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HomeMy WebLinkAboutJULY 18, 2023 FORMAL SESSION MINUTES Iz'clr,5,,"-:::7:i'i''',,,,,,-,-;1-11% j1 *� -. pay r C9 S`b V \o. N_Na.,;„:52.elv °F ous NArO VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 18, 2023 Vice Mayor Rosemary Wilson called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, July 18, 2023, at 12:00 P.M Council Members Present: Michael F. Berlucchi, 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: Mayor Robert M. Dyer—Out of the country 2 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 12:06 P.M. Vice Mayor Wilson welcomed John Martin, President and CEO—RVA757 Connects. Mr. Martin expressed his appreciation to City Council for their continued support: • RVA757 • �� • •. . . . • •• • _ Global Internet Hub Strategic Plan Update , ' -11 July 18, 2023 1-64 CORRIDOR RVA757 1 Cities around the world have learned that intentional collaboration, not competition, with nearby metro areas drives scale and the economic success of both localities. RVA757 2 July 18, 2023 3 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#7446I (Continued) The Original Three Megaregions Boston's North Carolina's California's Rt.128 Corridor Research Triangle Silicon Valley RVA757 3 The Richmond-Hampton Roads area meets the requirements to become the 12th Megaregion: One can view the Richmond-Hampton Roads relationship from several perspectives: Regional Collaborators Two neighboring regions that are collaborating to help each other thrive and grow in a global economy. RVA757 The 12th Megaregion a'onnect` While relatively smaller than most megaregions.this area meets the common criteria for being a megareglon:a contiguous area with more than one major city center; • a large.combined population;and significant output 1764 measured by GDP. INNOVATI tN CORRIDOR An Innovation Corridor The 1.64 Innovation Corridor that runs from Richmond to Hampton Roads along i-64. Given the rise of innovation corridors in the markets surrounding Richmond and Hampton Roads.RVA757 Connects is most often using the 1-64 Innovation Corridor designation. RVA757 4 July 18, 2023 4 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) www.RVA757Connects.com ..f connects Igniting a new corri' of innovation V - 4 CORRIDOR Loom M.,re about our Ica dmq inino.v. atoea emet MN.* i le/wet Tro4 Imapee RVA757 5 Here are RVA757 Connects'Priorities: RVA757 Connects' Priorities 1. Advocate for 1-64 widening (29-mile gap from RIC to Williamsburg) 2. Help the 1-64 Innovation Corridor become a Global Internet Hub 3. Support bike-walk trails in the megaregion(the Fall Line and the BoAT Trails) 4. Increase passenger rail service 5. Support directors'and members'initiatives(VNG, Dominion,Jeff Lab) 6. Advance our megaregion's brand—1-64 Innovation Corridor 757 6 July 18, 2023 5 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) GIH Strategic Plan • 341.757 Table of Conti, • A Strategic Framework to Create the World's • — Next Global Internet Hub - --» -- 1-64 - - CORRIDOR RVA757 _hIV HAT July 18, 2023 6 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) The next several slides provide details on the components of a Digital Infrastructure Hub: Visualizing Components of a Robust Digital Infrastructure Hub Let's Look At A 'Hypothetical Major City or Large Region _ 1 COMMA Components of a Digital Infrastructure Hub -` Data runs on robust, )011 diverse,and redundant; �! networks that provide ' the connectivity that le defines the worldwide >; Internet. Dark and lit cable '''i _...,,,,c)4,11_4 owners,ISP—Internet /.; Service Providers and f satellite services form- Robust — "" • - the network Local Network F2 lA';_.. 10 N' ooroow July 18, 2023 7 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) Components of a Digital Infrastructure Hub • • The RVA- Hampton Roads Multiple • Megaregion , currently has 11 Data ,, data centers. Centers i , 411)y. . ,.. -4tidJ . tJ . SICII . .�i At its simplest,a data center is a physical facility that organizations one to house their critical applications and data.A data canters design is based on a network of computing and storage resources that enable the delivery of shared applications and data.The key components of a date center design include routers,switches,firewalls, storage systems,servers,end application-delivery controllers.SOURCE:CISCO __._...__-_.._-____ --__. 11 -_.—__— ___._-_ Components of a Digital Infrastructure Hub . •� SERVING THE Fiber UNDERSERVED Network Ring A fiber network ring makes Main network trunk that ` it easier and less is a regions _ -\ pensive to run governments.universities.large broadband the lest mile to business parks,etc. reach and serve local ti• underserved A growing number of cities end neighborhoods. regions are standing up broadband authorities to Install and manage Fiber LOCAL PRICING their network rings. Network This attracts more ISPe, The 757 has established the - stabilizing local service Southaide Network Authority ° Ring - pricing. Five cities have Invested E30M to build a 100.mile fiber optic network ring to connect the assets of die 757 region. RW79 12 WI TOM COMMA July 18, 2023 8 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) Components of a Digital Infrastructure Hub Data centers are one of Supporting data centers Is a the most energy intensive Reliable priority for Dominion Energy. structures.For every one I Power TThisfiseegmentti accounts for 21% input of data.five other ® electricity sold by the inputs are produced, ` utility.Dominion Energy has relaying the information to connected 69 data centers with other data centers.This �' 2,637 MW of capacity since requires substantial I 2019(which is equivalent to electricity to keep the • 659,000 residential homes). systems running. _ .. , Dominion has enough `�-0. i generation to meet Northern Leaders h the data Li--—� •- Virginia's expanding data center industry are 4-..,,e. r.„. r, / center demand.But new data moving towards carbon- J • , centers require new free energy.Meta ' •transmission (Facebook parent y -� infrastructure.This requires company),Microsoft, • local permitting which takes • Google.and Amazon plan J lime with many variables out of to power 100%of their 1 / Dominion's control. future data center 11 i operations with some i - form of carbon-free I �. I Components of a Digital Infrastructure Hub - IXPs A IXPs connect a growing number of local i' j` "eyeballs"that attract content providers (Internet Exchange Points)IXPs area (" , (Facebook,Microsoft,Google,and Netflix) "fabric"of Ethemet switches within - and incentivize them to store their content one or more big date centers.They on local servers.This means local users provide a platform _,f j have faster connections to their accounts. for interconnections between networks. Example:Richmond has 3 lXPs.Netflix stores its most popular movies on a A few IX are free or no cost.Most IXPs Richmond IXP server using the DE-CIX like DE-CIX charge a port cost.Then exchange(IXP)as there are so many all the members exchange traffic at no i.sie� "local eyeballs'who use this service. cost.But you do have to pay a fee to get access. i'IXPs When you watch a Netflix movie in ^ Richmond,you have almost instantaneous This is the lowest cost unit of traffic - access to the streaming data.Without this moved between networks. ! IXP,the data would come horn a Netfix server in Ashburn or Atlanta. RV4757 14 ._ July 18, 2023 9 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) Components of a Global Digital Infrastructure Hub :A Subsea Cables • 99.7%of allintenabonal Internet traffic'u carried on subsea cables.Many of the newest,fastest subsea cables are owned by fyperacalers-the largest content providers: Googla,Mason,and Facabook. three subsea cables come Into Virginia Beachtoday.connectingthe 1.641nnovabon Corridor to Europe and South Marina. It is estimated that 104 new cables will be added to the East Coast over the next 10 years. • - T Subsea Cables .41757 15 -e. eororo0n Components of a Global Digital Infrastructure Hub • Multiple Data Centers Reliable •- .\\\ Power L I • Fiber • IXPs(Internet Exchange Points) Network Ring ! • Subsea Robust Terrestrial Network, • Cables Satellite Service,and ISPs' , 8 1+1 e moa July 18, 2023 10 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) Visualizing the International Internet Interdependent Hubs and Spokes Olean teens•rrp mn a.,"..,.. 4 _ c m,point --tit._ �.. ____ 1-- \ r— r 57 17 - IMMp..-1 2022 Recognized Leading Global Internet Hubs Based on Metropolitan Markets for International Internet Bandwidth frIMI7TeleGeOgraplry International Research Font that tracks the development of global interconnection hubs ill'It›,10Th"aft. 41 *IP . id*:St 4001*. . _ •Rank4u�l ° a r,t �,, .A it"/ •�'�,ami . • •ryongKong Y 1 a s •Si e r 0441 i . r�V "An�.a � _ P ' C r.. 18 _.- ooanOoa July 18, 2023 11 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) WHY g. Here are Benefits of BeingA Hub: Benefits of Being A Hub • Attracts IT/Tech workers and industries and companies that need this type of talent. • Provides the most advanced digital platform to support operations. • Equity—helps serve all underserved neighborhoods. • Faster,more reliable,and potentially lower cost residential and business service. • For those businesses that need it,faster service to Europe,South America,and South Africa. • Supports"Smart City"development. • Supports connected vehicles and autonomous vehicles. • Produces additional municipal revenue. • Supports dramatic rise in I of T devices in our lives;Supports the growth and use of AI. • Future proofs a community RVA757 July 18, 2023 12 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) We RLD 70 °1O ECG NOMIC F ORUM of new value created in the -- economy over the .___ _ .. next decade will Shaping the Future of Digital be based on Economy and New Value Creation digitally enabled .._,_ . . platform business • models t`� , ..__. --- RV4757 Future-proofing a Community • Every"next generation"of technology adds new functionality,capacity, and performance,often by an order of magnitude. In this industry, a generation is one to three years. • The leading-edge hub regions and users will have digital resources, tools, and capabilities that are not widely accessible to others—real- time massive data acquisition/analytics, use of augmented intelligence, and creation of new, highly beneficial knowledge. • All of this will drive the winning cities of tomorrow— future economic growth and prosperity. RVA757 July 18, 2023 13 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) Here is the New 21'Economic Development Model: 21st Century Econ. Dev. 1.Data center 7,Ggpgt8t $grIate# .. market grows 2.Attr4lcts initial wave tt> 3D iit:digW of tech Workers siifiistrticture::: New 6.Drives economic 21st Economic 4.Attracts businesses development-related looking for competitive recruitment strate Development advantage-Internet ies 9 (highly Spec4RYeC.menuladudng, Model speed than anslQ;04:hill cloud ..... computing,det0:4oe41 ;:pletra .. .. .... .......... i. and ca616120 a82R4,BV,tl#pad'.', .:*.:5 Attracts businesses iA tech looking for teeth talent ....:tectt taon :;:adjacent talent RVA757 ippO0N Tck 10y<,An,wl SWigolAw Tda repo Z�: v Iv �r'-� <'ll NSA) JOM A22 TrF JobGroMn fact ..n.. ,4. �s.ns. USA-Total 52350.692 6.4% $111,600 31% 47A% MMus Dlgl,al Infreetructure M3AV. Seattle 1J8.170 9.7% $140000 61% 85.1% Denver 95.563 8.1% 8113.800 30% 83.0% Dallas 187 019 80% 6110,100 28% 64.9% Atlanta 129.822 69% $113.000 31% 50.7% Jackeonvi0e 24.111 8.7% 596.600 26% 58.5% PptlerM 60.125 60% 8118.020 36% 574% 7.6%Avg. 8116,233 Avg. 33.5%Avg. 64.6%Avg. We are RVAA 757'a pram CompM6onl- N»M1vrile 35.538 8.2% 593.600 30% 74.0% Ralbehind! 3091.0 4254,435 8.1% $1$114,600 3426% 72.3% Ckanotro Sd<35 8.1% 3113.100 35% 68.6% Miami 91.491 7.9% i100.400 35% 62.1% Orlan1n 43 097 79% 8100,800 27% 57A% Tampa 52,474 75% $99.930 31% 608% Myrtle Beach 2873 74% 594.000 28% 63.3% Atlanta 139.822 69% $115,000 31% 80.7% lacksonvale 24,111 8.7% $90600 28% 68.8% Charles. 11,118 135% 566,200 40% 74.1% Nov Jersey 180936 6.1% $119.700 26% 36.5% 7.3%.Avg. 6103.473 Avg. 30.0%Avg. 560%Avg. I!4 mno.Mlon comaor Richmond 24.900 4.6% $107,900 26% 39.9% Wow.ge MMgdk 25879 4.1% $103.900 23% 26.7% 4.4%Avg. $105,900 Avg. 24.5%Avg. 33.0%Avg. RVA757 July 18, 2023 14 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) H ow The world has looked at us as separate markets.We don't show up.Together we're an emerging global hub. 757 RVA = GIH Hampton Roads Richmond Global Internet Hub Subsea cables QTS Data Center Regional fiber Meta Data Center network ring coming Robust Terrestrial networks IX and 3 IXPs(DE-CIX) RVP 57 26 July 18, 2023 15 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) Our Strategic Planning Process e annmg _ ... ::....:.:.:.:::...::.:..::.:..::..:.:.:.:.. • c<>$r5rn(or9 Group RVA757 27 Here are a few of the stakeholders who contributed funding to help form the Steering Committee: Steering Committee • Educational institutions,including the major universities and colleges in the 1-64 $160K Cash Funding in Place Innovation Corridor. • Leading Chambers: • Dominion Energy:$10,000 o ChamberRVA o Hampton Roads Chamber • City of Virginia Beach:$10,000 • Companies representing multiple digital infrastructure users • Henrico County:$10,000 • Data • Hampton Roads Alliance:$10,000 o Defense o Telecom • Old Dominion University:$10,000 o Energy I Utilities o Technology • Dragonfli Group(Williamsburg):$10,000 o Finance • GO Virginia Grant:$100,000 o Health o Transportation/Supply Chain o Higher Education $100K In-Kind Contribution o Agriculture • Military representatives • Workforce development organizations RVA757 28 July 18, 2023 16 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) Here are the Steering Committee Leaders: Steering Committee Who's Involved? mani Our.. 60-plus � �. Leaders Pk*°tid.�*lama .-ado. • • RVA757 29 Jon Hjembo Vinay Nagpal Dr. Terry Clower 41W1 TeleGeography Inter G Iobix �"ON YMV!•STY 15 Case Studies on GIHs—How did each region What is the non-data center rise to global leadership status?Lessons for the I- job growth that comes with 64 Innovation Corridor the growth of digital infrastructure? RVA 30 July 18, 2023 17 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) Here is the Strategic Planning Process: Our Strategic Planning Process Highlights from IEIC November Insights from 2022 Insights from • RVA757 Conference TeleGeography Connects' ouenmetroe Assessment of Global :;;:•»:;•.ResearchInterconnection POn s 'i:GiCilF�' `: 'ii�:r;iiiCi? CCi ac%.••... ... ;.:.;;;;<; •::,::. .: ::.. '::o-.;.o-.;:a.:.:.o-.;:o-::.;:.;::,� ;i;:`::i:::::�:5::::... PTO t.. Final �:.:�} t:`OAAt7d� �• :;�::::::;<:�cr;;<;.;�:;a:::.::..::::..�:.:.:..: � � Plan �[8nt8rld :.•,•'. Insights from AitatcEvrt " ssuee Input and InterGlobix Identified Suggestions aoelestive Interviews weh -.fromCore from Steering Input from Leaders of Interconnection Group Committee Soon to be Points Members released Studies (VEDP and Insights from Alliance) George Mason ROI with New Jobs RVA757 31 J. Here is the Situation Overview: Situation Overview 1. By all accounts the worldwide volume of data is exploding exponentially. 2. The Richmond and Hampton Roads regions are already far behind in growing their IT/tech talent workforce,workforce productivity,and GDP. 3. When viewed together,the Richmond and Hampton Roads regions can,realistically,grow into a Global Internet Hub to help attract tech talent and drive economic growth. 4. There are tremendous benefits to becoming a Global Internet Hub. 5. Intentionality is the leading key to success—10 case studies confirm this. 6. Building digital infrastructure"neutrality"and orchestrating a comprehensive game plan are also two proven pathways to transformation. 7. Time is of the essence.Digital infrastructure investors are diversifying.10 new cables coming to the east coast.Myrtle Beach and a soon to be announced NC site. RVA757 July 18, 2023 18 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) Here is a list of the 10 Core Strategies with the following slides providing details for each: 10 Core Strategies 1. Establish a Global Internet Hub Industry Council. 6. Support the growth of data centers. 2. Through outreach and education,increase the 7. Encourage the growth of!Xs and IXPs—Internet awareness,familiarity,and support among local Exchanges and Internet Exchange Points. stakeholders in the 1-64 innovation corridor for digital nfrastructure development. 8. Explore the potential of an 1-64 Innovation Corridor network ring from Hampton Roads to Richmond. 3. Increase international awareness of and familiarity with g Promote Dominion Energy's ability to provide reliable the 1-64 Innovation Corridor among the global digital infrastructure community,in general,and digital and inexpensive power and facilitate greater local infrastructure investors,in particular. understanding of optimal data center site considerations. 4. Support the growth of robust local intemet networks 10.Provide a growing tech-savvy workforce. and routes concerning other hub markets. 5. Attract additional international subsea cables. RV S7 Steering Committee RVA757 July 18, 2023 19 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) Time Kills Deals #2. AWS data center plans in Maryland fall through due to timeline Get 1-64 disagreements a ,r roe. owl x,a�.ro , .mco k:cern Corridor's Cities - �--�•--- oninao and Counties • - -- -- -- _ Global Internet _~_ Hub-Ready Now to be very.,,°teoK- nrou wore wan I.ere,t.G officials with.the •••••••• comet orty Woke for to rape whey E^yl,nlikposrrunure wnurC br kppopiarc RVA757 35 Increase C H I RI SA Awareness of 1-64 Corridor Among Va1ue Creation fOr 1he long term • Digital W_ =`._ Infrastructure ( �, • • . r - Investors RVA757 July 18, 2023 20 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) #4. r Support the Growth of Robust • ) Robust �' Local Local Internet Network Networks #5. f , Pitch Subsea Cable r Investors on Virginia landingsif RVA757 July 18, 2023 21 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) • 7ver. 'iy�yr rF. n.■i a , �F IJ."r` f. - x. Maraa [Junnant KM RAN Eir3 4. urrently Vtrginta Beach ,,,, r t rtn a sully parmmea fora more yt !� / yif t y0 � l jr x�, M _rbsea Marina and Terrestrial Conduit e four new Subfuse Cables i n to comments this January P, .,CC�w....e...._. RVA757 Certified Sites �. Prepare Data Center ,..., ��. - `" '� �xwx .0•11111.1. ....yew..,,,�, 0,, �..� N. .m Sites -�._r,�� .._.Nt.ew., bet �.. July 18, 2023 22 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) �j DE-CIX—Part of the Largest Network #7. Encourage the Growth of IXs es� and IXPs t, 40 -- 500+ 105+ RVA 5? RVA Major U.S. Network Access Point - IXPs 1. 2. 3. UTS RICHMOND PIXEL ^ WIMP4, FACTORY �J edge ! L?E'k. 1450 E.Parham Rd. 1 4M sq.ft.World's 4th largest Atlee Commons Drive Northern Henrico Eastern Henrico County Hanover County • _ 1041016 RVA757 42 July 18, 2023 23 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) Hampton Roads Network Ring #8. e . Support the Fiber Network Building a path toward: Lower Cost. • Faster Service. Ring Concept Enhanced Coverage. eat W ��wwa • Public-private partnership Phase 1 • Five Southside cities— Norfolk,Virginia Beach, ems Freor,Yaw ,M11. Chesapeake, Portsmouth, pa. e � � and Suffolk-$5M each. � • GTS will lease 96 strands of the ring when its construction is finished, Phase 2 as well as provide �-� maintenance and hspuismrk a- -««.