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Home My WebLink About1-3-2023 SPECIAL AND FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large r,lN1N•88q VICE MAYOR ROSEMARY WILSON-District s S4r- •.80$'y, HBCHAEL F BERLUCCHI-District 3 0�� -�ky'� BARBARA M.HENLEY-District 2 N. , ' .2 D. "ROCKY"HOLCOMB-District 1 1.\;, S ROBERT W. "WORTH"REMICK-District 6 . u n m� DR.AMELIA N.ROSS-HAMMOND-District 4 asgy�,�:, ,a// JENMFER ROUSE-District 10 '+sa„a JOASHUA F. 'JOASH"SCHULMAN-District 9 �',o CHRIS TAYLOR-District 8 SABRINA D.WOOTEN-District? CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH,VIRGINIA 23456 CITY ATTORNEY-MARK D.STILES CITY COUNCIL PHONE:(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDON S REMIAS SPECIAL SESSION AGENDA EMAIL:CI7YCOUNCILQVBGOV.COM CITY CLERK-AMANDA BARNES January 3,2023 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. SPECIAL CEREMONIAL FORMAL SESSION -City Council Chamber- 2:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer 1. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ROLL CALL OF CITY COUNCIL D. CEREMONIAL ORGANIZATION OF VIRGINIA BEACH CITY COUNCIL Presiding: The Honorable James Clayton Lewis Chief Judge,Virginia Beach Circuit Court Barbara M. Henley—District 2 N.D. "Rocky" Holcomb—District 1 Robert W. "Worth"Remick—District 6 Dr.Amelia N. Ross-Hammond—District 4 Jennifer Rouse—District 10 Joashua F. "Joash" Schulman—District 9 Chris Taylor—District 8 E. ELECTION OF VICE MAYOR F. OATH OF OFFICE—VICE MAYOR Presiding: The Honorable James Clayton Lewis Chief Judge,Virginia Beach Circuit Court G. MAYOR'S FORMAL SEATING OF COUNCIL H. VICE MAYOR and CITY COUNCIL COMMENTS I. MAYOR'S MESSAGE J. ADJOURNMENT 2:30 PM RECEPTION CITY HALL—2nd Floor THE MAYOR AND MEMBERS OF CITY COUNCIL Cordially Invite All To Attend t City of Virginia Beach of OUR NAhIPS VBgov.com ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)3855699 December 29, 2022 BDYER ,acov corn HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,January 3,2023 2:00 P.M. City Council Chamber Building 1, City Hall,2nd Floor 2401 Courthouse Drive The purpose of this SPECIAL SESSION is to allow the Ceremonial Oath of Office to the newly elected City Council Members, election of the Vice Mayor and the Oath of Office to the elected Vice Mayor. Sincerely, Robert M. Dyer Mayor cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At large AN1A'BEg , VICE MAYOR ROSEMARY WILSON—District S � . MICHAELFBERLUCCHI—District 3 � c 71, Li,O BARBARA M HENLEY—District 2 (.1 �` ` Z N.D. "ROCKY"HOLCOMB—District I U �, ROBERT W. "WORTH"REMICK—District 6 DR.AMELIA N.ROSS-HAMMOND—District 4 'r . ✓ENNIFER ROUSE—District 10 JOASHUA F. "JOASH"SCHULMAN-District 9 , •CHRIS TAYLOR—District 8 SABRINA D.WOOTEN—District 7 CITY HALL BUILDING I CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICKA.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR—LYNDONS.REMIAS January 3,2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL LIAISON REPORTS - Conference Room- 3:30 PM IL CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS III. CITY COUNCIL AGENDA REVIEW 3:45 PM IV. INFORMAL SESSION -Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 6, 2022 2. INFORMAL and FORMAL SESSIONS December 13, 2022 G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Aaron Rouse H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Resolution to APPROVE a Settlement Agreement with Kellam Gerwitz, Inc.,Robert S. Kellam, and Excel Paving Corporation re flood damage to Virginia Beach Police Headquarters 2. Ordinance to ACCEPT and APPROPRIATE $2,021,662.50 from the Virginia Resource Authority to Capital Improvement Project (CIP) #100601 First Colonial Road and Oceana Boulevard Drainage Improvements re design and construction of stormwater improvements 3. Ordinance to ACCEPT and APPROPRIATE$74,638 from the Virginia Department of Criminal Justice Services (DCJS) to the FY 2022-23 Police Department Operating Budget re sworn personnel overtime training, equipment, and supplies related to efforts to combat hate crimes 4. Ordinance to ACCEPT and APPROPRIATE$50,000 from the Virginia Department of Criminal Justice Services (DCJS) to the FY 2022-23 Police Department Operating Budget re sworn personnel overtime and equipment for various training programs 5. Ordinance to ACCEPT and APPROPRIATE $10,000 from the Virginia State Police to the FY 2022-23 Police Department Operating Budget re reimbursement of equipment purchased to investigate auto theft or prevent auto theft J. APPOINTMENTS 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 COMMUNITY CRIMINAL JUSTICE BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT AUTHORITY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION TA/ITA CITIZENS ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ee8b9073ea62e52ab6d96b69aa9100c92 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on January 3, 2023. I. CITY COUNCIL LIAISON REPORTS - Conference Room- 3:30 PM II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS III. CITY COUNCIL AGENDA REVIEW 3:45 PM IV. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 6, 2022 2. INFORMAL and FORMAL SESSIONS December 13, 2022 G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Aaron Rouse H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Resolution to APPROVE a Settlement Agreement with Kellam Gerwitz, Inc., Robert S. Kellam, and Excel Paving Corporation re flood damage to Virginia Beach Police Headquarters 2. Ordinance to ACCEPT and APPROPRIATE $2,021,662.50 from the Virginia Resource Authority to Capital Improvement Project (CIP) #100601 First Colonial Road and Oceana Boulevard Drainage Improvements re design and construction of stormwater improvements 3. Ordinance to ACCEPT and APPROPRIATE$74,638 from the Virginia Department of Criminal Justice Services (DCJS) to the FY 2022-23 Police Department Operating Budget re sworn personnel overtime training, equipment, and supplies related to efforts to combat hate crimes 4. Ordinance to ACCEPT and APPROPRIATE$50,000 from the Virginia Department of Criminal Justice Services (DCJS) to the FY 2022-23 Police