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HomeMy WebLinkAboutJANUARY 3, 2023 FORMAL SESSION MINUTES C", VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 3, 2023 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, January 3, 2023, at 3:33 P.M Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCIL LIAISON REPORTS ITEM#73647 3:34 P.M. There were no City Council Liaison Reports. January 3, 2023 3 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#73648 3:35 P.M. Council Member Wooten distributed copies the proposed Resolution, "To Rescind Previous Council Direction on December 13, 2022,Directing he City Manager to Develop a Public Input Process Regarding the City's Election System", attached hereto and made a part of the record. Council Member Wooten advised she spoke with some Members of the Body who expressed they did not want to bring it forward on tonight's Agenda and intends to have it included on a future Agenda. January 3, 2023 A RESOLUTION TO RESCIND PREVIOUS COUNCIL DIRECTION ON DECEMBER 13, 2022, DIRECTING THE CITY MANAGER TO DEVELOP A PUBLIC INPUT PROCESS REGARDING THE CITY'S ELECTION SYSTEM WHEREAS, the City Charter is the result of a consolidation agreement between the City of Virginia Beach and Princess Anne County, dated November 10, 1961 WHEREAS, starting in 1966, the City Charter provided for at-large election of all members of the City Council; WHEREAS, legislation enacted by the General Assembly in 2021 changed any residence districts, such as the residence districts described in Section 3. 01 of the City Charter, into wards, which are also known as single- member election districts; WHEREAS, a remedial plan imposed by the U. S. District Court for the Eastern District of Virginia in December 2021 required the City to prepare for the 2022 general and special elections using a ten- district ward system of election; WHEREAS, on July 27, 2022,the Fourth Circuit U. S. Court of Appeals vacated the district court's orders, but such vacation occurred after the candidates for the 2022 general and special elections had qualified, and accordingly the November 8, 2022 general and special elections proceeded under the ten-district ward system previously ordered by the district court; WHEREAS, over 100,000 voters participated in the November 8th, 2022 elections for city council and school board under the ten-district ward system; WHEREAS, on the November 8, 2022 general and special elections the voters elected the most diverse City Council in the history of Virginia Beach; WHEREAS, the City Council has enacted a decennial redistricting plan prior to the November 2024 general election with the new ward system; WHEREAS, the City Council should cycle through the next election cycle to see what input should be gathered and where City Council should appropriate accordingly for more election and officials and voting machines. WHEREAS, the City Council vote on December 13, 2022 did not reflect the input of incoming new councilmembers and may impugn the results of their elections by changing the election system from what has been discussed for the last several years because of the federal lawsuit and state law change. WHEREAS,the City Council should protect the voting rights of the citizens and work collaboratively with newly elected Councilmembers to support the Virginia Voting Right Act; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: The City Council vote on December 13, 2022 to Direct the City Manager to Develop a Public Input Process Regarding the City's Election System is rescinded. 4 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#73649 (Continued) Mayor Dyer advised "Project Hope"recently launched with the intent to build stronger community bonds and there will be more information to come. Mayor Dyer advised Project Hope was a result of the IDEA Commission which Council Member Ross-Hammond led and will include public engagement, strategies to improve mental health,job creation and workforce training that will hopefully be a template for other cities to follow. January 3, 2023 5 AGENDA REVIEW SESSION ITEM#73650 3:40 P.M. BY CONSENSUS, the following shall compose the Legislative 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 January 3, 2023 6 ITEM#73651 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: PROSPECTIVE BUSINESS OR INDUSTRY:Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business'or industry's interest in locating or expanding its facilities in the community pursuant to Section 2.2-3711(A)(5) • District 9 • District 3 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- 3 7 1 1(A)(8). • Lynch v. City of Virginia Beach PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities,Agencies and Appointees January 3, 2023 7 ITEM#73651 (Continued) Upon motion by Council Member Holcomb,seconded by Vice Mayor Wilson, City Council voted to proceed into CLOSED SESSION at 4:13 P.M. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 4:13 P.M. — 4:22 P.M. Closed Session 4:22 P.M. — 5:20 P.M. January 3, 2023 8 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JANUARY 3, 2023 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,January 3, 2023, at 6:00 P.M Council Members Present: Michael F.Berlucchi, Mayor Robert M.Dyer,Barbara M.