippleEffec *Combined Design-Build Project - Windsor Woods, Princess Anne Plaza, & The Lakes Princess Anne Plaza Project Scope fipp, 8. Bow Creek Stormwater Park 9. North London Bridge Creek Combine stormwater storage with park facility Tide Gate, Pump Station & Barriers* - Will be constructed in 2 Phases - Large Pump Station with Control building - Tide Gate across London Bridge Creek - Flood Barriers and Retaining Walls if ,• a.jortti.. • 7a}!'� i:, tr,au �"... ' sew- '' it � I. ' .. ._ ,'yam "i ,.. tom'+"'-'w •'� . ,. 4 t -i4111- � oisiamiliiiikadi 'AO x :.r .4.,Fre r �-�ac+ea._, �a�rtix NB I < theRippleEffort Combined Design-Build Project Windsor Woods, Princess Anne Plaza, & The Lakes The Lakes Project Scope ,1' ' .1t,r-..„,!.i - 7..., ' •_,.4.- --4 .---,., . - . ....**,a,...-4v:-,--1 - It:4:4:47,:;:, .4, - 10. Holland Road Gate* 1 a :V'.. 11P' - Flood control gate on the west side of Holland Road 4.1, r� -- - �.� '`. ���. � w - Storm drainpipe improvements in the Chimney Hill "" . 4' :•;10, , , __ subdivision v° _' \ �. .� a. , +fit_ " 11. Flood Barriers* 'I Tide .. .. Gate �""` t - Earthen Berms along the East and West Sides of ha, er P ark .ry ,.� 4_� .: :�.` Adjacent to London Bridge Creek Lyre _��, -. zo� ',� '�, ,;. ._ .. ' .�'' Lynnhaven Parkwayg a • - , 11111 12. South London Bridge Creek Channels ,rPP and Gate* Y . . )i, , ,1. --e ... ,'� Channels r *,r, -, . - „..... ,,' , - / ,..lic..,__ -,,... , vr, - Channels and a tide gate along the Lakes and Green ,r - . ,is. K, t r r• , '. Run canals and along London Bridge Creek south of "'* ,: \ Lynnhaven Parkway I L� Rip pleEffect „ ,., *Combined Design-Build Project ', , Windsor Woods, Princess Anne Plaza, & The Lakes Design-Build Project Anticipated Schedule* fipi Bridging RFQ Design-Builder Construction Construction Documents Advertisement Selected Start Complete • Schedule has not changed RFo i• "*-viia Will A- N0 1. Windsor Woods Pump Station 0 2. Windsor Woods Flood Barriers . 0 NNW, 3. Windsor Woods Thalia Creek/Lake Trashmore Improvements 4. PAP N. London Bridge Creek Tide Gate, Pump Station & 90% Jan 2023 Early 2024 Mid 2026 Mid 2031 Barriers 5. The Lakes Holland Road Gate 6. The Lakes Flood Barriers 7. The Lakes South London Bridge Creek Channels& Gate VB I :› Ripplef_ttnr *This schedule is estimated and is subject to change. Windsor Woods, Princess Anne Plaza, & The Lakes Other Projects Anticipated Schedule* fiii.,,, Preliminary Invitation to Construction Construction Engineering Design Bid Start Complete . • Schedules have not changed �•( I ) : I' A El ' ,.11 X lirl 1. Club House Road 100% 100% 100% 100% 100% 2. Windsor Woods Tide Gate 100% 100% 100% 100% Early 202511 3. South Plaza Trail & Presidential Blvd Drainage 100% 100% 100% Early 2023 Mid 2025 Improvements 4. Old Forge Rd & Red Lion Rd Drainage Improvements 100% 100% Dec 2022 Mid 2023 Early 202 5. Bow Creek Stormwater Park—Section I 100% 95% Early 2023 Mid 2023 Late 2026 Bow Creek Stormwater Park—Section II 100% Mid 2023 Early 2026 Mid 2026 Mid 2030` VB I RippleEffert *This schedule is estimated and is subject to change. Windsor Woods, Princess Anne Plaza, & The Lakes Estimated Cost Increases , ,,,,,, Projects Phase Increase/ Amount Decrease 1. Windsor Woods Pump Station Increase $44.9 M 2. Windsor Woods Flood Barriers Decrease ($800 K) 3. Windsor Woods Thalia Creek/Lake Trashmore Improvements Decrease ($1.9 M) 4. PAP North London Bridge Creek Tide Gate, Pump Station & Barriers Bridging Docs Increase $87.6 M 5. The Lakes Holland Road Gate Increase $19.1 M 6. The Lakes Flood Barriers Increase $13.3 M 7. The Lakes South London Bridge Creek Channels & Gate Increase $16.9 M 8. Club House Road Complete Decrease ($1.2 M) 9. Windsor Woods Tide Gate Construction Increase $3.5 M I 10. South Plaza Trail & Presidential Blvd Drainage Improvements Construction Increase $2.9 M P re- 11. Old Forge Rd & Red Lion Rd Drainage Improvements Increase $3.8 M Construction 12. Bow Creek Stormwater Park—Section I Final Design Increase $17.4 M Total Increase $205.5 M 74% I theRippteEffect ••,„.,x. 47 Windsor Woods, Princess Anne Plaza, & The Lakes Estimated Cost Increases ' 111WY • Cost Increase Attributed to: - Majority is due to the elevated cost of concrete, steel, and associated labor. - This project includes a significant amount of reinforced concrete and steel for the Pump Station Structures, Tide Gate Structures, Flood Barriers and Channel Improvements - Estimated cost of reinforced concrete pipe has more than doubled - Scope Refinement AB I L;). koRippleEffect „ , ., ..„ '''. _................ 4 Southern Rivers �1, r 1 1 Watershed 777 L , , • r .,., .. • i .- =.,.,...,-1 ....,.., , ..4,0„.., .,.:,,,, 4 i i...• , .,,:. `* ail i t �, v -,a , �� 4x 1 t illk, . ,� n �s . 3 PROJECTS T • ,. � �:, .. . ., ,' i .P, , -•r y_ A. r• i'. y •k. _�. 44. -ii '�♦ ^• 4 a. '' '• Air St , ,-- ..,., .\•.-. ,. ., --(::-...,--,-1..,:,'•-$4, f.-t..7, ' .) ! r • . ..,,:. yid ..? .\ _ ... :=i± .i.,-- ..• ,,,f: „.,,,___,5,7"-",.. .,,.' -„, 4 .,•”'j, _, ,,,: q_.`:,,/......t.-.;4,7 ...;,2'4 ,7.,,,...tiiii-:-.,tr..„;:'.141;ji:7,,,,-2-. ....', ....,:77...H., ..V., j • ;"` . .. Oe'r .;, -. ,' \ .; If', ‘ % ' 7-17%4Aillz• .- 'r A.,---..1• 4.ci;,iliciit.:".'ir . '11.P,'7., ' .-- '•%; r";:e1' Ir1"74c '..4.171V:',. '‘. 4'.."( it.' *:....11.4.. 1 4* ..:4 '' 'f'4. ..0 t Zr: .' .''.1.'.'.1r r"f. ..".: ': . 'NI.' ' . S:°"'7 . .4-'.'..,..;•.:k . ..'k's '' .,--c-L....,4,-14 .. Sk Ak. „�.*" .• .. . �! i l- _,- ..k^.w�. ... MY. 1 g.• 4 -1.,, .` +�.• ''''' it • i, ..„-F+t... •!',r{.� 7 \13 theRippleEffect ,r-. -�� - y -i _ .. ''_ ,ter'- -:* ,',-1.. c7;• r...,-,U..• ;,--"kcos ,, , ' . --- '•,-„..,,. ,..4;•,,- .--7-•,..•:,, • -"Ai,/.,, •,,,P.• ''':.. jt:- : , -1....,-(4 _-, *s,r,-.:::•9 r,;.. .1, I .,......-, .,•-•,. ......t., ''' • ...,..--..-, „s......4,.....u., .• jil.61.;..'el`. . "Jr..1. .,oe'rNi,- - --v. : +44 i...pl.N.....--WIN....,....... ....,!: 1 I:1 *.—Fr-. .. . A lit . . _A.:.:-. :. 4..1.........,,k. ,r,....•0 t, lk... pc, , ,,...... -,, ,._ , fo....*.-;;Fi-, • • „4....11,....:;,....;:„.„,,,..,,,,: ''•4_ 400. .,-A _1:014 '_•''''. *:..5.......1. • ''''...... T....j..'".. „,..... : 'rttillkill. -+►+.-- '` e1",r•..it ' !1" •o' 11►., j'*''rP-� �. .' ,, 1 -... 4. .'-' w r /r- +.. %, L-.0. .. -. fir^'. . ✓t�._. _ .3.. ' '•. •1, 14 4 ., • , 4.• 4,.� 4r2:►.. .�/iAk - �.i. Southern Rivers Watershed Location Map .:::......9 . . . _ - .-..„, , --7.— - a" , . t..1 4 . .- . .... ---, - --N, .''''-- .kw'''''Vr-'- ''. - 4 ' ..,.,-16..., _ . ...,,, , - - .,.., ., ,-..„. loW.e..,..st Neck .::_icilic.- - .1..%.„„,y''' '... ,...1,,,....ft-. • ..,.&., .\__,, ,., ..,., .„...,,,,,, .. .., i .,. . ..... ...._._ _ .. ''' .• .....7-1.117144; ''.1.141 ''''z'*:'''. '-' • • . . .._ — .,•- -.-- . •••••--... - '-#'11- • '.4.- '''. lirgliglir z-ji -4,0111",' Creek Bridge •,...., , Ow Ple•... ... . - - ... - - .... . .. . Sandbridge Road/ ..,... . .i.ii .• .• .• _ . • • .. New Bridge Road ; ., , :411. ' .1)— ,it illt. 'Z'''''',. '''''"lit, 11" A..- .....---"` - Intersection4 • r-- NI .. '' ' ,iiiiiiiiiimii. 41411111C110 '''46',71Pr ....lig . . "... I/ 111/r . •, . Improvements e .. .:.......... - .--,. . •,., • so Ilaillbtir ... • g. lai Nosicak•- - - - Ad I!,,..,i-':-/ .- .411-.3.-r , .... ...L... - . . „. •- iv.-',1477'!,.-n ''' ..:: ..,. . •. . 414/6004, . .. .....• i s, 4111""' . r 110 .,..f„ ...yaw 411. ' ., likilrar44. .. i .. . * :*3'.1: ' ..*:.:' ', A... • ... • ,. ,..., , . ... n .. . .... .• , -? '. -.ta. A kr ' ,..., ',Mr , i'., • 1 i :4‘.14r: : ' a Li. Prtnui.•, -...0 .. . .,. ... . . ,•„001111,'• ...., . I', . ..,. _ . . . . ,, . .. ,...,.. • _. . .,.... , .. IX"' •- • , „ lb. *- i/ , / • . . . • ,N1‘. • ' . v 7'.. .. ..',....,r144 ,, Appw.— r. r . , .„, . , . . . I - ,.. . ..,,, •.. ''A . ••7` . ' • .,.,. , ,- ..... , „. Pungo Ferry Road 7,, „,.409,,,!':,,,.. .,.'40 , (a 4" .. . •-• .,. ..., . i .,.„-t ',,.. . d ." - .*..4....1..X.. n.o.....4 6.4'4.-,.• ,A-' ......,.-..'.. ,.....:Im...„,,..p.,r.o1.14.,v,. e,p mp' e' kn, mt OsK----"---'m— .., , , ' ,,,-..• --V--.•.,,.'.W..,. ,.•..,,„„... ........ • , '•, 7 '..-4.01,,'1''.•, .. - 4 ' . 9 . 7 . C -' t,•, ... .. , „. ., .... . ,..,.. ,... lop Southern Rivers Watershed Project Scope „orM -Y 1. West Neck Creek Bridge - Series of in-water moveable gates - Earthen levees to tie into West Neck Road - Gate house and pump station 44. 2. Sandbridge/New Bridge Intersection Improvements p - Raise the intersection of Sandbridge Road and New Bridge Road Add a large box culvert under New Bridge Road t . y � for water to pass to Ashville Bridge Creek 3. Pungo Ferry Road Improvements - Raise Pungo Ferry Road from Blackwater Road to the west side of the Pungo Ferry Road Bridge approach, approximately 2 miles Southern Rivers Watershed Anticipated Schedule* c.; Preliminary Invitation to Construction Construction Engineering Design Bid Start Complete nri r-'). ) filivil A nill 0 1. Sandbridge/New Bridge Intersection Improvements 100% Underway Early 2027 Mid 2027 Late 2029 2. Pungo Ferry Road Improvements Early 2023 Late 2023 Early 2027 Mid 2027 Late 2030 • Sandbridge/New Bridge Intersection Improvements - Schedule has not changed • Pungo Ferry Road Improvements - Construction Duration Reduced Ij RippleEffc\rt *This schedule is estimated and is subject to change. Southern Rivers Watershed Design-Build Project Anticipated Schedule* (:.;...., :/ Bridging RFQ Design-Builder Construction Construction Documents Advertisement Selected Start Complete ' 1 RFD •A Oz im *A ("AM Po) 3. West Neck Creek Bridge Early 2025 Late 2025 Late 2026 Late 2028 Late 2032 • Procurement completed for Design Engineer Professional Services and Owner's Representative • Preliminary Engineering to begin in Early 2023 I6- RippleEffect *This schedule is estimated and is subject to change. Southern Rivers Watershed Estimated Cost Increases Projects Phase Increase/ Amount Decrease 1. Sandbridge/New Bridge Intersection Improvements Design TBD TBD 2. Pungo Ferry Road Improvements Planning Increase $7.5 M 3. West Neck Creek Bridge Planning TBD TBD Total $7.5 M 8% • Cost Increase Attributed to: — Scope Refinement IL>t heRippleEffect 49 . . ; • • . "1 - — .,... ,. . . 4.--,4o,L • :4 • . fa ' a - . •, Ali,,,,,. ..e. . ...). .. N, . .4.,.,'lilt.V,ll k n - ', ,.0,.... , di ' , _9t. "'• .;...., . ..,t11 , -ttlt sif .....4- , . - - ' 11111M --.' , ‘-.qv, ''.• - ..i.,,,-- 11 . h, •• , . .11-• a .-40) 4 - —...., IL"OA" • • A... , .• ii• .Mgr . • .' ' •''.a.':-. -- ' -'.kkeP t" . ; 'di *''.".'' 4 ' 'r'•-. '-"9 ' 31(.6 . t i , 'it'd ...., • ,,, , • ,.. . ... i , .,..4-' . -. - ..,,, Ne,...-..",:'... • •i• . ik, i •-. , if ig, .1„. -f'',,t,.•',,•...,.. 're1/4-•. , , •A- .44' •-• :•• , -' 611111111111111 ' &- 11,.'toi ' ••er N. -- • - ••, t.,,, 414,,..., '• ,,, '.''*'11 4'et-,1. ' .• . , 1 ) ..a•., *.,.'r:.,,-,1 ilf 7.,e,'e t\;•i•,t •P1'" 'V',4,4%';-...l,..,.,.,1,,d.r,.,,,a'1‘l.,c_•.,, i'11.6 l'N.•,„14 4.,,.. ,,•.--i.....r.f,"4-4g,i i_,4''t,'4',41'..' • \1 I 1 • .- . I I1 / kie,,t Z ' i III III im mu1111111La ke Bradfor d! 1 Chubb Lake „ ,,,,,k.• . .....„._ . . -.1 ,- - f • .. ,. ...,,..,,., -,... -, . ...,A '.. ,, *--1, - •., . 1 4 .4,, P- I 4, . ....- - . '4-4:• , ' 1 ., 1' ...... ...... ..,...- . ,..i[ -- _... __... ,..,- IIIMIII1111111.111111111-- 4 PROJECTS tr . , . , .. _, - .......... ...... _ • . . _ _ ----- . ,,,...r.:. .......... , - im- " Iii ; add".„. 1 ; . ,. . . ,..... .. „ ., , A. .4,1,,,, .. .„. . . _ . _ _ ....... ... ...._...._ ._ .. ......4.. .... • . J„ . i • A .,."'' i .- ,„ ..... it A ) r,/ ....... '1, -9/ •.'" ; .7.2• .-g-..it _...ii.„.:14,H11:4...mr....... . .;„_ ',.. ,. . h .* .I, ' 1 i '; . II .• r . f ip • - -Z"ort, .0 .i,/Pk , ' 1 io "'",•-„, .V„,',•- ,,, .,‘.: ,,..„' .,,, ...h.....-."... ,,,,. ... z " ..... .... .44. .., 'II % ' : ili ...ei dm a i.,15.". • ' ,...111 'h.: ..311:1„......A...". ..„...11111"., ",0.1/I •":'N.''.'.=%,'A k-,- ,....-_ - * / .§. ... •- e 4 f , '' - Arril •'.1.. .!..- i.,... ..., .... , , theRippleEffect NIE , 04ri., ) ,• ' 47 .-- V -•:"-i".17.„.: • - ' _., , .., , ilk ''Y t 1:• , 1 • 1 • - :r ,r c 1;. '., c 4' ..,..- Or - .1 fro- '''' y. • .• , • 1 ... , ,,,. • f • V1',....• ,, 41 .0.-. .... 'it. i i \ 4 ‘.'; I'+' '',' . - #i'''.. "gair .•" . -'. ' " ' t ...',. -4r. ir si a .„ /'• ,...-:, • .1 N , •.,1' •. . ii'L. ty ! 0:41ilia I. , '.: • 1 u. p. .. •1 itr f. ..L.. ; ,., ..1Ip% A V., E,04, 'Putiill, • ,.. -4; :., •I - t :i r • , • . , ,, ,... -• .•iii7/, .,' ". • . 4 , 4, . ;'' ' , . 0".,... t4 -. ?,(0. .. _ . , ."1.1. 'a . • a . lake Bradford/Chubb Lake -.4.0.0... Location Map ��r�- _ � �-y. JEaLC�- Rodriguez / Lake Pleas - ••,, Liki40- le- clagilw" f . Pump Station and Outfall � i� Rangr• ape House Outfall 471 .1111.. r - Z _ • r +it +.314,• •• rII � _ � r t .._.-•.,. f CHIC S BEACH 01111111~ R NA .4.,�- ... .. -.C _ r• 1 Q.,Z • 7- .� ; , ..,� '�aG ,. - fir+ ��` � � ivria.�r .«. _. „,....+ r..' "'�_t•... .^r.�r. �':-:.-!..,,I, ,.�„ �� � ` .. ;�, .,..w� �Y , .Isi^' •a �"`'^._+�„��R�•�� -,y,?,«wai ,��• '+ 4 �'�'+ �,K !" y0 ".6 f7W �r_� - t µ • "" a ;lake :radford Dredging . J i. — • ' •,` .r•. i.: 476.' . 1 ' ' ./ ! .,...111".:-.01C.-.4 .f"w ii".•-* V „ . .tr..'•--•2,',' i""'`., iilkti,.b-''I'._*.....),,.al.it...,---'i. e t : � ' �� .. '�! � y�� �y_�- „`tom .. •� 1 t'1°'a•` . -*• ....+�ii►ai + Y)- -i y _'."* 41 . x , f v ,, _ - Church Point/ r' i .: ,._ , '� �. -`' Thoroughgood BMP& ., ■ Ki . �V,rg, ,.,r 1t. �.� ` �► ^�:` , ^►" • M �. , ,r,� 1 n a geImprovements � � ��tl. g '�� Cara' y • • _ .;� i 4. ' '' _ BayvillP`F arms.. . 1in►Stt .. .- . t, '„4,,.. ' ' �4's. 't '• '** -,.. R �' e\CO R i .. ;S./fir .. - r. . Are a 1_ „ 0►SC ol`Courr,�� , ..w 11 ,�i' • r i 1 , . �P�'1 a - .� • �I �ti1_� •^ . .dr .l _ - ° f Jam ',^ C,Oco�L.. .� . „, -i -Coli 41tri--'40.' .-... .:- 'tr.-. -• 0. C t •♦ .� a ,� 1 �' „� � ° ,, N�rthamPtor gcsu � ,rlHoak,ln Hook' ."�' ?Prat,ort Centerti r *tom Firs -1• -' first Ct Rd•..Fir_ i s ,, ,.4` . Fria Ctr° FrtCI�llr���� z ,r ~ ;ems - i '. . x 4: -(,.�ll.1,h r Cfill ulj lake Bradford/Chubb Lake ,...4.06,..... Project Scope ""t''A'�`" 1. Lake Pleasure House Outfall New storm pipes from Lake Pleasure House to the existing - M stormwater pump station , �- �", ,�, ,, �;4� , 2. Lake Bradford Dredging . .� � - • :,- > ,ti - Dredging 2 ditches that outfall to Lake Bradford `Y '. 3. Church Point Thorou h ood BMP and '' k Drainage Improvements .. r. '-,''`14 ,, .rx Stormwater Wet Pond, Culvert improvements, ° ,• .,}03-R Stormwater Structures and pipe - ` '+ , 4. Lake Bradford / Chubb Lake '" CIP: 7-053.002' 10229) ...,- Pump Station & Outfall 'ENGINEER:Rummell,Klepper,Kahl,LLP p CONTRACTOR:Conquest USA,Inc. Stormwater pump station with a direct outfall to the FOR INFORMATION:www,vbgov.com or 757-385-413" ' Chesapeake Bay , Tide gate located at the upstream end of the existing "" ' ,. '+ outfall channel 0�theRippleEffect lake Bradford/Chubb lake .......". Anticipated Schedule* �"o'' '`' Preliminary Invitation to Construction Construction Engineering Design Bid Start Complete • A Mill1.T,, :'Xa lilir 1. Lake Pleasure House Outfall 100% 100% 100% 100% Early 2023 2. Lake Bradford Dredging 100% 100% 100% Dec 2022 Late 2023 3. Church Point/Thoroughgood BMP and Drainage 100% Mid 2024 Early 2028 Mid 2028 Mid 2031 Improvements • Schedules have not changed W. I )' RippleEffert *This schedule is estimated and is subject to change. lake Bradford/Chubb lake ...4.0........, Design-Build Project Anticipated Schedule* `„ Bridging RFQ Design-Builder Construction Construction Documents Advertisement Selected Start Complete RFQ ( -; ;:;SSS)• (. :1)0 AO- rifAi 4. Lake Bradford/ Pump Station & Outfall Early 2023 Late 2023 Late 2024 Early 2027 Early 2030 • Schedule has not changed I �t I ipRippleEffect *This schedule is estimated and is subject to change. lake Bradford/Chubb lake Estimated Cost Increases "'"'"' "'"— Projects Phase Increase/ Amount Decrease 1. Lake Pleasure House Outfall Construction TBD TBD 2. Lake Bradford Dredging Construction TBD TBD 3. Lake Bradford/ Pump Station & Outfall Planning Increase $24.2 M 4. Church Point/Thoroughgood BMP and Drainage Planning Increase $8.0 M Improvements Total $32.2 M 27% • Cost Increase Attributed to: Project Costs for Lake Bradford / Pump Station & Outfall and Church Point/Thoroughgood BMP and Drainage Improvements were updated based on the Final Preliminary Engineering Report • Applied for Grant from FEMA for Building Resilient Infrastructure and Communities (BRIC): $35.0 M I �' AtippleEffect —....mtr ___------ dill!ii. Central Resort District .., 1 ..... ---:— _____, ry� r `_' ��•'i •�"�'�Isk3� �c F�fi a 1 b�.�.Smi'w fir. t .�Ii1�•11 � � f � `3 PROJECTS , i in — _ it r 4 � ,i ey�(y,•.a;Y. .,iw�,' 4 iItt III N ...,"yrge�.h. �7r+ t gy a _.",,,....-11..., . ..... igglik . . ‘11i3 ' - ,,theRipp1eEffect •:a, 2 Y .w rwr n•.•r.�a� wi ir.rye.r. - - ... .ti Central Resort DistrictAti, Location Map + ' ....-. . —•41* Sr--*- % ,. fix• -• . , """.. Central Resort • ,. .,. nc rai age -- .,Dist ' t D 'n - • -- .. :.-. ,-.., . .'- , 14 • , improvements �., a it7, ' -i - 1.'4,44. . . f...34 • .0„.1 „ ai., it, ,, ... ft.. . • ..„;04 . J'•, « �, ' « A '� •' r .•• .. w AIM•_;. .. . sue .•:, • • ``_ .,r r,, _ .,�, .,,,,,,,,,,,Ir..... .. seaW 24th Street Culvert '",�, �'�,; } +* r rL� �M felkillafi'� sein.�' � y.,. 24 t� ii. a ''L •*'` f 1• is „M ► ,.. Hwy p ti �► S r � ' • :. r -• i' ,. ,1 2 st r r a,* �P"` a. r•'• 1. .,, ,01 SA 4..•r .' , ' . , �.:_, fi •, ,,. - -�tr Street& Baltic '21st ' ''1r,',: , I . . W,i i,)ir,h.•,,2 0 4,.Z...,,4,,„,e,.„1..4$,.,l--i kke.,,,.', enue - �.� ,4. .r . . _ +�► _ �t Drain ge .Besc,h. d •.04;4•Nc...oir...,L- •i —,,iitg.:. .. T Av ` —• k 4 llik i.....2 70:: -ram+ . , •. .. 4 II ' `1,. , moo, • 'e' +y " ^Y' Yw" .. t.r..•+ • . 1+w J • r • , a ram.. "�•../+1.- • ♦ �t �. ," t ir,,,,k,i"..i=o,,, Ilk pa`. IAA rt_.-"•��l� � AtA" 10 ~Y' .M ,* r!' . . 1 ., 416,n101.re It .I (}��, p� rW y� tasio ''a. A' ' ' ' -• * 'i ."."11, tft'' .,, 7 '. , r 040•II .• Aft . ,�1.21:,„ • 9',r_ + : M 11' �� ° ,, , MOM y' `""!7 �4:: *�� • • �_fit. Iil Ars- ..- _ ..........„. i - Central Resort District • ...- ,jo. `. • Design-Build Project Scope 4. 1. 21st & Baltic Drainage Improvements : „; - Redirect stormwater north or west with ' ._. i a small pump station - 2. 24th Street Culvert - Replace small pipe with a multi-barrel box culvert '- if� �. °' ,,+?._. ,, ,. - Improve conveyance at Old Virginia Beach Road and Parks Avenue - ...,_ _. ... .. 'er i •Pf' -1; - 4„.Y 1,a ,. ,. .,,,,,i, ,A .J1 ,,,' . -. 4- . -.7*-:,.. „,, - 44, 3. Central Resort District Drainage Improvements 2` „„, ` ~/ 'fi r ,. C '`` ;� wf --^, g i • � Includes new stormwater pipes, tide gate, pump station, storage, ._�r� _ ,. • , and ocean outfall -, ' • likk ...*y 1 ..,{•to-. - T 41WillediLiff ir t '. 1 f 1 ', i %_I \ '.' , .41!_ i4 4 ,..1 IIt theRippleEffect '� - ' 4 Central Resort District Design-Build Project Anticipated Schedule* 'TA. Bridging RFQ Design-Builder Construction Construction Documents Advertisement Selected Start Complete R F0 • (-4-�' Alkk Will 1. 21st & Baltic Drainage Improvements 011010 2. 