Department Operating Budget re sworn personnel overtime and equipment for various training programs 5. Ordinance to ACCEPT and APPROPRIATE $10,000 from the Virginia State Police to the FY 2022-23 Police Department Operating Budget re reimbursement of equipment purchased to investigate auto theft or prevent auto theft o:( si hf CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Approve a Settlement Agreement with Kellam Gerwitz, Inc., Robert S. Kellam, and Excel Paving Corporation Regarding Flood Damage to Virginia Beach Police Headquarters MEETING DATE: January 3, 2023 Background: In the aftermath of a major storm occurring July 31, 2016, Police Headquarters ("Building 11") sustained flood damage totaling $99,111. The City investigated the cause of the flooding and discovered that the cause was a crushed or abandoned stormwater pipe conveying water from the Municipal Center parking lots through the Enterprise Property located at 2428 Princess Anne Road. In the months before the flooding occurred, construction work was performed at the Enterprise Property, including the improper removal and crushing of the stormwater pipe at issue. The City expended $ 474,458 in repairing, replacing, and remediating the removed and crushed stormwater pipe but received a betterment in so doing. The City filed a lawsuit in Circuit Court alleging that Kellam Gerwitz, Inc., and Roberts S. Kellam, individually, were negligent in their performance of site planning and stormwater design at the Enterprise Property. The City's lawsuit also named as Defendant Excel Paving Corporation, alleging it was negligent and committed a trespass in removing and crushing the stormwater pipe in question, causing Building 11 to flood. The Defendants denied the allegations asserted by the City and filed responsive pleadings so stating. The Defendants asserted substantial defenses to the City's claims, including contributory negligence, and the cost to further litigate this matter through trial and an anticipated appeal likely would be substantial. Based upon a negotiated settlement, the Defendants desire and intend to resolve and settle all claims by and between them and the City. Considerations: Attached to this agenda item (Exhibit A) is the Settlement Agreement to the lawsuit filed by the City concerning the flooding of Building 11. The Defendants have signed the agreement. As provided in the agreement, Excel Paving agrees to pay the City $50,000 immediately. Kellam Gerwitz, Inc. and Robert S. Kellam agree together to pay the City $50,000 (with $25,000 being paid immediately and the remaining $25,000 to be paid on a Confession of Judgment Note). The initial $25,000 payment would be due February 1, 2023, and subsequent payments upon the Note will be paid in $500 installments monthly thereafter. In exchange, the City releases the Defendants from any further liability for events and actions related to the 2016 flooding of Building 11. Public Information: This item will be advertised as part of the regular Council Agenda process. • Recommendation: Approval of the attached resolution. ■ Attachments: Resolution; Exhibit A: Settlement Agreement; Disclosures (3) - Recommended Action: Approval Submitting Department/Agency: Public Works/City Attorney City Manager• 1 A RESOLUTION TO APPROVE A SETTLEMENT 2 AGREEMENT WITH KELLAM GERWITZ, INC., 3 ROBERT S. KELLAM, AND EXCEL PAVING 4 CORPORATION REGARDING FLOOD DAMAGE TO 5 VIRGINIA BEACH POLICE HEADQUARTERS 6 7 WHEREAS, in the aftermath of a major storm occurring July 31, 2016, Police 8 Headquarters ("Building 11") sustained flood damage totaling $99,111; 9 10 WHEREAS, the City investigated the cause of the flooding and discovered that the 11 cause was a crushed or abandoned stormwater pipe conveying water from the Municipal 12 Center parking lots through the Enterprise Property located at 2428 Princess Anne Road; 13 14 WHEREAS, in the months before the flooding occurred, construction work was 15 performed at the Enterprise Property, including the improper removal and crushing of the 16 stormwater pipe at issue; 17 18 WHEREAS, the City expended $474,458 in repairing, replacing, and remediating 19 the removed and crushed stormwater pipe but received a betterment in so doing; 20 21 WHEREAS, the City filed a lawsuit in Circuit Court alleging that Kellam Gerwitz, 22 Inc., and Roberts S. Kellam, individually, were negligent in their performance of site 23 planning and stormwater design at the Enterprise Property; 24 25 WHEREAS, the City's lawsuit also named as Defendant Excel Paving Corporation, 26 alleging it was negligent and committed a trespass in removing and crushing the 27 stormwater pipe in question, causing Building 11 to flood; 28 29 WHEREAS, the Defendants denied the allegations asserted by the City and filed 30 responsive pleadings so stating; 31 32 WHEREAS, the Defendants asserted substantial defenses to the City's claims, 33 including contributory negligence, and the cost to further litigate this matter through trial 34 and an anticipated appeal likely would be substantial; and 35 36 WHEREAS, based upon a negotiated settlement, the Defendants desire and 37 intend to resolve and settle all claims by and between them and the City; 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 That the City Council hereby approves a settlement agreement consistent with the 43 agreement attached hereto as Exhibit A. 44 45 BE IT FURTHER RESOLVED, THAT: 46 47 The City Manager and the City Attorney are hereby authorized and directed to 48 undertake any action consistent with the Council's approval of such settlement 49 agreement. Adopted by the Council of the City of Virginia Beach, Virginia on the day of January, 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Atto y CA16003 R-1 December 15, 2022 MUTUAL SETTLEMENT AGREEMENT AND RELEASE This Mutual Settlement Agreement and Release ("Agreement" or "Release") is being made on this day of January, 2023, by the City of Virginia Beach ("the City"), Kellam Gerwitz, Inc. ("KGI"), Robert S. Kellam ("Kellam"), and Excel Paving Corporation ("Excel") (individually "Party" and collectively "the