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Home My WebLink AboutSEPTEMBER 19, 2023 INFORMAL AND FORMAL SESSION G1 4 4( �U . . i .I,- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 19, 2023 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, September 19, 2023, at 2:00 P.M Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, , 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: N. D. "Rocky"Holcomb—Arrived at 2:20 P.M 2 CITY COUNCIL'S BRIEFING PUBLIC HEALTH UPDATE ITEM#74679 2:03 P.M. Mayor Dyer welcomed Dr. Caitlin Pedati, Director— Virginia Beach Public Health District. Dr. Pedati expressed her appreciation to City Council for their continued support and provided the following updates: - Seasonal flu and COVID vaccines are encouraged for everyone and are now available through the same sources as the flu and other vaccinations - The Health Department provides vaccines for uninsured adults and children under the Bridge to Access Program for adults and the Vaccine for Children Program for children. - The current and most common strand of COVID is "EG5"or "Eris" - Since many people are not getting COVID testing or are testing at home, the tracking of cases has changed from counting reported cases to "syndrome surveillance", which tracks hospitalization and COVID type symptoms cases to measure the level of COVID activity. - The number of residents experiencing COVID type symptoms and hospitalizations have increased but are well below those during the pandemic. Below are the statistics for hospitalizations: - Nationally, there are 5.25 admissions per 100,000 residents - Statewide, there are 4.06 cases per 100,000 - Citywide, there are 4.9 cases per 100,000 Mayor Dyer expressed his appreciation to Dr. Pedati for the updates. September 19, 2023 3 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 2:22 P.M. Mayor Dyer welcomed Jeffrey Waller, P.E., Chair—Flood Prevention Bond Referendum Oversight Board and Leisha Pica, Program Manager—Jacobs Engineering. Mr. Waller expressed his appreciation to City Council for their continued support: VB ��..o BEACH Jacobs Flood Protection Program City Council Update Jeffrey Waller, P.E.,Citizen Oversight Board Chairman Leisha Pica, P.E.,Jacobs Engineering September 19, 2023 The next few slides summarize the Annual Report: VIRGINIA •!e BEACH Flood Protection Bond Referendum Oversight Board ----�-- 2022-2023 Annual Report to City Council .ram_ Jeffrey Waller,P.E.,Citizen Oversight Board Chairman - _ September 19, 2023 4 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 (Continued) Accomplishment of Goals&Objectives Established Monthly Board Updates to City Council District Oversight Board Meetings Council Meetings • In mid-2022 • City staff liaisons • Chairman • Board members seven volunteers provided regular provided updates attended City with varying detailed briefings quarterly at the Council District backgrounds on design City Council Meetings and were selected. standards, Informal project specific At the second procurement, Meetings. public meetings. meeting a operations,and chairman and projects. vice-chairman were selected. Goals and Objectives for Upcoming Year • Complete the Master Project Briefings with ' •T Central Resort District and Southern Rivers. • • " ?ti • Participate in project site visits including a " , p + pump station visit and Windsor Woods Tide r r° •• Gate project. 4.7 • Continue quarterly presentations to City Y Council • 4"'• • Increase public awareness of the Bond Referendum projects. September 2.2029-Construction Underway at in.Bow Creek St0rmwabr Park September 19, 2023 5 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 (Continued) Recommendations to City Council Ilk lgi • Media and Communications available to support an increase in Public ., :,,,...t F^x; Awareness —�+► '""^ .0.,; Ps • Council Members to attend meetings f °; � '� '" that are relevant to their district •,ffyTT wa,,, 4 • Consider having updates on the Flood Protection Program projects at Community Meetings "unmet U,2023-Windsor wood.Tide Clete Construction Mr. Waller turned the presentation over to Ms. Pica to provide the Program Updates: Jacobs ool,r'ra.. r,j7 , .7 _ Program Updates ts. : ,,-opik �";Sr 0 Q3 2023 , .- yi Leisha Pica,P.E.,Jacobs Program Manager .r North Lake Holly Construction Photo July 2023 September 19, 2023 6 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 (Continued) Q3 2023 has been a busy quarter for the FPP!! Key Design Construction Construction Procurements Milestones Starts Finishes 30%design Ca Hen Design-Build Poinciana Pump Station Old Forge Road& vi Contract ESD Roadway Drainage Red Lion Drainage Canal Gravity y Windsor Woods/PAP/ Phase 1 F&1G Improvements Sewer Relocation The Lakes Bundle 60%design f,Creek Lake Pleasure + Owner's Rep Services Santlbddge New Bridge Stormwater Park House Outfall West Neck Intersection (Section 1) Creek Bridge 90%design Elizabeth River Floodplain Restoration 100%design Seatack Drainage Here is a Current Status of Flood Prevention Program (FPP)Projects: Current menme"r Dean wd., Construction tuu„e Molests Engineering com,or<bn compete Status of Vu°"dfprd/ Parton Shore Drive Windsor Woods Cub coca.Road Vista Circle Chubb Lake IFSDI nlln.n°wdN Tide Gtt• Dnlnyelmprwem•ms Pump Station FPP Projects P"°°w1011&o N.11 D Church POW SSD Roadway Drainage lake Medford Caw nano Canal&WON Tlpmeh/erd IMP Imgwwn•ma If Dredging•dring Sewer Rebutlon procurement \Carkerem 901t SeMb• pl! FFinishn Do *,20.21 Pu,I{e leery Road Poinciana South PIM Trill/ Lab Pknu" uu Pump SOW. Pr"d•rdal°Nd Dnine°• tmplavlmn" Nou•Oud•II 9p1{¢9lwnMrPOPS improvements real Rear SalWNWra/New Bridge Bow creek Meld Oran ge ge tnnw ,wp• len Improvements Stomr Perk Owners Rap ImeewprmOb fin l•qm. Mr 2023 (Section O West Ned Creek _. °°w Creek OW Sorge Root end lion Bridge aemmwnar Part(Section 2) D"leeg•Imprw•Ieerb xnaueersov I0%Nru S0H EltraMh •.... MaIOeMRd ANa Doer Meriden R•tlwatlpn Windsor W ood/ Sp0 Lq.mber1OD PAP/me lases FM Colonial Rd/O0•n•WNI DaegmWlldgundk Dnimge Improvements Duy,NW Mein serearon 9p4 November NM SbMmltrAlull Seated Drainage barayWa Improvement. t00%sepMmb.r]Nr Peck Sae Marsh Restoration ISM AtlnML September 19, 2023 7 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 (Continued) The next several slides provide Supply Chain Economics Updates: Jacobs ingt . Reinvendng tomorrow. Supply Chain Economics Update Q3 2023 Commodity Inflation Rates Commodity Inflation Rates 100, w.0r l00% 400% 300% 300% lOml II IR I1. 1. I I Ii . I' II an ■■ ■ _,O p% Corrcnle Cap•e.' Fled ricer Gear heel Pump Starer.% SI NOa valuer 1a0% tl 0% •01 2031 •03 2011 0041021 011013 •022013 3031023 10 September 19, 2023 8 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 (Continued) Labor Inflation Rates Labor Inflation Rates 350% son' 050% 20001 13.0% ', Ii Ii l00% SPt O.M Comsat.CW0y030 Constr0ctlon y0m CI•¢Mal Contractor General Cactr•dOr •02 2012 a012022 s 0022 032023 x012023 •032002 4 Equipment Lead Times a Equipment Lead Times(weeks) 90 80 70 60 SO gg an �f �I "iii IIIIII II III II Friser/ants Gwynten Meter CaMmlfanten SwRtl•••r YnMyrSOyytl Yowar Wales prt., [ WnywSystTgtmant Supply SY••,.n System 11022022 0032022 1042022 rQLW23 •122023 •CIS 3023 I ss September 19, 2023 9 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 (Continued) Fuel Cost Trends Fuel Price per Gallon $7.00 sbro Kn Ss nD Ku Nm KM Svno K» 02.00 SLOP f000 ♦ ' eo-avo`Q� ,��Y�`0d oa PO 10 ++}r*''tP4J��Nf4d-0f4�F4d9.0'-0Op9+�3.+�-0y9d9 --Gflefn*NI4w —Dnxynw.r DWl fuel v Jacobs ' .D.,. Program Benchmarking Approach Estimate and Schedule Reporting September 19, 2023 10 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 (Continued) Benchmarking the FPP Benchmark=a standard to which something is compared to measure performance. - Program needs an on-going way to measure project&program variance - Recommend a reasonable approach based on industry standard - Replace the current practice of using the annual CIP for B E N C I-I Oversight Board&Council reporting performance MARKING Program Estimate Metric September 19, 2023 11 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 (Continued) Here is the Current Approach for Reporting Program Estimate: Current Approach for Reporting Program Estimate Estimate variance is reported at the master project level and compared against FY23 CIP(project stages may vary) VBFPP Total Program Estimate pp PH Monthly PeMns wnar 15wa sw 19W 199e -.•n. v. rw»a X: If Ws.d f W lIkt.t MYbs $2a51 $OLE 22\ 255n 5W2 sm, svw. Ustern Hoe Dove 521.9 p21 B'+ 5999 uge Oaten r3uhd We 51211 5151.3 26t 5295 SH. 519. CemM lesM Orstral SSnA $5139 D% 5 900Mm MMSW0MYM3 $KS $9a.0 RA • Sn' ttOrnwelw WanlMnsvunue $IQO 5581 efi5, LNldn Dry dame Urn $$.0 512.5 11% 3etW 5254.5• r5ww( l>Y . ..•• •&fulmar e:as determined anxWy by swore.2013CIP Subjective style of reporting on estimate variance Here is the Proposed Approach for Reporting Program Estimate: Proposed,Approach for Reporting Program Estimate Estimate variance is reported at the master project and project level and compared against the estimate from a set point in the project Objective style of reporting on estimate variance September 19, 2023 12 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 (Continued) Here are the Planning Estimates: • Conceptual Projects Set Point 01 PlanningEstimates • Preliminary Engineering Report Estimate • Represents an interim estimate 11 PROJECTS IN PLANNING CURRENT PHASE PUNNING ESTIMATE CENTRAL RESORT DISTRICT DRAINAGE IMPROVEMENTS(DESIGN-BUILD) PLANNING $113.0 EASTERN SHORE DRIVE BUNDLE PLANNING $43.4 • ESD CAPE HENRY CANAL DRAINAGE IMPROVEMENTS,IF&1G PUNNING $3.1 `o ESD POINCIANA PUMP STATION PLANNING $9.4 ESD VISTA CIRCLE PUMP STATION 1A PLANNING $18.1 c CHURCH POINr/THOROUGHGOOD BMP&CONVEYANCE PLANNING $43.9 CAKE BRADFORD/CHUBB LAKE PS&OUTFALL(DESIGN-BUILD) PLANNING $102.4 t PUNGO FERRY ROAD IMPROVEMENTS PLANNING $19.0 ▪ WEST NECK BRIDGE(DESIGN-BUILD) PLANNING $69.0 BOW CREEK STORMWATER PARK(GOLF COURSE-SECTION 2) PLANNING $53.9 WINDSOR WOODS/PAP/THE LAKES BUNDLE(DESIGN-BUILD) PLANNING $337.9 TOTALS I- S813.0 Here are the 30%Baseline Estimates: Set Point 02 • More project information discovered/known • Baseline project cost estimate at 30%design • Baseline estimates do not change throughout project 30%Baseline • Difference between current estimate&baseline=variance 16 PROJECTS WITH BASEUNE O 30%DESIGN 0RM WT PHASE BASELINE 30% ESTIMATE FIRST COLONIAL ROAD AND OCEANA BLVD DRAINAGE IMPROVEMENT 30 $7.0 SANDBRIDGE/NEW BRIDGE INTERSECTION IMPROVEMENTS 30 $00 ELIZABETH RIVER FLOODPLAIN RESTORATION PROJECT 60 $10.9 MARSH RESTORATION IN BACK BAY 90 $26.7 SEATACK NEIGHBORHOOD DRAINAGE IMPROVEMENT 100 $6.9 ESD CAPE HENRY CANAL PHASE II-GRAVITY SEWER RELOCATION SC CONSTRUCTION $2.9 R LAKE BRADFORD DREDGING CONSTRUCTION $19 I BOW CREEK STORMWATER PARK(GOLF COURSE-SECTION 1) CONSTRUCTION $42.1 LAKE PLEASURE HOUSE OUTFALL CONSTRUCTION $.B OLD FORGE RD&RED LION RD DRAINAGE IMPROVEMENTS CONSTRUCTION $4.2 g SOUTH PLAZA TRAIL/PRESIDENTIAL BLVD CONSTRUCTION $6.5 WINDSOR WOODS TIDE GATE CONSTRUCTION $11.4 CLUB HOUSE ROAD STORM DRAINAGE COMPLETE $4.9 LAKE BRADFORD/CROSS LAKE PER/DESIGN COMPLETE $.0 GREEN INFRASTRUCTURE(PARENT) COMPLETE $.0 WINDSOR WOODS DRAINAGE COMPLETE $.9 TOTALS t$104.1( September 19, 2023 13 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 (Continued) Planning Estimate vs. 30% Design Planning Estimate 30% Design Determined best approach for Sufficient Information gathered from field and engineering evaluations to establish a solving flooding problem. Basis of Design that includes major project decisions. • • Problem Cost Site Selection Building Mechanical Electrical Celt Wl"al needs tc.be Class 5 estimate Site Layout Code&Standards Equipment teycut Primary Supply Class 3 estimate solved was , based on similar Alignment Spare Requirements Hydraulics Electrical based on quotes quanulied projects Legal D pnans Bldg Roof Selectionfunctional Requirements and limited Drainage Foundation Design Requirements Back-Up Prove W,rtOy info I . OPUar Field Data O&M Permitting Coordi nation Multiple strategies Geotecflnical Marsule Ruren Wetlands,drainage, Construction Design& evaluated for Groundwater Material Quality Habitat,species, Schedules solving the problem Soil Conditions Accessibility building,impacted Utility Conflicts Safety area utility Rebcatons Proposed Approach for Reporting Program Estimate $185M BL $134M BL $SIM PROJECT PROJECT PROGRAM 11 /EESTIMATES BENCHMARK VARIANCE 1 .Bl PROJECTS $185M • 1 AT v, ._ 0 CURRENT ESTIMATE TOTAL$99eM BENCHMARK TOTAL$947M September 19, 2023 14 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 (Continued) Here is a comparison of Current vs Proposed Reporting Metrics: Current vs Proposed Reporting Metrics Current• Iiii m Proposed 5na ..>. . 1 1"ufrom31 IN II li ' imMI Y.n New M'ean.PUM1mf YfiW SY11 SW �.,� 0w I sn 2 OS +avM ma MM..fn{Y u.e 51r91 MI 3. w Yx.6.04.m IS.SS S.0 51110 0. 41Ye MO F I5, ..S5ae5Una SIS0 S5f0 55 __ y' Sam.*Gm MT.hun - MS p51 5A Mm mon,. MSmm V. WI who Yr6rW We MS Nll YYI.,M O'wyS M^ SIIS SITS _1 , . I MM �S Sn MIS MU 5 MY M prnnev Project Baseline Timeline (Remaining 11 Projects) Anticipated timeline when planning project reaches 30% Design Churchpoint/Thoroughgood BMP M Bow Creek Section 2 in N Central Resort District(Design-Build) oPoinciana PS Q West Neck Bridge(Design-Build) N Eastern Shore Drive 1 F&1G Drainage N Lake Bradford/Chubb Lake PS&Outfall a 0 b Pungo Ferry Road OWindsor Woods/PAP/The Lakes Bundle N Eastern Shore Drive Bundle Vista Circle PS September 19, 2023 15 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 (Continued) The remaining slides provide updates to the Program Schedule: Program Schedule Current Approach for Reporting Program Schedule Schedules are reported at the project %exmim.r b„ueonH c.n%mrtron 0502050wr level,they are ever evolving and I%II554 r. Derm SUN Campine highlight monthly changes. � 6mr.mn.esm.e„a U I �J I w.%.a.ewee aub aouv bed 000% IW% 100% 10C% Zi% winewr weee.liee e%e Neu 100% 1a6% 100% 012026 SONh%.0 fue(preveemul plre Drrna[e lmpraremenh 1661i 100% 100% 101% 03 HH Old Pore Y a fled ben 1%°Nonage Improvement. 100% 100% 100% vtl% 04 Hx° .,., a..ii. 10014 100% IOD% 10014 OI HH e..„n m�rerr sn. se„lone 100% 100% 01 HH 03 Mt 00 H]0 41111.111111.1.1.1.11.11.611 ^ree4Om Updated Sine.list Report Subjective style of repotting on project schedules September 19, 2023 16 CITY COUNCIL'S BRIEFING FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE ITEM#74680 (Continued) PROPOSED Reporting Approach for Program Schedule Schedules will be reported at the project premiere eMunoato construction construction level,The baseline schedule will be set with mdnwnris "Ma" ek stn complete the approved 30%design submittal. nndeyrt esdreule peegneidauae {J .1*Q1 Project completed par beseline eaMYY 011031 01 MN 042011 03103E 02 PM wnedula Current J J J J J -Current with J denotes on schedule -Current with a date indicates a change from baseline, Objective style of reporting on project schedule -Greet Indicates a dune from the previous monthly report n Questions? Leisha Pica(leisha.pica@jacobs.com) Mayor Dyer expressed his appreciation to Mr. Waller and Ms. Pica for the presentation. September 19, 2023 17 CITY COUNCIL'S BRIEFING DOMINION ENERGY EASEMENTS UPDATE ITEM#74681 2:52 P.M. Mayor Dyer welcomed LJ Hansen, Director— Public Works. Mr. Hansen expressed his appreciation to City Council for their continued support: Here is the Project Background: Offshore intraconnecton Ir*,t FYcton Srteorre ap4 OnY.de Iabrvo e1 location Cable .