--Coo,e marketing services. • $24.5 million contract. RVP 57 July 18, 2023 24 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) MD QLoop Network A massive 40±mile hyperscale fiber ring ° Yp connecting Quantum Loophole's 2,100+ acre Frederick data center - development in Maryland,tied directly to Northern Virginia's Data Center Alley. <Y�ra°n,MO RVA to 757? South tm•r l•nbm9. . Ashburn - ."11.\\� RVA757 4• ' IM�r r'a:F i- di3sr— ill.1111111 Lrukirt El&-(f°14PttP- , ao=+.annr` i i RV6...a?...a?S7 July 18, 2023 25 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) Explore TT 10. Master's Degree Create Advance Internships Tech Talent Tie Into Bachelor's Degrees Pipeline Tie Into Community Colleges Strengthening K-12 Tech Talent—Tie Into CodeVA ti"'" 47 kHfOk6ix ••• •M.• o •m• • .. MOM 0•110.01 umu!tom .w•A MOM.we.®r In•a I et The M.S. in Datacenter Systems Engineering at Introducing The World's First Master Southern Methodist Of Science In Datacenter Systems University's Lyle School Engineering of Engineering located in a"""'"'""'""""^"^" Dallas,TX is the first program designed to `AI„ ,. . e • create leaders in the 0000 critical field of digital A/'= infrastructure. - -- VA77 48 July 18, 2023 26 CITY COUNCIL'S BRIEFINGS GLOBAL INTERNET HUB ITEM#74461 (Continued) t i • E s} 1 I ji 1-64 ! N VAT •! • Becomindt eW rid's N .; •R-IDO' GI • baI In Bernet ub ONWARD ! Vice Mayor Wilson expressed her appreciation to Mr.Martin for the presentation. July 18, 2023 27 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM UPDATE ITEM#74462 12:40 P.M. Vice Mayor Wilson welcomed Christopher Boynton, Deputy City Attorney. Mr. Boynton expressed his appreciation to City Council for their continued support: Election System Update CITY COUNCIL PUBLIC BRIEFING July 18,2023 City �, Attorney Here is an overview of the Pre-2022 Election System: Pre-2022 Election System • System governed by City Charter§3.01(enacted by General Assembly) • 11 members • 4 members(incl.mayor)elected at large(may reside anywhere in city) • 7 members elected from residence districts at large • Residence districts of approximately equal population • Existed in such form since 1996(substantially same since 1967) • Two referenda in 1990s with different outcomes • District boundaries adjusted after each decennial census • School Board elected using same method(City Charter§16.04) • Chair elected by members of School Board,not public • Chair does not have to be an at-large member July 18, 2023 28 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM UPDATE ITEM#74462 (Continued) Here is the Timeline of Events Affecting the City's Election System: Timeline of Events Affecting City's Election System • Holloway et al.v. City of Virginia Beach et al. • Originally filed in United States District Court in 2017 • Trial October 6-14,2020 • Trial court's liability&injunction order March 31,2021 • Trial court's remedial order drawing 10-1 districts December 22,2021 • U.S.Court of Appeals vacated trial court's orders July 27,2022 • 2021 General Assembly Changes to Virginia Law • HB2198 • Virginia Voting Rights Act Holloway v. City of Virginia Beach • Plaintiff Latasha Holloway sued alleging single minority VRA§2 claim • Response:Not possible to draw compact single minority majority district • Georgia Allen added as Plaintiff • Campaign Legal Center,D.C.public interest law firm,entered case • New theory—City's at large election system violates VRA§2 as to combined HBA(Hispanic,Black,Asian)combined minority group("coalition"claim) • City disputed factual and legal assertions at trial • Bench trial October 6-14, 2020—no ruling issued until March 2021 • After enactment of HB 2198 July 18, 2023 29 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM UPDATE ITEM#74462 (Continued) Virginia House Bill 2198 2021 General Assembly Bill Proposed by Del. Kelly Convirs-Fowler Adopted by 2021 Virginia General Assembly Signed by Governor Northam • Notwithstanding any other provision of law,general or special, in a locality that imposes district-based or ward-based residency requirements for members of the governing body,the member elected from each district or ward shall be elected by the qualified voters of that district or ward and not by the locality at large Virginia Voting Rights Act Adopted by 2021 Virginia General Assembly/signed by Governor Northam Established Virginia Attorney General pre-clearance process Provides for heightened scrutiny of at large election systems • An at-large method of election, including one that combines at-large elections with district-or ward-based elections,shall not be imposed or applied by the governing body of any locality in a manner that impairs the ability of members of a protected class,as defined in §24.2-125, to elect candidates of its choice or its ability to influence the outcome of an election,as a result of the dilution or the abridgement of the rights of voters who are members of a protected class. July 18, 2023 30 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM UPDATE ITEM#74462 (Continued) Combined Effect of 2021 General Assembly Actions Even without Holloway case... • Pre-2022 system changed because of state law(HB 2198) • 7 residence districts became single member ward districts • Citizens no longer elect all 11 City Council representatives at large • Vote only on single representative for their ward,3 at large seats,and Mayor • 3 remaining at large districts subject to private citizen challenge (VVRA) • Creates favorable standard of review for plaintiffs • Allows recovery of attorneys'fees • Even if system/districts pre-cleared by Virginia Attorney General Here is the Holloway Case Timeline: Holloway Case Timeline March 31,2021—U.S.District Court Liability Opinion&Order • Found pre-2022 election system violated VRA Section 2(NBA coalition theory) • Enjoined further elections under pre-2022 system December 22,2021—U.S.District Court Remedial Order • Imposed 10-1 ward district system using maps drawn by Special Master • Three of 10 districts Minority Opportunity Districts(MODs)(Districts 4,7&10) • Incorporated 2020 Census data • City began implementing 10-1 ward system in January 2022 after pre-clearance from VA OAG July 27,2022—U.S.Court of Appeals Court Vacated Liability and Remedial Orders • Ruled case was mooted by HB 2198—Challenged system no longer existed • Remanded case to trial court for further proceedings .1111111111.11111111111 July 18, 2023 31 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM UPDATE ITEM#74462 (Continued) The November 2022 Election was held using the 10-1 system: 2022 Election November 2022 Election held using Court's 10-1 system • Appeals court ruling came too late to change system • Candidates had already qualified for ballot (See Purcell doctrine) Here is the status of the 2024 Election System: 2024 Election System • City Council/School Board Elections—System Unresolved • City not currently under court order regarding election system • But Holloway case remanded to trial court and Plaintiffs may assert amended claims • City Charter(as modified by HB2198(2021)) • 7 single member ward districts,3 at large districts • 3 at large districts subject to private citizen challenge under VVRA • 7 district boundaries would need to adjusted using 2020 Census data • Holloway Plaintiffs would likely challenge/significant risk Court would invalidate July 18, 2023 32 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM UPDATE ITEM#74462 (Continued) Here are the 2024 Election System Requirements: 2024 Election System Requirements • Must comply with federal Voting Rights Act • Must afford equal opportunity • Holloway district court adopted 10-1 system with 3 Minority Opportunity Districts • Holloway Plaintiffs may pursue amended claims in pending case • Must comply with Virginia Voting Rights Act • Requires pre-clearance by Virginia Attorney General or robust notice and comment process • At large districts subject to private citizen challenge even if pre-cleared by Virginia Attorney General • Must comply with HB 2198(2021) • Residence districts created under city charter no longer allowed,became single member ward districts • Must adopt"decennial redistricting measure"(system and maps)for any district system • Must seek General Assembly approval of any system other than current charter system • Could be charter change(2/3 super majority)or general state law change(simple majority) Barriers to System Other Than 10-1 • Federal Court Challenge • Holloway case remanded to U.S.District Court(Hon.Raymond A.Jackson)for further claims by Plaintiffs • Plaintiffs will challenge any system other than 10-1 ward system with 3 MODs • Plaintiffs will challenge any referendum Council pursues • Any activity toward adopting system would potentially"un-moot"case • Same Voting Rights Act case law applies as of now • Alabama SCOTUS opinion did not materially change VRA§2 legal landscape • Plaintiffs would likely renew claims for accrued attorneys'fees and litigation costs • Recent conference call with Court made clear Court intends to enjoin any system other than 10-1 with 3 MODs • Virginia Voting Rights Act • Requires pre-clearance of Virginia Attorney General or robust public notice and comment process • Creates private right of action to challenge at large election systems and recover attorneys'fees • Defenses available to City under VVRA far more limited than under federal law July 18, 2023 33 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM UPDATE ITEM#74462 (Continued) Recent Holloway Status Conference Court's statements • Expressed frustration with pace of City's consideration of election system issue • Stated belief that only 10-1 system with 3 MODs was sufficient to overcome VRA issues • Stated that if City adopted/pursued any other system,City would not have an election in 2024 • Made clear Court is watching City Council's deliberations/actions Plaintiffs'statements • No system other than 10-1 with 3 MODs would be acceptable • Plaintiffs do not view 7-3-1 Ward/Super Ward system as viable option because it was rejected by Special Master in 2021 • Plaintiffs reject referendum because racially polarized electorate cannot fairly choose system • Will file amended claims if City pursues referendum or any system other than 10-1 with 3 MODS Here is The Path Forward: The Path Forward • Between Federal Court posture and Virginia state law,City Council has been given no path forward other than 10-1 system with 3 MODs • Even referendum will draw immediate renewed federal court litigation and attorneys'fees claims • Public appears to support 10-1 system used in 2022 • Cooper Center's statistically validated survey showed 81%support for 10-1 system with a 4.3%MOE • If City Council wishes to adopt 10-1 system • Approve decennial redistricting ordinance adopting 10-1 system and maps used in 2022 • Must be approved either(1)more than 60 days prior to November 7,2023 election,or(2)after election • Seek AG preclearance • Seek either charter change(2/3 super majority)or general law change(simple majority)in 2024 General Assembly • Charter change request may come after either a public hearing or a referendum • Given Plaintiffs'and Court's views re:referendum,public hearing recommended • Suggested timeline • Public Hearing on Redistricting Ordinance August 9,2023,Vote August 15,2023 • Public Hearing on Charter Change Request October 17,2023,Vote November 14,2023(same night as Legislative Agenda) July 18, 2023 34 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM UPDATE ITEM#74462 (Continued) Questions/Discussion/Direction Vice Mayor Wilson expressed her appreciation to Mr.Boynton for the presentation. July 18, 2023 35 CITY COUNCIL'S BRIEFINGS AUDITS OF VIRGINIA BEACH CONVENTION CENTER&SANDLER CENTER ITEM#74463 1:26 P.M. Vice Mayor Wilson welcomed Lyndon Remias, City Auditor. Mr. Remias expressed his appreciation to City Council for their continued support and distributed copies of the presentation, attached hereto and made a part of the record. Vice Mayor Wilson expressed her appreciation to Mr. Remias for the presentation. July 18, 2023 ,yI h Auditof the Virginia CITY OF VIRGINIA BEACH City Beach Auditor Center Presentation to City Council July 18, 2023 Purpose The purpose of this audit was to determine whether the Virginia Beach Convention Center is operating effectively and in accordance with city and departmental policies. This audit was included in our FY23 Audit Plan. na Background This audit focused on the Convention Promotion and Facility Management area, primarily on the Virginia g k _ 4:\��i 1 Beach Convention Center (VBCC) itself. The Convention Promotion and Facility Management t -- `' _ ,- program area provides the management, operations, i i and marketing for the city's convention center as a _ -=, - -. destination for conventions, trade shows, and .' meetings. Staff members promote the city and , ,. __ _.. ,, _ .. iS convention center on a nationwide basis with the ,f r. objective of increasing the number of quality events. __-- Conventions A gathering of delegates,representatives,or members of a membership If:y pe s o organization or industry convened for a common purpose,typically over three 1 or more days.Conventions are typically recurring events with established timing.Normally,most participants travel to the event and require local lodging arrangements during the event.The event may include an exhibition of Events vendors selling professional goods and services. Corporate Meetings or Conventions A meeting or convention hosted by a corporation. Trade Shows An exhibition of products and/or services held for members of a common or related industry. Not open to the general public. Over 1,300 events Consumer Shows Exhibitions that are open to the public usually requiring an entrance fee. have been held at Food&Beverage Events Asocial event primarily involving food and beverage service. VBCC with meetings Meetings&Seminars A short-term event(typically one to two days)where the primary activity of the participants is to attend educational and/or business sessions,participate in and seminars discussions and/or social functions,or attend other organized events.There is no significant exhibit component,and there are usually no requirements for comprising over 40% participants to arrange for local lodging. Sports&Tournaments An event in which the primary focus is individuals or teams participating in a of the tota I since sport or game.These events may or may not include a competition element. Examples include gaming events,tournaments,training events or camps,dance FY19. competitions,e-sports,etc. Other All other events not included above such as concerts,fashion shows,musicals, plays,etc. Internal Placeholder used by VBCC to track things such as CVB staff meetings,VBCC training,and site visits with prospective clients. Number of Events by Type by Fiscal Year 1CC 342 350 300 269 250 250 233 232 200 Number 150 103 50 . aL Illm 4Bilk. a. _ ,... k .., ih,... of Events ...Consumer Show 10229 20224 0 20217 20222a 2?23 ail Convention 17 8 11 16 a Corporate Meeting/Convention S 1 2 1 Mood and Beverage Event 59 40 4 35 31 NMI Internal 62 46 29 30 23 sin Meetings and Seminars 91 86 211 74 84 IMOCRher Si 30 14 33 31 NM Sports and Tournaments 24 11 3 16 17 Trade Show 5 4 1 8 7 -+*.-Number of Events 342 250 269 233 232 5 . VBCC utilizes an Event Business Management System (EBMS), an end-to-end venue and event management platform, to facilitate the Event execution of events. EBMS is used to assist with every aspect of the Bu s i n ess event lifecycle and addresses key functions such as tracking sales leads, scheduling room Management space, scripting events, communicating changes amongst business areas, and client System billing and account management. As payments related to an event are received, financial information is posted to Oracle Financials Cloud (OFC), the City's general ledger. Revenue vs Expenditures by Fiscal Year Revenues a n d Expenditures $2,000,000 The majority of VBCC's expenditures are related to so ""` salaries and benefits, while ffi2o FY21 �Y)2 fY23 most of the revenues are 52,000,000 generated by the rental of � 000 _ the facility and revenue- generating contracts with •s6,000,000 third-party vendors. —ArL:a!R'vc' Ac!u:11rxnrodihir0.. /ItV,i^ iVa•L,r Expenditures have routinely exceeded revenues by more FY21 was an exceptionally challenging year due to the COVID-19 global than $2M per fiscal year. pandemic. During this time, over two thirds of the total attendance for the venue was made up of those seeking to be vaccinated. VBCC recently began using a database management economic impact model offered by Destinations International (DI) to generate estimated economic impact data for certain event types. The model incorporates data received from Economic Tourism Economics, a leading independent global advisory firm who combines an understanding of mpact the travel sector with proven economic and Ianalytical tools. Model Tourism Economics, in turn, collects its data from purchased consumer survey research on travelers, which includes generalized data on spending behaviors, travel party size, and other information broken out by event type. They supplement this information with historical event-specific data obtained from internet searches and studies conducted by its task force ummimembers. The DI economic impact model is used to measure the economic impact that extends beyond the event itself. The model inherently includes many estimates which are used to project spending by both the event attendees and organizers. Sales are tracked by industry and include categories such as Finding 1. lodging, transportation, and retail. Fine Tune Use VBCC replaces the estimated data for count of attendees, the number of overnight visitors, and the rate of hotel rooms with actual data after the event. Of Economic To conservatively state the economic impact of events, only Impact outputs related to direct business sales and direct local taxes should be considered. Model We noted that the model does not capture admissions taxes which applies to certain events. When used appropriately, the economic impact model can provide meaningful financial performance information to stakeholders. Recommendations Management should: • Augment the information generated by the current economic impact model by including the impact of admissions taxes and, depending on the audience, appropriate explanatory language. • Create a best practices document to be used by all business units within CVB who utilize the economic impact model to ensure consistency throughout the department. VBCC developed internal goals during the COVID-19 Finding 2. global pandemic which centered around management criteria recognized by the International Association of Goals to Venue Managers (IAVM). IAVM is a professional Improve association for public assembly venue professionals. The VBCC's goals align with the following categories: Efficiency and • Operational Excellence Effectiveness • Customer Satisfaction • Sales and Marketing Not • Sustainability and Financial Integrity • Innovations Implemented • Team Building/Professional Development • Safety and Security We observed a considerable amount of Finding2 documentation which demonstrated collaboration between various business areas within VBCC Goa Is to regarding ways to improve the efficiency and effectiveness of operations. Improve There was no evidence supporting implementation of Efficiencyand these goals or the establishment of a timeline for completion. Effectiveness Not • One