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MARCH 5, 2024 FORMAL SESSION MINUTES
B y Z S Of OUR RArO� VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia MARCH S,2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,March S, 2024, at 1:00 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: David Hutcheson—Out of Town CITY COUNCIL'S BRIEFINGS 024 GENERAL ASSEMBL Y UPDA 1:01 P.M. Mayor Dyer welcomed Andrew Damon,Legislative Affairs Analyst.Mr.Damon expressed his appreciation to City Councilfor their continuedsupport: General Assembly Legislative Update Brent McKenzie,Legislative Affairs Liaison March 4,2024 VIRGINIA �� BEACH 2024 General Assembly Update Today's update: • Status on the Legislative Agenda items • Legislation of interest • Federal budget update Goal of today's presentation is to provide a brief update on the General Assembly session. 3 CITY COUNCIL'S BRIEFINGS 2024 GENERAL ASSEMBLY UPDATE ITEM#75323 (Continued) The next few slides provide the Status of Legislative Agenda items: HB 416 10-1 Charter Passed the House 75-24-1;Passed Senate 39-0. • Now goes to Governor for his action. S8 189 10-1 Charter Passed Senate 40-0;Passed House 68-31-1 • Governor's deadline to respond March 8th at 11:59pm SB 262 Board of Equalization Passed Senate 40-0;Passed House 97-0. • Now goes to Governor for his action. HB 415Board of Equalization Passed the House 100-0;Passed Senate 40-0 • Now goes to Governor for his action. SB 188 10-1 General Law Passed Senate 40-0;Reported from House P&E 11-9. • 2nd reading on House floor today.Vote likely tomorrow. HB 133 Toxic Exposure Fund Amended version passed House 98-0;Reported from Senate Finance 15-0. • 2nd reading on Senate floor today.Vote likely tomorrow. SB 650 Toxic Exposure Fund Senate made the same amendment that the House did,and it passed the Senate 40-0 • Substitute reported from House Appropriations 15-2.Passed House 98-0. HB 134 Fentanyl Education Passed House 99-0;Reported from Senate Education and Health with substitute(15-Y 0-N). Passed Senate 39-0. • House must agree to Senate amendments before it can go to the Governor HB 374 Minority Business Council Passed House 99-0;Reported from Senate Rules 15-0. • Will he voted on the Senate floor this week. Legislationof Skill Games HB 590 Virginia Small Business Does not include local authority or referendum Economic Development Act; Restaurants and convenient stores are limited to 4 games per location,up from 3 established. Truck stops limited to 10 games per location,up from 5 • Must be 21 years old to play SB 212 Virginia Small Business Does not require age verification technology be included on each game Economic Development Includes a new requirement that an establishment that allows a person under 21 to Act;established. engage in play will be guilty of a class-1 misdemeanor • 25%tax on gross profits,defined as all revenue generated minus prizes 0 15%to the Department for distribution to the localities in which skill game machines are located 0 1%to the law-enforcement agencies that have primary law-enforcement responsibilities in any locality in which skill game machines are located 0 75%to the Pre K-12 Priority Fund March 5, 2024 4 CITY COUNCIL'S BRIEFINGS 2024 GENERAL ASSEMBLY UPDATE ITEM#75323 (Continued) 5B 448 Cannabis control;retail •Creates a retail sales marketplace administered the Cannabis Control Authority market;penalties. •Sales could begin in May 2025 •Allows 350 retail stores,100 processing localities,and 50 cultivation sites state-wide •Allows localities to hold a referendum,by resolution from the local governing board to the circuit court,on whether to prohibit sales within locality(the default is to allow sales) •Locality may prohibit the possession or use in public parks,playgrounds,public streets or any sidewalk adjoining a public street •Retain local zoning and business license requirements •Localities may,by ordinance,restrict the hours in which marijuana is sold in the locality •Sales restricted to 21 years old or older •Products would be taxed at a maximum rate of 11.625%,with 8%going to the state, 2.5%a local option tax and 1.125%to K-12 education Here is the Federal Budget Update: Federal Budget Update Commerce,Justice,Science(CJS): Underthe U.S.Department of Justice's OJP—Byrne Grant Program—the City has secured$693,000 for the Creeds Training Facility Request Energy&Water: Underthe U.S.Army Corp of Engineers(Civil)—Investigations—the City has secured$400,000 for"Virginia Beach& Vicinity Coastal Storm Risk Management Study" Under the U.S.Army Corp of Engineers(Civil)—Operations&Maintenance—the City has secured$3,900,000 for the Rudee Inlet project Transportation Housing Urban Development(THUD): Under the U.S.Department of Transportation—Highway Infrastructure Program—the City has secured$3,000,000 for Laskin Road Phase I-B Congress has yet . agree to the remaining FY24 appropriations proceedexpire on March 22nd.Once that is done,the appropriations cycle will be complete,and Congress can March 5, 2024 5 CITY COUNCILS BRIEFINGS 2024 GENERAL ASSEMBLY UPDATE ITEM#75323 (Continued) Discussion Mayor Dyer expressed his appreciation to Mr. Damon for the presentation. March 5, 2024 6 CITY COUNCILS BRIEFINGS TIDEWATER COMMUNITY COLLEGE MISSION,PROGRAMS,ENROLLMENT UPDATE ITEM#75324 1:07 P.M. This presentation will be re-scheduled. March 5, 2024 SPORTSCITY CO UNCILS BRIEFINGS REINVESTMENT IN CURRENT 0r Mayor Dyer welcomed Brian Connolly, I Connolly I I his appreciation City Councilfor their continued III Convention 8� Visitors Bureau Victus Advisors Existing Facility Reinvestment Summary Nancy Neiman,Dirator,Convention and Visitors Bureau &ian Connolly.founder&Managin6 principal,Victus Advisors LIG March 5.2C_� V I C T U S SUMMARY PRESENTATION FOR CITY COUNCIL: �- EXISTINGFACILITYREINVESTMENTSTUDYFOR _/ virginia VIRGINIABEACHSPORTSFACILITIES � beach MARCH 5.2024 8 CITY COUNCILS BRIEFINGS REINVESTMENT IN SPORTS STUDY IN CURRENT FACILITIES ITEM#75325 (Continued) The next three(3)slides provide the study overview: STUDY OVERVIEW Victus Advisors was engaged by the City of Virginia Beach in December 2023 Analysis of potential capital reinvestment of$18.5 million in available Sports Tourism CIP funds in existing local Virginia Beach sports facilities. Four(4) local facilities requested Sports Tourism CIP funding totaling $34.3 million: TOTAL REQUESTED Facility CIP FUNDS Hampton Roads Soccer Complex $15,000,000 Virginia Beach Sportsplex&Field Hockey Training Center $9,390,000 Princess Anne Athletic Complex $7,800,000 Pickleball Virginia Beach $2,100,000 TOTAL L$34,290,000 STUDY• • Victus had two(2)Primary Droiect goals for this study: 1) Evaluate local sports facilities for re-investment consideration, and assess which facility re-investments could yield the highest ROI for the City. 2) Make recommendations regarding contract/ordinance standards and approaches for operations of sports facilities on City-owned property. March 5, 2024 9 CITY COUNCILS BRIEFINGS REINVESTMENT IN SPORTS STUDY IN CURRENT FACILITIES ITEM#75325 (Continued) ` ► STUDY• • Victus interviewed current/projected users of the 4 facilities.Interview goal was to identify incremental sports tourism impacts that could be generated by: a) Facility improvement funds requested by the Operator,versus... b) Any other improvements that might be preferred by the Sports User Groups --------------------------------------------------------------- 25 COMPLETED INTERVIEWS • Beach FC Tidewater Soccer Referee Association • Championship 7v7 Football US Lacrosse • Clubwaka USA Field Hockey • Coastal Crush Lacrosse USA Lacrosse • Cross Country Advocate USA Pickleball • Friday Night Lights Youth Flag Football USA Softball of Virginia • J&A Racing USSSA Adult Softball • Liga Internacional de Futbol USSSA Baseball • National Flag Football League USSSA Virginia Beach Baseball OTSL Virginia Beach Mustangs • Professional Pickleball Association(PPA) Virginia Rush • Southeastern Virginia Women's Soccer Virginia Wesleyan University Cross Association Country • Special Olympics of Virginia IMPROVEMENT March 5, 2024 10 CITY COUNCIL'S BRIEFINGS REINVESTMENT INSPORTS STUDYIN CURRENT FACILITIES ITEM#75325 (Continued) The next four(4)slide provide the operator and user requests for each of the facilities studied. Below are the requests for the Hampton Roads Soccer Complex: HAMPTON ROADS • COMPLEX: OPERATOR REQUESTSREQUESTS REQUESTED FACILITY UPGRADES Gen AesNeOc u redea shade smx s,bemroone,etc. Bathroom more bkechera L I Add hU ro existi arch rew fads to L'hm on ev r!eM M—Fields Gera-1.0 Sella &10 eruficiel wd fields Perkin Resudece—add lighh to exiaGig parking,devekp g walkway lrom erryhiMeeter for more peMirg Mora lighted perking spoR end closer ro Amficiel Turf Fieltls Resurface existin elSSciel tud fields More ervficial Curl fields Pots Eel Emrwmk Impxt OrganlsaSon Expansion of Existing Evens New E�j Beach FC Clubwaka Lga Intemac...I de Fumol Nab-al Flag Football League 1 OTSL 7 SEVWSA 1 SOVA VA Rush 1 TOTAL 4 7 HRSC operator requests closely align with the requests of the sports event organizers. 'Norc.lnnemenuleronresemareis Gash sow an me spvb userpray eaVruvementrepuests Below are the requests for Pickleball. - OPERATOR REQUESTSREQUESTS REOUESTED FACILRY UPGRADES un 6udeca Reaudxv eM r gnWare aiMforre Covers M NWlcourbMCM um G CourY Cavern Menorre rnurt Clm cGionsfi C ew hU Mr hM me m ions PofenaY Ecoromk Impact Organ-lion Expansion of Existing Events New Events PPA Tour USAPA Other Pickleball Groups 2 TOTAL 0 5 Piddebell operator requests cbsely align with the requests of the sports event organizers. 1 nbrc.MoemmMlevenre meha GeseJUVNyan me+t�userpmp mVra✓e'awvrepuesn March 5, 2024 11 CITY COUNCILS BRIEFINGS REINVESTMENT IN SPORTS STUDYIN CURRENT FACILITIES ITEM#75325 (Continued) Below are the requests for the Princess Anne Athletic Complex: • REQUESTED FACILITY UPGRADES General Balbroom updalas.roatlwey eM espbell bail repairs end Slorege aM oHee apace,peviliorrs anti stmdetl strucNres. repaving,rreatirg apace I«01!ieh,a boner conceasions,Wi-Fr capadlrlres.more seen Cana level b Atltl 1' m b exia' erd nee fields Bdl F.I& Make(reNs ad astable f«venous e Mae FNI6 6 nesv eMficial tad fields P RewH— rIin lot Resurface existing artifci.1 tad fields end convert My(2) Arts'el Tud R.W. recbrguler greas fieltla to edi6ciel tad.Mrcirg around Convert ell reclenguler grass end ball fwlds to edificial tad artificial lad felts Po1wMYl Ecanmk Impeq Organiietlon E.pension of Existing Evenm Nw Es— US Lecmeae 1 2 USA S.M1 11 2 USSSA Beeebell 5 6 OMer Endurance Groups 3 Virginia Wesleyan Craea Gauntry 2 T.v�wm.o-...s a<...w.r.•. TOTAL S 14 PMC operator requests do not closely alien with the requests of the sports event organizers. Sports groups would prefer:a)all grass fields converted to artificial turf,b)addition of six(6)new artificial turf rectangular fields,and c)running trailstcross country course. ,neaparaaa.. Below are the requests for the VB Sportsplex&Field Hockey Training Center: 01 ••• . - REQUESTED FACILITY UPGRADES YMe1�m eaaLLlB'�•�'pO -' UPpretled Eelnroonc eM rew con essrons atanE at F.- NewFreNHodayShdum rmrd-rMYe avid MCl rredRel me FwM RodraY Tnnrg Hoceey TrainaBCenrer.Wiii®aebitrlres MmuBlroN an E" FeM Male Fhpa b FbN 2 l'tin br Freld 2 Mae ANfuI Tat Fieaa vAM Leah Tw new anaral earswd.M1 IipAb.�mre Bran trenip Comm Brews fads I.PW n eraoel lad Mlds riM Igtm PotmAN E c Impp Organintlon Expanslon of Existing Events New Events Championship 70 Fwftll 1 HRAYFL 1 USA Field Hockey 3 3 UYFL VB Mustsngs 1 3 TOTAL 6 10 rSptutsplex operator requests closely align with the requests of the sports event organizers. trewa�a�aera�w,a;mP-o.e,�m.�vaea 10 March 5, 2024 12 CITY COUNCIL'S BRIEFINGS REINVESTMENT INSPORTS STUDYIN CURRENT FACILITIES ITEM#75325 (Continued) Here is a summary of economic impacts for the four(4)facilities studied: ESTIMATED ECONOMIC IMPACT SUMMARY BASED UPON SPORTS USER GROUP REQUESTS PROJECTED INCREMENTAL IMPACTS Annual Expsnded/Nsw Total Contracted %of Facility Sports Events Attendees Rooms Total Princess Anne AtNetic Complex 20 28,125 20,000 41% VA aeach Sportsplex/Field Hockey Tranng Center 16 24,301 14,000 29% Hampton Roads Soccer Cpmplex 11 58,300 9,000 18% Pickleball Virginia aeach 5 10,DD0 6,000 12% TOTAL-ALL SPORTS EVENTS 1 52 120,726 49.000 100% Nxes: SnM DY CmlraclsCRoa+neh Oresxd'nanLbl. l/K/errenlel BGvna'rxCimpt.YsfeIM6sI an Wrode psseEBoeivm ay mra uawarwn If all of the sports user groups'requested improvements were made at each facility,Victus Advisors estimates demand for: Up to 36 new&16 expanded sports events • Up to 49,000 more contracted room nights could be generated from these 52 events ,wre./�•,r./.a.,o-„F;mwnHl�.l•:.re s<e.o«/Yo,a.w•r,,,.-a,o,w;mv,�K„ww2a„�• The next few slides provide recommended options RECOMMENDED OPTIONS FOR LOCAL SPORTS FACILITY REINVESTMENT Victus has identified two (2) potential options for City Council to consider regarding how to invest Sports Tourism CIP funds in local sports facilities: • Distribution based solely on projected economic impact of each venue's requested improvements • Distribution to all facilities who submitted funding requests March 5, 2024 13 CITY COUNCILS BRIEFINGS REINVESTMENT IN SPORTS STUDYIN CURRENT FACILITIES ITEM#75325 (Continued) Recommended Sports Tourism CIP Fund Distribution Based Solely on Projected Economic Impact' Pickleball Virginia Beach: Immediate 8 Short-Term CourW 00 enue Needs S402,0 Championship Court lmprovemrm $1,700 000 11% Plcklebell-Total: $2.102.000 VB Sporteplex 8 Field Hockey Training Center: Replace Grass with 2 Arfificialf-ighted Fields $2,311.000 Flatten Berm 8 Create Grass Training Area $102,500 Install New Liphls on Field 2 $725 000 17% Sportaplex-Total: $3.138,500 Hampton Roads Soccer Complex: Resurface Existing Artificial Turf(2) $1,000,000 Six(6)New Artificial Turf Fields with Lights $9,000,000 Parking Improvements 8 Storm Wafer Contingencies $2,100,000 _OMer{Accessibility Aesthedn erc.l $1 159 500 72% Soccer-Total: $13,259.500 TOTAL INVESTMENT AMOUNT: $18.500,001) 100% Relers b p jecled economic impact o/Me/unOnw reouesfs suMrriaed Dy eec�venue operoNr(rut the leedbnck mur sports user grorps). tt—'C'ae lured mar me recce 7—d mvasrmenr euor<ee in ms ec rs impxrb.rry moeneces rrar ir1—,any comrtaurions ro tar PAAC,aeceuu Me pAACs reques6 do not align rnM moss o/Me sports event argeneen and mus ere trot laery ro gerterele melerel n�,emenral ecorwmlt lmpacm I Recommended Sports Tourism CIP Fund Distribution_if City Prefers to Contribute to All Four Venues Pickleball Virginia Beach: Immediate 8 Short-Term CourWenue Needs $402,000 Championship Court Improvements S1.700.000 11% Pickleball-Total: $2,102,000 VB Sportsplex 8 Field Hockey Training Center: Replace Grass with 2 ArfificialtLighted Fields S2,311,000 Flatlen Berm 8 Create Grass Training Area $702,500 Install New Lur.on Field 2 $725.000 17% Sportaplex-Total: $3,138,500 Princess Anne AIN do Complex: Conveit2 Multi-Use Grass Fields to Artificia "1 $3259500 18% PMC-Tatal: $3.259.500 Hampton Roads Soccer Co' (2)pex: Resurface Existing Artificial Turf $1,000,000 Six t63 New Artificial Turf Fields with Ligh6 $9 000 000 54% Soccer-Total: $10.000.000 TOTAL INVESTMENT AMOUNT: $18.500.000 100% March 5, 2024 14 CITY COUNCIL'S BRIEFINGS REINVESTMENT IN SPORTS STUDYIN CURRENT FACILITIES ITEM#75325 (Continued) LOCAL OPERATING RECOMMENDATIONS KEY VIRGINIA BEACH SPORTS FACILITY OPERATIONS KEY FINDINGS REGARDING LOCAL OPERATING AGREEMENTS 1) INCONSISTENCY ACROSS MANAGEMENT AGREEMENTS CREATES CONFUSION 2) SPORTS TOURISM GOALS FOR OPERATING PARTNERS ARE UNCLEAR 3) ANNUAL REPORTING REQUIREMENTS ARE LACKING FOR PRIVATE OPERATORS OF CITY-OWNED SITES/FACILITIES IB March 5, 2024 15 CITY COUNCILS BRIEFINGS REINVESTMENT IN SPORTS STUDY IN CURRENT FACILITIES ITEM#75325 (Continued) Here is a summary of recommendations regarding operating contract standards: RECOMMENDATIONS OR VIRGINIA BEACH SPORTS FACILITY OPERATIONS VICTUS RECOMMENDATIONS REGARDING OPERATING CONTRACT STANDARDS 1) IMPLEMENT UNIVERSAL MAINTENANCE & CAPITAL IMPROVEMENT FUNDING POLICIES 2) IMPLEMENT UNIVERSAL FINANCIAL REPORTING & OPERATIONAL TRANSPARENCY POLICIES 3) ENSURE CITY FUNDS CONTRIBUTED FOR CAPITAL REINVESTMENT ARE SPENT PROPERLY 4) ESTABLISH SPORTS TOURISM GOALS FOR VENUES RECEIVING SPORTS TOURISM CIP FUNDS 5) IMPLEMENT SPORTS TOURISM TRACKING&REPORTING POLICIES VA VICTUS ADVISORS LLC 2720 Homestead Road,Suite 130 Park City,Utah 84098 (435)776-5728 www.victusadvisors.com Mayor Dyer expressed his appreciation to Mr. Connolly for the presentation. March 5, 2024 rCITY MA NA i BRIEFING SMARTSCALE UPDATE ITEM#75326 Mayor Dyer welcomedr r ♦n, Engineering Support ManagerPublic Works. r r expressed her appreciation tr City Councilfor ♦ r rrr The nextfew SMART SCALE Round 6 Candidate Projects Katie Shannon,PE � March 5,2024 VIRGINIA BEACH slidesprovide an overview of the SMARTr Process: SMART SCALE Overview Process Overview • Virginia's largest Statewide transportation grant program • Accept applications biennially • Applications scored and awarded using metric-based system • Local match not required;extra points earned if included ' Funding request directly affects score March ' UPDATE17 CITY MA NA GER'S BRIEFING SMART SCALE SMART SCALE Metrics Overview SMART Scale Rounds 1-S SMART Scale Round 6 6 Weighted Evaluation Measures S Weighted Evaluation Measures (Category A): (Category A): Economic Development 5% Economic Development 5% Safety S% Safety 75% Environmental Quality 10% Environmental Quality 70% Accessibility 75% Accessibility 25% Congestion 45% Congestion 45% Land Use 20% •: Land Use factor as a multiplier on all �. Resiliency—given consideration however not other benefits(1+Normalized Score/100J factored into score •: Resiliency remains consideration however not factored into score ' ' SMART SCALE Overview Previous Rounds Take-Aways Round 6 Proposed • Available Funding Varied;$800M to$1.76 Expected$800M to$1.28 Funds Available(2-year period) • VB awarded 15 projects;$138M SMART Scale FY30&FY31 Funding(Federalized) • Rounds 1-5:Allowed traffic counts limited to current Scoring metrics adjusted(land-use removed) year at time of application(no future growth shown) Allowed traffic counts changed to look 7 years into the • Rounds 1&2:large high priority projects future to allow expected growth • Rounds 3-S:Small projects scored well i�51oM or less) Larger projects expected to score better • Innovative designs scored well all rounds Bike and ped projects are no longer preferred s '. •:•Round 6 guidance still not fully finalized March 18 CITY MANA GER'S BRIEFING SMART SCALE UPDATE ITEM#75326 (Continued) Below is the SMART Scale,Rounds I—5, summary: SMART . Summary SS Round Total Project