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, 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. January 3, 2023 9 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. January 3, 2023 10 V.E CERTIFICATION ITEM#73652 Upon motion by Council Member Holcomb, seconded by Council Member Henley, 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,Mayor Robert M.Dyer,Barbara M.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 �`�G IA BEAc, 04 Li i- ,r11 :: 2,-, \ t Mf OF O R h Ri,o`y 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#73651 on Page 7 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Terri H. Cheli Chief Deputy City Clerk January 3, 2023 11 ITEM— V.F.1 MINUTES ITEM#73653 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 6, 2022 Voting: 6-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky" Holcomb, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Chris Taylor Council Members Absent: None January 3, 2023 12 ITEM— V.F.1 MINUTES ITEM#73654 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 13,2022 Voting. 6-0 Council Members Voting Aye: Michael F.Berlucchi, Mayor Robert M.Dyer,Barbara M.Henley,N.D. "Rocky" Holcomb, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Chris Taylor Council Members Absent: None January 3, 2023 13 ITEM— V.F.1 MAYOR'S PRESENTATIONS ITEM#73655 p This has been postponed to a later date. January 3, 2023 14 ITEM— V.H FORMAL SESSION AGENDA ITEM#73656 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6) minutes to speak on all items. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514—spoke in OPPOSITION to: Ordinances/Resolution I: 1, 2, 3, 4 and 5 Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolution I: 1, 2, 3, 4 and 5 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 15 ITEM— V.I.l ORDINANCES/RESOLUTION ITEM#73657 Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED,BY CONSENT, 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 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 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 3 r d 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-l. 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.1. 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-1 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-1. 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-I. 1519 HUGUENOT ROAD,SUITE 200 Mutual Settlement Agreement and Release MIDLOTHIAN,VA 23113 Case No.:CL20-2330 6277489.1 Page 8 of 8 16 ITEM— V.I.2 ORDINANCES/RESOLUTION ITEM#73658 Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY CONSENT, 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 storm water improvements Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 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 3 rd day of January , 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 tto ey s Office CA16004 R-1 December 15, 2022 17 ITEM— Y.I.3 ORDINANCES/RESOLUTION ITEM#73659 Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY CONSENT, 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 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 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 3 r d day of January , 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 �y Budget and Management Services C. o y's Office CA16006 R-1 December 15, 2022 18 ITEM— V.I.4 ORDINANCES/RESOLUTION ITEM#73660 Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY CONSENT, 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 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 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 3 r d day of January , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (4ctriff ft-to Budget and Management Services C' a Office CA16005 R-1 December 15, 2022 19 ITEM— V.I.5 ORDINANCES/RESOLUTION ITEM#73661 Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY CONSENT, 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 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 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 3 r d day of January , 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 ity me s Office CA16007 R-1 December 15, 2022 20 ITEM— V.J APPOINTMENTS ITEM#73662 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION 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 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 COMMUNITY DEVELOPMENT COALITION WETLANDS BOARD January 3, 2023 21 ITEM— V.J APPOINTMENTS ITEM#73663 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: CHRIS TAYLOR Unexpired thru 6/30/2024 ACTIVE TRANSPORTATION ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 22 ITEM— V.J APPOINTMENTS ITEM#73664 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: ROBERT W. "WORTH"REMICK No Term ADVERTISING ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer,Barbara M. Henley,N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 23 ITEM— V.J APPOINTMENTS ITEM#73665 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: DR.AMELIA N. ROSS-HAMMOND JENNIFER