24th Street Culvert Early 2025 Mid 2025 Mid 2026 Mid 2028 Late 2032 3. Central Resort District Drainage Improvements • Schedule has not changed • Procurement completed for Design Engineer Professional Services and Owner's Representative • Preliminary Engineering to begin in Early 2023 1/113 I 010. RippleEffect *This schedule is estimated and is subject to change. Central Resort District Estimated Cost Increases Projects Phase Increase/ Amount Decrease 1. 21st & Baltic Drainage Improvements TBD TBD 2. 24th Street Culvert Planning TBD TBD 3. Central Resort District Drainage Improvements TBD TBD Total TBD 0% • Project Cost Estimates will be updated when Preliminary Engineering Report is Completed • An Increase is Anticipated Based on the Following: - Original Estimate was based on the old Stormwater Design Standards and 2017 dollars Labor and Material Costs will be updated to Latest Market Conditions W •••••• I . , , RippleEffect Flood Prevention Bond Referendum Oversight Board Jeff Waller, PE, Chairman of the Board Thank You Leisha Pica, PE Toni Utterback, PE 7,Jaco S Rei ChanvellengiMnging today.tomorrow. in g f CI 17 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 ITEM#73597 3:04 P.M. Mayor Dyer welcomed Letitia Shelton,Director—Finance,Kevin Kielbasa,Principal Accountant-Finance and Logan Booth—Cherry Bekaert Advisory LLC. Mr. Booth expressed his appreciation to City Council for their continued support: —m• AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 December 13,2022 AGENDA • Annual Comprehensive Financial Report (ACFR) • Cherry Bekaert Presentation • FY 2022 Audited Financial Statements • Long-term Debt—annual required payments AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE S°211214.1111111 December 13, 2022 18 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 ITEM#73597 (Continued) City of Virginia Beach Audit Executive Summary December 13,2022 `g%Cherry Bekaert Client Service Team City Council Laura Harden Engagement Director Rob Churchman Logan Booth John Beauchamp Second Partner Reviewer Senior Manager Se-vor Steve Siegel Firm Technical Director • 4 t December 13, 2022 19 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30,2022 ITEM#73597 (Continued) Here is the Agenda for today's presentation: N Agenda ► Results of the Audit . , _:, ► Significant Audit Matters ‘ ► Internal Controls t . '40 ,,.0"' ► Corrected and Uncorrected Misstatements `'..=�_ . ► Required Communications • ► Other Matters ���. ► Reporting Changes ____-____-_____-- / •/ I I . a A • ♦ ♦ 6 ... / / / B a • ♦ The next several slides provide the Results of the Audit: Results of the Audit - Financial Statements We have audited the financial statements of the City of Virginia Beach(the"City"),as Communicate of and for the year ended June Express 30,2022,and we have issued Opinion our report thereon dated December 12,2022. We have issued an unmodified 0 opinion on the financial statements. e •. December 13, 2022 b 0 g O g 6 n O * T�'}� o D o c 8 * 5 c //� T b N �'m N 3n( nDm mm aHm V/ /V UIL � rio i o 5.3 n) f.m m e'"FA .Q oFtl T m 0'. ( 0 m o i 3 m �.o 3 m C)0 V. <>0) v2 5 m 3 �B 7 N mNmFD - s 0 2aFy m Um aam N -, (73 3 O O N O O n 0 N N O O ; Q O , N Q O ^} o o -IL 7 y. m F cn m c�i o m = (D c 4 .o m � � a CI 1 I 10 0 13 1 nyOc 0 ozr. GI `- e ,...„, � N � N Q = N D � � o o Q = b d CO h C bif ► I1 w I, I, - 1 k W w ` A � O •Av` ,v 21 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 ITEM#73597 (Continued) There were no Corrected and Uncorrected Misstatements noted: Corrected and Uncorrected Misstatements ..................................................................................................................................................................... Profstsioaf standards'require us to accumulate all`m ss identified during the audit,other than t ose fat are clear�r'trivial,and communicate ttte -fM eppropriate ievoal'of dement. . ; • Corrected Misstatements = Uncorrected Misstatements ►tdone; ::_-_ __._ -_ _ , -►None noted. + `tt�t} T.T.+ r' •} } :T#+r:=t •=-4.t:: + :.�.•t T I'._' i; tTt f=+•r+: _,•.;?=.:r;;r.�• }}4=.,•t•: �;;,::it•,i.•s;•',-•.;#',•. ;.•; •_ •m•�i+=• •�=_ + .- } +i :_R'�'�:+'+'�.s T r+-_:;•:Ir'}-} T.T-t——_—•`-' [+yt.i : '.'•,_•.:�!_+*:i=L.}�_�-'�-!'•:=__;+_:•i'�•i•s;•:•:�-::+:+'— ++r.-.++T,�!..�,+++ •— .:,=_,T,T• :. •4Ag ...T - +'=_em s, -_,. ,: '+_+T }.-.: }t.+.�.}tf:t tT.T:t= - .-..-:....+ _.: +'?`:t+- r=- }_.v- -- -+++.. - - ,.;_+_'...,..� _r+Hitti -r �r - ti�tt,T.:+apt,,:ltst_t�t tit t�-t-:•fit-:-- •• T;-.,�.t+:..E�,t�tT _ U.. :,,, T.T.+. - + t.T.t,,.i't t�t+tij.tl:�..�.> � t..2,1• _,.�.,�,++ 9 The next several slides provide an overview of Qualitative Aspects of Accounting Practices: Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. Related Party Significant As described in Note 1,the City adopted accounting Relationships Unusual policies related to its accounting for leases by and Transactions Transactions adopting GASB Statement No.87,Leases,effective July 1,2021. _Q = Significant Financial Estimates Statement Disclosures ,o d December 13, 2022 22 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 ITEM#73597 (Continued) Qualitative Aspects of Accounting Practices As part of our audit, we evaluated the City's identification of,accounting for,and disclosure of the City's relationships and transactions with related parties as required by professional standards. Related Party Significant We noted none of the following: Relationships Unusual • Related parties or related party relationships or and Transactions TransaGUOn transactions that were previously undisclosed to us; • Significant related party transactions that hay"e not -6I been approved in accordance with the City's =B policies or procedures or for which exceptions to the —' City's policies or procedures were granted; I • Significant related party transactions that appeared + to lack a business purpose; • Noncompliance with applicable laws or regulations Significant Financial prohibiting or restricting specific types of related Estimates • Statement, party transactions; - Disclosures • Difficulties in identifying the party that ultimately - - controls the entity. - Qualitative Aspects of Accounting Practices We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All ,.` significant transactions have been recognized in the financial statements in the proper period. Related Party Significant Relationships and-' Unusual For purposes of this letter, professional Transactions = Transactions standards define significant unusual transactions as transactions that are outside the normal course of business for the City or that otherwise appear to be unusual due to their timing,size or nature. We noted no significant unusual transactions during our audit. , Significant Financial Estimates Statement Disclosures 12 December 13, 2022 23 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED DUNE 30, 2022 ITEM#73597 (Continued) Qualitative Aspects of Accounting Practices Accounting estimates are an integral part of the - financial statements prepared by management and are based on management's knowledge and experience about past and current events Re and assumptions about future events. Certain Relationships a accounting estimates are particularly sensitive Transactions because of their significance to the financial statements and because of the possibility that future events affecting them may differ =B significantly from those expected. The most =Q sensitive estimates affecting the financial ET statements were: • Allowance for doubtful accounts on taxes Significant Financial receivable Estimates Statement - • Capital assets depreciable lives • Actuarially computed pension and OPEB Disclosures assets and liabilities • Risk management claims liabilities Qualitative Aspects of Accounting Practices The financial statement disclosures are neutral, "elated Party consistent,and clear. etationships a Transactions Significant Financial Estimates Statement Disclosures 14 December 13, 2022 24 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 ITEM#73597 (Continued) Here are the Independence Considerations: Independence Considerations .................................................................. Nonattest Services Independence Conclusion f ► Complete the appropriate section of and sign the We are not ab10Te of any other circumstances Data Collection Form • _ or relate hlp5 that create threats to auditor ►For all nonattest services we perform,you are responsible ^: independence. for designating a competent employee to oversee the We are independent of the City and have met services,make any maragernent decisions,perform any �-�: ▪�,-; cur other ethical responsibilities in accordance management functions related to the services,evaluate *`' ▪ _lthe adequacy of the services, and accept overall :'with the t, nt ethical requirements relating g.i to our atadits. responsibility for the results of the services i�! •.+; ,s+s _ ++ _ ,- .....:.. ........+.=..tom. — •• +— — ,•-.t� _ ..�•t-_-.-�..t—�...s...,,:—.•-�+_•.•!-1,1+:•e=�-- z:-�+:-.-t;T+1-�!•:.;.,: xt_t�_t�t t#t 11- —-- tl'i,--- ----- ............................. - :+•r�� �•:.,�.;+:=:;+�'��'+*�'.•+:+:+++ems+�=_�s'••�:•�:++_+<_�;•:+:++:�,: •++•t-+++++ —T•�z-�.. :-�s'•�'�'�:�•_��;y'••_��:;�.��_t::_ =:-4ti:.. T,•s- :;:-$11:. +".' _-*1-X:_fi-0_,.=.:Ttik:4�' j•: t`t i t i t i t t t:+•- _ti#1-....Tt,:i- - :.'"rITT..r,m. 16 ;ar Other Required Communications Difficulties Disagreements Auditor Management Encountered with Management Consultations Representations We encountered no Includes We noted no matters significant difficulties in disagreements on a that are difficult or We have requested dealing with financial accounting, contentious for which certain management in reporting,or auditing the auditor consulted representations from performing and matter,whether or not outside the management that are completing our audit. resolved to our engagement team. included in the satisfaction,that could management be significant to the representation letter financial statements or dated the date of our the auditor's report. - audit report. • We are pleased to report that no such disagreements arose during the course of our audit. C: 1e December 13, 2022 25 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 ITEM#73597 (Continued) Other Required Communications Management Other Findings or Fraud and Illegal Going Concern Consultations Issues Acts In some cases, We generally discuss As of the date of this No events or management may a variety of matters, presentation no fraud, conditions noted that decide to consult with including the illegal acts,or indicate substantial other accountants s application of violations of laws and doubt about the entity's about auditing and accounting principles regulations noted. ability to continue as a accounting matters, and auditing going concern. similar to obtaining a standards,with "second opinion"on management each certain situations. year. . To our knowledge, These discussions there were no such occurred in the normal consultations with other course of our accountants. professional relationship and our • responses were not a condition to our retention. 17 Other Matters Required Supplementary Information • With respect to the management's discussion and analysis and required supplementary information,as listed in the table of contents,accompanying the financial statements,we have applied certain limited procedures to the required supplementary information in accordance with generally accepted auditing standards,which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries,the basic financial statements,and other knowledge we obtained during our audit of the basic financial statements.We do not express an opinion or provide any assurance on the information. 18 a° December 13, 2022 26 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED DUNE 30, 2022 ITEM#73597 (Continued) Other Matters Other Supplementary Informat'on With respect to the other supplementary information,as listed in the table of contents, and the Schedule of Expenditures of Federal Awards("SEFA")accompanying the financial statements,we have applied certain additional procedures,including comparing and reconciling such information directly to the underlying accounting or other records used to prepare the basic financial statements themselves,and other additional procedures in accordance with generally accepted auditing standards ("GAAS").In our opinion the Other Supplementary Information and the SEFA are fairly stated,in all material respects,in relation to the financial statements as a whole. .71 Other Matters Other Information Our opinion on the basic financial statements does not cover the Introductory and Statistical sections,as listed in the table of contents,of the Annual Comprehensive Financial Report.and we do not express an opinion or any form of assurance thereon. 20 �r December 13, 2022 27 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 ITEM#73597 (Continued) Here are Upcoming Financial Reporting Changes: Upcoming Financial Reporting Changes GASB Statement These standards will be effective for the No.96- City in the upcoming years and may Subscription Based have a significant impact on the Information Company's financial reporting. Technology Arrangements We would be hap py to discuss with management the potential impacts on =Q the City's financial statements and how =3 we may be able to assist in the implementation efforts. GASB Statement No.101- Compensated Absences 21 Mr. Booth turned the presentation over to Mr. Kielbasa. sr.. .•ids'r•s ri'i•sus si.r .• ;a,. 'I's•rr--i' z,.,.T ... r 'r +Ti'i•�•F-F ▪t'r i-�- -I-.& ...,. �" "m�'�'-t T-3•.�:1t�lf+rl•�'•T'`iT -�r•r��,s}•:+-�-y.,a.:.s--r�...i.a-ti•+'++•s• xi-s•�-�i•+ ` I_:_; _.r.t.� 11 ....it.f t,Y :1�}t_•_. :� : .,.�.,! .,.�._k.�l+;,,.ftr.,._,•._n.TIT.z, ,•TT.-T �,r:••r::•!•}+:+±+;,+r,.:�,•.,s;•+�'•�:+�':'T r!':.�+:r� -r'��:`s-_��T=•Y:;y!T.�::'#;;* ••1='.'su''�.+�'�:'•�!'r:-r✓:t:y:-:. .•.-•• _i'`•;•i'''I q r 1 z5�t 1,1 Tl t�T=-r'=:;:T!i-:t:yam:fir: }:i '- ^ �_-.: : z Contacts '-r• ,.:�,__,.,.t..,:. ii:,,:=,ii•,..fit_:7_�ilr••:} _=>:•'hr'}'.=;-:•trs•:•:�i-:•:•i�•.;-.;..T:= •- - ,�r Ty•:�- + = sT_-.-4::a:7.. ,.Ir:} ,,..I35' f! i: �•�:} _ Tt,T.I,T.i : T Laura Harden,CPA. j. :•;:I*,1,-''-1••• r i i r�:t-:�1;:;;� ::�TY.;s'_ Audit Director +ram' :> ;=r r;;▪ 1• :• ;,:3:}.::+.3.,.=s�l�ti1;#_I'.ir:rri�-. =i�.+Y,'+:=:;:L:T,}t_._lrlt+::+1':fir+=i=? ;` r.—.Tt.�.,ti�1+ ••: ; :.. r, lT r ,T - rt thiLaien cbltcorn • =Quest•0ns • 1 - } sI .s: w' , LoganBooth, }�a"rTz2-+-s•:r r-�' • • } CPA � 1 i` i,i :.., t , , i ,���:::T_.'''ice;r�:�'-i��:.•'��-�� Audit Senior Manager t , i_•t''- S i 1 ,.Trx as;;_T,T.rzys�Yt=.r+- �•,.��t�}��'T,•T:T's•.-=•,;�;..�_+r;....,,�..-- :=:•r:�.-.. — � LBoorhCa7cbh.cam 114 sT Tt;a•: :. ▪z a=_+T+:a:7 ;;.+r:a�.:?:: T ;•:-'r'.::s•q.•_.s__ _. -, r"!=;:_.., i r 1-rT'=ST-- -S= S 1 .. :::S.:y,:=,-�...Li'T-:•:-'-'-F� r....='v--.-r_'T•':.. ,..':.. .1.'•':.r��_'r ��,•yi-�: .1._itl;I r---•.-.,-s.,,:r.. ..--1;-,,.iy.,a.:.=s=.,.:._-r-T-,.:i•!-rl,-.,--�._,;.�-.r.:=��_,.rr W"-.•s:;�i-.�;-T;•y,•.-r.:-ti;•:;�•:-:+r=:;•�'�t-'ci•=:r,_. �•ice•-r'f�T' :xE;;=+��_ •}';!-�T�>n,"':;,':•�.:-...,. : :ti:T:fi;t.,+r.-•�T.•r--•;�--"T...-•t•-r T --:=,7:;.a.,_.r T : •r.-:-.+.:'$;'fi:r •!:.-!•:?'.i-+.T+', ?.;: + '`''r ____-' .__,_�,_..-:: .,..T,1 ..._..i_._. ,. ._':•:•.T^:.:_:.:-....::::.::ti.:.:..�T TT s_ f.�1'I'T:... :r `.,..,y?74 1 .. .'F.•Y:;-:"1'�'••F :'!-.s:i: .• r?:f:� ::'?s'{ _.T�"•�6�T.t:•.zTii•�:k�:i'::;^T?'.v^:.-^'.'=rSF�i-_:�T?i_:iss:ir+::�?•_•y�r.r.�-?;•�:•!-:•i::.•?;•:-::j':.=•_:.eT--�.•#T —sT'.=:—.'1i--:'�'r'F:tr•:t?� EF•T is r�- 1-,c.,^�--z--:=--y.7.a—n"•s-r.,:L-1"-'T Tr�.;.rr_...;.r,,.;.r;__.;.1i.,Y.?w^t:-:r_,r•,.}.?IiS' -__.ir.._;i;�.}�.;{:S,�r='-'r•:3,•�'rrr'=,•_�.T'�}r�T i;-�"�,i.,_;;_{',s>.T�T_.._ .:.:.: ...;. _ .,�•. +•...r.—s.yriTs.—>.._;r•4r. ,'— fiT.u,. ," s ___._—..._ s__., �i c�e....n .::..................:::.........}'rFi i:....•�:. -._._' ............................ rsr!dl� ._. •»:7 �. •i--- .,.�.o.r...P..w.>rwM'IRMM�M [YN�?rIM�M�C•F'-i :i+'i' -- ♦Cherry Bekaert a Decentber 13, 2022 28 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 ITEM#73597 (Continued) The Statement of Net Position for All City Funds is$15.2-Million: STATEMENT OF NET POSITION - ALL CITY FUNDS JUNE 30, 2022 (IN MILLIONS) Community Development City Schools Total Corporation Current Assets $ 1,573.4 $ 388.6 $ 1,962.0 S. 8.7 Capital Assets 4,849.3 564.5 5413.8 26.6 Total Assets 6.422.7 9531 _ 7.375.8 _. 35.3 Deferred Outflows of Resources 201.0 177.6 378.6 - Current Liabilities 387.9 137.9 525.8 1.2 Net Pension Liability 260.1 375.0 635.1 Net OPEB Liability 100.0 145.0 245.0 Other Long-Term Liabilities 1.394.4 33.8 1.428.2 18.9 Total Liabilities 2 142,4_ -_ 691.7 2.834.1 20.,1_ Deferred Inflows of Resources 315.8 351.8 667.6 Net Position Net Investment in Capital Assets 3,396.0 564.4 3.960.4 9.9 Restricted 108.2 33.4 141.6 Unrestricted 661.3 (510.6) 150.7 5.3 Total Net Position $ 4.165.5 S 87.2 S 4 252.7 $ - 15.2 AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JU The unassigned Fund Balance as ofJune 30, 2022, was$180.3-Million: GENERAL FUND BUDGET TO ACTUAL JUNE 30, 2022 (IN MILLIONS) %of BUDGET ACTUAL. VARIANCE Budget__ LOCAL $ 1,039.3 $ 1,099.7 $ 60.4 5.8% STATE 169.2 166.3 (2.9) (1.7%) • FEDERAL 28.6 27.7 (0.9) (3.1%) TOTAL REVENUES $ 1,237.2 _.