factor which contributed to these goals not being implemented is the turnover of key Implemented personnel; the positions of Convention Center Manager and Assistant Convention Center Manager for Business are currently vacant. Recommendations Once key management positions have been filled, management should: • Establish a timeline for the implementation of proposed goals. • Create a means to document progress on the implementation of proposed goals. • Utilize the current economic impact model as an additional tool for strategic planning. Every month, vendors for each of the three (3) revenue generating contracts send a summary of invoices billed directly to clients which are Finding 3 . subject to commission. Monthly Based on our review, we found that certain key internal controls such as supervisory Commissions review and approval, and verification of data Reconciliation completeness are absent from the monthly reconciliation process. Process Can Be The presence of these controls ensures the Enhanced accuracy and completeness of the information — sales and commission amounts — related to commissions. Supervisory review/approval of 12 100% reconciliation Reconciled commission amount did not 3 25% Finding 3. match check received Commission check not received within 30 1 8% lvi o nth lY days (See NOTE below) Commissions VBCC later determined that two other monthly commission checks around the same period had not been Reconciliation received from this vendor. Prior to the last day of fieldwork, all three (3) commission checks in question had Process Can Be been received. Additionally, there are no mechanisms to ensure: Enhanced • Completeness of invoices billed directly to clients by vendors which are subject to commission. • Commission information manually entered in EBMS agrees to the reconciled monthly commissions information. A contributing factor to these deficiencies is the turnover of key personnel. Finding 3. MonthlyDeficiencies surrounding the reconciliation process jeopardize the completeness and Commissions accuracy of information related to Reconciliation commissions. This information impacts important business Process Can Be decisions such as budgeting, negotiating Enhanced competitive rental agreements, attracting the best long-term contracts with vendors, and demonstrating fiscal performance. Recommendations Management should : • Document evidence of supervisory review and approval on all monthly reconciliations. • Ensure the amount of the commission check agrees to the reconciled amount and investigate any differences. • Follow up on all commission checks which are not received in a timely manner. • Create a mechanism to ensure all invoices subject to commission are included in the monthly reconciliation process. • Ensure that all commission information manually entered in EBMS agrees to the reconciled monthly commissions information. • Payments made by customers which represent deposits for contracted future events are improperly classified as revenue in OFC. Finding 4 • Advance deposits are being classified as revenue before they are earned by providing contracted Customer services. Accounting for these payments as deferred Advance revenue, a liability account, until services are provided allows revenues to be recognized as they Deposits Not are earned and better matches revenues against the expenses incurred to generate them. Classified • Classifying advance deposits as revenue before they Properly are earned overstates revenue. As of the last day of fieldwork, over $250K in deposits were improperly classified as revenue. 1:;'. Recommendations Management should: • Initially classify advance deposits as deferred revenue and reclassify as revenue once the related event has taken place. • Periodically reconcile the advance deposits received in EBMS to the deferred revenue balance in OFC to ensure proper classification. The VBCC has established policies and Finding 5. procedures governing event management. The policies and procedures vary by type of Compliance event and include contracting, scheduling with Policies room space, scripting events, communicating and changes amongst business areas, and client billing and account management. Procedures In total, there were 1,326 events held at the VBCC during our review period . We selected a sample of 40 events for review to ensure compliance with departmental policies and procedures including tracing payments to the Finding 5. city's general ledger. Compliance The following exceptions were noted: with Policies Excepti• + •• • Missing third-party invoices 3 8% and Missing Event Manager Checklist 1 3% Procedures Incorrect status in EBMS 8 20% (continued) Missing documentation supporting key details surrounding events as well as incorrect status codes in EBMS negatively impact operational efficiency and reporting accuracy. Recommendations Management should: • Maintain all documentation supporting the key details surrounding events to ensure an accurate summary of event details is available as needed. Include a final review of the event documentation on the Event Manager Checklist. • Ensure the status codes reflected in EBMS are proper and updated timely throughout the lifecycle of events. For ticketed events such as consumer shows In and sporting events, VBCC utilizes a separate Finding g6• account.bank a Enhance This account acts as a clearing account for Procedures ticket proceeds and houses any portion of the Surrounding $30,000 change fund' not being used to Bank Account conduct events. Used for Ticket As of April 20, 2023, the balance in the account was $230,430.29. Proceeds 'The change fund was reduced from $30K to $20K on May 10, 2023, after VBCC analyzed the method of payment used by customers for recent ticketed events. We noted the following during our review: • The breakdown of the change fund balance on hand versus at the bank is only tracked by those Finding 6. responsible for initiating deposits and Enhance withdrawals for the account. Procedures • The process for confirming the change fund balance on a spot check basis includes the use Surrounding of a hand-written ledger sheet to verify the Bank Accountamount of cash at the bank rather than utilizing the posted bank balance as a starting point in Used for Ticket determining this amount. Proceeds • Various monthly bank fees are charged to the (continued) account despite the existence of other city accounts (multiple accounts with significant balances usually negate the need for bank fees). • Various monthly bank fees are charged to the account despite the existence of other Finding 6. city accounts (multiple accounts with Enhance significant balances usually negate the need Procedures for bank fees). Surrounding • Following discussions with the City Treasurer, this account has been added to Bank Account the city's portfolio but will remain separate Used for Ticket from the city's analysis accounts as it is Proceeds comprised of both funds due to the City as well as to event promoters. (continued) • Transactions posted to the account are verified only after a hard copy bank Finding 6, statement for the preceding month has been Enhance receivedl. Procedures • The size of the change fund seemed excessive when compared with those of Surrounding other city functions2. BankAccount 'Online view only access to the account was established on April 27, 2023, so Used for Ticket that activity posted to the account can be monitored and verified immediately. Proceeds (continued) 4 2The change fund was reduced from $30K to $20K on May 10, 2023, after VBCC analyzed the method of payment used by customers for recent ticketed events. Finding 6. Enhance Procedures Administrative controls surrounding the Surrounding change fund should be enhanced to minimize Bank Account the risk of misappropriation. Used for Ticket Proceeds (continued) Recommendations Management should: • Ensure the business area responsible for reconciliation also tracks the breakdown of the change fund balance on hand versus at the bank. • Redesign the process for confirming the change fund balance on a spot check basis to incorporate the posted bank balance as a starting point in determining the amount of cash at the bank. • Attempt to eliminate the bank fees associated with this account by leveraging the presence of another sizable account comprised entirely of city funds. VBCC utilizes the Momentus Technologies (formerly Ungerboeck) Event Business Management System (EBMS), an end-to-end Finding 7. venue and event management platform, to facilitate the execution of events. Accuracy and EBMS assists with every aspect of the event Completeness Of lifecycle and addresses key functions such as EBMS Data tracking sales leads, scheduling room space, scripting events, communicating changes amongst business areas, and client billing and account management. Exceptions : We analyzed event data for the 1,326 events with start Completeness and dates between July 1, 2018, and April 30, 2023, for Reliability of Data completeness and reliability. Food and Beverage Sales > $0; No Commission 22 Event Status = Settled; Payments = $0; Balance Due > $0 11 Event Status = Closed; Payments = $0; Balance Due > $0 6 Other Services < $0 4 Equipment Rental Revenue < $0 3 Type = Food and Beverage Event with Event Status = Accounting Template 2 AV Sales > $0; No Commission 2 Total Event Revenue < $0 1 Staffing < $0 1 Food and Beverage Sales = $0; Commission > $0 1 Box Office Charges < $0 1 Exceptions : Duplicate Accounts ' ..,...„. .. a�tfAar :•T•T•T•T• j 4 .V.t. t--7: In El fil 9 .. . Fire NAS Schools VVIslOoes Department �_ Ocean . BureaEconomic Resort Sentara Virginia Beach • City of Development • city or Office • Navel Alt • Virginia Beach Convention Cerrter Virginiarginia Sf�atiab Crty Public Virginia Beach • Crty of Virginia Bench Fire • City of Ocesns • Sentara Schools • City of Virginia Convent an 8 Beach Department Virginia • NAS Octets Healthcare • Virginia Beach Beach Virginia Visitors Economic • Virginia Bench Resort • Sentara Crty Public Beach Bureau Development Beach Fire Management Schools- Convention • Virginia • Virginia Beach Department Special Schools Center Beach Depxtment of Events and Administration . VBCC Convention Economic Film Office Budding and VISA Of% Development • Resort Office • The School Bureau and Special Board of the • CVB.CVB Events City of Virginia Beach 31 Accuracy, completeness, and consistency of data is key to ensuring the integrity and Finding 7. reliability of data and reporting. Accuracy and Inaccurate, incomplete and/or inconsistent Completeness of data in EBMS may impact the integrity and reliability of reporting used for oversight, EBMS Data decision making, budgeting and information sharing, as well as event management. Recommendations To ensure the integrity and reliability of EBMS data and reporting, management should : • Implement account naming standards and provide user guides to ensure appropriate use of terminology for event types, categories, and status. • Include data accuracy and completeness of key data elements in EBMS as part of the final event file review process. • Design and develop exception-based reports and/or queries to identify potential inaccurate, incomplete and/or inconsistent data in a timely manner. • Include a periodic review of EBMS data for a sample of events to ensure accurate data entry. • VBCC management and staff rely on EBMS during every stage of the event lifecycle. • Some, but not all, of the key functions include tracking sales leads, scheduling room space, Finding 8. scripting events, communicating changes Managing amongst business areas, and client billing and account management. User Access • Users have different levels of access to event information based on their job responsibilities and a single user may have multiple roles. Exceptions : We reviewed access to EBMS and to the various roles of the employees granted those rights. We noted the Access Review following during our review of this access: Generic user accounts, vendor 6 Shared user accounts 5 Generic user accounts, internal 3 Inactive users with roles assigned 3 Active users with no roles assigned 1 Duplicate user accounts 1. Except as noted, we determined user access to be appropriate and consistent with job responsibilities. Recommendations To ensure compliance with best practices, we recommend the following: • Address active and inactive user role assignments identified during our review. • Review current policies and procedures regarding account management to ensure compliance with best practices. • Review necessity of shared accounts to ensure compliance with best practices and operational needs. • Remove generic accounts not necessary for application management. • Regularly review application and user utility accounts to ensure continued necessity. Overall, we determined that the Virginia Beach Convention Center, except as noted Conclusion above, is operating effectively and in accordance with city and departmental policies. Acknowledgements We would like to thank the management and staff of the Convention & Visitors Bureau and the Virginia Beach Convention Center for their cooperation and responsiveness to our requests, questions, recommendations, and suggestions. Questions ? 0 39 f s City Audito r Audit of the ............., �'`- Sandler Center for the .- Performing A rts • , c- !j-.- •!.' -.. - • I - Flo • .. . .,. . 0. a Ell 1 IIIIrpour P"'"IN 111!. 1 .. - 4 Presented to City Council July 18, 2023 Purpose The purpose of this audit was to determine whether appropriate policies, procedures, and processes are in place to ensure compliance with the operating agreement dated August 1, 2017, between the City of Virginia Beach and Oak View Group. This audit was included in our FY 2023 Audit Plan. - • 4/..- • 1, - to • ■i a • ! r r r . ....ate, 2 Attendance and Total Events B a c kg ro u n d 200,000 600 180,000 160,000 500 140,000I 400 Since its opening on November 120,000 3, 2007, the Sandler Center has l00,000 300 welcomed over 2,000,000 80,000 - attendees for over 6,500 world 60,000 200 class performances and private 40,000 -M 100 events. It has a rotating art 20,000 gallery that offers visual artists 0 the opportunity to showcase FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 their work through a diverse mi.Turnstile Attendance Total Events variety of visual art experiences. 3 CityFunding $1,200,000 $1,000,000 , $800,000 $600,000 $400,000 $200,000 $- -Amount of City Funding -Management Fee&Incentive Fee FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 City Funding $1,008,001 $962,000 $775,005 $748,254 $750,003 $750,000 $752,139 Management& $249,587 $235,052 $151,972 $174,717 $92,210 $57,447 $80,231 Incentive Fees 4 Expenses over Revenue $4,500,000 $4,000,000 $3,500,000IR 111 $3,000,000 $2,500,000 -` $2,000,000 $1,500,000 $1,000,000 $500,000 $ III — FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 •Revenues •Expenses 5 Difference of Expenses over Revenues FY2016 „'71i FY2018 )20 Fv202: FY2022 $(100,000) $(200,000) $(300,000) $(400,000) $(463,000) $(500,000) $(600,000) $(604,000) $(700,000) $(800,000) $(806,000) $(808,000) $(900,000) $(816,000) (917,000) $(908,000) $(1,000,000) 6 Admissions Tax TRX KEL1 m PE Pig M. ffit.t. tge_ Lf: Ig= Pi. PE Pegi. P � l*NA- Source:Sandler Center Audited Financial 1 .129.oaN �= _ _RI av tg = = Statements. pie me5180.641 PE: [-A PI. Itik Note: The above amount does not include tax �' _ r'"x : 4'0 '�" (Tail [ion FT: �ll.� 0— av $147.9931 admission taxes collected by the resident _ ._. .-- groups. It_ �lii - _ , _ _ lel= ash = Mi Tiu r,a ruc r�x e 13 t3" as: =a1" 12= 12= 5 ph 5178.34N 71IX go_ Ix • FY2022 • FY2021 •FY2020 • FY2019 FY2018 • FY2017 111 FY2016 7 Finding 1 : Incorrect Calculation of the 2022 Incentive Fee • Operating agreement Section 3.2 states that, "the incentive fee should be calculated as (i) Twenty-five percent (25%) of Operating Revenue in excess of 700,000 per Operating Year. For purposes of this section 3.2 only, the definition of Operating Revenue shall exclude: (1) rental net reimbursed expenses; and (2) interest and miscellaneous operating income; plus (ii) Seventy-five cents ($0. 75) per paid attendee (based on ticket sales) in excess of 42,500 in paid attendance (based on paid ticket sales) per Operating Year': • Upon reperforming the calculations, we found that the Incentive Fee for Fiscal Year 2022 was over by $3,973.50, which means that the City was overcharged by this amount. Manager stated that accidental deletion of the formula in the Excel spreadsheet was the cause of this error. We found no other errors when we reperformed the calculations for the other fiscal years. Management should: 1.0 Implement an internal control to verify all fees charged to the City are Recommendations: accurate. 1.1 Manager should credit the City for the overpayment. Note: The credit for overpayment was applied to the FY2023 incentive fee calculation. Finding 2 : Number of Guaranteed Yearly Qualifying Events Not Met Operating Agreement Section 2.6 states that the, "Manager guarantees to the City that the Facility will host thirty (30) "Qualifying Shows" in the 2017/18 Operating Year, and thirty seven (37) shows in each subsequent Operating Year ("Annual Show Guarantee"),... Qualifying shows shall be defined as events 1) with paid admission that are promoted by Manager and or national shows 2) that include a variety of popular content, including rock, indie, country, folk, blues, family entertainment and comedy acts." Finding 2 : Number of Guaranteed Yearly Qualifying Events Not Met Number of Qualifying Shows Operating Year Guaranteed Actual Short Note By: 2019 37 32 5 Penalty Assessed 2020 37 24 13 Penalty Waived 2021 37 0 37 Penalty Waived 2022 37 21 16 Penalty Assessed Management should : Recommendation 2.0 Continue to monitor the number of qualified shows. Finding 3 . Promotional Packages Not Created Operating agreement Section 2.5 states that, "Manager agrees to spend ten thousand dollars ($10,000) per Operating Year to create a variety of promotional packages that will advertise events at the Facility, as well as Virginia Beach events, hotels, restaurants, and attractions to the Richmond market to drive tourism to Virginia Beach. For so long as Manager is an Affiliate of Corncast Corporation, Manager shall secure from Comcast Corporation or one of its Affiliates (including Comcast Spotlight) an additional ten thousand dollars ($10,000) of value each Operating Year in advertising and promotional spots to drive tourism from the Richmond market to Virginia Beach." • In our discussion with management, we learned that Manager misunderstood this requirement and has not been compliant with the first portion of Section 2.5 since the termination of its affiliation with Comcast Corporation in November 2020. Because of this, no funding was spent to create promotional packages that advertised Facility events and Virginia Beach. Management should: 3.0 Resume compliance with the first portion of Section 2.5 where it is Recommendations: required to spend $10,000 to advertise events at the Facility and Virginia Beach. 