Cost Awarded SS Award Local Commitment Average Cost of Project Projects Round 1 $ 88,000,000 3 $ 36,000,000 $ 52,000,000(59%) $ 29,333,333 Round 2 $ 64,077,200 3 $ 30,000,000 34,077,200(53%) $ 21,359,067 Round 3 $ 4,100,277 1 $ 3,600,000 $ 500,277(12%) $ 4,100,277 Round 4 $ 52,533,647 3 $ 36,400,000 $ 16,133,647(31%) $ 17,511,216 Round 5 $ 42,053,639 5 $ 32,053,639 $ 10,000,000(24%) $ 8,410,728 Total S 250,764,763 15 S 138,053,639 112,711,124(45%) $ 16,717,651 • r r Project Name Round Total Project Cost SS Award Local Commitment Centerville Turnpike Phase III 1 $ 30,000,000 $ 6,000,000 $ 24,000,000(80%) Laskin Road Bridge 1 $ 22,000,000 $ 10,000,000 $ 12,000,000(55%) Indian River Road Phase VII-A 1 $ 36,000,000 $ 20,000,000 $ 16,000,000(44%) Indian River Road Phase VII-B 2 $ 11,430,000 $ 5,000,000 $ 6,430,000(56%) Cleveland Street Phase IV 2 $ 23,647,000 $ 10,000,000 $ 13,647,000(58%) Laskin Road Phase I-A 2 $ 29,000,200 $ 15,000,000 $ 14,000,200(48%) General Booth Blvd/Oceana Blvd Intersection 3 $ 4,100,277 $ 3,600,000 $ 500,277(12%) Holland Road Phase 1 4 $ 24,510,485 $ 16,800,000 $ 7,710,485(32%) Independence Blvd/Edwin Drive Intersection 4 $ 14,592,026 $ 9,800,000 $ 4,792,026(33%) Northampton Blvd/Diamond Springs Rd 4 $ 13,431,136 $ 9,800,000 $ 3,631,136(27%) Intersection Clearfield Ave 5 $ 15,046,279 $ 10,046,279 $ 5,000,000(33%) General Booth/Dam Neck Intersection 5 $ 5,269,063 $ 4,269,063 $ 1,000,000(19%) Independence Blvd/Pleasure House Rd 5 $ 6,402,027 $ 5,402,027 $ 1,000,000(16%) Intersection Indian River/Thompkins Lane 5 $ 2,669,303 $ 2,669,303 $ -(0%) Providence Road 5 $ 12,666,967 $ 9,666,967 $ 3,000,000(24%) Totals: $ 250,764,763 g 138,053,639 $ 112,711,124(45%) March 5, 2024 BRIEFING19 UPDATESMART SCALE r Here are the SMART Scale Round 6 Candidate Projects: SMART SCALE Round 6 Candidate Projects District 9 Districts rids 11110) Dirtrictli • 10 candidate projects identified and evaluated --.projects were screened using SS Round 6 evaluation for SMART Scale Round 6 criteria and analyzed for feasibility&priority ;•Dam Neck Rd(Princess Anne Rd to Holland Rd) q projects were chosen as recommended candidates: v Dam Netk Rd&Drakesmile Road Intersection •:Dam Neck Rd&Drakesmile Road Intersection :•First Colonial Rd(Republic Rd to Old Donation Pkwy) •?First Colonial Rd(Republic Rd to Old Donation Pkwy) O Independence Blvd&Haygood Rd Intersection :•Independence Blvd&Haygood Rd Intersection •:Pacific Ave Turn Lanes(17th St.and 22nd St.Intersections) ❖Pacific Ave Turn Lanes(17`"St.and 22"°St.Intersections) •:Elbow Rd Phase II-D(Salem Rd to Amphitheater Entrance) • 2 additional projects are proposed to submit pre-apps •:Rosemont Rd&Holland Rd Intersection to determine feasibility for full application: •:•Laskin Rd Phase II(Oriole Dr.to Saltmeadow Bay Dr.) •}Laskin Rd Phase II(Oriole Dr.to Saltmeadow Bay Dr.) o VB Trail Phase IV(London Bridge Rd.to Birdneck Rd.) •:VB Trail phase IV(London Bridge Rd.to Birdneck Rd.) •'r VB Trail Phase 1 SMART SCALE Round 6 Candidate Projects r gs r March 2024 UPDATE20 CITY MANA GER'S BRIEFING SMART SCALE slidesITEM#75326 The nextfew provide the project detailsfor Dam Neck 'iii &Drakesmile 'iiiIntersection: Dam Neck Road & Drakesmile Road Intersection tal Est Cost 10 • qll Congested Segment Amongst Un-Funded Projects(2022) • tl12 Congested Intersection Amongst Un-Funded Projects(2022) • Convert the intersection at Drakesmile Road to a Continuous Green T (CGT)intersection • Adds 2 receiving lanes to receive left-turn movement CGT concept image only _ Benefits: p;• •:•Additional capacity to address congestion •:•Coordinates with active Dam Neck Road/Holland Road intersection project -c :•Stormwater Improvements � ~�� ; n' •:•Improves access to NAS Oceana *4`"„r,`"��" � •:No site acquisition required Dam Neck Road & Drakesfiile Road Intersection Existing Conditions 1 nA'H Nf cN kr, March UPDATE21 CITY MANA GER'S BRIEFING SMART SCALE Total Est. Dam Netk Road & Drakesmile Road Intersection Proposed Conditions i .. The ne-xtfew slides provide the project detailsfor First Colonial Road: First Colonial Road Laurel Lane/Republic Rd to Old Donation Parkway;Approx.1 mile • k10 Congested Segment Amongst Un-Funded Projects(2022) • Widening First Colonial Rd from 4 lanes to 6lanes • Intersection improvements at First Colonial Rd&Wolfsnare Rd • 10'shared use path on west side Benefits: •:•Traffic flow improvements&additional capacity to address congestion •:•Improved access to critical medical corridor •:Signal upgrades(existing span wire signals to mast arm upgrades) ::Improved access to Hilltop SGA •:•Pedestrian/Bike Improvements :•Safety benefits ' :•Improves transit March / 22 CITY MANA GER'S BRIEFING SMART SCALE UPDATE ITEM#7532 6 (Continued) Total Est. • \ Cost: 4— \1 •�� ALDI $50M GO \� SODTHAR�� �.��V � ��� �UARTE�3 1-1 — ovemws c Total Est. FIFT. . . • .. • . ¢q p Cost: 0 $50M OASIS i APARTMENTS, ;> r HOMES o E EA EONTARARK O� \�s�GOVON�P SENTARA - � ` �N '- \ GENERAL 0 o HOSPITAL March 5, 2024 RIEFING 23 SMART SCALE UPDATE The nextfew slides provide theproject detailsforBoulevard ♦ / •/// Road Intersection: Independence Boulevard & Haygood Road Intersection • #1 Congested Intersection Amongst Un-Funded Projects(2022) • Thru-cut for the eastbound and westbound approaches • Project optimizes signal timings ,_ • Remove EB and WB thru-movements on Wishart Rd.and Haygood Rd. Benefits: � - — v Innovative intersection to address high congestion .�_�-.:- - — •'✓Operational signal improvements to improve traffic flow � +- -- - •:Safety benefits y- -. _ :•Low Cost • :�No ROW acquisition required - - •}Based on 2030 scenarios-overall intersection delay reduced `_ from 70 seconds to 34 seconds i Thru-cuf concept image only Independence Boulevard & Haygood Road Intersection Existing Conditions a / 2024 UPDATE24 SMARTSCALE r Independence Boulevard & Haygood Road Intersection The next two (2) slides provide the project detailsfor Pacific Avenue Turn Lanes: al Es, ALAL Proposed Conditions ita• Pacific Avenue Turn Lanes • , • Construct left turn lanes at 22nd Street and at 17th Street � � • Pedestrian Median Refuge Areas nd�jt t • Significant sensitive ROW acquisition required 22 - "'� '� i • Approx.half of project cost is site acquisition i' • Priority zone in VDOT's Pedestrian Safety Action Plan ,: 5�p W • 53M Carbon Reduction Program Funding awarded Feb 2024 f iy Safety improvements through dedicated left turn lane itch St '„� •:•Additional capacity to address congestion � r,, :•Improve access to interstate 4` •:•Project will improve traffic flow for Atlantic Park and other Oceanfront events and venues � _ • �a UPDATE25 CITY AMNA GER'S BRIEFING SMART SCALE ITEM#75326 17-Street Suirf Shop Jungle Golf ®r®(., 5 �ir ti 0"SF 00W �A__�286 SF ROW i® PAC IFIC AVE, Here is an overview ofthe Laskin 'III Corridor: Laskin Rd Corridor Overview la kin Rd Phase III +� g Laskin Rd Phase LA Laskin Rd Bridge Laskin Rd Phase I-B I a "e 1,iM_ Vh CIP 300243 CIP 300242 CIP 300240 CIP 300239 wt Partially funded; Fully Funded �pp•`�'- Fully Funded; Partially Funded aoPly la - Funding Plan in Ptacc UntkT Construcdon -'P�:-✓ Under ��sw /�` SMART SCATf With RSTP funds ^-9 ,,,mod)--',' Cnnstructlon � �'�+"} ,. aovnd6 26 CITY M,4NA GER'S BRIEFING SMART SCALE UPDATE ITEM# r Laskin Rd Phase II Approx.0.2 miles • Transitional area between Laskin Rd Phase I-Band 30"'/31•`Street Roundabout o Transitions from 6-lane section at Oriole Drive to 4 lanes at roundabout • Remove service road;convert to shared-use path on Northern side • Sidewalk improvements Benefits: S•Complete the improvements of Laskin Road from First Colonial Road to the resort area 4 Bike and ped improvements ❖No ROW acquisition required ❖Safety benefits through removal of service roads Laskin Rd Phase 11Total Est. i it ® I t I ,z r UPDATE27 CITY MANA GER'S BRIEFING SMART SCALE VB Trail Phase IV s f~ London Bridge Rd.to Birdneck Rd.;Approx.2.8 mi. Benefits: • 14'wide shared use path ❖Bike and ped connectivity Eastern Phase connecting a . Norfolk Ave Trail Pedestrian safety improvements • At-grade intersection crossings including HAWK '�'Promote equitable access to an active transportation network Her signal at Oceana Blvd ❖Connects underserved communities&development centers •:• No ROW acquisition required ' are the Funding Strategy Recommendations: Funding Strategy Recommendations p.j-t Total Project Cost SMART S"le Appropriated Sat' Local. Dam Neck Rd: Drake Drakesmile Rd IntersectionI0I110 .111110 $ 1,000,000 Independence Blvd and Haygood Rd $ I11110 $ 4,250,000 $ 750,000 Pacific Avenue Turn Lanes $ •111111 800010 000,00 111111 '. V13 Trail Phase IV $ 17,000,000 17,000,000 $ Laskin Road Phase 11 $ .,,,,,. 1111110 $ • FY30&FY31 Local Funds • Recommendations: • VDOT advised projects with local match will receive additional points -• Requests for small projects kept to$tOM or less;medium projects kept to$20M or less tend to score better -• Full First Colonial improvements viable only with large local commitment;low commitment hinders score UPDATE28 CITY AMNA GER'S BRIEFING SMARTSCALE Next Steps ✓ VDOT Briefed-January 9�h PW Leadership Briefed-January 12'h ✓ CMOP Briefing-January 19"' ✓ SMART Portal Opens-March 1�' ✓ City Council Briefing-March S'h Pre-Applications due-April ht City Council Resolution of Support Agenda Item-June/July -. Final Applications due-August lit Mayor Dyer expressed his -. Project scores and recommended funding scenario released January 2025 Questions? Pubt_ 1l�c�rtr. appreciation to Ms. Shannon for the presentation. March 5, 2024 29 CITY COUNCIL LL4ISON REPORTS ITEM#7532 7 3:33 P.M. Mayor Dyer advised he was proud the City hosted the 2024 UNCF Gala last Saturday at the Convention Center and announced Council Member Ross-Hammond attended and was recognized as an event Honoree. Council Member Ross-Hammond advised the Gala was very nice with over 530 participants, and shared she received a large picture of an African mask that she will have hung in her office. March 5, 2024 30 CITY COUNCIL LIAISON REPORTS ITEM#75328 (Continued) Vice Mayor Wilson advised she participated in the Read Across America Day last Friday and expressed as a former teacher, it was special to be in front of forty (40)four-year olds again who were all so well behaved. Vice Mayor Wilson advised she asked the children what they wanted to be when they grew up and was impressed to hear three(3)say they wanted to be a soldier. Vice Mayor Wilson added, City Manager Duhaney has a fabulous Read Across America video where he and other City staff read the book, "Change Sings". Vice Mayor Wilson advised 8,000 copies of the book were given to children throughout the City. March S, 2024 31 CITY COUNCIL LL4ISON REPORTS ITEM#75329 (Continued) Council Member Ross-Hammond advised she and Council Member Berlucchi went to the Oceanfront last Sunday morning, where a whale was found dead on the shore and expressed her appreciation to all of the staff who responded and was impressed to see everyone from different departments working so well together, although it was very sad to see. Council Member Berlucchi echoed Council Member Ross-Hammonds appreciation to staff and added another whale was found on the shore at False Cape. Council Member Berlucchi advised the Response Team is looking into the cause of these deaths and while there is speculation by some, he asked that people withhold judgment and wait for the results. March 5, 2024 32 CITY COUNCIL LL4ISON REPOR TS ITEM#7533 0 (Continued) Mayor Dyer advised the Helping Our People Excel (H.O.P.E.) initiative held the kick-off meeting on February 29`h and expressed his appreciation to Vice Mayor Wilson and Council Members Berlucchi and Rouse for attending. Mayor Dyer expected to have forty(40)people attend and was humbled to see there were approximately 100. Mayor Dyer also expressed his appreciation to Monica Croskey and Curtis Weaver for their work in organizing the meeting with fourteen (14) presentations from different organizations, who are all connected now. March 5, 2024 33 AGENDA REVIEW SESSION ITEM#75331 4:11 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L. ORDINANCES I RESOLUTIONS 1. Ordinance to AMEND City Code Section 2-3-1 pertaining to the Attendance Policy and AMEND the Final Report to City Council of the Citizens Committee on Boards and Commissions re Boards and Commissions 2. Resolution to AMEND Student Members re Flood Prevention Bond Referendum Oversight Board (Requested by City Council) 3. Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group (Requested by Mayor Dyer and Council Member Schulman) 4. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Mutual Aid Agreement re Fire and Rescue Services among localities in Hampton Roads 5. Ordinance to DECLARE 9,833f square feet of City-owned property at Ferry Point Road to be in Excess of the City's Needs and AUTHORIZE the City Manager to convey to Meader Properties, LLC DISTRICT 7 6. Ordinance to AUTHORIZE temporary encroachments into the City-owned drainage, Maintenance and variable width impoundment easement at the rear of 5945 Glen View Drive re maintain existing fence and construct and maintain rip rap revetment DISTRICT 7 7. Ordinance to AUTHORIZE temporary encroachments into the City-owned property known as Starboard Canal and Island Lake at the rear of 2428 Windward Shore Drive re construct and maintain a revetment encroaching variable distances,a timber pier,floating dock with aluminum gangway and a covered boat lift DISTRICT 8 8. Ordinance to AUTHORIZE temporary encroachment into the City-owned property known as Treasure Canal at the rear of 2204 Windward Shore Drive re maintain an existing bulkhead, construct and maintain a timber bulkhead with a return wall,sand backfill,and topsoiUturfgrass, timber open pile wharf, timber pile overhead beam boadift and boadift electrical cable DISTRICT 8 9. Ordinance to AUTHORIZE temporary encroachment into the City-owned property known as Chesapeake Bay at the rear of 2810 Ocean Shore Avenue re maintain existing wood steps with metal rails, moveable wood platform and wood retaining wall and construct and maintain a wood fence/retaining wall DISTRICT 8 March 5, 2024 34 AGENDA REVIEW SESSION ITEM#75331 (Continued) 10. Ordinance to ACCEPT and APPROPRIATE$290,000 from Dominion Energy Virginia for Section 106 Mitigation of Adverse Visual Effects to the FY 2023-24 Planning and Community Development Operating Budget re Coastal Virginia Offshore Wind Commercial Project/historic preservation program priorities 11. Ordinance to ACCEPT and APPROPRIATE $19,446 from the Virginia Department of Criminal Justice Services to the FY 2023-24 Human Services Operating Budget re salary increases in Community Corrections and Pretrial Services L. ORDINANCES/RESOLUTIONS: ITEM#3 WILL BE CONSIDERED FOR DEFERRAL TO MARCH 19, 2024 VICE MA FOR WILSON WILL ABSTAIN ON ITEM#10 March 5, 2024 35 AGENDA REVIEW SESSION ITEM#75331 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: M. PLANNING 1. RUFFIN 86,LLCfor a Variance to Section 4.4(c)of the Subdivision Regulations re demolish three (3) dwelling units to construct one-single family dwelling at 109 A &B 86`h Street& 8600 Ocean Front Avenue DISTRICT 6(Deferred from February 6, 2024) 2. C THE JEMS,LLC/JONA THAN PROPERTIES,LLC for a Modification of Pro ffers to a Conditional Change of Zoning and a Conditional Use Permit re bulk storage yard—tow at 2625 Horse Pasture Road DISTRICT 5(Deferred from February 20, 2024) March 5, 2024 36 ITEM#75332 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 2 • District 2 • District 9 • District 4 PUBLIC CONTRACT. Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargainingposition or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(29) • Project Football LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3 711(A)(8). • Adventure Park Settlement • National Insulin Pricing Litigation March 5, 2024 37 ITEM#75332 (Continued) Upon motion by Council Member Rouse,seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 3:23 P.M. Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson Break 3:23 P.M. — 3:34 P.M. Closed Session 3:34 P.M. — 5:44 P.M. March 5, 2024 38 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MARCH 5,2024 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, March 5, 2024, at 6:00 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: David Hutcheson—Out of Town INVOCATION: Mayor Dyer 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. March 5, 2024 39 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 andLocal 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. March S, 2024 40 1/71 F CERTIFICATION ITEM#75333 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,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: David Hutcheson Council Member Schulman stepped out during the Project Football discussion due to a possible conflict of interest(4:38—5:44 P.M.) Council Member Wooten stepped out during the Project Football discussion due to a possible conflict of interest(5:06—5:44 P.M.) March 5, 2024 G�NIA:BE.4C, 4' U ;. . � z 9gµ� �lt 0EV S y f OUR NPSN RESOL UTION 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#75332 on Page 37 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. 