$ 1,293.7 $ 56.6 4.6% CITY $ 838.8 $ 748.5 $ 90.3 10.8% CITY CAPITAL PROJECTS 117.7 117.7 - - SCHOOLS 411.1 390.0 21.1 5.1% SCHOOL RESERVE FUND 11.0 11.0 - 0.0% SCHOOLS CAPITAL PROJECTS 44.4 44.4 - - TOTAL EXPENDITURES $ 1.423.0 $ 1.311.6 $ 111.4 7.8% REVENUES OVER(UNDER) $ (185 8) S. (17.9) $ 166.1 FUND BALANCE-JULY 1 349.5 LESS_RESERVATIONS AND (151_4) APPROVED CARRYOVERS UNASSIGNED FUND BALANCE-JUNE 30 $ 18Q.3 * *13.53%of FY2023 Budgeted Revenues 24 AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JU , December 13, 2022 29 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 ITEM#73597 (Continued) The Total Fund Balance Reservations as of June 30, 2022, was$180.3-Million: TOTAL FUND BALANCE RESERVATIONS JUNE 30, 2022 (IN MILLIONS) Total Fund Balance June 30.2022 $331.7 Less Reservations: Inventories&Loans Receivable 11.6 Community Services Board Restric• 2.9 School Reserve Fund 15.9 School Reversion 21.1 School True-Up 27.2 Carryforwards and Encumbrances 25.0 Trust and Gift Funds 1.5 Future Capital Projects 13.5 Various City Operations 0.8 FY 2023 City CIP Budget 31.9 151.4 Total Unassigned Fund Balance FY 2022 $180.3 of FY 2023 Budgeted Revenues 13.53% AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30,- 25 UNASSIGNED GENERAL FUND BALANCE AS OF JUNE 30, 2013 THRU 2022 $200 16 0% 1 13.0% • • $150 c - - - - r$152 $180 3 12 0% 10.4 k 10.1% 10.5% 10.2% d • 9.5% 9.3% • 9.9% �+ • • • 9.0% u m • • $121.3 S118.4 $114.3 ce_S100 - 9107.1 $111 0 8.0% u_ v M 31024 - - c7 LL o $98.1 $97.0 E m � vo 3_ v m � m * f50 4.0% 15 ae $0 0.0% 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 O Unassigned GF Balance •%of Budgeted OF Revenue , 26 AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE December 13, 2022 30 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30,2022 ITEM#73597 (Continued) Here are the Total Revenues-General Fund: TOTAL REVENUES - GENERAL FUND JUNE 30, 2022 AND 2021 (IN MILLIONS) Corn. ; 01 r a.0 r. a'0 ..re r .. teat•r e FY 2022 YID FY 2021 STD YAR11NCES Bu.iet .c. Y i..c % . .c Y • Real Estate Taxes 1 592 6 S 593.8 S 1.2 0.2 S 589.2 S 4.6 0.8 % Personal Property Taxes 118.7 136.5 17.8 15.0 122.9 13.6 11.0 Conanonweath-PPTRA 53.4 53.4 (0.0) (0.0) 53.4 - - General Salts Tax 72.8 87.4 14.6 20.1 78.7 8.7 11.1 Utility Taxes 44.5 45.7 1.2 2.7 25.9 19.8 76.2 Business Littasts 53.2 55.5 2.3 4.3 54.8 0.7 1.3 • Hotel Taxes 7.2 10.0 2.8 38.9 7.6 2.4 31.6 • Meal Taxes 39.8 54.8 15.0 37.7 41.9 12.9 30.8 • Othta Local Tales 33.3 362 2.9 8.7 37.7 (1.5) (4.1) Charge kir Services 56.1 545 (1.6) (29) 50.6 3.9 7.7 Other Local Revenues 20.4 24.7 4.3 21.1 19.0 5.7 30.0 Cormvnweakh-Maintenance of Roads 52.0 52.5 0.5 1.0 51.6 0.9 1.7 Conntnnwcath-Hunan Services Remo 40.4 36.6 (3.8) (9.4) 37.4 (0.8) (2.1) • Connunweath-Other State Revenues 23.4 23.8 0.4 1.7 23.3 0.5 2.1 • Federal Revenues 286 27.7 (0.9) (3.1) 23.6 4.1 174 • Transfers&mother Funds 0.8 0.8 - - 6.3 (5.5) (87.3) $ 1,2372 81,293.7 $ 56.6 4.6 $ 1,224.1 $69.8 5.7 % •GI portion only l.rr.0-',ceded budget Hed=t.nder budget AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 38;' Here are the Total Expenditures-General Fund: TOTAL EXPENDITURES - GENERAL FUND JUNE 30, 2022 Transfers-Other Funds $500 000.000 Transfers- CIPs 5450.000.000 --- - Salanes $400 000.000 -- $350 000.000 Total $300 000,000 -- - $1,311.5 B Fringe Benefits $250 000.000 - . -- Transfers- $200.000.000 Schools ,. Operating $t50.000.000 - ---- _ Expenses St00.000.000 - I ----- Debt Seivtue Capital Outlay S50.000.000 .. • Transfers- &stenos Operating Fringe Transfers- Debt Transfers- Capital Schools Expenses Benefits CIPs Service Other Funds Outlay 2022•2021 -4 28 AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED J December 13, 2022 31 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30,2022 ITEM#73597 (Continued) Here is an overview of the Enterprise Funds: ENTERPRISE FUNDS STATEMENT OF NET POSITION AT JUNE 30, 2022 (IN MILLIONS) Water and Waste Sewer Storm Water Management Parking Cash and Investments $ 117 $ 25.0 $ 12.7 $ 8.0 Cash and Investments-Restricted 107.0 93.0 - - Receivables 17.9 6.1 5.2 - Inventory 2.7 - - - Capital Assets 712.8 494.6 6.6 3.2 Deferred Outflows 8.7 2.6 2.6 0.1 Total Assets+Deferred Outflows 966.3 621.3 27.1 11.3 Current Liabilities 10.3 6.6 2.2 0.5 Compensated Abscences 0.6 0.1 0.3 - Bonds and Notes Payable 222.6 150.4 - - Leases Payable 1.7 - - 2.9 Net Pension Liability 13.4 5.9 3.4 0.2 Net OPEB Liability 3.4 0.8 1.3 Deferred Inflows 12.5 3.3 3.9 0.2 Total Liabilities+Deferred Inflows 264.5 167.1 11.1 3.8 Net Investment in Capital Assets 488.2 340.4 6.6 3.2 Future Debt Services 19.8 9.5 -Unrestricted(deficit) 193.8 104.3 9.4 4.3 Total Net Position $ 701.8 S 454.2 $ 16.0 $ 7.6 AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE Y..- 29 ENTERPRISE FUNDS STATEMENT OF REVENUES EXPENDITURES AND CHANGES IN NET POSITION AT JUNE 30, 2022 (IN MILLIONS) Water and Waste Sewer Storm Water Management Parking Charges for Services $ 129.0 $ 45.9 $ 37.3 $ 6.4 Miscellaneous 1.1 - 0.9 - Operating Revenues 130.1 45.9 38.2 6.4 Cost of Goods Sold 31.4 - 0.2 - Personnel Services 25.9 4.5 10.4 0.3 Operating Expenses 29.0 9.4 25.9 3.0 Depreciation 30.1 9.5 2.8 0.2 Operating Expenses 116.4 23.4 39.3 3.5 Interest and Fiscal Agent Fees (6.0) (3.7) - (0.5) Other Nonoperating Revenues 0.9 0.5 0.2 - Nonoperating Revenues(Expenses) (5.1) (3.2) 0.2 (0.5) Capital Contributions 3.8 14.1 - - Transfers In(Out) - 2.5 - (0.4) Change in Net Position $ 1.2.4 $ 35.9 $ (0.9) $ 2.0 30 AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE , December 13, 2022 32 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30,2022 ITEM#73597 (Continued) Here is an overview of the Tourism Investment Program: TOURISM INVESTMENT PROGRAM PRIOR YEAR COMPARISON AT JUNE 30, 2022 (IN MILLIONS) 2022 2021 Change Hotel Taxes $ 24.7 $ 17.6 $ 7.1 Meal Taxes 16.5 12.6 3.9 Amusement 7.6 3.4 4.2 Other Revenue 1.6 1.8 (0.2) Total Revenue 50.4 35.4 15.0 Expenditures (38.6) (30.6) (8.0) Transfers 10.9 (1.0) 11.9 Total Expenditures (27.7) (31.6) 3.9 Change in FB 22.7 3.8 18.9 Ending Fund Balance $ 50.0 $ 27.3 $ 22.7 -- - 31 A,;DiTED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30.2022 TOURISM ADVERTISING PROGRAM PRIOR YEAR COMPARISON AT JUNE 30, 2022 (IN MILLIONS) 2022 2021 Change Hotel Taxes $ 7.7 $ 6.1 $ 1.6 Meal Taxes 7.8 5.9 1.9 Other Revenue 0.1 0.1 - Total Revenue 15.6 12.1 3.5 Expenditures (12.0) (10.1) (1.9) Transfers (2.1) - (2.1) Total Expenditures (14.1) (10.1) (4.0) Change In FB 1.5 2.0 (0.5) Ending Fund Balance $ 7.5 $ 6.0 $ 1.5 32 AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, December 13, 2022 33 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 ITEM#73597 (Continued) Here is a summary of Long Term Debt Annual Payments: LONG TERM DEBT ANNUAL PAYMENTS (IN MILLIONS) Annual Payments by Fiscal Year 2022 2021 Principal Retirement $ 117.2 $ 103.8 Interest 56.1 54.7 City Pension-Employer Contributions 54.8 52.8 School Pension-Employer Contributions 70.3 68.0 City OPEB-Employer Contributions 11.5 10.9 School OPEB-Employer Contributions 13.3 15.0 33 --EDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, FY2021 PAFR AND GFOA AWARD Co.mons farm 0111m C orthicon of Achievement for Escalates to Financial Reporting h..WiCrmpirsn hrrt hrld t r o/WI Am SO 70]t Financial Report 'St 34 AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30 2022 December 13, 2022 34 CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30,2022 ITEM#73597 (Continued) Here are the Next Steps: NEXT STEPS • FY 2023 December Interim January 17, 2023 • FY 2023 January Interim February 21, 2023 • FY 2024 Budget Proposal March 21, 2023 • FY 2024 Budget Adoption May 9, 2023 AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30,2 Mayor Dyer expressed his appreciation to Ms. Shelton, Mr. Kielbasa and Mr. Booth and for the presentation. December 13, 2022 35 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73598 3:23 P.M. Vice Mayor Wilson advised she has heard from the public and believes there is a need for vocational education and recommended establishing a Joint Task Force with the Schools and business community. Vice Mayor Wilson believes establishing this Joint Task Force will be beneficial and will be moving forward to establish in the near future. Council Member Moss advised the industry has previously indicated, the vocational education should start at the middle school levels and agreed the business community leaders should be included. December 13, 2022 36 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73599 (Continued) Council Member Tower advised he attended the Seatack Civic League meeting last night and wanted to congratulate them on their work to have the Seatack Neighborhood registered on the National Register of Historic Places. Council Member Tower congratulated the members of the L&J Gardens Neighborhood who also applied and are now listed on the Registry. December 13, 2022 37 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73600 (Continued) Mayor Dyer advised this is a bittersweet moment, as tonight is the last City Council Meeting for several members of the Body. Mayor Dyer advised there will be time at the end of tonight's Formal Session for the Body to speak and say a few departing words. December 13, 2022 38 AGENDA REVIEW SESSION ITEM#73601 3:32 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for up to five(5)years at Virginia Beach Farmers Market with Flutterby Soap Company,LLC 2. Resolution to RENAME the Bayside Recreation Center as "The Louis R.Jones Bayside Recreation Center"(Requested by City Council) 3. Resolution to DIRECT the City Manager to develop a public input process re the City's Election System (Requested by Mayor Dyer) 4. Ordinance to AUTHORIZE a $50,000 Grant from the Tourism Investment Program (TIP)fund re The Virginia Sports Hall of Fame Foundations,Inc(Requested by Council Members Berlucchi and Branch) 5. Resolution REGARDING Membership of the Virginia Beach Cannabis Advisory Task Force (Requested by Council Members Berlucchi and Tower) 6. Ordinance to AUTHORIZE the 2023 North Landing River/Albemarle Sound Estuarine Symposium (Requested by Council Member Henley) 7. Ordinance to AUTHORIZE the City Manager to erect signs discouraging motorists from giving money to panhandlers(Requested by Council Member Wooten) 8. Ordinance to DECLARE and CONVEY approximately 2.25 acres of City Property located on Upton Drive to be EXCESS of the City needs and AUTHORIZE the City Manager to EXECUTE the documents necessary to complete the conveyance of the property near the intersection of Nimmo Parkway to Hospice House of Hampton Roads 9. Ordinances to DESIGNATE as EXEMPT re Local 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. 10. Ordinance to APPROPRIATE $48,294,167 from the FY2021-22 School Reversion Funds to the Virginia Beach Public Schools FY2022-23 Operating Budget and Capital Improvement Program (Requested by the School Board) December 13, 2022 39 AGENDA REVIEW SESSION ITEM#73601 (Continued) 11. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Bass Inlet(a/k/a Mill Pond)and an existing five(5)foot drainage and utility easement, located at the rear of 2961 Sand Bend Road re construct and maintain an open sided boat ljft with a roof, a marginal wharf, a dock and to maintain portions of an existing bulkhead with related bulkhead returns DISTRICT 2(Formerly District 7—Princess Anne) (Deferred from November 15, 2022) THIS ITEM IS BEING WITHDRAWN 12. Ordinance to AUTHORIZE temporary encroachment into a portion of City right-of-way known as Baltic Avenue re construct and maintain an elevated pedestrian bridge approximately thirty-five (35)feet above ground level over Baltic Avenue District 6(Formerly District 6—Beach) 13. Ordinance to TRANSFER $2-Million from Capital Project #100048, Burton Station Road III," to Capital Project #100635, "Corporate Landing Business Park," re allow the advancement of the construction of infrastructure within the Corporate Landing Business Park 14. Ordinance to TRANSFER $431,750 from the General Fund Reserve for Contingencies to the FY 2022-23 Voter Registration and Elections Operating Budget re fund anticipated costs of the January 10, 2023,Special Election 15. Ordinance to ACCEPT and APPROPRIATE $2,404,940.98 from the Federal Emergency Management Agency (FEMA) to the FY 2022-23 Fire Department Operating Budget re reimbursement of costs for the deployment of the Virginia Task Force 2 Urban Search and Rescue team members in response to Hurricane Ian 16. Ordinance to APPROPRIATE $1,212,000 from the Tourism Investment Program (TIP) Fund to Capital Project#100145, "Atlantic Park Entertainment Venue"re meet estimated construction cost and building code requirements I. ORDINANCES/RESOLUTIONS: ITEM #2 WILL BE CONSIDERED SEPARATELY AND WILL BE CONSIDERED BEFORE VOTING ON THE CONSENT AGENDA IN ORDER TO PRESENT THE SIGNED RESOLUTION TO THE FAMILY OF LOUIS JONES ITEM#3 WILL BE CONSIDERED SEPARA TEL Y ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#9c WILL BE CONSIDERED SEPARATELY ITEM#10 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#10 COUNCIL MEMBER ROUSE WILL ABSTAIN ON ITEM#14 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#16 December 13, 2022 40 AGENDA REVIEW SESSION ITEM#73601 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. ORP VENTURES,LLC for a Variance to Section 4.4(b)of the Subdivision Regulations re subdivide two (2)lots and to construct two (2),two (2)story single family dwellings located at 820 24`h Street DISTRICT 6(Formerly District 6—Beach) 2. COURTHOUSE MARKETPLACE STATION, LLC& HARRIS TEETER PROPERTIES, LLC for a Modification ofPro ffers to a Conditional Rezoning and a Conditional Use Permit re automobile service station at 2500 Nimmo Parkway DISTRICT 2(Formerly District 7—Princess Anne) 3. AT ASSOCIATES, LLP for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales, rental,and service at 2717 Virginia Beach Boulevard DISTRICT 3(Formerly District 6—Beach) 4. NIKOLA GEORGIEV for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1305 DISTRICT 5 (Formerly District 6—Beach) 5. 208 10`"STREET, LLC for Conditional Use Permits re short term rentals at 945, 949, 953, 957, 961, 965 Pacific Avenue DISTRICT 5 (Formerly District 6—Beach) 6. HOST MY HOME, LLC/DA VID DOWDY for a Conditional Use Permit re short term rental at 529 22nd Street DISTRICT 6(Formerly District 6—Beach) 7. JD ENTERPRISES VA, LLC/LOROM,INC.,for a Conditional Use Permit re short term rental at 51219`h Street DISTRICT 6(Formerly District 6—Beach) 8. JD ENTERPRISES VA,LLC/LOROM,INC.,for Conditional Use Permits re short term rentals at 51619`h Street- Units Al,A2,A3,A4, BI, B2, B3, B4&51819`h Street, Units Al,A2,A3,A4, Bl, B2, B3, B4 DISTRICT 6(Formerly District 6—Beach) J.PLANNING: ITEM#2 WILL BE CONSIDERED SEPARA TEL Y December 13, 2022 41 ITEM#73602 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 6-formerly Beach District • District 6-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). • Lynch v. City of Virginia Beach • City v. Kellam-Gerwitz and Excel Paving 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 13, 2022 42 ITEM#73602 (Continued) Upon motion by Council Member Holcomb,seconded by Vice Mayor Wilson, City Council voted to proceed into CLOSED SESSION at 3:39 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 3:39 P.M. — 4:01 P.M. Closed Session 4:01 P.M. — 5:36 P.M. December 13, 2022 43 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL DECEMBER 13,2022 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 13, 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 34th 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 13, 2022 44 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 13, 2022 45 VLE CERTIFICATION ITEM#73603 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 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 13, 2022 4 Er; 1. 4 5 t�_ u 00 UUR Nwoo 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#73602 on Page 42 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3 712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. I A da Barnes, City Clerk December 13, 2022 46 ITEM— VI.F.1 MAYOR'S PRESENTATIONS ITEM#73604 Mayor Dyer welcomed Brian Clark, Media and Communications Coordinator. Mr. Clark expressed his appreciation to City Council for their continued support. Mr. Clark advised this month highlights the people, events and years between 2018 — 2022 as part of the Nostalgic Virginia Beach Campaign to celebrate the City's 60111 anniversary. Mr. Clark played a short video of the City's history between 2018— 2022 and turned the presentation over to Mayor Dyer to present the citizen award. 60`h ANNIVERSARY AWARDS Mayor Dyer welcomed Jim Spore and read the Proclamation recognizing his exemplary leadership within the City over his twenty-four(24)year career. Mr. Spore completed a number of significant projects which have had a lasting and quantifiable impact on the community and shaped the City as seen today, some of the major projects include the Lake Gaston water supply project; the development of Town Center; the redevelopment of the Resort Oceanfront to include the new Boardwalk, the ODU/NSU Higher Education Center, Sportsplex, the Amphitheater, the health care complex, the Advanced Technology Center and Children's Hospital of the Kings Daughters. Mr. Spore exemplifies the model of citizenship and service and is a recipient of the "Virginia Beach Diamond Award". Mayor Dyer called upon the citizens and members within government agencies, public and private institutions, business and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. Mr. Spore expressed his appreciation to City Council for their support and this recognition. Mr. Spore advised he did not accomplish anything by himself and expressed his sincere appreciation to all of the staff who supported him during his career. Mayor Dyer welcomed Dr. Cynthia Romero and read the Proclamation recognizing Dr. Romero's contributions to the local Filipino Community and her dedication to health care within Hampton Roads. Dr. Romero served as an EVMS-Sentara Endowed Chair for Academic Leadership Advancement, an Associate Professor of Family and Community Medicine, Director of the M. Foscue Brock Institute for Community and Global Health at EVMS, President of the Philippine Medical Association of Southeastern Virginia,Inc., Tidewater Academy of Family Physicians, Virginia Academy of Family Physicians, Norfolk Academy of Medicine and the Medical Society of Virginia. Dr. Romero was also recognized for promoting medical education, community service and healthcare equity. Dr. Romero exemplifies the model of citizenship and service and is a recipient of the "Virginia Beach Diamond Award". Mayor Dyer called upon the citizens and members within government agencies,public and private institutions, business and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. Dr.Romero expressed her appreciation to City Council for this recognition and her family for their support, adding it is an honor to call Virginia Beach home and contribute to the City. December 13, 2022 47 ITEM— MAYOR'S PRESENTATIONS ITEM#73604 (Continued) Mayor Dyer welcomed Fred Napolitano and read the Proclamation recognizing Mr. Napolitano's lifelong commitment to the City since 1955. Mr. Napolitano conceived the idea of the Neptune Festival and continued bringing the community together through his career as a developer building homes which led to him serving as President of the National Association of Home Builders in 1982, where he worked with the President of the United States and Congress to help solve the Nation's homebuilding problems. Mr. Napolitano is the recipient of the Brotherhood Citation from the National Conference of Christians and Jews, the Builder of the Year Award from the Home Builders Association of Virginia, was elected to both the Virginia and National Home Builders Associations Halls of Fame and received the American Vocation Success Award presented by President George Bush. Mr. Napolitano exemplifies the model of citizenship and service and is a recipient of the "Virginia Beach Diamond Award". Mayor Dyer called upon the citizens and members within government agencies,public and private institutions, business and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. Mr. Napolitano expressed his appreciation to City Council for their support and this recognition. Mr. Napolitano shared that he has traveled to nearly every state in the country and there is no other place he would rather live. December 13, 2022 01141A-aF4c jl: rt.._.: ✓ OF OUR NA'044 Vr o Whereas: James 7L Spore came to Virginia Beach in 1991 to serve as the City 9lanager and.dedicatedthe 6ufkof his career—24 years—to making this City a great place to five,raise a family and visit;and Whereas:ereas: With his guidance,the City consistently received Triple`A"bond ratings from all three financial rating agencies,economic development flourished,and tourism thrived—allfactors that helped keep residents'ta.Z burden one of the lowest in the nation;and Whereas: Mr.Spore always strived to workcolla6oratively with regional partners,the state,businesses,and non-profits;and 'MMiiereas: 'Under his thoughtful and steady leadership,Virginia Beach successful y completeda number of significant projects which have had a lasting andquantifia6le impact on the community including the Lake Gaston water supply project;the development of Town Center,the redevelopment of the Resort Oceanfront to include the new Boardwalk the Big-Beach hurricane protection project,the 31°'Street hotel;public parking and-parkproject;Sandler Center,(Princess Anne Commons,including the 2fampton Roads.Soccer Complex the OXDV/NSV Nigher Education Center,Sportsplex relocation of Princess Anne('ark,ancf balfields,the Amphitheater, the health care complex the Advanced-Technology Center,7-feafth Professions Building,Science Building,student activities center and Joint`Use Library on the TCC campus,Life Net,Operation Smile.7feadquarters,Virginia Beach Tieldhouse,IAB National Golf Course,'YWCA/Tides Swimming Complex andChildren's Jfospitalof the Kings Daughters;dozens of major transportation projects including the replacement of the LesnerBridge;numerous school renovations and replacements;public safety improvements including seven'Fire and EWS stations,two Police precincts and the Emergency Communications Center,i-'Fly mked use andpubCu parking structure;an errandedVirginia Aquarium and the Museum of Contemporary Art(MOCA);the creation of a system of first- class libraries,recreation centers and parks;and the restoration of the iconic CavalierIfotel and Whereas: Ms success is attributable to a steadfast dedication to public service and an unwavering commitment to improving the quality of fife for all Virginia Beach residents;and- Whereas: "Nostalgic VB"is a celebration of Virginia Beach pioneers and residents leading up to the 60th anniversary of our great city in January 2023. Wow,'Therefore 1,Robert W. "Bobby"Dyer,9btayor of the City of Virginia Beach,Virginia,do hereby proclaim: games X Spore Recipient of the 'Virginia Beach(Diamoni)4ward" In Virginia(Beach,and I call upon the citizens and members within government agencies,public and private institutions,business,and schools in Virginia Beach to 6e of service for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. In Witness Whereof,I have hereunto set my hand and caused the Official Seal of the City of Virginia(Beach,Virginia,to be affixLed this Thirteenth (Day of(December,Two Thousand and Twenty-Two. 761Eddfre'691)1•€<-J Robert M. "Bobby"cDyer Mayor ^11 p4 � LrP Ost s . .