3.1 Work with the City to determine the amount of credit due to noncompliance. Conclusion Overall, we determined, except as noted, that appropriate policies, procedures, and processes were in place to ensure compliance with the operating agreement dated August 1, 2017, between the City of Virginia Beach and Oak View Group. Questions ? City Auditor 36 CITY MANAGER'S BRIEFING SCHOOL FUNDING FORMULA ITEM#74464 2:12 P.M. Vice Mayor Wilson welcomed Kevin Chatellier,Director—Budget&Management Services. Mr. Chatellier expressed his appreciation to City Council for their continued support: City/School Revenue Sharing Formula Kevin Chatellier,Director Budget and Management Services July 18,2023 City/School Revenue Sharing Formula • Virginia Beach City Public School (VBCPS) Funding • Relationship with City-State Code • Historical Overview • Existing Formula • Benchmark Comparison • Direction or Next Steps • Work with Schools staff to revise/update formula • Extend formula as-is another year July 18, 2023 37 CITY MANAGER'S BRIEFING SCHOOL FUNDING FORMULA ITEM#74464 (Continued) This chart provides the Virginia Beach City Public Schools (VBCPS) Operating Budget Revenues: VBCPS Operating Budget Revenues Source FY 2023-24 Budget %of Budget State $487.3 million 41% Federal $144.7 million 12% Misc.Local $ 29.8 million 3% Transfer from City $512.9 million 44% Total $1.174 billion • State provides VBCPS with allocated revenues through various sources;i.e,lottery funds,state sales tax,incentive programs,and Standard of Quality programs (basic aid). Relationship with City Virginia State Code: • School Boards can be elected or appointed. Virginia Beach School Board has been elected since 1994. • Taxing authority only provided to governing body. • Minimum Standard of Quality(SOQ)local match requirement and state law requirement to raise revenue to meet this requirement. • Local funding provided may either be provided in lump sum or through nine major classifications/categories. • Governing body(City Council)does not have financial control over the use of those funds. • Schools not to overspend budgeted allocation;malfeasance in office. • Schools are not permitted to retain a fund balance,but instead funds lapse at fiscal year end and revert to the source of funds(Commonwealth or locality). Often referred to as the'reversion process" • City Council does not have the power to dictate policies or priorities regarding the oversight of Schools • Outlines process for School's to submit budget for consideration and establishes a governing body budget adoption date of May 15th. July 18, 2023 38 CITY MANAGER'S BRIEFING SCHOOL FUNDING FORMULA ITEM#74464 (Continued) Here are some Historically Notable Reference Points: Historically Notable Reference Points • 1994-School Board members became elected positions • 1997-98-City and School's began the use of a funding formula to allocate resources in the prioritization and planning of operation and capital needs. • 2012-13 Revenue sharing formula was not utilized to allocate resources. Needs based budget that resulted in Real Estate tax increase of 4C for Schools as a result of reduced State revenue. • 2013-14 Revenue Sharing Formula revised with components to remain more relevant: • Review by or extend date • SOQ State Funding • 2019-20 Revenue Sharing Formula revised • Removed SOQ Funding as part of calculation Current Revenue Sharing Formula • Local funding allocation through the formula are for VBCPS to manage their operations and prioritize funding needs which includes paying for Debt Service and programming Pay-as-you-go to the CIP • To request funding above the formula,the School Board must make a formal, written request to City Council • Share largest least volatile revenue sources(ex:real estate,personal property, general sales,utility,restaurant,telephone,business licenses) • 46.75%of revenue provided to Schools and 53.25%retained by City;if revenues under or over performed through the year,City and Schools shared increases or decreases accordingly • Details steps and process to request"reversion"funds at year end for re- appropriation July 18, 2023 39 CITY MANAGER'S BRIEFING SCHOOL FUNDING FORMULA ITEM#74464 (Continued) City/ School Revenue Sharing Formula 111120.1.1. 1.797.011 •.e...,...fa.«w tilaw 1,1,0x1401 .....•..n•.s stc.v...w 10,....1613 LwM.. s.....•. M sanasw I a I a...A.u..... s•caoc.0 I swncus u•acsr I 1•c.n..a ucm,ms su�.wr s sm�«..•• sc....9$1 sa.nw. .......a......r..•.«.00 WO. .a«,. s•s u.� 1•.1.•.nc1. .•.1q.41. •..r....Mraa•rrd.116114. $I.+n1.•1if .....� f�l•Kfu ``WLM a..wry... «irM•mman..1. Here are Benefits and Challenges of the City/School Revenue Formula: City/School Revenue Formula Benefits: Challenges: 1-Predictability of resources for long term planning and priorities 2-Provides flexibility for Schools to allocate future 1- Limited flexibility for funding emerging priorities funding between operations and capital without impacting other entity 3—Transparency of total local support provided to 2-Does not account for State/Federal aid changes V BCPS 3-Calculation not account for changes in demand for 4-Reduced frictions in budget planning between two service-increases or decreases (example,declining independently elected boards student population,unfunded mandated services, etc.) 5-Links both City and Schools with economic growth/declines to School funding July 18, 2023 40 CITY MANAGER'S BRIEFING SCHOOL FUNDING FORMULA ITEM#74464 (Continued) School Funding Revenue Sharing Formula Comparison Virginia Beach Prince George Arlington Cry Hampton City ,Cheeep••ke City Norfolk City Roanoke City County r Roanoke County County Orientation: 1998 Around 1999 Around 2004 2018 Around 2000 Around 2005 Around 2005 Around 2001 Formula Include,: Remo,rn eeeaatea reyem�e ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Support capital Program' ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Pev<rtron Praess ✓ ✓ I ✓ ✓ ✓ ✓ ✓ Request rot add.Ponal funding ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ includes ADM/populad0n ratio a< D31 [KI ® ® + ✓ Adjusts la State/Fed/Other i}. nevi. ® Revisit rs] LE Punting Formula Eareetl Minimum 1AA ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Direction and Next Steps • Begin working with Virginia Beach City Public Schools staff on considerations for revised/updated formula • Staff would brief School Board and City Council at joint meeting in November on options for consideration • Alternatively continue current policy for another year. • Superintendent selection • PPEA cost estimates finalized July 18, 2023 41 CITY MANAGER'S BRIEFING SCHOOL FUNDING FORMULA ITEM#74464 (Continued) Questions ? Vice Mayor Wilson expressed her appreciation to Mr. Chatellier for the presentation. July 18, 2023 42 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74465 2:53 P.M. Vice Mayor Wilson advised she has received questions concerning trash and yard waste pick-up services and understands the delays are due to staff shortages but asked City Manager Duhaney if there are any updates that can be shared with the public. City Manager Duhaney advised the department has increased working four(4)days a week to six(6), are prioritizing the black cans for pick-up and,for now, citizens can put yard waste in their black cans. City Manager Duhaney advised since July 1 S`other cities in the area have recently changed waste management employee compensation and his staff is reviewing the City's compensation to ensure the City remains competitive. City Manager Duhaney further advised there are several employees on limited duty and unable to work. Public Works Director Hansen advised the staffing challenges he briefed the Body on last week have not had any significant changes. Mr. Hansen advised he is currently working with Human Resources to improve the recruitment process that already includes sign on bonuses for waste management as well as a separate sign on bonus for those who have valid commercial driver's licenses. Council Member Henley asked Mr.Hansen to address how the current staff is working to provide services. Mr. Hansen advised that as of today, they are caught up on the black cans but are behind on picking up yard waste. Mr. Hansen advised that in addition to his operations manager and supervisors, staff from Parks and Recreation are also assisting. Council Member Taylor expressed his appreciation to Mr. Hansen and his staff as well as the Communications Department for getting the message out to the public. Council Member Taylor asked if using vacancy savings to bring in outside vendors is an option. Mr. Hansen advised temporary employees are used to assist in picking up trash but not as drivers. Mr. Hansen advised it takes time to ensure the drivers have enough driving experience that they can safely navigate down narrow neighborhood roadways. Mr. Hansen added, the problem is not with compensation but rather recruitment and retention. July 18, 2023 43 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74466 (Continued) Council Member Wooten advised she would like to propose having a Referendum for the increase of City services to support having a Recreation Center in District 7. Council Member Wooten advised Referendums have been issued in the past to build recreation centers such as Lynnhaven, Bayside and Princess Anne as well as for the renovation of Bow Creek. Council Member Wooten advised the Referendum can also include the extension of the VB Trail and modernization of the other recreation centers. Council Member Wooten advised she has researched this and there is time to have the Referendum on the November ballot. Council Member Wooten advised staff was requested to provide a suggested location in District 7 for a recreation center and was informed the Charlestown Park off of Centerville could be a possible location. Council Member Wooten advised in order for it to be considered on the November ballot, it must be in by August 18th. Council Member Wooten advised the other option is for citizens to petition to the Circuit Court to have the question placed on the ballot. Council Member Wooten advised those are the two (2) options she is considering and wanted to make the Body aware. July 18, 2023 44 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#74467 (Continued) Council Member Ross-Hammond expressed her appreciation to the staff who supported her District 4 Town Hall Meeting on July 12`'` Council Member Ross-Hammond advised she also took a moment to express appreciation to the Fire Chief for the Department's response to the fire at the Oceanfront last Tuesday. Council Member Remick advised last Tuesday, as the Body was in the Formal Session, he received information about a three-alarm fire at the Oceanfront on 26`'` Street. Council Member Remick advised after the Meeting ended, he went to the area and wants to express his sincere appreciation to Chief Pravetz and Chief Nadelka as well as the seventy-five (75)firefighters and many EMS and Police Officers who all responded. Council Member Remick advised the City s first responders are truly heroes. July 18, 2023 45 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74468 (Continued) Council Member Ross-Hammond advised she went to the Sports Plex this past weekend and met with a field hockey team and an Olympian. Council Member Ross-Hammond advised there seems to be a real need to have artificial turf put on the fields. Council Member Ross-Hammond advised a lot of visitors who come to the City are not just at the Oceanfront and this is an example of other visitor attractions in the central part of the City. Council Member Schulman advised he was also at the Sports Plex and was impressed to see the parking lot filled with so many out of state vehicles. July 18, 2023 46 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74469 (Continued) Council Member Berlucchi advised he went on a ride-a-long with Jeff Henderson, who is a EMS-3 Supervisor and encouraged the Body to go on a ride-a-long if they never have, as it is an amazing experience and the City's EMS system is unique as it is largely made from volunteers who are trained and supported by professional EMS Staff. Council Member Berlucchi advised just like the response to the fire at the Oceanfront, every time there is a 911 call, it is answered by EMS, Fire and Police who are professional and compassionate and believes the City is very fortunate to have them. July 18, 2023 47 AGENDA REVIEW SESSION ITEM#74470 3:15 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Resolution to CREATE the Virginia Beach VA250 Committee re prepare for and commemorate the 250th Anniversary of Virginia's participation in American Independence 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a long-term Communications Lease Agreement with T-Mobile Northeast,LLCfor City-owned property a 2068 Landstown Centre Way re install, operate and maintain facilities for providing Wireless Telecommunications Services 3. Ordinance to DECLARE the property at 1548 Michigan Avenue to be in EXCESS of City's needs and AUTHORIZE the City Manager to sell the property to Adam Nicholas Murawski and Jennifer M. Murawski 4. Ordinance to AUTHORIZE the acquisition of temporary easements, either by agreement or condemnation re Seatack Neighborhood Drainage Improvement Project, CIP 100600, 100451 and 100452 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as 352 Tuna Lane a/k/a North Bay and City-owned 5'drainage and utility easement at the rear of 333 Back Bay Crescent re construct and maintain proposed vinyl bulkhead with two (2) returns, a wharf an open sided 4-pile boat lift, two (2)personal watercraft lifts and maintain an existing retaining wall, bulkhead and concrete driveway DISTRICT 2 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal at the rear of 2313 Spindrift Road re construct and maintain a vinyl bulkhead with two (2) 10' return walls, a wharf, two (2) boat lifts and a jet ski floating dock DISTRICT 8 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake.Joyce and the 20'strip of land around Lake Joyce, adjacent to 2264 Greenwell Road re maintain existing concrete and riprap and construct and maintain a proposed ramp, open sided boat lift and two (2)piers DISTRICT 9 July 18, 2023 48 AGENDA REVIEW SESSION ITEM#74470 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. PORPOISE, LLC for a Conditional Use Permit re short term rental at 604 20t Street DISTRICT 6 2. PORPOISE,LLC for a Conditional Use Permit re short term rental at 606 20`h Street, Unit A DISTRICT 6 3. NICHOLAS IULIANO for a Conditional Use Permit re short term rental at 505 20`'` 1/2 Street DISTRICT 6(Deferred from June 20, 2023) 4. JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20t 1/2 Street DISTRICT 6(Deferred from June 20, 2023) L. PLANNING ITEMS: ITEM#3 WILL BE CONSIDERED FOR DEFERRAL TO AUGUST 15, 2023 ITEM#4 WILL BE CONSIDERED FOR DEFERRAL TO AUGUST 15, 2023 July 18, 2023 49 ITEM#74471 Vice Mayor Rosemary Wilson entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PROSPECTIVE BUSINESS OR INDUSTRY:Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business'or industry's interest in locating or expanding its facilities in the community pursuant to Section 2.2-3711(A)(5) • Project Santa PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public fiends, 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) • Project Santa 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). • Nimmo VII-B Environmental Review • Sports Center Contract Issues 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 July 18, 2023 50 ITEM#74471 (Continued) Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 3:19 P.M. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer Break 3:19 P.M. — 3:37 P.M. Closed Session 3:37 P.M. — 5:37 P.M. Break 5:3 7 P.M. — 5:59 P.M. July 18, 2023 51 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JULY18, 2023 6:00 P.M. Vice Mayor Wilson called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, July 18, 2023, at 6:00 P.M Council Members Present: Michael F. Berlucchi, 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: Mayor Robert M. Dyer—Out of the country INVOCATION: Vice Mayor Wilson MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. July 18, 2023 52 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a "personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. July 18, 2023 53 VLF CERTIFICATION ITEM#74472 Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, 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: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 0\N15 BEA_ cyD O4 2 s syre s e,o` ' OUR „,,to 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#74471 on Page 50 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Am n Barnes, MM City lerk July 18, 2023 54 ITEM— VLH.1 MAYOR'S PRESENTATIONS ITEM#74473 RESOLUTION IN RECOGNITION RAMONA D. TAYLOR Vice Mayor Wilson welcomed Ramona Taylor and asked Council Member Wooten to present the Resolution. Council Member Wooten read the Resolution recognizing Ms. Taylor for her service to the justice system from 1983 when she began as an Arbitrator in Philadelphia, PA through her career ending in 2012, when she retired as the presiding Judge in the Virginia Beach Juvenile and Domestic Relations District Court. Ms. Taylor was also recognized for her work as an educator and author of several publications. Ms. Taylor expressed her appreciation to City Council for this recognition and their continuous support. July 18, 2023 i c sa r. Nts ego` Up OUR NA wes RESOLUTION WHEREAS: Ramona D. Taylor has served the United States Judicial System since 1983 after graduating from the University of Pennsylvania School of Law in 1982;and WHEREAS:Ramona passed the bar in the Commonwealth of Pennsylvania in November of 1982. In 1983 she began work as an Arbitrator for the Court of Common Pleas of Philadelphia while simultaneously working as a Staff Attorney for the Superior Court of Pennsylvania.In 1989,Ramona was granted reciprocity in Virginia;and WHEREAS: From April of 1988 to July 1989, Ramona was a Trial Attorney for the Department of Justice Immigration and Naturalization Service. She then accepted a position as an Assistant Commonwealth Attorney in Virginia Beach where she would flourish and diligently serve out her long standing and impactful career;and WHEREAS:Ramona went on to serve as Assistant Commonwealth Attorney and then Assistant City Attorney and Senior Assistant City Attorney for the City of Suffolk before making her way back to Virginia Beach;and WHEREAS:In May of 2000, Ramona returned to Virginia Beach to serve as Judge in the Virginia Beach Juvenile and Domestic Relations District Court.Ramona served as Judge for 12 years before retiring;and WHEREAS: Throughout her career Ramona continuously devoted her time to education. She worked as an Adjunct Professor for Tidewater Community College and Old Dominion University as well as an Adjunct Professor and Associate Professor for Saint Leo University;and WHEREAS: Ramona has written numerous publications including, "Restricting Children's Access to Violent Video Games: Can Parents Win the Game?," "Exciting Updates for the Juvenile Detention Alternatives Initiative(JDAI)," "Appointment of a Guardian Ad Litem in a Contested Custody Case:Necessity or Convenience?"and"Respect:Reducing Fatalities in Citizen-Police Encounters." Ramona has also given presentations at nationally recognized conferences on "Respect: Surviving a Citizen-Police Encounter."In 2016,Ramona served as a Forum Moderator at two local churches for "You Know Your Rights"and "All Lives Matter:Preventing Fatalities in Citizen-Police Encounters";and WHEREAS: Ramona shares her wealth of knowledge and experience by serving on the Board of Directors for YWCA of South Hampton Roads and as their Advocacy Committee Chairman, as well as Founder and Director of the Betty Easley Carrington Memorial Foundation,and the Virginia Beach Pearls Foundation;and WHEREAS:In 2011,Ramona was honored with the YWCA Woman of Distinction Award.She is a Member of the Alpha Phi Sigma Criminal Justice Honor Society and a former Faculty Advisor for the Phi Eta Chapter.In November of 2021,Ramona was presented with the Lifetime Achievement Award from the Alpha Kappa Alpha Sorority, Virginia Beach Chapter. WHEREAS: On this day, we honor an educator and judge who deserves our appreciation and admiration for all that she has accomplished and for her efforts to serve our community. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council pause in its deliberations to express its appreciation to Ramona D.Taylor for her outstanding and long-lasting commitment to the service of our judicial system. Adopted by the Council of the City of Virginia Beach, Virginia the 18`^day of July 2023 and present this Resolution duly signed by each Member of the Virginia Beach City Council. IM-gJt)/--' ,U.o /ij?©ck " 4 1-1 Council Member Michael F.Berlucchi Council Member Barbara M.Henley Council Member N.D. "Rocly"Holcomb ili OlirA dit--- eoge.'-. .::71A- Council Member Robert W "Worth"Remick Council Member Amelia N.Ross-Hammond ur cif ember Jennifer Rouse 4Council ember Joashua Joash"Schulman Council Me chi-is Taylor ouncil Member Sabrina D. Wooten "4„....... Mayor Ro ry Wilson Mayor Robe,4044(A- Viceobby"Dyer 55 ITEM— VLL 1 BID OPENING ITEM#74474 Vice Mayor Wilson DECLARED A BID OPENING: LEASE AGREEMENT FOR CITY OWNED PROPERTY Install, maintain and operate facilities re Wireless Telecommunication Services 2068 Landstown Centre Way Vice Mayor Wilson read into the record: "Pursuant to Virginia Code Section 15.2-2102, I will now summarize the bids that have been received for the proposed lease of 300 square feet on City-owned property located at 2068 Landstown Centre Way, Virginia Beach, Virginia, and for related rights of use for an existing City-owned light pole,for ingress and egress, and to install utilities to support communications operations. One bid has been received, as follows: T-Mobile Northeast LLC has bid: Rent: $24,000 for the first year of the lease; rent increases annually by 4%. Insurance: comprehensive general liability insurance with minimum limits of$2 million per occurrence. Surety Bond: $25,000 for removal of facilities. Term:Initial ten (10)year term with the option to renew for up to four(4) additional periods of five(5)years each upon mutual agreement of the City and T-Mobile,for a maximum of thirty(30)years. Are there any other persons desiring to submit a bid at this time? There being no further bids, the bidding is closed. City staff has evaluated the bid received and recommends that T-Mobile Northeast LLC be awarded a communications lease agreement." July 18, 2023 56 ITEM— VLL1 PUBLIC HEARING ITEM#74475 Vice Mayor Wilson DECLARED a PUBLIC HEARING: LEASE OF CITYPROPERTY—Little League 11.77+/-acres at 2513 Shorehaven Drive to Great Neck Baseball League 6.25+/-acres at 952 Reon Drive to Kempsville Borough Boys Baseball, Inc. 15.8+/-acres at 586 North Lynnhaven Road to Boys Baseball of Lynnhaven, Inc. 15.1+/-acres at 632 Firefall Drive to Virginia Little League,Inc. 12.0+/-acres at 3332 Northgate Drive to Plaza Little League, Inc. There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING July 18, 2023 57 ITEM— VLJ.1 FORMAL SESSION AGENDA ITEM#74476 Upon motion by Council Member Henley, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions K: 1, 2, 3, 4, 5, 6 and 7 and Planning hems L: 1, 2, 3 (DEFERRED TO AUGUST 15, 2023) and 4 (DEFERRED TO AUGUST 15, 2023) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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 Rosemaiy Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer July 18, 2023 58 ITEM— VLK.1 ORDINANCES/RESOLUTION ITEM#74477 Upon motion by Council Member Henley, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Resolution to CREATE the Virginia Beach VA250 Committee re prepare for and commemorate the 250th Anniversary of Virginia's participation in American Independence Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 2 OF VIRGINIA BEACH CREATING THE VIRGINIA BEACH 3 VA250 COMMITTEE 4 5 WHEREAS, the General Assembly created the Virginia America 250 6 Commission ("VA250 Commission") for the purpose of preparing for and 7 commemorating the 250th anniversary of Virginia's participation in American 8 independence; 9 10 WHEREAS, the VA250 Commission has requested that each locality form a 11 committee to aid in planning for the commemoration period; 12 13 WHEREAS, the City Council adopted a resolution on March 21, 2023, in which it 14 asked the City's Historic Preservation Commission to recommend the duties of the local 15 committee and its composition; and 16 17 WHEREAS, the Historic Preservation Commission recommended five duties for 18 the committee, and the Historic Preservation Commission recommends that the local 19 committee include representatives from the education field and from local historical and 20 cultural groups, a university or college, and a Tribal representative, and that the 21 committee be supported by City staff with expertise in tourism, economic development, 22 and museums and historical sites; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH THAT: 26 27 1. The City Council hereby creates the Virginia Beach VA250 Committee to 28 commemorate the local events and achievements associated with the American 29 Revolution 250 years ago. The Committee shall include 16 members, appointed for a 30 three-year term from July 4, 2023, to July 4, 2026, which is the date of the 250th 31 anniversary of the Declaration of Independence. 32 33 2. The membership should include representatives from the education field 34 and from local historical and cultural groups, a university or college, and a Tribal 35 representative, and the committee shall be supported by City staff with expertise in 36 tourism, economic development, and museums and historical sites, as well as a City 37 Council liaison. 38 39 3. The goal of the Committee, as recommended by the Historic Preservation 40 Commission, shall be to commemorate the local events and achievements, large and 41 small, that occurred in Virginia Beach 250 years ago and during all times by all people, 42 that embody the ideals and ideas of the "American Experiment" and declared as 43 essential truths and unalienable rights in the Declaration of Independence. 44 45 4. That the duties of the Committee, as recommended by the Historic 46 Preservation Commission, shall be to: 47 48 • Assist in the planning and coordination of community activities to commemorate 49 the events associated with the American Revolution in Princess Anne 50 CountyNirginia Beach 250 years ago 51 • Assist in the planning and coordination of community activities to commemorate 52 local historical events that incorporate the ideals of freedom, liberty, and equality 53 • Coordinate with City departments, the tourism industry, cultural organizations, 54 and community organizations to raise awareness about VA250 and local 55 historical commemorations 56 • Coordinate with other regional VA250 committees to encourage cooperative 57 commemorations and marketing 58 • Seek grant funding available to VA250 communities to support associated events 59 and initiatives 60 61 5. That the City Manager shall provide staff to the committee that includes 62 employees with expertise in tourism, economic development, and museums and 63 historical sites. Adopted by the City Council of the City of Virginia Beach, Virginia, this 18 t h day of July , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ' Planning an Community Development City Attorney's Office CA16190 R-3 June 30, 2023 59 ITEM— VLK.2 ORDINANCES/RESOLUTION ITEM#74478 Upon motion by Council Member Henley, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a long-term Communications Lease Agreement with T-Mobile Northeast, LLC for City-owned property a 2068 Landstown Centre Way re install, operate and maintain facilities for providing Wireless Telecommunications Services Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 1 2 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 3 EXECUTE A LONG-TERM COMMUNICATIONS LEASE 4 AGREEMENT FOR CITY-OWNED PROPERTY LOCATED AT 5 2068 LANDSTOWN CENTRE WAY WITH T-MOBILE 6 NORTHEAST, LLC TO INSTALL, MAINTAIN AND OPERATE 7 FACILITIES FOR PROVIDING WIRELESS 8 TELECOMMUNICATIONS SERVICES 9 10 WHEREAS, the City owns a light pole ("Pole") located at the Virginia Beach 11 Sportsplex, on Parcel 5 U.S Field Hockey Training Center("Parcel 5"), at 2068 Landstown 12 Centre Way in Virginia Beach (GPIN: 1484-86-9245) ("Property"); and 13 14 WHEREAS, T-Mobile Northeast, LLC ("T-Mobile") desires to enter into a lease with 15 the City to utilize a portion of Parcel 5, measuring fifteen (15) feet by twenty (20) feet, for 16 the purpose of building and installing cabinets, utilities, wiring, equipment, and cables 17 necessary to operate and maintain communications facilities ("Leased Premises"); and 18 19 WHEREAS,the proposed lease also includes related rights of use for 1)T-Mobile to 20 access part of the Pole for the limited purpose of installing and maintaining communications 21 facilities, including antennas, cables and appurtenances, on the Pole; 2) ingress and 22 egress to the Leased Premises and the Pole from Landstown Centre Way and from other 23 parts of Parcel 5; and 3) installation of utilities to support T-Mobile's provision of 24 telecommunications services; and 25 26 WHEREAS, the rights of use are non-exclusive and do not constitute an easement, 27 but shall be rights to use the Property for so long as the lease remains in effect; and 28 29 WHEREAS, the proposed lease is for an initial term of five (5) years and may be 30 renewed, upon mutual agreement of the parties, for four (4) additional terms of five (5) 31 years each on the same terms and conditions; and 32 33 WHEREAS, City Council granted a conditional use permit on September 6,2022 for 34 T-Mobile's proposed use of the Property. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager is hereby authorized to execute a communications lease 40 agreement with T-Mobile with for a term of five (5) years with the option to renew for four 41 (4)additional terms of five(5)years each, in accordance with the Summary of Terms, and 42 such other terms, conditions or modifications as may be acceptable to the City Manager 43 and in a form deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of 46 July , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6/23/23 Parks and Recreation City Attorney's Office' I CA 15966 R-2 June 22, 2023 SUMMARY OF TERMS Long-Term Communications Lease Agreement for T-Mobile Northeast LLC Leased Premises: A 15' x 20' portion of property located at the Virginia Beach Sportsplex, on Parcel 5 U.S Field Hockey Training Center at 2068 Landstown Centre Way in Virginia Beach (GPIN: 1484-86-9245). Lessor: City of Virginia Beach Lessee: T-Mobile Northeast LLC ("T-Mobile") Purpose: T-Mobile will utilize the Leased Premises for the purpose of building and installing cabinets, utilities, wiring, cables and other conduit for facilitating and operating communications facilities, equipment and structures to operate communications equipment on the Pole. Rights of Use: The proposed lease also includes related rights of use for 1)T-Mobile to access part of a City-owned light pole ("Pole") for the limited purpose of installing and maintaining communications facilities, including antennas, cables and appurtenances, on the Pole; 2) ingress and egress to the Leased Premises and the Pole from Landstown Centre Way and from other parts of Parcel 5; and 3) installation of utilities to support T-Mobile's provision of telecommunications services. Term: Initial five (5) year term. Upon the mutual agreement of the parties, the lease may be renewed for up to four(4) additional periods of five (5) years each. Rent: Initial rent is $24,000 per year. Rent increases annually by 4%. Surety: Lessee will post $25,000 surety bond for removal of facilities. Insurance: Lessee must maintain comprehensive commercial general liability insurance with minimum limits of $2,000,000 per occurrence, in addition to other liability insurances required by Risk Management. Termination: Lease may only be terminated for cause(default, violation of law, acts of God and other similar reasons as stated in the Lease). Other: Rights of use are non-exclusive and do not constitute an easement. Lessee required to remove facilities and restore site to original condition upon expiration or termination of lease. 60 ITEM— VLK.3 ORDINANCES/RESOLUTION ITEM#74479 Upon motion by Council Member Henley, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE the property at 1548 Michigan Avenue to be in EXCESS of City's needs and AUTHORIZE the City Manager to sell the property to Adam Nicholas Murawski and Jennifer M. Murawski Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 1548 MICHIGAN 3 AVENUE TO BE IN EXCESS OF THE CITY'S 4 NEEDS AND AUTHORIZING THE CITY 5 MANAGER TO SELL THE PROPERTY TO 6 ADAM .NICOLAS MURAWSKI AND JENNIFER_; 7 M. MURAWSKI 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain parcel of land located at 1548 Michigan Avenue (GPIN: 2407-95-7518) (the 11 "Property") more particularly described on Exhibit "A" attached hereto and made a part 12 hereof; 13 14 WHEREAS, the City acquired the Property pursuant to the APZ-1 15 Acquisition Program on February 27, 2014 for$140,000; 16 17 WHEREAS, the City funded the acquisition of the Property through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%0) of the funds; 20 21 WHEREAS, the Property is in the midst of other residences and at the 22 time of acquisition was improved with a single-family home that has since been 23 demolished; 24 25 WHEREAS, Adam Nicolas Murawski and Jennifer M. Murawski (the 26 "Murawskis") own the adjacent property at 1561 Virginia Beach Boulevard and have 27 requested to purchase the Property in order to. utilize it in a manner compatible with the 28 APZ-1 Ordinance; 29 30 WHEREAS, City Council authorized the sale of the Property by ORD- 31 3380F on October 7, 2014 to another adjacent property owner, but that property owner 32 was unable to consummate the purchase; 33 34 WHEREAS, the Murawskis desire to purchase the Property in accordance 35 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 36 37 WHEREAS, the APZ-1 Disposition Committee has recommended that City 38 Council declare the Property to be in excess of the City's needs and sell the Property to 39 the Murawskis; and 40 41 WHEREAS, the City Council is of the opinion that the Property is in 42 excess of the needs of the City of Virginia Beach. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 45 OF VIRGINIA BEACH, VIRGINIA: 46 47 That the e Property is hereby declared to be in excess of the needs of the 48 City of Virginia Beach and that the City Manager is hereby authorized to execute any 49 documents necessary to convey the Property to the Murawskis in accordance with the 50 Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or 51 modifications as may be acceptable to the City Manager and in a form deemed 52 satisfactory by the City Attorney. 53 54 Further, that revenue from the sale of the Property in the amount of 55 $11,090 shall be received and fifty (50) percent of this amount shall be deposited for 56 appropriation in future Capital Improvement Program capital budgets in Capital 57 Improvement Project 100282 (formerly CIP 9-059 and 9-060), Oceana Interfacility 58 Traffic Area Conformity & Acquisition II Project, and fifty (50) percent shall be deposited 59 for future payment by the City Manager to refund the Commonwealth's portion in 60 accordance with the grant agreement. 61 62 This ordinance shall be effective from the date of its adoption. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on the 65 18th day of July , 2023. CA16063 R-1 04/25/2023 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d0151p046100886375.doc APPROVED AS TO CONT NT APPROVED AS TO CONTENT Public Works Real Estate dget & Management Services APPROVED AS TO LEGAL SUFFICIENCY City orn:y's Of EXHIBIT "A" LEGAL DESCRIPTION ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvement thereon, located near Oceana, in Oceana Gardens, Lynnhaven Magisterial District, City of Virginia Beach, Virginia, and known numbered and designated as the Western fifty(50) feet of the Southern one hundred fifty (150) feet of Lot Six (6), and the Eastern twenty- five (25)feet of the Southern one hundred_fifty(150)feet of Lot Five (5), in Block Thirteen (13), of the Plat of Oceana Gardens duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 3, at page 51, and more particularly described as follows: BEGINNING at a point on the Northern line of Michigan Avenue 250 feet West of the Northwest intersection of said Michigan Avenue and Middle Lane and running thence Westerly along the North line of said Michigan Avenue 75 feet; thence Northerly and parallel with Michigan Avenue 75 feet; thence Southerly,and parallel with said Middle Lane 150 feet to the Northern line of said Michigan Avenue, the point of beginning. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said_Property, and all easements of any description and rights of ingress and egress benefiting the City and/or the public. RESERVING UNTO THE CITY a 1' no-ingress/egress easement along Michigan Avenue to be established by plat simultaneously with closing. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Nancy G. Braithwaite, dated February 27, 2014, and recorded in the aforesaid Clerk's Office in Instrument No. 20140227000171890. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY SELLER: City of Virginia Beach BUYERS: Adam and Jennifer Murawski PROPERTY: 1548 Michigan Avenue (GPIN: 2407-95-7518), consisting of 11,090 square feet (0.26 acres),more particularly described on Exhibit A SALE PRICE: $11,090.00 CONDITIONS OF SALE: • Property is purchased "As is, Where is," and will be conveyed by Special Warranty Deed. • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • In the event of development or redevelopment by Buyers. Buyers will be required to address stormwater quantity and quality on site. • Seller shall resubdivide the Property to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Buyers shall adhere to all zoning ordinances and City Code requirements. • Buyers shall be responsible for their own closing costs, recording fees, and attorney's fees. • Closing shall occur on or before 60 days from the approval of the resubdivision plat, unless extended by the City Manager. • Approval of this sale shall be revoked if closing has not occurred on or before December 31, 2025, unless extended by the City Manager prior to such date. 61 ITEM— VLK.4 ORDINANCES/RESOLUTION ITEM#74480 Upon motion by Council Member Henley, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of temporary easements, either by agreement or condemnation re Seatack Neighborhood Drainage Improvement Project, CIP 100600, 100451 and 100452 Voting: 10-0 Council Members Voting Aye. Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY EASEMENTS 3 FOR THE SEATACK NEIGHBORHOOD 4 DRAINAGE IMPROVEMENT PROJECT, CIP s 100600, 100451 AND 100452, EITHER BY 6 AGREEMENT OR CONDEMNATION 7 8 WHEREAS,the Seatack Neighborhood Drainage Improvement Project, CIP 10060, 9 100451 and 100452 (the "Project") is part of the Flood Protection Program, Linkhorn Bay 10 Master Project and the Project area was identified in the Linkhorn Bay Drainage Basin 11 Stormwater Master Plan as beginning to flood in a 25-year storm event and larger; 12 13 WHEREAS, the Project includes upsizing the existing stormwater conveyance 14 system along South Birdneck Road (north of Sea Street)to the existing outfall at the cul-de- 15 sac of Jackson Street. Additional pipes are increased and added with additional inlets 16 being constructed along Sea Street and Burford Avenue; 17 18 WHEREAS,the Project work will mainly be within the existing right-of-way; however, 19 to ensure proper grading and smooth transitions to the adjacent private property,temporary 20 construction easements have been identified along 13 parcels within the Project boundary, 21 which has been determined by the Department of Engineering to be the optimal location for 22 the construction of drainage improvements; and 23 24 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 25 public necessity exists for the construction of this important Project to provide flood 26 protection to the surrounding area, for the preservation of the safety, health, peace, good 27 order, comfort and convenience and for the welfare of the people in the City of Virginia 28 Beach. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 Section 1. That the City Council authorizes the acquisition by purchase or 34 condemnation pursuant to Sections 15.2-1901, et seq. and 15.2-2109, and Title 25.1 of the 35 Code of Virginia of 1950, as amended, of all those certain easements (the "Property"), as 36 shown on the Project plans entitled "SEATACK NEIGHBORHOOD IMPROVEMENTS 37 VIRGINIA BEACH,VIRGINIA CIP 100600, 100451,AND 100452, PWCN-19-0031A,APRIL 38 2023," and more particularly described on the acquisition plats for the Project (plats and 39 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 40 Division, Department of Public Works, City of Virginia Beach, Virginia. 41 42 Section 2. That the City Manager is hereby authorized to make or cause to be made 43 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 44 offer to the owners or persons having an interest in the Property. If refused, if the property 45 owners are unable to convey clear title, or if the owners cannot be identified or located, the 46 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 47 to condemn to acquire title to the Property. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of 50 July , 2023. CA16060 R-1 4/20/23 11vbgov.com\dfs 1\appl ications\citylaw\cycom 321wpdocs1d0201p044100880910.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM P L WORKS/REAL ESTATE CIT A RNEY 62 ITEM— VLK.5 ORDINANCES/RESOLUTION ITEM#74481 Upon motion by Council Member Henley, seconded by Council Member Schulman, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City- owned property known as 352 Tuna Lane a/k/a North Bay and City-owned 5'drainage and utility easement at the rear of 333 Back Bay Crescent re construct and maintain proposed vinyl bulkhead with two (2) returns, a wharf, an open sided 4-pile boat lift,two (2)personal watercraft lifts and maintain an existing retaining wall, bulkhead and concrete driveway DISTRICT 2 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS 352 TUNA LANE 7 A/K/A NORTH BAY AND A CITY-OWNED 8 5' DRAINAGE AND UTILITY EASEMENT, 9 LOCATED AT THE REAR OF 333 BACK 10 BAY CRESCENT 11 12 WHEREAS, Stephen M. Fabian and Tracy M. Fabian, Trustees of the 13 Stephen and Tracy Fabian Living Trust dated February 2, 2021, desire to construct and 14 maintain 137 linear feet of vinyl bulkhead with two (2) returns (12 linear feet and 17 linear 15 feet), a 5' x 84' wharf, a 13' x 13' open sided 4-pile boat lift, two (2) 6.0' x 5.7' personal 16 watercraft lifts and to maintain an existing 5.0' retaining wall, a 74.5'x 2.1' bulkhead and a 17 92.7' x 4.2' concrete driveway (collectively, the "Temporary Encroachment") within the 18 City's property known as 352 Tuna Lane a/k/a/ North Bay (GPIN: 2433-27-3415) and a 19 City-owned 5' drainage and utility easement, located at the rear of 333 Back Bay Crescent, 20 (GPIN: 2433-22-7343) and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 23 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachment upon the 24 City's property to such terms and conditions as Council may prescribe. 25 26 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Stephen M. Fabian and Tracy 31 M. Fabian, Trustees of the Stephen and Tracy Fabian Living Trust dated February 2, 2021, 32 their heirs, assigns and successors in title are authorized to construct and maintain the 33 Temporary Encroachment as shown on the Exhibit entitled: "EXHIBIT 'A' — 34 ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, WHARF, FOUR PILE 35 BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, EXISTING RETAINING 36 WALL &AN EXISTING BULKHEAD FOR: STEPHEN M. FABIAN & TRACY M. FABIAN, 37 TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST 333 BACK BAY 38 CRESCENT LOT 48, SECTION 3, BACK BAY MEADOWS, M.B. 67, PG. 45.," Scale: 1" = 39 30', dated May 10, 2023, prepared by Waterfront Consulting Inc., a copy of which is 40 attached hereto as Exhibit "A" and on file in the Department of Public Works to which 41 reference is made for a more particular description; 42 43 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 44 subject to these terms, conditions and criteria contained in the Agreement between the City 45 of Virginia Beach and Stephen M. Fabian and Tracy M. Fabian, Trustees of the Stephen i 46 and Tracy Fabian Living Trust dated February 2, 2021, (the "Agreement"), an unexecuted 47 copy of which has been presented to the Council in its agenda, and will be recorded among 48 the records of the Clerk's Office of the Circuit Court of the 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 53 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 54 such time as Stephen M. Fabian and Tracy M. Fabian, Trustees of the Stephen and Tracy 55 Fabian Living Trust dated February 2, 2021 and the City Manager or his authorized 56 designee execute the Agreement. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h 59 day of July , 20 23 60 61 62 CA15802 63 R-3 64 Prepared: 6/28/23 c:1users\anegronrodriguez\appdata\local\microsoft\windows\inetcache\content.outlook\mtigeki0\revised ordinance-fabian-333 back bay crescent 6-28-23(003).doc 65 66 67 68 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 69 SUFFICIENCY AND FORM: 70 71 a ` 72 73 BLIC WORKS, REAL ESTATE EYER 74 NIOR CITY ATTORNEY 2 FABIAN ENCROACHMENT EXHIBIT NORTH BAY 0 30 60 --EBB P.1.6111.1.11.1.11111.111111 FLOOD—; SCALE: 1"=30' -- -- __ NOW OR FORMERLY CITY OF VIRGINIA BEACH __ 352 TUNA LANE GPIN: 24332734 150000 Asti -,--1INST:202103095555 ii 12 `� EX.BULKHEAD m 8.9' o '`Wri . — — L�_74.5' -� — — 1,- TACK • .., •4 mj)[•,=====JI- 5.0N 00°23'00" E 145.50' (P) EX.BKHD OF �).- \ N 00°23'00" E 141.30'(F) L. ��" HARRELL •PFIt \ I EX. RETAINING WALL L EX.RIPRAP \ r: / / // p OF HAWKINS \ \ /////////4 °C) I NOW OR FORMERLY \ _ L L. ''co G) w PAUL V. * MOIRA C. HAWKINS \ _® � - Lo �° C" \ p, zvc_ z 325 BACK BAY CRESCENT \ '// / IPe .� N ➢ > 0 GPIN: 24332272900000 \\ \ / I p cam,., n O D.B. 4450, PG. 2030 3 STORY FRAME ) I m w 70 v►�' \ 33 BACK BAY CRESCENT - Ln N-\ ' �' CO (33 ,Ii�p,LTH OF -'o\ �' -� nD Ici opoo, \ C I�CRETEI I W rn Z \ \ ,DRIVEWAY' o -i SEAM E. GREEN zz\\ \ � i 4.2' \ 1.-Lic. No. 0402 64005 \ -, • I p li #*f` G\ \ \ • NOW OR FORMERLY ��z 'S/ON AL c'- \ \ STEPHEN M. 4 TRACY M. FABIAN LT L I 333 BACK BAY CRESCENT I C ��� \\ GPIN: 24332273430000 ^' scp\ w IN5T:202I03076553 ter'- \ - I M.D. G7 PG. 45 r\ \ °'c,i I 5'DRAINAGE AND �\ \ UTILITIES EASEMENT R=125.00 L=45.16 (PLAT) -��\ \ L. I GRANTED TO CITY L=45.50' (FIELD) OF VIRGINIA BEACH CHORD:S 10°48'41" E 45.25' \ \ I (M.B.67 P.45) DELTA 20°51'22" \ " pF L if EXISTING PF S0 00090"W PF CONDITIONS /- 794'TO INTERSECTION BACK BAY CRESCENT WITH SAND BEND ROAD 50'RIGHT-OF-WAY EXHIBIT 'A' ENCROACHMENT REQUEST FOR A REF: M.B. 67, PG. 45 PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, , EXISTING RETAINING WALL & AN EXISTING BULKHEAD 'A . i WATERFRONT FOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN -l--'� CONSULTING, INC. AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B.67,PG.45 MAY 10, 2023 PAGE 1 OF 5 STONE GREEN CONSULTING,uC ®2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 / FABIAN ENCROACHMENT EXHIBIT MHW&MLW AT FACE OF NORTH BAY 0 30 60 EXISTING BULKHEAD �--EBB ELECTRIC CONNECT (FLOOD—► PROPOSED SCALE: 1"=30' OPEN SIDED — __ __ 141.2' __ __ _ _ t._• __ 4 PILE BOAT LIFT 13 PROPOSED WHARF NOW OR FORMERLY w ® N 7l6.0 • 5.5 WITH&(2)PWC LIFTS CITY OF VIRGINIA BEACH �, �� 40'� -- 40' in 352 TUNA LANE 14.3 -57.1' PIN: 24332734I50000 u� 40' 24.0 97� INST:202103095999- . in •r''�l��''• —-- - PROPOSED 137 LF OF.i —— - :- TACK `° c° 4.1'�A'. - \ VINYL BULKHEAD WITH :...„.. A 12 LF&17 LF RETURN ', 10-at. \:_, 1 = I PROPOSED BULKHEAD: '•O' ` ^—N S 89°37'00"E 12' PF It \ 1 1 S 01°53'12"W 97' EX.RIPRAP /7'% 1 I S 04°06'46" E 40' OF HAWKINS \ f/////j//j p00 N 79°34'08"E 17' NEW ELECTRICAL • // // // 4 UTILITY LINE \ NMI/% N 00°23'OO" E 145.50' (P) , N 00 NOW OR FORMERLY \ 1 = , 23 00 E 141.30 (F) PAUL V. t MOIRA C. HAWKINS \ \=® � • .L 0 CA) 329 BACK BAY CRESCENT ` \ , // P a. i� • z D z GPIN: 24332272900000 ° coD.B. 4450, PG. 2030 / ME 1 v W n rn 3 STORYFRA I vw � cno L. O W ]0 u, #333 BACK BAY CRESCENT , ♦, O "' N D -n en oi fll�-� :,�. In; 4 n y 2 L 4 tr LTH of. �o -)` _ o r b o `% 0o� L -` - I WOz o z - �' SEAM E. GREEN \ \ , : ,- Lic. No. 0402 64005 , \ 4 , • . .-♦' �I �, Z �p' �� L NOW OR FORMERLY 1 vo ' •�� \ STEPHEN M. TRACY M. FABIAN LT L. 4761/4 �e•S G \ 333 BACK BAY CRESCENT • l p m S/ONAL.* �cp, GPIN: 24332273430000 I ��\ \\ L- INST:202I03076583 I , M.B. 67 PG. 45 SILT FENCING FOR SITE ACCESS 3�"\ - I 5'DRAINAGE AND AND PROJECT AREA ` \ " UTILITIES EASEMENT R=125.00' L=45.16' (PLAT) ��O \ I GRANTED TO CITY L-45.50' (FIELD) \\ 1 OF VIRGINIA BEACH CHORD:S 10°48'41" E 45.25' \ 011 1 (M.B.67 P.45) DELTA: 20°51'22" \ . . I PF i - ON 1•111110 PROPOSED � "---'s oo°23�Qo"w- PF -- P F 90.00 IMPROVEMENTS / 794'TO INTERSECTION BACK BAY CRESCENT WITH SAND BEND ROAD 50'RIGHT-OF-WAY EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A REF: M.B. 67, PG. 45 PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, -v EXISTING RETAINING WALL& AN EXISTING BULKHEAD C� ' A ■ WATERFRONT FOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN ,—``-- CONSULTING, INC. AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B.67, PG.45 MAY 10, 2023 PAGE 2 OF 5 STONE GREEN CONSULTING,LLC ®2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 FABIAN ENCROACHMENT EXHIBIT PROPOSED OPEN SIDED BOAT LIFT CROSS SECTION LI 13, k 12'CENTER TO CENTER •I BOAT LIFT TO BE INSTALLED IN ACCORDANCE WITH MANUFACTURER'S 10"DIAMETER WOOD PILING RECOMMENDATIONS AND MAXIMUM 12'ON CENTER- SPECIFICATIONS LENGTH TO BE MINIMUM 50% PENETRATION;CONTRACTOR TO SELECT ACTUAL LENGTH(SEE NOTE BELOW) PROPOSED WHARF 0 MUDLINE MLW EL:-1.3' — trdNOTES 1. ALL TIMBER MATERIAL FOR USE IN THIS MARINE ENVIRONMENT SHALL, BE PRESERVATIVE TREATED IN ACCORDANCE WITH THE AWPA. 2. ALL HARDWARE SHALL BE GALVANIZED IN ACCORDANCE WITH ASTM AO'at..T H QF A-153. 3. DRAWINGS ARE FOR PERMIT PURPOSES ONLY,AND DO NOT CONSTITUTE FULL DESIGN DRAWINGS. 4. NO HYDROGRAPHIC SURVEYS OR SOIL BORINGS HAVE BEEN TAKEN TO CONFIRM SUBSURFACE SOIL CONDITIONS(FOR PILE LENGTH " SEAN E. GREEN DETERMINATION). Lic. No. 0402064005 5. ABNORMAL SITE CONDITIONS NOT READILY APPARENT HAVE NOT BEEN TAKEN INTO ACCOUNT,AND MAY REQUIRE MODIFICATIONS TO THE MINIMUM PILE LENGTHS SHOWN. \\. 6. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY DEPTH OF cSSiONAL��G WATER AND SUBSURFACE CONDITIONS AND TO SELECT PILE LENGTHS ADEQUATE FOR THE STRUCTURE. 0 4 8 EXHIBIT'A' - ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, SCALE: 1"=4' (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, .,17 `; . ► j EXISTING RETAINING WALL & AN EXISTING BULKHEAD , ONCOFOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B. 67, PG.45 MAY 10,2023 PAGE 3 OF 5 STONE GREEN CONSULTING,uc 02023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 r FABIAN ENCROACHMENT EXHIBIT PROPOSED PERSONAL WATERCRAFT LIFT CROSS SECTION SINGLE PILING/SINGLE MOTOR, 1500 SWINGER LIFT d/f SS EOL1S THRU RUNG W/PILING WASHERS, r . , 1`• .. LOCKWAST1 ,AND rJJTS .- i ' 1/7 X 4"S5 LAG BOOS PILMG M?UHT ��qtt Q - _ TI�.••..•/.,1.11••�y���I •••l 1..•,.p iliD •1 • I 1�{Di Al WIOS S1 E .. . 0 L.. ' I 3OAlS DESIGN ��1 t It 0 " • 0 'IP 1: I CO ''';' N'N 0 .. I ,-,.. it :., ,,,,.. g:-. ..1 . , . .„--. _ .. i 1 4,..: „....„.; 0 ,,,.s—..., 0 ,....;,_,. . , CI . . --- -.;. CD • , — "el '4 •' MAST TO ARM CONNECTION FASTENED GI ``,.....' WIN 16)1/Y SS BOLTS W/WASHERS AND NUTS NOTL"ALL OTHER BOLTS NOTSC!lcAUY NUMBERED PILING M�JURJT ARE FASTENED WITH 1/? 6�'tSQz SS BOLTS WITH WASHERS AND SEAWALIL MOUNT NUTS. jQ ---- 01 02 03 04 05 06 07 08 09 10 11 NOTE Ws STRUCTURE CAPACITY rmsT MOM CAME RUM ir<NW CRAM atADIE ARM S DD UPTO)5 WI I 2017 16TH EDITOZAND 1504 LBS. --x-is• 117e urxr*o i+*T.- —z I,i s xic-i - s- i-.. -"'"zr" NOTNG HIGH WONLWT Kwn+w srn/ws irmr. s reGnep tiwam wuMasm wtwralw a� I�IRWGFTlGH Wr1D ux W Anraw com enlu maw, wu KIWI EVENTS. *LIFT TO BE INSTALLED ACCORDING TO MANUFACTURERS RECOMMENDATIONS&SPECIFICATIONS E aLTHo 4 , o* P% (' SEAN E. GREEN • Lic. No. 0402 64005 -o EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A mess �G\ PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, ��NAL�- (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, ems- EXISTING RETAINING WALL & AN EXISTING BULKHEAD '-•per ■ WATERFRONT FOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN "��''"-. CONSULTING, INC. AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B.67, PG.45 MAY 10, 2023 PAGE 4 OF 5 STONE GREEN CONSULTING,LLC 0 2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 t (330)883-2117 / FABIAN ENCROACHMENT EXHIBIT CONSTRUCTION OF A SILT FENCE (WITHOUT WIRE SUPPORT) 1.SET THE STAKES 2.EXCAVATE A 4"x 4"TRENCH 16'MAX. I UPSLOPE ALONG THE LINE OF STAKES l ,1., 1 � I. II111 I ifi/ 7 , ----3,1.------,--;.1 -,..-2-- _, ____, , ,6! ,/--- 2..._/, --'-- ---- -------,----,_..... -;--; j --:- e's - (/ FLOWV-------; I----- __ III _ I — Ill _ I11.. 3.STAPLE FILTER MATERIAL 4. BACKFILL AND COMPACT TO STAKES AND EXTEND IT THE EXCAVATED SOIL INTO THE TRENCH ,5••.il•. '•1`,•: SlfS..• ,'\�,• :•1 i• •% ' '•' '�•�.•• Imo:/i•i. >--V---- -- .4-4e,44'..:,0•z:; 47. I I I I • "?41;:;::',„ ' 1111 - /.. =- I FLOW "� _ • I �11p� _=-01 1111 �.� III - 111r .... I iiii_,11,... SHEET FLOW INSTALLATION 4tat.TH of (PERSPECTIVE VIEW) �� o SOURCE: Adapted from Installation of Straw and Fabric Filter Barriers ••%'edit N E. GREEN n Control,VA. DSWC Sherwood and Wyant ' TE Bey-Ro. 0402064005 .../. EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A -'-`1,----- L Fss N�� PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, ��NA1. E (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, EXISTING RETAINING WALL & AN EXISTING BULKHEAD '; • a. grc WATERFRONT FOR:STEPHEN M.FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN " --- ►— ' I CONSULTING, INC AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B.67, PG.45 MAY 10, 2023 PAGE 5 OF 5 STONE GREEN CONSULTING,LLC 102023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) TI{THIS AGREEMENT, made this 0/(o day of J v Iv e , 2023, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STEPHEN M. FABIAN and TRACY M. FABIAN, TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST DATED FEBRUARY 2, 2021, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "48" as shown on that certain plat entitled: "SECTION 3 BACK BAY MEADOWS PROPERTY OF NORTH BAY DEVELOPMENT CORP. PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated July 16, 1964, prepared by W. B. Gallup, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 333 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain 137 linear feet of vinyl bulkhead with two (2) returns (12 linear feet and 17 linear feet), a 5' x 84' wharf, a 13' x 13' open sided 4-pile boat lift, two (2) 6.0' x 5.7' personal watercraft lifts and to maintain an existing 5.0' retaining wall, a 74.5' x 2.1' bulkhead and a GPINs: 2433-27-3415 (352 TUNA LANE A/K/A NORTH BAY AND A 5' DRAINAGE AND UTILITY EASEMENT CITY PROPERTY) 2433-22-7343 (333 BACK BAY CRESCENT) 92.7' x 4.2' concrete driveway 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-owned property known as 352 Tuna Lane a/k/a North Bay, (GPIN: 2433-27-3415) and a City- owned 5' drainage and utility 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 Areas 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 A PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, EXISTING RETAINING WALL & AN EXISTING BULKHEAD FOR: STEPHEN M. FABIAN & TRACY M. FABIAN, TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST 333 BACK BAY CRESCENT LOT 48, SECTION 3, BACK BAY MEADOWS M.B. 67, PG. 45," Scale: 1" = 30', dated 2 May 10, 2023, prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 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. 3 It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in 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. 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 4 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, STEPHEN M. FABIAN and TRACY M. FABIAN, TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST DATED FEBRUARY 2, 2021, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized. Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 STEPHEN M. FABIAN AND TRACY M. FABIAN, TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVI RUST DATEQ,FEBRUARY 2, 2021 /1/T -4----%L— B . TEPHEN M. FABIAN, Trustee By: J;id�,4i. 711 ;2/I' 'CY M. FABIAN, Trustee STATE OF V - G vl k. CITY/COUNTY OF Vt Nr A , to-wit: The foregoing instrument was acknowledged before me this (-340 day of , 202�by STEPHEN M. FABIAN and TRACY M. FABIAN, Trustees of the Stephen and Tracy Fabian Living Trust dated February 2, 2021. (SEAL) Notary Public ..`j..►pAWN"''��., NOTARY %lets, irj PUBLIC •m : REG.#7975564 ;33 E. i stration Number: / 7 5S-10 �� = MY COMMISSION Notary Re ; - 9' 7 G ; ••0 EXPIRES My Commission Expires: 61 (30 f(90a- =° •• 913012026 • �N1tiEAL:t;•of .14 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS I AL ESTATE YER SENIOR CITY ATTORNEY 7 FABIAN ENCROACHMENT EXHIBIT NORTH BAY 0 30 60 -1-EBB2 FLOOD—► SCALE: 1"=30' __ __ NOW OR FORMERLY _ __ CITY OF VIRGINIA BEACH 352 TUNA LANE , GPIN: 24332734 1 50000 t l_ INST:202I03098939 12 `�' EX.BULKHEAD m 8.9' o - - _74.5' _i - -- - TACK tr v+ N: `"• ---------) M I 5.0' 6` N 00°23'00" E 145.50' (P) `n J EX.BKHD OF \ N 00°23'00" E 141.30' (F) " '-� m HARRELL • PF I EX. RETAINING WALL OF HAWKINS \ ,/%� 7/////%,�< p00 \ Ella// t. L L. " , • . J ICM NOW OR FORMERLY / ,. � L too 0 w PAUL V. MOIRA C. HAWKINS — / .-L " -u w \ / : '' • z JL- Z 329 BACK BAY CRESCENT ` \ '// 6. 1(4,3 v N ➢ > 0 GPIN: 24332272900000 ` , / 10 ct v w n N O D.B. 4450, PG. 2030 3 STORY FRAME. { I n, w 70 0`f\ #333 BACK BAY CRESCENT N D • 2 LTH . - v -� D O D I. °Ni wN � �° ��� �c o, C�O1I�CRETE� I 0.) o Z '- y • /\ \ L:DRIVEWAYI 0 --i an .(-' SEAN E. GREEN \ \ ". •-! 4.2' •Lic. No. 0402 64005 \ "• 1 , �o .