� TrwWm Oeenwe Sets al on ``` l•4 - L ^�y.e-.... WIG SWon &bYmn �MeOae— FgMNian \ / Offshore T,rctflss InsWYaeon Punch or Onshore aear.Nray Cade export Cable Project Background • Coastal Virginia Offshore Wind(CVOW)is a commercial,renewable energy project being developed by Dominion Energy 27 miles off the coast of Virginia Beach • 176 wind turbines • 2.6 gigawatts can power up to 660,000 homes • Turbines come on line in July 2025 and fully operational by early 2027 September 19, 2023 18 CITY COUNCIL'S BRIEFING DOMINION ENERGY EASEMENTS UPDATE ITEM#74681 (Continued) The next three (3)slides provide Staff and Community Engagement efforts: Staff Engagement PRELIMINARY • Dominion engaged City staff i OR RC early 2021 on a number of • RPoSF, • - proposed routes • -i , F se. • Public Works,Planning, Economic Development, _ Public Utilities,City • '' Attorneys Office,and Par ,; &Rec 512612021 — '—agrav^— PIr _...._....-Z.._.__. Community • Community engagement through a series of public meetings beginning in Spring 2021 Engagement Wed.F1.0.51102021 w.n..Jaw z2.2021 Mon.J.n.31.2o21 1*.M8.001.M121 12000m 800e0, i200v^, 800em WrCI lne re,.rdp W Me meeting W.rtnm.r.,w4ry MP*^w,R W.00 m.r.,wdy N me m..up Nino.me Oils hem M.%m.mm2 iw_Week 42021 Ti....Meech 21021 Toes.M.re*A 2.2021 100•.m 12000m 800.m .mrnar.0341,omm,m..r,00 w.,,1ro..wnr..mm,.m..nry W.r.ndsaon.0mm.m..,mF • September 19, 2023 19 CITY COUNCIL'S BRIEFING DOMINION ENERGY EASEMENTS UPDATE ITEM#74681 (Continued) 101•010110., •�W.Ahai a�....r..r—.... ♦ p .vn.- '�.s•..•..w. rrw.. ♦ �••• r,•r.r•rw,•. ro..r ..... ♦ ... 9 ,. ▪rarr �.�r�+,.•....c+•..•. r ,fir .........r..., Additional Community Engagement • Dominion also engaged in individual and small group meetings,workshops,and roundtables. • Employed a local historian and directly engaged historically underrepresented communities and Native American tribes. • They also launched an online Interactive tool called GeoVoice,which provided community members the opportunity to review the route options and share feedback. The next several slides provide aerial views of the Easement Route: • Consideration was given to visual and environmental •• impacts with respect to engineering and constructability constraints. a Much of the route utilizes existing alignment of the • Southeastern Parkway&Greenbelt • At least 150'of the 300'wide SEPG ROW remains available to the City • Route was approved by the SCC in Aug.2022 • f . • het • «rake •a . Easement Routing September 19, 2023 20 CITY COUNCIL'S BRIEFING DOMINION ENERGY EASEMENTS UPDATE ITEM#74681 (Continued) oi� Easement Routing ==■ Easement Routing =--==■ September 19, 2023 21 CITY COUNCIL'S BRIEFING DOMINION ENERGY EASEMENTS UPDATE ITEM#74681 (Continued) Easement Routing ==■ r • 0f• Easement Routing ==■ September 19, 2023 22 CITY COUNCIL'S BRIEFING DOMINION ENERGY EASEMENTS UPDATE ITEM#74681 (Continued) **.p4Ir , . :: - - - Easement Routing =-= Weir j t r • • I ,00. - -- 4-Ko - .v41,•-• A • A-c • Ike s • 111= • A 0 Easement Routing 1111 September 19, 2023 23 CITY COUNCIL'S BRIEFING DOMINION ENERGY EASEMENTS UPDATE ITEM#74681 (Continued) . .41r. , • A ir s" 4tr " A4 ri 7*4 • iLrr a+A 7, la • -... 1..1 • • " =::=EMI • 1•••••••••••• ri • 13 • Easement Routing 4MIIMM sl°2‘, Structure Visualization „ ‘3•!*- 4 Seulhesdismftinwy 4reeneen C0110. !:•' September 19, 2023 24 CITY COUNCIL'S BRIEFING DOMINION ENERGYEASEMENTS UPDATE ITEM#74681 (Continued) Here are the Impacted Properties: Impacted Properties Compensation Easement SEPG Easement SEPG GPIN Value (Y/N) GPIN Value (Y/N) • Dominion is seeking 14747015780000 $2,281 N 14944970630000$16,352,019 Y approximately 4 miles of 14840119440000 $1,140 N 14945960080000 " Y transmission easements 14847620330000 $782,811 Y 14945990010000 " Y from the City in exchange for 14845505720000 Y 14906829730000 Y $19M(Excluding VBDA 14848692450000 $1,015,647 Y 14946990580000 V parcel highlighted in yellow). 14809757960000 " Y 14948828890000 V 14942720210010 $1,046,941 Y 149499 72 02 0000 " V • Undetermined portion will 10942806150000 $166,963 Y 24043910920000 " Y need to be deposited into 14944828580000 $41,011 Y 24055185020000 Y Transportation CIPs. 14944878610000 $298,800 Y 24166780780000 $912 N • Additional$1.14M in tree 14904961800000 " V 24169876530000 $270,424 N mitigation costs 14945901720000 " V 14943858620000 $15,339 Y 14843532500000 $1,7115EPG TOTAL)-VBDA)$18,953,059 ... Here is an overview of Tree Mitigation: Tree Mitigation • Per City Administrative Directive 3.18 and Code Section 33-59 Dominion was required to mitigate the loss of tree canopy along the proposed route. • Tree Mitigation Method#1 was used by Parks and Rec to calculate th cost at$1.14M(38.17 acres x$29,925/acre). • The mitigation payment will be used to plant trees on other City properties to offset the loss of tree canopy from this project. September 19, 2023 25 CITY COUNCIL'S BRIEFING DOMINION ENERGY EASEMENTS UPDATE ITEM#74681 (Continued) Considerations & Next steps • Staff are working with Dominion to retain rights to locate portions of trails, utilities,roadways,and stormwater ponds to facilitate development of future improvements. • Sale would be a single ordinance,which will require a supermajority vote because several of the parcels have been put to a public use or otherwise require a supermajority to be sold. lir• Proposed Schedule Public briefing on Sept. 19 • Public hearing on Oct. 3 • City Council vote on Oct. 17 • Questions or Discussion Mayor Dyer expressed his appreciation to Mr. Hansen for the presentation. September 19, 2023 26 CITY COUNCIL'S BRIEFING SPECIAL ELECTION COUNCIL& CONSTITUTIONAL VACANCIES ITEM#74682 3:09 P.M. Mayor Dyer welcomed Dana Harmeyer, Senior City Attorney. Mr. Harmeyer expressed his appreciation to City Council for their continued support: Interim Appointment and Special Elections Costs and Scenario Planning CITY COUNCIL BRIEFING DANA HARMEYER,SENIOR CITY ATTORNEY SEPTEMBER 19,2023 Here are today's Topics: Topics to cover ► Interim Appointment Process: City Council ► Special Election Process and Timing: City Council ► Special Election Process and Timing:Sheriff ► Practical Concerns ► City Council Scenarios ► Sheriff Scenarios ► Discussion / Direction to Staff September 19, 2023 27 CITY COUNCIL'S BRIEFING SPECIAL ELECTION COUNCIL & CONSTITUTIONAL VACANCIES ITEM#74682 (Continued) Here are the Facts/Assumptions: Facts / Assumptions ► Effective date of both vacancies Is September 29th ► Current term of office for District 1 representative ends December 31, 2024. Next regularly scheduled election for this position will occur at the general election in November 2024. ► Current term of office of the Sheriff ends on December 31,2025. Next regularly scheduled election for this position will occur at the general election in November 2025. Here is a look at the Interim Appointment Process for City Council: Interim Appointment Process: City Council ► Both the Virginia Code and the Virginia Beach City Charter contemplate an interim appointment. ► Virginia Beach City Charter Sec.3.03:vacancy"shall"be filled by appointment within 60 days. Note:September 29 plus 60 days=November 28. City Council formal meetings:November 14&21. ► Virginia Code Section 24.2-228(A):Council"may"appoint a qualified voter to fill the vacancy within 45 days:if the City Council does not make the appointment,the judges of the circuit court may make the appointment. ► Pursuant to the Charter,the person so appointed would serve the remainder of the original term: it Vacancies In the office of councilmen,from whatever cause arising,except where such vacancy occurs due to a resignafion to run for the office of mayor, shall be filled within 60 days for the unexpired,portion of the term by a majonty vote of the remaining members of the council.... It However,the Virginia Code explicitly overrides this portion of the Charter provision and requires that any person appointed shall serve only until a special election is held and the person elected has qualified. See Virginia Code§24.2-228(A). September 19, 2023 28 CITY COUNCIL'S BRIEFING SPECIAL ELECTION COUNCIL & CONSTITUTIONAL VACANCIES ITEM#74682 (Continued) Here are the State requirements for filling a vacancy in a constitutional office: Virginia Law provides the process for filling a vacancy in a constitutional office ► No interim appointment made by the City Council for a vacancy in the Office of Sheriff. ► Virginia Code§24.2-228.1(F)provides: ► Notwithstanding any provision of a charter to the contrary,the highest ranking deputy officer...who is qualified to vote for and hold that office,shall be vested with the pourers and shall perfortn all of the duties of the office,and shall be entitled to all the privileges and protections afforded by law to elected or appointed constitutional officers,until the qualified voters fill the vacancy by election and the person so elected has qualified and taken the oath of office. Here is the Special Election Process and Timing for City Council: Special Election Process and Timing: City Council The City Council is required to request a writ of election within 15 days of the occurrence of the vacancy.Virginia Code§24.2-226(A)provides: Ixdo.arnu t5y or b do case of.,alai*hot row.or rrooi board ordnance).aaxx or onom nit tm team,oxen than colon I6 Jan of the orammv attic we.n.mom Cc anon coots roues re ordawn to 511 ,nun,u w torn et Ankle S(4 4_ aaq.l The City Council has some discretion in choice of election dates. VIM annoy Dove whip 90 bays aflbma mtortent*Om old g.gnome body or Or whorl loud bu ax mque,uc mna Panes a Wean doe brae ebafm,On fool Andre Ad InYdr once dote erne wood ark good Orono" Vs.('044242.22Qq If requesting a date other than November,need to fdbwwles for dates tor special elections: Ivey sword dram Ca In Mil m. Na stool doaim chit be held solo do 53 bp Prure.awl meting rags noon demon doll be MO co dwo ay ort pimp Aram Artist deaioo any Io hem lese=day eta(mwddWoe Va(iden13fi3(4) Calendar Notes: . Vacancy♦15 days=October 14 ISaturdayf,so effectively Monday October 16 . City Council voting meeting October 3 . March 5.2024(Presidentail Primary)Iris 55 days=Wednesday.January 10 . Tuesdays in January before the 101h are 2'.and 9111 September 19, 2023 29 CITY COUNCIL'S BRIEFING SPECIAL ELECTION COUNCIL& CONSTITUTIONAL VACANCIES ITEM#74682 (Continued) Here is the Special Election Process and Timing for the Sheriff: Special Election Process and Timing: Sheriff The City Council is required to request a writ of election within 15 days of the occurrence of the vacancy.Virginia Code§24.2-228.1(A)provides: N'nlun IS dayw of the occmraee of the aacancs the gnanin8 body of the county or city in which such saaney aims shall pennon the aRNI event to issue a ant of elation to felt t�berate y as set(nettle Miele 5(5 24 201 et suy.1 of Chapter 6. The City Council has some discretion in choice of election dates. I:tther upon receipt of the petition or on iu own motion.the cote shall promptly issue the wit ordering the election tor a date deer med paws to 4 24 2-682.Ilouxrer,den gucen ins body may tattiest m its pennon that the special electxm he held on the date of the next general elation in Noanha,and the cowl may order the special election to beheld on that date. Same rules as above for setting a special elections plus Virginia Code 4 24.2-682(C)further provides: "A special election to fill a vacancy in any constitutional office shall be held promptly and In accordance with subsection A." Calendar Notes: B. Vacancy t 15 days=October 14(5aturday).so effectively Monday October 16 ►City Council voting meeting October 3 ► March 5.2024(Presidential Primary)less 55 days=Wednesday.January 10 ►Tuesdays ire January before the 10th are 2n°and 9th Practical Concerns B. The Local Electoral Board met on Sept.11 to discuss its planning and perspective on one or more special elections in January. B. The Board believes it could support a District I special election to be held on January 9. ► The Board did not support a citywide special election for Sheriff In January because of concerns about polnbooks and other equipment that will need to be locked for 30 after after the election.Early voting in the presidential pmary starts on January 19"', so there Is overlap between the 30 days after early January and the beginning of early voting. B. Estimated cost for District 1 special election in January=$185,425. B. Estimated cost for a citywide special election in January=$474,235. B. These amounts do not include the possibility of renting equipment If the November 2023 election requires a recount. ► In addition to the administration of elections,the Clerk of the Circuit Court has stated that she does not have sufficient resources(people and vault)to handle a citywide election in January. September 19, 2023 30 CITY COUNCIL'S BRIEFING SPECIAL ELECTION COUNCIL& CONSTITUTIONAL VACANCIES ITEM#74682 (Continued) The next two (2)slides provide scenarios for filling the City Council and Sheriff vacancies: Scenarios - City Council P. Option 1: Interim Appointment before November 28,2023 and a regular election November 2024 to fill the next four-year term of office for District I.No writ of special election required. ► Option 2:Interim Appointment before November 28,2023 and a special election in January ► Option 3:No Interim Appointment and a special election in January Scenarios - Sheriff ► By operation of low,the highest ranking deputy takes over until a special election has been held and the person so elected has qualified. ► Possible special election dates: ► Special election in early January 2024 ► Special election In November 2024 September 19, 2023 31 CITY COUNCIL'S BRIEFING SPECIAL ELECTION COUNCIL & CONSTITUTIONAL VACANCIES ITEM#74682 (Continued) City Council Discussion ► Comments, questions and Council direction After discussion, the consensus of the Body to fill the District 1 Council Member seat is Option 3 and hold a Special Election for the Sheriff in November 2024. Mayor Dyer expressed his appreciation to Mr. Harmeyer for the presentation. September 19, 2023 32 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74683 3:13 P.M. Vice Mayor Wilson advised this past weekend brought in over 300,000 people to see the Naval Air Station Oceana Air Show and it was incredible seeing so many military members as well. Mayor Dyer expressed his appreciation to the City Manager and Public Safety staff who supported the Air Show and advised the Navy's command staff were also very appreciative. Mayor Dyer advised there was a group, "Irreverent Warriors"who held a hiking event. Mayor Dyer advised the Irreverent Warriors have approximately 200 active duty who travel around the country with the mission of bringing suicide awareness and prevention for active and retired military personnel. September 19, 2023 33 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74684 (Continued) Council Member Berlucchi provided the following updates: - He will be late for the City Council Meeting on September 26`h as he is a presenter at the National Citizens Police Academy Alumni Association meeting. - Expressed his appreciation to all of the City staff who supported his District 3 Town Hall - The Bridge the Gap Community Festival will be held at Mount Trashmore on Saturday,from 12:00—5:00 P.M and will be a recruiting and community/law enforcement connectivity event - The Virginia Beach Human Rights Commission