Parties" or "all Parties"). RECITALS a. All signatories hereto represent that they are over eighteen years of age, are of sound mind, are capable of understanding their duties and obligations under this Agreement, are aware that they have the right to consult with an attorney before signing this Agreement, and have either chosen to waive that right or have consulted with an attorney. All signatories hereto represent that they have full and complete authority to execute this Agreement on their own behalf and on behalf of the entity for which they are signing. b. All Parties represent and warrant that no other person or entity has, or has had, any interest in the claims, demands, obligations, or causes of action covered by this Agreement; that they have the sole right and exclusive authority to execute this Agreement and receive the consideration specified in it; and that they have not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action covered by this Agreement. c. The City filed a Complaint and Amended Complaint in the Circuit Court for the City of Virginia Beach, Virginia bearing Case No. CL20-2330 (the "Lawsuit"). In the Lawsuit, the City has asserted various claims against and seek compensation for certain losses from KGI, Kellam, and Excel based on events that occurred between September 1, 2013 and September 1, 2016 in conjunction with the development of real property located in the City of Virginia Beach in the Commonwealth of Virginia and for such other acts and/or alleged omissions occurring at other times relevant as set forth in the Lawsuit (the "Occurrence"). KGI, Kellam, and Excel have filed cross-claims against one another and third-party claims against others arising out of the Occurrence. d. The Parties have elected to fully, finally, and forever settle, release, and discharge all claims against one another arising out of the Occurrence on the terms and conditions set forth below. TERMS and CONDITIONS 1. Basis for Claims. The subject of the City's claims arise out of the alleged improper design, installation, inspection, maintenance, service, diagnosis, repair, modification, demolition, construction, and/or implementation of a stormwater drainage system on, at, or near the real property known as 2428 Princess Anne Road in the City of Virginia Beach, Virginia between September 1, 2013 and September 1, 2016. The claims are THOMAS,THOMAS&HAFER LLP City of Virginia Beach v. Kellam Gerwitz, Inc.,et 1519 HUGUENOT ROAD,SUITE 200 Mutual Settlement Agreement and Release MIDLOTHIAN,VA 23113 Case No.:CL20-2330 6277489.1 Page 1 of 8 more thoroughly described in the Complaint, Amended Complaint, and other pleadings filed in the Lawsuit. The City claims to have incurred various damages to and related to its stormwater infrastructure as well as various and sundry damages on, at, or near 2509 Princess Anne Road in the City of Virginia Beach, Virginia. The City's claimed damages include, but are not limited to damage to real property, damage to fixtures to real property, damage to personal property, loss of use, diminution of value, and inconvenience. This Release is a full and final settlement of all claims the City has or may have against the Released Parties and shall forever bar any future action by the City against the Released Parties, including but not limited to claims in its own name or by anyone asserting a claim or interest on the City's behalf. 2. Consideration. In consideration of the releases and other promises contained herein, the Released Parties do hereby agree to cumulatively pay the sum of ONE HUNDRED THOUSAND AND 00/100 U.S. Dollars [$100,000.00] to the City. The cumulative sum shall be made as follows: 2.1 The sum of FIFTY THOUSAND AND 00/100 U.S. Dollars [$50,000.00] shall be paid by Penn National Security Insurance Company on behalf of Excel and all affiliated entities. Said payment shall be made within thirty (30) days of receipt of a signed release. 2.2 The sum of TWENTY-FIVE THOUSAND AND 00/100 U.S. Dollars [$25,000.00] shall be paid by Kellam on behalf of Kellam and KGI. Said payment shall be made on or before February 1, 2023. 2.3 The sum of TWENTY-FIVE THOUSAND AND 00/100 U.S. Dollars [$25,000.00] shall be paid in installments by Kellam on behalf of Kellam and KGI. Said installments shall be paid monthly to the Virginia Beach City Attorney's office, shall commence on March 1, 2023, and shall be no less than $500.00 per month. Kellam, KGI, and the City will execute a separate Confession of Judgment Note setting forth the details of the payment plan. 3. Released Parties. The Released Parties under this Agreement are Robert Kellam; Kellam Gerwitz, Inc.; Excel Paving Corporation; Axis Utility Construction, Inc.; Norfolk Sealcoat, Inc.; ProPave of Virginia, Inc.; Trinity Construction Services, Inc.; Penn National Security Insurance Company; and each of their future, current, and former agents, servants, employees, owners, officers, directors, shareholders, general partners, limited partners, supervisors, subordinates, divisions, affiliates, parent companies, subsidiaries, predecessors, successors, firms, associations, and corporations (collectively "Released Parties"). 4. Subject of Release. The City agrees that in exchange for the foregoing consideration, it forever releases the Released Parties from any and all actions, property damage claims (including loss of use, diminution of value, and inconvenience), and demands, including claims or actions for contribution and/or indemnity, of whatever THOMAS,THOMAS&HAFER LLP City of Virginia Beach v.Kellam Gerwitz, Inc.,et-l. 1519 HUGUENOT ROAD,SUITE 200 Mutual Settlement Agreement and Release MIDLOTHIAN,VA 23113 Case No.:CL20-2330 6277489.1 Page 2 of 8 nature now existing or which may hereafter arise that relate to the Occurrence or Incident, including any consequences now existing or which may develop, regardless of whether such consequences are unknown, known or anticipated. The City acknowledges that this is a full and final settlement of all claims of any kind arising out of the Occurrence or Incident against the Released Parties. 