� J , o ,ee, �c,‘,9 - \ \ NOW OR FORMERLY [ '11 e z S/ONAL _ \ \ STEPHEN M. S TRACY M. FABIAN LT 333 BACK BAY CRESCENT I L GPIN: 24332273430000 m ( -\' INST:202 I 03076583 I NI.B. 67 PG. 45 °' -L J 5' DRAINAGE AND (Ni 10\ \ 4- UTILITIES EASEMENT R=125.00 L=45.16' (PLAT) -��‘ \ • L" I, GRANTED TO CITY L-45.50' (FIELD) OF VIRGINIA BEACH CHORD:S 10°48141" E 45.25' \ t (M.B.67 P.45) DELTA:20°51'22 PF r -1 1_41._L_ EXISTING S 00°23'90"W PF PF 90.00 CONDITIONS / 7 794'TO INTERSECTION BACK BAY CRESCENT WITH SAND BEND ROAD 50'RIGHT-OF-WAY EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A REF: M.B. 67, PG. 45 PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, ; EXISTING RETAINING WALL AN EXISTING BULKHEAD 7777-1, WATERFRONT �7jjs CONSULTING, INC. FOR:STEPHEN M. FABIAN &TRACY M.FABIAN,TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B.67, PG.45 MAY 10, 2023 PAGE 1 OF 5 STONE GREEN CONSULTING,LLC ®2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 , FABIAN ENCROACHMENT EXHIBIT MHW&MLW AT FACE OF NORTH BAY 0 30 60 EXISTING BULKHEAD --*--EBIb PROPOSED ELECTRIC CONNECT • FLOOD .-- OPEN SIDED _ __ o m 141.2' __ __ - SCALE: 1"=30' 4 PILE BOAT LIFT 6.0 N 5.5' PROPOSED WHARF NOW OR FORMERLY A A. N ® N 7 WITH&(2)PWC LIFTS CITY OF VIRGINIA BEAGf1 w�•� 40'� -- 40' �� in 352 TUNA LANE 14.3' -57.1' PIN: 24332734I50000 ul 40' 24.0 _ j® 97' ^ I NST:202 103098999 � -- in i'J ' —— —4- —- PROPOSED 137 LF OF — —— TACK to,ir 4.1':A'�I _ N ,�„4-4..11, \ 1 VINYL BULKHEAD WITH 1.-� �� ?'�' 1 A 12 LF& 17 LF RETURN ) 1 I� .'. /.�r" PROPOSED BULKHEAD:'.�� VA1 N----N—„ - S 89°37100"E 12' PF41 " 1 S 01°53'12"W 97' EX.RIPRAP \\ 1 , I ° I S 04 06 46 E 40 OF HAWKINS /� �� /// O NEW ELECTRICAL\ \ ////// //� Oz I N 79°34'08"E 17' UTILITY LINE \ \ 1 �t // N 00°23'00" E 145.50'(P) NOW OR FORMERLY \ 1 =_ a / a N 00°23'00" E 141.30' (F) PAUL V. $ MOIRA C. hAWKINS \ 1-. / `;; Go w 329 BACK BAY CRESCENT •/ IA±,• u:, pew GPIN: 24332272900000 . ° D.B. 4450, PG. 2030 \ \• / I�'' w n rn 3 STORY FRAME .I vw BAY CRESCENT - 100 w \ #333 BACK �' �\ m �� -< a0 • O�°\ ' L_J'"L ,I G� �i C) D NLTH of. gp \ -.i i = ours O •� `/� S \ , w00rnr -< L. Z c� SEAN E. GREEN \ \ ,., �� tic. No. 0402064005 • s �p �� \ NOW OR FORMERLY 1 Vo ' '�' �Z \ STEPIIEN M.$TRACY M. FABIAN LT GAF �� \ 333 BACK BAY CRESCENT • 10 S$�ONAL.�,� ��03\ GPIN: 24332273430000 m P \ \. L- INS-F:2021030765&3 i I M.B. 67 PG. 45 SILT FENCING FOR SITE ACCESS \ - 5' DRAINAGE AND AND PROJECT AREA 17c3‘‘ UTILITIES EASEMENT R=125.00' L=45.16' (PLAT) fO\ \ GRANTED TO CITY �� \\ I OF VIRGINIA BEACH • L=45.50 (FIELD) \ 1 (M.B.67 P.45) CHORD:S 10°48'41" E 45.25' \ DELTA: 20°51'22" IIII PF -- I- \ - 0°23' ��W -- PROPOSED PF 090.1.9p IMPROVEMENTS / 794'TO INTERSECTION BACK BAY CRESCENT WITH SAND BEND ROAD 50'RIGHT-OF-WAY EXHIBIT 'A' ENCROACHMENT REQUEST FOR A REF: M.B. 67, PG. 45 PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, EXISTING RETAINING WALL & All EXISTING BULKHEAD ' CONSULWATERTING, INC.J 1i CONSULTING, I FOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B. 67, PG.45 MAY 10, 2023 PAGE 2 OF 5 STONE GREEN CONSULTING,LLC 02023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 J • FABIAN ENCROACHMENT EXHIBIT PROPOSED OPEN SIDED BOAT LIFT CROSS SECTION L I 13' I 12'CENTER TO CENTER 1-1 BOAT LIFT TO BE INSTALLED IN ACCORDANCE WITH MANUFACTURER'S 10"DIAMETER WOOD PILING RECOMMENDATIONS AND MAXIMUM 12'ON CENTER- SPECIFICATIONS LENGTH TO BE MINIMUM 50% PENETRATION;CONTRACTOR TO SELECT ACTUAL LENGTH(SEE NOTE BELOW) PROPOSED WHARF =,�.��.� n n MHW EL: 1.5' MUDLINE MLW EL:-1.3' W\ \�i :\ \//�\j/\j\/\ \/// / //// ////\ \//\// ��y/\y/�y/v v \ \� �\^ \/\\\/\,/;M L W�jj��%�%i\%/�%j�%A,//'//'//% 2, \%\\/%%�� ,(ry- ,,( ,1 f NOTES 1. ALL TIMBER MATERIAL FOR USE IN THIS MARINE ENVIRONMENT SHALL BE PRESERVATIVE E TREATED IN ACCORDANCE WITH THE AWPA. . 2. ALL HARDWARE SHALL BE GALVANIZED IN ACCORDANCE WITH ASTM t NL T H off. A-153. `/ 3. DRAWINGS ARE FOR PERMIT PURPOSES ONLY,AND DO NOT ,o ' CONSTITUTE FULL DESIGN DRAWINGS. - 2 4. NO HYDROGRAPHIC SURVEYS OR SOIL BORINGS HAVE BEEN TAKEN 0 TO CONFIRM SUBSURFACE SOIL CONDITIONS(FOR PILE LENGTH .V SEAN E. GREEN DETERMINATION). Lic. No. 0402064005 5. ABNORMAL SITE CONDITIONS NOT READILY APPARENT HAVE NOT •BEEN TAKEN INTO ACCOUNT,AND MAY REQUIRE MODIFICATIONS TO ��C7`� -0" , THE MINIMUM PILE LENGTHS SHOWN. 6. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY DEPTH OF esS/ONAL E*G` WATER AND SUBSURFACE CONDITIONS AND TO SELECT PILE LENGTHS ADEQUATE FOR THE STRUCTURE 0 4 8 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A Imeimil PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, SCALE:11'=4' (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, EXISTING RETAINING WALL & AN EXISTING BULKHEAD IThj WATERFRONT CONSULTING, INC. FOR:STEPHEN M. FABIAN"&TRACY M. FABIAN,TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B.67, PG.45 MAY 10, 2023 PAGE 3 OF 5 STONE GREEN CONSULTING,LLC 02023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 NI (330)883-2117 e FABIAN ENCROACHMENT EXHIBIT 1 PROPOSED PERSONAL WATERCRAFT LIFT CROSS SECTION SINGLE PILING/SINGLE MOTOR, 1500 SWINGER LIFT W/ SS BOLTS MRV PILING ,., LOCK WASH:RS.ANC NUTS 1,2X 4 SS LAG BOLTS- PILING MOUNT © I FTAU IIIir TM 1' I mo U4STAILER RESPONSIBLE FOR CONCRETE SLAB DESi3NZI ! l� r' 03 RIP' :.! 04 CPO' I 11� _. I 01 a!!r+46m'' 0 . 09 ilii MAST TO ARM CONNECTION FASTS SD VJIM(61 1/YSS BOLTS W/WASNRS A�!D U NOTE:ALL O1MER BOLTS NOTSPECIFICALLY NUMBERED ARE FASTENED WITH 1/7 SS BOLTS WITH WASHERS AND SEA'//ALL MOUNT PILING MOUNT NUTS. IS4 15. 01 02 03 04 05 06 07 08 09 10 11 NOTE THS STRUCTURE MAST PILING MIWITHSTAND WIND CAPACITY MAST MOTOR HOUSING MOUNT PRIIVG CABLE 61" BUNKS BllNK CRAEME CRADLE ARM., SPEEDS A TO 157FBJ ASSEMBLY BRACKET Sf1F P69T BRAC%EiS BEAMS ARMS TEBIC>TN n 7 I6 H EDC O F.B.0 rASC 17-0,.VESSEL)Arm a.v r x m ASCE.7-0S.VESSELS SHALL 1500LBS, as,...“. ,ry s,rarxto w+.5xcti.,..7 :rec. assc..o txr.Tt , IazAV SS xa xr .Ivr.Mxfx, SO7ING STORED ONLIFT us1JU PLU00! s-I :n cw , FLIAIN:'^ COOK nw+05 wumea, AU. ,11,. a_ DURING HGx4 WND arae we NAM,S S. D'w6a KU 0A mom nno:e -we I-05W EvEN'S. owun *LIFT TO BE INSTALLED ACCORDING TO MANUFACTURERS RECOMMENDATIONS &SPECIFICATIONS � ma 00.T H OF 4��� `/c o L' SEAN E. GREEN Lic. No. 0402064005 EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A es, CG\` PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, ONAI. (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, EXISTING RETAINING WALL & AN EXISTING BULKHEAD WATERFRONT 4 CONSULTING, INC. FOR:STEPHEN M. FABIAN &TRACY M. FABIAN, TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B.67, PG. 45 MAY 10, 2023 PAGE 4 OF 5 STONE GREEN CONSULTING,LLC 02023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 ` (330)883-2117 FABIAN ENCROACHMENT EXHIBIT CONSTRUCTION OF A SILT FENCE (WITHOUT WIRE SUPPORT) 1.SET THE STAKES 2.EXCAVATE A 4"x 4"TRENCH 6'MAX. UPSLOPE ALONG THE LINE OF STAKES 1 I dli ....—_,;(-____----_-------- .,.t _____, , icy r /' ,� _Hill I I 1 �' FLOW —�/ -- / 1- r 1111 111111111----1"II, --1 III I—j 3.STAPLE FILTER MATERIAL 4. BACKFILL AND COMPACT TO STAKES AND EXTEND IT THE EXCAVATED SOIL INTO THE TRENCH .444.,%‘;'.‘0:::VI:':.4',;.•'' '.:,%!:'.;'41.. 2- ,-- s '''',.';f0;,10..V 0',0,•,ts eo;, ,., ;--/— — \�,,��if,S\{�,��\1..�•\�� I I11 .x,.__ __ ,�s •�• 4�i • III I At— `i� III If= FLOW —�/. -(Ill 1►'. 1 —i1ia _I1111 .-- ;III' III — III I_In,.,. SHEET FLOW INSTALLATION A��'�TH `/�F o� (PERSPECTIVE VIEW) �* c SOURCE: Adapted from Installation of Straw and Fabric Filter Barriers f-'SedirN E. GREEN v Control,VA: DSWC Sherwood and Wyant ••,.TE E405 . 0402064005 „46., ". EXHIBIT 'A' - ENCROACHMENT REQUEST FOR �Fss N��� PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, ��NAI.�- (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, . 74,... : EXISTING RETAINING WALL & AN EXISTING BULKHEAD a WATERFRONT CONSULTING, INC. FOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN • AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT : PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48, SECTION 3, BACK BAY MEADOWS I ENGINEERING SERVICES PROVIDED BY: M.B. 67, PG.45 MAY 10, 2023 PAGE 5 OF 5 STONE GREEN CONSULTING,LLC• 02023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 63 ITEM— VLK.6 ORDINANCES/RESOLUTION ITEM#74482 Upon motion by Council Member Henley, seconded by Council Member Schulman, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City- owned property known as Treasure Canal at the rear of 2313 Spindrift Road re construct and maintain a vinyl bulkhead with two (2) 10' return walls, a wharf two (2) boat lifts and a jet ski floating dock DISTRICT 8 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS TREASURE 7 CANAL, LOCATED AT THE REAR OF 8 2313 SPINDRIFT ROAD 9 10 WHEREAS, Sunny J. Caraco and Danielle Caraco (the "Caracos") have 11 requested permission to construct and maintain a 119' vinyl bulkhead with two (2) 10' 12 return walls, a 6' x 66' wharf, a 15' x 15' boat lift, a 12' x 12' boat lift (with a maximum 13 encroachment distance of 26.9') and a 10' x 14' jet ski floating dock (collectively, the 14 "Temporary Encroachment")within the City's property known as Treasure Canal, located 15 at the rear of the Caracos' property at 2313 Spindrift Road (GPIN: 2409-09-4534); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended,to authorize temporary encroachment upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended,the Caracos,their heirs, assigns 26 and successors in title are authorized to construct and maintain the Temporary 27 Encroachment as shown on the map entitled: "EXHIBIT 'A' — ENCROACHMENT 28 REQUEST FOR A PROPOSED VINYL BULKHEAD, PROPOSED BOAT LIFTS, 29 PROPOSED JET SKI FLOATING DOCK AND A PROPOSED TIMBER WHARF FOR: 30 SUNNY J. & DANIELLE CARACO 2313 SPINDRIFT ROAD, LOT 242, SECTION 2, BAY 31 ISLAND M.B. 48, PG. 15," Scale: 1" = 40', dated January 10, 2021, and prepared by 32 Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit"A", and on file in 33 the Department of Public Works and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the agreement between the City 38 of Virginia Beach and the Caracos (the "Agreement"), an unexecuted copy of which has 39 been presented to the Council in its agenda, and will be recorded among the records:of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Caracos and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h 50 day of July , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: . .iiiii. •• •-• , PUBLIC WORKS, REAL ESTATE . H M YER SENIOR CITY ATTORNEY CA15822 R-1 Prepared: 6/15/2023 11vbgov.com\dfs 1\applications\cityl aw\cycom32\wpdocs\d0101p046100857453.doc r CARACO ENCROACHMENT EXHIBIT aN, , 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. • 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S D(15TING131LKn 3 _410. M -Piii.' TREASURE CANAL city of virginia beach N m.b.48 p.15 EXISTING PWC FLOAT (TO BE REMOVED) EXISTING EXISTING BOATLIFT BOATUFT • (TO BE REMOVED) N\ FISTING WHARF EXISTING WHARF tP9 EX STING (TO BE REMOVED) vAs..0NG OVE B(11 _ - 5-1,371 W N 770 12,2ot W 6i.�a 57.49' 1 1 1 • i, Preben v.&Stephanie g.Raaschou GPIN:2409-09-3515 inst#20200420000342230 John E.Kubichan and Terry R. m.b.48 p.15 lot 243 Kubichan Trustees of the kubichan living trust h.m GPIN:2409-09-5563 N�` _ o inst#20181108000920050 cw13 Sunny j.&Danielle Caraco el tm• m.b.48 p.15 lot 241 �I GPIN:2409-09-4534 = N inst#20181005000825970 1u m.b.48 p.15 lot 242 — b i °v a CONCRETE DRJVE 1 • r----R= G70.62' L= 130.00' Chord = N 84°09'16°W 129.98' — - _Delta = I 1°07'22' _ SPINDRIFT ROAD 0 40 80 • 830'TO LEEWARD 5a RIGHT of WAY 5I1ORE DRIVE (REF:MB 48 P 15) SCALE:1"=40' EXHIBIT 'A'--ENCROACHMENT REQUEST FORA EXISTING PROPOSED VINYL BULKHEAD, PROPOSED CONDITIONS BOATLIFTS, PROPOSED JET SKI FLOATING DOCK • AND A PROPOSED TIMBER WHARF WATERFRONT INC. FOR:SUNNY J.&DANIELLE CARACO 0 _ , CONSULTING, I 2313 SPINDRIFT ROAD LOT 242 SECTION 2 BAY ISLAND 2589QUAurrA5323 � > > VIRGINIA BEACCHH,,V VA A 234323 M.B.48,PG. 15 PHONE:(757)425-8244,MOBILE:(757)619-7302 DATE 1/10/2021 PAGE 1 OF 2 ENGINEERING SERVICE$P11OVIDED BY: STONE GREEN CONSULTING,LLC. - C©2022 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015 AKRON,.OH 44333 j , i - CARACO ENCROACHMENT EXHIBIT - 1• THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND i PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S 11)161, /•. M PROPOSED JET SKI / TREASURE CANAL FLOATING DOCK city of Virginia beach • `o g, — ' N m.b.48 p.15 I 1171 PROPOSED. PROPOSED 119'VINYL BULKHEAD BOAT LIFT 10' 20' -_ ' WITH(2)10'RETURN WALLS 15' .7 N PROPOSED 12'x12'BOAT LIFT 107.9 OF VINYL BULKHEAD AND 7 32.8 1 r N m: ,p,y N,. 9' N- OF A RETURN WALL TO ENCROACH ti'_ �` m - -y• rsTING .- �--•-Wawa 119 �o Bu _ -_�...----_'- 87p W .�pROpEi� mEAD 2.0'FROM •°I 2' _ 7a. PROPERTY LINE TO 57.49� N 67 START OF BULKHEAD 5•MAX SEAWARD N ENCROACHMENT PROPOSED FORBuucHEAo 107.9 6'x66' J ,- WHARF I Preben v.&Stephanie g.Raaschou GPIN:2409-09-3515 inst#20200420000342230 John E.Kubichan and Terry R. m.b.48 p.15 lot 243 Kubichan Trustees of the kubichan living trust t m — GPIN:2409-09-5563 N-. ---- o inst#20181108000920050 tc)1� Sunny J.&Danielle Caraco m.b.48 p.15 lot 241 (nI— GPIN:2409-09-4534 in — inst#20181005000825970 _ uu PROPOSED MAXIMUM ENCROACHMENT m•b.48 p.15 lot 242 - o PROPOSED BULKHEAD= 12.2')(114.9' — PROPOSED WHARF= 12.2' �. z z PROPOSED BOAT LIFT= 26.9' PROPOSED BOAT LIFT 22.7' JCONCRET PROPOSED JET SKI FLOATING DOCK = 26.9' DRIVE R=670.62' L= 130,00' Chord= N 84°O9'IOW 129.98' Delta= 1 I°07'22` SPINDRIFT ROAD 0 40 80 "----- 830'TO LEEWARD 5a RIGHT of WAY SHORE DRIVE (REF:MB 48 P 15) SCALE:1"=40' EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A PROPOSED PROPOSED VINYL BULKHEAD, PROPOSED IMPROVEMENTS BOATLIFTS, PROPOSED JET SKI FLOATING DOCK ! AND A PROPOSED TIMBER WHARF w ;.; - = WATEFRONT CONSULTING, INC. FOR:SUNNY J.&DANIELLE CARACO Z589 QUALITY COURT,SUlTE323 2313 SPINDRIFT ROAD,LOT 242,SECTION 2, BAY ISLAND VIRGINIA BEACH,VA 23454 M.B.48,PG. 15 PHONE:(757)425-8244,MOBILE:(757)619-7302 DATE 1/10/2021 PAGE 2 OF 2 ENGINEERING SERVICES,PROVIDED BY: STONE GREEN CONSULTING,LLC. ©2022 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015 �. AKRON,OH 44333 I 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 Ilk' day of uY14 , 20 )3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SUNNY J. CARACO and DANIELLE CARACO, 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 "242" and as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 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 48, at page 15, and being further designated, known, and described as 2313 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 119' vinyl bulkhead with two (2) 10' return walls, 6' x 66' wharf, 15' x 15' boat lift, 12' x 12' boat lift (with a maximum encroachment distance of 26.9'), and a 10' x 14' jet ski floating dock, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED) 2409-09-4534 (2313 SPINDRIFT ROAD) 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 A PROPOSED VINYL BULKHEAD, PROPOSED BOATLIFTS, PROPOSED JET SKI FLOATING DOCK AND A 'PROPOSED TIMBER WHARF FOR: SUNNY J. & DANIELLE CARACO 2313 SPINDRIFT ROAD, LOT 242, SECTION 2, BAY ISLAND M.B. 48, PG. 15," Scale: 1" = 40', dated January 10, 2021, prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 • Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall. indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the, City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. 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. 4 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, SUNNY J. CARACO and DANIELLE CARACO, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized- Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 i SUNNY J..! RACO QOM&CuvAw DANIELLE CARACO STATE OF Ujrj is CITY/COUNTY OF r to-wit: The foregoing instrument was acknowledged before me this day of I(f f2� , 20'? by Sunny J. Caraco and Danielle Car co. (SEAL) ublic Notary Registration Number: 1g(Dcil 1;,.:*,. STEPHEN WALTER GREEN Notary Public My Commission Expires: f /�I / Commonwealth of Virginia Registration No. 7869733 My Commission Expires Jan 31, 2024 p APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SU IENCY AND FORM ..„07e -Av_ z. PUBLIC WORKS EAL ESTATE 11 '��. l'ARU ER SENIOR CITY ATTORNEY 7 CARACO ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S ' p(15TING BOLJ1E;1/41) • 3 S®M / ii., TREASURE CANAL city of virginia beach N m.b.48 p.15 EXISTING PWC FLOAT (TO BE REMOVED) EXISTING BOATLIFT • EXISTING BOATLIFT (TO BE REMOVED) WhARF EXISTING WHARF �UL 1E� (TO BE REMOVED) `5�1NG �p��fl� • • BuLKAD hE G 0 1'3�vJ N 770 12'20"W 5 .7 4, 57.49,_ 1 I I Preben v.&Stephanie g.Raaschou GPIN:2409-09-3515 i inst#20200420000342230 • John E.Kubichan and Terry R. m.b.48 p.15 lot 243 Kubichan Trustees of the kubichan P • I living trust GPIN:2409-09-5563 • o j inst#20181108000920050 NIA Sunny j.&Danielle Caraco o c m.b.48 p.15 lot 241 N GPIN:2409-09-4534 r • inst#20181005000825970 w AO- L T H 0�. m.b.48 p.15 lot 242 — b • o� `/,p �� . - z c. ? CONCRETE i c" SEAN E. GREEN I DRIVE I Lic. No. 0402064005 --5 I ' -0,--' ‘2,_ ..tk- , '� 6/25/23 \� R= 670.62' _ S�O N A l i'' Chord = NL84°09'1 O"W 129.98' Delta = I 1°07'22" _ • SPINDRIFT ROAD 0 40 80 • --"'---- 830'TO LEEWARD 50'RIGHT OF WAY 6111%.111.1111MMOMMEN! i SHORE DRIVE (REF: MB 48 P 15) SCALE:1"=40' EXHIBIT 'A' ENCROACHMENT REQUEST FOR A EXISTING PROPOSED VINYL BULKHEAD, PROPOSED CONDITIONS BOATLIFTS, PROPOSED JET SKI FLOATING DOCK 11:jr • • AND A PROPOSED TIMBER WHARF WATERFRONT CONSULTING, INC. FOR: SUNNY J. & DANIELLE CARACO a 2313 SPINDRIFT ROAD, LOT 242,SECTION 2, BAY ISLAND 2s89QL VIRGINIA BAEAAOHRVCH,VA 234A2345323 B54 M.B.48, PG. 15 PHONE:(757)425-8244,MOBILE:(757)619-7302 DATE 1/10/2021 PAGE 1 OF 2 ENGINEERING SERVICES PROVIDED BY: STONE GREEN CONSULTING,LLC. • ©2022 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015 AKRON,OH 44333 • ar CARACO ENCROACHMENT EXHIBIT imi•s 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S PROPOSED JET SKI 3 TREASURE CANAL FLOATING DOCK city of virginia beach —'�'i N m.b.48 p.15 __ --t 10.9' j'-__ PROPOSED 11.7' PROPOSED 119'VINYL BULKHEAD II BOAT LIFT t....19'.-'10' 20' WITH (2) 10'RETURN WALLS 15' ro PROPOSED 12'x12' BOAT LIFT 107.9'OF VINYL BULKHEAD AND 7' . 32.8' N m � hIN �_ 9' q OF A RETURN WALL TO ENCROACH v: = m 1 _ — � ' --- EXISTING 1 _ �� 119' ' 't 11 TO BULKHEAD is 11 �,°i.37"W PROPERN 2.0'FROM /f— N 77.I 2'20„ _ `- 67 74' LINE PROPERTY LINE TO 57.49' N START OF N BULKHEAD 5'MAX SEAWARD ENCROACHMENT PROPOSED I FOR BULKHEAD 107 9 6'x 66' I I Preben v.&Stephanie g.Raaschou WHARF GPIN:2409-09-3515 inst#20200420000342230 John E.Kubichan and Terry R. m.b.48 p.15 lot 243 Kubichan Trustees of the kubichan X PI 1 living trust ;',4-`1:?GPIN:2409-09-5563 o inst#20181108000920050 NI4 Sunny j.