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HomeMy WebLinkAboutFEBRUARY 7, 2023 FORMAL SESSION MINUTES o`` Y j v S> Z ii or UR N.1„.O ., L �' VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 7, 2023 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, February 7, 2023, at 1:00 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 2 CITY COUNCIL'S BRIEFINGS GENERAL ASSEMBLY LEGISLA TI VE UPDATE ITEM#73 740 1:01 P.M. Mayor Dyer welcomed Debra M. Bryan, Director of Legislative Affairs. Mrs. Bryan expressed her appreciation to City Council for their continued support. Mrs. Bryan provided the following updates: - Today is Crossover Day which means all House and Senate Bills have to be passed and then the Bills will switch chambers. There are three (3)Bills that have been passed and will go to the opposite Chamber, HB 1490, HB 1610 and SB 1524. - The City's grocery tax bill was combined with all other proposed grocery tax bills and all are dead unless they are included in the budget which takes precedence as has not been decided yet. - Cannabis bills are proposed by both the House and Senate and will be decided on later today. Mrs. Bryan advised she will provide updates again on Friday, February 10, 2023. Mayor Dyer expressed his appreciation to Mrs. Bryan for the briefing. February 7, 2023 3 CITY COUNCIL'S BRIEFINGS JOINT CIP CITY AND SCHOOL BOARD MODERNIZATION REVIEW COMMITTEE UPDATE ITEM#73741 1:08 P.M. Mayor Dyer welcomed Melisa A. Ingram, Executive Director, Office of Facilities— VBCPS. Ms. Ingram expressed her appreciation to City Council for their continued support: VIRGINIA BEACH crrr MINX taeooLS c.4A4t4SC THE 105415E City Council Brief School Modernization February 7,2023 School Division Services Office of Facilities Services Here is an overview of the School Modernization/Replacement Program FY23 CIP: School Modernization/Replacement Program FY23 CIP School Orgnal Conr,s'stan 0#.r.nu Tow Conan...ton (R;Replacement Opining Data Carnotite Opurr9 Dale v s Prq.0 Cod Started IMl Mod ern.7ton Cerwuuctwn (MAbns 4 -mass ' 1.v 2027 ss 2026 yawns ES-'Baysd.661(Rl 1961 1957 2028 ME 66 2030 = *de HS- 1964 2031 1977 OrrrAril MirnL •weed •-••I -rop0..d "-.rend Total Con Lunen (R)Rplaanwrt Ow* Cemtructon Op.rr1p Dab v s Props Cat Started (M)Mod.rniabon Openn9 Doi Compete Corwvuctron (Miens) Co • 0' vie own*H 1". 6 =r 2046 reek HS 1966 2049 63 TBD 2033 - ass Pa*ES 1356 2035 79 TOD 2035 *land ES 1966 2037 69 TBO 2052 ' pays.MS 1969 2055 66 TOD 2062 = de MS 1969 2065 96 TBD 2072 •,depends nee MS 1974 2075 101 T8 2088 9nn9a.en MS 1974 2091 117 TBD 2090 odh Landing ES 1975 2091 116 TOD 2094 Groan Run ES 1975 2095 120 TBD 2097 Fairfield ES 1976 2098 122 TBD 1, 06 •k -7• 1, 1 T=• 0 OrrEri =ME' • These dates estimated based on anent levels of fuMrn7 rnllat.d 3%annuity February 7, 2023 4 CITY COUNCIL'S BRIEFINGS JOINT CIP CITY AND SCHOOL BOARD MODERNIZATION REVIEW COMMITTEE UPDATE ITEM#73741 (Continued) The next four(4)slides provide information on the impacts of inflation: Last Inflation Review (2020) Cost/SF -VADOE Commonwealth of Virginia - HS SOO .'A la 7 _ a - 1993 2000 2001 2.MB MD 70(6 HMI.A.2.6 2C.2026 T.?31.&V.2 1414 ND.6.1,,.:a 3411 202020II 2022 2023 2024 ME WNW OM Sch%is `2.—vs.,.Cos Rf Sr EM•0,0 l.K+Ci.4]Pb 53; —tWo.(VA 4w,Colt.:: Inflation Update 11.11.•.M...CA Rio 3..... A.......PM ....4......41..611 MI 13111411.a1.nlAo x:.m wpulfcm..A1A (WIRED.... f{EIRMA.SCHOOL 0AIA Y04f SCHOO.....DMA... Nf......0 DATA i ml....rw OW............ r.Op(w..w.0.. ..911 F...w.r tw..Y.f�r. WIO•(w...C...I W. v.......r (y. I s 464.4. r1 HAY T.. AY.Yr Cr.11 Mrr T... 0r.01 Yrr.AY 1.1 M..T.M. T.. • .... 4. 4414 A T... I..(w CY A V. YAM. Y. Tor G. Y. ✓t E7•1=111111CM N11111114=7rt7 m. m ..” C 7ami •n .of fa VS IL MI' 1 .. n6 "J+.1 11•: .1d. Jfl .f 1S Itt. Hall 110.Ile .1np 1� 39t.+ .1.IM lid. i.12% IS]13 4R. EID.O •+w .MM itt-. z•3r; i61*t �zm. .D1f1 c: 7161 Miwse. .mn OS YI.Y M1102f.F1.111f 2. MOO MI! 92'rTtl/1 2W1 .1111 {ir161• CV O .3.-IIIIMI t-I111ZEMIL7 /T �f'a�6M-_.0 - a�i.alt� p 161A 13n. . 3 C ms it"z TI.. 3 EisiCF�O Mph -'." . eY. Karl }�/, i1s6pe .-.d 3 t001 t 2fx ® wm "I 371.1W. .6f re odd L Y• DM 1103 Mil IP m NIL ti • •MIA my-/�1MOT -11V: .11 L ids WI 35 '�EFI®H1 H M��H I3I H a Eil-:.: MIOE�'7 33111:2310 L7tF.�0 �TI¢AO C-ui'JQAEA • UMW to. t7 f1E7®®CiL7Qt2u CiIF`7®t111 z.. CLSi>1QM1O fcno©rwO ■altzae:S=Eill C.--.G'S[7111•If0 • C%;1Jmd Mr L37C3:211© [[ 11111=IIMEMIt7 IIwS6 en!, 6.'. .104)t Est'•:U AM Oa. 0 Y.5 1a)% 3..-. ] •6h .� EMI _ 1191 ®_my mmi _ ��MI,-- 1 __ MallM� ..1r r. ...o. is. ...ororMr T..1cwar Mr SY G001 HY.r1. Yr May W -•AL. • b in. .0 YG AT -t 12%. 1 Lr 11011T 1 . 1 as 4. N. 1 LI. NH 337 -•w 1,1t=1- O 4ba 11 .-.1• w s r Il fANI UO II VILAIII w February 7, 2023 5 CITY COUNCIL'S BRIEFINGS JOINT CIP CITY AND SCHOOL BOARD MODERNIZATION REVIEW COMMITTEE UPDATE ITEM#73741 (Continued) Inflation Update Cost/SF -VADOE Commonwealth of Virginia & Comparable Commercial Construction Estimated Future Inflation Rots-High Schools VA K-12Constrorti0n _NAVOAC 012 Ydepewdent Cost Estimator .-..�_. Rid Proposed ha9o4W Propos.4 Pooposed Prod Vero Inflation Male Carol. MMlation IM. CAW. M/W=We CosVSE 2020 4.00% $ 366011' 140% S 35331 7.00% $ 374.50 2021 11.15% S 407-22 66036 S 113.13 13.10% S 431.14 2022 15.41% $ 46136 1210% S 433.14 680% $ 457.01 2023 7.70% $ 506.15 6401E $ 41016 415% $ 473.10 -n 2034 6.50% $ 541.06 5.70% $ 167.12 4.23x S 435.54 2025 6.37% S 57554 5.30% S 512.1E 315% $ 511.7e 2026 0.1t% $ 611.4 5.10% $ 535.30 3.75% $ 536.23 2027 611% $ 61612 5.10% $ 566.60 3.75% S 550.41 2023 6.13% $ 40.30 1.106 $ 313..40 3.75% $ 575.35 3073 611% $ 71143 5.10% $ 62346 175% $ 601.00 2030 61306 $ 776.60 5.10% $ 657.70 3.73% $ 623.62 2031 6.13% $ .2156 5.1016 S 631.33 3.73% S 647.01 2012 6.16% $ 073.40 1.10% S 726-55 3.75% $ 671.27 2033 633% $ 923.54 5.10% $ 763.64 3.73% $ 00644 2034 610 $ 110615 5.10% $ 60255 3.75% $ 722.56 2035 6.16% $ 1.06730 5.10% $ 143.32 3.75% $ 249.65 2016 6.16% 5 1.112.61 5.10% _S 186.54 3.73% S 777.76 2037 633% $ 1.111.32 5.1006 $ 331.75 3.75% S 00633 2034 613% S /254.27, 5.10% $ 373.27 3.75% $ 637.15 Inflation Update Cost/SF-VADOE Commonwealth of Virginia & Comparable Commercial Construction R6tlotld hem beetles titer•High Scam* _ VA1.11Co00$00. NA00ACKt _ Indepen0ewt Ceatt st0rrutor Proposed Proposed Proposed Proposed Proposed Proposed 00% 3Mlalion*roe Coel/30 1aNatlm.0M Cost/Si Mnallon Rafe CAt1/34 1020 4.00% $ 364.00 100% S 353.5t 7.00% $ 376.50 Estimated Bid Date 2022 11.03% 407.72: S.40% ,$ 363.33 r13.10% $ 431.34 Design/Bid/BUlid' 3022 1342E $ 463.36' 3210% $ 431.14 6.00% $ 45701' 2033 7.70% $ 30613 4.40% $ 460.40 4.63% $ 473.14 3024 41.006 $ 341.01 5.70% $ 427.12 4.25% ,$ 43334 Princess Anne HS I 2025 6.3716 $ 575.54 5.30% S 5/3.34 113% $ 5367e 2026 611% $ 63100 5.10% $ 535.10 3.75% $ 534,21 --2027 613% $ 64012 3.10% $ 34640 173% $ 56641 2021 63316 $ 4461$ 3.10% $ 53543 3.73% $ 373.33 2020 633% 5 72243 5.10% $ 423.40 3.73% $ 401.01 2030 613% $ 776.6O, 51006 $ 637.71 1.75% $ 02312 2031 473% S 4315e ;10% $ e0633 3.75% $ 40711 3012 613% $ 07143 s 10% $ 72453 1.73% $ 471.27 2033 424% _$ 333.3u :10% $ 761-M 3.73% $ 03644 Bayside HS' 2034 e11% $ setts 110% $ 80233 3.75% S 7723s 2035 11486 $ 3,04736 5.10% S 44332 175% $ 743.45 2034 6.3366 $ 1411.61 3.1016 S 186.34 1.75% $ 777.76 3017 6.33% $ 114112 5.30% ,$ 331.73 3.75% $ 40633 71M 611% $ 1.23427 3.10% 5 0711.27 3.75% $ 337.13 February 7, 2023 6 CITY COUNCIL'S BRIEFINGS JOINT CIP CITY AND SCHOOL BOARD MODERNIZATION REVIEW COMMITTEE UPDATE ITEM#73741 (Continued) School Modernization/ Replacement Program FY23 CIP Projects Pending PPEA RFP Scwot On al Construction DMerence Total IRjRepbcament Owing Date Complete Openmg Date s ProleOCost if,A)Modwnoaton Construction I MA.ns Complete 2C24 Pnnxs%AmsHS(R) 1954 2027 73 1627 2026 OF warn ES+Baysde 6e(R) 1961,195' 2029 6971 68 4 2930 Swath HS IR 196: 2031 5, 197 7 ,A+nraae rotas 428 8 Projected Impact on Future Modernization Projects ❑ Updated Project Costs Increase: o $714.1 million Cl Timelines Move Back o 3 Schools:2-8 years o Average Age when Replaced:75 years o Future School Projects Average Age when Replaced:116 years This chart provides Historical/Projected Funding: Historical/ Projected Funding Linear 5%Inflation Rate . : fl I f Historical Funding Projected Funding February 7, 2023 7 CITY COUNCIL'S BRIEFINGS JOINT CIP CITY AND SCHOOL BOARD MODERNIZATION REVIEW COMMITTEE UPDATE ITEM#73741 (Continued) The next two (2)slide provide Funding Sources for Alternative A: Funding Sources-Alternative A Fundng Sources 2022123 2023124 2024/25 202526 202627 202728 a.n.Bo.s 32300000 32360000 02300000 32300000 323.0003 323000:< 5e•5.5er40. 0 C 0 C qnc F08r,Owenw t6000000 15000000 /8001003 52000000 12003003 /2000.000 Per,. 1.. '5X Y.: 2.0X 2.070 3.. 3530070 w.rssed CAC, 0 0 0 0 0 0 Er"'A P~";1`• 2 so0 OOC 2 SOC JCC 2500.000 2 500000 2000,000 2.000 �1CarbKb G ' 1Y.Corouctce Coma 21 3106675' 0 0 0 0 0 ;l<6rr onee..ve Feed 15002030 11.000000 12000000 12000000 12000.000 12/100000 'r1.W a01 TPI. 00 38875 62300.000 63 S00.COO I 0/3035203 01 670.000 111 000/51 Funding Targets not kee with in non costs <:. *r• ss 563.7 Mien S65.6 M6Oon $67.5 Mion $69.6 MOFon 571.6 Mixon 618 8.,1 tl $65.6 569.7 574.0 578.6 585.6 Mn:+• Million Million Million M60on Million _•,0 G 5 e 1 E 1 G 0 P U E i 1, Funding Sources-Alternative A Freefing Sources 202 723 j 202304 202025 2025726 202627 202728 lOrser bar 32100 000 32 300 003 32 300 000 32 300000 32 300 003 32 000 Sever es. c 0 0 C 0 P.Y.Fermi qr en.. s3000000 11000.000 15 000.000 12 000000 12 69 000 12003.003 Sae. 0•42 1 OOL 000 1 500 000 2000 D00 2 500 OOC 3 MO 000 3 S00 COG rt..1W aP7ee.lr 0 0 0 0 0 0 ,06.e,0e 25000,10 2300 000 2 500 000 2 520000 2 500 000 2 000 0 0 Reduced to Oft Caaewe.on.m.A. 21.M 6+6I 0 0 0 $15,823,813 0 D (o..oS'o9.r er5.on1 11 OM•••nig= 12.000 000 12.000000 12020 000 12.000 OGC Awoitin0 Reversion 7.10 p.0867S 02>X OG:---_03.800000I 01.301000 N.6m000 01..2C. Action .n......-...-..., -_......,++e�w...-. ........,b..wr.w 23,SAM rei"wae 1'�r.s.M.--«w.r•Ai 1.,a+rw..r.w.ua:.,...r...rn+.e 4,10•• +.MMSaR wCI.W6q..r..I.wr eelr' AMAIN NIMINti MO keeping up with In•.• • costs Rau 5722/23 6923/24 1310/® 561.7 Ma.on $65.6 Wenn $67.5 Mahon $69.6 M6h0n 571.6 Wan 51,1.. $65-6 $69.7 $76.0 578.6 SO3.4 5 18 Million MOFor Minion Mi6i0u M6ion February 7, 2023 8 CITY COUNCIL'S BRIEFINGS JOINT CIP CITY AND SCHOOL BOARD MODERNIZATION REVIEW COMMITTEE UPDATE ITEM#73741 (Continued) Here is a look at the February 15, 2022 Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA)Request for Proposal(RFP) #5083—Request for Conceptual& Detailed Proposals: PPEA RFP#5083- - Request for Conceptual & Detailed Proposals 1! �•. tr'.;;.viG.kik,C.1{C rY LURE i.Si HOG, t 1 1'Pl a RI(31 1,1 I,)R I)1 1 111 11)PROP,/S lI• \e•.cr...c t c1.I.,. .eh..•,,..1�rr;.nr,\u�tura rur.l„rr..ur.v..•\.r I111 Ilc.ul 1,rl akV ui 711I c III crt\I10.1,1%LIAr 11 001 k�c.l 111,E kin.,\II\c.0, l al l H lOck11\r1Xc.a.17\110, _IvoI ncll 1rMW�I.l1�L1 RIP Mal\u LOSI,DATL JWIll I`.,..7 .......___._� P11OctIILJt1V1 Oltlr.LR. Dann .,nnloq cPPO DES(RIP1IO\OF REOI ESI FOR PROP,I\.S1• tRIS DOc I SCSI<ONSTTRTES A REQUEST re&PPG SLAtED Dr T a 11 r r.rR..r•r•al PROW QI S1.I/1tfISDIS'WIAl.SANDOR ORc:AM11.A/1OSS 10 PROS Hr l 1c.,III R1:PLAc-A/LsT or T7RIt,JI nceootS FOR Tiff SD1GVIA DEAL R c 11 S rl nl 1• Sc11OO1.SYSttal THE Mil ,rt TON MAT RE Mir UT.D A\DNc.Stn al Tic,kl Tl Tr RLPRtSt,t%Mt:M lot RcONY\1 httos://www.vbschools.com/about us/departments/facilities services/current RFP The next few slides provide information about PPEA: Benefits of the PPEA Process ❑Schools Open Sooner (PPEA vs.Design-Bid-Buildi ■ Princess Anne High School-Jan 2028(FY 28)vs Aug 2028(FY 29)-0.5yrs+/- ■ Bettie F.Williams/Bayside 6th-Jan 2027(FY 27)vs Jan 2031(FY31)-4yrs+/- i • Bayside High School-July 2031(FY 32)vs Dec 2038(FY 39) -7 yrs+/- ❑Cost Savings • Earlier Completion �•�4 • Contractor and A&E Team NOWA �)�� • • Guaranteed Maximum Price(GMP) I A' 4 r a.; ❑Prototype High School Plan • Bayside High School plan can be used for First Colonial,Kempsville and Green Run High Schools ❑ Interim Agreement:$15.4 million-All funds appropriated ❑ Allows Design Process to inform:DRAFT Comprehensive Agreement &GMP(Guaranteed Maximum Price) February 7, 2023 9 CITY COUNCIL'S BRIEFINGS JOINT CIP CITY AND SCHOOL BOARD MODERNIZATION REVIEW COMMITTEE UPDATE ITEM#73741 (Continued) PPEA Process Interim Agreement Work Will Help Inform > Final Guaranteed Maximum Price(?) • $428 million • $714 million Conceptual Graph Funding vs Cost Schedule ➢Debt Service Impact(?) GM/' • Funding dCost Schedule seoea vs Cost ��e' >Communication with Community L._ — RG NaI ?Nucs ;IT 0u LIC S:NnCLS - r _ Public—Private Education Facilities and Infrastructure Act PPEA Interim Agreement-Three Replacement Schools CIP 1-015 Princess Anne High School Replacement $162,650,000 CIP 1-028 B.F.William ES/Bayside6"(Grades4-6) $68,387,500 Replacement CIP 1-029 Bayside High School Replacement $197,700,000 $428,737,500 One-Year Design Services Understand&Negotiate Comprehensive Agreement for GMP(Guaranteed Max Price) Proposed Interim Agreement Not-to-Exceed Total $15,404,544 . 55%of Total Design Budget • , 3.6%of Total Bud et ,t1k. • {._• -= PPEA Interim Agreement Status School Board Approved Aug.9,2022 i City Council Action— p•Deferred to Feb.21,2023 �-- v,P G N I A S E d c F :I T V February 7, 2023 10 CITY COUNCIL'S BRIEFINGS JOINT CIP CITY AND SCHOOL BOARD MODERNIZATION REVIEW COMMITTEE UPDATE ITEM#73741 (Continued) Thank You Aaron C.Spence,Ed.D.,Superintendent Jack Freeman,Chief Operations Officer Melisa A.Ingram,Executive Director Mayor Dyer expressed his appreciation to Ms. Ingram for the presentation. February 7, 2023 11 CITY COUNCIL'S BRIEFINGS YOUTH TACKLE FOOTBALL ITEM#73742 2:00 P.M. Mayor Dyer welcomed Don Marcari, Football Commissioner Great Neck Athletic Association and Jeff Doy Director of Tackle Football Great Neck Athletic Association. Mr. Marcari expressed his appreciation to City Council for their continued support. Mr.Marcari provided the history and value of the Citywide youth tackle football program, advising the Parks and Recreation Department cut the funding in June 2021. Mr. Marcari advised he met with City Council in August 2021 and requested funding in which a grant of$9,969 was provided. Mr. Marcari advised last year, the grant was decreased to$8,646 and usage of the Princess Anne Athletic Complex (PAAC) was no longer available due to a lack of Parks and Recreation Departmental resources. Mr. Marcari requested$25,000 and usage of two (2)PAAC fields to support ten (10) teams totaling 200 youth football players and provided the expense report, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. Marcari and Mr. Doy for the briefing. February 7, 2023 •,. . _ 2022 VB Youth : : ,.. ., 17 Teams Reg Season Play Offs Championship Total 6-Sr.Div,6 -Int.Div,5 -Jr.Div eeks NOTE: 9 1 1 11 PA Annex Fields $ 1,890.00 $210.00 $ $ 2,100.00 PA Annex Fields Cleaning Dep $ 250.00 $ 250.00 field Paint(2 Fields) $ 675.00 $ 75.00 $ 750.00 hampionship Game Custodial Crew $ 133.00 $ 133.00 Weekly Security .$ 1,575.00 $175.00 •$ 175.00 $ 1,925.00 Weekly FasTrak EMS $ 2,250.00 $250.00 $ 250.00 $ 2,750.00 Game Officials $ 15,640.00 $1,380.00 $ 690.00 $ 17,710.00 Port-A-John's (Season) $ 295.00 $ 295.00 Total ,$25,913.00 Grant $ 8,646.00 Jr.Tackle '$ 5,290.00 Shortage ($11,977.00) 12 CITY COUNCIL'S BRIEFINGS STEVENA. COHEN MILITARY FAMILY CLINIC AT THE UP CENTER ITEM#73743 2:40 P.M. Mayor Dyer welcomed Tina Gill, President& CEO—The Up Center. Ms. Gill expressed her appreciation to City Council for their continued support: the U center Si - 13.._ �� VET4•__•_ _••_•� The Steven A.Cohen .- .;;: • z Military Family Clinic V iw+y..liii** c4 !!!!!_! a� *****_!*_! at The Up Center 7+ w 0 4 Virginia Beach City Council Meeting February 7,2023 The next couple of slides provide an overview of The Up Center and the Steven A. Cohen Military Family Clinic: • • - ** the Up center .' ,` �� ' 1' i' . .. SINCE 11163 For i40 years,The Up Center has committed to -<. partnering with children,families,and communities fo improve lives and outcomes.Today,we offer more than 20 preyention,intervention,and support services " impacting more than io,000 people annually. ouickfacts 124 Employees,60,of these work in mental health services 5 Locations(Virginia Beach,2 Norfolk.Portsmouth&Suffolk) Alt ` - • Evidenced Based programing .k ! • 7o%of clients served have incomes at or below Z00%of the Federal -" r wleilL • Poverty Level. • St7+Million in Revenues(est.FY23) 1;?,....... ' P. i • Administrative Ratio8.2% • Committed&experienced executive leadership team • /', • Client and Data risen • Ability to handle complex operating and reporting requirements f City of Virginia Beach Partner • Housing and Financial Counseling L • Foster Cam and Adoption • Team tip Youth Men[oring • Outpatient Mental Health Counseling Sonic s ', , • Representative Payee Sen s • Sponsored l tomes Residential Services 3 • Emergency Response-Hurricane Matthew,Mass Shooting VB Strong-Group Counseling for City Employees iii•~ il ▪ Samaritan House-Group Counseling February 7, 2023 13 CITY COUNCIL'S BRIEFINGS STEVENA. COHEN MILITARY FAMILY CLINIC AT THE UP CENTER ITEM#73743 (Continued) wawa <1' o .1TT WWI z HMS INN. 1 V tMMTM•T GJ N ttUt. + --`` wp4 Founded by Steven A.Cohen in 2o16, with a$275 Million gift from Steven& Alexandra Cohen,the Cohen Veterans Network was created to serve post-9/ii veterans,service members,and military families through outpatient care at Steven A.Cohen Military Family Clinics. Cohen Clinics originated out of a need to • support the veteran community as they begin their next mission: healthy and fulfilling lives. Here is the "Community Need": Community Need • Nearly 25%of people living in our region are military connected. • 13,000 military personnel transition out of service in our region annually. • ALMOST 18%OF VIRGINIA BEACH RESIDENTS ARE VETERANS and approximately 25%of the school division's student population is comprised of active-duty,military-dependent youth. • Fewer than 40%of the 3.2 million American service members deployed since 9/11 have received the mental health care they need. • Family Members are no longer provided mental health services from Military Service providers and facilities. • Veterans,service members,and military families seeking mental health services are experiencing wait times as long as six months.Providers who offer culturally-competent services that are proven-to-work are difficult to find. • Many have resorted to paying cash to access quality care outside of their insurance-approved provider network. February 7, 2023 14 CITY COUNCIL'S BRIEFINGS STE VEN A. COHEN MILITARY FAMILY CLINIC AT THE UP CENTER ITEM#73743 (Continued) The next few slides provide the services at the Steven A. Cohen Military Family Clinic at The Up Center: Steven A. Cohen Military Family Clinic eine LW.. at The Up Center Our Virginia Beach Clinic opened in August 2019. Our mission is to improve the quality of life for post-9/11 veterans,service members,and their families by providing high-quality mental health care that is accessible to all. • We work with of all branches of service, r f including the National Guard,and see veterans regardless of discharge status or ability pay • Morning and evening appointments • Transportation to the clinic • On-site childcare _ / k • Telehealth,face-to-face video therapy • Integrated case management to coincide with therapy,supporting employment,housing,finances, and education Cohen Clinic at The Up Center Team Our clinic is operated by a team of highly qualified individuals including =licensed social workers and mental , health professionals with a deep --- .� - v understanding of military culture. • 441 Many are veterans and military family members themselves. r. Tour video link February 7, 2023 15 CITY COUNCIL'S BRIEFINGS STE VEN A. COHEN MILITARY FAMILY CLINIC AT THE UP CENTER ITEM#73743 (Continued) OUR CLIENT POPULATION 54%of our clients are Virginia Beach residents. 46% 51/ VETERANS and SERVICE FEMALE MEMBERS VETERANS •Includes:Other Than Honorable Discharge. National Guard,and Reserves. 1,600+ 54% Clients MALE VETERANS 21%0 ADULT 28% Among our veteran clients,women make up 46%of FAMILY MEMBERS CHILDREN the group.This percentage is almost three times the *Includes Partners, size of the female veteran population in the United Caretakers.and More States. 111111 Stories February 7, 2023 16 CITY COUNCIL'S BRIEFINGS STEVEN A. COHEN MILITARY FAMILY CLINIC AT THE UP CENTER ITEM#73743 (Continued) Impact through FY22 • 3,500+individuals called our Clinic and received at the very minimum case management services and a connection to accessible resources (therapy at our clinic or services from outside,community partners). • 1,600+clients entered therapy at our clinic. • 13,000+clinic hours. • 91%of clients seen in the past year saw an improvement in overall functioning. • 92%of clients seen in the past year would recommend our services to their friends and family. • CARF accredited in 2022 with a three-year accreditation—the highest level possible. Here is the Financial Model and request for$200,000 in annual funding from the City: ----------- Financial Model • The Cohen Veteran's network has provided all capital funding and the initial three years of operating costs to launch The Up Center's Cohen Military Family Clinic.($7.5 Million) • Beyond: 1. FY23 75%CVN 25%The Up Center 2. FY24 65%CVN,35%The Up Center 3. FY25 and beyond 50%CVN,50%The Up Center • Funding Sources(Targeted): 1. Insurance Reimbursements(15%) 2. Municipal Funding(10-15%) 3. Community Philanthropy and State Grant Funding(25-30%)FY25 and beyond 50 • Current status—All costs covered through 2023 with insurance&fundraising. $400,000+ gap in 2024,almost$1 Million in 2025. • Requesting$200,000 in annual funding from Virginia Beach February 7, 2023 17 CITY COUNCIL'S BRIEFINGS STE VEN A. COHEN MILITARY FAMILY CLINIC AT THE UP CENTER ITEM#73743 (Continued) Q&A Thank you! x ., * Mayor Dyer expressed his appreciation to Ms. Gill for the presentation. February 7, 2023 18 CITY COUNCIL'S BRIEFINGS INDEPENDENT CITIZEN REVIEW BOARD STATUS UPDATE ITEM#73744 3:17P.M. Mayor Dyer welcomed Andrew Damon,Legislative Affairs Analyst. Mr.Damon expressed his appreciation to City Council for their continued support: w Independent Citizens Review Board History & background Andrew J.Damon,Legislative Affairs Analyst February 7,2023 VIRGINIA —�� BEACH The next two (2)slides provide the State Authorization to establish the Independent Citizen Review Board (ICRB): State Authorization • Summer 2020, former Governor Northam called for a special session of the General Assembly • On October 28, 2020, then Governor Northam signed into law legislation that authorized localities to establish a law-enforcement civilian oversight body and defined the permissible scope of such body's authority. VIPGINEA February 7, 2023 19 CITY COUNCIL'S BRIEFINGS INDEPENDENT CITIZEN REVIEW BOARD STATUS UPDATE ITEM#73744 (Continued) State Authorization -continued • Oversight body shall reflect the demographic diversity of the locality • Such oversight bodies are not authorized to oversee sheriff's departments • The legislation also provided that a retired law-enforcement officer from a similar jurisdiction may serve on such law-enforcement civilian oversight body, but only as an advisory, non-voting ex-officio member. VERGENIA Here is a summary of the Council Taskforce& recommendations: 1111111111111111111111111111111 Council Taskforce & recommendations • On April 20, 2021, City Council established the Citizen Review Panel Task Force (CRPTF) to study issues regarding civilian oversight, gather community feedback, and make recommendations to City Council • On September 9, 2021, the Chair of the CRPTF gave a public briefing to City Council detailing the CRPTF's unanimous recommendations VIRGINIA �..� BEACH February 7, 2023 20 CITY COUNCIL'S BRIEFINGS INDEPENDENT CITIZEN REVIEW BOARD STATUS UPDATE ITEM#73744 (Continued) 4110.11.11111111 Adopting NACOLE ethics & standards • The CRPTF recommended that the City Manager adopt a Code of Ethics for the ICRB • After reviewing the recommendations of the CRPTF, the City Manager concurred with their recommendation to adopt Code of Ethics developed by the National Association for Civilian Oversight of Law Enforcement (NACOLE) VIRGINIA �." BEACH The next three (3) slides provide a timeline of events establishing the ICRB, appointing members and coordinating training: Council creates ICRB & selects members •Council adopted an ordinance on November 16,2021,accepting the CRPTF's recommendations and creating the ICRB. The ordinance established: i* Membership requirements ➢ Membership disqualifiers Y Terms of appointments .- Duties of the board and the establishment of policies and procedures for the performance of those duties •The City Clerk's Office created a customized ICRB talent bank application to address the numerous membership requirements and disqualifiers and to assist City Council in making appointments that reflect the demographic diversity of the City VfRGVNfA EACH February 7, 2023 21 CITY COUNCIL'S BRIEFINGS INDEPENDENT CITIZEN REVIEW BOARD STATUS UPDATE ITEM#73744 (Continued) Council creates ICRB & selects members -continued • Council designated a 4-person interview panel comprised of two Council members and two citizens • The panel reviewed talent bank applications and interviewed more than a dozen candidates • HR Department provided panel with demographic statistics to ensure appointments reflected the demographic diversity required by State law • On December 13,2022,City Council conditionally appointed 11 Virginia Beach residents to the ICRB,pending their successful completion of approximately 45 hours of training and ride-a-long experience • Subsequently,two of the conditional appointees withdrew their applications Coordinating training • Staff from the City Manager's Office, Human Resources, and the Police Department are currently working to schedule the ICRB pre-requisite training beginning in February ca VIRGINIA -�� BEACH February 7, 2023 22 CITY COUNCIL'S BRIEFINGS INDEPENDENT CITIZEN REVIEW BOARD STATUS UPDATE ITEM#73744 (Continued) Here are the Next Steps: Next Steps • Members of the ICRB will begin the 35 hours of instruction and 10 hours of ride-a- long experience in February • New members will need to be appointed to replace the two candidates who have withdrawn • Staff will work to coordinate with NACOLE, as subject matter experts, to integrate additional learning opportunities for staff and volunteers associated with the ICRB • Investigation Review Panel will continue until ICRB training is complete • Input will be sought from ICRB members on a board coordinator position VIRGINIA BEACH DISCUSSION VIRGINIA BEACH Mayor Dyer expressed his appreciation to Mr. Damon for the presentation. February 7, 2023 23 ADD ON CITY COUNCIL'S BRIEFINGS ITEM#73745 Vice Mayor Wilson advised she has been asked by some members of the Body to provide more information regarding Item— VI.K 17 on tonight's agenda, "Ordinance to TRANSFER $349,958 of Vacancy Savings within the General Fund to the FY2022-23 Communications Office Operating Budget and AUTHORIZE the City Manager enter into a Contract with the University of Virginia's Weldon Cooper Center for Public Service re community engagement for the City's Election System", and asked City Manager Duhaney to provide. City Manager Duhaney advised he has representatives Charles Hartgrove — Director, Dr. Thomas Guterbock-Academic Director and Cynthia Hudson —Attorney from the University of Virginia's (UVA) Weldon Cooper Center for Public Service available via WebEx to provide background information and answer City Council questions and turned the briefing over to Mr. Hartgrove. Mr. Hartgrove advised his team is proposing a three pronged approach which will run parallel due to the timing requirements. The first will be citizen engagement the Center for Survey Research will conduct using a City wide survey with a statistically valid method to provide City staff results on how residents feel about the current election system. The second involves the coordination with City staff to hold meetings in each district to gain additional citizen feedback on the election system. The third involves a team of legal experts who specialize in election and constitutional law. Mr. Hartgrove invited Council Members to ask any questions they may have. Council Member Remick asked if the team has any prior experience in conducting election system citizen engagement and with conducting surveys. Mr. Hartgrove advised he does not have specific experience in election system citizen engagement, however, Dr. Bertrall Ross is a Justice Thurgood Marshall distinguished professor of law and Director of the Karsh Center for Law and Democracy and Andrew Block who is an associate professor of law and Director of the State and Local Government Law Clinic, both are members of the team and have expertise in election systems. Mr. Hartgrove advised Dr. Guterbock can provide experience relating to surveys. Dr. Guterbock advised he has 46 years of experience conducting surveys and has conducted hundreds for agencies in