5. Release of Derivative Claims. The Released Parties agree to forego pursuing any and all claims against one another and against the City arising out of or relating to the Occurrence or Incident including those pled in the Lawsuit. Each Released Party forever releases all other Released Parties and the City from any and all actions, claims, and demands, including claims or actions for contribution and/or indemnity, of whatever nature now existing or which may hereafter arise that relate to the Occurrence or Incident, including any consequences now existing or which may develop, regardless of whether such consequences are unknown, known or anticipated. Each Released Party and the City acknowledge that this is a full and final settlement of all claims of any kind arising out of the Occurrence or Incident against all other Released Parties. 6. Bonds. The City agrees to release any and all bonds related to the construction project at 2428 Princess Anne Road in the City of Virginia and/or DSC File Number 112- 675 SP including but not limited to the erosion and sediment control bond and right of way bond identified by bond numbers 9203082 and 9203087. All bonds shall be released no later than thirty(30) days after receipt of the payment described in paragraph 2.1 above. 7. Waiver of Trial by Jury. Instead of exercising their right to have their claim heard by a jury of their peers, the Parties have agreed to settle any and all of their claims against one another arising out of the incident described herein and understand that their claims against one another will be forever barred in exchange for payment of consideration and upon execution of this Agreement. 8. Payment Not an Admission of Liability. The Released Parties have denied liability for the Occurrence and the payments acknowledged in this Agreement are made without admission of liability and are being received by the City to discharge, compromise, and settle all actions, claims and demands described above. 9. Dismissal. Upon execution of this Agreement, the Parties will endorse and/or will instruct their counsel to endorse an appropriate order dismissing the Lawsuit with prejudice. The Parties agree to take all necessary and appropriate measures to effectuate the prompt, full, complete, and permanent dismissal of all claims with prejudice. The Parties further agree that they shall not initiate any further litigation as a result of the Occurrence or Incident against any other Party to this Agreement. 10. Fees and Costs. Each Party shall bear its own costs, expenses, and attorney's fees arising from or incurred in connection with the Occurrence, the Incident, the Lawsuit, and this Agreement. THOMAS,THOMAS&HAFER LLP City of Virginia Beach v. Kellam Gerwitz,Inc.,et-I 1519 HUGUENOT ROAD,SUITE 200 Mutual Settlement Agreement and Release MIDLOTHIAN.VA 23113 Case No.:CL20-2330 6277489.1 Page 3 of 8 11. No Additional Promise or Agreement and Integration. The making, execution and delivery of this Agreement has not been induced by any representations, statements, warranties or agreements other than those expressed herein. The Parties have neither received nor relied upon any advice from counsel for any other Party regarding the terms of this Release or any federal and/or state tax consequences associated with entering into this Release. This Agreement embodies the entire understanding of the Parties. With the sole exception of the instrument described in paragraph 2.3 herein above, there are no other agreements or understandings, written or oral, in effect between the parties relating to the subject matter of this Agreement. 12. Additional Documents. The Parties agree to cooperate fully and to execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 13. Counterparts. This Agreement may be executed in counterparts. Any digital reproduction, photocopy, or facsimile of a signature of a Party hereto on a counterpart hereof shall be considered for all purposes as an original signature. [THIS SPACE INTENTIONALLY BLANK] THOMAS,THOMAS&HAFER LLP City of Virginia Beach v.Kellam Gerwitz, Inc.,et-I. 1519 HUGUENOT ROAD,SUITE 200 Mutual Settlement Agreement and Release MIDLOTHIAN,VA 23113 Case No.:CL20-2330 6277489.1 Page 4 of 8 INTENDING TO BE LEGALLY BOUND, the Undersigned has caused this Mutual Settlement Agreement and Release to be executed as of the notarized date below. The following signature evidences the assent of the Undersigned to this Mutual Settlement Agreement and Release. City of Virginia Beach By: Title: COMMONWEALTH OF VIRGINIA: City/County of to-wit: I HEREBY CERTIFY that on this day of January, 2023, before me, a Notary Public in and for the City/County and State aforesaid, personally appeared known to me (or satisfactorily proven) to be the person whose name has been subscribed to the instrument, and it was acknowledged that the same was executed for the purposed therein contained Commission No.: Commission Expires: / / Notary Public THOMAS,THOMAS&HAFER LLP City of Virginia Beach v. Kellam Gerwitz, Inc.,et-l. 1519 HUGUENOT ROAD,SUITE 200 Mutual Settlement Agreement and Release MIDLOTHIAN,VA 23113 Case No.:CL20-2330 6277489.1 Page 5 of 8 INTENDING TO BE LEGALLY BOUND, the Undersigned has caused this Mutual Settlement Agreement and Release to be executed as of the notarized date below. The following signature evidences the assent of the Undersigned to this Mutual Settlement Agreement and Release. Kellam Gerwitz, Inc. By: Title: COMMONWEALTH OF VIRGINIA: City/County of to-wit: I HEREBY CERTIFY that on this day of December, 2022, before me, a Notary Public in and for the City/County and State aforesaid, personally appeared known to me (or satisfactorily proven) to be the person whose name has been subscribed to the instrument, and it was acknowledged that the same was executed for the purposed therein contained Commission No.: Commission Expires: / / Notary Public THOMAS,THOMAS&HAFER LLP City of Virginia Beach v.Kellam Gerwitz,Inc.,et-l. 1519 HUGUENOT ROAD,SUITE 200 Mutual Settlement Agreement and Release MIDLOTHIAN,VA 23113 Case No.:CL20-2330 6277489.1 Page 6 of 8 INTENDING TO BE LEGALLY BOUND, the Undersigned