„,,Ntr- .- 9� lb OF oun poolo tiamation W4fierrar Or: Cynthia Romero is a fjure in Virginia Beach and the local-(Filipino community dedicated to the health and wed--6eing of 9fampton 4Zpads and the cultural preservation of'ilipino culture;and W4 herear As an E'NYLS Sentam Endowed Chair for Academic Leadership Advancement,an Associate Professor of T'amily and Community 9Keduine and the Director of the 3f.'Foscue BrockInstitute for Community and Glo6af2fea(th at D LS,Or.4Rpmero has championed change in areas from healthcare access to healthcare 6ias;and 'Whereas Or 4Zpmero previously served as a'Virginia 9fealth Commissioner,principalheafth adviser to the Governor,Secretary of?fealth andJfuman 44sources,Virginia GeneralAssemfify and-Board of 9fealth and caredfor the'Virginia Beach community in private practice for 16 years;and 'Whertar She is a strong advocate for patients and the medical profession through her research and readership in professional meduaforganizations,serving as President of the Philippine liedscafAssociation of Southeastern'Virginia,Inc,Tidewater Academy of(Family Physicians,Virginia Academy of'Family Physicians,NorfolkAcademy of!Medicine,and the 9Kedwa(Society of'Virginia;and 144terear (Dr.4Zpmero has 6een recognizedfor promoting justice in medical education,community service and healthcare equity 6y a host of organizations ranging from the American Academy of Family Physicians to the'Urban League;and Whertar She also serves as a volunteer with the American.7feart Association,the Children's 9fospital of the King's(Daughters,9fampton Rpads Community(Foundation,9fampton Rpads BehavioralJfealth Coalition,the United Way of South 9fampton 4Zpads and more;and WVhertar 'Virginia Beach is home to one of the largest'Filipino communities on the East Coast and Dr.4epmero serves as Chair of the council of'United'Filipino Organizations of Tidewater which he@ to maintain operations at the'Virginia Beach-6asedPhilippine Cult ural Center of lArginia;and Whereas `Nostalgic 4AB'is a celebration of Virginia Beach pioneers and residents reading up to the 60th anniversary of our great city in January 2023. Now,?terefvre I,4epben 91. "Bobby'Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: rDr. Cynthia Wpmero Wecipzen— t of the "Virginia Beach �Diamon 'Aware In Virginia'Beach,and I call upon the citizens and members within government agencies,public and private institutions,business,andschoors in Virginia Beach to 6e of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift our 6elovedCity of'Virginia Beach. In Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to be affvicedthis thirteenth Day of December,Two 1ou.sandand Twenty-Two. , ...4L. $414 Apbert 9M. `Bo66y'Dyer !Mayor ,11.11A•B co, •-............, 4 r„iif f. . is 4;6, 4. _. 4. 4s op 0UR 01°4% VNI to clamatton Whereas: FredNapolitano moved his family to Virginia Beach in 1955 and quid y committed himself to ensuring the community's future through active involvement in civic affairs and focal industry;and Wier= In 1974,he conceived of an event that woull6thig the.7fampton meads region together in celebration of the end of summer and that idea gave rise to the Neptune'Festivai;and Whereax As a developer,he tookan active role in building homes for the community and became President of the NationafAssociation of.7fome Builders in 1982,working with the President and Congress to help solve the nation's home6udding problems.Today,he is Chairman of the Board of Pembroke Enterprises,Inc.,the commercial real estate,and development firm spearheading the$200 million Pembroc Square redevelopment project;and Whereas 94r.Wapolitano is the recipient of the Brotherhood Citation from the Nationa(Conference of Christians and Jews,Builder of theTear Awardfrom the.9fome Builders Association of Virginia, was elected to both the Virginia and National Jfome Builders Associations 7fals of Fame,and received the American Vocation Success Award presented 6y President George Bush;and 'W�iereas: Me has served on hoards and advisory councils at the state andfederaflevef including the Federal .?force Loans BankBoard the Fannie 9,1ae Board Virginia's Industrial Development Services Advisory Board and chair of the Board o;Commerce of the Commonwealth of Virginia;and 144 erra.v .7fe also sewed as Chair of the Jfampton Rpads Chamber of Commerce and Forward Hampton bads, as a Sentara.7fealt h Care hoard member,a founding board member of the First Tee program for young people,on the Board of Catholu Charities Foundation and as 40-year board and executive committee member of St.I1ary's.7fome for(Disabled Children;and Whereas: 'Nostalgic VB'is a celebration of Virginia Beach pioneers and residents leading up to the 66th anniversary of our great city in January 2023. Now,Vierefrire I,Wo6ert 11. `Bobby'Dyer,91ayor of the City of Virginia Beach,Virginia,do hereby proclaim: Fredericlj. Wapolttano eipient of the "Virginia Beach ODiamondAward" In Virginia Beach,and I call upon the citizens and members within government agencies,public and private institutions,business,and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplft our beloved City of Virginia Beach. In Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to be affixed-this thirteenth(Day of December,Two Thousand-antTwenty-Two. r J• cam• -•.. i-N. - -::-..—_-t7s.--. '' ' ,Li. - Yaxibite-t _.‘ ... . ,, <`•tit%..tea•. <� << ' Robert 91. 'Bobby'Dyer • ___ _ =-. 9Kayor 48 ITEM— VI.F.2 MAYOR'S PRESENTATIONS ITEM#73605 RECOGNITION SISTER CITIES ASSOCIATION OF VIRGINIA BEACH(SCAVB) 2022 YOUTH AMBASSADOR LUCIA MORTON Mayor Dyer welcomed Maria Weissenseel, SCAVB President, who introduced and recognized Lucia Morton, who was selected as the 2022 SCAVB Youth Ambassador. Ms. Morton expressed her appreciation to City Council and to the members of the SCAVB for this recognition, adding she is looking forward to serving as the Youth Ambassador and continuing her work with the SCAVB. December 13, 2022 49 ITEM— VLG.1 PUBLIC HEARING ITEM#73606 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY —FARMERS MARKET Building 6, Space 2 to Flutterby Soap Company, LLC 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 13, 2022 50 ITEM- VLH FORMAL SESSION AGENDA ITEM#73607 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 I: 1, 4, 5, 6, 8, 9a/b/d, 11, 12, 13, 14, 15 and 16 and Planning Items J:1, 3, 4, 5, 6, 7 and 8 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions I: 1, 4, 5, 6, 8, 9a/b/d, 11, 12, 13, 14, 15 and 16 and Planning Items J:1, 3, 4, 5, 6, 7 and 8 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 I. ORDINANCES/RESOLUTIONS: ITEM#2 WILL BE CONSIDERED SEPARA TEL Y ITEM#3 WILL BE CONSIDERED SEPARA TEL Y ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#9c WILL BE CONSIDERED SEPARA TEL Y ITEM#10 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#10 COUNCIL MEMBER ROUSE WILL ABSTAIN ON ITEM#14 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#16 J.PLANNING: ITEM#2 WILL BE CONSIDERED SEPARATELY December 13, 2022 51 ITEM— VI.I.1 ORDINANCES/RESOLUTIONS ITEM#73608 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for up to five (5)years at Virginia Beach Farmers Market with Flutterby Soap Company,LLC Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Delceno C. Miles, John D. Moss,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None December 13, 2022 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH FLUTTERBY SOAP COMPANY LLC 4 FOR CITY-OWNED PROPERTY KNOWN AS 5 BUILDING 6, SPACE 2 IN THE VIRGINIA BEACH 6 FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, the City issued a Request for Proposals for Space 2 in Building 6 at 13 the Virginia Beach Farmers Market which consists of approximately 310 sq. ft. of space 14 (the "Premises") and received one submittal from Flutterby Soap Company LLC, a 15 Virginia limited liability company ("Flutterby"); 16 17 WHEREAS, Flutterby has leased the Premises since 2015 and desires to enter 18 into a new lease with the City; 19 20 WHEREAS, the Premises will be utilized for the sale of homemade soaps, lip 21 balms, lotions, body butters, facial care, salt scrubs and related items, and for no other 22 purpose; and 23 24 WHEREAS, Flutterby has agreed to pay the City rent in the amount of $6,782.16 25 annually ($565.18 per month) for the first year of the term, with a five percent (5%) 26 annual rent escalation for each year thereafter. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease for up to 5 years 32 between Futterby Soap Company, LLC and the City for the Premises, in accordance 33 with the Summary of Terms, attached hereto as Exhibit A and made a part hereof, and 34 such other terms, conditions or modifications as may be acceptable to the City Manager 35 and in a form deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of 38 December , 2022. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM ((/g'--n,H /y City Attorney Public Works/Wifities Ma ag ement CA15631 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d030\p039\00849156.doc R-1 December 1, 2022 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Flutterby Soap Company LLC, a Virginia limited liability company PREMISES: Building 6, Space 2 consisting of 310+/- square feet TERM: Initial Term: January 1, 2023 through December 31, 2025, with two (2) additional one-year renewal options RENT: Initial rent of$6,782.16 annually ($565.18 per month) for the first year of the Term, with five percent (5%) annual escalation for each thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of homemade soaps, lip balms, lotions, body butters, facial care, salt scrubs and related items; and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. City of Virginia Beach Farmers Market 3640 Dam Neck Road LEASE EXHIBIT A Virginia Beach,VA 23453 757-385-4388 FAX:368-5249 Request for Proposals 0 . (PWFM-22-0300) % /, O Master -El 0 RNew Ktchen A4K//Garden C ' ''` 1! , \\\\\\\\\\\ `\\\ 4% , : ` y ,, � ,:124 8 / 1 Irs, 4401111410, 26 Space : , v. N14 20 10 10 1? 11616 14 13 12 11 10 0 0k 6 6 4 / / �\ Al Pr; spaces approx 9 x 17 1 Excepcspace� F / 6\\\\\ 11B Bled:.4 fAle41 .. 4•144„ Pavilion Sams 1-IS- / / \'22b., , .• ,0,.., ,-, iv 10 11 12 13 11 16 "VA: §; e e. i • • / 1 11 V . = ft , \ \ ,-- I. : , ' �! o ,,,, . a 4 E 1 1ti / N Mm \ 1_ Building 6,Space 2 %1 cu c� / \ Approx.310 Sq.Ft. \\ N \ C'N\ %—{=1 • \ t , I. 1 ------\ --r/k\\ ' 1Vilw — _ .\\; k lij" • , /C -g) --) El 0 N 4-4 -/ IA / 11110 N 1 I r' °I I•\ N % .�\ \ , `/ , e ` / *IIIIIIII III l—1■■1. �` Allh• 6i speakers Dam Neck Road The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disdosure Applicant Name F1w4e c&o COMPC01 Does the applicant have a representative? des 0 No • If yes,Ilst the name of the representative. V a-lC�( `e GDL.Lav-t- Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? .Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Y co e ob - • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent- subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes 174 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure • Does the applicant have any existing financing(mortgage,deeds of trust,cross- collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? • Yes No 2 1 • If yes,identify the financial institutions providing the service. • Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? • Yes ISM.No • If yes,identify the company and individual providing the service. • Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes El No • If yes,identify the firm and individual providing the service. • Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes t No • If yes,identify the firm and individual providing the service. • Is there any other pending or proposed purchaser of the subject property?0 Yes „T No • If yes,identify the purchaser and purchaser's service providers. • Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes t .No • If yes,identify the company and individual providing the service. 3 • Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes g No • If yes,identify the firm and individual providing the service. • Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes �No • If yes,identify the firm and individua providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature,ctig f') Print Name and Tide Y vt 'W qDU 17-/-- Date ID/ j of 2,07;2-- Is the applicant also the owner of the subject property? ❑Yes 'r4 No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USEONLY/I'it disclosures must be updated two(2)weeks prior to any Planning Commission and City Co that pertains-to the applications Signature No changes as of /0?if Print Name r 1 Continue to Next Page for Owner Disclosure Owner Name Va 12 GOU ja(id-- Applicant Name \/'i11 I "ef I eo11 In (---t-- is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? [a/es ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) V (-C 4-es Co ta4 • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Ni(A/ 5 Known interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes RNo • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent- subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. 6 • Does the Owner have any existing financing(mortgage,deeds of trust,cross- collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? • Yes 474...No • If yes,identify the financial Institutions providing the service. • Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? • Yes ,J No • If yes,identify the company and individual providing the service. • Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. • Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes No • If yes,identify the firm and individual providing the service. • Is there any other pending or proposed purchaser of the subject property?0 Yes ZJ No • If yes,identify the purchaser and purchaser's service providers. • Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes 'k No • If yes,identify the company and individual providing the service. • Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes -No • If yes,identify the firm and individual providing the service. 7 • is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission, City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and True V 3( t..e f( (-7 0 of Date 10 lu ZrJ�2 8 52 ITEM— VLI.2 ORDINANCES/RESOLUTIONS ITEM#73609 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in OPPOSITION Tammie Mullen-Rice, 1010 Barnack Court, Phone: 630-7097, spoke in OPPOSITION Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED Resolution to RENAME the Bayside Recreation Center as "The Louis R. Jones Bayside Recreation Center"(Requested by City Council) On behalf of Mayor Dyer, Vice Mayor Wilson welcomed Mrs. Ellen Jones and family and read the Resolution renaming the Bayside Recreation Center as, "The Louis R.Jones Bayside Recreation Center". Mayor Dyer and Vice Mayor Wilson presented the Resolution to Mrs. Jones. Mrs. Jones expressed her appreciation to City Council for this recognition and advised it would mean so much to Mr. Jones whose heart belonged to the City with the "tip top"of his heart belonging to 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 13, 2022 REQUESTED BY THE CITY COUNCIL 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 13 t h day of December , 2022. APPROVED AS TO LEGAL SUFFICIENCY: ttor y's Office CA15983 R-1 November 30, 2022 (A.,7,1:::--7,7,,,, s ,i. :4,, s0,0.NASAA RESOLUTION WHEREAS,Louis R.Jones served the residents of the City on the City Council for 36 years;and WHEREAS,his tenure on the City Council 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);and WEHREAS,Louis R. Jones was known as"Mr. Bayside,"and he was instrumental in many projects including the Lake Gaston Project;and WHEREAS,Louis R.Jones passed away unexpectedly on June 18,2022,at the age of 86;and WHEREAS, the Bayside Recreation Center is located at 4500 First Court Road and serves the recreational and fitness needs of the Bayside community and surrounding areas;and WHEREAS, honoring the memory of Louis R. 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;and NOW THEREFORE, BE TT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT That the Bayside Recreation Center,located at 4500 First Court Road,is hereby renamed as "The Louis R. Jones Bayside Recreation Center" Adopted by the City Council of the City of Virginia Beach the 13th day of December,2022. M. &Lk. (:41--...10. k--1...