Virginia. Dr. Guterbock advised the survey proposed uses a methodology that works well with general population and is designed to gain an even representation across the election districts. The questions on the survey will be written through his team and City staff. Dr. Guterbock advised it is important to understand the type of feedback provided during a Town Hall is normally provided by only a few people and does not provide an accurate representation of the whole population whereas a sample survey across the whole community, with direct contact to households, provides a much better representation. Dr. Guterbock advised the data will be weighted with all districts. February 7, 2023 24 ADD ON CITY COUNCIL'S BRIEFINGS ITEM#73 745 Council Member Taylor advised there were approximately 101,000 voters this past election and within the scope of work in this contract, the survey is targeted to 4,500 households in the City. Council Member Taylor expressed his concern of who will receive the survey since there were some districts with only a 30% voter turnout and he has received feedback that many citizens are confused on the current election system and may need more education in order to understand and complete the survey. Dr. Guterbock advised there will be surveys distributed to households for one person of the household to complete as well as a website where anyone can sign in and complete the survey, those who complete the online survey will be considered part of the non probability sample. Dr. Guterbock advised just like there are districts with a low voter turnout, the surveys can have the same results with some areas having a high response and others who do not participate. Dr. Guterbock advised there will be questions to determine if the respondent is a registered voter and their familiarity with the election system. Dr. Guterbock advised the Census Bureau provides a report on response rates that will help show where lower response rates were during the last Census, which he will use to send a higher number of surveys in that area to gain equal representation across the City. Council Member Taylor advised he is receiving a lot of emails and asked if those will be included in the analysis. Mr. Hartgrove advised he has not coordinated that with the City Manager but will discuss. Council Member Schulman asked if the survey will be translated in other foreign languages. Dr. Guterbock advised the survey packet will include the twelve (12)page survey written in English, a cover letter written in English, Spanish and Tagalog and a postage paid postcard for anyone who would like to request the survey to be provided in either Spanish or Tagalog. The number of requests for foreign language surveys is typically low. Council Member Rouse asked for the timeline. Mr. Hartgrove advised during the survey timeline below, the team will also conduct the public engagement meetings: March 22nd—mail advance letter March 28`"- mail survey packet April 6`"—mail postcard reminder May 26"—close data collection August 18`"—final results Council Member Ross-Hammond asked if hard copies of the survey will be distributed for those who do not have computer access. February 7, 2023 25 ADD ON CITY COUNCIL'S BRIEFINGS ITEM#73745 Dr. Guterbock explained the surveys will first be distributed by mail and then there will be a mailing sent out providing a website where the survey can be completed. Dr. Guterbock explained historically, if people are sent two (2)options to complete a survey, they will not do either and the response rate is higher if both options are provided separately at different times. Mayor Dyer expressed his appreciation to Mr. Hartgrove,Dr. Guterbock and Mrs. Hudson for the briefing and providing information which he believes has been helpful and demonstrates the objectivity in the proposed plan. February 7, 2023 26 CITY COUNCIL LIAISON REPORTS ITEM#73 746 4:03 P.M. Council Member Berlucchi advised he attended the first Cannabis Advisory Task Force meeting yesterday and former Council Member Shannon Kane was selected as Chair and Jason Blanchette was selected as Vice Chair. Council Member Berlucchi expressed his appreciation to the Body for appointing such passionate and experienced members to the Task Force and believes they will ensure the City will be best positioned to optimize the potential benefits and mitigate possible harmful effects of cannabis. February 7, 2023 27 CITY COUNCIL LIAISON REPORTS ITEM#73747 (Continued) Council Member Henley advised she attended the first Stormwater Appeals Board meeting last month with Council Member Schulman. Council Member Henley advised the Board established a regular meeting schedule and will have meetings on the third Friday each month at 9:00 a.m. Council Member Henley advised the next couple of meetings will be organizational, the Board plans to begin hearing appeals in April. February 7, 2023 28 CITY COUNCIL LIAISON REPORTS ITEM#73748 (Continued) Council Member Henley advised she is the Council Liaison to both the Open Space Advisory Committee (OSAC) and Green Ribbon Committee (GRC) and they are working together on the Open Space Program to determine the criteria in purchasing open space as well as flooding issues. Council Member Henley advised both Committees will have a joint meeting soon and she is looking forward to the work they will do. February 7, 2023 29 CITY COUNCIL LIAISON REPORTS ITEM#73749 (Continued) Council Member Rouse advised she met with the Human Rights Commission (HRC) regarding the Something in the Water (SITW) Festival. Council Member Rouse advised the HRC has an Independent Observer Program and was asked if the Body would like to use the program during the SITW to gather survey responses from attendees on their experience with the Festival. Council Member Rouse explained the surveys would be analyzed and a report would then be provided to the Body. February 7, 2023 30 CITY COUNCIL LIAISON REPORTS ITEM#73750 (Continued) Council Member Rouse advised the Housing Advisory Board (HAB) is conducting public engagement sessions to gather housing needs from citizens. Council Member Rouse reminded the public that there are two (2) more virtual sessions planned where citizens will have an opportunity to share how they feel about living in the City as well as any concerns they have. Council Member Rouse advised each session is approximately one and a half hours long and once the sessions are completed, the data will be finalized in a report for the Body to review. February 7, 2023 31 CITY COUNCIL LIAISON REPORTS ITEM#73751 (Continued) Council Member Ross-Hammond advised in 2020, pamphlets commemorating African American History Month were created with the help of the African American Cultural Center, the City and Sean Brickell, who unfortunately passed away shortly afterwards and never saw the published version. Council Member Ross- Hammond advised the pamphlets were initially created to provide various African American historical locations throughout the City for people to take self-guided tours during the pandemic. Council Member Ross-Hammond distributed copies and encouraged the Body to visit the locations listed, attached hereto and made a part of the record. February 7, 2023 l cd, NEWSOME FARM AND CEMETERY , L & J GARDENS Newsome Farm was founded on October 20,1869,when five This neighborhood was created i ' 4 4 - t,ll([('(G 4b#ito former slaves,Lemuel Stone,Jeremiah Hines,Eli Cornelius, irit in 1954 for middle-class Blacks Berry Cornick and Abraham Woodhouse,purchased a parcel during racial segregation.The of land known as"Newsum or Foremans"tract containing 220 1 neighborhood was developed by ,'- 1 I AFRICAN AMERICAN HISTORY acres.By 1887,the property Black businessman and college '° was surveyed and laid out graduate Walter H."Crow" x into lots.Newsome Farm Riddick.Thepicture-windowed,� �� � � ! to VIRGINIA BEACH ' grew into a settlement of 70 split level,pillared ranch colonials set on meticulously la ', �:, At1 homes.In 1977 the city began tended lawns,showcased a mid-20th century community 4. \ ',' rehabilitatingdilapidated , , } A ldexhibiting the American Dream.In December 2019,the �. homes,providinga water .*, Virginia State Review Board determined that L&J Gardens fib, 1i and sewage connection for is eligible for listing as a Historic District in the National , ,", every home,constructing Register of Historic Places(NRHP).The City of Virginia Beach _fit. a drainage system,paving has received an Underrepresented Communities grant from Improvements,androads and adding sidewalks. the National Park Service's Historic Preservation Fund and with the leadership of a dynamic civic the process to nominate the neighborhood to the NRHP is league,helped to develop an integrated"ideal community." underway.Members of the Riddick family and several other www.vaaccvb.org*Daniel Smith Road and Baker Road,23462 prominent professional Black families still live there today. www.vaaccvb.org *Northampton Blvd and Wesleyan Drive,23502 1 .) VIRGINIA AFRICAN AMERICAN " CULTURAL CENTER (VAACC) 14 a, m SEATACK COMMUNITY u. ' This site features a public art "` Fishermen of Seatack were among installation by nationally renowned I d, . artist Rich Hollant titled"Portraits ;� the first lifesavers along the entire t �',,o' .N`l'' Atlantic seaboard,and the original from a Place of Grace."This public �,; �� , art installation was commissioned :"; I `"4 i I lk1 t ,,.'1� U.S.lifesaving stations at the by the Virginia Beach Office of h ocea�'�� 1878nThe communitywas afront was named sck in ilk pioneer Cultural Affairs in partnershipr�i•.�� � p for its significant achievements in with the Virginia African American , g Cultural Center(VAACC.)Each portrait in the installation `' ',"" segregated Virginia.The residents represents a resident of each of the 14 historically Black of Seatack established schools,founded one of first Black- owned fire stations in eastern Virginia,and built churches, ' neighborhoods in Virginia Beach.The portraits reflect the g dignity,resilience and hope of several generations. parks,a recreation center and a community day care.On www.portraitsofgrace.us May 21,2013,Representative Scott Rigell read into the .• *Newtown Road&744 Hampshire Lane,23462 Congressional record to"honor the 200th-plus anniversary of the Seatack community,the oldest African American community in the United States."In December 2019,the .M 11EBENEZER BAPTIST CHURCH Virginia State Review Board determined that Seatack is eligible for listing as a Historic District in the National Register of Established in 1859, Historic Places(NRHP).The City of Virginia Beach has received this is among the oldest an Underrepresented Communities grant from the National surviving churches in Park Service's Historic Preservation Fund and the process to The William Alexander Family, 1921 rr Virginia Beach.Originally nominate the neighborhood to the NRHP is underway.Seatack wI Image courtesy of The Hawkins Family rr a small log cabin with no is also the birthplace of world-renowned artist,writer and 414 '. floor,the church grew "°` • producer,Pharrell Williams.www.m.seatack.civic.org �" , w• quickly with updated ,` Birdneck Road,23451 t, and additional buildings to accommodate the •------ �' congregation.The early A guided tour is in the process of being created.Please V I RG 1 fl 1 A G B E A C H church had several continue to check vaaccvb.org for updates on the guided LIVE THE LIFE distinguishing features including a pedal organ,stained glass tour and other projects.Special thanks to Dr.Amelia Ross- ProducedHammond,founder and chairman of VAACC;and Edna by windows,two wood burning stoves,a bell tower and a large the Virginia Beach Convention&Visitor's Bureau upstairs gallery.*965 Baker Road,23462 Hawkins Hendrix,author and local historian. I in nartnerchin with the Virginia African American Cultural Center.Inc. 1 ¶ OCEANA LODGE #69 PRINCE t Is well-documented that Africans brought the skills HALL AF & AM PLEASANT RIDGE SCHOOL and trades of their homeland to North America.Their '"ri+�t ' ,:. ; Oceana Lodge No• .69 of The first Pleasant Ridge expertise in navigation and agriculture helped shape it , ,; .�'%' the industry and waterways of the New World and I 1 f 't . Ancient Free and Accepted School,located adjacent ! Masons was founded in 1892. to the Asbury Christian Virginia Beach.Please note this is a self-guided tour.The Fellowship Church,was a puddings at locations 2&8 no longer exist. Except for locations ® ��``'' Although the lodge was one-room schoolhouse that` &8,the locations listed below are privatelyowned, but visitors • founded in 1892,this particular opened for Black children x`` ,' ' re welcome to drive by.For the remainder of the locations, ;,,„. r building dates to 1960.It's one around 1886.Around please check websites or call ahead for hours and pricing. of the oldest Masonic lodge 1918,the schoolhouse • halls in the region,and an important meeting place for the was destroyed by a fire. 161‹, , area's African American community. *1760 Potters Road,23454 Another was built shortly II, after.In 1989,school (I'IFIRST LANDING STATE PARK alumni,with the help of ' .5, ; ' donations and assistance tAfter the Great Depression, �2 from Sheriff Frank Drew, f' 4 President Franklin D.Roosevelt restored the schoolhouse. • NIMMO UNITED ` launched the Civilian Conservation www.carolshouse.com METHODIST *1392 Princess Anne Road,23462 15'8 ` -` Corps to provide work for millions �n tAN�o S' CHURCH Y • K ovilbN 13�R ', of young men,including 250,000 coN com2AN _.. no-t..-" African Americans.An all African sip c9?UNIONEstablished in 1791,the BAPTIST CHURCH ,• :...- f, American regiment,Company 4., "Imn r°It Nimmo United Methodist In 1862 while under the threat of slavery,determined Christians rr,icro.cor,.. • Ne• sen noes 17 to 4°-•:":•' "'"d trod. oth'" 1371,constructed trails and built "'"`"°" °' Church building included a ,ac '" walked down long dusty roads and rode in carriages to meet • dt nea...d ad.<.tlo..t oi,ortunit of for uMt h ena rtn.nct.l turmoil of the .. $ .°' ftrail,., $71ed the mar h cabins in what is now known as slave balcony that still exists , ,, � -. at the first structure known as"Bush Shelter"at Walk's Corner. .... ..a planted. wide variety of First LandingState Park.Although �- ' �:I+tt.rorCCCf disbanded g today.By 1829,a small "' �'' Fast forward to present day and Union Baptist Church recently """"''••••••••-•_• Black workers built the park,they celebrated its 157th anniversary.The church is home to the first group of white members and people of color formed a were not allowed to use it.In 1951, separate congregation.A parcel of land across the road African American female Baptist pastor in the Hampton Roads a group of local African Americans region and has a congregation of 300 members. from Nimmo was acquired by the new congregation's www,localprayers.com/US/VirginiaBeach *4608 South Blvd,23452 filed suit against the Virginia Conservation Commission for trustees and they built a church there,later to be known being denied entrance to the park.The suit wasn't heard until as Olive Branch Methodist Church.The group reunited PRINCESS ANNE COUNTY 1955,and officials chose to close the park that year rather with Nimmo and conveyed their church and property to TRAINING SCHOOL than integrate it.The park reopened its trails in 1961 and its Nimmo's trustees in 1894.www.nimmochurch.com. campgrounds in 1962.www.first-landing-state-park.org *2200 Princess Anne Road,23456 During segregation,Princess Ann *New Guinea Drive,23459 County kept denying the African American community's requests C. SEAVIEW BEACH AND for them to build ahi h school.Si 0 � ASBURY CHRISTIAN g FELLOWSHIP CHURCH the African American community � AMUSEMENT PARK � J '" raised moneyand bough t land fo 3etween 1945 and 1965, ' Originally known asAsbury United . ,� - - a school.They raised additional Seaview Beach and Methodist Church,this house of , '"'"'"�'° "'j funds and eventually,with the 4musement Park was a111 worship was founded in 1871 by help of some grants,were able to vibrant,attractive and ''r '' �-� African Americans in the rural get the county to build Princess popular place where African _ - A community of Pungo.The original Anne County Training School.This four-room school opened in 4mericans socialized,dined, , ,; .,'ip _ - ,, _. church was a log cabin structure 1938 as the first and only high school in Princess Anne County lanced and played during i that was replaced by a frame for African Americans.The Training School was renamed Union ;e re ation.Seaview had �'�'I buildingin 1917.The church was Kempsville High School in the early 1960s and the last graduatin g g class was in 1969,very late in the desegregation process.Union 3n amusement park with damaged by a hurricane in 1944 Kempsville High School was razed and eventually another school -ides and a midway,and featured shows by celebrities like and the current building was was built on the land.Today,Renaissance Academy houses the Ella Fitzgerald,Dizzy Gillespie,and Louis Armstrong.WRAP completed by 1949.The church's cemetery provides eternal Princess Anne County Training School/Union Kempsville High DJ"Big Daddy Jack"Holmes established the well-known rest for many Black leaders,including trustee Thomas Wright, School Museum,which features exhibits and original artifacts slogan,"See you at Seaview!"www.seaviewbeach.wordpress.com an original surfman at the Cape Henry Life Saving Station. from,students,faculty and the school. Shore Drive at W.Great Neck Road 23451 *1392 Princess Anne Road,23462 *100 Cleveland Street inside Renaissance Academy,23462 32 CITY COUNCIL LIAISON REPORTS ITEM#73752 (Continued) Council Member Taylor advised he is receiving citizen feedback on ways to celebrate Dr. Martin Luther King Jr. Day next year and is hopeful to have a larger event to honor Dr.Martin Luther King Jr. with more citizen involvement. Mayor Dyer suggested planning an event that would expand the over the weekend instead of one (1)day. February 7, 2023 33 CITY COUNCIL LIAISON REPORTS ITEM#73753 (Continued) Vice Mayor Wilson advised the Animal Control Advisory Board is requesting Council Liaisons and asked if anyone is interested in serving to let her know. February 7, 2023 34 CITY COUNCIL LIAISON REPORTS ITEM#73754 (Continued) Council Member Wooten advised she has received several emails concerning the status of the Urban Agricultural Advisory Committee and believes citizens have a right to know if members will be appointed. February 7, 2023 35 CITY COUNCIL LIAISON REPORTS ITEM#73755 (Continued) Council Member Remick advised the Resort Advisory Commission (RAC) held the annual Polar Plunge event at the Oceanfront on February 4`" and raised approximately $1.8 Million for Special Olympics. Council Member Remick advised there are a lot of events coming up this summer starting next month with the Shamrock Marathon followed with the SITW Festival in April and the county music festival in June. February 7, 2023 36 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#73756 4:15P.M. Council Member Henley distributed copies the proposed Ordinance, "To Appropriate Surplus Funds from a Tax Sale and Pay the Same to the Administrator of the Estate of Leslie Ann Parker", attached hereto and made a part of the record. Council Member Henley advised it will be added to the February 21, 2023 Agenda for consideration. February 7, 2023 REQUESTED BY 1 AN ORDINANCE TO APPROPRIATE SURPLUS FUNDS 2 FROM A TAX SALE AND PAY THE SAME TO THE 3 ADMINISTRATOR OF THE ESTATE OF LESLIE ANN 4 PARKER 5 6 WHEREAS, the City Treasurer initiated the tax sale process for the property 7 located at 565 Water Oak Road; 8 9 WHEREAS, after court-ordered auction of the property, payment of the costs of 10 the tax sale, and payment of delinquent taxes and nuisance liens, there were surplus 11 funds in the amount of$144,912.55; 12 13 WHEREAS, after holding the surplus funds for two years, the circuit court returned 14 such funds to the City as provided by Virginia Code § 58.1-3967 and such funds have 15 resided in a liability account since this return; 16 17 WHEREAS, the administrator of the Estate of Leslie Ann Parker, deceased, 18 petitioned the circuit court for release of the surplus funds, but the circuit court had already 19 provided these funds to the City; and 20 21 WHEREAS, the administrator of the Estate of Leslie Ann Parker, deceased, has 22 requested the City Council approve the return of the surplus funds, and Virginia Code § 23 58.1-3967 requires an ordinance to grant this relief; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 $144,912.55 is hereby appropriated within the General Fund and such funds are 29 to be provided to the Estate of Leslie Ann Parker. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16032 R-1 February 5, 2023 37 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#73757 (Continued) Council Member Henley advised during this past City Council Retreat there was discussion concerning City Council assistants and requested the background information from the City Council Meeting on June 21, 2022. Council Member Henley distributed copies of the Ordinance that was deferred with the verbatim transcript, attached hereto and made a part of the record. Council Member Henley summarized the information advising during the budget there was a line item for City Council "assistance" which is different than hiring City Council assistants,following the approval of the budget,she and Council Member Moss sponsored the Ordinance, "To Provide Direction to the City Manager Regarding Individual Assistants for City Councilmembers"which was deferred indefinitely on June 21, 2022. Council Member Henley advised she would like to have the same Ordinance placed on the February 21, 2023 Agenda for consideration as she does not support hiring assistants for City Council Members. February 7, 2023 • City Council Staff Report Subject: Ordinance and Verbatim Request for C• • ilmember Assistants Author: Patrick A. Duhaney, City Manager Department: City Manager's Office Date: February 3, 2023 Type of Item: Informational— City Council Only Summary By request of Councilmember Henley, staff is providing all Councilmembers with a copy of the Ordinance to Provide Direction to the City Manager Regarding Individual Assistants for City Councilmembers, which was considered and deferred by City Council on June 21, 2022, along with the verbatim notes from that discussion. Attachments (2) • Ordinance to Provide Direction to the City Manager Regarding Individual Assistants for City Councilmembers • Verbatim Discussion from June 21, 2022 Formal Session / , ��M--,.yL (41 l CITY OF VIRGINIA BEACH AGENDA ITEM Al ITEM: An Ordinance to Provide Direction to the City Manager Regarding Individual Assistants for City Councilmembers MEETING DATE: June 21, 2022 • Background: The proposal for individual assistants for members of the City Council was included in the Reconciliation Letter. See Paragraph 19 of the attached Reconciliation Excerpt. Section 21(b) of the FY 2022-23 Annual Appropriation Ordinance authorized the City Manager to implement a plan to "secure administrative and clerical support and executive assistance" for members of the City Council. • Considerations: While the need for staff support was discussed at the City Council Retreat, the inclusion in the Reconciliation Letter was not the subject of a full and robust public discussion. The sponsors of this item, Councilmembers Henley and Moss, have requested additional public discussion and vote regarding the issue of individual assistants for City Councilmembers. The attached ordinance directs the City Manager not to hire, contract for, or otherwise retain the services of administrative, executive, or support staff for individual members of the City Council. • Public Information: Public information will be provided through the normal Council agenda process. This issue was discussed at the City Council Initiatives portion of the June 7, 2022, meeting and at the Workshop Session of the June 14, 2022 meeting. • Attachments: Ordinance; Reconciliation Letter Excerpt; Annual Appropriation Ordinance Except Requested by Councilmembers Henley and Moss REQUESTED BY COUNCILMEMBERS HENLEY AND MOSS 1 AN ORDINANCE TO PROVIDE DIRECTION TO 2 THE CITY MANAGER REGARDING INDIVIDUAL 3 ASSISTANTS FOR CITY COUNCILMEMBERS 4 5 WHEREAS, Section 21(b) of the FY 2022-23 Annual Appropriation Ordinance 6 authorized the City Manager to implement a plan to "secure administrative and clerical 7 support and executive assistance" for members of the City Council; 8 9 WHEREAS, the proposal for individual assistants for members of the City Council 10 was included in the Reconciliation Letter; 11 12 WHEREAS, the sponsors of this Ordinance desire to consider the provision of 13 individual assistants for members of the City Council separate from the budget process; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA, THAT: 17 18 Notwithstanding Section 21(b)of the FY 2022-23 Annual Appropriation Ordinance, 19 the City Manager is hereby directed not to hire, contract for, or otherwise retain the 20 services of administrative, executive, or support staff for individual members of the City 21 Council. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPR D AS TO LEGAL SUFFICIENCY: Att ey's Office CA15851 R-1 June 2, 2022 Members of City Council FY 2022-23 Operating Budget and CIP Reconciliation Page 15 17. Increase the City of Virginia Beach Public Schools Grant Special Revenue Fund Operating Budget by $14,432,365. This increase in appropriations are supported through an estimated increase of $14,432,365 in federal revenue. These funds will be utilized for construction/renovation projects to replace entire HVAC systems in identified schools, additional funds for Title I personnel and benefits; additional teachers and counselors for summer school; additional teachers counselors, and bus drivers for before and after school programs, online STEM resources for before and after school programs, fuel for before and after school programs, stipends for reading and math teachers teaching online and face to face sections of the same course(s) at the same time(s), take home manipulatives for students to address unfinished learning, and funds to support transportation and counselors for homeless students. 18. Ahead of the FY 2023-24 Operating Budget process, the City Manager is to provide a report to City Council with options to establish a sustainable Parks and Recreation-Recreation Center plan. This report will not be a recommendation for support but instead will be used to provide City Council and the public with clarity and the overall facility maintenance and long-term replacement/modernization needs are for the existing City recreation centers. Per a consultant, based on current facility conditions and age modernization needs exist for the following Great Neck, Bayside, Princess Anne, and Seatack. Included within this report will be a projection of the cost for construction and operational needs as well as information of what funding gaps might exist. 19. To improve the effectiveness and efficiencies of government in the delivery of services, the City Manager is authorized to redirect long term vacancies and their associated salary and fringe benefit cost to make organizational adjustments necessary to implement the following initiatives: — To improve existing technology services, applications, as well as, streamline the implementation of new technology applications and services throughout the City. — To provide the members of City Council with administrative and clerical support staff and executive assistance. — To provide an additional FTE to the Resort Management Office in their efforts to improve customer service and streamline service delivery with the public and business community. 20. The City's current contract with HR Alliance is set to expire June 30,2022.In lieu of extending the existing contract, it is the desire of City Council to terminate this contract and negotiate a new one-year conditional agreement. Until the agreement is developed, and the expectations are defined. funding is to reside within a dedicated reserve titled "HR Alliance Contribution". To fund this initiative, the General Fund operating budget is increased by $459,470 which is the equivalent of S l per capita. The amount to be provided to HR Alliance, from this reserve. will be determined by a future decision by City Council. Offsets and Revenue 210 Emergency Communications and Citizen Services 911 Telecommunicators access to a team of licensed mental health 211 professionals to coordinate support services. 212 213 Sec.3720.To ensure proper allocation of health insurance,the City Manager is hereby authorized to transfer health 214 insurance between departments and funds,in any amount notwithstanding other budgetary controls outlined in the 215 ordinance up to the total amount budgeted for health insurance, to ensure health insurance cost align with actual 216 expenditure. 