4Barnma , MC City Clerk March 5, 2024 41 ITEM— VILG.1 MINUTES ITEM#75334 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 20,2024 Voting: 10-0 Council Members Voting Aye: 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 Abstaining: David Hutcheson Council Members Absent: None March 5, 2024 42 ITEM— VII.G.2 MINUTES ITEM#75335 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the FORMAL SESSION of February 27,2024 Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 43 ITEM— VILH.1 MAYOR'S PRESENTATIONS ITEM#75336 PROCLAMATION WOMEN'S HISTORYMONTH On behalf of Mayor Dyer, Council Member Rouses read the Proclamation declaring March 2024, "WOMEN'S HISTORY MONTH". Council Member Rouse called upon citizens, government agencies, public and private institutions, businesses, and schools in Virginia Beach to recognize the contributions of women to the history and development of the city, state, and nation and to commemorate this month with appropriate activities. March 5, 2024 Uz �1 x Prodamatton %*erras: Throughout our history,women have been pioneers in all areas afsociety,from the arts andsciences to meduine andpu6lic service; and 'Whereas: Women have sign ftantfy influenced pufihc policy and contributed to the budding of viable institutions and organizations that continue to support our communities today;and Ufxreas: The krivwfedge,skiffs,and abilities of women contribute to a more robust workforce and a more prosperous economy,-and 144ereas: 'Women's History Month was first recognized in 1987 by Congress and enacted by the President after years of(066ying by the NationlWomen's7fistoryiPr�ect;and 'Whereas: In 1988,Meyera E.O6erndorf became the first female mayor for the City of Virginia Beach,and during her term in office, the 7luman ftfits Commission was esta6Cished to advocate andsupport human rights,diversity,andindusion within Virginia Beach; and Ufxrew. We remember thegreat,4mer'ican women who fought forsuffrage andadvancedour democracy and the extension of the centennial through 2021 aQows groups,individuals,and institutions to continue the celebrations that were cut short due to the C0140-19 pandemic;and I+Nereas: Virginian women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement,emancipation movement,industtiaffabormamment,civdthts movement,peace movement,andmore that aim to create a more fair and just society for afk and `W wm: The 2024'Women's 7listory Month theme is Women'Who Advocate forEquity,diversity,and Inclusion;and 'Whereas: TTie theme "Inspire Inclusion'emphasizes the importance of understanding and valuing women's inclusion, which ultimately contributes to creating a better world. ,When women feel included; they experience a sense of belonging, relevance, and empowerment.It's a collective effort to forge a more inclusive worfdfor women,where diversity in race,age,a6iCty,faith,body image,andidentity is openly embraced-and Uferras: The City of Virginia Beach is committed to empowering women, recognizing, and cefebrating the contributions that they makf towards 6uilding andstrengthening our Virginia Beach communities. Xow 26ctrji,%I Rp6ert M.dyer,Mayor of the City of Virginia Beach,Virginia,do here6y proclaim Warch 2024 Women s 9 fistory W Konth In 7hrginia®tack,I call upon the citizens,government agencies,public and private institutions, businesses,and schools in Virginia Beach to recognize the contributions of women to the history and development of the city, state, and nation and to commemorate this month with appropriate activities. In slitnas'Wliereof,I have hereunto set my hand and caused the Officiaf Sea(of the City of Virginia Beach,`Girginia,to be affixed this,Fifth day of March,Two Thousand Twenty-,Four. Robert 94. 'Bo66y'dyer / Mayor 44 ITEM— VII.H.2 MAYOR'S PRESENTATIONS ITEM#7533 7 PROCLAMA TION HONORING WOMENINPUBLIC SAFETY On behalf of Mayor Dyer, Council Member Wooten welcomed City leaders representing the City's public safety departments and presented them with the Proclamation declaring March 2024, "WOMEN'S HISTORY MONTH — WOMEN IN PUBLIC SAFETY LEADERSHIP". Council Member Wooten advised this Proclamation honors the following women in leadership and expressed the Body's appreciation for the hard work they do every day: • Virginia Beach Emergency Communications& Citizen Services:ECCS Director Jada Lee, Deputy Director Carmen Van Voorhis and Support Services Administrator Kathleen Boone • Virginia Beach Emergency Management:Deputy Director of Emergency Management Renee McKinnon and Mitigation Program Manager Danielle Spach • Virginia Beach Emergency Medical Services:Deputy Chief Amy Ward, Volunteer Deputy Chief Ellen McBride, Division Chief Brett Johnson, Brigade Chief Cat Watson and Brigade Chief Liz Beatty • Virginia Beach Fire Department:Deputy Chief Amy Valdez and Assistant Chief Lorna Trent • Virginia Beach Police Department:Deputy Chief Shannon Wichtendahl, Capt. Michele Meister, Capt. Michele Wyatt, Capt. Marcie Fox, Lt. Jacqueline Geluso, Lt. Alicia Jones, Lt. Nicole Kosmas and Lt. Rachel Wigand. • Virginia Beach Sheriffs Office: Chief Deputy Christina Mapes, Capt. Lois Thompson, Capt.Karen Johnson, Capt.Kathy Vargas and Capt.June Harvey On behalf of the women being honored, Jada Lee, Director of Emergency Communications & Citizen Services, expressed their appreciation to City Council for this recognition and continued support. Director Lee rearmed their commitment to supporting and empowering women in public safety, ensuring equal opportunities for advancement, respect, inclusivity and creating pathways for women to thrive in their chosen fields. March 5, 2024 N�1 ,,c'tN�yE,gcy ( S ��L're��daia,�M44N5�6J f OUR NPT��'t Prodamatton U*ereas. throughout our history,women have 6een pioneers in aQareas of society from the arts and sciences to medicine and pub lc service, and "4ereas: 'Women have significantfy influenced pu6Gc policy and contributed to the 6uirding of via6fe institutions and organizations that continue to support our communities today;and Wherew. the knowledge,sk;lls,and a6iGttes of women contri6ute to a more ro6ust work force anda more prosperous economy;and 'NCureas: In 1988,Meyera E. 06emdorf became the first female mayor for the City of Virginia Beach, and during her term in office, the Ifuman fthts Commission was esta6lrshed to advocate andsupport human rights,diversity,andinclusion within Virginia Beach; and UAerear the 2024'Women'sWistory Month theme is Women TNhoAcivocate for(Equity,:Diversity,andlnclusion;and TM'urtas: the theme "Inspire Inclusion"emphasizes the importance of understanding and valuing women's inclusion, which uhimatefy contri6uees to creating a 6etterworfd When women feefincfuded,they e4wrience a sense of 6elonging,relevance,andempowerment. It's a colfective effort to forge a more inclusive worfdforwomen,where diversity in race,age,a6ility,faith,6ody image,and identity is openly em6raced;and Whereas: Emergencies can occur at any time that require(Police,(Fire,or Emergency WedrealServices;Wren an emergency occurs,theprompt response of(Police Officers,(Firefighters,and(Paramedics is critical to the protection of life and preservation of property,•and Whereas: Virginian women have been leaders,not only in securing their own rights of suffrage and equal opportunity 6ut afro securing the safety of ourcommunity.therefore,this month we honor women in: • E9KS:(Deputy ChiefAmy'Ward,Volunteer(Deputy Chief Ellen McBride,(Division Chief Brett Johnson,Brigade Chief Cat Watson,and Brigade Chief Liz Beatty. • VB(RD: (Deputy Chief Shannon 'Wfiitendah�Captain Michefe Meister, Captain 9Kichefe'Wyatt, Captain Marcie(Fox, Lieutenant,9aqueline Gefuso,Lieutenant A icia Jones,Lieutenant Nicofe Kosmas,and Lieutenant�RochelT*and • Virginia Beach Sheriffs Office:Chief(Deputy Christina 9Kapes,Captain Lois thompson,Captain Kgren Johnson,Captain Kathy Vargas,and Captain lane Harvey. • Virginia Beach Fire(Department:(Deputy ChiefAmy Valdez and gssistant Chief Lorna Trent. • (Department of(Emergency Management:(Deputy(Director of(Emergency Management 4 enee Mt9gnnon and Mitigation (Program Manager(Danielle Spach;and T4'hereav the City of Virginia Beach is committed to empowering women, recognizing, and cele6rating the contri6utions that they makg towards 6u&ing andstrengthening our Virginia Beach communities. Now%te►sfi%I(R96ert W.(Dyer,Mayor of the City of Trginia Beach,Virginia,do here6y proclaim: Wareh 2024 `iNomen's M(utory 9I1onth Women in ft6Cu Safety Leadership In Vvyink Beach,I call upon the citizens,government agencies,pu6ltc and private institutions,6usinesses,and schools in Virginia Beach to recognize the contri6utions of women to the history and development of the city,state, and nation and to commemorate this month with appropriate activities. In Wttiras"*e►tof,I have hereunto set my hand and caused the Offrcialseal of the City of`(irginia Beach,Virginia,to 6e affWd this T'#th (Day of March,Two thousand Twenty-(Four. 4Z96ert M. Bo66y-Tyer Mayor 45 ITEM— VII L1 PUBLIC HEARINGS ITEM#75338 Mayor Dyer DECLARED a PUBLIC HEARING: DEDICATION OF PROPERTY 2750 Elbow Road(523 square feet of right-of-way) to the City of Chesapeake re public project There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING March 5, 2024 46 ITEM— VII L2 PUBLIC HEARINGS ITEM#75339 Mayor Dyer DECLARED a PUBLIC HEARING: CAFE FRANCHISE AGREEMENTS a. Dunes Investment Association, LLC, t/a The Dunes Cafe re boardwalk cafe b. Seda Inc. t/a 21"Street Grill Cafe re sidewalk cafe c. Atlantic Lobsta,LLC, t/a Mason's Famous Lobster Rolls Cafe re sidewalk cafe d. Colonial Inn VB, LLC, t/a Fishtails Cafe re boardwalk cafe e. Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe re boardwalk cafe f. Baja Taco's, Inc., t/a Baja Cantina Cafe re sidewalk cafe g. Chix Sea Grille, LLC, t/a Chix Cafe re boardwalk cafe h. Fish-N-Bones,Inc., t/a Fish Bones Cafe re boardwalk cafe i. Dandrea,LLC, t/a IL Giardino Cafe re sidewalk cafe j. Jumpin Shrimp Inc. t/a Jumpin Shrimp Cafe re boardwalk cafe k. Scrambled Inc., t/a Scrambled Cafe re sidewalk cafe 1. Gold Key/PHR Food Services, LLC, t/a Tortugas Cafe and Tiki Bar re boardwalk cafe m. Dunes Investment Associates,LLC, t/a Station 10 Cafe re boardwalk cafe There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING March 5, 2024 G1N�''$FA r_ City of Virginia Beach tz t so�'9�S Or `O� OUR NA" V13govcom ROBERT W."WORTH"REMICK CELL:(757)8405855 COUNCIL MEMBER EMAIL:WRemick(a),vbaov.com DISTRICT 6 File No. 0087001 March 5, 2024 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding an ordinance granting thirteen franchise agreements for outdoor cafes in the Resort Area. One of the franchise applicants is Gold Key/PHR Food Services,LLC,("Gold Key")trading as Tortugas Cafe and Tike Bar, for a boardwalk cafe. 2. Gold Key may be an affiliated entity of Hi-Sea Office, LLC. Hi-Sea Office, LLC, owns the Sidney Kellam Building, and Colliers is the leasing agent for office space therein. 3. I have a personal interest in Colliers International Virginia, LLC, because I am an employee of the firm, and its address is 150 West Main Street, Suite 1100,Norfolk, Virginia 23510. 3. The City Attorney's Office has advised me that because I do not personally provide services to Hi-Sea Office, LLC, the Act provides that I may participate in the City Council's discussion and vote on the cafe franchise upon disclosure of these facts. 4. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs. Amanda Barnes -2- March 5, 2024 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Sincerely, 1j, "v Worth Remick Councilmember RWR/RRI 47 ITEM— VII.J.I BID SUMMARY ITEM#75340 MANAGEMENT OF CITYPROPERTY 2044 Landstown Centre Way/Sportsplex and Field Hockey Center Mayor Dyer DECLARED A BID OPENING: BID SUMMARY MANAGEMENT OF SPORTSPLEX AND FIELD HOCKEY COMPLEX Pursuant to Virginia Code Section 15.2-2102, I will now summarize the bids that have been received for the proposed management of City-owned property located at 2044 Landstown Centre Way, Virginia Beach, VA, totaling approximately 37.2 acres and commonly known as the Sportsplex and Field Hockey Complex. One bid has been received, as follows: 1. Hometown Sports Management,LLC, has bid.- Revenue Sharing: City to receive 5%of gross revenues over$800,000 from Sportsplex and 5%of gross revenues over$450,000 from Field Hockey Complex Hometown Sports Management LLC to invest up to$600,000 in upgrades to facilities Hometown Sports Management to be responsible for ordinary maintenance of both facilities and City responsible for capital maintenance. Are there any other persons desiring to submit a bid at this time? There being no further bids, the bidding is closed. The staff will evaluate the bid that has been received and make its recommendations to the City Council concerning the proposed management agreement at a future meeting. March 5, 2024 48 ITEM— VII.K FORMAL SESSION A GENDA ITEM#75341 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 Schulman, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions L:1, 2,3 (DEFERRED TO MARCH 19,2024), 4, S, 6, 7, 8, 9, 10 and 11 and Planning M.I and 2 Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 49 ITEM— VII.L.1 ORDINANCES/RESOL UTIONS ITEM#75342 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 2-3-1 pertaining to the Attendance Policy and AMEND the Final Report to City Council of the Citizens Committee on Boards and Commissions re Boards and Commissions Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 1 AN ORDINANCE (1) TO AMEND CITY CODE 2 SECTION 2-3.1 PERTAINING TO THE 3 ATTENDANCE POLICY FOR BOARD AND 4 COMMISSION MEMBERS; AND (2) TO AMEND THE 5 FINAL REPORT TO CITY COUNCIL OF THE 6 CITIZENS COMMITTEE ON BOARDS AND 7 COMMISSIONS 8 9 SECTION AMENDED: § 2-3.1 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 That Section 2-3.1 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 2-3.1. Boards and commissions generally. 15 (a) Except as otherwise provided by law, attendance records shall be kept at each 16 meeting of every board and commission of the city, or other council-appointed 17 agency, which records shall be provided to the city council through the city clerk's 18 office at least forty-five (45) days prior to the scheduled term expiration date for the 19 members of each such board, commission or agency. No member of any such board, 20 commission or agency shall accumulate an annual total of more than three (3) 21 absences, or, for boards that meet more than four time per calendar year, be absent 22 from more than one-fourth of the total number of meetings held by such board, 23 commission or agency within a given calendar year, for reasons other than personal 24 illness, the illness or death of a relative, or other circumstances beyond the member's 25 control. If this limitation is exceeded, the chairperson of such board, commission or 26 agency shall forthwith report to the city clerk the name of the member whose 27 unexcused absences exceed the number allowed herein. The city clerk shall then 28 notify such member in writing, with a copy of such notification to the members of the 29 city council, that due to unexcused absences in excess of the number allowed herein, 30 his or her term of membership on the board, commission or agency has terminated. 31 (b) Notwithstanding the provisions of subsection (a), and except as otherwise provided 32 by law, all members of boards and commissions of the city, and other council- 33 appointed agencies, shall serve at the pleasure of the city council. 34 35 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 That the Final Report to City Council of the Citizens Committee on Boards and 38 Commissions, which the City Council accepted on December 6, 2022, is hereby amended 39 to be consistent with the attendance requirements of City Code § 2-3.1, as set forth on 40 page 17 of the attached revised version of the report. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of March 2024. APPROVED AS C NTENT: APPROVED AS TO LEGAL SUFFICIENCY: 04-4— D CI rk City Attorney's Offic CA16396 R-2 February 28, 2024 1AA•9 City of Virginia Beach Final Reportto CityCouncil CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 2024 Revised Version Final Report- June 3, 2022 (revised 3/5/24) EXECUTIVE SUMMARY Dear Mayor Dyer, Vice Mayor Wilson, and Members of City Council, In 2003 City Council appointed the first Citizens Committee on Boards and Commissions. That Committee made recommendations regarding all aspects of the City's Boards and Commissions, which Council adopted. In the nearly twenty years since, the City has taken great steps to implement many of those recommendations, but some were either not implemented or not uniformly enforced, new challenges arose, and the evolution of technology has significantly changed expectations and opportunities. On November 19, 2019, City Council adopted the Resolution to "Re-establish the Citizens Committee on Boards and Commissions." Our Committee was tasked with identifying potential improvements to the appointment process and best practices for board operations and staffing, and advising City Council on these matters. Our assigned scope of work was limited to organizations with members appointed by City Council; Mayor's Commissions and committees convened by others were not addressed. Following an extensive review process beginning in November 2020 and culminating in May 2022, we respectfully provide the enclosed report and recommendations for City Council's consideration. We have also developed and included nine Exhibits containing forms and tools to accelerate implementation, rather than leaving that work to be performed later by City staff. In developing these recommendations, our Committee met 29 times and logged over 500 volunteer hours. As a starting point, at our very first meeting the Committee was presented with a list of nearly 60 topics and questions compiled by the City Clerk's Office for evaluation. The Committee reviewed an extensive array of materials, including recommendations from the predecessor Committee, current City Ordinances, information from the City Clerk's website, print materials used to market opportunities on Boards and Commissions, and individual agency digital platforms. We examined procedures and materials from nearly 100 other localities from our neighboring localities in Hampton Roads to cities big and small all over the United States. In addition, we conducted two surveys: one among the chairs of the Boards and Commissions and one among the staff liaisons. Committee members also applied their extensive experience gathered from serving on numerous City Boards and Commissions. Our Committee's work was not without its challenges. The COVID-19 pandemic delayed our first meeting by eight months and prolonged our efforts with virtual meetings and occasional cancellations. In addition, like many other City Boards and Commissions we were not immune to quorum and attendance issues. Indeed, our Committee started with eleven members and now concludes with seven members. The Court's Redistricting ruling also impacted the work of the Committee, causing us to re-examine some of our recommendations. Ultimately though, these challenges proved to be integral to many of our recommendations as they highlighted areas where City processes should be improved. Moreover, they suggested to us that consistent re-evaluation through a standing committee would be beneficial to the City and avoid recurrence of implementation problems the prior committee's work experienced. During the course of our work the Committee also achieved a number of beneficial outcomes that have already impacted Boards and Commissions in the City. We assisted the Clerk's office CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 1 Final Report- June 3, 2022 (revised 3/5/24) in revising the Boards and Commissions Pamphlet and revising the City website. We drafted and tested many proposed forms and procedures, including within our own Committee's operations. We efficiently engaged the City Attorney's Office to evaluate and assist with resolving policy concerns that have since been applied to multiple agencies. We also encouraged the addition of student members on Boards and Commissions and have seen several such opportunities added. Additionally, we