ROUSE ROBERT W. "WORTH"REMICK JOASHUA F. "JOASH"SCHULMAN CHRIS TA YLOR Elected Term 1/3/2023—12/31/2026 ATLANTIC COMMUNITY DEVELOPMENT AUTHORITY Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 24 ITEM— V.J APPOINTMENTS ITEM#73666 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: ROBERT W. "WORTH"REMICK JOASHUA F. "JOASH"SCHULMAN Elected Term 1/3/2023—12/31/2026 AUDIT COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer,Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 25 ITEM— V.J APPOINTMENTS ITEM#73667 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JOASHUA F. "JOASH"SCHULMAN CHRIS TAYLOR Three year term 1/3/2023— 12/31/2025 BA YFRONT ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 26 ITEM— V.J APPOINTMENTS ITEM#73668 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: CHRIS TAYLOR Unexpired thru 3/31/2026 COMMUNITY CRIMINAL JUSTICE BOARD Voting. 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer,Barbara M.Henley,N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 27 ITEM— V.J APPOINTMENTS ITEM#73669 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: DR.AMELIA N. ROSS-HAMMOND JOASHUA F. "JOASH"SCHULMAN CHRIS TA YLOR Elected Term 1/3/2023— 12/31/2026 HAMPTON ROADS PLANNING DISTRICT COMMISSION Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 28 ITEM— V.J APPOINTMENTS ITEM#73670 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JENNIFER ROUSE Unexpired thru 3/31/2025 HOUSING ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 29 ITEM— V.J APPOINTMENTS ITEM#73671 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: ROBERT W. "WORTH"REMICK Unexpired thru 8/31/2026 OCEANA LAND USE CONFORMITY COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 30 ITEM— V.J APPOINTMENTS ITEM#73672 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: DR.AMELIA N. ROSS-HAMMOND No Term TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 31 ITEM— V.J APPOINTMENTS ITEM#73673 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: MICHAEL F. BERLUCCHI Council Member HANNAH SABO Planning Department DEVIN COWHEY Economic Development DEPUTY CHIEF REO HATFIELD Police Department RANDY THOMPSON Resort Advisory Commission Member DAMON WATSON Minority Business Council Member LEIF E. OLSEN Cannabis Industry SHANNON DS KANE ANDREW LOCK Citizen Members One year term 1/3/2023—12/31/2023 And MARK STEVENS Civic League Representative JOHN ZIRKLE Resort Business Professional STACEY O'TOOLE Healthcare Professional JASON BLANCHETTE Cannabis Industry JOHN KATSIAS Commercial Real Estate Professional ANN CHOWNS Virginia Beach City Public Schools January 3, 2023 32 ITEM— V.J APPOINTMENTS ITEM#73673 (Continued) TAMARA NETZEL LATONYA WARREN BRADFORD WYNN Citizen Members Two year term 1/3/2023— 12/31/2024 VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 33 ITEM— V.J APPOINTMENTS ITEM#73674 Upon nomination by Vice Mayor Wilson, City Council APPOINTED CITY COUNCIL LIAISONS: 2040 VISION TO ACTION COMMUNITY COALITION Dr. Amelia N. Ross-Hammond FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD Robert W. "Worth"Remick HEALTH SERVICES ADVISORY BOARD Chris Taylor HISTORIC PRESERVATION COMMISSION Joashua F. "Joash"Schulman HOUSING ADVISORY BOARD Dr. Amelia N. Ross-Hammond Chris Taylor MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Chris Taylor MINORITY BUSINESS COUNCIL Dr.Amelia N. Ross-Hammond Jennifer Rouse OLD BEACH DESIGN REVIEW COMMITTEE Robert W. "Worth"Remick OPEN SPACE ADVISORY COMMITTEE Chris Taylor PROCESS IMPROVEMENT STEERING COMMITTEE Joashua F. "Joash"Schulman PUBLIC LIBRARY BOARD Jennifer Rouse RESORT ADVISORY COMMISSION Robert W. "Worth"Remick Chris Taylor STORMWA TER APPEAL BOARD Joashua F. "Joash"Schulman January 3, 2023 34 ITEM— V.J APPOINTMENTS ITEM#73674 (Continued) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Robert W. "Worth"Remick VIRGINIA BEACH TOWING ADVISORY BOARD Robert W. "Worth"Remick Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 3, 2023 35 ADJOURNMENT ITEM#73675 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:23 P.M. crri I e ius Robert M. Dyer Chief Deputy City Clerk Mayor City of Virginia Beach Virginia January 3, 2023 36 OPEN DIALOGUE The following registered to speak: C. V. Hall, 1053 Sandbridge Road, Phone: 804-346-9744, did not respond Linda Frantz, 3335 Eagle Nest Pointe, Phone: 513-7888, spoke concerning a home being developed by Best Senior Home LLC with zoning violations as it is a nursing home and business Nir Horen, 3353 Eagle Nest Pointe, Phone: 760-699-1999, spoke concerning a home being developed by Best Senior Home LLC with zoning violations as well as the narrow road that does not accommodate emergency vehicles Walter Camp, 4692 Berrywood Road, Phone: 576-1006, expressed his appreciation to City Council for their continuous support with the Holiday Lights Bike Ride event at the Oceanfront and for giving him an opportunity to serve on City Council Appointive Agencies. Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, expressed his support of Council Member Wooten Barbara Messner, P. O. Box 514, expressed her frustration with City Council ADJOURNED AT 6:36 P.M. January 3, 2023