217 218 Sec.3821.In Fiscal Year 024-2-2-2022-23;to further improve the effectiveness and efficiency of the government in 219 service delivery,the City Council hereby authorizes the City Manager to implement any organizational adjustments 220 not otherwise set out within this budget document that may be necessary to carry out the following initiatives: 221 a. 222 ;The departments throughout the City to improve existing technology services and 223 applications and to streamline the implementation of technology applications. 224 b. 225 ss;The City Council to secure administrative and clerical staff support and executive assistance. 226 c. The City's Automotive Services Division of the Department of Public Works to review the provision of 227 storeroom services, including but not limited to, parts and supplies for the City's fleet assets. This may 228 include the sale or conveyance of City inventory and assets. 229 d. The Convention and Visitors Bureau, to provide the Resort Management Office with staff support to 230 improve customer service and streamline service delivery with the public and business community. 231 232 Adjustments in furtherance of this Section 280 may include the transfer of appropriated funds and existing positions, 233 notwithstanding the departmental or appropriation unit placement of such appropriations and positions within this 234 document.Any adjustments made for these purposes shall not be subject to the limits set forth in Section 10 of this 235 ordinance.The City Manager shall make a report within ten days of any adjustments that are made as a result of the 236 authority granted by this section. 237 238 Sec. 22. In order to comply with governmental accounting guidelines, S2,211,066 in appropriations is hereby 239 transferred from the General Debt Fund to the Agriculture Reserve Program(ARP).The FY 2021-22 budget included 240 appropriations in the General Debt fund to make payment on ARP principal. The first purchases made through the 241 ARP occurred in FY 1996-97.The 25-year term on these initial purchases became due in FY 2021-22. This transfer 242 will allow for the payment to be made from the correct fund.The effective date of Section 21 is May 10,2022. 243 244 Sec.23.The City of Virginia Beach hosts hundreds of special events annually,which draw participants and spectators 245 who raise contributions to support nonprofit organizations or contribute to the local economy and often provide 246 additional revenue to the City and the community. Many special events require some form of city services,such as 247 road closures, traffic control, security, contingencies for emergency services, utility connections, and clean up 248 resulting in operational costs to city departments.To support and encourage expansion of special event activities in 249 the City,RES-03612,adopted May 14,2013,is hereby rescinded,effective immediately. Henceforth,the recoupment 250 of special events fees shall be within the discretion of the City Manager.The City will provide safety standards and 251 support service requirements for permitted special events without charging a fee or recouping any expenses related 252 to the special events. 253 254 Sec. 24. The appropriations herein include an amount equal to $1 per capita for the Hampton Roads Economic 255 Development Alliance(HREDA). Notwithstanding the appropriation,the execution of any agreement with HREDA is 256 expressly conditioned upon formal approval of such agreement by the City Council. 257 258 Sec.3425. Violation of this ordinance may result in disciplinary action by the City Manager against the person or 259 persons responsible for the management of the Appropriation Unit in which the violation occurred. 260 261 Sec.1026.With the exception of Section 21,this ordinance shall be effective on July 1,20242. 262 I VIRGINIA BEACH CITY COUNCIL June 21, 2022 8 : 13 p.m. FORMAL SESSION ORDINANCE TO PROVIDE DIRECTION TO CITY MANAGER RE: INDIVIDUAL ASSISTANTS FOR CITY COUNCIL VERBATIM CITY COUNCIL Robert M. Dyer, Mayor At-Large Rosemary Wilson, Vice Mayor At-Large Michael F. Berlucchi Rose Hall - District 3 Linwood O. Branch Lynnhaven - District 5 Barbara M. Henley Princess Anne - District 7 N. D. "Rocky" Holcomb Kempsville - District 2 (Vacant) Bayside - District 4 John D. Moss At-Large Aaron R. Rouse At-Large Guy K. Tower Beach - District 6 Sabrina D. Wooten Centerville - District 1 CITY MANAGER: Petrick-A. Duhaney CITY ATTORNEY: Mark D. Stiles CITY ASSESSOR: Ronald Agnor CITY AUDITOR: Lyndon S . Remias CITY CLERK: Amanda Barnes, MMC SARAH DEAL JENKINS, MMC DEPUTY CITY CLERK, II 2 CITY CLERK: We have two speakers . The first speaker is Barbara Messner, and after Mrs . Messner is Sara Gerloff . BARBARA MESSNER: I think since you' re giving people bonuses, I don' t deny how much overtime and how much work. I 've known Ruth Fraser for a long time, but she didn' t have to do the work that these people do . That ' s why a lot of people are rotating because you give them too much work, but if you give them the work then you should pay them the bonuses . If you overwork them, you take it out of your pocket, not ours . And, you know, I was friendly to the City Manager when he came here . How many times have I talked about the lack of street lights? If he really was in charge, something would have been done. Hansen took care of problems, but, you know, he ' s still under temporary. But, you know, I disagree with these assistants . If y'all can' t do your jobs that you were hired to do and you don' t answer, you know, Mrs . Wilson and Mr. Tower, Mrs . 'Whisper ' Wilson, you' re my reps, you don' t reply to me, and, yes, Mr. Jones did answer calls and he was polite and civil . I don't like how he voted, but he did return every call , and so did Will Sessoms, but none of y'all do. So, I object, and no assistant should have access, especially young assistants, to all the documents and everything. So, I 'm in opposition. CITY CLERK: The next speaker is Sara Gerloff . SARA GERLOFF: Okay, Henley and Moss. Let ' s see, so, once again, we, the people, are the true government . We, the people, established our government to protect our unalienable God-given rights to life, liberty, property, and pursuit of happiness . Since all men are created equally, we are also to be treated equally under the law. You have been chosen to serve the true government by protecting our God-given rights and serving us equally. Since it is clear to the people, the rightful government, that you have not been doing your job, since you have not been protecting our unalienable rights, you have not been treating us equally, and you clearly serve-you-rselves, your interests and your buddies , we do not authorize the use of our money for your assistants . By using our money, you would be misappropriating funds, which is also known as embezzlement . You would also be taking money out of the cookie jar that is to be used to pay our legitimate employees. I read through the Virginia Beach City Charter. It appears you have been following this Charter instead of real law. Obviously, a Charter is not law. You should know that, Mark. The Virginia Beach City Charter violates our unalienable 3 God-given rights at every turn, thus violating the supreme law of the land. You have been following this Charter for some time and are completely lost at sea. No wonder our City is a complete mess rife with danger and debt . We certainly have an education problem in this country, and the so-called law schools are partly to blame . CITY CLERK: That ' s all the speakers, Sir. MAYOR DYER: At this point, let ' s have a motion and a second, then we ' ll go into discussion. COUNCIL MEMBER MOSS : The motion is that we would adopt direction to the City Manager directing him not to expend the already appropriated money for assistants, and the assistants would not be created for Council Members . COUNCIL MEMBER HENLEY: Second. MAYOR DYER: Open for discussion. COUNCIL MEMBER MOSS: Since I made the motion, could I have discussion? MAYOR DYER: Yes, you can. COUNCIL MEMBER MOSS : Thank you, Mr. Mayor. There ' s two aspects to this which I want to briefly talk about, and I know all my colleagues have heard me talk about before, what we knew, but I know people might have read the actual Agenda Item as if we were requesting and supporting assistants for Council Members, but it was not . It was to secure direction. The budget set aside an appropriation but provided no direction as to its expenditure . Obviously, the Manager was waiting what the direction was, and so the vote tonight either provided direction as to which of the options that were last time, but my point is how many people work in an environment where the employee can redefine the job? Probably not many can redefine the job that they do. We all knew what the job was when we ran. There ' s no assistants . You are everything, end to end, you name it . You answer the e-mail, you answer the calls, you prepare alternative budgets, but you knew the job was technically part time, was a lot of hours, and was going to cause a sacrifice on someone ' s part, most likely it ' s the family. So, that was the job, and we all went out and raised money and campaigned to get the job knowing what the terms are . Now, I admit that I 've been doing this job off and on since 1986 . I 've been a District Council Member, I 've been an 4 At-Large Council Member, and I would say that technology certainly has enabled more people to interface with us, but my interface surface area has not increased, so that is certainly ' a challenge, but I knew that when I took the job. I don't know that there isn' t a case to be made for assistants, but there ' s the right way to make that case . Currently, our City Charter won' t allow us to have assistants as direct reports like the General Assembly because it says we can't manage employees . So, to make, to enable this concept, we have to have one of the options . That ' s the one that ' s been recommended, that we have a temporary employment agency which we ' d have a contract with, and we would then tell them who to hire, but that would be then the employee of the temporary agency and we would have a contractor/Councilman relationship with the contractor as the supervisor to get around the Charter. Well , the right way to do this, if we really think the case is for this to be made, is to go forward and propose a Charter change, get the people who are the employer to redefine the employer relationship and our job, get them to vote yes, and then go to the General Assembly and allow us, like the General Assembly in Richmond has, they all have legislative aides which work at their will which they appoint, and that ' s how life works . So, I 'm not -- so, I don' t know what the merits are . That ' s debatable . Each of us can come to our own conclusion. But I am certain who the employer is, and I do know when this was put into the budget at reconciliation a week before adoption that this wasn' t a major discussion item that we were creating those, and I have not heard lots of public support . I won' t say none, never say none, but not great public support for assistants . And I think if we ' re going to do it, the right way to do it is with the very community engagement we talk about on so many other items. This is a major change . We ' re now creating, well, I 'm not going to take an assistant, and I think Mrs . Henley has expressed the same, and I knew that was Mr. Jones ' expression, as well, but we ' re creating additional interfaces with the City. Now, I don' t know what all the OPCON/ADCON relationships are . That has yet been laid out, so we don' t really have any formal roles of engagement of these people. Do they speak on our behalf? There ' s just lots of questions . But I 'm proposing this because I don' t believe how it was adopted is in keeping with what has traditionally been a very transparent decision-making process on our part . This was mentioned briefly at the Retreat . I thought it kind of had gone away, but it came back in the budget process . I didn' t vote for that budget, but that ' s where it showed up in a Resolution. But it comes back to, and ultimately the public 5 will be the judge to whether or not this is something that they would expect us to do at our discretion acting in their best interest to unilaterally change the terms of our employment, and that ' s the fundamental difference . I respect people coming to a different conclusion, and I defer to the public ultimately to pass their judgement as to how they think they concur with our judgement or not, but that ' s the end of my remarks . Thank you, Mr. Mayor. MAYOR DYER: Mrs . Henley? COUNCIL MEMBER HENLEY: Well , I also had indicated that I just didn' t think that this was something that we had any -- well, I know we have not had any public discussion about it, and the public had not had any input during the budget . It just came in the reconciliation seven-page letter and just said that the City Manager would provide Members of City Council with administrative and clerical support staff and executive assistants. And my thinking was that there would be an additional employee in the City Manager ' s Office to help with City Council concerns, as we have done in the past, that there needed to be another one because there were more concerns than we had in the past, and so there would need to be another such person in the City Manager' s Office. That was my thinking because we had not discussed this concept of each individual Council Member having an assistant . And as the proposal came to us, it would be for up to 20 hours a week at $20 an hour, and I was really taken aback by one of the e-mails we got this week from someone who said that they had a family member who had been working for the City for a number of years and still wasn' t making $20 an hour. And I just think this whole concept of each one of us having an assistant for 20 hours a week and paying them $20 an hour is just not what we, well , we haven' t talked about it , the public has had no input . This resolution says that the City Manager is directed not to hire or do this because we had thought there should be more public discussion before such a thing is done. But I know the years that I 've been on the Council I read my own e-mails, I do read them all . I don' t answer them all individually because I just really would run out of time for that, but I think the people that send them expect me to read them. They don' t expect an assistant to read them and tell me what they think they said. If there ' s a phone call , it ' s from me, it ' s not from an assistant . If I 'm going to do research on the topics that are before us, I need to do that research and I need to come to my conclusions . I don' t need an assistant to help me make my decisions or whatever it is this assistant is supposed to do. I just don' t 6 think that ' s our job the way it is, and I really think if we ' re going to go to that it needs to be after there ' s been a lot of public discussion and public input . And I appreciate the City Manager sending us this organizational chart this week because I think it was discussed somewhat that the Mayor needed assistants , and I thought this was right . There ' s always been an executive assistant full time to the Mayor in the Mayor' s Office and has been available for other Council Members to use for scheduling and so forth, and I just thought there was going to be another one now, as well . And I think if there ' s going to be additional help, which it may very well be needed, I think it needs to be a person full time properly trained properly hired, properly overseen by someone, probably the City Manager or under his organizational chart or someone who' s going to be responsible for that person in the same fashion that we do all employees . But for us, each one , to have a temporary person hired from an agency who doesn' t know the background of the City, I just don' t think that that ' s the caliber of work that we are expected. I don' t think what they would be able to do would be what is expected, and I certainly would not have someone do that and spend the taxpayers ' money in that fashion. That ' s my job. MAYOR DYER: Michael , and then Aaron. COUNCIL MEMBER ROUSE: I thought I was before Michael , but I ' ll give you the floor. COUNCIL MEMBER BERLUCCHI : I thank you for your deferral . Well , I really am sorry about the manner in which this conversation has unfolded because I think in some ways it ' s lost track of the original focus of the discussion which is about constituent services, which is about more completely connecting Council Members who are representatives of the people, of voters , of Virginia Beach citizens, with their City government . And it ' s true that we are a part-time City Council, but anyone who has served in this role will tell you that it ' s not a part-time role. I hear the Mayor often talk about the only thing part-time about it is the pay, but we go into that knowing what that is . No one is here for the pay. We' re here because we care about the City of Virginia Beach and the people who live here and want to make this City the best that it can possibly be. Unfortunately, though, it ' s very challenging, and I 'm willing to state it , I 'm willing to say it, it ' s very challenging to have a full-time job, to be a professional , which we all are, and to do this role and to not have support . So, I think 7 that, and I can support that claim by sharing that City Council Members all across the country, including within the Commonwealth of Virginia, some that are part time, some that are full time, they all have sort of administrative support, and the reason they do is so that they can be more accessible, not less . This is not about having aides answering the e-mails . It ' s actually about being more proactive so that your Council Members will have the support they need to not only do the jobs they have in their other professional lives but also be able to connect with the people they serve more fully and be more efficient in doing so. Now, I think the criticisms that have been shared, some of them are fair. I think we have to be careful about a lot of the aspects of this conversation and for good reason, but I also think that we should keep the focus rightly where it needs to be, which is how can we best serve the people of Virginia Beach. How can we unlock the greatest potential in each of us as Council Members in terms of scheduling, in terms of communication, in terms of being available at events, in terms of managing time, in terms of being an advocate for constituent concerns within the City government. Now, we do have folks who do that, and they do a very good job and I talk to them almost every day, but I think having staff support for Council Members could actually enhance the Council Members ' ability to deliver on their promises of service to the people . And I think that the sort of allegations and the dispersions that Council Members having staff would somehow create barriers with the people, I think that ' s very unfair and I think it ' s very shortsighted, and I even dare to say that it ' s even based in politics rather than good policy. And so, what I would say to my colleagues here is I heard you. I think the people of Virginia Beach heard you. I think we have more work to do on this, but because one member doesn' t think that a staff member would benefit them you shouldn' t impose that constriction on your colleagues who understand that actually having support in whatever form that may be, and I 'm open to that, could actually let us do a better job. It could enable us -to deliver better services, more direct services, to be better advocates for the people . So, I think we have more work to do on this , and that ' s the reason at this point I would make the motion for an indefinite deferral for the resolution that ' s before us today so that we can talk together as a community. Maybe we can solicit the type of public engagement that my colleagues have requested. We can do a more complete dialogue about it . We can put our brains together a little bit more fully so we can get this right, shape it out in a way that ' s more responsive and • 8 reflective to the individualized needs of Council Members . We ' re all different . Each one of us are different. We work differently, and we ' ll be best served by a system that served us as individuals, and so that ' s why I will make a motion to defer indefinitely. COUNCIL MEMBER ROUSE: Second. MAYOR DYER: There was a substitute motion and then there was a second. Discussion on the substitute . Aaron? COUNCIL MEMBER ROUSE: Thank you, Mr. Mayor, and not to repeat my colleague, Councilman Berlucchi , who spoke very eloquently, and I have a lot of respect for my colleagues who have served on this body for a number of decades . Within that number of decades, our City has grown, and as we 've seen these past two years, there ' s a tremendous amount of need out there. And even though this is considered a part-time job, many of us work more than part-time hours . We work around the clock. So, I don' t see having help, particularly when you' re going to districts, as a barrier or a means to create more barriers between us and people. I see it as help, which quite frankly we need. It will allow us to help us better respond to our constituents, constituent services . I don't see it as, I think it ' s a far stretch, but I don' t see it as someone who ' s helping our office, reading our e-mails, or answering, or doing our work for us . No, we ' re still doing the work, because I can tell you right now with 11 Council Members, we depend on our City Clerk an awful lot for a lot of things that she does . And so, again, within these past two years, if it ' s taught me anything, it ' s taught me there ' s tremendous need within our community that ' s out there, so I see this as a way to, again, help us with constituent services. And also, again, every Council Member is different . Every district is slightly a bit different, and I don' t see why the Council Member doesn' t want to have someone to help them, they shouldn' t have to, but that doesn' t - - that shouldn' t stop them or impose -- they shouldn' t impose that on the rest of the Council being their will . And the last thing I will say is, there ' s a lot of intersectionality when it comes to Council Members, the age of Council Members, as well , and I only bring that up because we have a very senior Council, as well , and a lot of Council Members who are retired in that sense where some of us still work full-time jobs, are very, very active, as well , and, again, with the hours on this job it ' s well over 40 hours a 9 week, I can tell you, there needs to be some help, and I think this is a way we can also help us communicate effectively with our constituents and provide better services . So, thank you. MAYOR DYER: Barbara, then Rosemary. COUNCIL MEMBER HENLEY: Well, if we ' re going to defer it so that we can talk about it , that ' s exactly what I want to have happen. As I said, I recognize when we adopted this sentence in the reconciliation letter that there was some plan to hire somebody to help with the Council getting response to concerns from citizens, and that definitely would need to be done . It needs to be done professionally, and that ' s what I think is so important, but when the proposal came back to us to hire each one of us someone from an agency for a time for whatever we were going to do with them and these people had no background with the City, how in the world were they going to be able to be effective? It gave me a great amount of concern. So, if we ' re going to go back to square one with this and we ' re going to say how can we do a better job of really doing what needs to be done to help us answer the concerns of the citizens, I 'm all for it because I think that very likely there does need to be another person some place in here, but I think it could be done in such a fashion that we make certain that person is trained properly for the job and has the oversight and responsibility and accountability and so forth City employees should have. So, I certainly will support that and look forward to working to get something that will answer the needs for our citizens but also make certain it ' s responsible in how we ' re spending the public ' s money and is going to actually deliver the job. I know that everybody has different needs , and I still work a full-time job, even though I guess I 'm now officially the oldest Member of the Council, but I can tell you farmers work some pretty long days and you just kind of do everything the best you can, and we do 24/7, just like all the other City employees do. We ' re on call whenever anybody wants us , and we just have to work it out and we alt—Have -to deal with it in the best way that we can. And so, we do have different needs , but I think the accountability is to the public, and this was just not developed in a fashion that the public knew what was going on. And I think if we ' re going to do it in the right way, I 'm all for that, and so I will vote for the deferral . MAYOR DYER: Rosemary? VICE-MAYOR WILSON: First, I 'd like to say I think it ' s been named wrong. I don' t think these are assistants . These 10 are really aides . These are aides to Council Members rather than assistants . We 're entering a new voting system and we 're becoming a ward system, and they' re very similar to what a Delegate ' s District would be . Delegates all have aides to assist them and it helps them be a better legislator, and that ' s what the intention is, is this is for us to be a better legislator. It doesn' t mean somebody else does our job. And like I said, these people will be training, and we ' ll need training too because it will be something new for how we all would work together if it comes to pass . But just because there ' s a new person doesn' t mean they' re not going to be a professional person, so I think whoever is going, if someone is an aide, just like the General Assembly, they have to learn that job, but they also can be very professional . Just because they' re new doesn' t mean they' re not professional . And the temporary agency can be utilized if you didn't know someone who would like to be your aide, but some people already may have identified who they think would be a good aide. So, I think there ' s a lot of roadblocks there, but I 'm glad to talk about it some more, but I will say as far as Bobby' s concerned, the City Charter, his aide really reports to the City Manager, and Bobby is not supposed to tell that person what to do or make requests of that person because it ' s not his employee . It ' s the City Manager' s employee. So, we are in violation. Even though we did it in the past doesn' t make it right . Just because you did it before doesn' t mean it ' s right , because now we know and we are aware that we are in violation of the Charter by doing this . So, I 'm going to support the deferral , but I really think there ' s been some misnomers and this is nothing new. I got an e-mail from the Vice Chair of the Fairfax County Board of Supervisors, she ' s the Vice Chair, she says to me, "Fairfax County has had Board aides for as long as she can remember going back to the ' 70s" . You' ll be shocked at this : "Each Board Member is allotted about $550 , 000 for running their offices, and each has a position count of six. The Chairman gets a few more because he has to cover countywide . At present, I have five staff and one has been with me for 22 years and the shortest tenure is about six years . Most Board offices divide their portfolios of issues into broad categories : Transportation, Human Services, Parks, Libraries, Utilities, etcetera, scheduling land use and so on. Salaries range from the mid-40s to $150, 000 . One Board Member pays his Chief of Staff way out of range. The Board Members make their own decisions as long as it ' s within budget . My staff is paid between $55 , 000 and $85, 000 for a 40-hour week. My staff does not get comp time, overtime, or a gas allowance, but they do 11 qualify for sick leave, annual leave, and retirement . They are employed at will so do not have civil service protection. " I thought that was interesting information. No way is anybody suggesting at this level . I think the suggestion that was talked about was for Bobby you have a full-time person, and anybody that would like it, and it ' s an individual decision, if you don' t want to do it, you don' t have to take it, but if someone really thinks they' d like to try having an aide, not an assistant, an aide, it ' s half a position, which is 20 hours a week. So, I just thought I would share this information with you today. MAYOR DYER: John? COUNCIL MEMBER MOSS : Well, I want to get back to the root of the issue. We think we want to better support and be better support to citizens if we had assistants, but do assistants say that our requirement is one that they validate? You know, it ' s like, it ' s ultimately the citizens that we work for that determine whether or not the support they are getting is sufficient or not and what do they think. That ' s why I think when I support the community engagement to find out if, in fact, the services that we want to provide or we think the gap is between what we 'd like to do and what we are doing that they perceive that same gap. I am always a big fan of requirements analysis . I made my living doing requirements analysis, but you need to have the customer validate the requirement . You can' t validate your own requirement . That is the essence of the self-licking ice cream cone . So, you've really got to engage the public and then you've got to say what has changed, because a lot has changed, but the number of people you have served has shrunk by 90%. It ' s not 460 , 000 . It ' s 46 , 000 . Now, their expectations might be somewhat different , and I don' t disagree with my colleague on that, whatsoever. And I was working a 60-hour a week job since 2001 until recently and At-Large, not quite the same, but I 've been a District person, but I also got to spend more time on larger strategic issues Iike developing alternative budgets because I wasn' t out doing as much constituent service . I agree that that public expectation has changed. I think they have to be an active party to say that our solution is the one they want . So, I applaud having that kind of discussion with the public so they can know what their expecting. And I don' t know that the right model isn' t the General Assembly model . That would require us to modify our Charter . I think that ' s much preferable to a temporary employment 12 agency solution, because then the person that you want to be your trusted agent, which is what they have, that ' s what you have to have to make that relationship really work to have a semi-alter ego and make that work, you' re not going to achieve that objective through an employment agency. So, if we ' re going to go after the real requirement and the real solution, then we really need to figure out let ' s not adopt an interim thing that all of us agree is a committee designing an elephant when in fact it is really the instrument that we want . I think that would be, and I look forward to that discussion, because I think in the end it ' s validating what we think the requirement is with the people that employ us . If we do that, then I 'm all on board. MAYOR DYER: Michael? COUNCIL MEMBER BERLUCCHI : Well, I think we ' re close to moving forward to a vote on this, but I just want to correct the record on a couple of things . One is that, or at least clarify the record, the proposal that was in the budget did not include hiring any new staff members . It was that incorporated in existing vacancies , the Manager found the resources within the vacancies attributed to and appropriated for City Staff to fund these positions which are part-time aide positions . And I think that ' s an important decision, because I think it ' s been characterized to the public that somehow we were bringing in new resources to bring aides in, and I think that was sort of a cheap political hit . COUNCIL MEMBER HENLEY: I beg your pardon. COUNCIL MEMBER BERLUCCHI : I do think -- MAYOR DYER: Okay, please? COUNCIL MEMBER BERLUCCHI : -- that ' s my opinion of it . COUNCIL MEMBER HENLEY: It wasn' t a cheap political hit . COUNCIL MEMBER BERLUCCHI : Because I think it was a mischaracterization of an honest policy discussion about how we can each serve our constituents in the best way possible . And I think we owe it to each other to have that conversation, so I don' t want that to be the -- I don' t want the public to think that we were creating new positions here because we weren' t . And also, we have a workforce of about 7 , 500 people, and we don't bat an eye when we say we need new staff support in the City Assessor' s Office so that they can be more efficient at their job. We don' t bat an eye when we say we need to bring in more pubic works employees because their 13 workload is so heavy and it ' s constraining on their ability to do their work to serve the public. But somehow, when we say members of Council who are also City employees who are hired by the people to do this job, when we say that we might want some aide support to be more efficient in our job, somehow it ' s unreasonable or positioned by our colleagues as some kind of luxury that we ' re seeking. It ' s not . It ' s about how can we be the best at our job, and I hope that we can keep the conversation moving forward focused on that. Thank you. MAYOR DYER: Mrs . Henley? COUNCIL MEMBER HENLEY: I 'm sorry, I just really have to object to that characterization of my purpose . My purpose was I disagreed with what was being proposed that had been sent to us . I thought it misrepresented what I thought was in the budget . It was not some political stunt, and I really do sort of resent that . I think that is below us, and I hope that we ' ll be able to go forward respecting the fact that different people can have different opinions and it can be valid. MAYOR DYER: At this point, we have a substitute motion for indefinite deferral . Let ' s get to the vote to make the substitute motion a primary motion, okay? The vote is open. CITY CLERK: By a vote of 10-0 , the substitute motion has passed and now becomes the main motion. MAYOR DYER: Now, we 've got to vote on the motion. CITY ATTORNEY: Since you characterized it as a substitute motion, you've now made that the main motion. You could have technically just had a motion to defer that wasn' t a substitute, but having done it this way a second vote will be required. MAYOR DYER: Okay. CITY CLERK: And we' ll use the same motion and second. By a vote of 10-0, this Resolution has been deferred indefinitely. (Whereupon, the discussion of this matter was concluded. ) 38 AGENDA REVIEW SESSION ITEM#73758 3:50 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re change the polling location for Precinct 0040 to Union Baptist Church at 4608 South Boulevard and to REQUEST a waiver to administer a split precinct for Precinct 0069(Requested by the Virginia Beach Electoral Board) 2. Ordinance to ADOPT a City Council Policy re City Council Agendas(Requested by City Council) 3. Ordinance to APPROPRIATE$223,801 of Fund Balance from the General Fund to the FY2022- 23 Parks and Recreation Operating Budget and AUTHORIZE 5.93 positions re "Parks After Dark"pilot program (Requested by Mayor Dyer and Vice Mayor Wilson) 4. Ordinance to AMEND Section 2-6 of the City Code re membership of the Resort Advisory Commission (RAC) (Requested by Vice Mayor Wilson and Council Members Remick and Taylor) 5. Resolution to ADOPT an Updated City Council Policy re Management of Tax-Supported Debt 6. Ordinance to AMEND the Parks and Recreation Commission membership 7. Ordinance to AMEND Section 2-396 re the Planning Commission membership 8. Ordinance to AMEND Section 6-162 of the City Code re the Beaches and Waterways Commission membership 9. Resolution to AMEND the City's Transition Area/Interfacility Traffic Area Citizens'Advisory Committee membership 10. Resolution to AMEND the Bayfront Advisory Commission membership 11. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property located at the rear of 845 Romney Lane re maintain two (2) existing shrubs and construct and maintain a six(6')foot tall vinyl fence DISTRICT 9(Formerly District 4-Bayside) 12. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal, located at the rear of 2004 Compass Circle re construct and maintain two (2)four pile boat lifts,a vinyl bulkhead, a wharf,two (2)piers,and granite quarry stone rip- rap, and to maintain two (2) existing concrete bag bulkhead, and existing rip-rap DISTRICT 8 (Formerly District 5-Lynnhaven) February 7, 2023 39 AGENDA REVIEW SESSION ITEM#73758 (Continued) 13. Ordinance to AUTHORIZE temporary encroachments into a portion of a City-owned 300'Canal Easement, located at the rear of 1960 Tibbetstown Drive re construct and maintain a wood dock, flexamat, two (2) sections of rip-rap and wood pier DISTRICT 5 (Formerly District 7—Princess Anne) 14. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Lake Joyce and the twenty foot(20)strip of land around Lake Joyce, located at the rear of 4501 Powells Point Road re construct and maintain a bulkhead,sand backfilled not more than 2'from existing bulkhead,with two(2)returns walls,a floating dock,a mooring pile,an L-shaped jet dock and to maintain an existing paver pool deck,a paver patio deck,a stepped walkway and two (2) chain link fences DISTRICT 9(Formerly District 4—Bayside) 15. Ordinance to ACCEPT an In-Kind Grant from the University of Florida Shelter Medicine Program re Animal Shelter Consultation 16. Ordinance to APPROPRIATE $1.5-Million of Fund Balance from the Tourism Investment Program(TIP)fund and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Live Nation Worldwide, Inc. re "BEACH IT"Musical Festival 17. Ordinance to TRANSFER$349,958 of Vacancy Savings within the General Fund to the FY2022- 23 Communications Office Operating Budget and AUTHORIZE the City Manager enter into a Contract with the University of Virginia's Weldon Cooper Center for Public Service re community engagement for the City's Election System 18. Ordinance to TRANSFER $140,000 within the Parks and Recreation Operating Budget re fund the Summer Youth Employment Program through the remainder of the fiscal year 19. Ordinance to ACCEPT and APPROPRIATE $341,001 in grant funds from Eastern Virginia Medical School to the FY2022—23 Parks and Recreation Operating Budget re support the Out of School Time program 20. Ordinance to ACCEPT and APPROPRIATE $190,000 from the Virginia Department of Behavioral Health and Developmental Services to the FY2022-23 Human Services Operating Budget and AUTHORIZE one(1)position re support information technology infrastructure 21. Ordinance to ACCEPT and APPROPRIATE $14,354.53 from the Virginia Department of Forestry to the FY2022-23 Parks and Recreation Operating Budget re projects related to public education, outdoor recreation, and forest conservation initiatives February 7, 2023 40 AGENDA REVIEW SESSION ITEM#73758 (Continued) K. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 21, 2023 COUNCIL MEMBER TAYLOR WILL VOTE NAY ON ITEM#16 ITEM#17 WILL BE CONSIDERED SEPARA TEL Y February 7, 2023 41 AGENDA REVIEW SESSION ITEM#73758 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. KM CASH CONSTRUCTION CORP for a Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2) lots at 3536 Boyd Road DISTRICT 3 (Formerly District 6— Beach) 2. TONY SAADY& LINA A. SAADY/TONY J. & LINA AZAR-SAADY, TRUSTEES OF TONY & LINA SAADY REVOCABLE LIVING TRUST for a Variance to Section 4.1(m) of the Subdivision Regulations re subdivide two(2)lots at 5020 Lord Felton Lane DISTRICT 9(Formerly District 4-Bayside) 3. LUCY GWALTNEY CLAY LIVING TRUST for a Change in Nonconformity re renovate a secondary dwelling at 102A & 102B 45t"Street DISTRICT 6(Formerly District 6-Beach) 4. AGI-VB HOLDING,LLC for a Modification of Proffers re amend the proffered conceptual plan associated with the 2014 Conditional Rezoning request and add a 2,100 square foot outside cafe and two 814 square foot storage units at 1925 Fischer Arch DISTRICT 2 (Formerly District 7- Princess Anne) 5. LEGACY HAVEN ANIMAL RESCUE/ELAINE SWARTS for a Conditional Use Permit re residential kennel at 5433 Hunt Club Drive District 1 (Formerly District 2-Kempsville) 6. LASHAWNA D. POWELL/SST HOLDINGS, LLC for a Conditional Use Permit re assembly use at 701 South Military Highway, Suite F DISTRICT 1 (Formerly District 2-Kempsville) 7. VB BTS II, LLC/ VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA for a Conditional Use Permit re communication tower at 568 North Lynnhaven Road DISTRICT 8(Formerly District 5-Lynnhaven) 8. Ordinance to AMEND City Zoning Ordinance (CZO) Section 901 re allow for ice vending machines as accessory uses to shopping centers in B-2,B-3,and B-4 Zoning Districts(Sponsored by Vice Mayor Wilson) L. PLANNING: ITEM#2 WILL BE CONSIDERED FOR DEFERRAL TO MARCH 7, 2023 ITEM#5 WILL BE CONSIDERED SEPARA TEL Y ITEM#7 WILL BE CONSIDERED FOR DEFERRAL TO MARCH 7, 2023 February 7, 2023 42 ITEM#73759 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 10 • District 7 • District 6 • District 6 LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3711(A)(8). • Lynch v. City of Virginia Beach PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Dome Site 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 February 7, 2023 43 ITEM#73 759 (Continued) Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:36 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 4:36 P.M. — 4:45 P.M. Closed Session 4:45 P.M. — 5:20 P.M. February 7, 2023 44 ITEM#73760 Mayor Dyer reconvened the meeting at 5:20 P.M., in order to read the corrected language for the CLOSED SESSION. Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 10 • District 7 • District 6 • District 2 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- 3 711(A)(8). • Lynch v. City of Virginia Beach PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Dome Site 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 February 7, 2023 45 ITEM#73760 (Continued) Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 5:24 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 Closed Session 5:24 P.M. — 5:55 P.M. February 7, 2023 46 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL FEBRUARY 7, 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, February 7, 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: Dr. Veronica Coleman—Pastor New Jerusalem Ministries MOMENT OF SILENCE 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. February 7, 2023 47 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. February 7, 2023 48 VLF CERTIFICATION ITEM#73761 Upon motion by Council Member Schulman, seconded by Vice Mayor Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,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 February 7, 2023 443�Nu'$F,.,„.. ..„..t. _ ,, , rac _,. ,__ _, i_ , s, ow, .4 . ; u ,., , ,,.. „.. , , 4, ,, .„.,____,/ ,,,, d 0 OUR _„.., ... RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#73759 on Page 20 and ITEM#73760 on Page 22 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3 712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. A nda ar es, MC City Clerk February 7, 2023 49 ITEM— VI.G.1 MINUTES ITEM#73762 Upon motion by Council Member Schulman, seconded by Council Member Taylor, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 17,2023 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 February 7, 2023 50 ITEM— VLH.1 MAYOR'S PRESENTATIONS ITEM#73763 RESOLUTION IN MEMORIAM-Earl M. Tebault Council Member Henley, on behalf of Mayor Dyer, welcomed the family of Earl M. Tebault, and read, "RESOLUTION IN MEMORIAM OF EARL M. TEBAULT" to recognize former Council Member Tebault for his years of service to the City as one of the first elected Council Members in 1963 and last to survive at the age of 93. Mr. Tebault was a lifelong resident in the Blackwater area where he farmed and was awarded the, "Virginia Beach Man of the Year in Agriculture"for his significant contributions to the agricultural community. Mrs. Tebault expressed her appreciation to City Council for recognition of her late husband. February 7, 2023 401 14 BB C 0.41 ' 0 gy Yn. i� RESOLUTION WHEREAS:Earl M. Tebault was a life—long resident of Old Princess Anne County and pillar of the community;and WHEREAS:Earl Tebault was elected in 1963 to the first City Council of the newly established Ci and continued serving to 1972,serving as the Vice Mayor from 1970 to 1972;and ty of Virginia Beach WHEREAS:Earl Tebault was one of the last surviving members of the first City Council of Virginia Beach;and WHEREAS:Earl Tebault was born and raised in Blackwater,previously Princess Anne County.He began farming youth raising fruit and vegetable crops on his parents'farm. Years later, he would purchase his own farm to raise purebred Black Angus cattle,hogs,soybeans,corn,and wheat;and • WHEREAS:Earl Tebault received the City of Virginia Beach 4-H Grand Champion in 1967 for one of his Black Angus Cattle;and WHEREAS:Earl Tebault was named Virginia Beach Man of the Year in Agriculture in 1992. This aw an individual who has made a significant contribution to the agricultural community;and and is presented to WHEREAS:Earl Tebault was also a faith-based man.He served as a Deacon and Trustee for the Blackwater Baptist Church where he was an active member for over 80 years;and P WHEREAS:Earl Tebault also served as a.member of the Creeds Ruritan Club, Princess Anne Rotary Club, and th Princess Anne Lions Club,all organizations that dedicate time and service to the community;and e NOW THEREFORE,BE IT RESOLVED:On Tuesday,December 20,2022,Earl M. Tebault passed away in his home at the age of 93. BE IT RESOLVED:That the City Council hereby honors the memory of Earl M. Tebault and extends condolences to his family,friends and loved ones. IN MEMORY OF EARL M. TEBA ULT Adopted by the City Council of the City of Virginia Beach the 7th day of February 2023 and present this Resolution duly signed by each Member of the Virginia Beach City Council. ' 6,120,31 Council Member Michael F.Berlucchi Council Member:arbara M. ley o ncil Membe { "Rocky"Holcomb / `p1 Council Member Robertt W. ""Worth"Remick Council Member Am m elia s-Hamond iJ, `��/ - n.1 Meg,.-" ennifer Rouse f _ Council Member Joashua F. "Joash"Schulman _ �, ouncil Me er Chris Taylor Co it Member Sabrina D. Wooten Vice Mayor Ros a ary Wilson Mayor Robert . "Bobby"Dyer 51 ITEM— VLH.2 MAYOR'S PRESENTATIONS ITEM#73764 AFRICAN AMERICAN HERITAGE MONTH PROCLAMATION Council Member Wooten, on behalf of Mayor Dyer, read the Proclamation declaring February 2023, "AFRICAN AMERICAN HERITAGE MONTH". February 7, 2023 ol'A•B0 t C 1•- 446 ;; NKr° Vrotia oration Wiereas People of African descent first arrived in'Virginia in 1619;and 'Whereas: The firstpersons of African descent in Virginia Beach were a4ly to have been three individuals transported here by Capt.Adam 2horoughgood by 1637;and 'Whereas: '77'w general commemoration of the historicalcontri6utions ofAfiicanAmericans in Virginia and elsewhere was first esta6Cuhedas Negro 7GstoryWeekin 1926 6y a native Virginian,Carter G.'Woodson;and Whereas: 'President Gerald'R,EordeApandedthis commemoration andcei6ration to encompass Black7fistory Month in 1976;and- Whereas: The theme of the commemoration in 2021 is The Black'Family:Representation,Identity and1Diversity;and- Whams: The institution of slavery in America,Virginia and locally created significant challenges to maintaining the family unit for African Americans;and 'Whereas: 'Through these challenges the African American family has persevered and developed strong bonds estenairrg through many generations and throughout the community;and- Whereas: The AfricanAmerican community has found purpose through family and through the church;and Whereas:ereas: African American churches,such as the`Union Baptist Church in'Virginia(Beach,provide for the spirit ual'strength and welfare of families;and 'Mereas: The`Union Baptist Church began in this community 158 years ago during theAmerican CivilWar,and Wfsereas: One of the first schools forAfrican American students was esta6Gshedon the grounds of`Union(Baptist Church in 1868;and- 'Whereas: The Princess Anne County Training School first held classes in 1934 at the'Union(Baptist Church;and Wtiieraas. Bettie'Forbes'Wif ams,a lsfe-long member of`Union Baptist Church,became the second Supervisor of Negro ElementarySchools in (Princess Anne County in 1946;and Wriiertas In 1962,Bettie'Forbes Wittiams became the only African American to have a school named in her honor in Virginia Beach;and 1+e►eas: The`Union(Baptist Church congregation of over 300 members now worships in the church's fifth buitling;and 'Whereas: In 2012 Vnion Baptist Church elected14v.(D.'Thomasine Reid as their pastor,giving her the honor of being the first black female caged to pastor a traditional Baptist church in the'Tidewater area;and- Whereas: In'February 2013`Union(Baptist church dedicated the Reverend'W.Samuel-Walton'Family L Center,and Whereas: African Americans have overcome enslavement,dscrimination,and adversity to mafq positive contributions in all areas of enterprise and service in Virginia(Beach,the Commonwealth of Virginia,and the'nitedStates of America;and- Whereas: The Mayor and City Council support the establishment of the Virginia African American CullurafCenter in Virginia(Beach as a hub for AfricanAmerican culture and history. Wow Therefore,14o6ert M.(Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim c'e6ruary 2023 African American.lferitage Month In Virginia Beach,and furthermore call upon the citizens,government agencies,public and private institutions,businesses,and schools in Virginia Beach to recognize the contributions of African Americans to the history and development of the city,state,and nation and to commemorate this month with appropriate activities. In'Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,Virginia,to 6e affixed this Seventh Day of'February,Two Thousand Twenty-Three. i Jalltalk ?. 6CA4 416/ ts6ert 94.'lBo66y'(Dyer Mayor 52 ITEM— VLH.3 MAYOR'S PRESENTATIONS ITEM#73765 CONGENITAL HEART DISEASE AWARENESS WEEK PROCLAMATION Mayor Dyer, read the Proclamation declaring February 2023, "CONGENITAL HEART DISEASE AWARENESS WEEK PROCLAMATION". February 7, 2023 Cr14:! ' firottamation Whereas. fe6ruary is American Mean Month and every year,¶February 7-14 is observed as CongenitalJfeart Disease(GED)Awareness Week and Whereat. cifeD refers to a range of structural pro6Cems present at birth that affect norma(heart function and is the most common type of birth defect in our nation,affecting nearly 1 percent of births each year, and Whereas: raising awareness among medical professionals,researchers,families,and the community about C7RDs can lead to prevention and increased access to care;and Wherea x Conquering GIRD-Virginia serves as the state chapter for the(District of Columbia,Virginia,and Maryland by providing outreach and support to the GIRD community Now,'Therefore I,Ebert M. 'Bobby'Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim. February 7-14, 2023 Congenital Heart Disease Awareness Week In Virginia Beach,and I call upon the citizens and members within government agencies,publhc and private institutions, business,andschoolr in Virginia Beach to increase the awareness of congenital heart disease to understand prevention and additional access to care for those diagnosed In 'Witness Whereof I have hereunto set my hand and caused the Official-Seal of the City of Virginia Beach, Virginia,to be affixed this Seventh(Day of'February,Two'Thousand and Twenty-Three. 76"'"4"'-'6e-C—i Wpbert M. °Bobby'Dyer Mayor 53 ITEM— VI.I.1 PUBLIC HEARING ITEM#73766 Mayor Dyer DECLARED a PUBLIC HEARING.• CHANGE THE POLLING LOCATION FOR PRECINCT 0040 AND REQUEST A WAIVER TO ADMINISTER A SPLIT PRECINCT FOR PRECINCT 0069 There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING February 7, 2023 54 ITEM— VI.J.1 FORMAL SESSION AGENDA ITEM#73767 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—did not respond Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions K: 1(DEFERRED TO FEBRUARY 212023) 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20 and 21 and Planning Items L: 1, 2(DEFERRED TO MARCH 7, 2023), 3, 4, 6 and 7(DEFERRED TO MARCH 7, 2023) 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 K. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER TA YL OR WILL VOTE NAY ON ITEM#16 ITEM#17 WILL BE CONSIDERED SEPARA TEL Y L. PLANNING: ITEM#5 WILL BE CONSIDERED SEPARA TEL Y ITEM#8 WILL BE CONSIDERED SEPARATELY February 7, 2023 55 ITEM— VI.K.1 ORDINANCES/RESOLUTIONS ITEM#73768 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council DEFERRED TO FEBRUARY 21, 2023, BY CONSENT, Ordinance to AMEND City Code Section 10-1 re change the polling location for Precinct 0040 to Union Baptist Church at 4608 South Boulevard and to REQUEST a waiver to administer a split precinct for Precinct 0069 (Requested by the Virginia Beach Electoral 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 February 7, 2023 56 ITEM— VLK.2 ORDINANCES/RESOLUTIONS ITEM#73 769 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to ADOPT a City Council Policy re City Council Agendas (Requested by 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 February 7, 2023 REQUESTED BY THE CITY COUNCIL 1 AN ORDINANCE APPROVING AND 2 ADOPTING A POLICY PERTAINING TO CITY 3 COUNCIL AGENDAS 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the City Council hereby approves and adopts the policy entitled "City Council 9 Agendas," dated January 31, 2023, which policy has been exhibited to the City Council, 10 and a true copy of which is on file in the City Clerk's Office. 11 12 Adopted by the City Council of Virginia Beach, Virginia on this 7 day of 13 February , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16029 R-1 January 27, 2023 • it Council Policy Title: City Council Agendas Date of Adoption:_ 0.2 0-7/2 0 2 3 --0ate of Revision: N/A Page 1 of 1 1.0 Purpose and Need The purpose of this policy is to provide guidance regarding how ordinances, resolutions, proclamations, briefings, and other agenda items may be placed on the agendas for formal or informal City Council meetings. The policy also addresses the procedures whereby a member of the Council may request the drafting of an ordinance or resolution. 2.0 City Code Requirements City Code § 2-57 provides that the City Clerk shall keep a docket (commonly referred to as the agenda) of the business to come before the regular meetings of the Council. Pursuant to that section, the Clerk's docket shall be closed at 5 p.m. on Wednesday of the week preceding each meeting. City Code § 2-57 also addresses add-on agenda items: "In the case of a bona fide emergency, there may be an add-on agenda item for any ordinance or resolution that pertains to that emergency, sponsored by a member of council, that could not be placed on the agenda prior to the closing of the clerk's docket. Such ordinance or resolution may only be considered upon an affirmative two-thirds vote of the council." City Code§ 2-57 3.0 Policy Ordinances, resolutions, proclamations, briefings and other agenda items may be placed on the agenda, subject to the timing requirements outlined above, by the mayor, any three (3) members of the Council, or the city manager. The City Attorney may draft a resolution or ordinance at the request and direction of any member of the City Council in accordance with the provisions of this policy. Any request by a member or members of the City Council for the drafting of a resolution or ordinance by the City Attorney shall be made in writing and a copy of the request shall be provided to all members of the City Council before drafting of the item may begin. Once the requested draft is complete, it shall be provided to the requesting member or members who may then determine whether to distribute the resolution or ordinance to the rest of the Council and whether to seek to have the item placed on the Council's agenda in accordance with the provisions of this policy.A draft of a resolution or ordinance prepared by the City Attorney shall be confidential and subject to the attorney-client privilege until disseminated to the entire Council or placed upon the agenda for formal consideration. Notwithstanding the foregoing, the City Attorney shall provide a copy of any draft resolution or ordinance to any councilmember upon that councilmember's request. 57 ITEM— VI.K.3 ORDINANCES/RESOLUTIONS ITEM#73770 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE $223,801 of Fund Balance from the General Fund to the FY2022-23 Parks and Recreation Operating Budget and AUTHORIZE 5.93 positions re "Parks After Dark"pilot program (Requested by Mayor Dyer and Vice Mayor Wilson) 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 February 7, 2023 REQUESTED BY MAYOR DYER AND VICE MAYOR WILSON 1 AN ORDINANCE TO APPROPRIATE $223,801 OF FUND 2 BALANCE FROM THE GENERAL FUND AND TO 3 AUTHORIZE 5.93 POSITIONS IN THE DEPARTMENT OF 4 PARKS AND RECREATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $223,801 of fund balance of the General Fund is hereby appropriated to the FY 10 2022-23 Operating Budget of the Department of Parks and Recreation. 11 12 2) 5.93 FTEs are hereby established within the General Fund Operating Budget 13 of Parks and Recreation for the "Parks After Dark" pilot program. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 day of Februar2023 Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: r?it "1, - ttorney's Office CA16018 R-2 February 2, 2023 58 ITEM— VLK.4 ORDINANCES/RESOLUTIONS ITEM#73771 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to AMEND Section 2-6 of the City Code re membership of the Resort Advisory Commission (RAC) (Requested by Vice Mayor Wilson and Council Members Remick and Taylor) 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 February 7, 2023 REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS REMICK AND TAYLOR 1 AN ORDINANCE TO AMEND SECTION 2-6 2 OF THE CITY CODE PERTAINING TO THE 3 RESORT ADVISORY COMMISSION 4 5 SECTION AMENDED: § 2-6 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-6 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-6. - Resort advisory commission. 