has caused this 'Mutual Settlement Agreement and Release to be executed as of the notarized date below. The following signature evidences the assent of the Undersigned to this Mutual Settlement Agreement and Release. Robert S. Kellam COMMONWEALTH OF VIRGINIA: City/County of to-wit: I HEREBY CERTIFY that on this day of December, 2022, before me, a Notary Public in and for the City/County and State aforesaid, personally appeared known to me (or satisfactorily proven) to be the person whose name has been subscribed to the instrument, and it was acknowledged that the same was executed for the purposed therein contained Commission No.: Commission Expires: / / Notary Public THOMAS,THOMAS&HAFER LLP City of Virginia Beach v. Kellam Gerwitz, Inc.,et-l. 1519 HUGUENOT ROAD,SUITE 200 Mutual Settlement Agreement and Release MIDLOTHIAN,VA 23113 Case No.:CL20-2330 6277489.1 Page 7 of 8 INTENDING TO BE LEGALLY BOUND, the Undersigned has caused this Mutual Settlement Agreement and Release to be executed as of the notarized date below. The following signature evidences the assent of the Undersigned to this Mutual Settlement Agreement and Release. Excel Paving Corporation By: Title: COMMONWEALTH OF VIRGINIA: City/County of to-wit: I HEREBY CERTIFY that on this day of December, 2022, before me, a Notary Public in and for the City/County and State aforesaid, personally appeared known to me (or satisfactorily proven) to be the person whose name has been subscribed to the instrument, and it was acknowledged that the same was executed for the purposed therein contained Commission No.: Commission Expires: / / Notary Public THOMAS,THOMAS&HAFER LLP City of Virginia Beach v.Kellam Gerwitz, Inc.,et-l. 1519 HUGUENOT ROAD,SUITE 200 Mutual Settlement Agreement and Release MIDLOTHIAN,VA 23113 Case No.:CL20-2330 6277489.1 Page 8 of 8 DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Robert S. Kellam SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of 9ic ``-aziA C% - your tax return MI Financial Services (include A lending/banking institutions and �� ► current mortgage holders as applicable) "I\S(CA Legal Services ' 171 HQ. -- Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. /4/4/ZZ APPLICANT'S SIGNATURE PRINT NAME DATE DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Kellam Gerwitz Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Frl11 Accounting and/or preparer of S -' i �.C. your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable) ([` i Legal Services 1 +z �� Pr Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 4C/ S_Y\E.Vetik:)›igxes APPLICANT'S SIGNATURE PRINT NAME DATE DISCLOSURE STATEMENT FORM r _ The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Excel Paving Corporation SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 121 Accounting and/or preparer of Brown Edwards & Company, your tax return LLP Financial Services (include Towne Bank E lending/banking institutions and current mortgage holders as applicable) Woods Rogers Vandeventer Black, PLC ® Legal Services Thomas, Thomas & Hafer, LLP Parrish-Layne Design Group, k Broker/Contractor/Engineer/Other Ltd. Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. c.- ,a/2i/ Z APPLICANT'S SIGNATURE PRINT NAME DATE C1 eJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $2,021,662.50 from the Virginia Resources Authority to Capital Project #100601, "First Colonial Road and Oceana Boulevard Drainage Improvements" MEETING DATE: January 3, 2023 • Background: The Virginia Community Flood Preparedness Fund (CFPF) was established in the Code of Virginia during the 2020 session of the General Assembly. Funding is generated through the auction of carbon allowances through the Regional Greenhouse Gas Initiative. The fund was established to provide support for regions and localities across Virginia to reduce the impacts of flooding, including flooding driven by climate change. Funding is distributed from the Virginia Resources Authority and administered by the Virginia Department of Conservation and Recreation. The City has received notice of funding in Round 3 of the CFPF to complete design and construction of stormwater improvements along First Colonial Road and Oceana Boulevard. This project will provide upgraded stormwater infrastructure to mitigate frequent flooding by constructing a stormwater management facility on City-owned property between New York Avenue and Southern Boulevard. Stormwater will be diverted from the stormwater pipes along Oceana Boulevard. First Colonial Road/Oceana Boulevard is a secondary evacuation route and provides one of the primary access roads to Naval Air Station (NAS) Oceana. This project does not require property acquisition as all construction will be located within City right-of way or on City property. The awarded funding and local match are as follows: Total Cost CFPF Local Allocation Contribution $4,043,325.00 $2,021,662.50 $2,021,662.50 • Considerations: Adequate funding for the local contribution is currently appropriated in Capital Project #100601, "First Colonial Road and Oceana Boulevard Stormwater Improvements." The project addresses the City Council priority to address flooding and sea level rise. Local contributions for the project are included in the appropriated bond referendum funding. Accepting and appropriating these grant funds will allow design and construction to progress on these critical projects and provide additional flexibility for the Flood Protection Program. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance, Location Maps, Project #100601 Detail Sheet Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: /AO 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $2,021,662.50 FROM THE VIRGINIA RESOURCES 3 AUTHORITY TO CAPITAL PROJECT #100601, "FIRST 4 COLONIAL ROAD AND OCEANA BOULEVARD DRAINAGE 5 IMPROVEMENTS" 6 7 WHEREAS, the City of Virginia Beach was awarded funding from the Virginia 8 Resource Authority to complete design and construction of stormwater improvements 9 along First Colonial Road and Oceana Boulevard; and 10 11 WHEREAS, funding for the local contribution is already appropriated in Capital 12 Project#100601 "First Colonial Road and Oceana Boulevard Stormwater Improvements"; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA, THAT: 16 17 $2,021,662.50 is hereby accepted from the Virginia Resources Authority and 18 appropriated, with state revenue increased accordingly, to Capital Project#100601, "First 19 Colonial Road and Oceana Drainage Improvements," for the design and construction of 20 a stormwater management facility. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services -hCe CA16004 R-1 December 15, 2022 L.,W''`'" \ N is `„ %:IIE `pI4 '. -a e•k W-�--- F to ,, �r Ili - S �' •VIRGINIABEA =LVD -- 6 Z1 z m o y o c3 rL \ - > Q F J 0 \ \ _ 1 INDIANA AVE t" - N . ii NN Ocl,Iti l i (' _____ , c-Tk,. v ( ______i / 1 I - . _ _ - NEVI/ PORK AVE I CI _ NEWY_ORKAVE ____ Cr j i =ImilMIN7IIINIM IMINI IINIMI WNW NMI Mill NM N .,N N N ' N / 1/I - I t/31 I ....1 pm IMIN. NM MIMI 1..111 MI. , et w i ,„0--:, 1 Q- Q, E 1 co 5 o I IL, ..... .... ..... Mt ANN gle J1 I SOUTHERN BLVD LOCATION MAP FIRST COLONIAL ROAD AND Legend OCEANA BOULEVARD Proposed Pipes STORMWATER IMPROVEMENTS CIP 100601 Proposed Stormwater BMP Feet City Properties 0 50 100 200 Prepared by P.W./Eno./Eno. Support Services Bureau 12/13/2022 X:\CADD\Proiects\ARC Files\AGENDA MAPS\First Colonial and Ocean Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100601 'Title:First Colonial Road and Oceana Boulevard Drainage Improvements 'Status:Approved Category:Flood Protection Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement 'istrict:6 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 2,325,000 2,325,000 - - - - - Description and Scope This project is part of the Linkhorn Bay Flood Protection Program Master Project.It includes design,property acquisition,and construction of a Stormwater Management Facility on a City-owned property between New York Avenue and Southern Boulevard to provide additional runoff storage. Stormwater will be diverted from the stormwater pipes along Oceana Boulevard.The Stormwater Management Facility will slowly release the stormwater back into the South Oceana Boulevard stormwater pipes further downstream. Purpose and Need This project will provide flood protection on First Colonial Road/Oceana Boulevard which serves as the main access route to NAS Oceana and serves as an evacuation route in a 100-year storm with 3.0 feet SLR.The project also addresses several flood reports that have been documented in the area and relieves flooding in an area that is both a Strategic Growth Area(SGA)and is considered an economically disadvantaged area.Street flooding along South First Colonial Road and Indiana Avenue will be resolved,as well as the flooding that occurs on the private property along Indiana Avenue.This project meets the requirements of the Public Works Design Standards Manual by providing passable streets and eliminating habitable structure flooding up to the 100-year storm. History and Current Status This project first appeared in the FY 2022-23 CIP. Operating Budget Impact Comments FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/22-06/28 300,000 Private Utility Adjustments 07/22-06/28 75,000 Construction 07/22-06/28 1,500,000 "'""�•%••�a•"p Contingencies 07/22-06/28 450,000 n+ICN rc•n•vc a Total Budgetary Cost Estimate: 2,325,000 OMIO•VC •100601 �p•a•• Means of Financing Ti = C•^� o s Funding Subclass Amount n �0 ,_ Local Funding 2,325,000 10"TMC•N alVO • Total Funding: 2,325,000 Naval Arr Scatlor Oceans FY 2022-23 to FY 2027-28 144 Capital Improvement Program \r1'�lA B 11 r , E1C1 +iy d CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Police Department to Combat Hate Crimes MEETING DATE: January 3, 2023 • Background: The Virginia Department of Criminal Justice Services (DCJS) has announced the availability of grant funds to localities to combat hate crimes. The goal of this program is to minimize bias-motivated incidents by providing funding that supports institutions and/or nonprofit organizations that may be at risk based on race, religious conviction, color, gender, disability, gender identity, sexual orientation, or national origin. This grant specifically provides support to reduce bias-motivated incidents within the City through increased security/terrorism awareness training, Stop The Bleed Training. This grant may also be used to purchase equipment for community partner use. The grant funds will be broken down as follows; • $16,800 for 42 hours of officer overtime; • $30,166 for equipment including 20 ring cameras, security equipment, 8 laptops, 8 projections; and • $27,672 for supplies including training material for Stop the Bleed, First Aid for severe trauma, and Individual Bleeding Control kits. • Considerations: The total award for this grant is $74,638 for sworn personnel overtime, training, equipment, and supplies. No local match is required. The ordinance includes authorization for the Police Department to donate equipment to nonprofit community partners provided such donation is consistent with the DCJS grant guidelines. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE POLICE DEPARTMENT TO COMBAT 3 HATE CRIMES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $74,638 is hereby accepted from the Virginia Department of Criminal Justice 9 Services (DCJS) and appropriated, with state revenue increased accordingly, 10 to the FY 2022-23 Police Department Operating Budget for sworn personnel 11 overtime training, equipment, and supplies related to efforts to combat hate 12 crimes. 13 14 2. The Police Department is authorized to donate equipment purchased with the 15 grant funds to nonprofit community partners consistent with the guidelines for 16 this DCJS grant. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C' or y's Office CA16006 R-1 December 15, 2022 ,,,,, 4: - Tr; iii e� . * off, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Police Department Training and Equipment Requirements MEETING DATE: January 3, 2023 • Background: The Virginia Department of Criminal Justice Services is making American Rescue Plan Act funds available for regional and local criminal justice training academies to purchase necessary equipment and pay for overtime to facilitate and instruct out-of-state lateral training programs for law enforcement officers. Training academies continue to play a key role in equipping law enforcement officers with the knowledge and skills needed to meet the increasingly complex challenges public safety personnel face as they work to keep our communities safe. This training benefits new and veteran police officers. The grant funding is broken down as follows; • $18,000 for officer overtime; and • $32,000 for equipment including training equipment, laptops, Wi-Fi access points in the Law Enforcement Training Academy (LETA), computers, and projection audio visual equipment. • Considerations: The total award for this grant is $50,000 for sworn personnel overtime and equipment. No local match is required. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR POLICE DEPARTMENT TRAINING AND 3 EQUIPMENT REQUIREMENTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $50,000 is hereby accepted from the Virginia Department of Criminal Justice 9 Services and appropriated, with federal revenue increased accordingly, to the FY 2022- 10 2023 Police Department Operating Budget for sworn personnel overtime and equipment 11 for various training programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t lIctrifti A Budget and anagement Services C' Office CA16005 R-1 December 15, 2022 �rQ0 N �i C sge 3 4,, r11:i w,. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Police Department for Auto Theft Deterrence Efforts MEETING DATE: January 3, 2023 • Background: Theft of motor vehicles and vehicle parts, such as catalytic converters, has dramatically increased and resulted in millions of dollars in replacement and repair costs to Virginia citizens. Incidents of violent carjackings are also increasing, and combating these crimes, along with countless others, stretches public safety resources. The Help Eliminate Auto Theft (HEAT) program is allocating funds to provide financial support for the auto theft investigation efforts of state and local law enforcement agencies. Financial support of up to $10,000 will be awarded to reimburse agencies for the purchase of equipment that will be used for investigating vehicle thefts or promoting the prevention of vehicle theft. • Considerations: The total award for this grant is $10,000. No local match is required. • Public Information: Public information will be provided through the normal Council Agenda process. This grant does not require a public comment opportunity. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: ,9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE POLICE DEPARTMENT FOR AUTO THEFT 3 DETERRENCE EFFORTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $10,000 is hereby accepted from the Virginia State Police and appropriated, with 9 state revenue increased accordingly, to the FY 2022-2023 Police Department Operating 10 Budget for the reimbursement of equipment purchased to investigate auto theft or prevent 11 auto theft. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ` .... . -t -- Budget and Management Services Citytorne s Office CA16007 R-1 December 15, 2022 J. APPOINTMENTS 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 COMMUNITY CRIMINAL JUSTICE BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT AUTHORITY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION TA/ITA CITIZENS ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ee8b9073 ea62e52ab6d96b69aa9100c92 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on January 3, 2023. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/13/2022 PAGE: 1 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I MOOL O C N Y L O L OUWS T HCEEME S S EOE I H R YBS S ERNN CITY COUNCIL'S BRIEFINGS A. FEDERAL LEGISLATIVE UPDATE Debra Bryan, Director of Legislative Affairs Anthony Bedell, Senior Corporate& Government Relations—Becker &Poliakoff Alfonso Lopez, Senior Corporate& Government Relations—Becker &Poliakoff B. VB THRIVE UPDATE Michele Anderson, (Requested by Council Member Miles) President&CEO— United Way of South Hampton Roads C. FLOOD PROTECTION PROGRAM& Leisha Pica, CAPITAL IMPROVEMENT UPDATE Program Manager— Jacobs Engineering Toni Utterback, Stormwater Engineering Center Administrator— Public Works II. CITY MANAGER'S BRIEFING AUDITED FINANCIAL RESULTS FOR THE Laura Harden and FISCAL YEAR ENDED Logan Booth— Cherry Bekaert Advisory LLC Letitia Shelton, Director—Finance III. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS IV-V CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-E F. MAYOR'S PRESENTATIONS 1. 60TH ANNIVERSARY AWARD James I.Spore Dr.Cynthia Romero Frederick J.Napolitano 2. RECOGNITION-Sister Cities Association of Virginia Beach 2022 Youth Ambassador- Lucia Morton CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:12/13/2022 PAGE: 2 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I MOO L O C N Y L 0 L OUWS T HCEEME S S E OE I H R Y B S S ER N N G. PUBLIC HEARING 1. LEASE OF CITY PROPERTY— 1 SPEAKER FARMERS MARKET Building 6, Space 2 to Flutterby Soap Company,LLC I.1. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y EXECUTE a Lease for City-Owned Property for CONSENT up to five(5)years at Virginia Beach Farmers Market with Flutterby Soap Company,LLC I.2. Resolution to RENAME the Bayside Recreation ADOPTED 11-0 Y Y Y Y Y Y YYY Y Y Center as "The Louis R. Jones Bayside Recreation Center" (Requested by City Council) 1.3. Resolution to DIRECT the City Manager to ADOPTED 7-4 Y Y Y Y Y Y N N N Y N develop a public input process re the City's Election System(Requested by Mayor Dyer) I.4. Ordinance to AUTHORIZE a $50,000 Grant ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y from the Tourism Investment Program (TIP) CONSENT fund re The Virginia Sports Hall of Fame Foundations, Inc (Requested by Council Members Berlucchi and Branch) I.5. Resolution REGARDING Membership of the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Virginia Beach Cannabis Advisory Task CONSENT Force (Requested by Council Members Berlucchi and Tower) I.6. Ordinance to