significantly increased knowledge and best practices among staff, staff liaisons, and Board and Commission chairs. Ultimately, the Committee identified three primary areas ripe for important improvements: 1. Public Engagement 2. Efficiency of Operation 3. Mission Fulfillment / Effectiveness We believe the enclosed recommendations present significant opportunities for improving these three critical concerns. As you can imagine, after nearly two years of work, these recommendations were subjected to significant discussion and review wherein we weighed public interest, administrative simplicity, and sustainability. Our key recommendations include: • Implementing software and new technologies to streamline many processes; • Developing and providing simple, standard training for appointees and staff liaisons; • Revamping attendance and quorum policies and providing for enforcement; • Implementing easier and more effective Annual Report and work product methods; and • Standardizing operating procedures. Finally, we would be remiss not to recognize the work of the individual members of the Committee, Council Members Berlucchi and Henley who served as Council Liaisons and the staff liaisons who provided expertise and wisdom throughout the process: Appointed Committee Members: Staff Liaisons: James B. (Jimmy) Wood, Chairman Amanda Barnes, City Clerk Walter T. Camp, Vice Chairman Terri Chelius, Chief Deputy City Clerk Lawrence (Larry) Dotolo Roderick Ingram, Deputy City Attorney Douglas (Doug) McLiverty Neva White, Chief Strategy Officer Bernice Pope Melissa Zibutis, Asst. to the City Manager Stacey Shiflet Mary Katherine Zimmerman, Volunteer Sylvia Nery-Strickland Resources Administrative Technician Without question, this process highlighted how many wonderful volunteers our city is fortunate to have and how lucky we are to have such a dedicated, efficient, and productive professional staff. Our recommendations should make their efforts easier and more effective. We look forward to the opportunity to brief you on our work and recommendations. Respectfully submitted, James B. (Jimmy) Wood Walter T. Camp Chairman Vice Chairman CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 2 Final Report- June 3, 2022 (revised 3/5/24) CONTENTS MISSIONSTATEMENT..................................................................................................................5 GENERAL RECOMMENDATIONS................................................................................................7 RECRUITING AND MARKETING ..................................................................................................7 SOCIALMEDIA POLICY..............................................................................................................9 YOUTHINVOLVEMENT..............................................................................................................10 PROSPECTIVE APPOINTEES.......................................................................................................10 TALENT BANK APPLICATION ....................................................................................................10 CONFLICT OF INTEREST REQUIREMENTS..................................................................................11 BACKGROUND CHECK / BADGE ACCESS..............................................................................11 PRE-APPOINTMENT INTERVIEWS AND RECOMMENDATIONS.................................................11 TRAININGPROGRAMS.............................................................................................................12 ATTENDANCE............................................................................................................................14 EXPIRATION OF TERM / REAPPOINTMENTS..............................................................................14 APPOINTMENTS HELD BY VIRTUE OF POSITION.......................................................................16 CIRCUMSTANCES TO REMOVE AN APPOINTEE ......................................................................16 Failure to Take Oath of Office (Lapse of Appointment).............................................16 ExcessiveAbsences......................................................................................................17 Failure to File Financial Disclosure Form .....................................................................17 OtherCircumstances....................................................................................................18 CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 3 Final Report- June 3, 2022 (revised 3/5/24) RECOGNITION..........................................................................................................................19 COUNCILLIAISONS..................................................................................................................19 STAFFLIAISONS ........................................................................................................................20 ANNUALREPORTS.....................................................................................................................21 APPOINTIVE AGENCY MISSION, ESTABLISHMENT AND SUNSETTING.....................................22 TERMS OF OFFICE FOR ALL APPOINTIVE AGENCIES...............................................................23 BYLAWS.....................................................................................................................................23 MEETINGREQUIREMENTS.........................................................................................................24 IMPLEMENTATION.....................................................................................................................25 EXHIBIT A -TALENT BANK APPLICATION.................................................................................26 EXHIBIT B -STUDENT TALENT BANK APPLICATION..................................................................31 EXHIBIT C -TRAINING MODULES FOR APPOINTEES................................................................36 EXHIBIT D -TRAINING MODULES FOR STAFF LIAISONS ..........................................................37 EXHIBIT E -ATTENDANCE TEMPLATE........................................................................................39 EXHIBIT F - REAPPOINTMENT REQUEST....................................................................................40 EXHIBIT G - ANNUAL REPORT TEMPLATE .................................................................................42 EXHIBIT H - BYLAWS TEMPLATE................................................................................................44 EXHIBIT I -MEETING MINUTES TEMPLATE.................................................................................46 CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 4 Final Report- June 3, 2022 (revised 3/5/24) MISSION STATEMENT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Reestablish the Citizens Committee on Boards and Commissions MEETING DATE: November 19, 2019 ■ Background: The City has been well-served by the hundreds of citizen volunteers who comprise the City's boards, commissions, committees, authorities, councils and other advisory bodies. In 2003, a City Council-appointed Citizens Committee on Boards and Commissions made recommendations regarding all aspects of the City's boards and commissions. Since then, most of the recommendations have been implemented, but the boards and commissions could benefit from a fresh look aimed at identifying potential improvements to the appointment process and best practices for board operations and staffing. ■ Considerations: The committee shall serve in an advisory capacity to the City Council, and the City Council shall appoint its members. The Committee shall consist of up to eleven members and should include residents who have served on a City board or commission, including a designee of the Process Improvement Steering Committee. Staff support shall be provided by the City Clerk's Office, the Office of Volunteer Resources, the STIR Office, and the City Attorney's Office. ■ Public Information: Via the normal Council agenda process. ■ Attachments: Resolution. Requested by Mayor Dyer CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 5 Final Report — June 3, 2022 (revised 3/5/24) REQUESTED BY MAYOR DYER 1 A RESOLUTION TO REESTABLISH THE 2 CITIZENS COMMITTEE ON BOARDS AND 3 COMMISSIONS 4 5 WHEREAS, the City has been well-served by the hundreds of citizen volunteers 6 who comprise the City's boards, commissions, committees, authorities, councils and 7 other advisory bodies; 8 9 WHEREAS, in 2003, a City Council-appointed Citizens Committee on Boards and 10 Commissions made recommendations regarding all aspects of the City's boards and 11 commissions. Since then, most of the recommendations have been implemented, but 12 the boards and commissions could benefit from a fresh look aimed at identifying potential 13 improvements to the appointment process and best practices for board operations and 14 staffing; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA,THAT: 18 19 1. The City Council hereby reestablishes the Citizens Committee on Boards 20 and Commissions. 21 22 2. The committee shall serve in an advisory capacity to the City Council, and 23 the City Council shall appoint its members. 24 25 3. The Committee shall consist of up to eleven members and should include 26 residents who have served on a City board or commission, including a designee of the 27 Process Improvement Steering Committee. 28 29 4. Staff support shall be provided by the City Clerk's Office, the Office of 30 Volunteer Resources,the STiR Office, and the City Attorney's Office. 31 32 33 Adopted by the City Council of the City of Virginia Beach, Virginia on the 19 t h 34 day of November 2019. APPROVED AS T CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i I r 's djice City Attorney's Office CA14929 R-1 November 8,2019 CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 6 Final Report- June 3, 2022 (revised 3/5/24) GENERAL RECOMMENDATIONS 1 . City Council should reaffirm that citizen input and participation with local government are critical to quality of life and to ensure Virginia Beach as a "Community for a Lifetime." 2. City Council and City Staff should stress the vital role of Appointive Agencies' in making certain that the voices of citizens are heard. 3. As many other localities its size have already done, the City of Virginia Beach should implement Appointive Agency software to significantly increase public engagement, efficiency, and agency effectiveness while reducing administrative burden. 4. To increase public engagement significantly, to allow more choices of meeting places and times, and to reduce staff burden the City should better equip more rooms to easily and effectively accommodate hybrid meetings of Appointive Agencies involving both in-person and remote participation. Such facilities would also benefit City agencies and staff. 5. Future legislative agendas of the City of Virginia Beach should continue to seek greater opportunities for local advisory Appointive Agencies and their individual appointees to participate in meetings remotely. This recommendation does not extend to Appointive Agencies that are quasi-judicial or grant-making in nature, that render decisions on property rights, or to independent or regional agencies. RECRUITING AND MARKETING l. City Council and City Staff shall make citizens aware of opportunities to serve on Appointive Agencies. 2. Membership on each Appointive Agency should reflect the geographic, gender, age, ethnic, and occupational diversity of the City. City Council should reaffirm a commitment to appoint Virginia Beach residents, except those appointed by virtue of their position, to the Appointive Agencies. 3. City Council should place an emphasis on public information outreach to inform the public and build interest in serving on Appointive Agencies. 1 Please note,we have chosen to utilize the term"Appointive Agencies"throughout these recommendations in lieu of "Boards and Commissions,""Committees," "Authorities,""Councils,""Panels," "Task Forces,"and other terms presently in use for organizations with one or more citizen-members appointed by the Virginia Beach City Council. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 7 Final Report- June 3, 2022 (revised 3/5/24) 4. City Council shall direct the necessary stakeholders to develop and implement a public relations campaign to enhance participation and membership within the City of Virginia Beach Appointive Agencies. 5. The City Clerk shall work with the Communications Office to identify modern media and communication outlets to utilize for advertising volunteer opportunities with the City's Appointive Agencies. a. The City Clerk shall periodically meet with the Communications Office to ensure the most current modern media and communication outlets are being effectively utilized. b. As needed, the City Clerk shall utilize the Communications Office to advertise specific hard-to-fill Appointive Agency positions (e.g., those requiring specific educational backgrounds or specific licensure). 6. The City Clerk shall continue to maintain its Appointive Agencies pamphlet in hard copy. The City Clerk will also work to maintain an electronic version of the Appointive Agencies pamphlet easily accessible by the public. a. Every City office with a public-facing desk should be provided with copies of the Appointive Agencies pamphlet including Libraries and Recreation Centers (or another document directing the public to the electronic version of the pamphlet). b. Each year the City Clerk shall identify community organizations that may have members interested in serving on Appointive Agencies and ensure that these organizations are provided with the Appointive Agencies pamphlet. c. Each year the City Clerk shall identify under-represented communities' organizations that may have members interested in serving on Appointive Agencies and ensure that these organizations are provided with the Appointive Agencies pamphlet. d. The City Clerk shall ensure the Appointive Agencies pamphlets are made available to each member of City Council, so that City Council members may continue recruiting efforts at their community meetings and events. 7. The City's website should be enhanced to create a more vibrant, accessible, and informative "landing spot" for information on Appointive Agencies. a. This should include at a minimum: i. A full listing of all Appointive Agencies. ii. Links to the individual webpages and other digital platforms for each specific Appointive Agency. 1. The staff liaison for each Appointive Agency should maintain a current membership listing with appointed terms on their individual webpage including information on the meeting schedule and frequency. iii. Vacancies for each Appointive Agency. 1. The number of vacancies, including Student positions, should be listed at the beginning of each calendar year based on the number of open seats on each Appointive Agency, as CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 8 Final Report- June 3, 2022 (revised 3/5/24) well as the number of seats not specifically vacant, but whose term expires during that calendar year. iv. Adult and Student Talent Bank Application forms with online submittal capability, as described later in this report. v. Training materials described later in this report, enabling prospective applicants to become better prepared for service and providing convenient centralized access for current appointees. b. Adoption of Appointive Agency software would facilitate more efficient and standardized implementation of this recommendation and enable enhancements beyond the minimum, increasing public engagement. SOCIAL MEDIA POLICY 1. Appointive Agencies should be encouraged to use existing departmental and City platforms for reaching the public rather than establishing new platforms. 2. Appointive Agencies should annually evaluate the utilization, effectiveness, and resources required to maintain social media platforms and make appropriate changes to ensure efficiency. 3. Staff liaisons shall report all existing Appointive Agency social media platforms to the offices of the City Attorney and City Clerk. a. This recommendation is made at the request of the City Attorney's Office, which identified having a centralized registry of such sites as a best practice. 4. The City Clerk's webpage should include links to all Appointive Agency digital platforms. 5. Social media platforms for Appointive Agencies should be registered to the City of Virginia Beach following City procedures, and not be registered to private individuals. 6. Departments supporting Appointive Agencies should post social media content, which may be supplied by appointees, on their behalf. 7. Social media posts for Appointive Agencies should provide information, align with the agency's mission, and inform the public of meetings, events, and service opportunities. 8. The Commission's training recommendations include providing guidance for appointees on personal social media posts related to their City position. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 9 Final Report- June 3, 2022 (revised 3/5/24) YOUTH INVOLVEMENT 1. Appointive Agencies should be encouraged to identify and create opportunities for student involvement designed to support the agency's mission. This may include both formal participation on the Appointive Agency or informal participation on sub- committees, events, programs, etc. a. In the event an Appointive Agency seeks formal student involvement on the Appointive Agency, then the membership status of the student members (e.g., voting member or non-voting member, term of office, etc.) should be decided by City Council on a case-by-case basis based on input from the requesting Appointive Agency. 2. The City Clerk shall ensure information regarding opportunities for student/youth involvement with the Appointive Agencies is maintained on the City's website. 