will host the Virginia Association for Human Rights Conference on Saturday - He is working on a Resolution with Council Member Rouse to recognize and raise awareness of the Native American and indigenous people communities in the City. Council Member Berlucchi advised he expects to present the Resolution on the October 10`h Agenda in honor of Indigenous Peoples'Day celebrated annually on the second Monday of October. Council Member Rouse advised there are many Native American symbols and names in the City but not a lot of understanding or awareness for the people and is happy to work on this with Council Member Berlucchi. Council Member Taylor applauded Council Members Berlucchi and Rouse for this initiative and advised he maternal side of his family are full blooded Native Americans and were the first people of color to work in the Francis Land House. Council Member Taylor advised it is important to work with the Historical Society who attribute the Francis Land House as a historical home but many who do not realize that in 1913, there were Native Americans working at the house for free. September 19, 2023 34 CITY COUNCIL DISCUSSION/INITL4 TI VES/COMMENTS ITEM#74685 (Continued) Council Member Taylor expressed his appreciation to Public Utilities and Public Works employees and explained as he was walking with his wife last Saturday, he stopped to speak to employees who were working and listened to why they work for the City and emphasized how much he appreciates the hard work they continuously do. September 19, 2023 35 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74686 (Continued) Council Member Ross-Hammond advised she attended the Emergency Medical Services (EMS) Volunteer Rescue Squad's 80h Anniversary celebration which was established in 1943 with their first ambulance purchased for $500. Council Member Ross-Hammond advised they are largest EMS volunteer group in the nation. September 19, 2023 36 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74687 (Continued) Council Member Henley read the following statement: "Last Tuesday, I expressed my concerns about the proposed rezoning application, slated to be heard by the Planning Commission in October, which will seek rezoning to A-18 for a parcel that is partially in the ITA. Even though the applicant is moving the residential units out of the ITA to have them wholly on the portion not in the ITA, this application will set a precedent for how similar properties that straddle the ITA line will be addressed. I believe this will affect most, if not all, of the properties in the "Catcher's Mitt"on the AICUZ map which is not covered by AICUZ zones. Right now, it is just a "no man's land"for zoning, and we seem to not acknowledge any restrictions to development, which I believe is a flawed position. The City Attorney expressed to us that since our ordinance does not clearly address if the portion that is in the ITA can or cannot contribute density, he believes that it is allowed. He also did indicate that the City Council might want to clarify the issue. I agree that we should stop at this point and clam this extremely important question. It was anticipated when the BRAC Law was accepted, that there would be issues that had not been anticipated that would need to be addressed. I quote from the ordinance adopted by City Council on December 20, 2005, which adopted the city's plan for compliance with the Base Realignment and Closure Commission's Decision Regarding Naval Air Station Oceana and Related Ordinances: The City Council recognizes that the execution of the BRAC Compliance Plan involves complex and difficult issues, and that not every potential circumstance could have been foreseen during the formulation of the Plan. It is the expectation of the City Council that amendments refining the Plan and addressing unforeseen or newly-arisen circumstances will be brought forward for its consideration, and to that end, the City Manager and City Attorney are hereby authorized and directed to bring forward, for the City Council's consideration, proposed amendments to the Plan whenever the same are necessary or appropriate to accomplish the purposes of the Plan.' It is also important to acknowledge, as it was pointed out repeatedly during the 2005 ordinance considerations, that it is the City Council, and not the NAVY, that controls zoning. It is also clarified in this ordinance which I have just quoted, and it was reinforced by comments made by the then Commanding Officer of NAS Oceana at the public hearing, that it is the Department of Defense Investigator General, not the Department of the Navy, that determines whether the City has complied with the conditions of the BRAC Law. I cannot think of an issue before us that is more important than keeping our commitments to the BRAC Law and in protecting Oceana's operation and mission as the Master Jet Base. September 19, 2023 37 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74687 (Continued) We must be fully aware of what our actions are approving, the future implications of those actions, and we must assure that those actions comply with our commitments to keeping the letter, and intent, of the BRAC Law. We cannot simply do this by default, because we haven't taken the time and consideration to investigate the issue. As the District Representative for this application, I am asking that this application be on hold until we have considered the question of how properties that straddle the ITA, and other AICUZ lines, will be considered. I also request that the appropriate representatives of the Department of Defense be consulted during our consideration." September 19, 2023 38 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74688 (Continued) Council Member Taylor advised he had an opportunity earlier today to meet with ChiefPravetz and Wayne Richardson,Battalion Chief-Oceana Volunteer Fire Department who explained they are in need of support as the number of volunteers has decreased and lack the necessary funding to replace their support vehicle estimated to cost$599,000. Council Member Taylor advised he wanted to share this information to make the Body aware of the needs within the community September 19, 2023 39 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74689 (Continued) Council Member Remick advised the 2040 Vision to Action Community Coalition (VTACC) Commission submitted a fantastic Annual Report and asked what the intent is for the Commission going forward? Mayor Dyer suggested having the Commissioners provide the Body a presentation. Council Member Schulman advised the Commission has changed since the 2012 version as he previously served as Vice Chair on the Commission. Council Member Schulman advised the Commissioners who serve have been wonderful and enthusiastic and believes they deserve to either be given new direction from the Body or dissolve the Commission and find other ways to value the resources of the Members. Council Member Ross-Hammond believes the Commission should be given new direction. September 19, 2023 • 40 CITY COUNCIL DISCUSSION/INITIATIV ES/COMMENTS ITEM#74690 (Continued) Council Member Wooten advised she recently had a meeting which focused on the Resource Center and expressed her appreciation to Kristi Rines,Recycling Coordinator—Public Works for providing a recycling presentation. One of the attendees recommended having information on the City's website on what items are recyclable. Council Member Henley advised the items that can be recycled under the City's program, can find them listed on the blue cans. Council Member Henley further advised, this Saturday people can recycle technology items at the aquarium. September 19, 2023 41 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74691 (Continued) Council Member Wooten further advised, the SonRise Festival is this weekend and invited anyone interested to attend. Council Member Wooten advised she has been made aware of the Festival's dilemma concerning support going forward and would like to have a discussion with the Body at a later time. September 19, 2023 42 AGENDA REVIEW SESSION ITEM#74692 3:50 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for a portion of City right- of-way known as Ocean View Avenue adjacent to 4536 Ocean View Avenue for up to five(5)years 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Haleigh Harper Krause for the City-owned dwelling located at 2089 Indian River Road 3. Resolution to REQUEST the Commonwealth Transportation Board approve two (2)projects for the Transportation Alternatives Set Aside Program for FY2024-25 and FY2025-26 and AFFIRM the City's local commitment to such projects re Pacific Avenue Pedestrian Crossings Phase II and Norfolk Avenue Pedestrian Improvements 4. Ordinance to ADOPT a City Council Policy re Legislative Agenda Process and Adoption Requirements(Requested by Mayor Dyer and Vice Mayor Wilson) 5. Ordinance to AMEND City Code Section 21-407 re charges for towing and storage of vehicles (Requested by Mayor Dyer and Council Member Remick) 6. Ordinance to EXTEND the date for satisfying the conditions re closing a 750 square foot portion of an unimproved lane adjacent to the rear of 200 76th Street 7. Resolution to SUPPORT Revenue Sharing Project #100058, "Centerville Turnpike Phase III" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) 8. Resolution to SUPPORT Revenue Sharing Project#100123, "Cleveland Street Improvements IV" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) 9. Resolution to SUPPORT Revenue Sharing Project #100340, "Rosemont Road Phase V"and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) 10. Resolution to SUPPORT Revenue Sharing Project #100529, "Elbow Road Extended Phase II- B"and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) September 19, 2023 43 AGENDA REVIEW SESSION ITEM#74692 (Continued) 11. Resolution to SUPPORT Revenue Sharing Project #100278, "Nimmo Parkway VH-B" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) 12. Ordinance to ACCEPT and APPROPRIATE $8,007,388 from the Department of Defense Community Investment Pilot Program ; ACCEPT and APPROPRIATE $1.4-Million from the Virginia Military Community 'Infrastructure Grant Program and Fund; APPROPRIATE $2,031,738 from the General Fund to the FY2023-24 Police Department Operating Budget; TRANSFER such funds totaling $11,439,126 as Pay-Go funding to the FY2023-24 Capital Improvement Program Project#100536, re "Creeds Training Center Renovations" 13. Ordinance to ACCEPT and APPROPRIATE $1.5-Million from the Virginia Department of Transportation State of Good Repair/Primafy Extension Paving Program to CIP#100401, "Street Reconstruction II"re road paving projects 14. Ordinance to ACCEPT and APPROPRIATE $650,000 from the Carbon Reduction Program to CIP #100537, "Dam Neck Road/ Holland Road Intersection Improvements" re stormwater infrastructure improvements 15. Ordinance to ACCEPT and APPROPRIATE $327,820 from the United States Department of Homeland Security to the FY2023-24 Police Department Operating Budget and TRANSFER $109,273 for a required local grant match re purchase of a replacement marine patrol vessel and electronics upgrade to a separate marine patrol vessel 16. Ordinance to ACCEPT and APPROPRIATE $98,630 from the Department of Motor Vehicles (DMV) to the FY2023-24 Police Department Operating Budget re overtime and equipment expenses related to speed enforcement 17. Ordinance to ACCEPT and APPROPRIATE $67,450 from the Department of Motor Vehicles (DMV) to the FY2023-24 Police Department Operating Budget re overtime, training, and equipment expenses related to DUI enforcement 18. Ordinance to APPROPRIATE$599,000 to the Virginia Beach Volunteer Rescue Squad,Inc. re an interest free loan to purchase two (2)new ambulances 19. Ordinance to APPROPRIATE$587,676 from the Technology Trust Fund to the FY2023-24 Clerk of the Circuit Court Operating Budget re support technological related needs and upgrades September 19, 2023 44 AGENDA REVIEW SESSION ITEM#74692 (Continued) 20. Ordinance to APPROPRIATE$20,267from the Virginia Department of Criminal Justice Services to the FY2023-24 Police Department Operating Budget re social media advertisements, targeted media e-mail distribution, website advertisements, and retargeted ad purchases with the goal of recruitment of sworn personnel 21. Resolution to APPROVE the Modification of a Construction Contract re Lake Pleasure House Outfall K. ORDINANCES/RESOLUTIONS: ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY September 19, 2023 45 AGENDA REVIEW SESSION ITEM#74692 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. WYCLIFFE PRESBYTERIAN CHURCH for a Modification of Conditions to a Conditional Use Permit re religious use at 1445 North Great Neck Road,2307 Millwood Road and a parcel between 2307&2309 Millwood Road DISTRICT 8 2. BURNETTE BAUM DEVELOPMENT CORPORATION for a Conditional Use Permit re car wash facility at 6213 Indian River Road DISTRICT 1 3. KIDS ADVENTURE/SIKIRU ADEDOYIN for a Conditional Use Permit re family day-care home at 5408 Larissa Court DISTRICT 1 4. SPEEDGEARZ, LLC/ COVINGTON FAMILY TRUST for a Conditional Use Permit re automobile repair garage at 212 Dorset Avenue DISTRICT 4(Deferred from September 5, 2023) 5. LONDON BRIDGE DEVELOPMENT,LLC for a Conditional Use Permit re bulk storage yard at 130 London Bridge Road DISTRICT 6(Deferred from September 5, 2023) 6. FRANCES ROBBINS-OMAN/ FRANCES ROBBINS-OMAN AND KYLE OMAN for a Conditional Use Permit re short term rental at 907 Pacific Avenue DISTRICT 5 7. JIMLUTZ/LULU 1 LLCfor a Conditional Use Permit re short term rental at 921 Pacific Avenue, Unit A & 915 Pacific Avenue, Unit B DISTRICT 5 8. ASCENSIONS GROUP,LLC/AG THE WAVE,LLCfor a Conditional Use Permit re short term rental at 400 22"d Street&2106 Arctic Avenue DISTRICT 6 9. NICHOLAS IULIANO for a Conditional Use Permit re short term rental at 505 20`1' 1/2 Street DISTRICT 6(Deferred from August 15, 2023) 10. JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20`11 1/2 Street DISTRICT 6(Deferred from August 15, 2023) L. PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARA TEL Y ITEM#8 WILL BE CONSIDERED SEPARATELY ITEM#9 WILL BE CONSIDERED SEPARATELY ITEM#10 WILL BE CONSIDERED SEPARA TEL Y September 19, 2023 46 ITEM#74693 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLIC CONTRACT Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the 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). • Future Base Design • SonRise Music Festival 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 September 19, 2023 47 ITEM#74693 (Continued) Upon motion by Council Member Rouse,seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:49 P.M. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 4:48 P.M. — 4:58 P.M. Closed Session 4:58 P.M. — 5:52 P.M. September 19, 2023 48 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL SEPTEMBER 19,2023 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, September 19, 2023, at 6:00 P.M Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION:Pastor Michael Rhoad Senior Pastor, International Christian Church 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. September 19, 2023 49 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. September 19, 2023 50 V.F CERTIFICATION ITEM#74694 Upon motion by Council Member Rouse, 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: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 f i Bn Eqc U _1 \• .act, ., � / RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINL4 BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#74693 on Page 47 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 a Barnes, M City Clerk September 19, 2023 51 ITEM— V.G.1 MINUTES ITEM#74695 Upon motion by Council Member Rouse, seconded by Council Member Holcomb, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 5, 2023 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 52 ITEM— V.G.2 MINUTES ITEM#74696 Upon motion by Council Member Rouse, seconded by Council Member Holcomb, City Council APPROVED the MINUTES of the FORMAL SESSION of September 12, 2023 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 53 ITEM— V.H.1 MAYOR'S PRESENTATIONS ITEM#74697 PROCLAMATION HUNGER ACTION MONTH Mayor Dyer welcomed Christopher Tang CEO and Melissa Smith, Chief Development Officer and read the Proclamation declaring September 2023 as, "HUNGER ACTION MONTH"and September 15, 2023 as, "HUNGER ACTION DAY". Mayor Dyer called upon the citizens in the community to assist in combatting hunger throughout the nations for the benefit and betterment of the community so future generations can appreciate and further uplift the City. Mr. Tan expressed his appreciation for this recognition and for City Council's continued support. September 19, 2023 c i utq 4 0 ts.dii of a firocramation 1 4cerear ganger andfoodinsecurity are issues of grave concern in the VnitedStates,the Commonwealth of Virginia,and the City of Virginia(Beach;and- Whereas: The City of Virginia Beach is taking steps to raise awareness ahout the necessity to combat hunger in our community and provide additional-resources to citizens in need and 'H4 erras• Beating America estimates that nearly 34 milTmn people(10.4%)including more than 9 million children (12.8%)in the Vnited States are food insecure,and 'Whereas: The food insecurity rate in Virginia is 8.1%and hunger is a daily experience for 704,000 people.and more than164,000 hei'ng children;and Whereas• The City of Virginia Beach has a food insecurity rate of 6.8%(31,310)and is home to more than 8,300 food-insecure children who may not have consistent access to enough foodforan active,healthy fife;and Whereat. ChifdNutrition programs,in particular,play a critical role in providing quality nutritious meals to millions of children every day forfree or at a reduced cost;and Whereat: 7he'Food'ankof Southeastern Virginia and the(Eastern Shore distributed more than 21 million pounds of food to neigh6ors experiencing hunger within our 4,745 square mik service area last year,and ' herear Allcitizens,businesses,and community organizations are invited to support and participate in community efforts to collect foodandfunds,as welT as volunteer their time;and Whereas: The City of Virginia Bench is committed to working with the'FoodbankofSoutheastern Virginia and the Eastern Shore,along with over 200 partner agencies andprogram sites,the'Federation of Virginia'Food Bane,and' ding nenca in educating people about the role and importance of food banks in addressing hunger and raising awareness of the need to devote more resources and attention to hunger-related issues. Wow,Therefore I,Rp6ert M. 'Bo66y'Dyer,Mayor of the City of Virginia(Beach,Virginia,do hereby proclaim: Septem6er 2023 .7fungerAction Month And Septem6er 15, 2023, XfungerAction Day In Virginia Beach,I call upon the citizens in our community to assist in combatting hunger throughout our nation. for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. In 44iitness Whereof:I have hereunto set my handandcausedthe OfficialSealof the City of Virginia Beach,'Virginia, to 6e affiied this nineteenth(Day of-September,Two Thousand and Twenty-Three. Rp6ert "Bo66y"(Dyer Mayor 54 ITEM— V.H.2 MAYOR'S PRESENTATIONS ITEM#74698 RESOLUTION MOUNT TRASHMORE 50"ANNIVERSARY On behalf of Mayor Dyer, Council Member Holcomb welcomed Delegate Barry D. Knight, and read the Resolution honoring him for his commitment and contributions to the City and Commonwealth during his fourteen (14)years of public service. Delegate Knight expressed his appreciation to City Council for their support and for this recognition. September 19, 2023 4G61$lA.Bio ' da b RESOLUTION WHEREAS:Native..Virginian,Barry.D.Knight,has served in the Virginia House of Delegates since 2009.Barry is the current Chairman of the House Appropriations Committee as well as serves on the General Laws Committee and the Rules Committee;and WHEREAS:Barry has spent his professional life in,the field of agricultural business.In the political scene,Barry has proactively worked to bolsterthe.local.ecbnomy and vigilantly protect citizens'rights;and WHEREAS:Barry's introduction to farming.;began at the ripe age of 14.By 26, he had purchased his own farm which grew to be a vast 640 acres and produced'up.to.'25,000finished hogs each year.Utilizing his expertise Barry served as the President of the Tidewater Pork.Producers from 1984-1990 and was appointed by two Governors to the Virginia Pork Board;and _WHEREAS:Barry has,accumulatedtseveral honors including,'Virginia Farm-Bureau's Young Farmer of the Year, Clean Water Farm Award,and Virginia Beach'Ma{t of the Year.in Agriculture;and WHEREAS:Barry has also-been a:public;seevarr"trto the-very,;sam,a community that has contributed to his personal and professional success. Barry Chas severed%ot titer-Ytrgfrtia Beaehr�Flaanning:Commission,. Virginia,.Dare.Soil and Water, Virginia Beach Farm.Bureau;Military Aviation`Mt eunrt;'Sotuthern States.;Cooperative-Chesapeake Association, Back Bay/Pungo Civic League, ;Oak Grove 9aphstr.Ch`tiroh ,Joint.-Legislative Audit Review Committee and the Major Employment and Investment;:Commission,°'aid WHEREAS: Barry has frequently:::been awarded the "Champion of Free Enterprise" by the Virginia Chamber of Commerce,named the 2021 Legislator ofthe,Year'.and named Legislator.of the Year by the Virginia Sheriffs'Association, The Agribusiness Council's Man of the,',ear;and Port Champion by the Virginia Maritime Association;and WHEREAS:Barry's acts of services touch,members of his community as a former coach for women's league softball and little league baseball.Alongside his family;Barry is a devout and active member of the Oak.Grove Baptist Church.Barry is the chairman of the grounds committee, the business moderator,past deacon,and can often be found teaching Sunday school;and WHEREAS:On this day,we honor a pillar of our community who deserves our deepest gratitude and respect for all that he has accomplished and for his earnest efforts to serve our citizens;and NOW,THEREFORE,BE IT'RESOLVED:That the Virginia Beach City Council pause in its-deliberations to express its appreciation to BarryD.eKnight for his commitment and service to our City and our Commonwealth. Adopted by the Council of the City.of Virginia Beach, Virginia the 19'h day of September 2023 and present this Resolution duly signed by each Member of the Virginia Beach City Council. /6I'Vefft °' WeV Council Member MichaelF.'Berlucchi —414d1-"Coundl'MemberBarbaraMHenl CouncilMeniberN.D. "R "Holcomb �1' jltj f'd Council Me r Robert W. "Worth"Remick Council Member Amelia N.Ross-Hammond ncil Member Je ' e .,...s=mq(141A4sza - A.4.41,4e % Counci Member Joashua F. `Joash"Schulman Council Membe e hris Taylor C it Member Sabrina D.Wooten Vice Mayor Ro' "�W'ilson Mayor Robert 'Bo "Dyer 55 ITEM— Y.I.1 PUBLIC HEARINGS ITEM#74699 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE—FIBER OPTIC DARK CABLE TO LUMOS TELEPHONE, LLC There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING September 19, 2023 56 ITEM— PUBLIC HEARINGS ITEM#74700 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY—FARMERS MARKET Building 7, Spaces 7& 8 to Creekmore's Place, LLC Building 2, Space 11 to Kempsville Florist& Gift Shop, Inc. Building 1, Space 10 and Guard House to Seasons Best Bakery, LLC Suite 815 to Beach N Seafood, LLC There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING September 19, 2023 57 ITEM— V.I.3 PUBLIC HEARINGS ITEM#74701 Mayor Dyer DECLARED a PUBLIC HEARING: APPLICATION FOR THE TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM The following registered to speak: Walter Camp, 4692 Berrywood Road, Phone: 576-1006, spoke in SUPPORT There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING September 19, 2023 58 ITEM- V.J.1 FORMAL SESSION AGENDA ITEM#74702 Mayor Dyer read the Speaker Policy and advised for items where only one (1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6) minutes to speak on all items. Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,BY CONSENT,Agenda Items Ordinances K:1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 and Planning Items L:2, 3, 5, 6 and 7 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None K. ORDINANCES/RESOLUTIONS: ITEM#4 WILL BE CONSIDERED SEPARA TEL Y ITEM#5 WILL BE CONSIDERED SEPARA TEL Y L. PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY ITEM#9 WILL BE CONSIDERED SEPARATELY ITEM#10 WILL BE CONSIDERED SEPARATELY September 19, 2023 59 ITEM— V.K.1 ORDINANCES/RESOLUTIONS ITEM#74703 Upon motion by Vice Mayor Wilson,seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for a portion of City right-of-way known as Ocean View Avenue adjacent to 4536 Ocean View Avenue for up to five(5)years Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR FIVE (5) YEARS FOR A 3 PORTION OF CITY RIGHT-OF-WAY KNOWN AS OCEAN 4 VIEW AVENUE ADJACENT TO 4536 OCEAN VIEW 5 AVENUE 6 7 WHEREAS, the City of Virginia Beach (the "City") owns right-of-way known as 8 Ocean View Avenue, which contains approximately 1 ,143 square foot (0.026 acre) 9 of gravel area as shown on Exhibit A attached hereto and made a part hereof 10 ("Gravel Parking Area"); 11 12 WHEREAS, B & J, Ltd. of Virginia, a Virginia corporation ("B & J"), operates a 13 restaurant establishment known Buoy 44, which is located at 4536 Ocean View 14 Avenue. B & J has been leasing a portion of the Gravel Parking Area since 2018 15 and desires to enter into a new lease agreement with the City for a term of five (5) 16 years, to occupy and use the Gravel Parking Area for additional parking for its 17 employees and customers; and 18 19 WHEREAS, B & J has agreed to pay the City $2,000.00 per year for use of 20 the Gravel Parking Area. 21 22 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for the term of 26 five (5) years, between B & J and the City for the Gravel Parking Area in accordance 27 with the Summary of Terms attached hereto as Exhibit B and made a part hereof, 28 and such other terms, conditions or modifications deemed necessary and sufficient 29 by the City Manager and in a form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 19th 32 day of September2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM 1t !I b C (l City Attorney 'u:lic Woks/Real Estate CA16042 R-1 August 18, 2023 EXHIBIT "A" 4536 Ocean View Avenue "Gravel Parking Area" ;' ., . 4i .;4; k t / 4 "•;,_ Vt , \i ..._ ., : '. 1 - 4536 Ocean View Avenue J' �` T ® A 1. • / , . ti ell, i. .at1.r ' 10 . tie os, ,,, JP . VI.'s.k.a. '..- •-• i',I. .:," , - . \ .. t�' • • Al . • t s = 1,143 square feet (0.026 ac.) of gravel parking area EXHIBIT B SUMMARY OF TERMS LEASE OF CITY-OWNED RIGHT-OF-WAY KNOWN AS OCEAN VIEW AVENUE LESSOR:. City of Virginia Beach LESSEE: B & J, Ltd. of Virginia, a Virginia corporation PREMISES: Approximately 1,143 square feet (0.026 acres) of gravel area located in the City right-of-way known as Ocean View Avenue adjacent to 4536 Ocean View Avenue TERM: September 1, 2023 through August 31, 2028 RENT: $2,000.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for guests; any assignment or sublease must be approved in writing by the City. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain any necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including any applicable leasehold taxes. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. • The right to grant easements, franchises, and rights of way across or upon the Premises for streets, alleys, public highways, drainage, and utilities and similar uses. TERMINATION: • The City may terminate the Lease for any reason upon thirty (30) days' written notice. 60 ITEM— V.K.2 ORDINANCES/RESOLUTIONS ITEM#74704 Upon motion by Vice Mayor Wilson,seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Haleigh Harper Krause for the City-owned dwelling located at 2089 Indian River Road Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE WITH 3 HALEIGH HARPER KRAUSE FOR THE CITY- 4 OWNED DWELLING LOCATED AT 2089 INDIAN 5 RIVER ROAD 6 7 WHEREAS, the City of Virginia Beach (the "City") owns a residential 8 dwelling (the "Premises") located on its property at 2089 Indian River Road 9 (GPIN 2403-81-7788) (the "Property"); 10 11 WHEREAS, the Police Department's Mounted Patrol facility is located on 12 the Property; 13 14 WHEREAS, the Police Department desires to provide affordable housing 15 in close proximity to the Mounted Patrol facility to an employee who provides for 16 the care, safety and protection for the horses that reside at the Property; 17 18 WHEREAS, through a selection process conducted by the Police 19 Department, Haleigh Harper Krause (the "Tenant"), an animal caretaker for the 20 Police Department, was chosen as the candidate that best meets the 21 requirements and qualifications to lease the Premises; and 22 23 WHEREAS, the Tenant desires to enter into a formal lease agreement 24 with the City in accordance with the terms and conditions set forth in the 25 Summary of Terms, attached hereto as Exhibit A, and made a part hereof. 26 27 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager, or his authorized designee, is hereby authorized to 31 execute a lease agreement between the Tenant and the City of Virginia Beach 32 for the Premises located at 2089 Indian River Road, in accordance with the 33 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and 34 such other terms, conditions or modifications as may be acceptable to the City 35 Manager and in a form deemed satisfactory to the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 19th 38 day ofSeptember, 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: b ( li Work%P acilities City Attorney Management CA16073 .vbgov.com\dfs I\applications\citylaw\cycom32\wpdocs\d015\p047\0090581 I.doc R-1 August 24, 2023 EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") LESSEE: Haleigh Harper Krause (the "Tenant") PREMISES: Residential dwelling located at 2089 Indian River Road (Portion of GPIN: 2403-81-7788) TERM: Month-to-month tenancy, commencing September 1, 2023, and shall not extend beyond August 31, 2028. RENT: $400 per month, with a 2.5% escalation annually. RIGHTS AND RESPONSIBILITIES OF LESSEE/TENANT: • Premises will be used solely for Tenant's residence, and for no other purpose. • Tenant will perform all necessary maintenance and repairs to keep the Premises clean and in good condition. • Tenant will pay for and maintain utilities for the Premises. • • Tenant will maintain Renter's General Liability insurance coverage with policy limits of not less than $1,000,000 per occurrence and will name the City as an additional insured. • Tenant will comply with all applicable federal, state and local laws, ordinances, and regulations. • Tenant will comply with all terms and conditions set forth in the Lease. • Tenant will maintain full-time employment with the City's Police Department. RIGHTS AND RESPONSIBILITIES OF THE LESSOR/CITY: • The City would be responsible for maintenance and repair of the structural components, roofing, plumbing, septic, heating, air conditioning, electrical systems and appliances not owned by the Tenant. TERMINATION: • Either party may terminate the Lease for any reason by giving thirty (30) days' written notice to the other party. 