14 15 (a) There is hereby created the resort advisory commission. The members of the 16 commission shall be appointed by the city council to serve terms of three (3) years. A 17 chair and a vice-chair shall be elected from the commission by its members. All 18 members shall be residents of the city. 19 20 (b) The governance and administration of the commission shall be in accordance 21 with its bylaws, incorporated by reference herein, which bylaws shall not be amended 22 without the prior approval of city council. 23 24 (c) The commission shall consist of at least eleven (11), but not more than 25 nineteen (19) twenty (20), members. In selecting members of the commission, the city 26 council shall appoint at least one (1) representative from each of the following 27 organizations: Virginia Beach Hotel Association, Virginia Beach Restaurant Association, 28 ViBe Creative District, and Virginia Beach Division of the Hampton Roads Chamber of 29 Commerce. The commission shall also include a resort retailer. The city council shall 30 also appoint to the commission at least three (3) design professionals having expertise 31 in the fields of architecture, urban design, land use planning, landscape architecture, 32 transportation planning, or other design fields relevant to the purposes for which the 33 commission was created. 34 35 In the event of a conflict between the provisions of this subsection and any other 36 ordinance or bylaw, the provisions of this subsection shall control. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7 day of February , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16031 R-2 January 30, 2023 59 ITEM— VI.K.5 ORDINANCES/RESOLUTIONS ITEM#73 772 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Resolution to ADOPT an Updated City Council Policy re Management of Tax-Supported Debt 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 February 7, 2023 1 A RESOLUTION TO ADOPT AN UPDATED CITY 2 COUNCIL POLICY FOR MANAGEMENT OF TAX- 3 SUPPORTED DEBT 4 5 WHEREAS, to help manage long-term obligations, it is desirable to have a policy 6 with guidelines and restrictions that affect the amount of tax-supported debt issued; 7 8 WHEREAS, the City Council has received two presentations discussing updates 9 to the City's tax-supported debt policy and recommendations to update the current 10 policy to align with current best practices; 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That the City Council hereby adopts the attached "Policy for Management of Tax- 16 Supported Debt," attached hereto as Exhibit A, and authorizes the Mayor to sign the 17 Policy on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of February , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: inance Department or y4Office CA16028 R-1 January 27, 2023 Exhibit A Qy`4�'.BE4 s ,�---•w� cy t u ,__ City C +S _ e OF OUR MA.no's Title: Policy for Management of Tax-Supported Debt Index Number: Date of Revision:2/7_12023 Page: 1 of 2 1.0 Purpose Debt levels and their related annual costs are important long-term obligations that must be managed with available resources. To help manage debt, it is important to have a policy with guidelines and restrictions that control the amount and type of debt issued. A debt management policy improves the quality of decisions, provides justification for the structure of debt issuance, identifies policy goals, and demonstrates a commitment to long-term financial planning, including a multi-year capital improvement plan. Adherence to a debt management policy signals to rating agencies and the capital markets that a municipality is well managed and should meet its fiscal_obligations in a timely manner. Throughout its history, the City of Virginia Beach has issued debt judiciously through administrative debt policy guidelines, which has resulted in its current triple-A bond rating. It is important to affirmatively adopt these administrative guidelines. While a good debt management policy includes many aspects, the financial condition of a local government can be evaluated by looking at the condition of four debt indicators. The purpose of this policy is to amend the City's Financial Policies to reflect the most current credit rating criteria and "best-practices" set by the three National Credit Rating Agencies (Moody's, Fitch and S&P).: and request City Council to approve such amendments to the debt indicators as the City's debt management policy. 2.0 Definitions As used in this Policy, the term "tax-supported debt" refers to debt obligations of the City other than the Agriculture Reserve Program and the revenue bonds associated with the City's enterprise utility systems, namely the bonds associated with Storm Water and Water and Sewer. However, the debt service calculation does include the annual interest payments on Agricultural Reserve Program Installment Contracts. The four major debt indicators to be used to evaluate the City's financial condition are defined below. 2.1 Ratio of General Government Debt Service to General Government Expenditures—This indicator measures the percentage of the general operating expenditures, which must be used for debt service (i.e., principal and interest payments on existing debt). Increasing debt service reduces expenditure flexibility by adding to the City's debt-related obligations. 2.2 Ratio of General Government Debt to Assessed Value of Real Property-This indicator measures the amount of tax-supported general obligation debt as a percentage of the City's assessed valuation of real property, using the land book. An increase in this indicator can mean that the City's ability to repay the debt is diminishing. Or, it could mean that the City has intentionally increased its debt burden. A diminished ability to repay debt may result in difficulty in obtaining additional capital funds, a higher interest rate when borrowing, or difficulty in repaying existing debt. A reasonable level of debt burden is expected in order to meet the needs of a well- managed city. (Note: The Virginia State Constitution Art VII, § 10(A)and State Code § 15.2-2634 places a legal limit of 10%for general obligation debt.) 2.3 (New): Fixed Costs to General Government Expenditures — This indicator measures the percentage of tax supported debt plus annual pension and OPEB(Other Post-Employment Benefits)costs 2.4 (New): 10-Year Payout Ratio — This indicator measures the amount of tax-supported principal repaid over the following ten fiscal years via a ratio that divides the amount of tax-supported principal repaid over the following ten fiscal years divided by total tax support principle outstanding. 3.0 Policy on Debt Indicators The target amount for debt indicators should be guided by the City's ability to pay, as well as a comparison with other cities of similar size and similar financial condition, such as those with similar bond ratings. Given those factors,the recommended guidelines and limits on debt indicators for the City of Virginia Beach are stated below. 3.1 The Ratio of General Government Debt Service to the General Government Expenditures may not exceed 10%. 3.2 The Ratio of General Government Debt to Assessed Value of Real Property may not exceed 3.0% 3.3 (New): The Ratio of Fixed Costs to General Government Expenditures may not exceed 20%. 3.4(New): The Ratio of Ten-Year Payout shall remain above 50%. 3.5 The status of each indicator shall be reported in the Operating Budget each year and shall reflect the impact of the Capital Improvement Program. 4.0 Revision to Policy 4.1 This policy shall be reviewed, and revised as appropriate or necessary, but not less than once every three years. Approved as to Content: 1 ,3� v �G23 Director of Finance Da Approved as to Legal i / / /202-3 Sufficiency: City Attorney Date Reviewed By: �. ' 1 ?/ a. 777 City Manager Date APPROVED BY CITY COUNCIL: Mayor Date 60 ITEM— VLK.6 ORDINANCES/RESOLUTIONS ITEM#73 773 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to AMEND the Parks and Recreation Commission membership 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 February 7, 2023 1 AN ORDINANCE REGARDING THE MEMBERSHIP OF THE 2 PARKS AND RECREATION COMMISSION 3 4 WHEREAS, the membership of the Parks and Recreation Commission currently 5 includes one member appointed from the residents of each of the City's "seven election 6 districts"; and 7 8 WHEREAS, the City's election districts have changed, which necessitates a 9 revision to the Parks and Recreation Commission membership. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 14 That the Parks and Recreation Commission shall be comprised of thirteen 15 members: one member from each of the City's election districts; two high school members 16 who reside in the City and attend different schools; and the remaining members appointed 17 from the residents of the City at large. The student members shall be appointed as high 18 school juniors to two-year terms. All other appointments shall be for three-year terms 19 (unless a new member is appointed to fill the unexpired term of a former member). Adopted by the City Council of the City of Virginia Beach, Virginia on the 7 day February , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16020 R-2 January 27, 2023 61 ITEM— VI.K.7 ORDINANCES/RESOLUTIONS ITEM#73774 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to AMEND Section 2-396 re the Planning Commission membership 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 February 7, 2023 1 AN ORDINANCE TO AMEND SECTION 2-396 OF THE 2 CITY CODE PERTAINING TO THE MEMBERSHIP OF 3 THE PLANNING COMMISSION 4 5 SECTION AMENDED: § 2-396 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 2-396 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-396. Composition; organization; appointment and qualifications of 14 members. 15 16 The planning commission of the city shall consist of eleven (11) members. One 17 member shall be appointed from among the residents of each of the seven (7) residence 18 election districts of the city, and the remaining member or members shall be appointed 19 from the residents of the City at large. and the four (4) additional -members shall--bc 20 , 21 22 Borough. The commission shall be organized as provided by general law. All members 23 of the commission shall be appointed by the council and shall be residents of the city, 24 qualified by knowledge and experience to make decisions on questions on community 25 growth and development; provided that at least six (6) of the members so appointed shall 26 be owners of real property located in the city. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of February , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attor Office CA15970 R-5 February 1, 2023 62 ITEM— VI.K.8 ORDINANCES/RESOLUTIONS ITEM#73 77 5 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to AMEND Section 6-162 of the City Code re the Beaches and Waterways Commission membership 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 February 7, 2023 1 AN ORDINANCE TO AMEND SECTION 6-162 OF THE 2 CITY CODE PERTAINING TO THE MEMBERSHIP OF 3 THE BEACHES AND WATERWAYS COMMISSION 4 5 SECTION AMENDED: § 6-162 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 6-162 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 6-162. Composition; terms of members. 14 15 The commission shall be comprised of eleven (11) members, with one member 16 being appointed by city council from the residents of each of the city's seven (7) election 17 , 18 election districts of the city, with the remaining member or members appointed 19 from the residents of the City at large. Members shall be appointed for terms of three (3) 20 years. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of February , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attor Office CA15971 R-4 February 1, 2023 63 ITEM— VI.K.9 ORDINANCES/RESOLUTIONS ITEM#73 776 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Resolution to AMEND the City's Transition Area/Interfacility Traffic Area Citizens' Advisory Committee membership 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 February 7, 2023 1 A RESOLUTION REGARDING THE MEMBERSHIP OF 2 THE CITY'S TRANSITION AREA/INTERFACILITY TRAFFIC 3 AREA CITIZENS' ADVISORY COMMITTEE 4 5 WHEREAS, in 2013, the City Council by resolution established the City's 6 Transition Area/Interfacility Traffic Area Citizens' Advisory Committee (TA/ITA) to serve 7 as a liaison between the residents and businesses of the Transition Area and ITA and 8 the City Council; 9 10 WHEREAS, the 2018 resolution established that the TA/ITA shall be comprised 11 of twelve (12) persons, of whom two (2) shall be ex officio members appointed by virtue 12 of their office as the City Councilmember and Planning Commission member, 13 respectively, representing the Princess Anne District; one (1) shall be a representative 14 the Virginia Beach Development Authority; and the remaining members shall be 15 appointed from among the residents or business owners of the City who have an 16 interest in land use and related issues pertaining to the Transition Area and ITA; and 17 18 WHEREAS, the City's election districts have changed, which necessitates a 19 revision to the TA/ITA membership. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRIGNIA BEACH, VIRGINIA: 23 24 That the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee 25 shall be comprised of twelve (12) persons, of whom two (2) shall be ex officio members 26 appointed by virtue of their office as the City Councilmember and Planning Commission 27 member, respectively, representing Election District 2; one (1) shall be a representative 28 the Virginia Beach Development Authority; and the remaining members shall be 29 appointed from among the residents or business owners of the City who have an 30 interest in land use and related issues pertaining to the Transition Area and ITA. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of 33 February , 2023. APPROVED AS TO LEGAL SUFFICIENCY: U1-1 -)� City Attorne ' Office CA15973 R-4 February 1, 2023 64 ITEM— VLK.10 ORDINANCES/RESOLUTIONS ITEM#73777 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT,Resolution to AMEND the Bayfront Advisory Commission membership 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 February 7, 2023 1 A RESOLUTION TO AMEND THE MEMBERSHIP 2 OF THE BAYFRONT ADVISORY COMMISSION 3 4 WHEREAS, the membership of the Bayfront Advisory Commission (BAC) 5 currently includes as ex-officio members the Planning Commission members and the 6 City Council members from the Bayside and Lynnhaven Districts; and 7 8 WHEREAS, the City's election districts have changed, which necessitates a 9 revision to the BAC's membership; 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the membership of the Bayfront Advisory Commission shall include ten (10) 15 citizens of the Bayfront area and six (6) ex-officio members: the Planning Commission 16 members and the City Council members from the 8th and 9th Election Districts, the 17 Commander of Joint Expeditionary Base Little Creek-Fort Story, and the Park Manager 18 of First Landing State Park. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of 21 February , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15972 R-4 February 2, 2023 65 ITEM— VI.K.11 ORDINANCES/RESOLUTIONS ITEM#73778 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property located at the rear of 845 Romney Lane re maintain two (2) existing shrubs and construct and maintain a six(6')foot tall vinyl fence DISTRICT 9(Formerly District 4-Bayside) 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 February 7, 2023 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF 5 CITY-OWNED PROPERTY LOCATED AT THE 6 REAR OF 845 ROMNEY LANE 7 8 WHEREAS, Paulletha Mullen (the "Applicant") has requested permission to 9 maintain two (2) existing shrubs and construct and maintain a 6' vinyl fence (collectively, 10 the "Temporary Encroachments") into a 20' x 75' (1,500 sq. ft.) portion of City-owned 11 property, which was dedicated to the City for drainage and public use (GPIN: 1478-22- 12 5591), located at the rear of the Applicant's property at 845 Romney Lane(GPIN: 1478-22- 13 7571); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, her heirs, assigns 24 and successors in title are authorized to construct and maintain the Temporary 25 Encroachments within the City's property as shown on the map entitled: "EXHIBIT A 26 PHYSICAL SURVEY AND ENCROACHMENT SURVEY OF LOT 13, BLOCK 14 27 SUBDIVISION OF ARAGONA VILLAGE, SECTION—8(M.B. 46, P. 32)VIRGINIA BEACH, 28 VIRGINIA FOR PAULLETHA MULLEN," Scale: 1" = 25', dated June 14, 2022 and revised 29 through October 25, 2022, prepared by Rouse-Sirine Associates, Ltd., a copy of which is 30 attached hereto as Exhibit "A", and on file in the Department of Public Works and to which 31 reference is made for a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 34 expressly subject to those terms, conditions and criteria contained in the agreement 35 between the City of Virginia Beach and Paulletha Mullen (the"Agreement"), an unexecuted 36 copy of which has been presented to the Council in its agenda, and will be recorded among 37 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Paulletha Mullen and the City Manager or his authorized designee execute 44 the Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 46 day of February , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: I -. P BL C WO‘) 11) K , REAL ESTATE6N,--1)A N H MEY R SENT t. " CI ATTORNEY CA15791 R-1 Prepared: 12/15/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d023\p042\00847737.doc THIS SURVEY IS BASED ON A PLAT RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIRGINIA IN MAP BOOK 46,PAGE 32. THIS IS TO CERTIFY THAT I,ON JUNE 14,2022 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY,EXCEPT AS SHOWN. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY OR MAY NOT SHOW ALL MATTERS OF TITLE AFFECTING PROPERTY SHOWN HEREON, PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)(AREAS DETERMINED TO BE OUTSIDE THE 0.2%ANNUAL CHANCE FLOODPLAIN) AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH,VIRGINIA,MAP NUMBER 5155310082G. DATED JANUARY 16,2015 THIS SURVEY DOES NOT CONSTITUTE A SUBDIVISION OF LAND. LEGEND ��F • PIN(F) PIN FOUND DEDICATED TO CITY OF VIRGINIA BEACH y ❑ HVAC HEATINGI AIR CONDITIONING UNIT CONC. COCREIT FOR DRAINAGE AND PUBLIC USE Aso I<--x- FENCE PROPERTY OF CITY OF VIRGINIA BEACH PROPOSED FENCE ALONG G1) ENCROACHMENT LINE (D.B.574,P.178) x ..cF (GPIN 1478-22-5591) I 17 x- N45 a2'34XW X _ x 0 75 0 SHRUB \ d� 0.7 " SHRUB 1AREA OF ENCROACHMENT FENCE o ON LINE • 76: cif I (1500 SQ FT.) O N PIN(F) N45°42'34"W 75.00' iiiPIN(F) ti 0-Z- -- PROPERTY OF 'FENCE PAULLETHA MULLEN AND ON LINE z CHARLES MULLEN JR. (DECEASED) kY w f (D.B.2363,P.654) z 14 Z I (GPIN 1478-22-7571) c. Yz 13 c = 12 Z U l'sj Of ::}= O -. iv I _ O J Q iJJ f:.l Qv . 0 9.4 55.0' `: wWM°""mn }O N.5 Cn V �++- �2 }-03 d NI1 b tfi, e- Q C'. .•; O n if1 to LLZm• TI = ONEAND2STORY N :'= � ��}QQ0Wc Z '�-x-T ❑N FRAME N,::::F. w � cc�Z ::::: p�9� �I #845 N 3o�oa _z CDx '4_; N. O>w '" C7NI9.9' 55,0' -1 Q Z 0 m E ,.. , Tr z LLI It •>>, 1 � 782.08-. PIN(F) S45°42'34"E 75.00' PIN(F) I792.08' J ROMNEY LANE (50'PUBLIC RIGHT-OF-WAY) EXHIBIT A PHYSICAL SURVEY AND ENCROACHMENT SURVEY ..4_ p,LTH 0p, OF yam. LOT 13, BLOCK 14 10-25-2022 ��,' SUBDIVISION OF 0 06-14-2022 , - ARAGONA VILLAGE; SECTION - 8 v JEFFREY D. WILLIAMS Y (M.B.46,P.32) Lic. No. 2 VIRGINIA BEACH,VIRGINIA , FOR Re-y ILL 'o-. PAULLETHA MULLEN� ��ND SUR SCALE: 1"=25' JUNE 14,2022 REVISED:OCTOBER 25,2022 ROUSE-SIRINE ASSOCIATES, LTD. LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS'B-D" a - www.rouse-sirine.com 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD ` 3. VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 FAX:(757)499-9136 TEL.(757)903-4695 0 25 50 75 FEET GRAPHIC SCALE JESA PS 166,P.11 F.B.862,P. 14 J.O.#13800-22-241 ACAD:ARAGONA VILLAGE SEC 8 BLK 14 LOT 13.dwg F.B.867,P.16 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this fa?-0-4 day of dAIJ 14i4I V , 20 a 3, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PAULLETHA MULLEN, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "13" as shown on that certain plat entitled: "SUBDIVISION OF ARAGONA VILLAGE SECTION — 8 KEMPSVILLE MAG. DIST., PRINCESS ANNE CO., VA.," Scale: 1" = 100', dated January, 1959, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 46, at page 32, and being further designated, known, and described as 845 Romney Lane, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to maintain two (2) existing shrubs and construct and maintain a 6' (tall) vinyl fence, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a City-owned GPIN: 1478-22-5591 (CITY PROPERTY) GPIN: 1478-22-7571 (845 ROMNEY LANE) Property located at the rear of 845 Romney Lane (GPIN: 1478-22-7571), which was dedicated to the City for drainage and public use easement, the Temporary "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PHYSICAL SURVEY AND ENCROACHMENT SURVEY OF LOT 13, BLOCK 14 SUBDIVISION OF ARAGONA VILLAGE, SECTION — 8 (M.B. 46, P. 32) VIRGINIA BEACH, VIRGINIA FOR PAULLETHA MULLEN", Scale: 1" = 25', dated June 14, 2022 and revised through October 25, 2022, prepared by Rouse-Sirine Associates, Ltd., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of 3 the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars 4 ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, PAULLETHA MULLEN, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 5 The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: PAULLETHA MULL , Owner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: rrf The foregoing instrument was acknowledged before me this 10" day of J�4-ry v - LQ , 20 a by PAULLETHA MULLEN. (SEAL) No ary Public KRISTAL M.JOHNSON Notary Registration Number: Di (o 3T ARY REG.V262930 / COMMONWEALTH OF VIRGINIA My Commission Expires: i`a l 51 72Q.2-S'. MY COMMISSION EXPIRES 12/3112025 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SI N TORE C A O NEY F 1,k] (2 s e DEPARTMENT 6 THIS SURVEY IS BASED ON A PLAT RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH.VIRGINIA IN MAP BOOK 46,PAGE 32. THIS IS TO CERTIFY THAT I,ON JUNE 14.2022 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NC ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY.EXCEPT AS SHOWN. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY OR MAY NOT SHOW ALL MATTERS OF TITLE AFFECTING PROPERTY SHOWN HEREON. PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)(AREAS DETERMINED TO BE OUTSIDE THE 0.2%ANNUAL CHANCE FLOODPLAIN) AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH,VIRGINIA.MAP NUMBER 5155310082G. DATED JANUARY 16,2015 THIS SURVEY DOES NOT CONSTITUTE A SUBDIVISION OF LAND. r� LEGEND F,p� • PIN(F) PIN FOUND DEDICATED TO CITY OF VIRGINIA BEACH ❑ HVAC HEATING!AIR CONDiTIONING UNIT 11, CONC. CONCRETE FOR DRAINAGE AND PUBLIC USE s PROPOSED FENCE ALONG O l(—x- x FENCE PROPERTY OF CITY OF VIRGINIA BEACH ENCROACHMENT LINE CI, (D.B.574,P.178) F (GRIN 1478-22-5591) x �� '1?� x— N45 42'34XW X-=-- A • 76' _i SHRUB t x�_ -FENCE \'''?,3 0 p Q SHRUB (AREA OF ENCROACHMENT'— o ON LINE of )1500 SO FT-) o I N PIN(F) N45°42'34"W 75.00' $ Ili PIN(F) 1 o PROPERTY OF —FENCE =w ON LINE i PAULLETHA MULLEN AND z CHARLES MULLEN JR.(DECEASED) 43LL' w (D.B.2363,P.654) z 14 U (GPIN 1478-22-7571) Q "z Wx c Q 17 Z I 13 of _ o Q N b 9.4' S5.0' =:viQ2• CCF�-maN Q LZ-- r = ONEANDZSTORY as, 5=_ " `�m> Q, °. w Owcaz x—x-x ❑E FRAME N::;:..t w L0 - z c O JaCav7 N #845 N 0wac 2 -05 r; 10.1-' o ZcpZ N 9.9' i, 55.0' X Qx �ORC� Z J U .vim .r,O.._, 6. %. . , +782.08'_-. J PIN(F) S45°42'34"E 75.00' PIN(F) 792.08' '- ROMNEY LANE (50'PUBLIC RIGHT-OF-WAY) EXHIBIT A PHYSICAL SURVEY AND ENCROACHMENT SURVEY �� I- .;x.LTH o OF o - LOT 13, BLOCK 14 0-25-2022 c, SUBDIVISION OF 0 06-14-2022 - . ARAGONA VILLAGE, SECTION - 8 u JEFFREY D. WILLIAMS > (M.B.46.P.32) VIRGINIA BEACH,VIRGINIA Lic. No. 2045 FOR t 2Ey \,f LLo'1- PAULLETHA MULLEN 9�D SU Rv�y SCALE: 1"=25' JUNE 14,2022 REVISED:OCTOBER 25,2022 ROUSE-SIRINE ASSOCIATES, LTD. LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS"B-D" ____ ;04kii. 333 OFFICE SQUARE LANE www.rouse-sirine.com 1311 JAMESTOWN ROAD VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 FAX:(757)499-9136 TEL.(757)903-4695 0 25 50 75 FEET I II imminmsii GRAPHIC SCALE JESA PS 166, P.11 F.B.862,P. 14 J.O.#13800-22-241 ACAD:ARAGONA VILLAGE SEC 8 BLK 14 LOT 13.dwg F.B.867,P. 16 66 ITEM— VI.K.12 ORDINANCES/RESOLUTIONS ITEM#73 779 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal, located at the rear of 2004 Compass Circle re construct and maintain two (2) four pile boat lifts, a vinyl bulkhead, a wharf, two (2) piers, and granite quarry stone rip-rap, and to maintain two (2) existing concrete bag bulkhead, and existing rip-rap DISTRICT 8 (Formerly District 5 -Lynnhaven) 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 February 7, 2023 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS TREASURE 7 CANAL, LOCATED AT THE REAR 8 OF 2004 COMPASS CIRCLE 9 10 WHEREAS, Don A. Myers & Jane E. Myers (the "Myers") have requested 11 permission to construct and maintain two (2) four pile 13' x 13' boat lifts, a 72' vinyl 12 bulkhead with a 10' return, a 2' x 10' wharf, a 5' x 37' pier with a 2' x 10' L-shaped pier, and 13 granite quarry stone riprap (6' x 16.8' and 13.4' x 67'), and to maintain two (2) existing 14 bulkheads (1.8' x 48.3' and 2' x 71'), an existing concrete bag bulkhead (8.3' x 35.6') and 15 existing riprap (5' x 60') (the "Temporary Encroachments") into City-owned property known 16 as Treasure Canal, located at the rear of 2004 Compass Circle(GPIN: 2409-09-6220); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Myers, their heirs, assigns 27 and successors in title are authorized to construct and maintain the Temporary 28 Encroachments as shown on the Exhibit entitled: "EXHIBIT A ENCROACHMENT 29 REQUEST FOR PROPOSED BOAT LIFTS, VINYL BULKHEAD, GRANITE QUARRY 30 STONE RIPRAP, WHARF, PIERS AND EXISTING BULKHEADS, CONCRETE BAG 31 BULKHEAD AND RIPRAP LOT 53, SECTION 1 , BAY ISLAND FOR DON A. & JANE E. 32 MYERS GPIN: 2409-09-6220 2004 COMPASS CIRCLE, VIRGINIA BEACH, VA 23451," 33 Scale: 1" = 40', dated December 1, 2021 and revised through June 8, 2022 prepared by 34 Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit "A" and on file in 35 the Department of Public Works, to which reference is made for a more particular 36 description; 37 38 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 39 expressly subject to those terms, conditions and criteria contained in the Agreement 40 between the City of Virginia Beach and the Myers(the "Agreement"), an unexecuted copy 41 of which has been presented to the Council in its agenda, and will be recorded, after 42 execution, among the records of the Clerk's Office of the Circuit Court of the City of Virginia 43 Beach; 44 1 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Myers and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 52 day of February , 2023. CA 15408 PREPARED: 10/6/22 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d006\p040\00835816.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BL WOR S, REAL ESTATE DANA-R RMEYER - SENIOR CITY ATTORNEY 2 0 40' 80' PROPOSED 5'x 37' PIER, N/F CITY OF 28.2' MAX ENCROACHMENT,S5 VIRGINIA BEACH rn "=40' WITH A 2'x 10' L-SHAPED PIER, MANMADE CANALS (2) FOUR PILE BOAT LIFTS IN BAY ISLAND LINE TABLE ,�? `1 LINE BEARING DISTANCE PROPOSED 72' OF VINYL �� RELOCATE LI S 30°04'38" E 52.62' ' BULKHEAD, 9.3' MAX ��2 2� 13'x 13' m ENCROACHMENT WITH A 10' �'\ L2 S 00°03'22" E 72.82' j RETURN,AND A 2'x10' WHA- _ sue' S' BOAT LIFT (DASHED) L L3 S 31°00'37"W 70.47' cr L4 S 54°19'07"W 67.88' SS .- EXISTING - ( \`� ` `, 2P* \ Q•21 5 c„ BULKHEAD \ �, LOT 52 �/ 2' x 71' ` �� ��,��� 24 6' N/F ROBERT D. & LINDA M. PELLERIN ��'� PROPOSED ..�� JOINT TRUST P ��,. co 2008 COMPASS CIRCLE ��z cx\C 6.0 x 16.8 OF 10',�I 26.9 • GPIN:2409-09-5320 r, ' .0,, GRANITE QUARRY PROPOSED INST:20180402000263320 9,N(� STONE RIPRAP -':�' 13'x13' '''`O BOAT LIFT L T H EXISTING y�F,A �F ` -5 \A° •-•1!;' 8.3x35.6 �o /mac -Cif/ CONCRETE 4 c_p'.. _ BAG '' SEAN E. GREEN - PROPOSED 13.4' x 67' OF �'_ 5 BULKHEAD GRANITE QUARRY '.' 4 v Q" Lic. 0. 0402 �05 ' ► :,1;, .oA7Z-,/e. . LOT 53 STONE RIPRAP - ;% �v 70 Q.�G `� _ ` "' N/F DON A. & JANE E. MYERS EXISTING •2' '� •_ ' RIPRAP �'�� �/ S ,NSA •• 2004 COMPASS CIRCLE „�.