AUTHORIZE the 2023 North ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y Landing River / Albemarle Sound Estuarine CONSENT Symposium (Requested by Council Member Henley) I.7. Ordinance to AUTHORIZE the City Manager to ADOPTED,AS 10-0 Y Y Y Y Y Y Y Y A Y Y erect signs discouraging motorists from giving AMENDED money to panhandlers(Requested by Council Member Wooten) I.8. Ordinance to DECLARE and CONVEY ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y approximately 2.25 acres of City Property CONSENT 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 ofNimmo Parkway to Hospice House of Hampton Roads 1.9. Ordinances to DESIGNATE as EXEMPT re Local Property Taxes: a. The Princess Anne Crew Club Auxiliary ADOPTED,BY 11-0 Y Y Y Y l Y Y Y Y Y Y CONSENT b. Little Christian Academy ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y CONSENT c. Coastal Virginia Building Industry ADOPTED 9-2 Y Y Y N Y YNYY Y l Association,Inc. d. Junior Achievement of Greater Hampton ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y Roads,Inc CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:12/13/2022 PAGE: 3 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I MOOL O C N Y L O L OUWS T HCEEME S S EOE I H _ R YBS SERNN I.10. Ordinance to APPROPRIATE $48,294,167 DEFERRED TO 6-4 Y Y Y N Y N A NY Y N from the FY2021-22 School Reversion Funds FEBRUARY 21, to the Virginia Beach Public Schools FY2022- 2023 T 23 Operating Budget and Capital Improvement A Program(Requested by the School Board) E D L11. Ordinance to AUTHORIZE temporary WITHDRAWN,BY 11-(1 Y Y Y Y Y Y YYYY Y encroachments into a portion of City-Owned CONSENT 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) THIS ITEM IS BEING WITHDRAWN I.12. Ordinance to AUTHORIZE temporary ADOPTED,AS 11-0 Y Y Y Y Y Y YYYY Y encroachment into a portion of City right-of-way AMENDED,BY known as Baltic Avenue re construct and CONSENT maintain an elevated pedestrian bridge approximately thirty-five(35)feet above ground level over Baltic Avenue District 6 (Formerly District 6—Beach) 1.13. Ordinance to TRANSFER $2-Million from ADOPTED,BY 11-0 Y Y Y Y Y Y YYYY Y Capital Project#100048, Burton Station Road CONSENT III," to Capital Project #100635, "Corporate Landing Business Park," re allow the advancement of the construction of infrastructure within the Corporate Landing Business Park I.14. Ordinance to TRANSFER$431,750 from the ADOPTED,BY 10-0 Y Y Y Y Y Y YAYY Y General Fund Reserve for Contingencies to the CONSENT FY 2022-23 Voter Registration and Elections Operating Budget re fund anticipated costs of A the January 10,2023,Special Election E D 1.15. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y YYY IYYY Y $2,404,940.98 from the Federal Emergency CONSENT 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 1.16. Ordinance to APPROPRIATE$1,212,000 from ADOPTED,AS 10-1 Y Y Y Y Y Y NYYY Y the Tourism Investment Program(TIP)Fund to CORRECTED,BY Capital Project #100146, "Atlantic Park CONSENT Entertainment Venue" re meet estimated construction cost and building code requirements CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:12/13/2022 PAGE: 4 B AGENDA ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I MO O L O C N Y L O L OUWS T HCEEME S S EOE I H R Y B S S ERNN J.1. ORP VENTURES, LLC for a Variance to APPROVED/ 11-0 Y Y Y Y Y Y YYYY Y Section 4.4(b)of the Subdivision Regulations re CONDITIONED, subdivide two(2)lots and to construct two(2), BY CONSENT two(2)story single family dwellings located at 820 24th Street DISTRICT 6(Formerly District 6 —Beach) J.2. COURTHOUSE MARKETPLACE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y STATION, LLC & HARRIS TEETER MODIFIED/AS PROPERTIES, LLC for a Modification of PROFFERED/ Proffers to a Conditional Rezoning and a CONDITIONED Conditional Use Permit re automobile service station at 2500 Nimmo Parkway DISTRICT 2 (Formerly District 7—Princess Anne) J.3. AT ASSOCIATES,LLP for a Modification of APPROVED/ 11-0 Y Y Y YYY YYYY Y Conditions to a Conditional Use Permit re motor MODIFIED,BY vehicle sales, rental, and service at 2717 CONSENT Virginia Beach Boulevard DISTRICT 3 (Formerly District 6—Beach) J.4. NIKOLA GEORGIEV for a Conditional Use APPROVED/ 11-0 Y Y Y YYY YYYY Y Permit re short term rental at 303 Atlantic CONDITIONED, Avenue, Unit 1305 DISTRICT 5 (Formerly BY CONSENT District 6—Beach) J.5. 208 10th STREET,LLC for Conditional Use APPROVED/ 11-0 Y Y Y YYY YYYY Y Permits re short term rentals at 945,949,953, CONDITIONED, 957, 961, 965 Pacific Avenue DISTRICT 5 BY CONSENT (Formerly District 6—Beach) J.6. HOST MY HOME,LLC/DAVID DOWDY APPROVED/ 11-0 Y Y Y YYY YYYY Y for a Conditional Use Permit re short term CONDITIONED, rental at 529 22"d Street DISTRICT 6(Formerly BY CONSENT District 6—Beach) J.7. JD ENTERPRISES VA, LLC / LOROM, APPROVED/ 11-0 Y Y Y YYY YYYY Y INC., for a Conditional Use Permit re short CONDITIONED, term rental at 512 19th Street DISTRICT 6 BY CONSENT (Formerly District 6—Beach) J.8. JD ENTERPRISES VA, LLC / LOROM, APPROVED/ 11-0 Y Y Y Y Y Y YYYY Y INC.,for Conditional Use Permits re short term CONDITIONED, rentals at 516 19th Street-Units Al,A2,A3,A4, BY CONSENT Bl,B2,B3,B4&51819tt'Street,Units Al,A2, A3,A4,BI,B2,B3,B4 DISTRICT 6(Formerly District 6—Beach) K. APPOINTMENTS RESCHEDULED BYCO N S ENS U S 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 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/13/2022 PAGE: 5 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H O W W U R ELM R T I O CADNC IMOOL 0 CNYL OLOUWS T HCEEMES SEOE 1 H R YBS SERNN DEFERRED COMPENSATION BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION GREEN RIBBON COMMITTEE 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 INDEPENDENT CITIZEN REVIEW APPOINTED: 10- ] Y Y Y Y Y Y Y Y Y Y N BOARD Sean Monterio Nina Ruiz Valerie Grissom Latonya Ferguson 3 Year Term 12/13/2022— 12/31/2025 Kristine Caalim Annabelle Pathrath Michael Kelly Charles Frost 2 Year Term 12/13/2022— 12/31/2024 Philip Kazmierczak Corinna Craver James Leach 1 Year Term 12/13/2022— 12/31/2023 J. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 10:08 P.M.