61 ITEM— V.K.3 ORDINANCES/RESOLUTIONS ITEM#74705 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT,Resolution to REQUEST the Commonwealth Transportation Board approve two (2)projects for the Transportation Alternatives Set Aside Program for FY2024-25 and FY2025-26 and AFFIRM the City's local commitment to such projects re Pacific Avenue Pedestrian Crossings Phase II and Norfolk Avenue Pedestrian Improvements Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemaiy Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 A RESOLUTION TO REQUEST THE 2 COMMONWEALTH TRANSPORTATION BOARD 3 APPROVE TWO PROJECTS FOR THE 4 TRANSPORTATION ALTERNATIVES SET-ASIDE 5 PROGRAM FOR FY 2024-25 AND FY 2025-26 AND 6 TO AFFIRM THE CITY'S LOCAL COMMITMENT TO 7 SUCH PROJECTS 8 9 WHEREAS, in accordance with the Virginia Commonwealth Transportation 10 Board construction allocation procedures, it is necessary that a resolution be received 11 from the sponsoring jurisdiction requesting that the Virginia Department of 12 Transportation (VDOT) establish Transportation Alternatives Set-Aside Program (TAP) 13 projects to be administered by the City of Virginia Beach; 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA THAT: 17 18 1. The City of Virginia Beach (City) hereby requests that the Commonwealth 19 Transportation Board .(CTB) establish two projects for the FY 2024-25 and FY 2025-26 20 TAP funding cycles: 21 0 Pacific Avenue Pedestrian Crossings Phase II 22 o Norfolk Avenue Pedestrian Improvements 23 24 2. The City hereby commits to provide a minimum 20 percent matching contribution 25 for these projects and, subject to appropriation, any additional funds necessary to 26 complete any applicable project contained within this resolution; 27 28 3. The City hereby agrees to enter into a project administration agreement with 29 VDOT and provide the necessary oversight to ensure the project is developed in 30 accordance with all state and federal requirements for design, right of way acquisition, 31 and construction of a federally funded transportation project; 32 33 4. The City, subject to appropriation by the City Council, will be responsible for 34 maintenance and operating costs of any improvements constructed with TAP funds 35 unless other arrangements have been made with VDOT; 36 37 5. If the City subsequently elects to cancel one or both projects, the City, subject to 38 appropriation by the City Council, hereby agrees to reimburse VDOT for the total 39 amount of costs expended by VDOT through the date VDOT is notified of such 40 cancellation. The City, subject to appropriation by the City Council, also agrees to 41 repay any funds previously reimbursed that are later deemed ineligible by the Federal 42 Highway Administration; 43 44 6. That the City Manager is hereby authorized to execute on behalf of the City all 45 necessary project agreements for project development and construction for all FY 2024- 46 25 and FY 2025-26 TAP related projects. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of September , 2023. Approved as to Content: Approved as to Legal Sufficiency: a rite udget an M agement Services ity y's ice CA16300 R-1 September 7, 2023 62 ITEM— V.K.4 ORDINANCES/RESOLUTIONS ITEM#74706 After City Council discussion Vice Mayor Wilson made a motion, seconded by Council Member Berlucchi, to ADOPT Ordinance to ADOPT a City Council Policy re Legislative Agenda Process and Adoption Requirements(Requested by Mayor Dyer and Vice Mayor Wilson) Council Member Wooten then made a SUBSTITUTE MOTION, seconded by Council Member Rouse, to DEFER INDEFINITELY Ordinance to ADOPT a City Council Policy re Legislative Agenda Process and Adoption Requirements(Requested by Mayor Dyer and Vice Mayor Wilson) Voting: 4-7 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley,Jennifer Rouse, Chris Taylor and Sabrina Wooten Council Members Voting Nay: Michael F. Berlucchi, Mayor Robert M. Dyer, N. D. "Rocky"Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman, and Vice Mayor Rosemary Wilson Council Members Absent: None September 19, 2023 63 ITEM— V.K.4 ORDINANCES/RESOLUTIONS ITEM#74706 (Continued) Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED Ordinance to ADOPT a City Council Policy re Legislative Agenda Process and Adoption Requirements (Requested by Mayor Dyer and Vice Mayor Wilson) Voting: 7-4 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, N. D. "Rocky"Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman, and Vice Mayor Rosemary Wilson Council Members Voting Nay: Barbara M. Henley, Jennifer Rouse, Chris Taylor and Sabrina Wooten Council Members Absent: None September 19, 2023 REQUESTED BY THE MAYOR AND VICE MAYOR 1 AN ORDINANCE TO ADOPT A CITY COUNCIL 2 POLICY PERTAINING TO THE LEGISLATIVE 3 AGENDA PROCESS AND ADOPTION 4 REQUIREMENTS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That the City Council hereby approves and adopts the policy entitled "Legislative 10 Agenda Process and Adoption Requirements," dated September 19, 2023, which policy 11 has been exhibited to the City Council, and a true copy of which is on file in the City 12 Clerk's Office. 13 14 Adopted by the City Council of Virginia Beach, Virginia on this 19th day of 15 September , 2023. -A D AS TO LEGAL SUFFICIENCY: iyA ne is CA16312 R-1 September 13, 2023 64 ITEM— V.K.5 ORDINANCES/RESOLUTIONS ITEM#74707 The following registered to speak: Michael Rezainik, 4004 Atlantic Avenue, Phone: 217-6078, spoke in OPPOSITION Upon motion by Council Member Remick, seconded by Council Member Holcomb, City Council ADOPTED, Ordinance to AMEND City Code Section 21-407 re charges for towing and storage of vehicles (Requested by Mayor Dyer and Council Member Remick) Voting: 9-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson Council Members Voting Nay: Chris Taylor and Sabrina Wooten Council Members Absent: None September 19, 2023 SPONSORED BY MAYOR DYER AND COUNCIL MEMBER REMICK 1 AN ORDINANCE TO AMEND SECTION 21-407 2 OF THE CITY CODE PERTAINING TO 3 CHARGES FOR TOWING AND STORAGE OF 4 VEHICLES 5 6 SECTION AMENDED: 21-407 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-407 of the Code of the City of Virginia Beach, Virginia, are hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-407. Charges for towing and storage of vehicle; receipt required. 15 (a) No tow truck service or operator operating within the City shall, at any time, charge 16 a basic towing fee greater than the fees set forth below: Gross weight of vehicle Gross vehicle Maximum fee weight rating (GVWR) 11,000 pounds or less 10,000 pounds or $145.00 $200.00 less 11,001 pounds or more 10,001 to 17,999 285.00 $350.00 pounds 18,000 pounds or more $575.00 17 18 The basic fee shall be inclusive of any additional towing services such as the use of 19 a dolly. This subsection shall apply only when a vehicle is moved or towed without the 20 prior consent and agreement of the owner or custodian of the vehicle. 21 (b) No tow truck service or operator shall assess any charges for storage for the initial 22 twenty-four(24) hours, nor charge more than twenty-five dollars ($25.00) sixty 23 dollars ($60.00) per twenty-four-hour period thereafter, for any vehicle with a gross 24 we-ig-ht vehicle weight rating of ten thousand pounds 25 (10,000) or less removed from private property without the consent of the owner or 26 custodian of the vehicle, whether such tow originates in this City or any other 27 jurisdiction. For vehicles with a gross weight vehicle weight rating between of more 28 than ten thousand one (10,001) and seventeen thousand 29 nine hundred ninety-nine (17,999) pounds, a storage fee not to exceed twenty-five 30 dollars ($25.00) seventy five dollars ($75) per twenty-four-hour period may be 31 assessed after the first twenty-four(24) hours. For vehicles with a gross vehicle 32 weight rating of eighteen thousand (18,000) pounds or more, a storage fee not to 33 exceed one hundred dollars ($100) per twenty-four-hour period may be assessed 34 after the first twenty-four (24) hours. Delays caused by storage yard personnel shall 35 not be included when computing storage charges. 36 (c) If any vehicle is not redeemed within seventy-two (72) hours after it is towed, the 37 tow truck service shall be entitled to recover an additional fee, not to exceed 38 ne hundred dollars ($100), as payment for the cost of 39 any search conducted to determine the registered owner and lien holder, if any, of 40 the vehicle. 41 (d) The Department of Budget and Management Services shall create a report to reflect 42 changes in the U.S. City Consumer Price Index published by the United States 43 Department of Labor every two years related to towing and storage fees using the 44 CPI category "Transportation Services — Motor Vehicle Fees" as a proxy in such 45 calculation. Such report shall be presented to the Towing Advisory Board with a 46 copy sent to the City Council. The Towing Advisory Board shall periodically review 47 and recommend timely adjustments to fee limitations. The City Council shall review 48 fees related to towing every two years, taking into consideration the 49 abovementioned report and the Towing Advisory Board's recommendation. 50 (d)(e)No tow truck service or operator shall charge any fee for mileage, or any other fee 51 in addition to the basic towing fee set forth in subsection (a) above, except a fee 52 authorized by Virginia Code § 46.2-1233.1(c). In order to ensure that no tow truck 53 service or operator collects more than the fees authorized by this section, tow truck 54 services and operators shall provide change for cash payments made by any 55 person whose vehicle has been towed or released after hook up. 56 (e)WA monetary receipt for each and every fee collected must be given to those 57 persons whose vehicles have been towed by a tow truck service, or released after 58 hook up, upon release of the vehicle. The information on the receipt must be clearly 59 legible and include the time, date and place of the tow, the name of the tow truck 60 operator who made the tow, and the name of the tow truck service for which said 61 operator works. The receipt must also list the amount of money paid for the release 62 of the vehicle, any additional charges incurred in the tow, and the reason for said 63 additional charges. The following shall be printed conspicuously on every receipt:"NOTICE:NOTICE: Virginia Beach City Code § 21-407(f) requires the tow company to offer 65 you a Survey and Comment Form with this receipt." A copy of the receipt must be 66 retained by the tow truck service for a period of one (1) year and shall be made 67 available for inspection by city police or the Commissioner of the Revenue during 68 normal business hours of the tow truck service owner. 69 (f) A survey and comment form, developed by the Towing Advisory Board, shall be 70 offered to those persons whose vehicles have been towed by a tow truck service, 71 or released after hookup, upon release of the vehicle. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 19th day of September , 2023. APPROVED AS TO LEGAL SUFFICIENCY: 6a//(11 City Attorney's Office CA16146 R-9 July 17, 2023 65 ITEM— YK6 ORDINANCES/RESOLUTIONS ITEM#74708 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a 750 square foot portion of an unimproved lane adjacent to the rear of 200 76th Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 750 SQ. FT. PORTION 4 OF AN UNIMPROVED LANE ADJACENT TO 5 THE REAR OF 200 76TH STREET 6 7 WHEREAS, on September 20, 2022, the Council of the City of Virginia Beach 8 acted upon the application of Frank A. Zingales ("Zingales") and James T. Cromwell 9 Esq. ("Cromwell"), Receiver for Shore Realty Corp., (collectively the "Applicants") for the 10 closure of an approximately 750 sq. ft. portion of an unimproved, unamed right-of-way, 11 adjacent to the rear of 76th Street (GPINs 2419-67-2161 & 2419-67-2183); 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3712C) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 19, 2023; and 16 17 WHEREAS, on August 21, 2023, Cromwell requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance 24 adopted on September 20, 2022 (ORD-3712C), upon application of Frank A. Zingales 25 and James T. Cromwell Esq., Receiver for Shore Realty Corp., is extended to 26 September 19, 2024. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 19th day 29 of September , 2023. 30 No GPIN assigned (City Right-of-Way) Adjacent GPINs: 2419-67-2161, 2419-67-2183, 2419-67-1078-1840 & 2419-67-1078- 1850 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planning Department CA16238 \\vbgov.corn\dfs l la ppl icalio ns\ciry law\cycom 32\wpdocs\d031\p026\00909675.doc R-1 September 8, 2023 66 ITEM— V.K.7 ORDINANCES/RESOLUTIONS ITEM#74709 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Resolution to SUPPORT Revenue Sharing Project #100058, "Centerville Turnpike Phase III" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100058 "CENTERVILLE 3 TURNPIKE PHASE III" AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, Virginia Code § 33.2-357 provides for the distribution of Revenue 9 Sharing Program funding from the Virginia Department of Transportation to localities in 10 the Commonwealth of Virginia primarily for the purposes of providing funds for 11 immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2023 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar for dollar matching 18 basis, whereby every dollar received from the Commonwealth must be matched by a 19 dollar in local l funds; and 20 21 WHEREAS, the City of Virginia Beach will request an allocation of $500,000 in 22 Revenue Sharing funds for construction and potentially utilities adjustments and site 23 acquisition in the 2023 application cycle for Project# 100058, "Centerville Turnpike Phase 24 III.,, 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA, THAT: 28 29 1. The City Council of the City of Virginia Beach supports the participation of 30 Project # 100058, "Centerville Turnpike Phase III," in the Virginia Department of 31 Transportation Revenue Sharing Program. 32 33 2. The City Council of the City of Virginia Beach hereby commits to fund the 34 City's local share of preliminary engineering, right-of-way,and construction, as applicable, 35 of Project # 100058, "Centerville Turnpike Phase III," under agreement with the Virginia 36 Department of Transportation, in accordance with the project's financial document. 37 38 3. The City Manager and/or his designee is authorized to execute all 39 agreements and/or addendums for approved projects with the Virginia Department of 40 Transportation. 