3. The City Clerk shall work with local schools, including private schools, home school organizations, and the Virginia Beach City Public Schools, to provide information on opportunities for student/youth involvement and Student Talent Bank Applications to these groups. PROSPECTIVE APPOINTEES 1. Prospective appointees should be encouraged to: a. Attend Appointive Agency meetings to learn about the group's mission and operations; b. Engage with the Appointive Agency by participating in its events and programs; c. Consider any opportunities to support the Appointive Agency's mission through Volunteer Office programs; and d. Prepare themselves for service by taking the online training proposed herein. TALENT BANK APPLICATION 1. The City Clerk shall implement the standard Talent Bank Application and Student Talent Bank Application attached to these recommendations. Please find the proposed Talent Bank Application attached as Exhibit A and the proposed Student Talent Bank Application attached as Exhibit B. 2. The City should explore the utilization of a software-driven online system for collecting applications to serve on Appointive Agencies, increasing efficiency and enabling greater reporting capabilities. a. In the interim, the City Clerk should implement a method to submit the Talent Bank Application electronically. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 10 Final Report- June 3, 2022 (revised 3/5/24) 3. There should be no limit on the number of Appointive Agencies on which an individual can serve. Council should consider concurrent appointments, but they should not be the final decision criterion. A list of all Appointive Agencies on which a nominee currently serves should be provided to the Council before a new appointment or re-appointment is made. This is also incorporated into the (re)appointment application and request forms. CONFLICT OF INTEREST REQUIREMENTS 1. All appointees shall comply with state laws related to conflict of interest filing if the Appointive Agency on which they serve is subject to such requirements under state law. 2. All members of Appointive Agencies shall be required to acknowledge "The Principles of Service" statement, which is incorporated into the Talent Bank Application, Student Talent Bank Application, and Reappointment Request Form (see Exhibits A, B and F). BACKGROUND CHECK / BADGE ACCESS 1. In general, no background check should be required to serve on Appointive Agencies, except as specifically required by City Council, state law, or another governing authority. 2. Appointive Agencies should advise City Council of new circumstances that may warrant re-evaluation of specific background check requirements. 3. Appropriate access privileges for members of Appointive Agencies should be determined by professionals responsible for the security and safety of municipal facilities, rather than by a general ordinance. a. Those currently holding access badges should continue until otherwise determined by City security and safety authorities. b. Those desiring additional access privileges should make a request to the City Council liaison for evaluation by City security and safety authorities. PRE-APPOINTMENT INTERVIEWS AND RECOMMENDATIONS 1. City Council shall decide whether pre-appointment interviews are a requirement for each Appointive Agency on an individualized basis. Ultimate authority to make appointments does and should continue to rest with City Council. a. City Council may delegate authority to interview applicants for appointment to an Appointive Agency to the specific Appointive Agency. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 11 Final Report- June 3, 2022 (revised 3/5/24) 2. If provided for by law or ordinance or with the consent of the appropriate City Council liaison, an Appointive Agency may conduct interviews to make recommendations for appointment to the Appointive Agency. a. Interviews shall comply with applicable public meeting laws. b. The Appointive Agency should seek guidance in advance from the City Attorney's Office on appropriate procedures for conducting interviews. 3. If an Appointive Agency, through its chair, wishes to make recommendations for appointment, the City Clerk may be consulted regarding interested applicants and for review of talent bank applications in the City Clerk's office. a. The City Clerk may provide the chair with basic contact information for applicants to the Appointive Agency, but shall not distribute talent bank applications, unless otherwise provided for by ordinance. b. Recommendations for appointment should be sent by the chair to the Appointive Agency's City Council liaison, or to the Vice Mayor if no liaison exists, with a copy to the City Clerk. 4. Changes in applicants' status. a. Talent Bank applicants shall be responsible for updating their applications, particularly with regard to changes in residency, criteria required for appointment such as current licensure, and ongoing availability/interest in appointment. b. Prior to appointment, and especially for Talent Bank applications on file for more than one year, efforts should be made either by the Clerk's Office, Appointive Agency chair, or staff liaison as appropriate, to contact the prospective appointee for confirmation of residency, required criteria, and ongoing availability/interest. TRAINING PROGRAMS 1. Create Training Programs for Appointive Agency Members and Staff Liaisons a. Take greater advantage of technology b. Simplify training into topic modules rather than a single, long course i. Easier for trainees to complete as time allows ii. Easier for the City to update portions as needed c. Enable training to be delivered online, preferably at a self-directed pace d. Reduce key training points into corresponding Training Handbooks (digital) e. Create a short introductory video from Mayor, Vice Mayor and/or City Manager f. Review training topics bi-annually and modify as the City's needs evolve g. To avoid burdensome administrative work, standard software (which the City may already use or which may be part of a municipal Appointive Agency package) should be considered to track training completion. 2. Appointive Agency Member Training a. Four short modules, shown on Exhibit C, are suggested for initial training program b. Timing of Training CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 12 Final Report- June 3, 2022 (revised 3/5/24) i. Until training tracking software is implemented, new Appointive Agency appointees should make reasonable efforts to take training prior to, or within 30 days after, appointment. ii. Current Appointive Agency appointees should make reasonable efforts to take training prior to, or within 30 days after, re-appointment. iii. Opportunities and encouragement should also be offered for current appointees to take training as it becomes available, rather than waiting until reappointment nears. iv. These recommendations should be revisited when automated tracking solutions become available, or during the bi-annual training program review noted above. c. Retraining or Supplemental Training i. To be considered as new matters arise (e.g., adoption of new laws, ordinances, policies, or circumstances such as COVID) ii. May be utilized as part of solutions for resolving appointee issues d. Make training available digitally to the general public via website delivery i. Talent Bank applicants may take early & note as a "Plus" factor ii. Promote civic knowledge & engagement, including potential use by students e. Information specific to the appointee's Appointive Agency should be provided soon after the chair and staff liaison are notified of the appointment. This orientation shall include times and places of meetings, ongoing projects, special events, operating procedures, and all related ordinances and resolutions. 3. Staff Liaison Training a. Topics shown on Exhibit D are suggested for initial training program b. Topics were determined in part from needs identified during surveys of Virginia Beach Appointive Agency staff liaisons c. Staff liaison training should include Appointive Agency Member Training modules i. To reduce creation of redundant materials ii. To better enable staff liaisons to reinforce Appointive Agency Member Training d. Timing of Training i. Equipping staff liaisons with uniform administrative tools and training will greatly facilitate successful Appointive Agency operations ii. Training should be implemented as a priority for all existing & new staff liaisons e. Periodic refresher training in group setting of existing liaisons should be conducted in coordination with the City Clerk, City Attorney and Office of Volunteer Resources to: i. Raise awareness of best practices and methods for resolving common challenges ii. Identify issues to leadership CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 13 Final Report- June 3, 2022 (revised 3/5/24) ATTENDANCE 1. To fulfill their duties, the City's Appointive Agencies rely upon the active participation of appointees. The chair of each Appointive Agency shall encourage attendance and enforce the City's Appointive Agency attendance policies. 2. Attendance at each Appointive Agency meeting shall be recorded in the Minutes. 3. The chair and staff liaison shall classify attendance according to the City's attendance policies. 4. When technology permits, meeting attendance should be promptly uploaded online by the staff liaison so the Clerk's office will have continuous access to current information. 5. Until technology allows ongoing reporting online, staff liaisons shall maintain a standard Appointive Agency Attendance Report (see Exhibit E) and promptly provide it to the chair, City Clerk, or Council liaison upon request. This Report should be provided to the City Clerk promptly after the last meeting of the calendar year, and it should also be included in the Appointive Agency's Annual Report. 6. City Council should consider attendance records when making (re)appointments. EXPIRATION OF TERM / REAPPOINTMENTS 1. The staff liaison shall give 90 days advance notice to any member of an Appointive Agency whose term is expiring. a. The staff liaison shall notify the member of their term expiration in writing (until technology permits a more streamlined process), including the Reappointment Request Form (see Exhibit F), with a copy to the chair and City Council liaison. The staff liaison shall inquire as to whether the member is interested in continuing their service with the appointive agency for an additional appointment period. The staff liaison shall also instruct the appointee to return the Reappointment Request Form at least 60 days in advance of their term's expiration. b. The chair of such Appointive Agency should also communicate with the member to determine the member's interest in continuing to serve on the Appointive Agency. c. The member should provide notice to the City Clerk as soon as possible (and at least 60 days in advance of the expiration of their term) regarding their desire to be re-appointed, utilizing the Reappointment Request form attached as Exhibit F. d. If a member eligible for reappointment does not timely return the Reappointment Request form, then the City Clerk should provide that information to Council for their consideration in the reappointment process. While it would be helpful to have the form returned, a failure to do so should not disqualify an individual from reappointment. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 14 Final Report- June 3, 2022 (revised 3/5/24) 2. The staff liaison shall provide the City Clerk and City Council liaison with all measurable information and data related to members who are up for reappointment, including attendance and other concurrent appointments. 3. The chair of an Appointive Agency may provide recommendations to the City Council liaison, or to the Vice Mayor if no liaison exists or is available, and to the City Clerk for appointments and reappointments to the Appointive Agency. The City Clerk will provide any recommendations made by the chair to City Council for the Council's consideration. 4. The City Clerk should provide City Council with a list of the various Appointive Agency members whose terms are expiring 60 days in advance of such expiration date. 5. Appointments and reappointments of members to Appointive Agencies should occur thirty (30) days prior to the expiration of terms. 6. Council should continue its recently adopted practice of considering appointments at the conclusion of its workshop sessions in addition to regular business meetings, which has been effective in minimizing Appointive Agency vacancies. 7. Appointments beyond term limits. a. Staff liaison training recommendations described in this report shall include best practices related to communications with Appointive Agency members whose terms are expiring, and who have reached their maximum term limit, on the City Code provision allowing for additional terms in certain circumstances. b. Retain the current City Code provision (City Code § 2-3(b)) that enables the City Council, by an affirmative vote of a majority of all Council Members, to reappoint a person to one or more additional terms beyond those permitted by City Code § 2-3(a) when, by virtue of the unique qualifications of the position or other extenuating circumstances, doing so would serve the best interests of the City. c. City Council should provide a rationale when reappointing anyone beyond the term limits as set forth in Section 2-3(a). 8. Consider changing the term limits for Appointive Agencies that have specific membership requirements that are difficult to meet, as was done in City Code § 2-3(c) for appointees to the Board of Building Code Appeals. Such circumstances should be identified by the Clerk's Office, in Appointive Agency annual reports, and in the periodic procedural review process recommended elsewhere in this report. 9. An individual who previously served on an Appointive Agency shall not be deemed to have a consecutive appointment if three or more months have passed since the appointee's most recent term with the same Appointive Agency has concluded. 10. Letters of appointment and reappointment should include the appointee's obligation to self-report the loss of certification/license, change of residency, or other changes to factors upon which their appointment is conditioned. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 15 Final Report- June 3, 2022 (revised 3/5/24) APPOINTMENTS HELD BY VIRTUE OF POSITION 1. Government Positions. Unless otherwise specified by Ordinance, law, or bylaws approved by City Council, appointments of members to Appointive Agencies by virtue of concurrent service in a specific elected, appointed, or employed government position (Federal, State or local) shall terminate if an incumbent ceases to hold or is suspended from such position. Absent other action by City Council, their authorized successor in that government position, acting or permanent, shall also assume appointment to such Appointive Agency seats ordained as secondary assignments for their office, subject to subsequent confirmation by City Council. 2. Non-Government Positions. Unless otherwise specified by Ordinance, law, or bylaws approved by City Council, appointments of members to Appointive Agencies by virtue of concurrent service in a non-governmental position shall terminate if an incumbent ceases to hold or is suspended from such position. The Appointive Agency seat previously held by the incumbent shall be vacant until City Council appoints a successor. 3. Inter-Agency City Liaisons. When Council desires one Appointive Agency to coordinate with another, consideration should be given to allowing the agency providing a liaison to designate which of its members should serve rather than requiring Council itself to appoint a specific individual member as the liaison. a. This recommendation is intended to increase attendance by inter-Agency liaisons by allowing more responsive designation changes as individual availability and workloads change. b. Backup inter-Agency liaisons, which do not exist now, could also be readily designated by the Agency itself, furthering Council's goals by reducing attendance gaps, communications breakdowns, and failures to coordinate. CIRCUMSTANCES TO REMOVE AN APPOINTEE Failure to Take Oath of Office (Lapse of Appointment) 1. A limited number of appointees are required to take an Oath of Office, typically by State Law. 2. Appointment letters for such positions should indicate service is conditioned upon taking the Oath. 3. An appointee who fails to take an Oath as required allows their conditional appointment to lapse and forfeits the opportunity to serve. 4. The Clerk should promptly notify the appointee their appointment has lapsed and notify Council the position remains vacant and requires a new appointment. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 16 Final Report- June 3, 2022 (revised 3/5/24) Excessive Absences 1. Attendance is directly correlated to Appointive Agency participation and thereby to the success of the organization in furthering its mission. Creating and maintaining a culture that expects the participation of its members in productive meetings will increase the engagement of the Appointive Agency. Engaged appointees are an Appointive Agency's most valuable assets. 2. Recommended procedures for recording attendance, and thereby identifying excessive absenteeism, are noted elsewhere in this report. 3. The staff liaison will notify the Appointive Agency chair after a member has had two unexcused absences. The chair shall contact the member to determine why the member is missing meetings and remind the member of the City's attendance policy, and if applicable, the Agency's remote participation policy. 4. If a member accumulates more than three eF mere absences in a calendar year, or, for agencies that meet more than four times per calendar year, if a member is absent from more than one-fourth of the total number of meetings held during the calendar year, for any reason other than personal illness, the illness or death of a relative, or other circumstances beyond the member's control (as determined by the chair), the staff liaison shall notify the City Clerk's office in writing, with a copy to the chair, and advise the City Clerk of the name of the member of who has accumulated absences beyond those allowed by the City Code. The notification should reference the attendance policy set forth in City Code § 2-3.1 and indicate it was sent on behalf of the chair. 5. Given that City Code § 2-3.1 provides that absences due to personal illness, the illness or death of a relative, or other circumstances beyond the member's control are excused absences, and given the option for members of Appointive Agencies to participate in meetings from a remote location if the Appointive Agency has adopted a remote participation policy as authorized by the Virginia Freedom of Information Act and City Council Policy, the City Code requirement and procedures for removal of appointees due to excessive unexcused absences should be strictly enforced. Failure to File Financial Disclosure Form l. Recommendations elsewhere in this report significantly limit the number of appointees required to file a Financial Disclosure form. 2. In most cases, consequences for failure to file a Financial Disclosure form will be determined by State law. 3. If an appointee is required to file a Financial Disclosure but is not subject to State law consequences for failure to do so: a. Their appointment letter should note filing is a requirement for continued service; b. Failure to timely file should result in a prompt letter from the City Clerk allowing 30 additional days; and CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 17 Final Report- June 3, 2022 (revised 3/5/24) c. Failure to file by the extended deadline should result in automatic termination of the appointment, carried out by written notice from the City Clerk in the some manner provided in § 2-3.1 for termination due to excessive unexcused absences. 