-- Lead“41)\.littibil___ Council Member Michael F.Berlucchi Council Member Linwoo O.Branch Council Member Barbara M.Hanley 4 II 49A9Z(- - ) i ;A VU ncil Mem .D. ` oc olcomb Council Member Delceno C.Miles Co�•cil Mem•er • D.Mo 0,4,_____ af 1 —.7 f Ls--- �ir� 4rV��f� ouncil Member Aar n R. ouse Council Member Guy K.Tower ' cil Member abrina D.Wooten Ser Vice Mayor Ro ary Wilson Mayor Rob ."Bo• y' Dyer 53 ITEM— VLI.3 ORDINANCES/RESOLUTIONS ITEM#73610 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Susan Hippen, 5909 Cold Harbor Court, Phone: 679-1286, spoke in OPPOSITION Carlos Howard, 4605 Brideshead Court, Phone: 620-8800, spoke in OPPOSITION Georgia Allen, 4649 Merrimac Lane, Phone: 405-6440, spoke in OPPOSITION Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, spoke in OPPOSITION Russell Galling, 965 Baker Road, Phone: 620-8391, spoke in OPPOSITION Melissa Lukeson, 1884 Wolfsnare Road,Phone: 289-9003, spoke in OPPOSITION Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in OPPOSITION Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in OPPOSITION Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED Resolution to DIRECT the City Manager to develop a public input process re the City's Election System (Requested by Mayor Dyer) Voting: 7-4 Council Members Voting Aye: 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 Voting Nay: John D. Moss,Aaron R.Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: None December 13, 2022 REQUESTED BY MAYOR DYER 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO 2 DEVELOP A PUBLIC INPUT PROCESS REGARDING THE 3 CITY'S ELECTION SYSTEM 4 5 WHEREAS, the City Charter is the result of a consolidation agreement between 6 the City of Virginia Beach and Princess Anne County, dated November 10, 1961; 7 8 WHEREAS, starting in 1966, the City Charter provided for at large election of all 9 members of the City Council; 10 11 WHEREAS, legislation enacted by the General Assembly in 2021 changed any 12 residence districts, such as the residence districts described in Section 3.01 of the City 13 Charter, into wards, which are also known as single-member election districts; 14 15 WHEREAS, a remedial plan imposed by the U.S. District Court for the Eastern 16 District of Virginia in December 2021 required the City to prepare for the 2022 general 17 and special elections using a ten-district ward system of election; 18 19 WHEREAS, on July 27, 2022, the Fourth Circuit U.S. Court of Appeals vacated the 20 district court's orders, but such vacation occurred after the candidates for the 2022 21 general and special elections had qualified, and accordingly the November 8, 2022 22 general and special elections proceeded under the ten-district ward system previously 23 ordered by the district court; 24 25 WHEREAS, with the vacation of the district court's order, the City Council must 26 enact a decennial redistricting plan prior to the November 2024 general election; 27 28 WHEREAS, the City Council desires to have a robust public input process that 29 allows the residents multiple avenues to submit input to the City Council regarding the 30 future of elections in the City; 31 32 WHEREAS, the City Council further desires to initiate and substantially complete 33 the public input process with sufficient time to allow the City Council to decide whether to 34 place a referendum on the ballot for the November 7, 2023 election to further receive the 35 input of the residents; 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA, THAT: 39 40 The City Manager, in coordination with the City Attorney, is hereby directed to 41 develop a public information and input process beginning in January, 2023 that includes 42 the following features: 43 - Multiple public briefings and input sessions in both the daytime and the evening 44 hours at various locations within the City; 45 - A webpage and web tool to allow residents to submit comments online; and 46 - Other opportunities for input at the recommendation of the City's 47 Communications Office. 48 As part of the public information and input process, the City Attorney's Office is 49 authorized to provide public briefings discussing the prior litigation and existing legal 50 precedents and statutes applicable to potential election methods to community groups 51 and organizations when requested by any member of the City Council. 52 53 BE IT FURTHER RESOLVED, THAT: 54 55 The City Council desires the public input process to be substantially completed 56 prior to August 18, 2023, which is the deadline to request a referendum election be held 57 at the November, 7, 2023 election. 58 59 BE IT FURTHER RESOLVED, THAT: 60 61 The City Council intends to appoint liaisons for the public input process, and such 62 liaisons are to represent the interests of the City Council, to provide informal direction 63 where required, and to give regular reports to the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 t h day of December . 2022. APPROVED AS TO LEGAL SUFFICIENCY: / -------- i Attorney's Office CA15998 R-1 December 2, 2022 54 ITEM— VLI.4 ORDINANCES/RESOLUTIONS ITEM#73611 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a$50,000 Grant from the Tourism Investment Program(TIP) fund re The Virginia Sports Hall of Fame Foundations, Inc (Requested by Council Members Berlucchi and Branch) 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 13, 2022 1 AN ORDINANCE TO AUTHORIZE A $50,000 GRANT TO 2 THE VIRGINIA SPORTS HALL OF FAME FOUNDATION, 3 INC. 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 A grant of $50,000 from the Tourism Investment Program Fund is hereby 9 authorized for the Virginia Sports Hall of Fame Foundation, Inc., to be provided by the 10 Convention and Visitors Bureau. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 t h day of December , 2022 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: O ,Alam' udget and Management Services • or ey's Owe CA15996 R-1 November 30, 2022 55 ITEM— VLI.5 ORDINANCES/RESOLUTIONS ITEM#73612 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution REGARDING Membership of the Virginia Beach Cannabis Advisory Task Force(Requested by Council Members Berlucchi and Tower) 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 13, 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 13 t hday of December , 2022 APPROVED AS TO LEGAL SUFFICIENCY: -7Priel,:a City Attorney's Offic CA15999 R-2 December 6, 2022 56 ITEM— VLI.6 ORDINANCES/RESOLUTIONS ITEM#73613 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the 2023 North Landing River/Albemarle Sound Estuarine Symposium (Requested by Council Member 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 13, 2022 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 13 t h day of December , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16000 R-1 December 5, 2022 57 ITEM— VI.I.7 ORDINANCES/RESOLUTIONS ITEM#73614 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003, spoke in OPPOSITION Upon motion by Council Member Wooten, seconded by Council Member Miles, City Council ADOPTED, AS AMENDED, Ordinance to AUTHORIZE the City Manager to erect signs discouraging motorists from giving money to panhandlers (Requested by Council Member Wooten) 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,Aaron R. Rouse, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Guy K. Tower-Stepped out during vote December 13, 2022 AMENDED VERSION 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 1. That the City Manager is hereby authorized and directed to undertake a pilot 33 program in District 7 by erecting and maintaining, at proper places within City rights of 34 way in District 7, appropriate signs discouraging motorists from giving money to 35 panhandlers. Such signs shall be placed in locations where, in the judgment of the City 36 Manager, it would be unsafe for motorists to give money to panhandlers; and 37 38 2. 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. 43 44 3. That the City Manager shall have staff conduct a study once the signage pilot 45 program has been implemented for a one-year period to determine the effectiveness of 46 the signage, and if there is no significant decrease, the pilot program may be 47 discontinued, and the signage may be removed. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 t h day of December , 2022. APPROVED AS TO LEGAL SUFFICIENCY: t ‘z City Attorney's Office CA 15857 R-6 December 14, 2022 58 ITEM— ORDINANCES/RESOLUTIONS ITEM#73615 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE and CONVEY approximately 2.25 acres of City Property located on Upton Drive to be EXCESS of the City needs and AUTHORIZE the City Manager to EXECUTE the documents necessary to complete the conveyance of the property near the intersection of Nimmo Parkway to Hospice House of Hampton Roads 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 13, 2022 1 AN ORDINANCE RE-DECLARING 2.25+/- ACRES 2 OF CITY PROPERTY LOCATED ON UPTON 3 DRIVE TO BE IN EXCESS OF THE CITY'S NEEDS 4 AND AUTHORIZING THE CITY MANAGER TO 5 EXECUTE THE DOCUMENTS NECESSARY TO 6 COMPLETE THE CONVEYANCE OF THE 7 PROPERTY TO HOSPICE HOUSE OF HAMPTON 8 ROADS 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 11 2.25+/- acres of land on Upton Drive (GPIN: 2414-47-2012) (the "Property"), and more 12 particularly described on Exhibit A, attached hereto and made a part hereof; 13 14 WHEREAS, the City acquired the Property in 1985 as part of the Transportation 15 Safety Improvement Project, CIP 2-024, which project has been completed; 16 17 WHEREAS, on August 15, 2017, by Ordinance ORD-3515G, City Council 18 declared the Property to be in excess of the City's needs and authorized the 19 conveyance of the Property to Hospice House of Hampton Roads, formerly known as 20 Hospice House of South Hampton Roads, Inc. ("Hospice House"), a non-profit 501(c)(3) 21 organization, to construct and operate an approximately 12,000 sq. ft., 12-bed hospice 22 care facility (the "Facility"); 23 24 WHEREAS, pursuant to Ordinance ORD-3515G, the City and Hospice House 25 entered into a development agreement, dated April 26, 2022 (the "Development 26 Agreement"), to convey the Property to Hospice House once Hospice House met 27 certain conditions necessary to close; 28 29 WHEREAS, Ordinance ORD-3515G contained an automatic expiration date for 30 the conveyance of the Property to Hospice House, which date has passed; 31 32 WHEREAS, Hospice House has diligently pursued meeting the conditions, 33 however, due to various circumstances, conveyance of the Property has not yet 34 occurred and Ordinance ORD-3515G has expired; 35 36 WHEREAS, Hospice House has represented that it is ready and willing to close 37 on the conveyance of the Property, and City staff desires to complete the conveyance of 38 the Property to Hospice House as contemplated by the Development Agreement; 39 40 WHEREAS, Hospice House intends to close on the Property pursuant to the 41 terms of the Development Agreement, a summary of which are attached hereto and 42 made a part hereof as Exhibit B (the "Summary of Terms of Development Agreement"); 43 and 44 45 WHEREAS, the City Council finds that the Property is still in excess of the needs 46 of the City of Virginia Beach, and conveyance of the Property to Hospice House to 47 support the construction of a hospice facility would provide a benefit of the community. 48 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 49 VIRGINIA BEACH, VIRGINIA: 50 51 1) That the 2.25+/- acres of City Property located on Upton Drive (GPIN: 2414- 52 47-2012), as shown on Exhibit A attached hereto and made a part hereof, is hereby 53 declared to be in excess of the needs of the City of Virginia Beach; and 54 55 2) That the City Manager is hereby authorized to execute any documents 56 necessary to ratify the Development Agreement and to complete the conveyance of the 57 Property to Hospice House of Hampton Roads in accordance with the Summary of 58 Terms as shown on Exhibit B, and such other terms, conditions or modifications as may 59 be acceptable to the City Manager and in a form deemed satisfactory by the City 60 Attorney. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13 t h day 63 of December , 2022. Requires an affirmative vote by three-fourths (3/4) of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,YYA:10f /(V. PUBLIC WORKS/REAL ESTATE ATT1 NEY' FFICE v CA15819 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d021\p046\00845775.docx R-1 November 23, 2022 2 EXHIBIT A ALL THAT certain lot, tract or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PARCEL `Y"' on that certain plat entitled "SUBDIVISION OF LOT 1393A RESUBDIVISION OF PROPERTY LOT 1393 SUBDIVISION OF RED MILL FARM SECTION 23 / SOUTH SHORE ESTATE (M.B. 279, PG. 92) AND RESIDUAL PARCELS A & B PROPERTY OF CITY OF VIRGINIA BEACH (D.B. 2466, PGS. 1258 & 1259) M.B. 279, PG. 92", dated April 24, 2019 and revised through May 7, 2021, prepared by City of Virginia Beach, Department of Public Works, Engineering Group, Survey Bureau, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 202107000121. LESS AND EXCEPT AND RESERVING TO the City any easements required for utilities, traffic control, communication facilities, drainage, maintenance, and access to accommodate any existing facilities for which an easement has not yet been identified as designated and described in a forthcoming plat (specific location and square footages to be determined by plat). LESS AND EXCEPT AND RESERVING TO the City that certain permanent easement designated as "PROPOSED 30' PUBLIC DRAINAGE EASEMENT" as shown on the aforesaid plat and as further described in a forthcoming plat (specific location and square footages to be determined by plat). LESS AND EXCEPT AND RESERVING TO the City all right, title, and interest of 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 benefitting the above- described property. IT BEING a part of the same property acquired by the City of Virginia Beach by Certificate of Condemnation dated April 4, 1985, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach at Deed Book 2401, Page 1838 (now Instrument Number 198508170328), as amended by Amended Certificate of Condemnation dated December 26, 1985, recorded in the aforementioned clerk's office at Deed Book 2467, Page 1845 (now Instrument Number 198508123161), title vesting by Final Order of the Circuit Court of the City of Virginia Beach, dated December 30, 1985, recorded in the aforementioned clerk's office at Deed Book 2473, Page 1279 (now Instrument Number 198608280491). EXHIBIT B SUMMARY OF TERMS OF DEVELOPMENT AGREEMENT CONVEYANCE OF EXCESS CITY PROPERTY GRANTOR: City of Virginia Beach (the "City") GRANTEE: Hospice House of Hampton Roads ("Hospice House") PROPERTY: 2.25+/- acres of City property (GPIN: 2414-47-2012) located on Upton Drive near the intersection of Nimmo Parkway (the "Property") CONSIDERATION: To be conveyed on the condition that the property be used as a hospice care facility serving the City of Virginia Beach. CONDITIONS OF CONVEYANCE: • Hospice House will build a 12-bed hospice facility of approximately 12,000 sq. ft., expected to include a family kitchen, chapel, staff lounge, volunteer room, executive and administrative support offices, conference room, and covered and screened porches (the "Facility"). • Hospice House will be responsible for all costs associated with designing, constructing, and equipping the Facility. • The Property will be conveyed to Hospice House "as is", and subject to all existing easements and encumbrances of record. • Hospice House will obtain financing and secure an income stream, that, in the opinion of the City, is sufficient to build and maintain the Facility and sustain its hospice program. Hospice House will be responsible for all future operating, maintenance, and replacement costs associated with the Property and the Facility. • The Property shall be used only for non-profit purposes consistent with the mission of Hospice House. The Property may not be sold or otherwise conveyed to another entity unless approved by the City. • If settlement does not occur on or before July 1 , 2024, the City has the option of terminating the Development Agreement, in which case neither party will have any further rights, liabilities, or obligations to the other. • If Hospice House has not begun construction of the Facility by November 1 , 2024, the City will have the option of reclaiming the Property at no cost to the City. 59 ITEM— VLL9a ORDINANCES/RESOLUTIONS ITEM#73616 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinances to DESIGNATE as EXEMPT re Local Property Taxes: a. The Princess Anne Crew Club Auxiliary 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 13, 2022 1 AN ORDINANCE TO DESIGNATE THE PRINCESS ANNE 2 CREW CLUB AUXILIARY AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to The Princess Anne Crew Club Auxiliary; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The 13 Princess Anne Crew Club Auxiliary a charitable organization within the context of§ 6(a)(6) of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by The Princess Anne Crew Club Auxiliary located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by The Princess Anne Crew Club Auxiliary for 23 exclusively charitable purposes; 24 25 (b) that each July 1, The Princess Anne Crew Club Auxiliary shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, The Princess Anne Crew 31 Club Auxiliary shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d) that The Princess Anne Crew Club Auxiliary cooperate fully with the 35 Commissioner of the Revenue with respect to audit of its financial records and 36 compliance with the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of December , 2022. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL (jk A7EF1CIENCY: Commissioner f t Revenue Ci Att rney's Office CA15974/R-1/November 8, 2022 60 ITEM— VLI.9b ORDINANCES/RESOLUTIONS ITEM#73617 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinances to DESIGNATE as EXEMPT re Local Property Taxes: b. Little Christian Academy 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 13, 2022 1 AN ORDINANCE TO DESIGNATE LITTLE CHRISTIAN 2 ACADEMY AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Little Christian Academy; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Little 13 Christian Academy a charitable organization within the context of§ 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Little Christian Academy located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Little Christian Academy for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Little Christian Academy shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Little Christian Academy 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Little Christian Academy cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 t h day of December , 2022. Requires an affirmative vote of three-fourths of the members of the City Council. A' VED AS To CON ►'T: APPROVED AS TO LEGAL / IEN Y: . /AAAA ,/ C:mmissioner • 'W'evenue Att rney's Office CA15975/R-1/Novem i-r 8, 2022 61 ITEM— VLI.9c ORDINANCES/RESOLUTIONS ITEM#73618 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION After City Council discussion, Council Member Moss made a motion, seconded by Council Member Tower, to DENY Ordinance to DESIGNATE as EXEMPT re Local Property Taxes: c. Coastal Virginia Building Industry Association, Inc. Voting. 