41 42 4. The authorization provided by this resolution extends to the corresponding 43 name and UPC numbers for the project listed supra as such project is named or 44 designated by the Commonwealth in the Virginia Department of Transportation's Six-Year 45 Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 19 t h day of September 2023. APPROVED AS TO CONTENT: APPR TO LEGAL SUFFICIENCY: 1 Budget aril nagem ten Services orney's Office CA16301 R-1 September 7, 2023 67 ITEM— V.K.8 ORDINANCES/RESOLUTIONS ITEM#74710 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT,Resolution to SUPPORT Revenue Sharing Project#100123, "Cleveland Street Improvements IV" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100123 "CLEVELAND 3 STREET IMPROVEMENTS IV" AND TO AUTHORIZE THE 4 CITY MANAGER TO EXECUTE A PROJECT AGREEMENT 5 WITH THE VIRGINIA DEPARTMENT OF 6 TRANSPORTATION IN FURTHERANCE THEREOF 7 8 WHEREAS, Code of Virginia § 33.2-357 provides for the distribution of Revenue 9 Sharing Program funding from the Virginia Department of Transportation to localities in 10 the Commonwealth of Virginia primarily for the purposes of providing funds for 11 immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2023 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar for dollar matching 18 basis, whereby every dollar received from the Commonwealth must be matched by a 19 dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach will request an allocation of $500,000 in 22 Revenue Sharing funds for construction and potentially utilities adjustments and site 23 acquisition in the 2023 application cycle for Project # 100123, "Cleveland Street 24 Improvements IV." 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA THAT: 28 29 1. The City Council of the City of Virginia Beach supports the participation of 30 Project # 100123, "Cleveland Street Improvements IV," in the Virginia Department of 31 Transportation Revenue Sharing Program. 32 33 2. The City Council of the City of Virginia Beach hereby commits to fund the 34 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 35 of Project # 100123, "Cleveland Street Improvements IV," under agreement with the 36 Virginia Department of Transportation, in accordance with the project's financial 37 document. 38 39 3. The City Manager and/or his designee is hereby authorized to execute all 40 agreements and/or addendums for approved projects with the Virginia Department of 41 Transportation. 42 43 4. The authorization provided by this resolution extends to the corresponding 44 name and UPC numbers for the project listed supra as such project is named or 45 designated by the Commonwealth in the Virginia Department of Transportation's Six-Year 46 Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day y of September , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and nagement Services C ey s Office CA16302 R-1 September 7, 2023 68 ITEM— V.K.9 ORDINANCES/RESOLUTIONS ITEM#74711 Upon.motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT,Resolution to SUPPORT Revenue Sharing Project#100340, "Rosemont Road Phase V"and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100340 "ROSEMONT 3 ROAD PHASE V" AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, Code of Virginia § 33.2-357 provides for the distribution of Revenue 9 Sharing Program funding from the Virginia Department of Transportation to localities in 10 the Commonwealth of Virginia primarily for the purposes of providing funds for 11 immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2023 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar for dollar 18 matching basis, whereby every dollar received from the Commonwealth must be matched 19 by a dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach will request an allocation of $1 million in 22 Revenue Sharing funds for construction and potentially utilities adjustments and site 23 acquisition in the 2023 application cycle for Project # 100340, "Rosemont Road Phase 24 V." 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA THAT: 28 29 1. The City Council of the City of Virginia Beach supports the participation of 30 Project # 100340, "Rosemont Road Phase V," in the Virginia Department of 31 Transportation Revenue Sharing Program. 32 33 2. The City Council of the City of Virginia Beach hereby commits to fund the 34 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 35 of Project # 100340, "Rosemont Road Phase V," under agreement with the Virginia 36 Department of Transportation, in accordance with the project's financial document. 37 38 3. The City Manager and/or his designee is hereby authorized to execute all 39 agreements and/or addendums for approved projects with the Virginia Department of 40 Transportation. 41 42 4. The authorization provided by this resolution extends to the corresponding 43 name and UPC numbers for the project listed supra as such project is named or 44 designated by the Commonwealth in the Virginia Department of Transportation's Six-Year 45 Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of September , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu get and a ement Services s ffice CA16305 R-1 September 7, 2023 69 ITEM— V.K-10 ORDINANCES/RESOLUTIONS ITEM#74712 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT,Resolution to SUPPORT Revenue Sharing Project#100529, "Elbow Road Extended Phase II-B" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100529 "ELBOW ROAD 3 EXTENDED PHASE II-B" AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, Code of Virginia § 33.2-357 provides for the distribution of Revenue 9 Sharing Program funding from the,Virginia Department of Transportation to localities in 10 the Commonwealth of Virginia primarily for the purposes of providing funds for 11 immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2023 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing.Program operates on a dollar for dollar matching 18 basis, whereby every dollar received from the Commonwealth must be matched by a 19 dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach will request an allocation of $1 million in 22 Revenue Sharing funds for construction and potentially utilities adjustments and site 23 acquisition in the 2023 application cycle for Project # 100529, "Elbow Road Extended 24 Phase II-B." 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA THAT: 28 29 1. The City Council of the City of Virginia Beach supports the participation of 30 Project # 100529, "Elbow Road Extended Phase II-B," in the Virginia Department of 31 Transportation Revenue Sharing Program. 32 33 2. The City. Council of the City of Virginia Beach hereby commits to fund the 34 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 35 of Project # 100529, "Elbow Road Extended Phase II-B," under agreement with the 3.6 Virginia Department of Transportation, in accordance with the project's financial 37 document. 38 39 3. The City Manager and/or his designee is hereby authorized to execute all 40 agreements and/or addendums for approved projects with the Virginia Department of 41 Transportation. 42 43 4. The authorization provided by this resolution extends to the corresponding 44 name and UPC numbers for the project listed supra as such project is named or 45 designated by the Commonwealth in the Virginia Department of Transportation's Six-Year 46 Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on thel9th day of September 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and agemServices it ey' Of f CA16303 R-1 September 7, 2023 70 ITEM— V.K.11 ORDINANCES/RESOLUTIONS ITEM#74713 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Resolution to SUPPORT Revenue Sharing Project #100278, "Nimmo Parkway VII-B"and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100278 "NIMMO 3 PARKWAY VII-B" AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, Code of Virginia § 33.2-357 provides for the distribution of Revenue 9 Sharing Program funding from the Virginia Department of Transportation to localities in 10 the Commonwealth of Virginia primarily for the purposes of providing funds for 11 immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2023 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar for dollar matching 18 basis, whereby every dollar received from the Commonwealth must be matched by a 19 dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach will request an allocation of $7 million in 22 Revenue Sharing funds for construction and potentially utilities adjustments and site 23 acquisition in the 2023 application cycle for Project # 100278, "Nimmo Parkway VII-B." 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA THAT: 27 28 1. The City Council of the City of Virginia Beach supports the participation of 29 Project # 100278, "Nimmo Parkway VII-B," in the Virginia Department of Transportation 30 Revenue Sharing Program. 31 32 2. The City Council of the City of Virginia Beach hereby commits to fund the 33 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 34 of Project # 100278, "Nimmo Parkway VII-B," under agreement with the Virginia 35 Department of Transportation, in accordance with the project's financial document. 36 37 3. The City Manager and/or his designee is hereby authorized to execute all 38 agreements and/or addendums for approved projects with the Virginia Department of 39 Transportation. 40 41 4. The authorization provided by this resolution extends to the corresponding 42 name and UPC numbers for the project listed supra as such project is named or 43 designated by the Commonwealth in the Virginia Department of Transportation's Six-Year 44 Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 19 t h day of September , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /i4„, Budget and Min ement Services me s Office CA16304 R-1 September 7, 2023 71 ITEM— V.K.12 ORDINANCES/RESOLUTIONS ITEM#74714 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $8,007,388 from the Department of Defense Community Investment Pilot Program ; ACCEPT and APPROPRIATE $1.4-Million from the Virginia Military Community Infrastructure Grant Program and Fund; APPROPRIATE $2,031,738 from the General Fund to the FY2023-24 Police Department Operating Budget; TRANSFER such funds totaling $11,439,126 as Pay-Go funding to the FY2023-24 Capital Improvement Program Project #100536, re "Creeds Training Center Renovations" Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $8,007,388 FROM THE DEPARTMENT OF DEFENSE 3 COMMUNITY INVESTMENT PILOT PROGRAM, TO 4 ACCEPT AND APPROPRIATE $1,400,000 FROM THE 5 VIRGINIA MILITARY COMMUNITY INFRASTRUCTURE 6 GRANT PROGRAM AND FUND, TO APPROPRIATE 7 $2,031,738 FROM FUND BALANCE OF THE GENERAL 8 FUND TO THE FY 2023-24 OPERATING BUDGET OF THE 9 POLICE DEPARTMENT, AND TO TRANSFER SUCH 10 FUNDS AS PAY-GO TO THE CAPITAL IMPROVEMENT 11 PROGRAM 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA, THAT: 15 16 1. $8,007,388 is hereby accepted from the Department of Defense Community 17 Investment Pilot Program and appropriated, with federal revenue increased accordingly, 18 to the FY 2023-24 Operating Budget of the Police Department for funding building 19 improvements to the Police Department Training Facility at Creeds. 20 21 2. $1,400,000 is hereby accepted from the Virginia Military Community 22 Infrastructure Grant Program and Fund and appropriated, with state revenue increased 23 accordingly, to the FY 2023-24 Operating Budget of the Police Department for part of the 24 local match component of the Department of Defense Community Investment Pilot 25 Program grant. 26 27 3. $2,031,738 is hereby appropriated from the fund balance of the General 28 Fund to cover the remainder of the local match component of the Department of Defense 29 Community Investment Pilot Program grant. 30 31 4. $11 ,439,126 is hereby transferred as pay-as-you-go funding from the 32 Operating Budget of the Police Department to the FY 2023-24 Capital Improvement 33 Program for Project#100536, "Creeds Training Center Renovations." Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of September , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / c 0 1 �� G Budget anjMan gement Services C ttorney's Office CA16306 R-1 September 6, 2023 72 ITEM— V.K.13 ORDINANCES/RESOLUTIONS ITEM#74715 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$1.5-Million from the Virginia Department of Transportation State of Good Repair / Primary Extension Paving Program to CIP #100401, "Street Reconstruction II"re road paving projects Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION STATE OF GOOD REPAIR/ PRIMARY 4 EXTENSION PROGRAM TO CAPITAL PROJECT #100401, 5 "STREET RECONSTRUCTION II," FOR ROAD PAVING 6 PROJECTS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 $1,500,000 is hereby accepted from the Virginia Department of Transportation 12 State of Good Repair / Primary Extension Paving Program and appropriated, with 13 revenues increased accordingly, to Capital Project #100401, "Street Reconstruction II," 14 for road paving projects with the local portion for such paving projects to be provided by 15 Capital Project#100401. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of September 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: gLv•.- 0;i1 ( t)fb udget and Management Services Cit rney's 0 ice CA16296 R-1 September 7, 2023 73 ITEM— V.K.14 ORDINANCES/RESOLUTIONS ITEM#74716 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$650,000 from the Carbon Reduction Program to CIP #100537, "Dam Neck Road/ Holland Road Intersection Improvements" re stormwater infrastructure improvements Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $650,000 TO CAPITAL PROJECT #100537, "DAM 3 NECK ROAD/HOLLAND ROAD INTERSECTION 4 IMPROVEMENTS" 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $650,000 from the Carbon Reduction Program is hereby accepted and 10 appropriated, with revenues increased accordingly, to Capital Project #100537, "Dam 11 Neck Road/Holland Road Intersection Improvements," for stormwater infrastructure 12 improvements. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of September 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management ervices C ttorney's ffice CA16294 R-1 September 6, 2023 74 ITEM— V.K.15 ORDINANCES/RESOLUTIONS ITEM#74717 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$327,820 from the United States Department of Homeland Security to the FY2023-24 Police Department Operating Budget and TRANSFER$109,273 for a required local grant match re purchase of a replacement marine patrol vessel and electronics upgrade to a separate marine patrol vessel Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS FOR THE PURCHASE 3 OF EQUIPMENT FOR POLICE MARINE PATROL UNIT 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 1. $327,820 is hereby accepted from the United States Department of 8 Homeland Security and appropriated, with federal revenues increased 9 accordingly, to the FY 2023-24 Operating Budget of the Police Department 10 for the purchase of a replacement marine patrol vessel and electronics 11 upgrade to a separate marine patrol vessel. 12 13 2. $109,273 is hereby transferred within the FY 2023-24 Operating Budget of 14 the Police Department to provide the required local grant match. 15 16 3. The equipment purchased with these grant funds is not guaranteed to be 17 replaced by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of September , 2023. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: fe/4/41,v‘tstrial4;exx) Budget & Management Services i orney s Office CA16295 R-1 September 7, 2023 75 ITEM— V.K.16 ORDINANCES/RESOLUTIONS ITEM#74718 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$98,630 from the Department ofMotor Vehicles (DMV) to the FY2023-24 Police Department Operating Budget re overtime and equipment expenses related to speed enforcement Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENHANCED ENFORCEMENT OF SPEED 3 LAWS AND TO AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $98,630 is hereby accepted from the U.S. Department of Transportation 9 National Highway Traffic Safety Administration via the Virginia Department of Motor 10 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2023- 11 24 Operating Budget of the Police Department for overtime and equipment expenses 12 related to speed enforcement. 