&Danielle Caraco L ocri m.b.48 p.15 lot 241 rI GPIN:2409-09-4534 — inst#20181005000825970 w m.b.48 p.15 lot 242 — b PROPOSED PROPOSED BULKHEAD UM ENCROACHMENT.2x110.9' I kr ���"AL T H OF L PROPOSED WHARF= 12.2' • 45 PROPOSED BOAT LIFT= 26.9' I 4� y PROPOSED BOAT LIFT= 22.7' ONCRETE , o PROPOSED JET SKI FLOATING DOCK = 26.9' DRIVE U SEAN E. GREEN a I Lic. No. 0402064005 -o_/ R= G70.62'(---- -,-)0:, ------j -.V''- � L = 130.00' 41, le. 6/25/23 G\ Chord = N 84°09'16'W 129.98' `rs/0 N Al- EN — ----__ _ _Delta = I I°07'22" _ SPINDRIFT ROAD 0 40 80 ~— 830' TO LEEWARD 50'RIGrhT OP WAY 6_%.11.1 111 SHORE DRIVE (REP: MB 48 P 15) SCALE: 1"=40' EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A PROPOSED PROPOSED VINYL BULKHEAD, PROPOSED IMPROVEMENTS BOATLIFTS, PROPOSED JET SKI FLOATING DOCK AND A PROPOSED TIMBER WHARF WATERFRONT CONSULTING, INC. FOR: SUNNY J. & DANIELLE CARACO 2589 QUALITY COURT,SUITE 323 2313 SPINDRIFT ROAD, LOT 242, SECTION 2, BAY ISLAND VIRGINIA BEACH,VA 23454 M.B.48, PG. 15 PHONE:(757)425-8244,MOBILE:(757)619-7301 DATE 1/ 10/2021 PAGE 2 OF 2 ENGINEERING SERVICES PROVIDED BY: STONE GREEN CONSULTING,LLC. ©2022 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015 ` AKRON,OH 44333 40 64 ITEM— VLK.7 ORDINANCES/RESOLUTION ITEM#74483 Upon motion by Council Member Henley, seconded by Council Member Schulman, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City- owned property known as Lake Joyce and the 20' strip of land around Lake Joyce, adjacent to 2264 Greenwell Road re maintain existing concrete and riprap and construct and maintain a proposed ramp, open sided boat lift and two (2)piers DISTRICT 9 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 j-J 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO - 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE JOYCE 7 AND THE 20' STRIP OF CITY 8 PROPERTY AROUND LAKE JOYCE, 9 LOCATED ADJACENT TO 2264 10 GREENWELL ROAD 11 12 WHEREAS, James T. Hartz and Mary M. Hartz, (the "Hartzes") desire to 13 maintain 246 sq. ft. of existing concrete and 119 sq. ft. of riprap and to construct and 14 maintain a 10' x 10' ramp, 12.5' x 12.5' open sided boat lift, 13' x 16' pier with electric and 15 water supply lines, and 24' x 5' pier within the City-owned property known as Lake Joyce 16 (GPIN: 1570-80-2438)and the 20' strip of City property around Lake Joyce(collectively,the 17 "Temporary Encroachments"), located adjacent to their property at 2264 Greenwell Road 18 (GPIN: 1479-68-5551); and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City's property subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 28 2009 and 15.2-2107, Code of Virginia, 1950, as amended,the Hartzes, their heirs,assigns 29 and successors in title are. authorized to construct and maintain the Temporary 30 Encroachments within the City's property as shown on the map entitled: "EXHIBIT 'A' — 31 ENCROACHMENT REQUEST FOR (2) PROP. PIERS, PROP. RAMP, PROP. OPEN 32 SIDED, BOAT LIFT, EX. RIPRAP, AND EX. CONCRETE FOR: JAMES T. & MARY M. 33 HARTZ 2264 GREENWELL ROAD PARCEL H, BAYSIDE, M.B. 34, PG. 52," Scale: 1" = 34 40', dated March 9, 2022, and prepared by Stone Green Consulting,_LLC, a copy of which 35 is attached hereto as Exhibit A and on file in the Department of Public Works and to which 36 reference is made for a more particular 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 Hartzes(the"Agreement"), an unexecuted copy 41 of which has been presented to the Council in its agenda, and will be recorded among the 42 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 46 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Hartzes 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 18th day of 52 July , 2023. CA15808 R-1 Prepared: 6/22/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF CIENCY AND FORM: -664_ PUBLIC WOR , REAL ESTATE A . RMEYER SENIOR CITY ATTORNEY 2 HARTZ ENCROACHMENT EXHIBIT owiliew NOW OR FORMERLY 1 NOW OR FORMERLY W CITY OF VIRGINIA BEACH JAMES T.&MARY M. HARTZ LAKE JOYCE 100x130 FT GPIN: 15708024380000 R, MO 48.3' GPIN: 14796865930000 D.B. 1018,PG. 154 RIP INST:20070314000348870 I . M.B.34,PG.52 1 PF PF PROPOSED RAMP 41.6' S 09°16'00" E 132.46' M.B. 34 PG. 52 4 �__il_ PROPOSED ELECTRICAL �' ii 3 ` o0 PROPOSED��' 65• 1, &WATER TRENCH o OPEN SIDED ' 13 • • • • . • • t 12.5'x12.5' ``t •°= • • �� 246 SF OF BOAT LIFT ; o `"-- o ;.��. 1 14' EX.CONCRETE PROPOSED 4, ,�. �� 24 %% ���\\V�\\ . • PIERS OW s, o TREE 2 STY. FRAMEiiiro ci)u) rn z -�_ PROTECTION .,` s - 4'•' o #2264 Z O � [o; 1 O K N -1 cp.P. igzi spoxi ,,�,I1 o x LAKEJOYCE N.44 � -vo�o� � 3 Noq T m EX. PIER OF 1co h5. -< BLUMLING ) EX.119 SF i� o RI • OF RIPRAP '3 NOW OR FORMERLY • 'OF HARTZ JAMES T.&MARY M.HARTZ / 2264 GREENWELL ROAD N 20'STRIP(M.B.34,PG.52, GPIN:14796855510000 c M.B.216,PG. 15,D.B.1018, INST:200401200009603 o PG: 154 PF M.B.34,PG.52 0 NOW OR FORMERLY W 0,014 OF WILLIAM L.&LESLEY A.BLUMLING b �� �'j 2268 GREENWELL ROAD 'p GPIN: 14796845070000 4 • y D.B.3400, PG.229 0o0 M.B.216, PG. 15 z ^ S AN E. GREEN 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TIT E REPORT. LIC. No. 0402 64005 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQU-. ONLY. ' I •ck• 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONU ENTS COMBINED WITH THE 14.` 5-3-23 �`w COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND I OES NOT CONSTITUTE A BOUN/ARY F SURVEY. S�ONAL E�C2 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRI IONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. PF PF N 09°16'00"W 1I0.00\1,029.1'TO • N 80°44'00" E SHORE DRIVE 5.03' REENWELL ROAD 50'RIGHT-OF-WAY T 'A'- ENCROACHMENT (M.B. 34 P. 52) EXHIBIT REQUEST FOR 0 40 80 (2) PROP. PIERS, PROP. RAMP, PROP. OPEN SIDED, 61.1116111111 BOAT LIFT, EX. RIPRAP, AND EX. CONCRETE SCALE:1"=40' FOR:JAMES T.& MARY M.HARTZ 2264 GREENWELL ROAD ENGINEERING SERVICES PROVIDED BY: PARCEL H, BAYSIDE, M.B. 34, PG.52 STONE GREEN CONSULTING, LLC MARCH 9, 2022 PAGE 1 OF 2 4014 MEDINA ROAD#1015,AKRON,OH 44333 CI2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED (330)883-2117 . y HARTZ ENCROACHMENT EXHIBIT N, TREE PROTECTION FENCING AND ARMORING l 1 IFY �lilll, .L DRIP : f$ k N41%/h, lir SNOW I 111111I �: 1100111I� I BOARD FENCE I\ I ' :; ;;: rimi"'"•':t::*1*K:i::.::::::::::::;:::::K:::::i:i*•••10.. CORD FENCE '" PLASTIC FENCE CORRECT METHODS OF TREE FENCING \A,\A. II IC/ - 11 ►A l Vill11101 1l0l mmi , . Einitisis,„ \ �� - CORRECT TRUNK ARMORING O' �1) . go a 4� . TRIANGULAR BOARD FENCE Z �' SEAN E. GREEN Source: Va. DSCW Plate 4.38 t2 . No. 0402064005 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR -0� .� (2) PROP. PIERS, PROP. RAMP, PROP. OPEN SIDED, /F 5-3-23 G\'`' BOAT LIFT, EX. RIPRAP, AND EX. CONCRETE SS/ONAL t FOR:JAMES T. & MARY M. HARTZ 2264 GREENWELL ROAD ENGINEERING SERVICES PROVIDED BY: PARCEL H, BAYSIDE, M.B. 34, PG.52 STONE GREEN CONSULTING, LLC MARCH 9, 2022 PAGE 2 OF 2 4014 MEDINA ROAD#1015,AKRON,OH 44333 ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED (330)883-2117 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 13-ra day of J(JN6 , 2023, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JAMES T. HARTZ and MARY M. HARTZ, 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 Parcel "H" as shown on that certain plat entitled: "PROPERTY OF EVA E. GREENWELL LOCATED NEAR LAKE JOYCE - PRINCESS ANNE CO., VA.," Scale: 1" = 100', dated March 15, 1953, prepared by W. B. Gallup — County Surveyor, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 34, at page 52 and being further designated, known, and described as 2264 Greenwell Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain 246 sq. ft. of existing concrete and 119 sq. ft. of riprap, and to construct and maintain a 10' x 10' ramp, 12.5' x 12.5' open sided boat lift, 13' x 16' pier with electric and water supply lines, and a 24' x 5' pier, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: 1570-80-2438 (City Property known as Lake Joyce) 1479-68-5551 (2264 Greenwell Road) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City-owned property known as Lake Joyce and a 20' strip of City-owned property around Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 Encroachments. It is expressly understood and agreed that the Temporary Encroachments 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 (2) PROP. PIERS, PROP. RAMP, PROP. OPEN SIDED, BOAT LIFT, EX. RIPRAP, AND EX. CONCRETE FOR: JAMES T. & MARY M. HARTZ 2264 GREENWELL ROAD PARCEL H, BAYSIDE, M.B. 34, PG. 52," Scale: 1" = 40', dated: March 9, 2022, and prepared by Stone Green Consulting, 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 2 Encroachments 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 City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to Lake Joyce, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with.a street address of 2264 Greenwell Road. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments 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 Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the 3 1 1 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 Encroachments 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. 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 Encroachments. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments 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 Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what 4 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 ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JAMES T. HARTZ and MARY M. HARTZ, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 JA S T. HARTZ i TY) . 11CA MARY M ARTZ STATE OF VI RGINM CITY/COUNTY OF Oin CSc ?G -eto-wit: The foregoing instrument was acknowledged before me this l day of , 2023, by JAMES T. HARTZ and MARY M. HARTZ. AL) ary Public X. Gil Notary Registration Number: 35(oCoq -s,$t RY , � ti My Commission Expires: 6- ` -off( puBLiC z o NREG#35669.3.,/�FA LIAk O APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM - -41'11, ') ,) SIGNATURE 'DANV R. ARMEYER SENIOR CITY ATTORNEY PUBLIC WORKS/REAL ESTATE 7 HARTZ ENCROACHMENT EXHIBIT NOW OR FORMERLY \ NOW OR FORMERLY W CITY OF VIRGINIA BEACH JAMES T.&MARY M. HARTZ LAKE JOYCE 100x130 FT GPIN: 15708024380000 MO 48.3' GPIN: 14796865930000 Z_Ai D.B. 1018,PG. 154 RIP-- INST:20070314000348870 Arlo-h M.B.34, PG.52 WA PF PF PROPOSED RAMP ;•• 41.6' S 09°16'00" E 132.46' • M.B. 34 PG. 52 o ' v! ''Ilif I• PROPOSED ELECTRICAL PROPOSED Vi.f=' 65 1, &WATER TRENCH c OPEN SIDED ` - , • • •• •. • • t 12.51x12.5' `I� ' . n, Man 246 SF OF • o BOAT LIFT Via: ',Q _ '11 PROPOSEDi,?...„7 ��t ;O 24 2 ,„, . ( PIERS :�: s- low cm TREE u' 2 STY. FRAME z 0 m PROTECTION' .t.. 4 •• o ► #2264 O p y ry'�i�t O Kr.) -I �, Q,,�,. AO - o0 o 6, O LAKE JOYCE 1--� o o oNo :u 3la �.4 Ooo°D -0:/ EX.PIER OF J To co m� BLUMLING EX.119 SF •)--, . N OF RIPRAP Q' NOW OR FORMERLY 'OF HARTZ JAMES T.&MARY M.HARTZ 20'STRIP(M.B.34,PG.52, GREENWELL ROAD / 2264 GPIN: 14796855510000 NJ M.B.216,PG. 15,D.B.1018, INST:200401200009603 o PG.154 PF M.B.34,PG.52 NOW OR FORMERLY LU . p,L T H o, WILLIAM L.&LESLEY A.BLUMLING o `� 2268 GREENWELL ROAD /'per GPIN: 14796845070000 ; - i D.B.3400,PG.229 co ^ ; M.B.216,PG. 15 z S AN E. GREEN 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TIT E REPORT. Lic. No. 0402 64005 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQU-•T ONLY. _ •, 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MON ENTS COMBINED WITH THE 0' COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND 'OES NOT CONSTITUTE A BOUN/ARY .4` 5-3-2��(-_ `' S SURVEY. /O N AL 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRI IONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. PF • PF N 09°16'00" W 1 0.00' 1 029.1'TO N 80°44'00" E SHORE DRIVE 5.03' 'EENWELL ROAD 50'RIGHT-OF-WAY (M.B. 34 P. 52) EXHIBIT A - ENCROACHMENT REQUEST FOR 0 40 80 (2) PROP. PIERS, PROP. RAMP, PROP. OPEN SIDED, 6milillimimisimmomml BOAT LIFT, EX. RIPRAP, AND EX. CONCRETE SCALE:1"=40' FOR:JAMES T.&MARY M. HARTZ 2264 GREENWELL ROAD ENGINEERING SERVICES PROVIDED BY: PARCEL H, BAYSIDE, M.B. 34, PG.52 STONE GREEN CONSULTING, LLC MARCH 9,2022 PAGE 1 OF 2 4014 MEDINA ROAD#1015,AKRON,OH 44333 ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED (330)883-2117 HARTZ ENCROACHMENT EXHIBIT N TREE PROTECTION FENCING AND ARMORING l 1 ir/ "vj, ,� Li,. I , ,.',....,.._is le --e-- i :::: , jjjj N p✓ jilt, I bit ...<,, , CE 0141601.tftlhil r). 1 II 11 iIII / ILII l I i i , I'. amli NIlk II]Vi4r1.,_ :f.:„......... : .....x.:•2::!:1 ' , ii INasi/ BOARD FENCE •••••• l 1 ' N•`• 01111J1r-O . CORD FENCE ::'. PLASTIC FENCE CORRECT METHODS OF TREE FENCING \A,146 I I IA1/\17- --.- MI r , Popp .r.- OP,..19.10it ........,...... .--... ,,.,. ..... - Edina. .00. - --er"v--- °- 00,4 �� CORRECT TRUNK ARMORING ,' 61 TRIANGULAR BOARD FENCE SEAN E. GREEN Source Va. DSCW Plate 4. 38 2 C. No. 0402064005 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR ,°� __L Afz...,..„.... .� (2) PROP. PIERS, PROP. RAMP, PROP. OPEN SIDED, ,`F 5-3-23 e BOAT LIFT, EX. RIPRAP,AND EX. CONCRETE SS/0 NAL E* FOR:JAMES T. & MARY M. HARTZ 2264 GREENWELL ROAD ENGINEERING SERVICES PROVIDED BY: PARCEL H, BAYSIDE, M.B. 34,PG:52 STONE GREEN CONSULTING, LLC MARCH 9,2022 PAGE 2 OF 2 4014 MEDINA ROAD#1015,AKRON,OH 44333 Q 2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED (330)883-2117 65 ITEM— VLL.1 PLANNING ITEMS ITEM#74484 Upon motion by Council Member Henley, seconded by Council Member Schulman, City Council APPROVED,AS CONDITIONED,BY CONSENT,application ofPORPOISE,LLCfor a Conditional Use Permit re short term rental at 604 20h Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PORPOISE, LLC for a Conditional Use Permit re short term rental at 604 20t1i Street(GPIN 24179745950000)DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 604 20" Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the City Zoning Ordinance (CZO) or as approved by City Council. 5. The Conditional Use Permit(CUP)shall expire five(5)years from the date of approval. The renewal process of the Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development;however, the Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. The Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physically present at the Short Term Rental within one (1) hour. July 18, 2023 66 ITEM— VLL.1 PLANNING ITEMS ITEM#74484 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of the Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. July 18, 2023 67 ITEM— VLL.1 PLANNING ITEMS ITEM#74484 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of sixteen (16),provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative,shall provide to the Department of Planning and Community Development permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one (1)fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one (1) smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve (12) months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. July 18, 2023 68 ITEM— VLL.1 PLANNING ITEMS ITEM#74484 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18th day of July Two Thousand Twenty Three. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 t i i t t t f '-\=9,,,it'.....----' } ` } -tree r „ 13 ,\,, t\ ,, t \".)R t l i4 t t:\,_____________--- 1�4 _ -=r _= 2 t C ''- :\ Z� \V \,\coo..\\ \ .._----------- 000 , \-1i\ ,,, \,13 � . `� t tt\2 ,,, , , ., i �� kAA s \ �- �' � .ram - ilk , 4 \VA t -r t CD _,_.,_------- \\_\_ \ , ,. \\ ./\ \\l--- --- OR t 'i _- = N_a �' �' � C ��gth st�ee i VZ Site i1 Property Polygons Porpoise, LLC 5 Q Zoning 604 20th Street Building Feet 0 15 30 60 90 120 150 180 69 ITEM— VLL.2 PLANNING ITEMS ITEM#74485 Upon motion by Council Member Henley, seconded by Council Member Schulman, City Council APPROVED,AS CONDITIONED,BY CONSENT,application ofPORPOISE,LLCfor a Conditional Use Permit re short term rental at 606 20`'`Street, Unit A DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PORPOISE, LLC for a Conditional Use Permit re short term rental at 606 20''' Street, Unit A (GPIN 24179745440000) DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 606 20t Street Unit A and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the City Zoning Ordinance (CZO) or as approved by City Council. 5. The Conditional Use Permit(CUP)shall expire five(5)years from the date of approval. The renewal process of the Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development;however, the Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. The Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physically present at the Short Term Rental within one(1) hour. July 18, 2023 70 ITEM— VLL.2 PLANNING ITEMS ITEM#74485 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of the Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection); 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a Short Term Rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. July 18, 2023 71 ITEM— VLL.2 PLANNING ITEMS ITEM#74485 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of sixteen (16),provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative,shall provide to the Department of Planning and Community Development permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one (1)fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a.form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. July 18, 2023 72 ITEM- VLL.2 PLANNING ITEMS ITEM#74485 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`"day of July Two Thousand Twenty Three. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 r Jt� � _ _- __- _ III ''ll� 2011 r y/ ç \ I\ 1 0 1. \ , I� Q s �t I� ly \\ 1 y l 0 n 'I \\I \, • ti . 1\ 0 0 t 1'IS I i. _ter--""�� '1 1 1� \, ____ .----- _ I \ \I\ __,....--v ti -_ Is ,, ,,,, ,,,,,,,, , ,1 `I. Sitew-e." 1 Property Polygons Porpoise, LLC IIIII Zoning 606 20th Street, Unit A Building Feet 0 510 20 30 40 50 €0 73 ITEM— VI.L.3 PLANNING ITEMS ITEM#74486 Upon motion by Council Member Henley, seconded by Council Member Schulman, City Council DEFERRED TO AUGUST 15, 2023, BY CONSENT, application of NICHOLAS IULL4NO for a Conditional Use Permit re short term rental at 505 20`'' %Street DISTRICT 6(Deferred from June 20, 2023). Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 74 ITEM— VLL.4 PLANNING ITEMS ITEM#74487 Upon motion by Council Member Henley, seconded by Council Member Schulman, City Council DEFERRED TO AUGUST 15, 2023, BY CONSENT, application of JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20"' '/2 Street DISTRICT 6(Deferred from June 20, 2023) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 75 ITEM— VLM APPOINTMENTS ITEM#74488 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS.• ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION WETLANDS BOARD July 18, 2023 76 ITEM— VLM APPOINTMENTS ITEM#74489 Upon NOMINATION by Council Member Henley, City Council APPOINTED: ANDREA LINDEMANN Unexpired term thru 6/30/2024 Plus three year term 7/1/2024—6/30/2027 BAYFRONT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 77 ITEM— VLM APPOINTMENTS ITEM#74490 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: ELLEN ELLIS VIRGINIA ROUNTREE (At Large Members) Three year term 9/1/2023—8/31/2026 COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 78 ITEM— VLM APPOINTMENTS ITEM#74491 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: HEIDI DANIELS Three year term 9/1/2023—8/31/2026 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 79 ITEM— VLM APPOINTMENTS ITEM#74492 Upon NOMINATION by Council Member Henley, City Council APPOINTED: RONNIE PARKER (Development Authority Liaison) Unexpired term thru 9/1/2023 -2/29/2028 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 80 ITEM— VLM APPOINTMENTS ITEM#74493 Upon NOMINATION by Council Member Henley, City Council REAPPOINTED: JOHN OLIVIERI Three year term 9/1/2023—8/31/2026 OPEN SPACE ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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: Mayor Robert M. Dyer July 18, 2023 81 ITEM— VLM APPOINTMENTS ITEM#74494 Upon NOMINATION by Council Member Henley, City Council APPOINTED CITY COUNCIL LIAISONS: VIRGINIA BEACH VA250 COMMITTEE Robert W. "Worth"Remick Dr. Amelia N. Ross-Hammond Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, 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 Rosemafy Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer July 18, 2023 82 ADJOURNMENT ITEM#74495 Vice Mayor Rosemary Wilson DECLARED the City Council FORMAL SESSION ADJOURNED at 6:22 P.M. ( , e ' . elius Chief Deputy City Clerk 1 .\(\t/ A nda Barnes,MMC Rosemary Wilson City Clerk Vice Mayor City of Virginia Beach Virginia July 18, 2023