4. Given the limited number of positions impacted by this recommendation, the public transparency objective of the filing requirement, the well-communicated requirement to file, and provisions to remedy an initial lapse in timely filing, if allowed by state law, this policy should be strictly enforced. Other Circumstances 1. A variety of other circumstances may impair an appointee's ability to serve effectively or may impair their Appointive Agency's ability to fulfill its mission. 2. When such circumstances arise the appointee should notify the chair, who in turn should notify the Council liaison or Vice Mayor (in the absence or unavailability of a Council liaison), as appropriate. 3. These situations should be evaluated on a case-by-case basis. 4. City Council should continue to exercise its authority to remove appointees as it determines best for the welfare of the City and the Appointive Agencies. 5. Circumstances which could, but would not necessarily, lead to Council's review for potential termination of an appointment may involve violation of the Principles of Service or certain criminal convictions. 6. Council should provide for an appointee Leave of Absence (LOA) where legally permissible as an intermediate step to facilitate Appointive Agency operations during such circumstances. a. Such LOAs should be for a defined, limited term - perhaps up to three (3) months. b. Such LOAs could be requested by the appointee or imposed. c. Power to grant an LOA should vest in the agency's Council liaison, or the Vice Mayor in the absence or unavailability of a Council liaison. d. Appointive Agency quorums should not include appointees on an LOA. e. Appointee absences during a properly granted LOA should be considered "Excused." f. Such LOAs would not be for personal medical or family medical reasons already addressed by City ordinance. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 18 Final Report- June 3, 2022 (revised 3/5/24) RECOGNITION 1. Appropriate opportunities for recognition of appointees should be identified using the City's Office of Volunteer Services as a resource. 2. The City Manager should be encouraged to recognize outstanding performance by staff liaisons supporting Appointive Agencies, as appropriate. 3. The nature and timing of such recognition should be periodically re-evaluated to ensure effectiveness and efficiency. COUNCIL LIAISONS 1. City Council should consider selecting two of its own members to serve as Liaisons or Contacts to each Appointive Agency. a. The second Council Liaison/Contact may choose to serve in a limited, backup capacity or in a full capacity. b. For Appointive Agencies with quasi-judicial powers or other reasons why Council Members should not act as full liaisons or attend meetings, City Council Members should be designated as "City Council Contacts" with more limited roles. c. If neither City Council Liaisons nor Contacts are currently designated for an Appointive Agency, the Vice Mayor shall serve as the agency's point of contact with City Council. 2. City Council's current practice of reviewing liaison/contact assignments annually and when the composition of Council changes is endorsed as a helpful practice. 3. Familiarity with the missions and work of the City's Appointive Agencies and attendance at their programs and special events should be encouraged for all Council Members. 4. City Council liaisons can help Appointive Agencies succeed and fulfill their missions in the following ways: a. Refer relevant matters to Appointive Agencies, inform Appointive Agencies of Council initiatives, and advise Agencies of Council's perspectives on matters relevant to their mission. b. Use Liaison Reports to inform Council and the public of Appointive Agency issues, achievements, and events. c. Actively engage with assigned Appointive Agencies and be available to chairs for coordination. d. Facilitate Appointive Agency communications to Council, including reports and presentations. e. Provide guidance on desired work products and assignments from Council, and provide acknowledgement and feedback to the Appointive Agency after receiving and considering their reports. f. Advise the City Manager of circumstances appropriate for his consideration and execution for facilitating the success of Appointive Agencies. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 19 Final Report- June 3, 2022 (revised 3/5/24) g. When recruiting, filling, or reappointing to open seats on Appointive Agencies: i. Give consideration to recommendations from the Appointive Agency; ii. Coordinate with District Council Members on Appointive Agencies with geographic composition requirements. h. Promote coordination when advice from more than one Appointive Agency is sought, such as when the same or related issue is referred to both a geographic Appointive Agency such as RAC and a general government service Commission such as Parks & Recreation. i. Sponsor Appointive Agency recommendations for consideration by Council, including changes in size, composition, liaisons and student members. j. Provide fellow City Council Members with context and information when evaluating the Appointive Agency's Annual Report and other work products, as described elsewhere in these recommendations. STAFF LIAISONS 1. Staff liaisons shall be expected to perform all duties identified in the Staff Liaison Training program. 2. The City Manager should be directed to ensure supervisors are aware of Appointive Agency staff liaison duties so workloads can be appropriately planned, performance can be evaluated, and provisions for staff liaison succession and backup can be made. 3. Staff liaisons shall maintain current and orderly files for assigned Appointive Agencies, including meeting agendas, meeting minutes, and attendance records. 4. Staff liaisons shall file all necessary public meeting notices for their assigned Appointive Agency. 5. Staff liaisons shall promptly notify the chair, City Council liaison, and City Clerk's office of any changes in appointee membership status, eligibility to serve, or contact information. 6. Staff liaisons should inform supporting department leaders and appropriate staff about matters being considered by the Appointive Agency. 7. Staff liaisons should coordinate with Appointive Agency chairs when opportunities arise for the City's professional staff to assist appointees with making informed evaluations and recommendations. 8. Staff liaisons shall promptly provide newly appointed members and all liaisons orientation materials. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 20 Final Report- June 3, 2022 (revised 3/5/24) 9. Staff liaisons shall coordinate webpage postings and if applicable, social media postings, for the Appointive Agency ANNUAL REPORTS 1. An Appointive Agency's Annual Report is perhaps the most important and underutilized tool for enabling City Council's evaluation of each agency's mission, effectiveness, and opportunities for service. Efforts should be prioritized to ensure Appointive Agency annual reports are easy to prepare and submit, standardized with key content valued by Council, and expected on a timely basis. 2. The chair of each Appointive Agency, other than Independent or Regional Agencies, shall file an Annual Report to City Council with the City Clerk's office no later than sixty (60) days after fiscal year-end, unless otherwise specified. a. City Budget. Submission of Annual Reports on this timetable is intended to facilitate timely consideration of recommendations related to resources early in the City's budget development cycle, with all Agency requests presented at the same time. Council has often requested such timing. b. City Policies. The timing is also intended to enable consideration of policy recommendations early in the development cycle for legislative agendas involving other levels of government. 3. The Annual Report shall cover the period July 1 -June 30 of the fiscal year just ended, unless otherwise specified. 4. A simple, standard Annual Report template showing minimum requirements is included as Exhibit G. Appointive agencies may choose to provide additional material, but all annual reports shall include each of the minimum required sections. 5. Appointive Agencies will differ in the types of information they report, depending on their mission. a. Advisory Appointive Agencies may choose to focus on programs and projects. b. Quasi-judicial Appointive Agencies may choose to focus on statistics and processes related to the matters they evaluate. 6. The chair and staff liaison should collaborate to draft the Annual Report. 7. Annual Reports should be approved by the Appointive Agency prior to filing with the City Clerk for distribution to Council. 8. An Annual Report should be filed even if no other meetings were held or no business was conducted in the prior year. The report should indicate the reason for these circumstances to assist City Council in their annual evaluation of the Appointive Agency and its mission. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 21 Final Report- June 3, 2022 (revised 3/5/24) 9. Online completion and filing of Annual Reports should be part of the future City Appointive Agency software, significantly reducing reparation time, enabling tracking without administrative burden, and increasing access to information. 10. Appointive Agency Annual Reports should be made available to the public via online posting. 11.The opportunity for Appointive Agencies to periodically brief City Council should continue to be afforded as an important process for public awareness, fulfillment of the citizen-advisory role, and two-way engagement with the majority of Council who are often not otherwise focused on the agency. APPOINTIVE AGENCY MISSION, ESTABLISHMENT AND SUNSETTING 1. City Council should consider assigning matters to Appointive Agencies in this order of preference and priority: a. First, to one or more existing agencies, augmenting their mission if necessary; b. Second, to a new temporary Appointive Agency with a defined sunset provision; c. Third, to a newly established standing Appointive Agency. 2. The City Attorney's Office should maintain model ordinances for establishing new temporary and standing Appointive Agencies containing a list of elements for City Council to determine such as: mission, membership composition, terms of appointment and term limits, supporting City Department(s), budget (if any), sunset provision (if temporary), and any governance matters, powers or limitations that differ from default City standards for Appointive Agencies. 3. Each existing Appointive Agency shall review its mission statement and present any recommended changes to City Council in conjunction with its Annual Report. 4. City Council should direct the City Manager to maintain a current master organizational chart indicating the City Departments supporting each Appointive Agency, and to provide this chart to the City Clerk for public posting on the Appointive Agencies webpage. 5. When considering each Appointive Agency's Annual Report City Council should evaluate: a. The Agency's own recommendations for changes to its mission; b. New or changed issues City Council wishes the Appointive Agency to address; c. The effectiveness of the Agency in accomplishing its mission; d. Policy, Agency composition, or resource changes to improve Appointive Agency mission fulfillment. Inter-Agency liaisons should be considered as an alternative to appointing additional full voting members where appropriate; CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 22 Final Report- June 3, 2022 (revised 3/5/24) e. The balance of agency support workloads across City departments; f. Opportunities for consolidation or sunsetting of Appointive Agencies. TERMS OF OFFICE FOR ALL APPOINTIVE AGENCIES 1. The City Council should define the terms of office (period of time) for members serving on all Appointive Agencies. Specifically, the City Council should make this determination when establishing an Appointive Agency, or when adding new classes of members such as students, or when designating new liaison positions. 2. If City Council chooses not to define all terms of office, then the City should enact an appropriate ordinance to apply a default one-year term to those otherwise undefined. 3. The City Council should amend any current ordinance for any existing Appointive Agencies lacking established terms of office in order to establish appropriate terms. BYLAWS 1. The majority of appointive Agencies are not required to maintain individual bylaws and generally should be discouraged from adopting bylaws to avoid conflicts with ordinances of general applicability subsequently adopted by Council, consumption of staff and volunteer resources required to train on and maintain unique bylaws rather than focusing on mission fulfillment, and redundancy with determinations made solely by Council. 2. In general, only Appointive Agencies that make grants, are independent or regional agencies, or are otherwise required to do so, should consider maintaining Bylaws. All other Appointive Agencies, including those who serve as advisory bodies to City Council, should consider alternatives to Bylaws. 3. Appointive Agencies should consider the utilization of policies in lieu of bylaws, including policies related to the election of officers. 4. Appointive Agencies that choose or are required to implement Bylaws should consider utilizing the standard template attached as Exhibit H. 5. Appointive Agencies that adopt Bylaws will be expected to follow, enforce, and maintain their Bylaws. 6. Appointive Agencies shall have all Policies, Bylaws, proposed Bylaws and/or amendments to Bylaws reviewed by the City Attorney's Office. 7. To provide uniform fallback procedures, to resolve subjects of frequent ambiguity, and to minimize adoption of separate Bylaws by multiple agencies, the following default policy should be adopted by Council for all City Appointive Agencies: CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 23 Final Report- June 3, 2022 (revised 3/5/24) a. Unless otherwise specified by Ordinance, law, or bylaws, Appointive Agencies shall elect a chair and a vice chair from among their members annually. The chair shall plan and conduct meetings of the Appointive Agency and perform other duties assigned and reserved to chairs by Council, ordinance, or law. The vice chair shall temporarily perform the duties of the chair when the chair is unavailable. Any subcommittee established by an Appointive Agency shall be advisory to the full agency and shall adhere to all laws governing public meetings including notice, attendance records, and minute-keeping. b. In the absence of specific laws, ordinances, or bylaws to the contrary a majority of the Appointive Agency's current membership shall constitute a quorum, subject to a minimum quorum size of three. 8. Where appropriate for the uniform functioning of City government, Council should adopt ordinances of general applicability to Appointive Agencies, with exceptions if needed, rather than awaiting individual Appointive Agencies to individually adopt policies or bylaw amendments to achieve the same purpose. MEETING REQUIREMENTS 1. Public notices for all Appointive Agency meetings shall be posted online, on the Public Notice Meeting Board near City Council Chamber, and in the office of the department that provides the Agency with staff support, and in any other designated places, in accordance with state law. 2. Staff liaisons and chairs should remind appointees about public meeting law compliance when subcommittees are formed and when gatherings outside of regular meetings are anticipated. 3. Appointive Agencies should meet a minimum of once per year to approve their Annual Report to City Council, confirm the status and availability of members, elect officers (if applicable), perform financial functions (if applicable), and perform other such duties, even if no other meetings were held or no business was conducted in the prior year. 4. Barriers should be reduced for individuals who may want to participate in or observe meetings, including if appropriate: diversifying meeting places and times, conducting hybrid in-person/online meetings, and streaming meetings via digital technology. 5. Training should inform appointees and liaisons that a properly-noticed public meeting may be called to order even if a quorum is not present, unless otherwise prohibited by law. No votes may be taken unless a quorum is present, but minutes and attendance shall be taken, unless the chair cancels the meeting prior to calling it to order. 6. Meeting agendas should be distributed to Appointive Agency members and liaisons at least three days prior to the meeting date. Appointive Agencies should adopt a process CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 24 Final Report- June 3, 2022 (revised 3/5/24) to capture meeting minutes ensuring compliance with applicable laws and regulations. Please find a suggested template attached as Exhibit I. IMPLEMENTATION 1. The City Council should establish a standing or permanent Appointive Agency to work with the City Clerk and the City Attorney to implement the recommendations embodied in this document. 2. The newly established Appointive Agency shall ensure that the proposals and recommendations in this document are prioritized correctly and amended as needed to comply with the spirit of the proposed recommendations. This new Appointive Agency shall also continue the mission of providing advice and recommendations to City Council regarding the City's various Appointive Agencies and the appointment processes. 3. City Code Section 2-451 which lists and categorizes Appointive Agencies is inaccurate and should be revised in a manner that reflects current directives by Council and does not render it frequently out of date in the future. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 25 Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT A - TALENT BANK APPLICATION Talent Bank Application T... ,#A City Council Appointive Agencies 44�' Instructions You may attach your own resume or other supporting data. Each application is retained on file for five years and may be updated at any time by contacting the City Clerk at 385-4304 or 385-4036. Each applicant must be a resident of Virginia Beach. Thank you for completing this application and for your interest in serving the City of Virginia Beach. Contact Information Name(last,first MI.) Provide previous names used Home Address City ZIP Code Phone E-Mail Address Applicant's District 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / (circle one) Registered Voter? Yes/No (circle one) How long have you been a resident? Are you currently serving Yes/No on a City Council Appointed If Yes,list the name of City Council Appointed Agency: Agency (circle one) Education High School College Technical Military Graduate/Professional Degrees or Certifications CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 26 Final Report- June 3, 2022 (revised 3/5/24) Current Occupation Firm Name Address Title Describe Duties Please state your interest and/or reason to seek City Council's appointment to any Appointive Agency: Please provide experience you have that relates to the Appointive Agency you wish to serve on: Please share any volunteer or community service in your background that would make you a good candidate for appointment: CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 27 Final Report - June 3, 2022 (revised 3/5/24) References(Optional) 1. Name(last,first MI.) Relationship to Applicant Phone E-Mail Address 2. Name(last,first MI.) Relationship to Applicant Phone E-Mail Address 3. Name(last,first MI.) Relationship to Applicant Phone E-Mail Address Interests: Please rank up to five Appointive Agencies you are interested in(1 being most interested): 2040 Vision to Action Community Coalition _Advertising Advisory Committee Agricultural Advisory Committee _Arts and Humanities Commission Audit Committee Bayfront Advisory Commission Beaches and Waterways Advisory Commission Bikeways and Trails Advisory Committee Board of Building Code Appeals Board of Zoning Appeals Chesapeake Bay Preservation Area Board Clean Community Commission Community Organization Grant Review and Allocation Committee(Minority Grants) Community Policy and Management Team(CSA-At Risk) _Community Services Board Development Authority Eastern Virginia Medical School Green Ribbon Committee _Health Services Advisory Board Historic Preservation Commission Historical Review Board Housing Advisory Board Human Rights Commission CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 28 Final Report-June 3, 2022 (revised 3/5/24) _Military Economic Development Advisory Committee Minority Business Council Oceana Land Use Conformity Committee _Old Beach Design Review Committee Open Space Advisory Committee Parks and Recreation Commission Personnel Board _Planning Commission Process Improvement Steering Committee _Public Library Board Resort Advisory Commission Senior Services of Southeastern Virginia(Regional) Social Services Advisory Board _Southeastern Tidewater Opportunity Project(Regional) _Stormwater Appeals Board Tidewater Community College Board(Regional) Tidewater Youth Services Commission(Regional) Transition Area/Interfacility Traffic Area Citizens Advisory Committee Towing Advisory Board _Urban Agricultural Advisory Committee Virginia Beach Community Development Corporation Wetlands Board Agreement and Signature By my signature to this application, I affirm that the facts set forth in it are true and complete. I understand that if I am accepted as a volunteer, any false statements, omissions, or other misrepresentations made by me on this application may result in my immediate dismissal. I affirm my willingness to complete the City of Virginia Beach Board and Commissions Training Program and I acknowledge the Principles of Service. I further affirm my willingness to fulfill my commitment to actively attend and participate if appointed and to comply with the Virginia Financial Disclosure requirements,if applicable. Full Name(printed) Signature Date Please submit this application via U.S. Mail or Email to: Amanda Barnes,MMC,City Clerk 2401 Courthouse Drive,Suite 281 Virginia Beach,VA.23456 abarnes vbgov.com CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 29 Final Report- June 3, 2022 (revised 3/5/24) City of Virginia Beach Principles of Service These principles shall guide appointees to Boards and Commissions while acting in their official capacity: • To place the best interests of the City above all other interests. • To uphold all laws,regulations,and policies. • To take no action for personal benefit. • To make every effort to avoid a real or perceived conflict of interest. • To avoid disclosure of confidential information obtained in the performance of my duties or in my official capacity. • To exercise prudence and good judgment at all times. • To faithfully and impartially perform my duties, acting with integrity and accountability. • To treat other officials,staff, and the public with respect. • To ensure City resources are used solely for the benefit of the City, and City staff are not given unauthorized directives. • To participate in training and adhere to guidance provided for my role by the City. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 30 Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT B — STUDENT TALENT BANK APPLICATION High School Student Talent Bank Application t City Council Appointive AgenciesV Instructions You may attach your own resume or other supporting data. Each application is retained on file for one year and may be updated at any time by contacting the City Clerk at 385-4036 or 385-4303. Each applicant must be a resident of Virginia Beach. Thank you for completing this application and for your interest in serving the City of Virginia Beach. Contact Information Name(last,first MI.) Street Address City Zip Code Phone E-Mail Address Applicant's District 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / (circle one) Academic Information Name of High School Current Grade Graduation Date Please list any extracurricular activities you are involved in CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 31 Final Report- June 3, 2022 (revised 3/5/24) Please state your interest and/or reason to seek City Council's appointment to any Appointive Agencies: References (Optional) 1. Name(last, first MI.) Relationship to Applicant Phone E-Mail Address 2. Name(last, first MI.) Relationship to Applicant Phone E-Mail Address 3. Name(last, first MI.) Relationship to Applicant Phone E-Mail Address CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 32 Final Report- June 3, 2022 (revised 3/5/24) Interests: Please rank up to five Appointive Agencies you are interested in (1 being most interested): CLEAN COMMUNITY COMMISSION Responsible for promoting litter prevention,recycling,beautification and general environmental awareness through educational projects designed to reach all segments of the community. Meetings are held the second Thursday each month at 6:30 pm _ GREEN RIBBON COMMITTEE Serves in an advisory capacity to City Council on matters relating to the improvement of water quality in the City's waterways,including means of developing property and supporting infrastructure that minimize the use of natural resources,reduce harmful effects on water quality and create healthier environments for people. Meetings are held the fourth Thursday each month from 2:30 to 4 pm HISTORIC PRESERVATION COMMISSION Advises City Council on issues related to the preservation of historic buildings, structures and sites located in the City of Virginia Beach. Members work to preserve,protect and maintain the historic identity of Virginia Beach and the former Princess Anne County. Meetings are held the first Wednesday each month at 5 pm HUMAN RIGHTS COMMISSION Serves as an advisory agency to the City Council with the following duties, powers and functions: (1)to institute,conduct,and engage in educational programs;(2)to serve as a forum for the discussion of human rights issues,and to conduct studies and propose solutions for the improvement of human relations in the city;and(3)to provide assistance to persons who believe their rights have been violated by identifying the appropriate federal,state or local agency to address the complaint and referring such persons to that agency. Meetings are held the second Thursday each month at 4 pm _ PARKS AND RECREATION COMMISSION Serves as an advisory body by acting as a liaison between City Council,City Manager and Director of the Department of Parks and Recreation and citizens of the City concerning matters affecting parks and recreation policies, programs,finances and the acquisitions and disposal of lands and properties and holding public meetings and exercising influence throughout the City to improve and expand recreational opportunities. Meetings are held the first Thursday each month at 3 pm PUBLIC LIBRARY BOARD The Public Library Board has been in existence since the incorporation of the City of Virginia Beach in 1965.The Board is responsible for making recommendations to the Director of Libraries and also to City Council on all phases of library strategic planning,policies and issues critical to community goals and aspirations. Meetings are held the second Monday each month at 5 pm CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 33 Final Report - June 3, 2022 (revised 3/5/24) Agreement and Signature By my signature to this application, I affirm that the facts set forth in it are true and complete. I understand that if I am accepted as a volunteer, any false statements, omissions, or other misrepresentations made by me on this application may result in my immediate dismissal. I affirm my willingness to complete the City of Virginia Beach Board and Commissions Training Program and I acknowledge the Principles of Service. I further affirm my willingness to fulfill my commitment to actively attend and participate if appointed and to comply with the Virginia Financial Disclosure requirements,if applicable. Full Name(printed) Signature Date Please submit this application via U.S. Mail or Email to: Amanda Barnes, MMC,City Clerk 2401 Courthouse Drive, Suite 281 Virginia Beach,VA.23456 abarnes@vbgov.com CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 34 Final Report — June 3, 2022 (revised 3/5/24) City of Virginia Beach Principles of Service These principles shall guide appointees to Boards and Commissions while acting in their official capacity: • To place the best interests of the City above all other interests. • To uphold all laws, regulations, and policies. • To take no action for personal benefit. • To make every effort to avoid a real or perceived conflict of interest. • To avoid disclosure of confidential information obtained in the performance of my duties or in my official capacity. • To exercise prudence and good judgment at all times. • To faithfully and impartially perform my duties, acting with integrity and accountability. • To treat other officials, staff, and the public with respect. • To ensure City resources are used solely for the benefit of the City, and City staff are not given unauthorized directives. • To participate in training and adhere to guidance provided for my role by the City. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 35 Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT C - TRAINING MODULES FOR APPOINTEES City of Virginia Beach Citizens Committee on Boards and Commissions Proposed Training Modules for Appointive Agency Members The CCBC has identified topics where training would increase the effectiveness of the City's Appointive Agencies. Surveys of Agency chairs, liaisons, and of localities across the nation, and especially those similar in population size to Virginia Beach, have generated topics that are needed or commonly the subject of such training. Modular training units, often offered online, group related topics together and break the overall training into short sessions. The following outline is a starting point for implementing such a program in Virginia Beach. Whether ultimately delivered via live presentation, online using PowerPoint and/or recorded video, digitally or in writing as a Handbook, or by other methods, the outline may assist City staff in developing content (or repurposing existing materials) by organizing the CCBC's recommendations for training modules, rather than leaving work to begin from a blank slate. Over time sub-topics may be added, changed, or eliminated as the City's needs evolve. a. Virginia Beach Appointive Aaencv Orientation 1. City Organization 2. Roles of Appointive Agencies (including types) 3. Interacting with City Council 4. Interacting with City Staff & Staff Liaison Role 5. Interacting with the Public b. Public Information 1. Freedom of Information Act 2. Open Meetings 3. Public Records 4. Confidential Information 5. Board advice, City positions & personal opinions (i.e. Media & Social Media) c. Servina with Intearity 1. Ethics Pledge 2. Conflicts of Interest (perceived & actual), and Gifts 3. Disclosures & Abstention 4. City Resources (including use of City Indicia) 5. Solicitation & Nonprofit Supporting Organizations 6. How to Obtain Guidance d. Responsibilities & Procedures 1. Completing Pre-Service Requirements 2. Attendance (in-person and remote participation) 3. Engagement and Preparation 4. Effective Meeting Conduct (including expression of divergent views) 5. Roles reserved to the Chair 6. Required Periodic Filings, and Reporting Changes (contact info, residency, loss of certification/licensure, etc.) 7. Terms of Service, Reappointment, and Ending Service CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 36 Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT D - TRAINING MODULES FOR STAFF LIAISONS City of Virginia Beach Citizen's Committee on Boards and Commissions Proposed Training Topics for Appointive Agency Staff Liaisons City personnel designated to serve as Staff Liaisons to Appointive Agencies shall participate in training provided by the City Clerk and the City Attorney. The following are examples of training topics: A. The some training given to Appointive Agency appointees, including these modules: a. Orientation to Virginia Beach Appointive Agencies b. Public Information c. Serving with Integrity d. Responsibilities and Procedures for Appointees B. Roles & Duties a. Clerk's Office b. Appointive Agency Chair c. Council Liaison or Contact d. Liaisons to Other Appointive Agency e. Staff Liaison (incl coordination with supporting Department leadership) C. Meetings & Events a. Public Notice b. Agendas & Standard Meeting Elements c. Quorums d. Minutes e. Procedures for Appointive Agency events other than business meetings D. Appointive Agency Recordkeeping a. Council Ordinances for Appointive Agency (incl Mission & Special Requirements) b. Bylaws & Policies Adopted by Appointive Agency c. Maintaining Complete and Orderly Files (incl presentations & handouts) d. Record Retention & Destruction Policies e. Attendance i. Policy Review (incl Remote Participation) ii. Standard Attendance Record Chart & Data to be in Minutes iii. Assisting the Chair with Policy Enforcement f. Volunteer Hours E. Annual Report a. Due Date b. Format c. Delivery Procedures d. Council Presentations CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 37 Final Report- June 3, 2022 (revised 3/5/24) F. Correspondence and Recommendations (formats, cc's, delivery method, etc.) a. to City Council b. to City Departments, Offices, or other Appointive Agency c. to External Agencies G. Appointment Lifecvcle a. Recruiting Applicants & Talent Bank Application b. Chair Recommendations of Nominees c. Council Appointment Process d. Post-Appointment Requirements (Oath, Financial Disclosure, etc.) e. Orienting A New Appointee f. Term Lengths, Term Limits & Re-appointment Procedures g. Resignation Procedures h. Student Appointees i. Appointed Liaisons H. Best Practices & Resolving Common Challenaes I. Specialized Matters Pertainina to their Specific Appointive Aaency J. Obtaining Guidance & Assistance a. City Clerk's Office b. City Attorney's Office c. Other Resources CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 38 City of Virginia Beach X [Board/Commission Name] _ 2021 Attendance Record -� M Name Term Ian Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Expires on: 11th 25di 8th 22nd 151s 22nd 5" I& M' 10 2e 12' Present D Cununissioncr ? 3 i 21 P P C A A 1' I' �' 1"V P 1' P P 9/11 -- I M Commissioner 5 ?1 -'-' I' I' C: I'%b' P/V PA P I' I' E 8�'11 Z 0 Commissioner 5/31/2024 p 1' C P P/V P E P P P 1' P 10/11 D ^z Commissioner 5/31/21)21 1' 1, C: 1' A NJA N/A N/A NIA N/A NIA N/A 3/4 ` J M Commissioner 31'2104 1, 1, C 1' 1' 1' A P P/V P/V P/V A ()/11 --� M n Connnissioncr i,31,2n_'3 1' C 1, 1' P P/V P P 1' P/V 1' 10/11 M (-onunissioner 5/31/2026 NIA NIA C NIA 1' P 1' 1' P P 1, 1' 8/8 r z n Commissioner 5/31/2026 1' 1' C 1' I' 1' P P E P 1' 1, 16/11 M This row indicates if there was a quorum; total number of mernbers in person/total 6/7 7/7 C 5/7 4/8* 7/7 2/7* 5,? 5/7 6 7 S 5,7 number of appointed nted rnernbers m Q OCity Council Liaisooss/Depamnent Staff Liaisons m z Council Member Liaison I' C P�'V P/V P/V P/V P/V 6, 0 Council Member Liaison I P C P P/V 4 0 Staff Liaison P P/V C P P 1' P P P P 1' P lu C Z Staff Liaison P P C P P P P P 1, 1, (D nStaff Liaison P/V P/V C P/V P/V P/V P/V P/V 1' ti No 0 Key: Present(P) Present/Virtually(P/V) Absent(A) Resigned(R) Excused Absence(E) Cancelled(C) N City Council and Staff Liaisons should be marked either P or P/V,if not in attendance,the block should be blank C/) If Commissioners participate P/V,it must be annotated in the Minutes where they remotely participated from and the reason—does not apply to City Council or 0 Staff Liaisons. (D SL Meetings lacking a quonun of Members attending ia-pe m should be designated with an asterisk(*) W — Cn N G � Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT F — REAPPOINTMENT REQUEST n City Council Appointive Agencies Reappointment Request Instructions The Reappointment Request ensures your desire to serve an additional term is known to City Council for their consideration. This request is due to the City Clerk 60 days prior to the expiration of your current term and should be completed entirely. Contact Information Name(Last, First MI): Residential Address: Voting District you live in(1-10): Cell Phone: Email: City Council Appointed Agency Information Are you seeking reappointment? Yes_ No If yes, please complete questions below: Name of City Council Appointive Agency you are seeking reappointment to: Are you currently serving on any other City Council Appointive Agency? If so, provide the name: If your appointment requires you to have a specific certification/license, residential district, position or role, do you still maintain that requirement? What is the specific requirement?