13 14 2. The local grant match provided from in-kind resources within the Police 15 Department equal to 50% of the federal funds is hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of September , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services rney's Office - CA16298 R-1 September 7, 2023 76 ITEM- V.K.17 ORDINANCES/RESOLUTIONS ITEM#74719 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$67,450 from the Department of Motor Vehicles (DMV) to the FY2023-24 Police Department Operating Budget re overtime, training, and equipment expenses related to DUI enforcement Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $67,450 is hereby accepted from the U.S. Department of Transportation 9 National Highway Traffic Safety Administration via the Virginia Department of Motor 10 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2023- 11 2024 Police Department Operating Budget for overtime, training, and equipment 12 expenses related to DUI enforcement. 13 14 2. The local grant match of in-kind resources within the Police Department 15 equal to 50% of the federal funds is hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of September , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management ervices orney's Office CA16297 R-1 September 7, 2023 77 ITEM— V.K.18 ORDINANCES/RESOLUTIONS ITEM#74720 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE$599,000 to the Virginia Beach Volunteer Rescue Squad,Inc. re an interest free loan to purchase two (2)new ambulances Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE VIRGINIA BEACH 3 VOLUNTEER RESCUE SQUAD, INC., FOR THE 4 PURCHASE OF TWO NEW AMBULANCES 5 6 WHEREAS, the Virginia Beach Volunteer Rescue Squad, Inc., has requested an 7 interest-free loan of $599,000 to purchase two replacement ambulances with required 8 equipment. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That $599,000 is hereby appropriated from the fund balance of the General 14 Fund for an interest-free loan to the Virginia Beach Volunteer Rescue 15 Squad, Inc., for the purchase of two replacement ambulances; and 16 17 2. That this loan is to be repaid by the Virginia Beach Volunteer Rescue 18 Squad, Inc., over five (5) years, pursuant to the terms of the attached 19 agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of September 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B d et and an g g ent Services • rn y's ffice CA16299 R-2 September 13, 2023 Agreement between the.City of Virginia Beach and the Virginia Beach Volunteer Rescue Squad,Inc. THIS AGREEMENT is made and entered into this day of , 2023, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Virginia Beach Volunteer Rescue Squad, Inc a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNES SETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s)through the CITY's Division of Automotive Services, so long as the vehicle(s)remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s) according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date,and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), 1 unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services,it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s)in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s),the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $599,000.00 Virginia Beach, Virginia September , 2023 FOR VALUE RECEIVED, Virginia Beach Volunteer Rescue Squad, Inc., ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of FIVE HUNDRED NINETY-NINE THOUSAND DOLLARS AND ZERO CENTS ($599,000.00) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before November 15, 2024 - $119,800.00 On or before November 15, 2025 - $119,800.00 On or before November 15, 2026 - $119,800.00 On or before November 15, 2027 - $119,800.00 On or before November 15, 2028 - $119,800.00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest,notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Virginia Beach Volunteer Rescue Squad, Inc. (SEAL) Title: Date: • 78 ITEM— V.K.19 ORDINANCES/RESOLUTIONS ITEM#74721 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE$587,676 from the Technology Trust Fund to the FY2023-24 Clerk of the Circuit Court Operating Budget re support technological related needs and upgrades Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 AN ORDINANCE TO APPROPRIATE $587,676 TO THE 2 CLERK OF THE CIRCUIT COURT'S FY 2023-24 OPERATING 3 BUDGET FOR TECHNOLOGY RELATED EXPENSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 $587,676 from the Technology Trust Fund is hereby appropriated, with revenues 9 increased accordingly, to the FY 2023-24 Operating Budget of the Clerk of the Circuit Court 10 to support technological related needs and upgrades. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of September , 2023. Requires an affirmative vote by a majority of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services Cit rn y's Office CA16292 R-1 September 6, 2023 79 ITEM— V.K.20 ORDINANCES/RESOLUTIONS ITEM#74722 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE $20,267 from the Virginia Department of Criminal Justice Services to the FY2023-24 Police Department Operating Budget re social media advertisements, targeted media e-mail distribution, website advertisements, and retargeted ad purchases with the goal of recruitment of sworn personnel Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 AN ORDINANCE TO APPROPRIATE FUNDS FOR THE 2 RECRUITMENT OF SWORN PERSONNEL 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $20,267 is hereby appropriated, with miscellaneous revenue increased 8 accordingly, to the FY 2023-24 Operating Budget of the Police Department for social 9 media advertisements, targeted media e-mail distribution, website advertisements, and 10 retargeted ad pushes with the goal of recruitment of sworn personnel. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of September 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and'Ma agement Services Ci n s O e CA16293 R-1 September 7, 2023 80 ITEM— V.K.21 ORDINANCES/RESOLUTIONS ITEM#74723 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Resolution to APPROVE the Modification of a Construction Contract re Lake Pleasure House Outfall Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemafy Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 1 A RESOLUTION APPROVING THE MODIFICATION 2 OF A CONSTRUCTION CONTRACT FOR LAKE 3 PLEASURE HOUSE OUTFALL 4 5 WHEREAS, in April 2022, the City executed a contract with Conquest USA, Inc. 6 to provide construction services for the modifications to the Lake Pleasure House 7 Outfall stormwater pump station as part of the execution of Capital Project 8 #100229.002, "Lake Pleasure House Outfall;" 9 10 WHEREAS, due to unforeseen site conditions and the need to modify the 11 existing stormwater pump station control panel, the contract requires modifications that 12 exceed 25% of the original contract; 13 14 WHEREAS, the additional construction required to accomplish the scope of this 15 project will increase the contract price by 34% over the original fixed-price contract 16 amount of$944,570; and 17 18 WHEREAS, the Virginia Public Procurement Act requires City Council approval 19 of changes to contracts that exceed $50,000 or 25% of the original contract price, 20 whichever is greater. 21 22 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA THAT: 24 25 The City Council hereby approves the modification of the aforementioned 26 construction contract with Conquest USA, Inc. with a revised contract price of 27 $1,266,570. Adopted by the City Council of the City of Virginia Beach, Virginia, this 19th day of September , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department cf Public Works `Cit r y s ice CA16290 R-2 September 11, 2023 81 ITEM— V.L.1 PLANNING ITEMS ITEM#74724 The following registered to speak: Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION Susie Price, 2409 Millwood Road, Phone: 651-6151, did not respond Glenn Cherry, 1600 Shenton Court, Phone: 639-6730, spoke in OPPOSITION Julia Cherry, 2408 Cedar Bark Road, Phone: 639-6745, spoke in OPPOSITION Ginny Passaris, 2409 Pineland Lane, Phone: 409-5105, spoke in OPPOSITION Derrick Copeland, President of Great Neck Civic League, 1513 Selden Street, Phone: 318-207-0118, spoke in OPPOSITION Windy Crutchfield, 4016 Rampart Avenue, Phone: 646-8056, spoke in OPPOSITION Martha Thereault, 4311 Black Beard Road, Phone: 287-2808, spoke in OPPOSITION Travis Thereault, 4311 Black Beard Road, Phone: 287-2808, spoke in OPPOSITION Upon motion by Council Member Taylor, seconded by Council Member Holcomb, City Council DEFERRED TO OCTOBER 17,2023,BY CONSENT, WYCLIFFE PRESBYTERIAN CHURCH for a Modification of Conditions to a Conditional Use Permit re religious use at 1445 North Great Neck Road, 2307 Millwood Road and a parcel between 2307& 2309 Millwood Road DISTRICT 8 September 19, 2023 82 ITEM— V.L.2 PLANNING ITEMS ITEM#74725 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of BURNETTE BAUM DEVELOPMENT CORPORATION for a Conditional Use Permit re car wash facility at 6213 Indian River Road DISTRICT 1 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 BURNETTE BAUM DEVELOPMENT CORPORATION for a Conditional Use Permit re car wash facility at 6213 Indian River Road (GPIN 1456336782)DISTRICT 1 The following conditions shall be required: 1. The site shall be developed in substantial conformance with the submitted site plan entitled "Cool Wave Car Wash— Virginia Beach, VA Conceptual Development Plan,"dated July 15, 2023,prepared by Timmons Group, and "Cool Wave Car Wash— Virginia Beach, VA Conceptual Landscape Plan," dated July 15, 2023,prepared by Timmons Group, which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The car wash building shall be constructed in substantial conformance with the submitted elevations as prepared by the applicant and as exhibited in the staff report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development 3. A Category IV landscape buffer shall be installed between pay lanes and the drainage easement as shown on the conceptual landscaping plan. 4. A minimum six(6)foot tall privacy fence similar in style and material to Sherwood Fence Panels shall be installed as part of the Category IV landscape buffer referenced in Condition 3 and along the southeast property line between the vacuum spaces and adjacent properties. 5. The vacuum stations shall have an all-white assembly with blue hoses, white trash receptacles, and white posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 6. Vacuums shall be single turbine, not central turbine. September 19, 2023 83 ITEM— V.L.2 PLANNING ITEMS ITEM#74725 (Continued) 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. The vehicular access at the rear of the site onto Old Providence Road shall only be used by emergency vehicles and shall otherwise be blocked for use by vehicles (e.g., gated). Non-emergency vehicular ingress and egress shall only be from the Indian River Road access. 10. Dumpster service shall be limited to the hours between 8:00 a.m. and 6:00 p.m. Dumpster service shall only access the site from Indian River Road. 11. All on-site signage shall meet the requirements of the City Zoning Ordinance (CZO). Any freestanding signage shall be limited to one(1)monument-style sign that shall be no taller than eight (8)feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 12. Pay station signage shall be constructed in substantial conformance with the submitted drawing as exhibited in the staff report as prepared by the applicant and as exhibited in the staff report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 13. There shall be no portable or nonstructural signs or electronic display signs on the site. 14. Prior to final site plan approval, a Lighting Plan in accordance to Section 252 of the City Zoning Ordinance (CZO), or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. 15. All outdoor lights shall have static lighting and shall be natural hues(e.g., white light). 16. The hours of operation of the Car Wash Facility shall be limited to the hours of 7:30 a.m. to 8:00 p.m. daily in the summer, spring, and fall and to the hours of 7:30 a.m. to 7:00 p.m. daily in the winter. September 19, 2023 84 ITEM— V.L.2 PLANNING ITEMS ITEM#74725 (Continued) This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 10 day of September Two Thousand Twenty Three. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 -,./ -- e", C, „/ ---,. , -, h N. B2 �--ter h Yl `., • -�� \` , F. / N-„,,,,,, Nr#04- .„ -. „ � i i °dam �•� 0.,,_. . .!/:, :.7'. .,. ..., ,, B2"/„.,1,-, ./. _____ . 111/4/ 4ti L / / 14 . t !!If A36 - _ �-_ - 0Id Providence Road v 7 , Site Burnette Baum Development Corporation N olbt Property Polygons 6213 Indian River Road 5 • II Zoning Building Feet 01530 60 90 120 150 180 85 ITEM— V.L.3 PLANNING ITEMS ITEM#74726 Upon motion by Vice Mayor Wilson,seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of KIDS ADVENTURE/SIKIRU ADEDOYIN for a Conditional Use Permit re family day-care home at 5408 Larissa Court DISTRICT 1 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KIDS ADVENTURE/SIKIRU ADEDOYIN for a Conditional Use Permit re family day-care home at 5408 Larissa Court (GPIN 1466201213)DISTRICT 1 The following conditions shall be required: 1. The Family Day-Care Home shall only operate as an accessory use to the single-family residence. 2. The Family Day-Care Home shall be limited to a total of six (6) children, other than children living in the home. 3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The arrival and departure times shall be staggered to avoid vehicular congestion. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license will result in revocation of the Family Day-Care Home Conditional Use Permit. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19th day of September Two Thousand Twenty Three. September 19, 2023 86 ITEM— V.L.3 PLANNING ITEMS ITEM#74726 (Continued) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 _,J , -----„, I,1_11.17 \ I 1 ,. m / I. J . Q in Ncp R5D 0 ( II \/ _ICII3 I I I -- -- - \ ! , F-1 ,! r A Site Kids Adventure v, V81 I Property Polygons 5408 Larissa Court ��`� JZoning Building Feet 0 510 20 30 40 50 60 87 ITEM— V.L.4 PLANNING ITEMS ITEM#74727 The following registered to speak: Chris Heidebur, Applicant, 313 Gale Avenue, Chesapeake, Phone: 869-8287, spoke in SUPPORT Clyde Covington, 568 Woodstock Road, Phone: 420-1011, spoke in SUPPORT Tony Cerza, 3796 Jefferson Boulevard, Phone: 615-8277, spoke in SUPPORT Michael Rezainik, 4004 Atlantic Avenue, Phone.217-6078, spoke in OPPOSITION Upon motion by Council Member Ross-Hammond, seconded by Vice Mayor Wilson, City Council APPROVED, AS CONDITIONED, application of SPEEDGEARZ, LLC/ COVINGTON FAMILY TRUST for a Conditional Use Permit re automobile repair garage at 212 Dorset Avenue DISTRICT 4 (Deferred from September 5, 2023) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SPEEDGEARZ, LLC/ COVINGTON FAMILY TRUST for a Conditional Use Permit re automobile repair garage at 212 Dorset Avenue (GPIN 1477041749) DISTRICT 4 (Deferred from September 5, 2023) The following conditions shall be required: 1. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 2. No motor vehicle repair work shall take place outside of the building. 