4— 7(MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley, John D. Moss, Aaron R. Rouse and Guy K. Tower Council Members Voting Nay: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, N. D. "Rocky" Holcomb, Delceno C. Miles, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None December 13, 2022 62 ITEM— VI.I.9c ORDINANCES/RESOLUTIONS ITEM#73618 (Continued) Council Member Miles then made a motion, seconded by Vice Mayor Wilson, to ADOPT Ordinance to DESIGNATE as EXEMPT re Local Property Taxes: c. Coastal Virginia Building Industry Association, Inc. Voting: 9-2 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, 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: Barbara M. Henley and John D. Moss Council Members Absent: None December 13, 2022 1 AN ORDINANCE TO DESIGNATE COASTAL VIRGINIA 2 BUILDING INDUSTRY ASSOCIATION, INC. AS BEING 3 EXEMPT FROM LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Coastal Virginia Building Industry Association, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Coastal 13 Virginia Building Industry Association, Inc. a charitable organization within the context of § 14 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Coastal Virginia Building Industry Association, Inc. 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Coastal Virginia Building Industry Association, 23 Inc. for exclusively charitable purposes; 24 25 (b) that each July 1, Coastal Virginia Building Industry Association, Inc. shall file with 26 the Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Coastal Virginia Building 31 Industry Association, Inc. shall file an exemption application with the 32 Commissioner of the Revenue as a requirement for retention of the exempt 33 status of the property; and 34 35 (d) that Coastal Virginia Building Industry Association, Inc. cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 t h day of December 2022. Requires an affirmative vote of three-fourths of the members of the City Council. AP VED AS TO CONT NT: AP OVED AS TO LEGAL U FI IEN Y: • Co mission of t e Revenue At rney's Office CA15976/R-1/No er 8, 2022 cOIA"BEA° t City of Virginia Beach q 5 0� OF OuR NO%�ta 1Bgw.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH December 13, 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 an ordinance to designate Coastal Virginia Building Industry Association, Inc. as being exempt from local property taxation. 2. The applicant disclosed that Kaufman& Canoles is its legal services provider. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, the Act provides that I may participate in the Council's discussion and vote on this ordinance,upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 211 43rd STREET,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Amanda Barnes -2- December 13, 2022 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. 75.inrely, Guy K. Tower Councilmember GKT/RRI 63 ITEM— VI.I.9d ORDINANCES/RESOLUTIONS ITEM#73619 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinances to DESIGNATE as EXEMPT re Local Property Taxes: d. Junior Achievement of Greater Hampton Roads, Inc. 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 13, 2022 1 AN ORDINANCE TO DESIGNATE JUNIOR ACHIEVEMENT 2 OF GREATER HAMPTON ROADS, INC. AS BEING 3 EXEMPT FROM LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Junior Achievement of Greater Hampton Roads, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Junior 13 Achievement of Greater Hampton Roads, Inc. a charitable organization within the context of§ 14 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Junior Achievement of Greater Hampton Roads, 17 Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on 18 a nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Junior Achievement of Greater Hampton 23 Roads, Inc. for exclusively charitable purposes; 24 25 (b) that each July 1, Junior Achievement of Greater Hampton Roads, Inc. shall file 26 with the Commissioner of the Revenue a copy of its most recent federal income 27 tax return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Junior Achievement of 31 Greater Hampton Roads, Inc. shall file an exemption application with the 32 Commissioner of the Revenue as a requirement for retention of the exempt 33 status of the property; and 34 35 (d)that Junior Achievement of Greater Hampton Roads, Inc. cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day OfDecember , 2022. Requires an affirmative vote of three-fourths of the members of the City Council. OVED ASITO CO T NT: APPROVED AS TO LEGAL SU ICIENCY: commission - gilipe Revenue • ttor ey's Offi • 15647/R-1/No •. •er 8, 2022 64 ITEM— VLI.10 ORDINANCES/RESOLUTIONS ITEM#73620 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION After City Council discussion, Council Member Rouse made a motion, seconded by Council Member Miles, to ADOPT, Ordinance to APPROPRIATE $48,294,167 from the FY2021-22 School Reversion Funds to the Virginia Beach Public Schools FY2022-23 Operating Budget and Capital Improvement Program(Requested by the School Board) Vice Mayor Wilson then made a SUBSTITUTE MOTION, seconded by Council Member Branch, to DEFER TO FEBRUARY 21, 2023, Ordinance to APPROPRIATE $48,294,167 from the FY2021-22 School Reversion Funds to the Virginia Beach Public Schools FY2022-23 Operating Budget and Capital Improvement Program (Requested by the School Board) Voting: 6-4 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, N. D. "Rocky" Holcomb, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Voting Nay: Barbara M. Henley, Delceno C. Miles, Aaron R. Rouse and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: None December 13, 2022 65 ITEM— VLI.10 ORDINANCES/RESOLUTIONS ITEM#73620 (Continued) Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council DEFERRED TO FEBRUARY 21, 2023, Ordinance to APPROPRIATE $48,294,167 from the FY2021-22 School Reversion Funds to the Virginia Beach Public Schools FY2022-23 Operating Budget and Capital Improvement Program (Requested by the School Board) Voting: 6- 4 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, N. D. "Rocky" Holcomb, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Voting Nay: Barbara M. Henley, Delceno C. Miles, Aaron R. Rouse and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: None December 13, 2022 � cplIA.BEAc o� 'L. Cl y of Virgirii a Beach O • 9,F # OF OUR NAT%-I�`' VBgov.cotn PHONE:(757)636-1534 JOHN MOSS JDMOSSC&VBGOV.COM COUNCIL MEMBER-AT-LARGE In Reply Refer to 0079383 December 13, 2022 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to appropriate $48,294,167 of school revision and revenue sharing funds. 2. My wife is employed by Virginia Beach City Public Schools (VBCPS), and I therefore have a personal interest in VBCPS and this transaction. 3. I am abstaining from the City Council's consideration of this item. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance. Sin r 1 . Moss ouncilmember JDM/RRI 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 66 ITEM— VI.I.11 ORDINANCES/RESOLUTIONS ITEM#73621 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council WITHDREW, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Bass Inlet(a/k/a Mill Pond)and an existing five (5)foot drainage and utility easement, located at the rear of 2961 Sand Bend Road re construct and maintain an open sided boat lift with a roof a marginal wharf,a dock and to maintain portions of an existing bulkhead with related bulkhead returns DISTRICT 2 (Formerly District 7—Princess Anne) (Deferred from November 15, 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 13, 2022 67 ITEM— VLI.12 ORDINANCES/RESOLUTIONS ITEM#73622 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, AS AMENDED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachment into a portion of City right-of-way known as Baltic Avenue re construct and maintain an elevated pedestrian bridge approximately thirty-five(35)feet above ground level over Baltic Avenue District 6(Formerly District 6— Beach) 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 13, 2022 1 AN ORDINANCE TO AUTHORIZE TEMPORARY 2 ENCROACHMENT INTO A PORTION OF CITY 3 RIGHT-OF-WAY KNOWN AS BALTIC AVENUE FOR 4 AN ELEVATED PEDESTRIAN BRIDGE 5 6 WHEREAS, The Old Beach Village Company, L.L.C., a Virginia limited liability 7 company(the"Applicant")is constructing a multi-building apartment complex on its property 8 located on both sides of Baltic Avenue, south of 30th Street(GPINs: 2418-91-3390, 2418- 9 91-7239 and 2418-91-3040); 10 11 WHEREAS, the Applicant desires to construct and maintain an elevated pedestrian 12 bridge approximately thirty-five (35) feet above ground level over Baltic Avenue and a 13 portion of a public drainage easement to connect the apartment buildings(the"Temporary 14 Encroachment"); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 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 §§15.2-2009 24 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its assigns and 25 successors in title are authorized to construct and maintain the Temporary Encroachment 26 within the airspace over a portion of Baltic Avenue and a portion of public drainage 27 easement, as more specifically shown on the exhibit entitled: "EXHIBIT 'A' SHOWING 28 AREA OF ENCROACHMENT FOR PROPOSED ELEVATED PEDESTRIAN SKYBRIDGE 29 OVER BALTIC AVENUE FOR OLD BEACH VILLAGE APARTMENTS VIRGINIA BEACH, 30 VIRGINIA", dated February 24, 2021 (consisting of 2 pages), and further shown on the 31 concept drawing, dated December 17, 2020 (consisting of 3 pages). The exhibit and 32 concept drawing are attached hereto as Exhibit A, and on file in the Department of Public 33 Works and to which reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachment are expressly 36 subject to those terms, conditions and criteria contained in the agreement between the City 37 of Virginia Beach and The Old Beach Company, LLC (the "Agreement"), an unexecuted 38 copy of which has been presented to the Council in its agenda, and will be recorded among 39 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as The Old Beach Village Company, L.L.C. and the City Manager or his authorized 46 designee execute the Agreement. 1 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the13 t h day of 48 December , 2022 . { APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: "d'A 41, PUBLIC WORKS, REAL ESTATE CITY ATTORNEY CA15821 Ilvbgov.comldfs 1 lapplications\citylawlcycom321wpdocs\d001\p039100849553.doc R-1 Prepared: 12/2/22 2 {} 8 EXHIBIT A (Page 1 of 5) �, Nye. ,*7`31 it >Y , PIRGI /A STA 9,1 �h� �j��F �S9F� SOUTH zor� S1 '�� \ NADCNA S PIAAIE '`° •op. A9 /93 HAW' TES, 0 ! SEE SHEET 2 FOR '9sr- �� PROPERTY OWNER V,h• INFORMATION `— AR. WIDTH PUBLIC `l 4 ��� © �"�-BAINAGE EASEMENT 4of (MB 269, PG 75) N67371,,* cam. �°6� A. i 7.77 /� 7 1' NO INGRESS/EGRESS 3�p\ * /EASEMENT S'�P Tp �'- ;1 (INST. #201 11209001262810) ,? `a �'° (INST. 120111209001262770) ---,,::::---- lir -.(-- i..c f ,.., . --- ...:,.., ,,, 7 S8• • -- S4.14, �� L J iS-............ 4166. ' 3/A1. 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HAVES SHOWING ■II ► �lU Sciences•Surveying AREA OF ENCROACHMENT r■ c', Civil&Environmental Engineering `�" ■■ llib. ■ 5032 Rouse Drive U Lic. No. FOR ■IL4''WP■ Virginia Beach VA 23462 .0 036291 it PROPOSED ELEVATED PEDESTRIAN 1•t. 'III 757-490-9264(0) �o +4, SKYBRIDGE OVER BALTIC AVE FOR 1�fL�= � www.msaonline.com ,� 2/24/21 v PROJ. NO.: 18322 SHEET 1 OF 2 SS'ONAL ��' OLD BEACH VILLAGE APARTMENTS VIRGINIA BEACH, VIRGINIA DATE: 2/24/21 SCALE: 1 A=20' EXHIBIT A (Page 2 of 5) if /k,N\ 4RGIMA ��`� h� `?'7 �'S94♦ any iniiiIANE CIP t�� ` SHADED AREAS INDICATE AREA NApA'NA L. S -co �' OF ENCROACHMENT IN CITY 9 �3�g� HAt OP h / R/W do CITY PUBLIC 9�, ��� EASEMENTS AREA=1,440 SF OR 0.033 AC �- .VAR, WIDTH PUBLIC �l ` ,�, h�1 t r DRAINAGE EASEMENT ��('� (MB 269, PG 75) Nfi2'37'r:" 'P 0 ' 7,77III ,�� J 1' NO INGRESS/EGRESS `�� it., \ / I EASEMENT stReet �,� ke °. i �. 0;1 .�(INST. 120111209001262810) 31Z \ 5•17, 7 (I) . f 20111209001262770) ,„L`k4.1 er, vit f 044:45, 4/f;k,, PAiff' s S8,,_, -.-- 44/1.P ii3. 45-Z;k, ee ,,,_,. Ke- ‹-f 54.4, i .$-R.e .--0„, v.14, 4,,ezla z.00,t4;i.- tie 16,5: ,3, '\a:,-,40 ® ?->O EX/SI1N$' 4. --'\ a-6z' CO THE OLD BEACH VILLAGE RA COMPANY, LLC., PEDESTRIAN BRIDGE A VIRGINIA LIMITED UABIUTY CO. WEST PARCEL ONE °; FFE=4 i.00' • o BALTIC AVE V NE OLD BEACH VILLAGE COMPANY, LLC., (INST. NO. 20051220002038680) VI crl CENTERLINE A VIRGINIA LIMITED UABIUTY COMPANY (INST. NO. 20140822000788980) S ELEV=±6.0' PARCEL W-3 (INST. NO. 20140821000785510) CLEARANCE=35.0' (INST. NO. 20050706001026980) GPIN:2418-91-3040 (INSU.NO. 20111209001262770) #2800 BALTIC AVENUE SPIN:2418-91-3390 AREA = 134,554 SF, OR 3.089 AC 06 AREA = 46,741 SF, OR 1.073 AC ll • 4'94�44, S5 THE OLD BEACH VILLAGE COMPANY, LLC., Q�� �F A VIRGINIA LIMITED UABIUTY COMPANY 22, �32.�(o PARCEL E-1 © 3�. /4L O (INST. NO. 20050706001026980) (INSU.NO. 20111209001262770) SHEET 1 GPIAREA24157 5135 SF, OR 951 1.32 AC BALTIC AVE FOR • £X/STING 0 20 40 COORDINATE BLDG 6 O R AV IMMIIIIMMIIIIINJ TABLE 5-STORY APARTMENT W/ GROUND LEVEL PARKING GROUND;LEVEL BLDGIP AIM 1 INCH = 20 FT I, FFE=9.00' \ 0 E. ,' EXHIBIT 'A' ■�" mini S A P-C C . ■ int III r' SHOWING �� i Vi lo{� F�vironmental Sciences•S�uveying o GRE B. HAYES 'z AREA OF ENCROACHMENT mama i!IU■ Civil& .Fngineering C.) ■��t�►7■ 5032 Rouse Dnve Lk. No. ;'' FOR ■l■/4'MIN Virginia Beach,VA 23462 40 036291 . PROPOSED ELEVATED PEDESTRIAN ■ tiLIIIC 757-490-9264(0) 15 2/24/21 fr SKYBRIDGE OVER BALTIC AVE FOR �-msaonline.com /O � QL,p (;H ��p( /gyp j��jS PROJ. NO.: 18322 SHEET 2 OF 2 NAL VIRGINIA BEACH, VIRGINIA DATE: 2/24/21 SCALE: 1"=20' T ` EXHIBIT A (Page 3 of 5) Ii . I 1 1 j ` 1 • '��:r .��,,, ~ '�e '�.;I �♦ / fit.` !� i "' \• • • : i.....,,, / )I %.• / i • 4r • • ,1- •On ♦• m / I__ • • • k i. 1°' __ , ♦♦♦ •♦♦♦ ice♦♦ -ice -�� xi m Z' e. 0 xi 0 --,/ (7 '• xi rn m 77q �3 . j %:;, ,- m ' : 7 7 Z:ZZ.Z.---- .41i' 7/ _, , '4\1 \ ;>3:-\_ '-.. .. . .f-•,11ris'd")'•-•- ��L�H Op aOp -ov)c� \. __ /JJ dZn C0 •♦ O� r,. Z> - •xi'ro02 \` o " m m _,'3 1\\ •• 0 m'o-1Ca �m \ ' m % Z i !/ \V 11:0 ,\\ \•\ ../rr�� ID \ •\ 'krill t.�. 4 m 0 \\ \, i \ \ Ax \ fir~ \ ,fr R , _ 4 m \ \ ♦ • :'fit \\ \\ ..\: i _:"..,7 . \ \ \ --,- i• \ , . \, \ 141:0 . -:::: .,., A \ i ••,.. _.... , _ , ' r,-- ;216.4.41) 4. -N.' Coljar. ': -it\-::,J. -r'•• 1 \ 73;13 2) '' 1 7Jm -. --� ` lb. I obv,LLC PLAN @ LEVEL 0 - GROUND A E Ve \ }--- _. z 'A , Project number__r 15001 VIA DESIGN i .._.v. - __ 1 2/1 7120 1 Al , OBV2 Drawn by MPC Checked by SAC,Scale ' I in O p; 48'-11" J` - - - • LEVEL 4-51'-8" c. lo 11 i fi! fir1111,1t:7 _ — / / \ \ LEVEL 3- 1 r Fj, c6"ti)./, W 1 !STEEL FRAMED SKYBRIDGE 00 :a - - -� }: ► ---- - -- - - N LEVEL2-30'-4"I 'CONCRETE SUPPORT PIERS i M-.. _ _.__ _—_ I_ _i__- LEVEL 1 - 19-8 Z i 4 i A- - - -- EVEL0-GROUND-9'-0" WI �wa " `- in_ glok., P=� n.. �aita� - - - -------,_ .,_r.:_ ..._ .--,.-.- -,-„..-., -. . FOUNDATIONS -5'-0"j w �i 3 3 s � TO ,------:, .. ..-- . ..,- ,. 0,-0" __11,— -....-i, .-- -Air,.1 -;;;.--1 i 7-- - r=i4+2,41' 4 i- ,..— ,!":""'"'t t 17-ft., .- - SKYB RIDGE ELEVATION-BLDG 3 TO CENTER NTS _- - - ,f. —_ ` (LEVEL 4-51'-8" _ fib. - ._ .. ...:.;...\_••• -.1:••• .:..'.:-:.:;: u ' LEVEL 341 0 STEEL FRAMED SKYBRIDGE '+' ''r'" o LEVEL 27' ...1--' --- :: 1 ic) - _ —.- - - -—-—----- CONCRETE SUPP - �'c} ��,: : ;• -—-—- ORT PIER .�1,-;-' •, _% ' I r :; {:' ILEVELl - 4L6.52 6.15 ----L._JUL. --------- ------ —_—_ ' 0-GROUND/ /1LEvEL tom; T O FOUNDATION Z (I _1 1 I T Di 1 -11 -7SKYBRIDGE ELEVATION-BLDG 4TO CENTER NTS - -- --- -------__ _ .., 0 , 4 EXHIBIT A (Page 5 of 5) 1 (4 z;co .11•Iii ‘ ' "4'7 iiralizt - 1 I . co • • • ! . 1 , ., 7, 11, I 111!--: = 1•E .--- %-; 111:#11,t' -; G") ,117-111. ''::::' ' I / ----., ,mm "Trail -7" i______4- •.. :- 11011 ' ._ . • ' - M 14#11= -‘...:..... 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CA) 4:6. 01 0 " q q —1 .. —1 9 cri —E. tlo 2 6 2 2 f4! .—..- ... ....--. obv,LLC ELEVATIONS A -Project number 15001. Date 12/17/20 A3 VIA DESIGN OBV2 1 Drawn by MPC Checked by SAC Scale - _ . 11-16-22 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THE OLD BEACH VILLAGE COMPANY, LLC, a Virginia limited liability company, ITS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: ALL THOSE certain tracts, pieces or parcels of land lying and being in the City of Virginia Beach, Virginia, as "WEST PARCEL ONE", as shown on that certain plat entitled "RESUBDIVISION PLAT AND 20' LANE CLOSURE OF PROPERTIES STANDING IN THE NAME OF FIRST SECURITY BANK, NATIONAL ASSOCIATION, AS DESCRIBED INDEED BOOK 3642 AT PAGE 257 AND R. S. DICKSON & COMPANY AS DESCRIBED IN DEED BOOK 3657 AT PAGE 307, DEED BOOK 3657 AT PAGE 311 AND DEED BOOK 3732 AT PAGE 2037, LYNNHAVEN AND VIRGINIA BEACH BOROUGHS VIRGNIA BEACH, VIRGNIA", dated May 14, 1997, and revised through April 2, 1998, prepared by Langley & McDonald, P.C., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 269, Pages 71-74; and as "PARCEL W-3" and "PARCEL E-1", CITY RIGHT OF WAY (NO GPIN REQUIRED OR ASSIGNED) GPINs: 2418-91-3040 (2800 BALTIC AVE); 2418-91-7239 (2901 BALTIC AVE) & 2418-91-3390 as shown on that certain plat entitled: "SUBDIVISION OF OLD BEACH VILLAGE VIRGINIA BEACH, VIRGINIA", dated September 20, 2011, prepared by Engineering Services Inc, and recorded in the aforesaid Clerk's Office as Instrument No. 20111209001262770. WHEREAS, it is proposed by the Grantee to construct and maintain an elevated pedestrian skybridge, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Baltic Avenue, 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: 2 A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' SHOWING AREA OF ENCROACHMENT FOR PROPOSED ELEVATED PEDESTRIAN SKYBRIDGE OVER BALTIC AVE FOR OLD BEACH VILLAGE APARTMENTS VIRGINIA BEACH, VIRGINIA", dated February 24, 2021, having a Scale of 1" = 20', and prepared by MSA, P.C., a copy of which is attached hereto as Exhibit A, to which reference is made for a more particular description. Said Temporary Encroachment is further depicted on the elevations exhibit, consisting of 3 pages and attached hereto as Exhibit B. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within one-hundred (180) 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 3 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 and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 4 It is further expressly understood and agreed that the Grantee must obtain and keep in effect commercial general liability insurance with the City as a named insured in an amount not less than $1 ,000,000.00 per occurrence and $2,000,000 aggregate per project, with the City listed as an additional insured. The general liability policy must include products completed operations that extend the Virginia Statute of Repose at least five years. During construction, the general contractor must carry commercial auto liability coverage. 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 5 Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said The Old Beach Village Company, LLC, has caused this Agreement to be executed on its behalf by Jeffrey W. Ainslie, member of The Old Beach Village Company, LLC, a Virginia limited liability company, with due authority to bind said limited liability company. 