-- �� GPIN:2409-09-6220 5 x 60 .,,,,; ,� n ; INST:200207313010058 =t='=-% 71 Q, r0 j R=50.00' I ''i� /11 � T � si 0,4i1:7;; 7`t sr' viii4f O IMPROVEMENTS -13., PIN(F) -=.: ... � OF OTHERS ti ° EXISTING 48.3 % =�=� �. , p , BULKHEAD, 1.8' '='f`f C cb� ,^� ��. co n R=50.00 ENCROACHMENT • '"f"e'�" N ,' ), ' o � S 87'33 06 W 120.2 � ,� ,� ,� PIPE(F) LOT 55 73 o v LOT 54 `�- \ N/F DAVID H. & BETH B. DARROW f °v' N/F WILLIAM S. & STEPHANIE L. EDGAR 'T 2244 WINDWARD SHORE DRIVE D 2248 WINDWARD SHORE DRIVE GPIN:2409-09-7055 0 o GPIN:2409-09-5081 INST:200509020140924 _ `' INST:202103051757 EXHIBIT A ENCROACHMENT REQUEST FOR PROPOSED BOAT LIFTS, m VINYL BULKHEAD, GRANITE QUARRY STONE RIPRAP, WHARF, PIERS AND EXISTING BULKHEADS, 7, ► 1 WATERFRONT CONCRETE BAG BULKHEAD AND RIPRAP —`� / , CONSULTING, INC. LOT 53, SECTION 1, BAY ISLAND 2589 QUALITY COURT, SUITE 323 FOR VIRGINIA BEACH, VA 23454 DON(757) 619-7302 A. & JANE E. MYERS ENGINEERING SERVICES PROVIDED BY: GPIN: 2409-09-6220 STONE GREEN CONSULTING, LLC 2004 COMPASS CIRCLE,VIRGINIA BEACH, VA 23451 (330) 883-2117 DATE: DECEMBER 1, 2021 REVISED: JUNE 8, 2022 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 1st day of December 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DON A. MYERS and JANE E. MYERS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "53" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO. VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated February 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2004 Compass Circle, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain two (2) four pile 13' x 13' boat lifts, a 72' vinyl bulkhead with a 10' return, a 2' x 10' wharf, a 5' x 37' pier with a 2' x 10' L-shaped pier, and granite quarry stone riprap (6' x 16.8' and 13.4' x 67'), and to maintain two (2) existing bulkheads (1.8' x 48.3' and 2' x 71'), an existing concrete bag bulkhead (8.3' x 35.6') and existing riprap (5' x 60') collectively the GPIN: NOT ASSIGNED CITY-OWNED PROPERTY KNOWN AS TREASURE CANAL 2409-09-6220 (2004 COMPASS CIRCLE) "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Treasure Canal, the "Encroachment Area" and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PROPOSED BOAT LIFTS, VINYL BULKHEAD, GRANITE QUARRY STONE RIPRAP, WHARF, PIERS AND EXISTING BULKHEADS, CONCRETE BAG BULKHEAD AND RIPRAP LOT 53, SECTION 1 , BAY ISLAND FOR DON A. & JANE E. MYERS GPIN: 2409-09-6220 2004 COMPASS CIRCLE, VIRGINIA BEACH, VA 23451," Scale: 1" = 40', dated December 1, 2021 and revised through June 8, 2022 prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments or encroachments to be removed referenced in the Exhibit or this Agreement are the 3 ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day 4 that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Don A. Myers and Jane E. Myers, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202 , by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 202_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 GRANTEE: Avt DON A. MYERS JANE E. Y RS STATE OF IRYS,h 1 CITY/COUNTY OF i1,Yria t5eatM , to-wit: The foregoing instrument was acknowledged before me this I " day of oecepit , 2022, by Don A. Myers and Jane E. Myers. (SEAL) tary Public Notary Registration Number: //`7(a v �`IA F.PENDLETON NOTARY PUBLIC REG.#7944632 COMMONWEALTH OF IRGIN A My Commission Expires: 6/ /Z& ,sy COMMISSION EXPIR ES APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUF NCY AND FORM 4NiURE(111-1) A . HARMEYER SENIOR CITY ATTORNEY DEPARTMENT 7 0 40' 80' PROPOSED 5'x 37' PIER, N/F CITY OF 28.2' MAX ENCROACHMENT, VIRGINIA BEACH rn i•=40' WITH A 2'x 10' L-SHAPED PIER, MANMADE CANALS cif (2) FOUR PILE BOAT LIFTS IN BAY ISLAND LINE TABLE ,�`� `n LINE BEARING DISTANCE PROPOSED 72' OF VINYL �� RELOCATE L1 S 30°04'38" E 52.62' BULKHEAD, 9.3' MAX ��1 `� 13'x 13' m ENCROACHMENT WITH A 10' ������" 5� BOAT LIFT L2 S 00°03'22" E 72.82' RETURN,AND A 2'x10'WHA- �� ; ' (DASHED) L3 S 31°00'37"W 70.47' Lu cr L4 S 54 19 07 W 67.88' 6, EXISTING < \\ !,, 4- .0' Z' BULKHEAD \ \ w LOT 52 °� 2' x 71' "�'-14 ,,h 2a6' N/F ROBERT D. & LINDA M. PELLERIN 1, . • r'-i JOINT TRUST �p0 "�ti PROPOSED I� 2008 COMPASS CIRCLE , � � �� 6.Ox16.80F 10. 26..'' GPIN:2409-09-5320 r1,�, GRANITE QUARRY PROPOSED INST:20180402000263320 n1,\ STONE RIPRAP ;•�-:,,' '� 13'x13' , ,' �� � '� BOAT LIFT �'�� ���5� • '1 8 EXISTING LTH G � ' ��L, -�i' �Gv t= ; 8.3'x35.6' �0 4) �:..4= CONCRETE y ' :. 7.�' BAG o :- -' - PROPOSED 13.4'x 67' OF BULKHEAD SEAN E. GREEN � '%=��% 5.4 GRANITE QUARRY =�-,0 : v Lic. 402005 -..,;� Q' ,Q / LOT 53 STONE RIPRAP ! �Cv yG `�- 9- •' ' N/F DON A. & JANE E. MYERS EXISTING '° - V. N J RIPRAP :'-.•!_f �4/ FSS 0 t.- ' y 2004 COMPASS CIRCLE 5� x so' , iii �` GPIN:2409-09-6220 eli.v"''''', n / INST:200207313010058 , ;�11' rn O R=50.00' T P�i= ='% �� -!=0.PrJ Q ()j) l 0-;0.? C) IMPROVEMENTS 'D Cn PIN(F) d'" '.'it'f; �4- OF OTHERS 0 EXISTING 48.3' .._.' 0 BULKHEAD, 1.8' '���� '' ^ n R=50.00 ENCROACHMENT ,: "j D` I' ' - � 120.23 ° z J PIP(F)S 87•33 06 W �� LOT 55 LOT 54 `�- \\ , N/F DAVID H. & BETH B. DARROW m °- , N/F WILLIAM S. & STEPHANIE L. EDGAR " 2244 WINDWARD SHORE DRIVE D 2248 WINDWARD SHORE DRIVE GPIN:2409—09—7055 GPIN:2409-09-5081 INST:200509020140924 v INST:202103051757 EXHIBIT A ENCROACHMENT REQUEST FOR PROPOSED BOAT LIFTS, VINYL BULKHEAD, GRANITE QUARRY STONE RIPRAP, WHARF, PIERS AND EXISTING BULKHEADS, 1 , :ni WWATERFRONT CONCRETE BAG BULKHEAD AND RIPRAP G w'� 1 CONSULTING, INC. LOT 53, SECTION 1, BAY ISLAND 2589 QUALITY COURT, SUITE 323 FOR VIRGINIA BEACH, VA 23454 DON A. & JANE E. MYERS PHONE: (757)619-7302 ENGINEERING SERVICES PROVIDED BY: GPIN: 2409-09-6220 STONE GREEN CONSULTING, LLC 2004 COMPASS CIRCLE,VIRGINIA BEACH, VA 23451 (330) 883-2117 _ DATE: DECEMBER 1, 2021 REVISED: JUNE 8, 2022 l I Q .. W cfl Ai f-1...._- -4-4Ti 1 _ 1 aa N r W N N Z Z W 0 a OWOZQo 0 za iii3O (1) 0 otf O Z J �0 Q ua Ln Q Z p N o ` W o �J: - -10 N Q N U CA -a • O -.a 't - Igh r -- ,._ : ....,..,,., ''.. _ .. ' ,e� a. • # { ti 7 ,... ,:::::;:,, ,. '..,--"r ', 0 . 41._ !..-• i F t a CI' • .. ., . ... .,. . .:,... <,..,, ,. .. : _ .... 4 .. .••• -ir.---- - .4.- 1- , ! .tF- L-_ rX 7 Y w 5 Z COMPASS CIR • • 4. ..` 1 a+ s= I . ► , 4,4:...v,. t: _ 1 \ ,' r .-a .. c=� b C" ..-.15•'::: ', SAI , - 743 : ,_. : s .' _ a r N c 67 ITEM— VLK.13 ORDINANCES/RESOLUTIONS ITEM#73780 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of a City-owned 300' Canal Easement, located at the rear of 1960 Tibbetstown Drive re construct and maintain a wood dock, flexamat, two (2) sections of rip-rap and wood pier DISTRICT 5 (Formerly District 7—Princess Anne) 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 February 7, 2023 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A CITY- 6 OWNED 300' CANAL EASEMENT, 7 LOCATED AT THE REAR OF 1960 8 TIBBETSTOWN DRIVE 9 10 WHEREAS, David Ripley and Kathryn Ripley (the "Ripleys") have requested 11 permission to construct and maintain a 10' x 10'wood dock, a 12' x 20'flexamat, two (2)2' 12 x 6.3' sections of rip-rap and a 5' x 20' wood pier (collectively, the "Temporary 13 Encroachments")within the City's easement known as a 300' Canal Easement, located at 14 the rear of 1960 Tibbetstown Drive (GPIN: 2414-87-8588); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's easement subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Ripleys, their heirs, assigns 25 and successors in title are authorized to construct and maintain the Temporary 26 Encroachments as shown on the Exhibit entitled: "EXHIBIT A ENCROACHMENT EXHIBIT 27 SHOWING PROPOSED WOOD DOCK, FLEXAMAT, RIP-RIP&WOOD PIER FOR DAVID 28 RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 LOT 216, 29 BLOCK A, OCEAN LAKES, PHASE TWO, SECTION TWO D.B. 2478, PG. 1226 (PLAT) 30 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated November 15, 2021, 31 prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit 32 "A" and on file in the Department of Public Works, to which reference is made for a more 33 particular description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and the Ripleys(the "Agreement"), an unexecuted copy 38 of which has been presented to the Council in its agenda, and will be recorded, after 39 execution, among the records of the Clerk's Office of the Circuit Court of the City of Virginia 40 Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and i 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Ripleys and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 49 day of February , 2023. CA15794 PREPARED: November 22, 2022 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p047\00844893.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: fi-E3t1C WO KS, REAL ESTATE N YER R ITY ATTORNEY 2 SEE SHEET 2 FOR DETAIL c C,4 0 O N r, �� c.) In O chi CD 2 3 cp WCV 3 3 6 co : N tl') / \--- 5' DRAINAGE EASEMENT m o 4'! 4„3 \ D.B. 2478, PG. 1226 (PLAT) = co co co i JP \ , : c..) z z z CV CA II �, ,_ viz.-) C3 300' CANAL EASEMENT Q Pei • M.B. 79, PG. 51 1- I�tALT$ "� w OS1r -11'G \3)S cr C.9 N N r, 41 86� �S C' U a occi O ' �S• �\>>S O O O2 OUDA vi*P‘ TLER `sue. J, '00• 46Os' 2 o in c.No.38395 6, os 2 s 'P�ss �` C, LOT216 / o .- oN IONAL E' o °i o 0 a C) 'V- / N U U 4,0 U U cv • N (Ni LINE TABLE Sj N / � � � � WOOD / 2 �— Z �— UNE BEARING DISTANCE SI DECK ���a 6 L1 S 2T58'39" W 54.81' FRAME SHED r N� N 0 N 1 STORY BRICK & i L2 S 33'12'30" W 73.96' FRAME RESIDENCE / ;,� Z a L3 N 59 51 22 W 109.50' #1960 L4 N 04'57'35" W 161.73' CONCRETE DRIVEWAY :, I/ 2 o �'z L5 N 54'46'27" W 103.56' TIBBETSTOWN / o a; z-a„,L6 N 59'31'22" W 94.44' DRIVE (50' R/W) C1 )::).4 306.75' TO L7 S 27'58'58" W 99.48' R. D.B. 2478, PG. 1226 (PLAT) —�. TIBBETSTOWN CT L8 S 28'19'13" W 118.21' R. EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD DOCK, FLEXAMAT, RIP-RAP &WOOD PIER 0 100 200 FOR IMiMi DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 I) GALLUP LOT 216, BLOCK A, OCEAN LAKES, SURVEYORS & ENGINEERS PHASE TWO, SECTION TWO 323 FIRST COLONIAL ROAD D.B. 2478, PG. 1226 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=100'j Date: NOV. 15, 2021 I Sheet: 1 of 3 W:\Ripley,Katie&David-1960 Tibbetstown Drive\Drawings\21-26 Encroachment.dwg,11/8/2022 9:29:24 AM,11 �ALTH O S'0, ti S9. 300' CANAL EASEMENT O�� �Gr pS �Ng0F vs)._ C,9�q M.B. 79, PG. 51 4` G,✓ ^ '8 A"se !y c Fti UO a (Pi 70910 DA - UTLER 49) 450. c.No.38395 Ai o N (-6 f . ,,- /r1:\ N iq• a �S-/oNAL E�O� 03 00 OrY ry"�' o eVOi N Z TOP OF BANK I. EDGE OF WATER �°'' LOT 216 TOE OF SLOPE EX. WOOD PILESul EX. DILAPIDATED WOOD TO BE REMOVED t,� DOCK TO BE REMOVED/ v" 1p•0p, PROPOSED 5.25 FLEXAMAT ...,,T`�'`,,-�- o - EX. DILAPIDATED ��4*•;I�gfr•�. fi*e• WOOD DOCK TO ,1��t••�f1•j*•f�� $ BE REMOVED o••'�`,.lc;...f�*1 li. •�. 5. .73 417-0114.4 co 7- �. 1'1';a 1 o) PROPOSED -v rn o, ` f. 1 :0 i 2.p' c WOOD DOCK c' Fn o •o, �� `�8p• "lp 1*j *./ !: •6.9a coo `�' PROPOSED z g � •� WOOD PIER -' _ PROPOSED AWAV RIP-RAP 0 10 20 v v` DISTANCE FROM EASEMENT NOTES: LINE SEE SHEET 1 OF 2 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. EXHIBIT A 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT ENCROACHMENT EXHIBIT SHOWING PROPOSED REQUEST ONLY. WOOD DOCK, FLEXAMAT, RIP-RAP &WOOD PIER 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A PHYSICAL SURVEY PREPARED BY TIDEWATER FOR LAND SURVEYS DATED NOV. 21, 1998. DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 IGALLUP LOT 216, BLOCK A, OCEAN LAKES, SURVEYORS & ENGINEERS PHASE TWO, SECTION TWO 323 FIRST COLONIAL ROAD D.B. 2478, PG. 1226 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=10' I Date: NOV. 15, 2021 I Sheet: 2 of 3 W:\Ripley,Katie&David-1960 Tibbetstown Drive\Drawings\21-26 Encroachment dwg,11/8/2022 9:29:25 AM,1:1 �sw.LTII�, p G/ O U DAt- UTLER c.No. 38395 ,,q ONAL ADJACENT OWNERS KEY NOW OR FORMERLY D.B./PG. LOT M.B./PG. GPIN ADDRESS 0 GALVIN BEW 4119/39 217 2478/1228 2414-87-9686 1956 TIBBETSTOWN DR LAND AMERICA I.N. 16.452 71/23 2414-97-2121 2 HOLDING, LLC 20090904001053300 AC / JIMMY L. BARNES 2683/125 215 2478/1226 2414-87-7538 1957 TIBBETSTOWN DR EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD DOCK, FLEXAMAT, RIP-RAP &WOOD PIER FOR DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 I ) GALLUP LOT 216, BLOCK A, OCEAN LAKES, SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD PHASE TWO, SECTION TWO D.B. 2478, PG. 1226 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: NA I Date: NOV. 15, 2021 I Sheet: 3 of 3 W:\Ripley,Katie&David-1960 Tibbetstown Drive\Drawings\21-26 Encroachment dwg,11/8/2022 9:29:26 AM,1:1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this of-ti day of Qr p yyt 'bet 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID RIPLEY and KATHRYN RIPLEY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "216", as shown on that certain plat entitled: "SUBDIVISION OF OCEAN LAKES PHASE TWO SECTION -TWO PRINCESS ANNE - BOROUGH, VIRGINIA BEACH, VIRGINIA," Scale: 1" = 5 0', dated November 1985, prepared by The Sirine Group, Ltd, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2478, at page 1226, and being further designated, known, and described as 1960 Tibbetstown Drive, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain a 10' x 10' wood dock, a 12' x 20' flexamat, two (2) 2' x 6.3' sections of rip-rap, and a 5' X 20' wood pier collectively, the "Temporary Encroachment", in the City of Virginia Beach; and CITY CANAL EASEMENT (NO GPIN REQUIRED OR ASSIGNED) GPIN: 2414-87-8588 (1960 TIBBETSTOWN DRIVE) 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned 300' Canal Easement, collectively, "the Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD DOCK, FLEXAMAT, RIP-RAP, & WOOD PIER FOR DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 LOT 216, BLOCK A, OCEAN LAKES, PHASE TWO, SECTION TWO D.B. 2478, PG. 1226 (PLAT) CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated November 15, 2021 , prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest of maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain 3 and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or 4 state taxes. IN WITNESS WHEREOF, DAVID RIPLEY and KATHRYN RIPLEY the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 D RIPLEY THRYN RIPLEY STATE OF vA CITY/COUNTY O r it b-f)PACh to-wit: The foregoing instrument was acknowledged before me this ' day of L ecelvmk , 2022, by David Ripley and Kathryn Ripley. fai4Liat. letralf ' • ary • • y�p,N( CAR° 4,, 2 ;v c v tgRY A o ' .' REG.eC'C Notary Registration Number: gt3 , 3IREt $ ) 2-�My Commission Expires: 5`�/ � = o ....... •��,�.•' APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM WUREtsr4-11° ER, SENIOR C Y ATTORNEY P�N Qe.Q.t Es4,3 DEPARTMENT 7 SEE SHEET 2 FOR DETAIL c N Cq^�1 O `° o -14 c�, up Cg v 3 0 W 3 3 N N N d 5' DRAINAGE EASEMENT m 7 o IR v 4" 4I D.B. 2478, PG. 1226 (PLAT) = o c o JP� \ . \ V Z Z Z N v W8u C2\ C3 300' CANAL EASEMENT Q 4 LT$ �,� , M.B. 79, PG. 51 11��A co,G ��3)S cr CD N N O j G. 0 86' �5` L./ U ,:� o c c) DA -V ER `, s .00• S S g ` c.No. 38395 - 0 �6 d, �O �� 24;yw� "o. % a in v _`.° •#P 11 G1t' LOT 216 J N / c .- o N v.VIONAL �� o Po o 0 sO v- I N / Op = U U U N N C..) s �� LINE TABLE �� WOOD �. ,� UNE BEARING DISTANCE �. DECK / z a L1 S 27'58'39" W 54.81' FRAME SHED Y / N Q 1 STORY BRICK & / N cg N`� cv 3 L2 S 33'12'30" W 73.96' FRAME RESIDENCE / ;, z z a L3 N 59 51 22 W 109.50' #1960 — '� L4 N 04'57'35" W 161.73' CONCRETE DRIVEWAY / 2 0 °z • " TIBBETSTOWN If o L5 N 54 46 27 W 103.56' Nsno � a�L6 N 59'31'22" W 94.44' DRIVE (50' R/W) C1 - 0 306.75' TO L7 S 2758'58" W 99 48' R D.B. 2478, PG. 1226 (PLAT) - TIBBETSTOWN CT L8 S 28'19'13" W 118.21' R. EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD DOCK, FLEXAMAT, RIP-RAP &WOOD PIER 0 100 200 FOR DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 GALLUP LOT 216, BLOCK A, OCEAN LAKES, SURVEYORS & ENGINEERS PHASE TWO, SECTION TWO 323 FIRST COLONIAL ROAD D.B. 2478, PG. 1226 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-6132(757)425-2390 FAX Scale: 1"=100'I Date: NOV. 15, 2021 I Sheet: 1 of 3 W:\Ripley,Katie&David-1960 Tibbetstown Drive\Drawings\21-26 Encroachment.dwg,11/8/2022 9:29:24 AM,1:1 �pLTH o S'O� N S9. 300' CANAL EASEMENT o�4 Lr o•e 2�g0F S/2 C',q� M.B. 79, PG. 51 G� t15 NSF 2' �Z ' —C MFNT DA Ll,`: / ik UTLER —17) los kT .Qc.No. 383195 � 0 \\ CDa ,,s,/ � L Ei4O °° ! lb b V, i CA/ 40)9 f7.ff' ^V tOk Vt C. csi TOP OF BANK �� eV N z IEDGE OF WATER vo°'' LOT 2160 TOE OF SLOPE ' EX. DILAPIDATED WOOD EX. WOOD PILES TO BE REMOVEDCil DOCK TO BE REMOVED C-" PROPOSED , lrp.p p, _ FLEXAMAT r�,.�f; ,._-,.- c 5.25 .• 2.pp• f.•.• o - EX. DILAPIDATED I: :�v1...Apt. • WOOD DOCK TO ,I•�f•f�f i 'ri BE REMOVED f',015,1•�f'�,1*1' o v'- c•,1•r'040,,0 . S.Ow a ci �1 cv.milt*. .00' 2 �� s9s, )S8, 2.p'�1��� 1i1.�.1ir t. f QD 0 ` �'• *• �,�? PROPOSED °' �1 ,�� f�* � �, .'i-im'0' o WOOD DOCK J �• '�a, f� M p W f*1 c9o. • �� •36'o �f1f j 1�:6 9', `c•,. `�'it PROPOSED z °� / 0 I; WOOD PIER -' �_r ' ' --g PROPOSED RIP-RAP 0 10 20 c v` \ . DISTANCE FROM EASEMENT NOTES: LINE SEE SHEET 1 OF 2 cto 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. EXHIBIT A 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT ENCROACHMENT EXHIBIT SHOWING PROPOSED REQUEST ONLY. WOOD DOCK, RIP-RAP &WOOD PIER 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FLEXAMAT, FROM A PHYSICAL SURVEY PREPARED BY TIDEWATER FOR LAND SURVEYS DATED NOV. 21, 1998. DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 ri GALLUP LOT 216, BLOCK A, OCEAN LAKES, SURVEYORS& ENGINEERS PHASE TWO, SECTION TWO 323 FIRST COLONIAL ROAD D.B. 2478, PG. 1226 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=10' I Date: NOV. 15, 2021 I Sheet: 2 of 3 W:\Ripley,Katie&David-1960 Tibbetstown Drive\Drawings\21-26 Encroachment.dwg,11/8/2022 9:29:25 AM,1:1 , kLTB O, p� Ll �� % le v DA., \ UTLER c.No.38395 IQ 1 4SS �0‘ I � ONAL ADJACENT OWNERS KEY NOW OR FORMERLY D.B./PG. LOT M.B./PG. GPIN ADDRESS Cs GALVIN BEW 4119/39 217 2478/1228 2414-87-9686 1956 TIBBLi TOWN DR 2c) / LAND AMERICA I.N. 16.452 71 23 2414-97-2121 HOLDING, LLC 20090904001053300 AC 0 JIMMY L BARNES 2683/125 215 2478/1226 2414-87-7538 1957 TIBBETSTOWN DR EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD DOCK, FLEXAMAT, RIP-RAP &WOOD PIER FOR DAVID RIPLEY & KATHRYN RIPLEY I.N. 20160711000586670 GPIN: 2414-87-8588 GALLUP LOT 216, BLOCK A, OCEAN LAKES, SURVEYORS & ENGINEERS PHASE TWO, SECTION TWO 323 FIRST COLONIAL ROAD D.B. 2478, PG. 1226 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: NA I_ Date: NOV. 15, 2021 I Sheet: 3 of 3 W:\Ripley,Katie&David-1960 Tibbetstown Drive\Drawings\21-26 Encroachment.dwg,11/8/2022 9:29:26 AM,1:1 • • ,.. ,,,,, . • 0 O` ` .y "" \• ' • � ` � • t-. . v 4^4w4f \ ` .; fits t ; l � + , •' CY , 0 W V} c. # f , ,...„. ,,.4 ,,, * , . . 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' I --- glitit a t J 0 : c 68 ITEM— VLK.14 ORDINANCES/RESOLUTIONS ITEM#73781 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Lake Joyce and the twenty foot(20)strip of land around Lake Joyce, located at the rear of 4501 Powells Point Road re construct and maintain a bulkhead,sand backfilled not more than 2'from existing bulkhead, with two (2) returns walls, a floating dock, a mooring pile, an L-shaped jet dock and to maintain an existing paver pool deck,a paver patio deck,a stepped walkway and two(2)chain link fences DISTRICT 9(Formerly District 4—Bayside) 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 February 7, 2023 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE 7 JOYCE AND A 20' STRIP OF LAND 8 AROUND LAKE JOYCE, LOCATED 9 AT THE REAR OF 4501 POWELLS 10 POINT ROAD 11 12 WHEREAS, The Jeanette T. Hedrick Declaration of Trust, Dated June 26, 1997, as 13 amended, has requested permission to construct and maintain a 95' bulkhead sand 14 backfilled no more than 2' from the existing bulkhead with two (2) 8' return walls, a 8' x 10' 15 floating dock, one (1) mooring pile, a 13' x 15' L-shaped jet dock, and to maintain an 16 existing 10' x 17' variable width paver pool deck, a 9' x 3' variable width paver patio deck, a 17 5' wide stepped walkway and 2 chain link fences (collectively, the "Temporary 18 Encroachments") into City-owned property known as Lake Joyce (GPIN: 1570-80-2438), 19 located at the rear of 4501 Powells Point Rd. (GPIN: 1479-69-8707); and 20 21 WHEREAS, a previous encroachment for the existing bulkhead was approved on 22 June 1, 1987 as ORD-87-1702A; and 23 24 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 25 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 26 City's property subject to such terms and conditions as Council may prescribe. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 32 15.2-2107, Code of Virginia, 1950, as amended, Jeanette T. Hedrick, Trustee under the 33 Jeanette T. Hedrick Declaration of Trust Dated June 26, 1997, as amended, its heirs, 34 assigns and successors in title are authorized to construct and maintain the Temporary 35 Encroachments as shown on the Exhibit plat entitled: "EXHIBIT A ENCROACHMENT 36 REQUEST FOR NEW BULKHEAD WITH BACKFILL, FLOATING DOCK, MOORING PILE, 37 JET DOCK, EXISTING POOL DECK, PATIO DECK, STEPPED WALKWAY& FENCES IN 38 LAKE JOYCE," Scale: 1" = 30', dated March 3, 2022 and revised through October 20, 39 2022, prepared by Marine Engineering LLC, a copy of which is attached hereto as Exhibit 40 "A" and to which reference is made for a more particular description; 41 42 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 43 expressly subject to those terms, conditions and criteria contained in the Agreement 44 between the City of Virginia Beach and Jeanette T. Hedrick, Trustee, under the Jeanette T. 45 Hedrick Delaration of Trust, Dated June 26, 1997, as amended (the "Agreement"), an 1 46 unexecuted copy of which has been presented to the Council in its agenda, and will be 47 recorded, after execution, among the records of the Clerk's Office of the Circuit Court of the 48 City of Virginia Beach; 49 50 BE IT FURTHER ORDAINED, that the City Manager or his authorized 51 designee is hereby authorized to execute the Agreement; and 52 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 53 such time as Jeanette T. Hedrick, Trustee and the City Manager or his authorized designee 54 execute the Agreement. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 57 day of February , 2023 CA15795 PREPARED: December 7, 2022 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d025\p040\00839710.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BL C WOR S, REAL ESTATE s DANA'R. AR E R SENIOR CITY ATTORNEY 2 JY m D m �S?O W' R TRIP OE�ICATEp �NI,TH 0p n POWER Mg 101 PG 10�Y OF�IRGINIA BENCHIPF O� Pr� z 30 R C G� �, F A\I R,SA- 0' 10'_-2$'--3 i DAVID KLEDZIK y �m `'�9 PS�MENT ,, - 1� Lic. No.034674 o M�N\ON�� O9 _ SCALE: 1"= 30' i 20 10/20/2022 ,\5 p0 ,�030 _ o \\ I- , -' POWELLS POINT LOT 24A �� S ONAL #� - \ ,- N/F JEANETTE T HEDRICK TRUST 4501 POWELLS POINT ROAD �i \� GPIN#1479698707 1 , POWELLS POINT LOT 23 \\ DB 4547 PG 319 I1 N/F DONALD E SPENCE \� MB 101 PG 27 i' MARILYN V.SPENCE 0 4417 POWELLS POINT ROAD 1 w GPIN#1479699719 5'DRAINAGE& \ o INSTR#20100804000788450 UTILITY- \\ #4501 ,i ' MB 29 PG 36 EASEMENT I EXISTING 1.5"CONCRETE °, \� 3' PAVER PATIO I o 01 \ i3' POWELLS POINT LOT 25A N/F LISA A NORMAN \\ 56��24' S 83°03'24"W 4505 POWELLS POINT ROAD \\ POOL i IPF GPIN#1479696794 EXI ,ING CONCR E INSTR#20170605000465700 I�ATH/ST 'S 3,g - -- EXISTING MB 101 PG 27 \...._ --At NG BULKHEAD., -CL FENCE 44.00' S 75°;7' 0"W �/ APPROVED 1,► `L�g DB2640 PG1658 ;cc' tr)EXISTING 1.5"CONCRETE "a • POOL DECK �� � \TO REMAI 0, 3' 1 � _ 405' EXISTING CONCRE - 'AD .0 BE REMOVED \ � 15� WATER i 8 5avi -\1 , SPAN 9,' 1.4 20'STRIP 20 9 1 d' D61018 ' 54 • \ 9,-A 3g -2.0' ‘,-,i, PROPOSED 13'X 15'L-SHAPED VB CITY ''0PERTY JETDOCK PROPOSED 95'BULKHEAD&8' EXISTING CL FENCE- I RETURN WALLS&SAND BACK FILL NOR a ATERLINE AT EXISTING BULKHEAD PROPOSED MOORING PILE PROPOSED 8'X 10'FLOATING DOCK EXISTING JETDOCK (TO BE REMOVED) LAKE JOYCE (VB CITY PROPERTY) REMOVE EXISTING PILES GPIN#1570-80-2438 DB1018 PG154 EXHIBIT A PREPARED BY: MARINE ENGINEERING LLC ENCROACHMENT REQUEST FOR NEW BULKHEAD WITH 1932 CHARLA LEE LN APPLICATION FOR ENCROACHMENT BY: VIRGINIA BEACH, VA 23455 BACKFILL, FLOATING DOCK, MOORING PILE, JETDOCK, 757 477-4787 JEANETTE HEDRICK EXISTING POOL DECK, PATIO DECK, STEPPED 4501 POWELLS POINT ROAD WALKWAY & FENCES SHEET 1 OF 1 VIRGINIA BEACH, VA 23455 IN DATE: MARCH 3, 2022 LAKE JOYCE REVISION 1: OCTOBER 20, 2022 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this /7'' day of /Jve..-i'r , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JEANETTE T. HEDRICK, TRUSTEE UNDER THE JEANETTE T. HEDRICK DECLARATION OF TRUST, DATED JUNE 26, 1997, AS AMENDED, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "24A", as shown on the certain plat entitled: "RE- SUBDIVISION OF LOTS 24 & 25 POWELLS POINT BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated December 11, 1973, prepared by Baldwin and Gregg Engineers-Planners-Surveyors, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 101, at page 27, and being further designated, known, and described as 4501 Powells Point Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain a 95' bulkhead sand backfilled no more than 2' from the existing bulkhead, with two (2) 8' return walls, 8' x 10' floating dock, one (1) mooring pile, 13' x 15' L-shaped jet dock, and to maintain an existing 10' x 17' variable width paver pool deck, 9' x 3' variable width GPIN: 1570-80-2438 (CITY PROPERTY KNOWN AS — LAKE JOYCE) 1479-69-8707 (4501 POWELLS POINT ROAD) paver patio deck, 5' stepped walkway, and 2 chain link fences, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Joyce (GPIN: 1570-80-2438) and a 20' strip of land around Lake Joyce collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. WHEREAS, a previous encroachment for the existing bulkhead was approved on June 1 , 1987 as ORD-87-1702A and recorded in the aforesaid Clerk's Office in Deed Book 2640, at page 1658. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR NEW BULKHEAD WITH BACKFILL, FLOATING DOCK, MOORING PILE, JETDOCK, EXISTING POOL DECK, PATIO DECK, STEPPED WALKWAY & FENCES IN LAKE JOYCE," Scale: 1" = 30', dated March 3, 2022, and revised through October 20, 2022, prepared by Marine Engineering LLC a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Jeanette T. Hedrick, Trustee under the Jeanette T. Hedrick Declaration of Trust, dated June 26, 1997, as amended, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Jeanette T. Hedrick Declaration of Trust, Dated June , 1997, as amend By: nette T. He 'ck,/T stee STATE OF `Cr\‘Lc CITY/COUNTY OF V ` % ak , to-wit: The foregoing instrument was acknowledged before me this [ day of )JcA'`"'r , 2022, by Jeanette T. Hedrick, Trustee under the Jeanette T. Hedrick Declaration of Trust, Dated June 26, 1997, as amended. ,5147) \ `°/'' il (SEAL) Notary Public SHANNON M HUGHES NOTARY PUBLIC REG.#7520158 Notary Registration Number: -9-- COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 12/31/2023 My Commission Expires: L'3 311 o?-) APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM b (in.),0 G ATURE . A MEYER 10 CITY ATTORNEY PkNi R ks)-,,,-c DEPARTMENT `N N� R� AT Ep SOrn Mpp1 p ECH ALTH op\IIpEL,- pA PG• 10 SRGINIABA 4o pOWWB 4 l�CITOE O4' Oz � , �232o - o�q R54 o DAVID KLEDZK aREN\ �,�RD _ 351• SN,�N� ---- ' Lic. No.034674 `� NEP90 _, SCALE:1"= 30' �, 0/20/2022 4, �5 pOM 2 03� 9 I ' Cs \` 2� 3-- POWELLS POINT LOT 24A 1 '''TONAL - \ ,, N/F JEANETTE T HEDRICK TRUST �, 4501 POWELLS POINT ROAD \ POWELLS POINT LOT 23 \ GPIN#1479698707 DB 4547 PG 319 \I o N/F DONALD E SPENCE `\ MB 101 PG 27 1 - MARILYN V.SPENCE �1 0 4417 POWELLS POINT ROAD 1 ° GPIN#1479699719 5'DRAINAGE& - \� o INSTR#20100804000788450 UTILITY #4501 II rn MB 29 PG 36 EASEMENTP. \ 1 i o EXISTING 1.5"CONCRETE Pi, \ 13' PAVER PATIO p- o co \ 1Pir i3' POWELLS POINT LOT 25A N/F LISA A NORMAN 564' S 83°03'24"W 4505 POWELLS POINT ROAD POOL IPF GPIN# 1479696794 EXI `ING CONCR E - -J INSTR#20170605000465700 OATH/ST 'S 3 i�° - -- EXISTING MB 101 PG 27 .<-00 NG BULKHEAD.% CL FENCE 44.00' S 75°.7' ,0"W 1II - 4/ APPROVED 1','1, DB2640 PG1658 o� "'/ ' TO REMAI EXISTING 1.5"CONCRETE ". • ' POOL DECK- ,cis, i-- 1� 3 405' EXISTING CONCRE 'AD 0 BE REMOVED- ' 8'. , 11, .1 ; , WATER `r_1 1.4' "D SPAN 20'STRIP 20' • ,ram ,, 9...�� DB1018 " 54 0 ' -- 3z 2.0' - PROPOSED 13'X 15'L-SHAPED VB CITY ''OPERTY 9 A JETDOCK PROPOSED 95'\ ',_ BULKHEAD&8' EXISTING CL FENCE RETURN WALLS&SAND BACK FILL NOR . ATERLINE AT EXISTING BULKHEAD PROPOSED MOORING PILE EXISTING JETDOCK PROPOSED 8'X 10'FLOATING DOCK (TO BE REMOVED) LAKE JOYCE (VB CITY PROPERTY) REMOVE EXISTING PILES J GPIN# 1570-80-2438 DB1018 PG154 EXHIBIT A PREPARED BY: MARINE ENGINEERING LLC 1932 E ENCROACHMENT REQUEST FOR NEW BULKHEAD WITH CHAR ,L V LN APPLICATION FOR ENCROACHMENT BY: BACKFILL, FLOATING DOCK, MOORING PILE, JETDOCK, VIRGINIA BE ACH, VA 23455 757 477-4787 EXISTING POOL DECK, PATIO DECK, STEPPED JEANETTE HEDRICK WALKWAY & FENCES SHEET 1 OF 1 4501 POWELLS POINT ROAD IN DATE: MARCH 3, 2022 VIRGINIA BEACH, VA 23455 LAKE JOYCE REVISION 1: OCTOBER 20, 2022 N W_611— E r ��,o IIL`` �_ I \` S SHORE DR .�, ._ • /4__>-c, '. ( \ ri---- i 0 ., ,, (7 , ,. it_i Li , ,. ,' 7:, xi li — - i ,\, ,, ,, v\IL ''''.\\ 11 \` _I l ---'--------______--/ LOCATION MAP ENCROACHMENT REQUEST JEANETTE HEDRICK Legend 4501 POWELLS POINT ROAD [-- G PI N 1479-69-8707 City Property imimim Feet IIIIII 1479-69-8707 0 50 100 200 .._.____ V.\/'�A 1"11"1\1"l�-.