3. No motor vehicles associated with the Conditional Use Permit shall be parked within any portion of the public right-of-way. 4. There shall be no outdoor storage of equipment,parts, tires, or materials. 5. All on-site signage shall meet the requirements of the City Zoning Ordinance. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 6. There shall be no portable or nonstructural signs or electronic display signs on the site. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. September 19, 2023 88 ITEM—V.L.4 PLANNING ITEMS ITEM#74727 (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 19`h day of September Two Thousand Twenty Three. Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None September 19, 2023 CD d CD in � B 11 WASite Speedgearz, LLC \, 14 Property Polygons 212 Dorset Ave Zoning Building Feet 0 510 20 30 40 50 60 89 ITEM— V.L.5 PLANNING ITEMS ITEM#74728 Upon motion by Council Member Remick, seconded by Vice Mayor Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of LONDON BRIDGE DEVELOPMENT, LLC for a Conditional Use Permit re bulk storage yard at 130 London Bridge Road DISTRICT 6 (Deferred from September 5, 2023) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LONDON BRIDGE DEVELOPMENT, LLC for a Conditional Use Permit re bulk storage yard at 130 London Bridge Road (GPIN 2407048646)DISTRICT 6(Deferred from September 5, 2023) The following conditions shall be required: 1. Operation of the site shall be in substantial conformance with the submitted Conceptual Site Layout exhibit entitled, "Conceptual Site Layout—London Bridge Laydown Yard," dated June 22, 2023, which has been exhibited to the Virginia Beach City Council and is on; file in the Department of Planning and Community Development. 2. This Conditional Use Permit shall remain valid for a period of three years from the date of City Council approval. Prior to the three(3)year expiration period, the applicant, upon written request to the Director of Planning, may request a one-year extension of the Conditional Use Permit approval. Approval of such extension shall be subject to the review and approval of the Director of Planning. No more than two, one-year extensions shall be granted. 3. Except as depicted on the Conceptual Site Layout, perimeter fencing and Category VI landscaping shall not be required. This is a deviation to Section 228 of the Zoning Ordinance. 4. A six(6)foot tall privacy fence, depicted on the Conceptual Site Layout, shall be installed at a time agreeable to both the Virginia Beach Police Department and the Department of Planning and Community Development, at which time the existing chain-link fence along London Bridge Road shall be removed. S. The applicant shall install flexible posts that are affixed to the pavement or a method approved by the Department of Public Works on Commerce Parkway to prevent motorized vehicles from making left turns onto London Bridge Road. The posts shall be maintained for the duration of this use. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. September 19, 2023 90 ITEM- V.L.5 PLANNING ITEMS ITEM#74728 (Continued) Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`'` day of September Two Thousand Twenty Three. Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman and Sabrina D. Wooten Council Members Abstaining: Jennifer Rouse, Chris Taylor and Vice Mayor Rosemary Wilson Council Members Absent: None September 19, 2023 46, City of Vir irii:401a Beach eC. r za r sy�s ., ego Op OUR NAT�OI� VBgoV.00m ROSEMARY WILSON PHONE:(757)422-0733 VICE MAYOR RCWilson(aZvbgov.com COUNCIL MEMBER-DISTRICT 5 September 19, 2023 In Reply Refer to 0084691 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's consideration of the application of London Bridge Development,LLC for a conditional use permit at 130 London Bridge Road. 2. The applicant seeks a conditional use permit for a bulk storage yard to operate a temporary laydown yard to support the operations of Dominion Energy and the construction of the Coastal Virginia Offshore Wind project. 3. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street, Richmond,Virginia 23219. 4. I hereby disclose this interest, and I will abstain from the City Council's consideration of this item. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, • Rosemary A. Wilson Vice Mayor RAW/RRI 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451 -tom �"v -!1 if!, ----- )\/1 ! iiic-----:64,,,,90 .__,._._., ----- _, ____ l -'F lifIL „Ai, / ____ pp Q, JJ ji ,, y AA ,_ . _______ _______ _________ _______ _ _____ ,__ _.,___ . ,_ -. ___ m ----'''- -- l‘eb At ,,,,Jr .P• Uil eVriAt: f• je . ' • + ' - / •S tt t` 0 / • risd3 2 t B2 : .4 i /i +I rt / - v /r —R1:0.$/4 �+r�R10 12 v ,, Site ". �\ 1 Property Polygons London Bridge Development, LLC 4 Zoning 130 London Bridge Road Building Feet 0 40 80 160 240 320 400 480 91 ITEM— V.L.6 PLANNING ITEMS ITEM#74729 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED,BY CONSENT,application of FRANCES ROBBINS-OMAN/FRANCES BOBBINS- OMAN AND KYLE OMAN for a Conditional Use Permit re short term rental at 907 Pacific Avenue DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA FRANCES ROBBINS-OMAN/ FRANCES ROBBINS-OMAN AND KYLE OMAN for a Conditional Use Permit re short term rental at 907 Pacific Avenue (GPIN 24272444111000)DISTRICT 5 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling units addressed 907 Pacific Avenue 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. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the 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. This Short Term Rental may y 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. September 19, 2023 92 ITEM— V.L.6 PLANNING ITEMS ITEM#74729 (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 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. September 19, 2023 93 ITEM— V.L.6 PLANNING ITEMS ITEM#74729 (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 time 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 (3)years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the 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. September 19, 2023 94 ITEM— Y.L.6 PLANNING ITEMS ITEM#74729 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19h day of September Two Thousand Twenty Three. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 , \ \ . \\\:\ 9 a . 1` V IC ➢q • • flee% Site Frances Robbins-Oman . *1 95 ITEM— V.L.7 PLANNING ITEMS ITEM#74730 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED,BY CONSENT,application of JIM L UTZ/L UL U I LLC for a Conditional Use Permit re short term rental at 921 Pacific Avenue, Unit A & 915 Pacific Avenue, Unit B DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JIM LUTZ/LULU I LLC for a Conditional Use Permit re short term rental at 921 Pacific Avenue, Unit A&915 Pacific Avenue, Unit B(GPINs 24272444111125, 2427444111070)DISTRICT 5 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling units addressed 921Pacific Avenue, Unit A 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. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development;however, the Department shall not fy the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physically present at the Short Term Rental within one (1) hour. September 19, 2023 96 ITEM— V.L.7 PLANNING ITEMS ITEM#74730 (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 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. September 19, 2023 97 ITEM— V.L.7 PLANNING ITEMS ITEM#74730 (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 time 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 (3)years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the 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. September 19, 2023 98 ITEM— V.L.7 PLANNING ITEMS ITEM#74730 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19th day of September Two Thousand Twenty Three. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 • l\ \ 1 `� 1 1 t \ 1 , \, r .-------- /r OR .. G y t4 • gth street Site \ �� Jim Lutz nw Property Polygons 921 Pacific Avenue, Unit A & 915 Pacific Avenue, Unit B Zoning Building Feet 0 510 20 30 40 50 60 99 ITEM— V.L.8 PLANNING ITEMS ITEM#74731 The following registered to speak: Cathleen Sprauer, Applicant, 720 Surfside Avenue, Phone: 740-334-3447, spoke in SUPPORT Phillip Hines, 4376 Lynnville Crescent, Phone: 897-3538, spoke in SUPPORT Christopher Sprauer, 720 Surfside Avenue, Phone: 772-260-5950, spoke in SUPPORT Upon motion by Council Member Remick, seconded by Vice Mayor Wilson, City Council APPROVED,AS CONDITIONED, application of ASCENSIONS GROUP,LLC/AG THE WAVE,LLC fora Conditional Use Permit re short term rental at 400 22"d Street&2106 Arctic Avenue DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ASCENSIONS GROUP,LLC/AG THE WAVE,LLC for a Conditional Use Permit re short term rental at 400 22nd Street&2106 Arctic Avenue (GPIN 2427085567)DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling units addressed 400 22"d Street &2106Arctic Avenue 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. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the 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. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. September 19, 2023 100 ITEM— V..L.8 PLANNING ITEMS ITEM#74731 (Continued) 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. 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 identfies 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. September 19, 2023 101 ITEM— V.L.8 PLANNING ITEMS ITEM#74731 (Continued) 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 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 time 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 (3)years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the 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. September 19, 2023 102 ITEM— V.L.8 PLANNING ITEMS ITEM#74731 (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 1961 day of September Two Thousand Twenty Three. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 NN.,c 22nd street 7 ,. -cli \ \_\\.____\_ -______ \\\ \ \ `� ni,` Q . OR VR ` `\ \ t • • \ •/, t � , r'r r , 7 A Site Ascensions Group, LLC wiEci,(9.1 Property Polygons 400 22nd Street, 2106 Arctic Avenue 5 QZoning Building Feet 0 510 20 30 40 50 60 103 ITEM- V.L.9 PLANNING ITEMS ITEM#74732 The following registered to speak: Nicholas Iuliano,Applicant, 505 20th %Street, spoke in SUPPORT Nicole Pace, 1600 Granby Street, Norfolk, Phone: 449-1613, spoke in SUPPORT Sarah Welch, 522 201/Street, Phone: 704-609-1590, spoke in OPPOSITION Upon motion by Council Member Remick, seconded by Council Member Holcomb, City Council DENIED application of NICHOLAS IULIANO for a Conditional Use Permit re short term rental at 505 20``' % Street DISTRICT 6(Deferred from August 15, 2023) Voting: 9-2 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, N. D. "Rocky"Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina Wooten Council Members Voting Nay: Barbara M Henley and Chris Taylor Council Members Absent: None September 19, 2023 104 ITEM— EL.10 PLANNING ITEMS ITEM#74733 The following registered to speak: Nicholas Iuliano, Applicant, 507 20th 1/Street, spoke in SUPPORT Sarah Welch, 522 201/z Street, Phone: 704-609-1590, spoke in OPPOSITION Upon motion by Council Member Remick, seconded by Vice Mayor Wilson, City Council DENIED application of JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20`'` 1/ Street DISTRICT 6(Deferred from August 15, 2023) Voting: 8-3 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer,N. D. "Rocky"Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson Council Members Voting Nay: Barbara M. Henley, Chris Taylor and Sabrina Wooten Council Members Absent: None September 19, 2023 105 ITEM- V.M APPOINTMENTS ITEM#74734 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 HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD September 19, 2023 106 ITEM— V.M APPOINTMENTS ITEM#74735 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: ROB LINDA UER Unexpired thru 6/30/2024 Plus three year term 7/1/2024—6/30/2027 ACTIVE TRANSPORTATION ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor RobertM.Dyer, Barbara M.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 107 ITEM— V.M APPOINTMENTS ITEM#74736 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: BRANDON R.HORSLEY Unexpired term thru 9/30/2025 BETSYN.MORRIS Four year term 10/1/2023—9/30/2027 AGRICULTURE ADVISORY COMMISSION Voting. 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 108 ITEM— V.M APPOINTMENTS ITEM#74737 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: A UBREY MOORE AMANDA WONG SAMANTHA VOLKRINGER (Student Members) Student term thru 6/30/2024 BAYFRONT ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 109 ITEM— V.M APPOINTMENTS ITEM#74738 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: KATHERINE ROTOLO (Student Member) Student term thru 6/30/2024 CLEAN COMMUNITY COMMISSION Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 110 ITEM— V.M APPOINTMENTS ITEM#74739 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: ROBERT HOFHEIMER (Public Library Board Liaison) Three year term 11/1/2023—10/31/2026 COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor RobertM.Dyer,BarbaraM. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 111 ITEM— V.M APPOINTMENTS ITEM#74740 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: ERIC KEPLINGER Unexpired term thru 8/31/2025 DEVELOPMENT AUTHORITY Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 112 ITEM— V.M APPOINTMENTS ITEM#74741 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: ANN MITCHUM (Student Member) Student term thru 6/30/2024 And REAPPOINTED: JENNA MORRIS (Student Member) Student term 10/1/2023—6/30/2024 HISTORIC PRESERVATION COMMISSION Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor RobertM.Dyer, Barbara M.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 113 ITEM— V.M APPOINTMENTS ITEM#74742 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: NICHOLAS L UNDGREN (Student Member) Student term thru 6/30/2024 HUMAN RIGHTS COMMISSION Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,N. D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemafy Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 114 ITEM— VILM APPOINTMENTS ITEM#74743 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: CLINTON MILLS Representing District 3 Unexpired term thru 8/31/2025 TRACEY MITCHELL Representing District 6 Three year term 9/19/2023—8/31/2026 EUGENE TOWLER Representing At Large Three year term 9/19/2023—8/31/2026 And REAPPOINTED: ROBERT HARDEGEN Representing District 9 Three year term 9/1/2023—8/31/2026 PARKS AND RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 115 ITEM— V.M APPOINTMENTS ITEM#74744 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: TIFFANYARGUELLO JAMES VATERPOOL Four year term 9/19/2023—8/31/2027 PUBLIC LIBRARY BOARD Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 116 ITEM— V.M APPOINTMENTS ITEM#74745 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: KINTE SMITH Unexpired thru 12/31/2023 Plus four year term 1/1/2024—12/31/2027 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosernary Wilson and Sabrina D. Wooten Council Members Absent: None September 19, 2023 117 ADJOURNMENT ITEM#74746 Mayor Robert M.Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:27P.M. i Terri H. Chelius Chief Deputy City Clerk L \\,(i\ a Barnes,MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia September 19, 2023