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. [SIGNATURES ON FOLLOWING PAGES] 6 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 , 2021 , 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 , 2021, 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: 7 The Old Beach Village Company, LLC A Virginia limited liability company By (SEAL) Jeffrey W. Ainslie, member STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by Jeffrey W. Ainslie, member of The Old Beach Village Company, LLC, a Virginia limited liability company. (SEAL) Notary Public Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: SIGNATURE ALEXANDER W. STILES, SENIOR CITY ATTORNEY DATE 8 ,„, , 4,,,Q ./,,, -- ITA 7r V \h� ��r84 AS9,\ SOtJjj� p f ,, .. z & Nqp JNA TE S SHEET'---\SEE 2 FOR '9sri N �� PROPERTY OWNER h �h�o INFORMATION • / AR. WIDTH PUBUC fl :414;.(91 , (o• S2 �NAGE EASEMENT (MB 269, PG 75) 4� N6237i,„ /L,x cO / /7.77' �. / � , �� 1' NO INGRESS/EGRESS ��p\� t, ,, i V EASEMENT 7. s7p 0 S- �o� (INST. #2011120900 262810) \ � ,�� � lir �. 5.1', � (INST. #20111209001262770) ,,e./ 1 f , S - s82,3, 'VI fL��'p� ?gc• 0 165l' -. -4-c'z,,k," \, * ?`i:L. . .....,_ 4,z? 4* ,, 0 -,s�\ 0 i p,: 4`e. � PEDESTRIAN BRIDGE •�o�c FFE=41.00 \Or- CENTERUNE BALTIC AVE EX/S11NG' \R/?' OORDINATE TABLE �� ,?��o aEf6.0' 1 N 3481114.41 E 12219491.04 � -- EASING CLEARAN CE=35.0' 2 N 3481160.66 E 12219500.24 RA 3 N 3481170.41 E 12219499.31 \, 9.�6' 4 N 3481278.36 E 12219515.25 ` 5 N 3481146.86 E 12219568.91 6 N 3481198.19 E 12219576.71 l N9.4�44 h 7 N 3481206.56 E 12219572.97 Q�� £ o 8 N 3481317.87 E 12219607.59 _ 22i `32¢8(0 6 .>>'` SHADED AREA INDICATES AREA ©_— ' 1: ` �q) 6 \ OF ENCROACHMENT IN CITY R/W & CITY PUBUC EASEMENTS . . ��;AREA=1,440 SF OR 0.033 AC Hi b 20 40 BLDG 6 0 imimmil.--- tammuml = 5—STORY APARTMENT W/ GROUND LEVEL PARKING 1 INCH=20 FT GROUND 1 LEVEL BLDG - .1", Op O FFE=9.00' �� '�� A sui �-` _ EXHIBIT 'A' ri:�rr�:r■ M S A, I". . SHOWING ■ali►irk!ow Envrorrnental Sciences•Surveying = GRE !'' B. HAYS O AREA OF ENCROACHMENT r ►c= ■ cil � gineering r�i1irIl'Am!'■ 5032 Rouse Dnve � �, Lic. No. FOR r.1M ARP,■ Virginia Beach,VA 23462 -a 036291 PROPOSED ELEVATED PEDESTRIAN Illtirall: 757-490-9264(0) o �a�`" SKYBRIDGE OVER BAL11C AVE FOR www.msaonline.com 'c� 2/24/21 G PROJ. NO.: 18322 SHEET 1 OF 2 sS'0NA` � OLD BEACH VILLAGE APARTMENTS VIRGINIA BEACH, VIRGINIA DATE: 2/24/21 SCALE: 1 A=20' ' " SrA s OR Asa ,�j. AS P °�� ��'� 'gF `9�`'\\ �N IQN�E DIN f `� SHADED AREAS INDICATE AREA 4• OF ENCROACHMENT IN CITY 999" ARIV ØP , / R/W do CITY PUBLIC ehco EASEMENTS . AREA=1,440 SF OR 0.033 AC /VAR. WIDTH PUBUC FA ht1 Cal \ ip ,DRAINAGE QRAINAGE EASEMENT ` '. N62'37'1," ' #Atrco �� �,0• •� `'�/ii (MB 269, PG 75) air / ,/ 1, NO INGRESS/EGRESS 30 30\ ! ‘ / /EASEMENT 7.0 k e - ( (INST. 20111209001262810) � �� �� 61 ` � ST. 20111209001262770 ,Lek Irtet.. ----........... vilio.vr k-1 ) '7.-----.. -'" Sic'? e1 j� 5823 t-:•h*,e„_ ,-,--.Z,,, o 'mile F s4� ----....5.....?.3, i J ._ �,, p 16 GP --(442.f co,>;al EX/S1 NO 16, CO THE OLD BEACH VILLAGE RAY COMPANY, LLC., PEDESTRIAN BRIDGE A VIRGINIA UNITED UABIUTY CO. c*Q, =41.00' • WEST PARCEL ONE oo a BALTIC AVE ® THE OLD BEACH VILLAGE COMPANY, LLC., . (INST. NO. 20051220002038680) etCENTERUNE A VIRGINIA UNITED UABIUTY COMPANY (INST. NO. 20140822000788980) o ELEV=±6.0' PARCEL W-3 (INST. NO. 20140821000785510) CLEARANCE=35.0' (INST. NO. 20050706001026980) GRIN:2418-91-3040 (INSU.NO. 20111209001262770) #2800 BALTIC AVENUE GPIN:2418-91-3390 AREA = 134,554 SF, OR 3.089 AC 06 AREA = 46,741 SF, OR 1.073 AC • N94�. S5 THE OLD BEACH VILLAGE COMPANY, LLC., \ 44hF A VIRGINIA UNITED UABIUTY COMPANY �„ 232�, PARCEL E-1 22.33, (%q) 63. O (INST. NO. 20050706001026980) © (INSU.NO. 20111209001262770 SEE \ IN:2418-91-7239, #2951 BALTIC AVE SHEET 1 ( �-. in'r? AREA = 57,535 SF, OR 1.321 AC FOR COORDINATE 0-ir - EX/STING 0 20 40 BLDG 6 RAY INVINEMMENEJ TABLE 5-STORY APARTMENT W/ GROUND LEVEL PARKING GROUND;LEVEL BLDG m 1 INCH = ZO FT TY Op FFE=9.00' Q f EXHIBIT 'A' ■a_'' ■ ■■ M SA, P-C _ �` SHOWING ■�1►�/,i mg. Earvi onmentai Sciences•Su veying o GRE I� B. HAYES ' AREA OF ENCROACHMENT MIMI 1S�c Civil& Engineering ■uuvi�. ■ 5032 Rouse Dnve V Lic. No. a FOR u•1I�.�OCIR Virginia Beach, VA 23462 036291 �� �■Gc�cc PROPOSED ELEVATED PEDESTRIAN I `■ll 757-490-9264(0) SKYBRIDGE OVER BALTIC AVE FOR � www.msaoniine.com o��S 2/24/21 �G � OLD BEACH vLLAGE APARTMENTS PROJ. NO.: 18322 SHEET 2 OF 2 %NAL VIRGINIA BEACH, VIRGINIA DATE: 2/24/21 SCALE: 1"=20' EXHIBIT B (Page 1 of 3) ' •'` / ' ` `_� ' Pil • • , f - i ,111;ill%V ...:7 • • • 71%11.%" • X• i...„. / • • ,,i • - Vv • / , •• 4. • e.'°°°tir:' --1 2 , ,,,,, ,..,- • • • .•- ,,,-• , .„ 4::: .,.... ... :..;-4,..-:::, • i( ,e0_,, 17 CO 0 - es,(.......),Q • • _ mcp �• �. �' • o xi - - - o c$-/ ,( e ... '..., Iv/ ,..) -- , .. m 27 N.• �T m uf.4 .&...../...f# A • . t ` - O =�,THOF NCO 'vcn \ 49' I,is. r nxrZti \\ e yy 73 0-7 E r o m m \t \\\ i U _ v-Ia) m \t \ m lc) Z =x, r tt \ ‘L(*.: :',..ide -1 cn Q tt tt t+, t t p •t • • uA0 t \ '0 • • 1 1` F `\ tt % m \ \ ` t \ s• \ \ r \ t • \` ;i i t t \ ,:::4 . . —::: ': L- •' _ tt \t 'y `: \ 1 r \ , i nry...7,--*. 4,111, . , , , , : iii c 0 1 r \_ L-1 - ' ' aft I-I obv,LLC -1 PLAN @ LEVEL 0 -GROUND A Sair \ i Project number 15001 VIA DESIGN -Date 12/17/20 Al OBV2 Drawn by MPC Checked by SACl Scale • _ .„... . ‘,.. .•'''' - cv i cu • i LEVEL 4-511-8" __ 111111 t. • _ ____ eel - a. 11111 11 f , k , 1 ..... co ca E 4 I I i ' \, " 1 i LEVEL 3-411-0" ,. _ t..• , •,..-......, -wo 01 r, i STEEL FRAMED SKYBRIDGE I 'LEVEL 2-301-4"I Miro 3 f ICONCRETE SUPPORT PIE-R-Sl_t A .1 t I 1 . 11 , ..? 'LEVEL 1 -19'-8"1 CO Z 0 t __ 11 1 e.' t .S• 1 1 Lrx 2 41. ,...... .,t I , LEVEL 0-GROUND-9'-01 'M a! I 1 _____ • . . - T.O.FOUNDATIONS -51-0" --I .r% Et.c __ .. ---- ••------- • 4, U.I a_ Co CI 0 .--- ,, SKYBRIDGE ELEVATION-BLDG 3 TO C-ENTER 1 NTS LEVEL 4-5118" 1 - , I I dii 11 .11 ii 1 iiiii7 . \ \ ia _ _LEVEL 3-4t-Ou I --1 N CO :I 0 - I _ ...::.;77. =3'7 9 LEVEL 2- (STEEL FRAMED SKYBRIDGE I --4:!,:tifj-''''''''1..:7;.• '. •,... '-'4 301-4" ....4.:',-..... L______ __ (CONCRETE SUPPORT PIER I \c•,....;-:'..1":•:'::*•-::\-:::•1 C..-. - ....• LEVEL 1 - I c•••': r.-- / -*-'•1.--i:::.!:.'-•• 6.61 TC --- s,...:.: ,I,...:. 6.52 6.15 __ '. lint V...'''• .1.- LEVEL 0-GROUND-9'-0" — —-—-—-—- "7.. ." -••••,••,-, T.O. OUNDATIONS -51-0" Z —- -III il.FLIV ill-- i 1 • I 1 • " —--7--. rnit6 -1 ii • IP= ,,,,A=i1E--u . . ..---, - - =limumii. cltHou=4"ifou*A. irr-lipi oi-o" <-' to F=1;1=1. .1i ii-.161-4 .ffe111-41M1i--1--- '-114-1#111.=1:-. _ - ... i.... ' • L.... • .......i 6.• '6., " 6.1 in 1 2 ISKYBRIDGE ELEVATION=BLDG 4 TO CENTER c- 0 I NTS - 00 . - _ EXHIBIT B (Page 3 of 3) . w remit I fj zl CTn cl ! I I CO I v - `- (i m !!Ff f �� lli _1,r z • '4 1,': _iir_ I 0 1I0i' I :-i- :I'' . I I Irk � � I 1 rn 11#V-11. I. IV 0 I I m .11=1.i 11 -411-1 I='. I I I � � . I I -'I I �� I i QI � 1 r; 2, i I Z I m ..� II =�" I 73 INM ° IT-F. I I co 1 m ill s -'C I "SI o - I I � I co IP ; i 1 I -ui 11 u IT 'Ca" I . I i I r= I 1 1 m I I _I �_ -* 1-f1 I J-r` -, : a Ire es,:.0 t..z.'s;:.4:::;‘-;-:. .::•"4: IP' - - i1 71 Z: ••Q —: is -�.'z:. 1 --, -n - b COr r r '11 m' �AL'T �F ,/ II] ' D O ' g II m m O err. _1Cr r r r r I .Z0f t , I 0 A. A';IE r� ,c21 0 (0 o — u a b oo !. o co '- 4' . _. addrele •c►:C - jiteli I obv,LLC ELEVATIONS A N.A4r. \, : Project number 150011 Date 12/17/201 A3 1 VIA DESIGN Drawnb OBV2 _ - -- - MPC — � �_. Checked by SAC Scale 68 ITEM— VI.I.13 ORDINANCES/RESOLUTIONS ITEM#73623 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER$2-Million from Capital Project#100048, Burton Station Road III,"to Capital Project #100635, "Corporate Landing Business Park,"re allow the advancement of the construction of infrastructure within the Corporate Landing Business Park 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 13, 2022 1 AN ORDINANCE TO TRANSFER $2,000,000 TO CAPITAL 2 PROJECT #100635, "CORPORATE LANDING BUSINESS 3 PARK INFRASTRUCTURE," IN THE FY 2022-23 CAPITAL 4 IMPROVEMENT PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $2,000,000 is hereby transferred from Capital Project #100048, "Burton Station 10 Road III," to Capital Project #100635, "Corporate Landing Business Park," to allow the 11 advancement of the construction of infrastructure within the Corporate Landing Business 12 Park. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 t h day of December , 2022 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: krymill•Vir Budget and Management Services me 0 ce CA15995 R-1 November 30, 2022 69 ITEM— VLI.14 ORDINANCES/RESOLUTIONS ITEM#73624 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER$431,750 from the General Fund Reserve for Contingencies to the FY 2022-23 Voter Registration and Elections Operating Budget re fund anticipated costs of the January 10, 2023,Special Election Voting. 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Delceno C. Miles, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Aaron R. Rouse Council Members Absent: None December 13, 2022 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES FOR 3 THE JANUARY 10, 2023, SPECIAL ELECTION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 6 VIRGINIA: 7 8 That $431,750 is hereby transferred from the General Fund Reserve for 9 Contingencies to the FY 2022-23 Operating Budget of Voter Registration and Elections 10 to fund anticipated costs of the January 10, 2023, special election. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 t h day of December , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4-11A Aksa4,141 --, Budget and Management Services or y's Office CA15990 R-1 November 28, 2022 �����141t�8 04 4 se Ci of Virginia B each 8 OF OUR NA�044 VBgov.Com AARON R.ROUSE CELL:(757)319-7398 COUNCIL MEMBER EMAIL: arouse@vbgov.com AT LARGE Refer to File No. 0079386 December 13, 2022 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to transfer $431,750 from the General Fund Reserve for Contingencies to the FY 2022-23 Voter Registration and Elections Operating Budget to fund anticipated costs of the January 10, 2023, Special Election. 2. The Special Election will fill a vacancy for the Virginia State Senate, 7th District, and I am a candidate for that office. 3. I have chosen to abstain from participating in the City Council's consideration of this item. Please record this declaration in the official records of the City Council. Thank you. Sincerely, A n R. Rouse Councilmember ARR/RRI 2401 COURTHOUSE DRIVE, SUITE#2116,VIRGINIA BEACH,VIRGINIA 23456 70 ITEM— VLI.15 ORDINANCES/RESOLUTIONS ITEM#73625 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$2,404,940.98 from the Federal Emergency Management Agency(FEMA) to the FY 2022-23 Fire Department Operating Budget re reimbursement of costs for the deployment of the Virginia Task Force 2 Urban Search and Rescue team members in response to Hurricane Ian 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 13, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR THE DEPLOYMENT OF VIRGINIA TASK 3 FORCE 2 URBAN SEARCH AND RESCUE TEAM FOR 4 HURRICANE IAN 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $2,404,940.98 is hereby accepted from the Federal Emergency Management 10 Agency and appropriated, with federal revenue increased accordingly, to the FY 2022-23 11 Operating Budget of the Virginia Beach Fire Department for costs associated with the 12 Virginia Task Force 2 Urban Search and Rescue Team deployment in response to 13 Hurricane Ian. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th 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: 0/lu.: ChiTtta) L.I„) , Budget and Management Services City rney s Office CA15997 R-1 November 30, 2022 71 ITEM— VLL16 ORDINANCES/RESOLUTIONS ITEM#73626 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, AS CORRECTED, BY CONSENT, Ordinance to APPROPRIATE $1,212,000 from the Tourism Investment Program(TIP)Fund to Capital Project#100145, "Atlantic Park Entertainment Venue"re meet estimated construction cost and building code requirements 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 13, 2022 CORRECTED VERSION 1 AN ORDINANCE TO APPROPRIATE $1,212,000 FROM 2 THE FUND BALANCE OF THE TOURISM INVESTMENT 3 PROGRAM FUND TO CAPITAL PROJECT #100146, 4 "ATLANTIC PARK ENTERTAINMENT VENUE," TO MEET 5 ESTIMATED CONSTRUCTION COST AND BUILDING 6 CODE REQUIREMENTS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 $1,212,000 is appropriated from the fund balance of the Tourism Investment 12 Program Fund to the FY 2022-23 Capital Improvement Program as pay-go to Capital 13 Project #100146, "Atlantic Park Entertainment Venue," to fund $462,000 in additional 14 construction costs and $750,000 for a stage and related fire suppression features. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 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: "l-'l 11 %L-Ct, B dget and anagement Services l---- r 's Office CA16001 R-2 December 13, 2022 U\fl'•B 4 Cl ty Of Virgiril a $ea.C11 99�s 5, of. OUR Roo NBgOV COM GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH December 13, 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 an ordinance to appropriate $1,212,000 from the fund balance of the Tourism Investment Program Fund to Capital Project #100145, "Atlantic Park Entertainment Venue" to meet estimated construction cost and building code requirements. 2. This ordinance is in furtherance of a development agreement between the Virginia Beach Development Authority and developer Atlantic Park, Inc.. The developer has previously disclosed that Kaufman & Canoles is its legal services provider. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 211 43`d STREET,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Amanda Barnes -2- December 13, 2022 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. inc rely, (-- i ''' Gu K. Tower Councilmember GKT/RRI 72 ITEM— VLJ.1 PLANNING ITEM#73627 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of ORP VENTURES, LLC for a Variance to Section 4.4(b)of the Subdivision Regulations re subdivide two(2)lots and to construct two(2),two(2)story single family dwellings located at 820 24`h Street DISTRICT 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ORP VENTURES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two(2)lots and to construct two(2), two (2) story single family dwellings located at 820 24th Street (GPIN 2417787863)DISTRICT 6(Formerly District 6—Beach) The following conditions shall be required: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Improvement Plan for Preliminary Subdivision of Lot B Block 10", prepared by WPL, dated August 30, 2022, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the site is redeveloped, the building exteriors shall substantially adhere to the renderings shown on pages 8 and 9 of this report, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The proposed lots B-1 and B-2 shall only be developed with one single-family residence on each lot. 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 13`h 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 13, 2022 24ti" Sir At8 i eet 24th Str eet Ft:5D R47.5 R5D P1 r A Site •A ORP Ventures, LLC w.�� '' Property Polygons Zoning 820 24th Street s Building Feet 0 510 20 30 40 50 60 73 ITEM— VI.J.2 PLANNING ITEM#73628 The following registered to speak: Eddy Bourdon,Attorney representing applicant, 4429 Bonney Road Suite 500, Phone: 965-5015, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Steven Glazer, 5301 Wisconsin Avenue NW, Suite 740, Washington DC, Phone: 202-487-1049, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Branch, City Council APPROVED,AS MODIFIED,AS PROFFERED,AS CONDITIONED,application of COURTHOUSE MARKETPLACE STATION, LLC & HARRIS TEETER PROPERTIES, LLC for a Modification of Proffers to a Conditional Rezoning and a Conditional Use Permit re automobile service station at 2500 Nimmo Parkway DISTRICT 2 (Formerly District 7—Princess Anne) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA COURTHOUSE MARKETPLACE STATION, LLC & HARRIS TEETER PROPERTIES, LLC for a Modification of Proffers to a Conditional Rezoning and a Conditional Use Permit re automobile service station at 2500 Nimmo Parkway (GPIN 1494632180)DISTRICT 2 (Formerly District 7—Princess Anne) The following conditions shall be required: Modification of Proffers to a Conditional Rezoning An Agreement Encompassing Proffers Shall Be Recorded with The Clerk of Court Conditional Use Permit 1. When the site is redeveloped, the site layout shall be in substantial conformity with the conceptual site plan entitled, "Harris Teeter Fuel Center #239 Courthouse Marketplace Virginia Beach, Virginia,"prepared by Kimley-Horn,and dated July 07,2022,a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The exterior of the proposed kiosk building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations/renderings entitled, "Harris Teeter Fuel Center#239 Courthouse Marketplace Virginia Beach, Virginia,"which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development, and as approved by the Historical Review Board under Certificate of Appropriateness#22-07. 3. When the site is redeveloped, the site shall be landscaped in substantial conformity with the conceptual landscaping plan entitled, "Harris Teeter Fuel Center #239 Courthouse Marketplace Virginia Beach, Virginia, EX-1"prepared by Kimley-Horn, and dated July 07, 2022, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. A landscaping plan shall be submitted during detailed site plan review. December 13, 2022 74 ITEM— VI.J.2 PLANNING ITEM#73628 (Continued) 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting fixtures mounted on buildings and poles as well as the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 5. A brick monument type sign shall be installed in accordance with the City Zoning Ordinance and the Site Plan Ordinance. The sign shall substantially adhere in appearance, size and materials to the exhibit entitled, "HT#259 Fuel Center 2476 Nimmo Parkway Virginia Beach, VA 23456" dated July 05, 2022, prepared by Casco Signs Incorporated, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development 6. Prior to the commencement of any land disturbing activity, a stormwater plan shall be submitted for review and approval by the Development Services Center. 7. The final stormwater plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis, unless otherwise approved by the DSC, using the same basis of design that includes increased rainfall amounts and consideration for sea level rise. 8. A minimum of one oil/water separator shall be installed on the site to prevent sediments from being discharged into the stormwater facility. 9. Parking above the maximum number of spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9)of the Zoning Ordinance. 10. No outdoor vending machines and/or display of merchandise shall be permitted. Outdoor vending machines or merchandise display shall be screened from view of Nimmo Parkway by a brick enclosure or landscaping as approved by the Director of Planning. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13th day of December Two Thousand Twenty Two. December 13, 2022 75 ITEM— VLJ.2 PLANNING ITEM#73628 (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 13, 2022 / 0 , 4S, . o / e NN NN*,N N O. -,Nfr,,N'NisI N.0 NN,,' N, \ o ‹Zf At NN \/9, 32 C/ N,--- �s B2 60c ,�' o 0 40/ ,7/,\ o B1 c / ,v 4f,/, N t._. - AG,1 N r A Site w (�,-�, r Property Polygons Harris Teeter Properties, LLC & 0, Zoning Courthouse Marketplace Station, LLC s Building 2500 Nimmo Parkwayt Feet 012.T5 50 75 100 125 150 76 ITEM— VLJ.3 PLANNING ITEM#73629 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, application of AT ASSOCIATES, LLP for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales, rental, and service at 2717 Virginia Beach Boulevard DISTRICT 3 (Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AT ASSOCIATES,LLP for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales, rental, and service at 2717 Virginia Beach Boulevard(GPIN 1497447924)DISTRICT 3 (Formerly District 6 —Beach) The following conditions shall be required: 1. All conditions attached to the previous Conditional Use Permit granted on February 8, 2005, are hereby deleted, and superseded by the following conditions. 2. The site shall be developed substantially in accordance with the submitted site plan entitled BEACH FORD MAINTENANCE BUILDING, 2717 Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by MSA P.C. Architecture and Engineering, dated August 17, 2022. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. The proposed building shall be constructed substantially in accordance with the submitted architectural renderings entitled "BEACH FORD FLEET MAINTENANCE", prepared by MSA PC. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 4. Landscaping for the project shall meet the requirements of the Site Plan Ordinance for foundation landscaping,street frontage landscaping, and interior parking lot and display area landscaping. 5. All existing landscaping on the property shall be retained and maintained. 6. No outdoor speakers or public address system shall be permitted. 7. No motor vehicles shall be displayed on raised platforms. Vehicles shall be parked within the designated display areas. No vehicles shall be parked within any portion of the public right- of-way. 8. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 9. There shall be no outside storage of equipment,parts, tires, or materials. December 13, 2022 77 ITEM— VLJ.3 PLANNING ITEM#73629 (Continued) 10. No motor vehicle repair work shall take place outside of the building. 11. No advertising banners, streamers, balloons,pennants, or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess of four(4)square feet installed or displayed on the exterior or interior of the windows of the building. 12. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning& Community Development is required for any new signage installed on site. 13. All outdoor lights 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. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 14. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all poles mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America along with requirements of the City of Virginia Beach lighting ordinance. 15. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 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 13`h 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 13, 2022 099 0SS Ott 0££ 0ZZ 0[1.99 0 Taal 6uiplin9 J Aa no aea e!u!6ai 6u!uoz Ns- \ p � 9'u 8 .l� 1 �LZ suofi�(lod �(padoad , ,�1\ ,.,,t, dii saleiaossd iv aps r A L I—l_Z9-Jr (1711- ZO \\-30- ClilX-tiSN= l N< .111§116\) —V /- -- --- I ,- Z O Q t 0 Vl OI o ■ o I Z8 0\ \ 3\1 [� o C 0 , II o 0 o ' I,I \ o \o ; -""v4r 7 c, . t___ . _pp , D _______ Q d / ‘`;0, c? \-.4.0 ?, .c) PO U D 0 I 1 / r Zilc 6' t7-' '''C '-% 'i° d4 V / i•lt:;t)('< - a c\> • ° / / \ p_r- -. /) ,/ \OA tOti V.\9), e1 a (24. Air �, dO c' ,,c)-1° 0 '0, 0 / 0 /0 ZI9' 'law\ \„ \, ?. 19. \,),._,..,p O 49, .c .`-' , 00 ' ,/\s6 ' Q vefr � �. 0 61.11N" p- ' ,_ , ), ZkEl, 6; ,,,,.. ) _„ ,)). z Pe , v440-,e , 44# J , ,i ' i __ 0 'c3:.. 706:-& \° ,,,,..,, it", yo, , --- 0 rils - ' ( 0 .0` -,_. 4 .,,, , �jj /,� of�Zr - 4•14:411, 0*\ 'S, _ .II� �� � ° 0 C-� o Z9 - o ti i Z8 d�,8 5 �2� iii:. ,,,cylk Z9 78 ITEM— VLJ.4 PLANNING ITEM#73630 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED,BY CONSENT,application of NIKOLA GEORGIEV for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1305 DISTRICT 5(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NIKOLA GEORGIEV for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1305(GPIN24273224032370)DISTRICT 5 (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1305 and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. a) The dwelling unit shall comply with all required Fire and Building code requirements. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number ofpeople who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one(1)hour. December 13, 2022 79 ITEM— VI.J.4 PLANNING ITEM#73630 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least$1- Million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31- 28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each Short Term Rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16,provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). December 13, 2022 80 ITEM— VLJ.4 PLANNING ITEM#73630 (Continued) 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13`h 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 13, 2022 OR OR � 4th Street et /1 sire ccv-; 'R p / R OR11, cv ' 02) OR / gst- .4„) � m 3rd Street Q OR s\ _ O,R N r Site �, � is Property Polygons Nikola Georgiev 303 Atlantic Avenue, Unit 1305 Zoning Building Feet 0 15 30 60 90 120 150 180 81 ITEM— VLJ.5 PLANNING ITEM#73631 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED,BY CONSENT,application of 20810`"STREET,LLCfor Conditional Use Permits re short term rentals at 945, 949, 953, 957, 961, 965 Pacific Avenue DISTRICT 5 (Formerly District 6— Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 20810t STREET,LLCfor Conditional Use Permits re short term rentals at 945, 949, 953, 957, 961, 965 Pacific Avenue (GPIN 2427242573) DISTRICT 5(Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling units addressed as 945, 949, 953, 957, 961 and 965 Pacific Avenue, and the Short Term Rental use shall only occur in the principal structures. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within each unit must remain a minimum of nine (9)-feet by eighteen (18) - feet, contain a minimum eight (8) -foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. An additional five (5) parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. December 13, 2022 82 ITEM— VLJ.5 PLANNING ITEM#73631 (Continued) 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one(1)hour. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least$1- Million. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31- 28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. December 13, 2022 83 ITEM— VLJ.5 PLANNING ITEM#73631 (Continued) 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16,provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve(12) months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three (3)years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. December 13, 2022 84 ITEM— VLJ.5 PLANNING ITEM#73631 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13`h 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 13, 2022 Pr \ \ O 111.1j111911111_ OR Street 10111 ,_ -- OR \\yr ; \ OR R5S -o OR le , c '', 0, ... \, co 5 \\ di OR \ c \ co 1 S I \ , __ _ co th 9 N r„ Site W. F, Property Polygons 208 10th Street, LLC • V Zoning 945, 965, 961 , 957, 953, 949 Pacific Avenue S Building Feet 012.25 50 75 100 125 150 85 ITEM— VI.J.6 PLANNING ITEM#73632 Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED,BY CONSENT, application of HOST MY HOME,LLC/DAVID DOWDY for a Conditional Use Permit re short term rental at 529 22nd Street DISTRICT 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA HOST MY HOME,LLC/DA VID DOWDY for a Conditional Use Permit re short term rental at 529 22nd Street (GPIN 2417986545)DISTRICT 6 (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 529 22nd Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one(1)hour. December 13, 2022 86 ITEM- VLJ.6 PLANNING ITEM#73632 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least$1- Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31- 28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. December 13, 2022 87 ITEM— VLJ.6 PLANNING ITEM#73632 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16,provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three(3)years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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 13th day of December Two Thousand Twenty Two. December 13, 2022 88 ITEM— VLJ.6 PLANNING ITEM#73632 (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 13, 2022 lipR5D Ha1f Stre t 2211d ---------- 1 1 � Orillik, �-i i d Street 2211 )----________-- 0,R r A Site W." E Property Polygons Host My Home, LLC �1 O Zoning 529 22nd Street s Building iNDiniFeet 0 510 20 30 40 50 60 89 ITEM— VLJ.7 PLANNING ITEM#73633 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED,BY CONSENT, application of JD ENTERPRISES VA,LLC/LOROM,INC.,for a Conditional Use Permit re short term rental at 51219`h Street DISTRICT 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JD ENTERPRISES VA, LLC/LOROM, INC.,for a Conditional Use Permit re short term rental at 512 19`h Street (GPIN 2427070312) DISTRICT 6(Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 512 19`h Street. Additionally, the Short Term Rental use shall only occur within this dwelling unit. 2. An annual(yearly)Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. a) The dwelling unit shall comply with all required Fire and Building code requirements. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one(1)hour. December 13, 2022 90 ITEM— VLJ.7 PLANNING ITEM#73633 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least$1- Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31- 28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each Short Term Rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16,provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). December 13, 2022 91 ITEM— VLJ.7 PLANNING ITEM#73633 (Continued) 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13`h 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 13, 2022 OR .„--------_" st reef th 19 OR OR \ 1 OR \ 011 Ai i _...... OR ,111 N r i, Site wAhF Property Polygons JD Enterprises VA, LLC ``y Zoning 512 19th Street s Building Feet 0 510 20 30 40 50 60 92 ITEM- VLJ.8 PLANNING ITEM#73634 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED,BY CONSENT, application of JD ENTERPRISES VA,LLC/LOROM,INC.,for Conditional Use Permits re short term rentals at 51619`h Street- Units Al,A2, A3, A4, B1, B2, B3, B4& 51819fh Street, Units Al, A2,A3,A4, B1, B2, B3, B4 DISTRICT 6 (Formerly District 6-Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JD ENTERPRISES VA, LLC/LOROM, INC., for Conditional Use Permits re short term rentals at 51619`h Street- Units Al,A2,A3,A4,Bl, B2,B3, B4& 51819`h Street, Units Al,A2,A3, A4, Bl, B2, B3, B4(GPIN 2417979219) DISTRICT 6(Formerly District 6-Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling units addressed as 516 19`h Street, Unit Al, A2, A3, A4, Bl, B2, B3, &B4, and 51819`h Street, Unit Al, A2, A3, A4, B1, B2, B3, &B4.Additionally, the Short Term Rental use shall only occur within each dwelling unit listed. 2. The Short Term Rental located at 51619`h Street Unit Al shall consist of only one bedroom. 3. An annual(yearly)Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellings for Short-Term Rental purposes. a) The dwelling units shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one(1)hour. December 13, 2022 93 ITEM— VLJ.8 PLANNING ITEM#73634 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least$1- Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31- 28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16,provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). December 13, 2022 94 ITEM— VLJ.8 PLANNING ITEM#73634 (Continued) 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve(12)months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 20. Prior to approval of any Department of Planning and Community Development Short Term Rental Zoning Permit associated with the subject addresses, a new Certificate of Occupancy must be obtained from the Building Official and the structures must be consistent with the applicable requirements of the Fire and Building code. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13`h day of December Two Thousand Twenty Two. December 13, 2022 95 ITEM— VLJ.8 PLANNING ITEM#73634 (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 13, 2022 96 ITEM— VLK APPOINTMENTS ITEM#73635 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 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 13, 2022 t Scree 19th kjçrf/ II: OR OR OR N Site w &—E Property Polygons JD Enterprises VA, LLC .W. Zoning 516 19th Street - Units Al , A2, A3, A4, Bl , B2, B3, B4 & Building 518 19th Street, Units Al , A2, A3, A4, B 1 , B2, B3, B4 Feet 0 510 20 30 40 50 60 97 ITEM— VI.K APPOINTMENTS ITEM#73636 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: SEAN MONTEIRO NINA RUIZ VALERIE GRISSOM LATONYA FERGUSON Three year term KRISTINE CAALIM ANNABELLE PATHRATH MICHAEL KELLY CHARLES FROST Two year term PHILIP KAZMIERCZAK CORINNA CRA VER JAMES LEACH One year term INDEPENDENT CITIZEN REVIEW BOARD * In accordance with the City of Virginia Beach Independent Citizen Review Board Policy and Procedures,these appointments are conditioned on each appointee's completion of required training,at which time the appointee's term will begin. 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 13, 2022 98 OLD BUSINESS ITEM#73637 Mayor Dyer opened the floor for the outgoing Council Members to make comments. Council Member Moss expressed it is a blessing to be born an American and it has been the most gratifying and humbling honor and privilege to serve the City's residents. It is the residents, business leaders and volunteers, not the Body, who make the City good and there is much goodness here. Council Member Moss advised he has served only the residents, not the Body, City Manager or special interest groups, and extended his appreciation to them for electing him three times. Council Member Moss advised he respects the voters who did not re-elect him with grace and wished Council Elect Schulman the best. Council Member Moss commended City Manager Duhaney for his work and expressed he is the best City Manager the City has had. Council Member Moss closed his comments by expressing his most appreciation to his family for their continuous support and looks forward to spending more time with them. Council Member Branch advised he wanted to share a few of the accomplishments over the past year of his service on the Body. Council Member Branch advised the City has continued moving forward since coming out of the pandemic stronger than most cities and believes the two most important tasks the Body does each year is their contribution during City Council Retreats and finalizing the budget. During the Retreat this year, the step plan was developed to provide the largest compensation package for the workforce in the City's history, adding the Police Department has the lowest vacancy rate he has seen since serving on Council. Council Member Branch advised another aspect to serving on the Body has been his work with several Boards and Commissions and shared highlights of the renewed Open Space Advisory Committee, improvements to the TIP Fund through the efforts of the Resort Advisory Commission and serving on the Atlantic Park Development Authority which is the largest public private partnership in the City's history that will be instrumental in connecting 191" Street corridor to the VIBE District and beyond. Council Member Branch believes the City is in better shape now then when he started and expressed his appreciation to the Members of the Body who appointed him as well as all of the staff. Council Member Rouse expressed his appreciation to City Staff for their work and to his colleagues, advising that although there may be differences of opinions, he respects each of them. Council Member Rouse shared his experience as a young man working for the City as a custodian and understands the hard work they and other staff do and is why he worked to increase salaries while serving on Council. Council Member Rouse expressed his appreciation and pride in his wife who will be become the District 10 representative. Council Member Rouse expressed his appreciation to the residents who elected him and believes they will be in great hands next year. Council Member Tower expressed his appreciation to the thousands of City employees who are rather anonymous but are in his thoughts and heart as the Body works to represent them in the best way possible. Council Member Tower thanked the voters who elected him in 2019 and is hopeful they will support Council Member Elect Remick as much as he represents District 6. Council Member Tower also expressed his appreciation to his colleagues who are a very supportive and respectful group that many other localities do not have, adding how much his relationship with both Council Members Branch and Moss has meant to him as they have always been helpful and supportive in decisions involving the Resort Area. Council Member Tower closed his remarks by expressing his appreciation to City leadership who support the Body. December 13, 2022 99 OLD BUSINESS ITEM#73637 (Continued) Council Member Miles expressed her appreciation to God who equipped her to lead as well as her colleagues for allowing her to serve. Council Member Miles advised her commitment to the City will continue and asked the newly elected Council Members to consider her a resource. Council Member Miles expressed her appreciation to City Staff who do a phenomenal job, they are talented and valued and while they can work anywhere, they choose to work for this City. Council Member Miles further expressed her appreciation to City Manager Duhaney for his leadership and how well he is moving the City forward. Mayor Dyer expressed his appreciation to the outgoing Council Members and considers them as family. Mayor Dyer advised the Body has gone through difficult times and while this is an eclectic and diverse group with differences in age, race,political ideology and philosophy, when the time came for the Body to act, they all came together in unity. What makes a great City are the people and this is a great City that is safe, very well managed and with so much to be proud of Mayor Dyer again expressed his appreciation to the Council Members who will be leaving and welcomed the newly elected Council Members who will join the dais in January. December 13, 2022 100 ADJOURNMENT ITEM#73638 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 10:08 P.M. Terri H. Chelius Chief Deputy City Clerk anda Barnes, C Robert M. Dyer City Clerk Mayor December 13, 2022