�-♦�\AI"1/�r:l- \A/"�f-AIfIA •I AfI(�\A�7A f�A A'7 A' 69 ITEM— VI.K.15 ORDINANCES/RESOLUTIONS ITEM#73782 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT an In-Kind Grant from the University of Florida Shelter Medicine Program re Animal Shelter Consultation 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 February 7, 2023 1 AN ORDINANCE TO ACCEPT AN IN-KIND GRANT FOR AN 2 ANIMAL SHELTER CONSULTATION FROM THE 3 UNIVERSITY OF FLORIDA SHELTER MEDICINE 4 PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That an in-kind grant is hereby accepted from the University of Florida Shelter 10 Medicine Program for an animal shelter health consultation for the Animal Care and 11 Adoption Center operated by the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 day of February , 2023. APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY' . c Budget and Management Services o ey's Office CA15993 R-1 January 26, 2023 70 ITEM— VI.K.16 ORDINANCES/RESOLUTIONS ITEM#73783 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED, UPDATED VERSION, BY CONSENT, Ordinance to APPROPRIATE $1.5-Million of Fund Balance from the Tourism Investment Program (TIP)fund and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Live Nation Worldwide, Inc. re "BEACH IT"Musical Festival Voting: 10-1 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None February 7, 2023 UPDATED VERSION 1 AN ORDINANCE TO APPROPRIATE FUND 2 BALANCE OF THE TOURISM INVESTMENT 3 PROGRAM FUND AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A SPONSORSHIP 5 AGREEMENT WITH LIVE NATION WORLDWIDE, 6 INC. 7 8 WHEREAS, the City wishes to provide a financial sponsorship for the Country 9 Nation-Live Nation Beach It Festival (the "Festival"); 10 11 WHEREAS, the Festival is scheduled for June 23-25, 2023, and the City desires 12 to use such sponsorship to promote the City to residents and visitors; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, THAT: 16 17 1. $1,500,000 is hereby appropriated from the fund balance of the Tourism 18 Investment Program (TIP) Fund to support the City's financial sponsorship of the 19 Festival. 20 21 2. The City Manager is hereby authorized to execute a sponsorship agreement 22 between the City and Live Nation Worldwide, Inc., in a form acceptable to the 23 City Manager and approved by the City Attorney, consistent with the attached, 24 Exhibit A, Summary of Terms, and the financial sponsorship shall not exceed 25 $1,500,000. The City's financial sponsorship shall be tied to the performance of 26 the Festival and not the amount appropriated herein. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 day of February , 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: 4a\- nd Management ervices ffice e i omey CA16026 R-2 February 6, 2023 EXHIBIT A SUMMARY OF SPONSORSHIP BEACH IT! FESTIVAL 2023 Purpose: To have a country music festival (the "Festival") on June 23-25, 2023 at the Oceanfront from 1st Street to 8th Street. Parties: City of Virginia Beach ("City")and Live Nation Worldwide, Inc. ("Producer") City's Financial Sponsorship: City agrees to provide a financial sponsorship to the Promoter equal to the admissions taxes within the footprint of the Festival in an amount not to exceed $1,500,000. The" footprint" includes 1st Street to 8tb Street at the Oceanfront within the area subject to the Festival's special event permit and online ticket sales. The Producer will provide point of sale information to the City to assist in the calculation of the sponsorship, and such amounts to be paid to Producer after the Festival is completed and the Producer has delivered the agreed-upon program. City's In-Kind Contributions: • Use of agreed-upon public parking lots for direct Festival support and rideshare. • City Public Safety and Public Works personnel as City resources permit. • Waiver of City charges for certain goods and services, including a) rent for use of beaches and the boardwalk; b) costs associated with traffic control, road closures, and crowd and pedestrian control; c) establishment of a command center comprised of various City employees; d) electrical power for vendors, but not power to the stages for the concerts; e)waterboards for vendors and other water needs; f) Fire Department services, including capacity determinations and inspections for vendors; g) sand fencing,cones,sand maintenance,and rail removal and replacement on the boardwalk; and h)trash pick up and removal. Producer's Responsibilities: • Produce a professional country music Festival that highlights the City of Virginia Beach. • Provide the City with the names of acts performing at the Festival by March 30, 2023. • Engage the Resort Area business community to activate and welcome participants. • Produce destination event marketing activities. • Provide fifty VIP passes to the City and access to VIP spaces for promotional purposes. • Secure and pay for entertainment,permits, licenses, and insurance required for the Festival. • Provide the City with point of sale information, attendance information and sponsorship information for safety/security and economic impact purposes within sixty(60)days of completion of the Festival. • Hire off-duty law enforcement and private security officers to supplement the City's Public Safety personnel. 71 ITEM— VLK.17 ORDINANCES/RESOLUTIONS ITEM#73784 The City Clerk called the following speaker: Barbara Messner, P. O. Box 514—did not respond Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003, spoke in OPPOSITION Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, Ordinance to TRANSFER $349,958 of Vacancy Savings within the General Fund to the FY2022-23 Communications Office Operating Budget and AUTHORIZE the City Manager enter into a Contract with the University of Virginia's Weldon Cooper Center for Public Service re community engagement for the City's Election System Voting: 8-3 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,Joashua F. "Joash"Schulman, and Vice Mayor Rosemary Wilson Council Members Voting Nay: Jennifer Rouse, Chris Taylor, and Sabrina D. Wooten Council Members Absent: None February 7, 2023 1 AN ORDINANCE TO TRANSFER $349,958 OF VACANCY 2 SAVINGS WITHIN THE GENERAL FUND TO THE 3 COMMUNICATIONS OFFICE AND TO AUTHORIZE A 4 CONTRACT WITH THE UNIVERSITY OF VIRGINIA'S 5 WELDON COOPER CENTER FOR COMMUNITY 6 ENGAGEMENT REGARDING THE CITY'S ELECTION 7 SYSTEM 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1) $349,958 of vacancy savings is hereby transferred within the General Fund to 13 the FY 2022-23 Operating Budget of the Communications Office to support 14 survey work, public input sessions, and other community engagement and 15 marketing costs for public input on the City's election system. 16 17 2) The City Manager is hereby authorized to enter into a contract with the 18 University of Virginia's Weldon Cooper Center for Public Service for consulting 19 and surveying to assist in the public input process. The scope of such contract 20 shall be generally consistent with the proposed scope of work attached hereto 21 as "Exhibit A." Adopted by the Council of the City of Virginia Beach, Virginia on the 7 day of February , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - Budget and Management Services rn 's Office CA16025 R-1 January 26, 2023 Exhibit A 1IJNIVERSI'l'Y Weldon Cooper Center for Public Service !111L1! IRGINIA coopercenter.org 2400 Old Ivy Road I PO Box 400206 Weldon Cooper Center Charlottesville, VA 22904-4206 for Public Service January 19th, 2023 Proposed Scope of Work Virginia Beach Election System Community Engagement Survey Prepared by the Weldon Cooper Center for Public Service University of Virginia The University of Virginia's Weldon Cooper Center for Public Service (COPS) is well equipped to support the City of Virginia Beach and the City Council in systematically and inclusively engaging community residents to raise awareness of the local election system and receive community feedback on the current election system and preferences going forward. Drawing on the Cooper Center's research and government support expertise, Cooper Center staff will oversee and facilitate a series of community town halls, carry out a scientific probability-based community survey, and conduct an expert review of election system options and prepare recommendations accordingly for the City. To conduct the community town halls, the Cooper Center will train a diverse group of moderators to facilitate a total of twelve town halls, in a combination of in-person and virtual formats. At least one town hall will be conducted for each electoral district. COPS will synthesize town hall feedback and prepare a summary report of findings. COPS will prepare, administer, and analyze a survey of Virginia Beach residents to capture their experiences with the 2022 local election cycle and their preferences for the local election system going forward. To achieve statistically representative findings, we propose a mixed-probability, multi- mode survey design. More specifically, we recommend a stratified, address-based (ABS) probability sample of 4,500 households who will be contacted following a mail-forward design in which residents are first invited to complete the survey by paper, and are later presented with a web option for participation. The probability-based responses will provide the survey's basis for statistical inference of results to all Virginia Beach residents. Additionally, the Cooper Center will host a web-only, "open- source" survey available to residents not selected for the ABS sample. We will coordinate with the City to widely share the open-source web survey via social media, City communications, and any other channels the City deems appropriate. This mixed sample design enables statistically generalizable survey results in combination with maximized outreach and engagement for any City resident interested in providing feedback. The survey will follow a confidential protocol and be administered in English, Spanish, and Tagalog. To carry out its review of legally viable election system options for Virginia Beach, COPS will partner with a Virginia-based local election systems expert from UVA. With this partner, COPS will review similar local election cases as well as Virginia election laws to prepare a report of recommendations on election system options going forward for Virginia Beach and advise on possible referendum question phrasing. Weldon Cooper Center for Public Service, University of Virginia 1 Virginia Beach Election Input Community Engagement Proposal This proposal contains the following elements: A. Scope of Work (page 2) B. Timeline (page 5) C. Budget for Services (page 6) D. Experience and Qualifications (page 8) The primary contacts for this proposal are Charles Hartgrove and Kara Fitzgibbon. Charles W. Hartgrove, ICMA-CM Kara Fitzgibbon, PhD Director, Virginia Institute of Government Director, Center for Survey Research Weldon Cooper Center for Public Weldon Cooper Center for Public charles.hartgrove(a�virginia.edu karaf(a�virginia.edu Office: 804-371-0202 Office: 434-243-5224 A. Scope of Work Below is a breakdown of the specific Cooper Center services to carry out the proposed community engagement efforts. 1. The Cooper Center(CCPS)will oversee preparation and facilitation of the community town halls, including: a. Moderator guide preparation i. CCPS will consult with City staff to develop the key talking points and discussion questions for the town halls b. Consult with City staff to determine in-person vs. virtual plans for each electoral district i. CCPS will coordinate with the City on scheduling the town halls c. CCPS will identify and train town hall moderators i. In consultation with the City, a variety of town hall moderators will be selected to ensure community members feel reflected by the moderator's own characteristics ii. CCPS will coordinate with the City on which town halls, if any, may require Spanish translation support d. CCPS will be responsible for facilitating the community town halls i. A total of 12 town halls are budgeted, with a combination of in-person and virtual formats. e. CCPS will prepare summary report of town hall feedback 2. The Cooper Center will oversee all project preparation ahead of survey production, including: a. Questionnaire preparation i. CCPS will consult with City staff to develop the survey questionnaire ii. CCPS will format the paper questionnaire for mail administration. iii. CCPS will program the questionnaire using Qualtrics for web-based administration. iv. CCPS will be responsible for translation of the questionnaire into each Spanish and Tagalog b. CCPS will compose all mailing materials, with final approval by the City. Weldon Cooper Center for Public Service, University of Virginia 2 Virginia Beach Election Input Community Engagement Proposal i. CCPS will be responsible for translation of the mailing materials in each Spanish and Tagalog c. Sample preparation i. CCPS will obtain an addressed-based sample of approximately 4,500 households, with stratification across the 10 City districts to ensure adequate representation from each district. d. CCPS will obtain Institutional Review Board approval for the survey to ensure ethical research practices. e. CCPS will create a database (using FileMaker Pro) to manage the sample and assign unique code numbers for each household, track all contact events and responses including those received via the online version of the survey, and generate mailing materials such as mailing labels and cover letters. 3. CCPS will manage survey administration, including hosting the online questionnaire and printing, mailing, and tracking all respondent contacts. a. The survey production of the ABS sample will include: i. A personalized advance letter (in each English, Spanish, and Tagalog) describing the survey will be sent to all sampled households by first-class mail. The letter and outgoing envelope will bear the City logo to establish legitimacy and encourage respondent participation. All subsequent mailings will bear the University of Virginia, Weldon Cooper Center for Public Service logo to establish objectivity and confidentiality of the data. We also propose to print the City logo on all subsequent letters and on the outgoing envelopes to reinforce the partnership and importance of the project. ii. About a week after mailing the advance letter, survey packet#1 will be sent to the full sample. This packet will contain a personalized cover letter(in English, Spanish, and Tagalog), a paper version of the questionnaire (English), a mail- back post card the respondent may use to request a Spanish or Tagalog version of the paper questionnaire, and a postage-paid return envelope for completed questionnaire booklets. iii. Within 10 days of mailing the first survey packets, a postcard will be sent to all households with deliverable addresses. The postcard will thank those who have already completed the survey and remind non-responders about the initial survey invitation and request their participation. It will also invite participants to complete the questionnaire online if they prefer. The post card will include a short URL and code number with instructions to complete the survey online. iv. Approximately three weeks after sending the initial reminder postcard, CCPS will send a second full survey packet to all non-responders (after tracking responses received online and by mail). The second packet will again include a cover letter(English, Spanish, and Tagalog), a questionnaire booklet, and a postage-paid return envelope for completed questionnaires. The wording of this cover letter will be somewhat different from the first packet's cover letter and include instructions to complete the survey online as well as the final date to submit a response. v. About 10 days after sending the second survey packet, CCPS will send a closeout postcard as the final mail contact. This postcard will again announce the close date and provide instructions to complete the survey online. Weldon Cooper Center for Public Service, University of Virginia 3 Virginia Beach Election Input Community Engagement Proposal vi. Data collection will close approximately two and a half weeks after the closeout postcard is sent. vii. The following table summarizes the proposed contact strategy for the mail- forward sample: Contact Proposed Date Advance letter March 22, 2023 Paper survey packet#1 March 28, 2023 Post card reminder April 6, 2023 Paper survey packet#2 April 27, 2023 Closeout post card May 8, 2023 Close data collection May 26, 2023 b. As noted, a web-only survey will be made available concurrently to the probability- based ABS data collection. Any City resident may participate in the open-source survey. c. CCPS will enter the data from the paper questionnaires into a FileMaker database customized for data entry and validation. Data entry will be validated for a random sample of 10 percent of the paper questionnaires. d. Below is a table of production estimates used to calculate the survey costs. Please note, CCPS does not guarantee response rates. However, based on our prior experience surveying comparable communities, CCPS anticipates a response rate around 23%, yielding approximately 1,052 responses. Survey Production Estimates: Mail Contact Sent Received _ Advance letter 4500 Bad addresses 315 Paper survey packet#1 4500 Response to paper survey packet#1 309 ThankYou/Reminder postcard 1 4185 Response to reminder postcard 262 Paper survey packet#2 - referral to web 3876 Response to paper survey packet#2 368 Closeout postcard 3246 Response to closeout postcard 113 Returns by web 242 Returns by paper 810 Expected number of returns: 1,052 Final overall response rate: 23.4% Weldon Cooper Center for Public Service. University of Virginia 4 Virginia Beach Election Input Community Engagement Proposal Completion estimates are for budgeting purposes only. CCPS does not guarantee response rates. 4. CCPS will clean, analyze and report on the survey data. a. CCPS will prepare a machine-readable data file that combines the data from surveys completed by web from the ABS group, data entered by CCPS from the paper surveys completed by the ABS group, and data from the web-only, open survey. b. To provide data that is statistically generalizable to the City of Virginia Beach as a whole, CCPS will weight the probability-based responses to correct for sample stratification. This process is also known as base-weighting. CCPS will also weight the probability-based responses to match known population parameters on characteristics agreed upon with the client (e.g., racial affiliation, age, etc.). This process is known as post-stratification weighting. c. CCPS will prepare complete descriptive statistics of all survey questions. d. CCPS will run comparisons of all survey questions by up to five characteristics to be agreed upon with the client (e.g., residential district, racial affiliation, age, probability vs. nonprobability sample). e. CCPS will prepare a topline summary narrative report of the survey findings, with detailed tables provided in appendices as well as a dispositions and methodology report. This report will be delivered by June 13, 2023 so long as the City meets prior deadlines during survey preparation. f. CCPS will prepare a PowerPoint presentation of the survey findings. CCPS will present the results to City Council and/or an internal City-identified readership team to allow for in-depth Q&A. 5. CCPS will review current election system and make recommendations on options for the City to consider moving forward a. CCPS will partner with a Virginia-based local and state election systems expert within the University of Virginia. This partner will consult with CCPS throughout community engagement process. b. CCPS, in consultation with election expert, will review local election system legal cases and Virginia state law to identify legally viable options for the City of Virginia Beach c. CCPS will prepare report of findings and recommendations d. CCPS may provide guidance on referendum question phrasing 6. By accepting this proposal, the City of Virginia Beach would receive a complimentary annual VIG membership retroactive to July 1, 2022. The City will also receive a complimentary annual VIG membership for FY24. The total value of the membership is $40,000 over two fiscal years and provides access to member services and programming discounts provided to local government organizations. B. Timeline Below is an overall timeline of the community engagement process across CCPS service, from town hall and survey preparation through delivery of results. In order to deliver the results by June 13, 2023, all of the following preparation dates in collaboration with Virginia Beach City must be met. Weldon Cooper Center for Public Service, University of Virginia 5 Virginia Beach Election Input Community Engagement Proposal Community Engagement Progress Milestones Proposed Date Kickoff planning meeting with Virginia Beach February 9, 2023 Draft survey conceptual outline February 10, 2023 Set tentative dates for town halls; select moderators February 15, 2023 Begin facilitating community town halls -February 22, 2023 Finalize survey sampling design March 3, 2023 Finalize survey questionnaire March 8, 2023 Launch survey w/ mailing of advance letter March 22, 2023 Conclude all town halls March 28, 2023 Deliver town hall findings report April 28, 2023 Close survey data collection May 26, 2023 Deliver survey findings and report on election system June 13, 2023 options Presentation to City Council Early to mid-July (date TBD) C. Budget for Services Cost of Services: Service Cost Subtotal PROJECT MANAGEMENT $22,469.00 $22,469.00 COMMUNITY TOWN HALLS $38,500.00 Prepare moderator guides and train moderators $8,500.00 Conduct town halls (12x, combination in-person & virtual) $24,000.00 Synthesize community town hall feedback $6,000.00 ELECTION SYSTEM CONSULTATION $35,000.00 Collab w/Virginia-based election system expert from UVA $12,000.00 Review of election system cases and Virginia election laws $14,500.00 Prepare report of legally viable election systems $8,500.00 SURVEY DESIGN & DEVELOPMENT $19,473.00 Questionnaire development $3,056.00 Non-English language translations $6,500.00 Preparation of questionnaire booklet $1,117.00 Construction of web survey instrument and welcome pages $2,266.00 Sampling and weighting plan $1,726.00 Trips (2x) to Virginia Beach $4,808.00 Weldon Cooper Center for Public Service, University of Virginia 6 Virginia Beach Election Input Community Engagement Proposal SURVEY PRODUCTION $47,004.73 Website maintenance and hosting $912.55 Purchase sample $830.00 Data base creation and management $1,316.00 Data entry $4,212.99 Advance letter N to mail out 4,500 Mail-out labor $599.00 Supplies, postage, printing $5,265.00 1st QA Mailout N to mail out 4,500 Mail-out labor $1,740.69 Supplies, postage, printing $14,673.84 Reminder/thank you postcard N to mail out (estimate) 4,185 Mail-out labor $189.25 Supplies, postage, printing $2,038.10 2nd QA Mailout, non-responders N to mail out(estimate) 3,876 Mail-out labor $1,439.75 Supplies, postage, printing $12,060.31 Closeout Postcard, non-responders 3,246 N to mail out (estimate) $146.50 Mail-out labor $1,580.75 Supplies, postage, printing SURVEY ANALYSIS & REPORTING $12,515.00 File preparation (merging, cleaning, weighting) $3,464.00 Data analysis $2,286.00 Topline Summary Report of Findings $2,982.00 Prepare Methods and Disposition Reports $881.00 PowerPoint presentations of findings $2,902.00 Direct costs for all services $174,971.73 Facilities & Administration (reduced University rate) 8% 13,996.94 TOTAL COST TO CLIENT $188,958.67 Weldon Cooper Center for Public Service, University of Virginia 7 Virginia Beach Election Input Community Engagement Proposal D. Experience and Qualifications Background on the Weldon Cooper Center for Public Service The Cooper Center serves localities in the Commonwealth in the context of a complex 21st century in which civic challenges are interconnected and problem-solving requires engaged communities and collaboration across traditional boundaries. In this new context, the Center is reimagining public service to ensure our work is impact-driven and focused on the needs of the diverse communities in Virginia; inclusive of leaders at all levels and of individuals with differing perspectives and from varied backgrounds; and guided always by our values of access, collaboration, commitment to community, and impact. The Weldon Cooper Center draws on eighty years of experience and expertise from across the organization to support the needs of our clients and partners. We conduct advanced and applied research in collaboration with clients so they may make a difference in governance and community life. To match the specific needs of the City of Virginia Beach, the Cooper Center's Virginia Institute of Government and Center for Survey Research will provide key contributions and collaboratively manage this community engagement project. Background on the Virginia Institute of Government The Virginia Institute of Government (VIG) is a business unit of the Weldon Cooper Center for Public Service at the University of Virginia. In addition to its full-time designated team, VIG has a rich network of consultants, facilitators, and subject-matter experts. VIG was established in 1994 by the Virginia General Assembly to provide training, technical assistance, and information resources to its member local governments. Due to the changing needs of Virginia communities over the last quarter century, VIG has expanded beyond its original mission. The goal of VIG is to become the central navigator for local governments to assist in building governance capacity and developing dynamic leaders at all levels. This will be achieved by curating a portfolio of services, partnerships, and best practices to serve our members and other clients. Through the Senior Executive Institute and LEAD programs, VIG provides professional development to local government leaders from communities across the country. Our staff also supports the continuing education programs and conferences for the Virginia Local Government Management Association, Virginia Government Finance Officers Association, Treasurers Association of Virginia, and Commissioners of the Revenue Association of Virginia. VIG draws regularly on the Cooper Center's intellectual and technological expertise to develop and deliver services. The director, Charles Hartgrove, is responsible for leading VIG's staff, daily operations, professional development programs, and consulting services. VIG has the ability to pull from subject matter experts within the Cooper Center, the University at-large, and external partners with experience designing and delivering programming for local government elected officials, senior executives, and staff. Background on the Center for Survey Research The Center for Survey Research (CSR) is a service unit of the Weldon Cooper Center for Public Service at the University of Virginia. CSR combines expert faculty, experienced staff, and advanced technical facilities to bring the best tools of quantitative and qualitative social science to the service of local government and state agencies, non-profit and private-sector clients, and academic researchers. Since its founding in 1988 as an interdisciplinary research and service organization, CSR has Weldon Cooper Center for Public Service, University of Virginia 8 Virginia Beach Election Input Community Engagement Proposal conducted thousands of telephone, mail, web and in-person interviews. Senior staff members make frequent contributions to the academic and professional survey research literature. CSR specializes in providing full-service survey methodology, including customized project design, professional interviewing, data collection, and data analysis. CSR continues to lead and innovate in conducting surveys and utilizing multi-mode approaches to ensure high completion rates. Further, CSR is committed to community-engaged research while supporting localities and agencies throughout Virginia. Through our research, CSR opens channels of communication to give voice to the main. By helping governments, community organizations, and researchers to measure attitudes, opinions, behaviors and interests, we enable them to serve their communities more effectively. Key Project Personnel Charles W. Hartgrove, ICMA-CM Mr. Hartgrove is the director of the Virginia Institute of Government (VIG) at the University of Virginia's Weldon Cooper Center for Public Service. He leads the staff and daily operations of VIG. This includes providing local governments professional/technical assistance, training programs, and consulting services. He is also responsible for the Senior Executive Institute (SEI), Leading, Educating, and Developing program (LEAD), and the Constitutional Officer Education Program. Prior to joining the Cooper Center staff in 2019, he most recently served as the chief deputy commissioner of the Virginia Department of Taxation. Hartgrove served as the agency's chief administrative officer and was responsible for all internal financial and general operations and the organization's strategic plan. He led special projects and served on several committees for the Secretary of Finance and the Governor's offices regarding workforce development, the gig economy, worker misclassification, and local government issues. Hartgrove worked as a senior executive for Virginia local governments for over twenty years. He has vast experience in the fields of organizational development, community engagement, strategic planning, financial administration, and community and economic development. He served as the deputy city manager of Lynchburg and as the town manager of Ashland (Hanover County), Middleburg (Loudoun County), and Gate City (Scott County). Hartgrove obtained a Bachelor's degree in government from the University of Virginia's College at Wise. He also received a Master of Public Administration and a Post-Baccalaureate graduate certificate in public management from Virginia Commonwealth University. He is a graduate of the University of Oklahoma's Economic Development Institute, Virginia Commonwealth University's Virginia Executive Institute, and the University of Virginia's Senior Executive Institute. He is an International City/County Management Association Credentialed Manager(ICMA-CM). Hartgrove previously served on the Executive Committee of the Virginia Local Government Management Association (VLGMA). Kara S. Fitzgibbon, PhD Dr. Fitzgibbon is Director of the Center for Survey Research. Dr. Fitzgibbon has worked at CSR since 2012, and during that time has been directly involved in over 100 funded survey projects, served as PI on dozens of these studies, and regularly designed and led qualitative research efforts, including both semi-structured interviews and focus groups. In her role as director, she maintains responsibility for Weldon Cooper Center for Public Service, University of Virginia 9 Virginia Beach Election Input Community Engagement Proposal the study design, budget, staffing, data and report deliverables of all research projects that are carried out through CSR. Dr. Fitzgibbon is also active in the field of survey research at the national level through committee memberships and conference presentations across several preeminent professional survey associations, including the American Association of Public Opinion Research (AAPOR) and the Association of Academic Survey Research Organizations (AASRO). In addition, she has co-authored several peer-reviewed academic articles based on her survey research. In addition to presenting at national conferences, Dr. Fitzgibbon regularly presents on survey findings to public community audiences as well as internal presentations for organizational leadership or other client-identified bodies. Dr. Fitzgibbon received her Ph.D. in Sociology from the University of Virginia with specialized training in survey methods. She also holds a Master's degree from UVA, and she received her Bachelor's degree from Washington and Lee University. She has experience teaching research methods and statistics. Weldon Cooper Center for Public Service, University of Virginia 10 72 ITEM— VI.K.18 ORDINANCES/RESOLUTIONS ITEM#73785 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to TRANSFER $140,000 within the Parks and Recreation Operating Budget re fund the Summer Youth Employment Program through the remainder of the fiscal year 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 February 7, 2023 1 AN ORDINANCE TO TRANSFER $140,000 WITHIN THE 2 OPERATING BUDGET OF THE DEPARTMENT OF PARKS 3 AND RECREATION TO FUND THE SUMMER YOUTH 4 EMPLOYMENT PROGRAM THROUGH THE REMAINDER 5 OF THE FISCAL YEAR 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $140,000 is hereby transferred within the FY 2022-23 Operating Budget of the 11 Department of Parks and Recreation to fund the Summer Youth Employment Program 12 through the remainder of the fiscal year. Adopted by the Council of the City of Virginia Beach, Virginia on the _I_day of February , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 5ktikaffil Budget and Management Services i o e s Office CA16023 R-1 January 26, 2023 73 ITEM— VLK.19 ORDINANCES/RESOLUTIONS ITEM#73786 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$341,001 in grant funds from Eastern Virginia Medical School to the FY2022—23 Parks and Recreation Operating Budget re support the Out of School Time program 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 February 7, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE OUT OF SCHOOL TIME PROGRAM IN 3 THE DEPARTMENT OF PARKS AND RECREATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $341,001 is hereby accepted from Eastern Virginia Medical School for the Mixed 9 Delivery Grant Program through the Virginia Early Childhood Foundation and 10 appropriated, with revenue increased accordingly,to the FY 2022-2023 Operating Budget 11 of the Department of Parks and Recreation to support the Out of School Time Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 day of February , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: jr/KANAN-‘ C,LY.SAt Budget and Management Services C. s Office CA16022 R-1 January 26, 2023 74 ITEM— VI.K.20 ORDINANCES/RESOLUTIONS ITEM#73787 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $190,000 from the Virginia Department of Behavioral Health and Developmental Services to the FY2022-23 Human Services Operating Budget and AUTHORIZE one (1)position re support information technology infrastructure 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 February 7, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $190,000 FROM THE COMMONWEALTH AND TO 3 AUTHORIZE A POSITION IN THE DEPARTMENT OF 4 HUMAN SERVICES TO SUPPORT INFORMATION 5 TECHNOLOGY INFRASTRUCTURE 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) $190,000, including $130,000 in one-time funding and $60,000 in annual 11 funding, is hereby accepted from the Virginia Department of Behavioral Health 12 and Developmental Services and appropriated, with federal revenue increased 13 accordingly, to the FY 2022-2023 Grants Consolidated Operating Budget for 14 the Department of Human Services to support information technology 15 infrastructure. 16 17 2) 1.0 FTE is hereby authorized in the Grants Consolidated Fund for the 18 Department of Human Services. This position is contingent on continued grant 19 funding. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 day of February 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: CiiLW Budget and Management Services tto ey' ice CA16021 R-1 January 26, 2023 75 ITEM— VI.K.21 ORDINANCES/RESOLUTIONS ITEM#73788 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $14,354.53 from the Virginia Department of Forestry to the FY2022-23 Parks and Recreation Operating Budget re projects related to public education, outdoor recreation, and forest conservation initiatives 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 February 7, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $14,354.53 IN STATE AID FROM THE VIRGINIA 3 DEPARTMENT OF FORESTRY FOR PUBLIC 4 EDUCATION, OUTDOOR RECREATION, AND 5 FOREST CONSERVATION INITIATIVES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $14,354.53 is hereby accepted from the Virginia Department of Forestry and 11 appropriated, with revenue from the Commonwealth increased accordingly, to the FY 12 2022-23 Operating Budget of the Department of Parks and Recreation for projects related 13 to public education, outdoor recreation, or forest conservation. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 day of February , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget an anagement Services or s ffice CA16027 R-1 January 26, 2023 76 ITEM— VI.L.1 PLANNING ITEMS ITEM#73 789 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of KM CASH CONSTRUCTION CORP for a Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2)lots at 3536 Boyd Road DISTRICT 3 (Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KM CASH CONSTRUCTION CORP for a Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2) lots at 3536 Boyd Road (GPIN 1496974509) DISTRICT 3 (formerly District 6-Beach) The following conditions shall be required: 1. When these properties are subdivided, they shall be substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Parcel A"; dated December 8, 2022, and prepared by Bonifant Land Surveys,Inc. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. The design, size, and materials of the building shall be substantially in adherence with the submitted elevation exhibits dated May 12, 2021. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 3. When Lot 110-A is redeveloped, the building exteriors shall substantially adhere to the renderings shown on page seven(7)of this report, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. This Ordinance shall be effective in accordance with Section 107()of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of February Two Thousand Twenty Three. 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 February 7, 2023 -r/ - ' R7.5 W7X-5 -R7:5 A_ , , / Boyd Road ; : — - / -\ , \ ( \--I 1 -75 Suite N r A Site K.M. Cash Construction Corp W-,A : Property_Polygons BoydRoad & Parcel between \ ��,y 3536 s Zoning 3536 & 3528 Boyd Road Building iirscomicFeet 1 PLAN TRANS SURFACES 0 510 20 30 40 50 60 77 ITEM— VI.L.2 PLANNING ITEMS ITEM#73790 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council DEFERRED TO MARCH 7, 2023, BY CONSENT, application of TONY SAADY& LINA A. SAADY/TONY J. & LINA AZAR-SAADY, TRUSTEES OF TONY& LINA SAADY REVOCABLE LIVING TRUST for a Variance to Section 4.1(m) of the Subdivision Regulations re subdivide two (2) lots at 5020 Lord Felton Lane DISTRICT 9(Formerly District 4-Bayside) 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 February 7, 2023 78 ITEM— VLL.3 PLANNING ITEMS ITEM#73791 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED, AS CONDITIONED,BY CONSENT, application of LUCY GWALTNEY CLAY LIVING TRUST for a Change in Nonconformity re renovate a secondary dwelling at 102A & 102B 45th Street DISTRICT 6 (Formerly District 6-Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LUCY GWALTNEY CLAY LIVING TRUST for a Change in Nonconformity re renovate a secondary dwelling at 102A& 102B 45th Street(GPIN 1496974509)DISTRICT 6(Formerly District 6 -Beach) The following conditions shall be required: 1. The front yard setback shall be nine (9)feet for the primary dwelling. The east side yard setback shall be a minimum of five (5)feet and the west side yard setback shall be a minimum of four(4)feet for both the primary and secondary dwellings. Additionally, the rear yard setback for the secondary dwelling shall be zero (0)feet. This is a deviation to the required setbacks identified in Section 502 of the Zoning Ordinance. 2. The maximum lot coverage shall not exceed 38%. This is a deviation to the required maximum lot coverage identified in Section 502 of the Zoning Ordinance. 3. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted concept site layout entitled "Non-conforming use exhibit Lot 38,"prepared by WPL and dated October 28, 2022. 4. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted elevations exhibited below on page eight (8) and prepared by Battaglia Designs, n.d. 5. The maximum number of dwelling units on the subject Site shall not exceed two (2). This Ordinance shall be effective in accordance with Section 107(9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`h day of February Two Thousand Twenty Three. February 7, 2023 79 ITEM— VLL.3 PLANNING ITEMS ITEM#73791 (Continued) 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 February 7, 2023 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 102A AND 102B 45TH STREET 4 5 WHEREAS, the Lucy Gwaltney Clay Living Trust (the "Applicant") has made 6 application to the City Council for authorization to expand the nonconforming use and 7 structure at 102A and 102B 45th Street and zoned R-7.5 Residential Zoning District; 8 9 WHEREAS, this parcel currently contains two single family dwellings, a primary 10 and secondary structure that does not meet current setbacks or lot coverage. The 11 expansion is for 102B, the secondary structure, the primary structure shall remain as it is. 12 Both dwellings were constructed prior to the adoption of the applicable zoning regulations 13 and are therefore nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on January 11, 2023; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of nonconforming uses is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed use as expanded be equally 21 appropriate or more appropriate to the zoning district than are the existing uses. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed nonconforming use and 27 structure as expanded, will be equally appropriate to the district as are the existing uses 28 and structure under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 1. The front yard setback shall be nine feet for the primary dwelling. The east side yard 34 setback shall be a minimum of five feet and the west side yard setback shall be a 35 minimum of four feet for both the primary and secondary dwellings. Additionally, the 36 rear yard setback for the secondary dwelling shall be zero feet. This is a deviation to 37 the required setbacks identified in Section 502 of the Zoning Ordinance. 38 2. The maximum lot coverage shall not exceed 38%. This is a deviation to the required 39 maximum lot coverage identified in Section 502 of the Zoning Ordinance. 40 3. Except as modified by any condition below, or as necessary to meet City 41 Development Ordinances and Standards, the Site shall be developed substantially in 42 accordance with the submitted concept site layout entitled "Non-conforming use 43 exhibit Lot 38," prepared by WPL and dated 10/28/2022. 47 48 4. Except as modified by any condition below, or as necessary to meet City Development 49 Ordinances and Standards, the Site shall be developed substantially in accordance 50 with the submitted concept site layout entitled "Non-conforming use exhibit Lot 38," 51 prepared by WPL and dated 10/28/2022. 52 53 5. Except as modified by any condition below, or as necessary to meet City Development 54 Ordinances and Standards, the Site shall be developed substantially in accordance 55 with the submitted elevations exhibited below on page eight and prepared by Battaglia 56 Designs, n.d. 57 58 6. The maximum number of dwelling units on the subject Site shall not exceed two (2). Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day Of February , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning and Community City Attorney's Office Development CA16008 R-2 January 3, 2023 2 11111 , \ ,, R7.5 , R.7%/5 .i R7.5 R7 5 / , ' , 2,\,, Suite N r zi Site Lucy Gwaltney Clay Living Trust \\04b, i:. Property_Polygons 102A & 102B 45th Street s Zoning Building - INI =EN= Feet PLAN TRANS SURFACES 0 3.5 7 14 21 28 35 42 80 ITEM— VLL.4 PLANNING ITEMS ITEM#73792 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED, AS MODIFIED, AS PROFFERED, BY CONSENT, application of AGI-VB HOLDING, LLC for a Modification of Proffers re amend the proffered conceptual plan associated with the 2014 Conditional Rezoning request and add a 2,100 square foot outside cafe and two 814 square foot storage units at 1925 Fischer Arch DISTRICT 2(Formerly District 7-Princess Anne) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AGI-VB HOLDING, LLC for a Modification of Proffers re amend the proffered conceptual plan associated with the 2014 Conditional Rezoning request and add a 2,100 square foot outside cafe and two 814 square foot storage units at 1925 Fischer Arch (GPIN 1496974509) DISTRICT 2 (Formerly District 7 - Princess Anne) The following conditions shall be required: An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of February Two Thousand Twenty Three. 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 February 7, 2023 ri_,/ 7,/ N s\ \0/ AG2 R20 0 - AG2 /,* R,20 B2 B2 AV s B2 B2 �. / q► Q, B2 B2 e /44; .,, / /// / N0, Nck, // / / , / \ B'2/B2/ B2 NN ., -.. 02 O -,. 132 B2 AG1 AG1 N P1 AG2 AG2 R10 iN P1 MOLI*/ R20, Suite N V A Site AGI-VB Holding, LLC ,Ai,. ,:, Property_Polygons 1925 Fisher Arch 10 Zoning Building I imm.Feet ( , PLAN_TRANS_SURFACES 037.575 150 225 300 375 450 FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS AGI-VB HOLDING,LLC,a Virginia limited liability company TO (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 31sst day of October,2022,by and between AGI-VB HOLDING, LLC,a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that 7.56 acre parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, as described in Exhibit "A" attached hereto and incorporated herein by reference,which is referred to herein as the"Property";and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property;and WHEREAS,the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated February 28, 2014 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20140918000886110 (hereinafter "2014 Proffers"),to reflect amendments applicable to the land use plan on the Property;and WHEREAS, it is the intent of the Grantor that the proffered covenant, restriction and condition contained herein shall modify that Proffer numbered "1" as contained in the 2014 Proffers; and GPIN: 2414-31-6336 Prepared by: R Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise;and WHEREAS,the Grantor has voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property,the following reasonable conditions related to the physical development,operation,and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW,THEREFORE,the Grantor,its successors,personal representatives,assigns,grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit, or subdivision approval, hereby makes the following amendment to the Covenants, Conditions and Restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor,its successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. Proffer numbered 1 in the 2014 Proffers is hereby deleted and replaced with the following"NEW PROFFER#1": 1. When the Property is developed,it shall be developed substantially as shown on the exhibit entitled, "REVISED CONCEPTUAL DEVELOPMENT PLAN OF ANDERSON'S HOME AND GARDEN CENTER",dated October 31,2022,prepared by Kellam Gerwitz,P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter referred to as the "Revised Conceptual Development Plan"). 2 2. Except as modified herein, the remaining unchanged proffered covenants, restrictions and conditions as set forth in the 2014 Proffers are hereby ratified and affirmed. The above conditions, having been proffered, ratified and affirmed by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however, may be repealed, amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach,Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing,that any noncompliance with such conditions be remedied;and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator 3 and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: AGI-VB HOLDING,LLC,a Virginia limited liability company By: ..-4, 1 ,LI (SEAL) Jason Blanchette,Sole Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of t ^^tiet;2022, by Jason Blanchette, Sole Member of AGI-VB Holding, LLC, a Virginia limited liability company, Grantor. /4—k c,, /- a),,,,,, , (2. ._ Notary Public My Commission Expires: 3 J (el a-o a b Notary Registration Number:Sofl9 a 4.0.11I,o„,o Aisto_IN `••� itct46TAiisk-10g Wra My Comm.expire. ,fie' T?/16) 20ab _% 80 721 .ii $ if \t/BIA el o�� AIT1r4 5 EXHIBIT "A" ALL THAT certain piece or parcel of land,lying and being in the City of Virginia Beach,Virginia,and designated as Parcel D-2A-1 on a plat of subdivision prepared by MSA,P.C.,titled"SUBDIVISION OF `Subdivision of PARCEL D-2A Sandbridge Marketplace'(Instr.No.20120615000663450)VIRGINIA BEACH,VIRGINIA",dated January 30,2015 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20150327000267830, reference to which plat is hereby made for a more particular description. GPIN: 2414-31-6336 H:\AM\-Mod of Proffers\Anderson's Home&Garden\1st Amendment to Proffers.docx 6 81 ITEM— VLL.5 PLANNING ITEMS ITEM#73793 The City Clerk called the following speaker: Elaine Swarts, (Applicant) 5433 Hunt Club Drive, Phone: 943-1594, spoke in SUPPORT Barbara Messner, P. O. Box 514—did not respond Dr. Willie Simmons-Canty, 5434 Hunt Club Drive, Phone: 343-5111, spoke in OPPOSITION Upon motion by Council Member Holcomb, seconded by Council Member Berlucchi, City Council DENIED application of LEGACY HAVEN ANIMAL RESCUE/ELAINE SWARTS for a Conditional Use Permit re residential kennel at 5433 Hunt Club Drive District 1 (Formerly District 2-Kempsville) 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 February 7, 2023 82 ITEM— VLL.6 PLANNING ITEMS ITEM#73794 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED, AS CONDITIONED,BY CONSENT,application ofLASHAWNA D.POWELL/SSTHOLDINGS,LLC for a Conditional Use Permit re assembly use at 701 South Military Highway, Suite F DISTRICT 1 (Formerly District 2-Kempsville) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LASHA WNA D. PO WELL/ SST HOLDINGS, LLC for a Conditional Use Permit re assembly use at 701 South Military Highway, Suite F (GPIN 1496974509) DISTRICT 1 (Formerly District 2-Kempsville) The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum occupancy load shall be determined by the City of Virginia Beach Fire Marshal. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. 4. All event activities shall occur within the building. 5. No amplification of music or use of speakers shall be permitted except within the enclosed building. 6. Hours of operation shall be limited to 4:00 p.m. to 10:00 p.m., Tuesday through Thursday and to 4:00 p.m. to 12:00 a.m. on Friday and Saturday. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of February Two Thousand Twenty Three. February 7, 2023 83 ITEM— VLL.6 PLANNING ITEMS ITEM#73794 (Continued) 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 February 7, 2023 i r' \ f, 46 , v m..". `_ 5 N O O (-NI_ i co ---- - - H--it-ie--7Th ItA4 illikil o I a— O LL ii CO Et cu as i , , Lr- -1 Ice— ani.�a aleS TI a c3 'fin i }+ i \ _ _ � cas N �• Vf 4444 N. ' 7:: Ljr.,,,--____— m r CO ri 7 /11: 1 _.:„,..____ zsF O (------7) I (/ •— (1) o U--\.,7- '-.-- re n (') a '''' r 00 LI ` - 00 r I\i 84 ITEM— VLL.7 PLANNING ITEMS ITEM#73 795 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council DEFERRED TO MARCH 7, 2023, BY CONSENT, application of VB BTS II, LLC/ VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA for a Conditional Use Permit re communication tower at 568 North Lynnhaven Road DISTRICT 8(Formerly District 5-Lynnhaven) 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 February 7, 2023 85 ITEM— VLL.8 PLANNING ITEMS ITEM#73796 The City Clerk called the following speaker: Barbara Messner, P. O. Box 514—spoke in OPPOSITION Tim Davis, 30 Elm Avenue, Newport News, Phone: 784-3168, spoke in SUPPORT Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED, AS REVISED, Ordinance to AMEND City Zoning Ordinance(CZO)Section 901 re allow for ice vending machines as accessory uses to shopping centers in B-2, B-3, and B-4 Zoning Districts 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 February 7, 2023 1 REQUESTED BY VICE MAYOR WILSON 2 3 PLANNING COMMISSION VERSION- 4 REVISED VERSION 5 6 AN ORDINANCE TO AMEND SECTION 901 7 OF THE CITY ZONING ORDINANCE 8 PERTAINING TO ICE VENDING MACHINES 9 10 Section Amended: § 901 of the City Zoning 11 Ordinance 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 That Section 901 of the City Zoning Ordinance is hereby amended and 20 reordained to read as follows: 21 22 Sec. 901. Use regulations. 23 24 . . . . 25 26 (b) Accessory uses and structures. Uses and structures which are customarily 27 accessory and clearly incidental and subordinate to the principal uses and 28 structures, including, but not limited to: 29 30 (1) An accessory activity operated for profit in a residential dwelling unit where 31 there is no change in the outside appearance of the building or premises or any 32 visible or audible evidence detectable from outside the building lot, either 33 permanently or intermittently, of the conduct of such business except for one 34 non-illuminated sign not more than one square foot in area mounted flat 35 against the residence; where no traffic is generated, including traffic by 36 commercial delivery vehicles, by such activity in greater volumes than would 37 normally be expected in the neighborhood, and any need for parking generated 38 by the conduct of such activity is met off the street and other than in a required 39 front yard; where the activity is conducted on the premises which is the bona 40 fide residence of the principal practitioner, and no person other than members 41 of the immediate family occupying such dwelling unit is employed in the 42 activity; where such activity is conducted only in the principal structure on the 43 lot; where there are no sales to the general public of products or merchandise 44 from the home; and where the activity is specifically designed or conducted to 45 permit no more than one patron, customer, or pupil to be present on the 46 premises at any one time. The following are specifically prohibited as 47 accessory activities: Convalescent or nursing homes, bars or nightclubs, tourist 48 homes, massage or tattoo parlors, radio or television repair shops, auto repair 49 shops, or similar establishments. 50 51 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive days 52 or more is an accessory use to the dwelling. 53 54 (3) Ice Vending Machine units in the B-2, B-3, and B-4 District at Shopping Center, 55 as defined by the Zoning Ordinance, but not to include those within any Historic 56 and Cultural District or the Historic Kempsville Area Overlay District, subject to 57 the following standards: 58 59 (a) Ice Vending Machine units shall only be permitted at Shopping Centers 60 which features no less than 60,000 square feet of existing retail or other 61 commercial establishments. 62 63 (b) Only one (1) Ice Vending Machine unit shall be permitted per Shopping 64 Center. 65 66 (c) Ice Vending Machine units shall not be more than 250 square feet in size, 67 nor more than 18 feet in height. 68 69 (d) Ice Vending Machine units shall not be within 100 feet from any property 70 zoned Residential or Apartment District or within 100 feet from any 71 property with a residential use. 72 73 (e) Ice Vending Machine units shall meet the setback requirements and yard 74 spacing for commercial uses and structures, as prescribed in Sec. 902 of 75 this ordinance. 76 77 Ice Vending Machine units shall require two dedicated off-street parking 78 spaces and one loading space. 79 80 (g) Ice Vending Machine units shall not be located on or in any parking 81 spaces required for the Shopping Center. 82 83 (h) Mechanical equipment outside of the Ice Vending Machine unit shall be 84 located on the roof of the unit and screened from typical street level view 85 using parapets or other opaque means. However, if it is determined that 86 such equipment cannot be located on the roof of the unit, mechanical 87 equipment may be located on the ground and adjacent to the unit, given 88 such equipment is screened by a solid fence or wall. 89 90 ,l Signage shall only be permitted on two sides of the unit, provided it does 91 not exceed one square foot for each linear foot of the wall on which it is 92 located. However, in no case shall the permitted signage exceed 20 93 square feet per side. 94 95 Ingress and egress to and from Ice Vending Machine units shall not 96 impede fire access or pedestrian and vehicular traffic flow. 97 98 (k) By receipt of permit, the owner shall authorize the City of Virginia Beach 99 the ability to require any Ice Vending Machine unit, upon its abandonment 100 or discontinuation after a period of thirty (30) consecutive days, to be 101 removed by the operator of the unit or the property owner of the Shopping 102 Center in which it is located. 103 104 • • • • 105 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of February , 2023 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 r ,4 t,) _ )'(\() sot•N_) Planning Department City Attorney's Office CA15902 R-1 January 13, 2023 M O N W E. W E. W ti w ti W O ao ° 1 ° 00 � oow7tC W LMI7wwo �0 , 0 7 Q 6' 'c7/4 7 � oo8 ,,,:,0 QN.4 1 •fi k.iL);4 1 5 •44..E ii,i 4 .8*.i' l t:i 1 1 1 1 i CCO Ntl c•)2 c), c).4 c21r:64 a .S.?, � W oho p � a, ,p w a. � o w LI � 4. , ° g ° A A igz E � cWloww � � W ANE, o Lte4 � IV �w VW ° v � OW `'' 0. A7A7 ° � O Y � y � q col c‘ld p L) ow N 0 0 0 a 87 ITEM— VI.O NEW BUSINESS ITEM#73798 Council Member Ross-Hammond took a moment to recognize several members of the Virginia Beach Alumni Chapter who were in attendance, thanking them for attending and their active role as a civic league. February 7, 2023 88 ADJOURNMENT ITEM#73799 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:57 P.M. e ius Chief Deputy City Clerk 4 A)A4 manda Barn& Robert M. Dyer City Clerk, MMC Mayor City of Virginia Beach Virginia February 7, 2023 89 OPEN DIALOGUE The following registered to speak: Barbara Messner, P. O. Box 514, expressed her frustration with City Council Dennis Jamison, 4005 South Plaza Trail, Phone: 790-7972, did not respond Mark Tinsley, 205 34`h Street#1017, Phone: 204-888-8990, did not respond Linda Frantz, 3335 Eagle Nest Pointe, Phone: 513-7888, spoke concerning a home being developed by Best Senior Home LLC Steven Jones, 3213 Nansemond Loop, Phone: 805-0615, expressed his concerns over the cleanliness on City streets and intersections Christopher Lawall, 400 Gotham, Phone: 289-4101, did not respond Nir Horen, 3353 Eagle Nest Pointe, Phone: 760-699-1999, spoke concerning a home being developed by Best Senior Home LLC Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in OPPOSITION to changing the election system Geraldine Eddy, Phone: 309-2718, spoke on behalf of the Virginia Beach Alumni Chapter, "Beach Deltas"and offered their services to the City Karen Nuszkiewitz, 1000 Fire Side Lane, Phone: 424-5657, spoke concerning the establishment and appointment of members to the Urban Agriculture Advisory Committee ADJOURNED AT 7:22 P.M. February 7, 2023