(i.e., licensed engineer/architect, president or member of a specific association or organization, residential district, employment, citizen, specific knowledge/experience) Agreement and Signature By my signature to this form, I affirm that the facts set forth in it are true and complete. I understand that if I am reappointed, any false statements, omissions,or other misrepresentations made by me may result in my immediate dismissal. I affirm my willingness to complete the City of Virginia Beach Appointive Agency Training Program and I acknowledge the Principles of Service. I further affirm my willingness to fulfill my commitment to actively attend and participate and comply with the Virginia Financial Disclosure requirements, if applicable. Signature: Date: CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 40 Final Report- June 3, 2022 (revised 3/5/24) City of Virginia Beach Principles of Service These principles shall guide appointees to Boards and Commissions while acting in their official capacity: • To place the best interests of the City above all other interests. • To uphold all laws,regulations, and policies. • To take no action for personal benefit. • To make every effort to avoid a real or perceived conflict of interest. • To avoid disclosure of confidential information obtained in the performance of my duties or in my official capacity. • To exercise prudence and good judgment at all times. • To faithfully and impartially perform my duties, acting with integrity and accountability. • To treat other officials,staff, and the public with respect. • To ensure City resources are used solely for the benefit of the City, and City staff are not given unauthorized directives. • To participate in training and adhere to guidance provided for my role by the City. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 41 Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT G - ANNUAL REPORT TEMPLATE ANNUAL REPORT TEMPLATE City of Virginia Beach [Appointive Agency Name] 20 -20 Annual Report to City Council Chair: [Name] Date: [Date - due by August 31, unless otherwise specified] Executive Summary During the fiscal year covering the period of July 1, [YEAR] - June 30, [YEAR] the [Appointed Agency] volunteers and liaisons o met [number] times o [if applicable] held additional events and activities Our most significant accomplishments are detailed below, along with recommendations for your consideration. Mission Statement [insert the agency's mission statement here]. Accomplishment of Goals and Objectives Over the past fiscal year the agency, though its appointed volunteers and its liaisons, worked on the following key matters in furtherance of its mission: [include all assignments from Council and a summary of duties performed as required by law] I . Insert Topic #1 a. Insert data about the plan/project/program, its goal, and its relation to the mission b. If incomplete, explain the status and reasons c. Attach any reports or supplemental materials as an exhibit 2. Insert Topic #2 a. Insert data about the plan/project/program, its goal, and its relation to the mission b. If incomplete, explain the status and reasons c. Attach any reports or supplemental materials as an exhibit CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 42 Final Report- June 3, 2022 (revised 3/5/24) 3. Insert Topic #3 a. Insert data about the plan/project/program, its goal, and its relation to the mission b. If incomplete, explain the status and reasons c. Attach any reports or supplemental materials as an exhibit Membership and Attendance [Insert the standard membership roster here, including all who served during the Fiscal Year and all liaisons] [insert the standard attendance reports here for the two calendar years covering this reports Fiscal Year] [Insert volunteer hours report] Financial Report (if applicable) [insert the fiscal year financial report here] Goals and Objectives for the Coming Year [insert bullet points & relate to the Mission] Recommendations to City Council [insert bullet points listing specific actions your agency wants City Council to consider regarding your agency, its mission, its effectiveness, addressing its challenges, serving the public in a better manner, changes to laws or regulations, specific plans or projects, and opportunities for consolidation or sunsetting. Include a brief reason for each recommendation.] Additional Information (if desired) [Insert anything else your agency wishes City Council and the public to know.] Closing Should you have any questions or desire a formal City Council briefing from our agency, please contact [INSERT CHAIR and STAFF LIAISON CONTACT INFO]. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 43 Final Report - June 3, 2022 (revised 3/5/24) EXHIBIT H - BYLAWS TEMPLATE BY-LAWS INSERT APPOINTIVE AGENCY NAME ARTICLE I NAME The Name of the Organization shall be as established by Section of the City Code of the City of Virginia Beach. ARTICLE II PURPOSE INSERT PURPOSE ESTABLISHED BY CITY COUNCIL ARTICLE III OFFICERS INSERT INFORMATION ON OFFICERS OF ORGANIZATION AND THEIR DUTIES ARTICLE IV ELECTIONS INSERT INFORMATION ON NOMINATION AND ELECTION PROCESS FOR OFFICERS. ALSO INCLUDE INFORMATION ON TERMS OF OFFICE AND HOW VACANCIES ARE FILLED. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 44 Final Report- June 3, 2022 (revised 3/5/24) ARTICLE V QUORUM INSERT INFORMATION ON THE QUOROM REQUIREMENTS. ARTICLE VI AMENDMENT OF BY-LAWS INSERT INFORMATION ON THE AMENDMENT PROCESS. ARTICLE VII OPERATIONS AND AUTHORITY INSERT INFORMATION ON THE OPERATIONS FOR THE ORGANIZATION Adopted Approved by City Council CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 45 Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT I - MEETING MINUTES TEMPLATE MEETING MINUTES TEMPLATE The regular meeting of the Insert Name of Agency was held on Insert Date at Insert Time a./p.m., at the Insert Location of the Meeting. MEMBERS PRESENT: Insert Names MEMBERS ABSENT: Insert Names LIAISONS PRESENT: Insert Names & Titles CITY STAFF PRESENT: Insert Names & Titles COUNCIL and AGENCY LIAISONS PRESENT: Insert Names CALL TO ORDER Insert name and title called the meeting to order at Insert time. "MINUTES SHOULD BE PREPARED AND FOLLOW IN SAME ORDER AS THE AGENDA MOTION TO APPROVE THE MINUTES FROM INSERT DATE(S) MEETING A motion was made by Insert Member Name, seconded by Insert Member Name, to approve the minutes from the INSERT DATE(S) meeting. The motion passed Insert Vote count or "unanimously". *if vote was not unanimous list members grouped by how they voted Members Voting Aye: Insert Members Voting Aye Members Voting Nay: Insert Members Voting No Members Abstaining: Insert Members Abstaining A motion was made by Insert Member Name, seconded by Insert Member Name, to Insert Action of Motion. The motion passed Insert Vote count or "unanimously". *if vote was not unanimous list members grouped by how they voted Members Voting Aye: Insert Members Votinq Ave Members Voting Nay: Insert Members Votinq No Members Abstaining: Insert Members Abstaining CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 46 Final Report- June 3, 2022 (revised 3/5/24) CONTINUE MINUTES IN SAME ORDER AS THE AGENDA ADJOURNMENT There being no further business, the meeting was adjourned at Insert time. Insert Signature Insert Signature Type Name of who calls meeting to order Type Name of who prepares Minutes Title Title ATTACHMENTS Attach a copy of any presentations, policies or resolutions that were discussed or approved, and any disclosure or abstention letters submitted by a member (see below). ADDITIONAL INFORMATION TO BE INCLUDED IN THE MINUTES IN CERTAIN CIRCUMSTANCES ABSTENTIONS AND DISCLOSURES If a member abstained from a vote or made a disclosure about his or her interest in a matter that was the subject of a vote, the minutes should include information about the abstention or disclosure. If the member contacts the City Attorney's Office in advance or within 24 hours of the vote, the City Attorney's Office may prepare a disclosure or abstention letter for the member. If the member submits such a letter, the letter should be referenced in the minutes and included as an attachment. If instead the member orally discloses, for example, that she is abstaining because she has a financial interest in the business or land that is the subject of the vote, the minutes need to include the address of the company's primary business location or the address or GPIN of the land. REMOTE PARTICIPATION If the agency has adopted a remote participation policy that enables a member to participate in a meeting via video conferencing or conference call, and a member participates remotely pursuant to that adopted policy, the minutes must include all the information required by the policy, including but not limited to the location from which the member spoke and the reason for the remote participation. VIRTUAL MEETINGS Fully virtual meetings (without a quorum of the membership assembled in a meeting room open to the public) only are allowed by the Virginia Freedom of Information Act in limited circumstances. If the City Attorney's Office has advised that a meeting may be conducted virtually, ensure that the minutes contain all the information that is required by the law(s) that authorized the virtual meeting. Questions may be directed to the Public Policy Attorney or the attorney who advises the agency. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 47 O*Jk � 4k a 4v ' .��� 50 ITEM— VII.L.2 ORDINANCESIRESOL UTIONS ITEM#75343 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Resolution to AMEND Student Members re Flood Prevention Bond Referendum Oversight Board(Requested by City Council) Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION REGARDING STUDENT MEMBERS OF 2 THE FLOOD PREVENTION BOND REFERENDUM 3 OVERSIGHT BOARD 4 5 WHEREAS, on November 2. 2021, the citizens of Virginia Beach approved a 6 referendum regarding the issuance of bonds to fund the design and construction of flood 7 mitigation measures, with 72% voting to support the bond issuance; 8 9 WHEREAS, two weeks later, the City Council City Council established the seven- 10 member Flood Prevention Bond Referendum Oversight Board to provide citizen oversight 11 of the City's comprehensive flood mitigation program and the 21 projects listed in the 12 bond referendum question, and 13 14 WHEREAS, in January 2024, at the request of the Flood Prevention Bond 15 Referendum Oversight Board, the City Council adopted a resolution to add two high 16 school students to their membership, and the resolution specified that one student would 17 be a junior and one would be a senior, 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT. 21 22 The membership shall continue to include two high school students as nonvoting 23 members, but the requirement that one member be a senior and the other be a junior is 24 hereby repealed. A quorum of the membership shall continue to be determined based 25 solely on the number of voting members present (and thus will not include the student 26 members) Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 t h day of March 2024 APPROVED AS TO LEGAL SUFFICIENCY.- City Attorney's Office CA 16439 R-2 February 28, 2024 51 ITEM— VII.L.3 ORDINANCESIRESOL UTIONS ITEM#75344 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council DEFERRED TO MARCH 19, 2024, BY CONSENT, Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group(Requested by Mayor Dyer and Council Member Schulman) Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 52 ITEM— VII.L.4 ORDINANCESIRESOL UTIONS ITEM#75345 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT,Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Mutual Aid Agreement re Fire and Rescue Services among localities in Hampton Roads Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE A MUTUAL AID 3 AGREEMENT FOR FIRE AND RESCUE SERVICES 4 AMONG LOCALITIES IN HAMPTON ROADS, VIRGINIA 5 6 WHEREAS, Virginia law authorizes local governments to enter into reciprocal 7 agreements for mutual aid and for cooperation in the furnishing of fire and rescue 8 services; and 9 10 WHEREAS, it is deemed mutually beneficial to the Cities of Chesapeake, 11 Franklin, Hampton, Newport News, Norfolk, Po uoson, Portsmouth, Suffolk, Virginia 12 Beach, Williamsburg, and the Counties of Accomack, Gloucester, James City, Isle of 13 Wight, Southampton, Surry, and York to enter into a regional agreement concerning 14 mutual aid and cooperation with regard to fire and rescue services, increasing the ability 15 of the local governments to promote the safety and welfare of the entire area. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the Mutual Aid Agreement for fire and rescue services (the "Agreement") 21 is hereby approved. 22 23 2. That the City Manager is hereby authorized and directed to execute said 24 Agreement on behalf of the City of Virginia Beach in accordance with the 25 Summary of Terms attached hereto. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day of 28 March 2024. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Fire Department Risk�Management P APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: E rgency Medical Services City tto- mey's O is CA16435 R-2 February 16, 2024 AGREEMENT FOR MUTUAL AID FIRE AND RESCUE SERVICES Among Localities in Hampton Roads Virginia This Agreement is made and entered into this 18th day of March, 2024 by and among the cities of Chesapeake, Franklin, Hampton, Newport News,Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg and the counties of Gloucester, James City, Isle of Wight, Southampton, Surry, and York, all within the Hampton Roads region of the Commonwealth of Virginia (each, a "Fire Department" or "Party," and together,the"Fire Departments" or"Parties"). WHEREAS,the Parties hereto desire to secure to each other the benefits of mutual aid in situations involving fire and rescue services and emergency medical services; and WHEREAS,the parties hereto are authorized to enter into this agreement by§§27- 1 et seq., and §44-146.20 of the Code of Virginia, 1950, as amended. NOW,THEREFORE, it is mutually agreed as follows: a. Each Fire Department may request and receive assistance, including but not limited to,equipment and personnel("Aid"),from another Fire Department, at any point within the area for which the requesting Fire Department normally provides services. b. Each Fire Department may provide Aid to another Fire Department upon request. C. Any two or more Fire Departments may designate Automatic Aid Response Areas where Aid may be dispatched from a Fire Department without a specific request from another Fire Department. d. The rendering of Aid under the terms of this Agreement shall not be mandatory, but the Fire Department receiving the request for Aid should immediately inform the requesting Fire Department if Aid cannot be rendered. e. Any dispatch of Aid pursuant to this Agreement is subject to the following conditions: (1) Any request for Aid hereunder shall include a statement of the amount and type of equipment and personnel requested, and shall specify the location and assigned radio channel to which the 1 equipment and personnel are to be dispatched,however,the amount and type of equipment and number of personnel to be furnished shall be determined by the responding Fire Department. (2) The personnel of the responding Fire Department shall report to the officer in charge from the requesting Fire Department at the location to which the equipment is dispatched, and shall be subject to the orders of that officer in charge. However,the chain of command of the responding Fire Department shall exercise final decision- making authority for its own equipment and personnel. Personnel shall continue to be subject to the applicable rules of conduct, regulations, and policies of their own Fire Department while acting pursuant to this Agreement. (3) The personnel and equipment of the responding Fire Department shall be released by the requesting Fire Department when the Aid from the responding Fire Department is no longer required or when the responding Fire Department is needed within the area for which it normally provides services. (4) Aid shall be provided as determined at the time of need and/or as agreed to for certain Automatic Aid Response Areas. (5) Any equipment used by a requesting Fire Department will be returned to the responding Fire Department in substantially the same condition as it was received. The requesting Fire Department shall be responsible for damage to equipment while in its care, custody, or control. f. Each Party waives all claims against the other Parties for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. g. Each Party shall be responsible for the actions of its respective personnel and each shall at all times maintain insurance on its respective personnel and equipment. h. All equipment used by a responding Fire Department in carrying out this agreement will, at the time of action hereunder, be owned by it; and all personnel acting for a responding Fire Department under this Agreement 2 will, at the time of such action, be employees or volunteer members of the responding Fire Department. i. Actions taken and expenditures made pursuant to this Agreement shall be deemed conclusively to be for a public and governmental purpose and all of the immunities from liability enjoyed by a Party when acting through its fire fighters or emergency medical technicians for a public or governmental purpose within its territorial limits shall be enjoyed by it to the same extent when such Party is so acting, under this Agreement, beyond its territorial limits. j. The personnel of any Party to this Agreement, when acting hereunder, or under other lawful authority, beyond the territorial limits of their jurisdictions, shall have all the immunities from liability and exemptions from laws, ordinances and regulations, enjoyed by them while performing their respective duties. k. All compensation, retirement, disability, worker's compensation, life and health insurance, and other benefits to which said personnel are legally entitled shall extend to the services they perform under this Agreement. Each Party agrees that it shall be responsible for the provisions of all such benefits for its own personnel. 1. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual aid for fire and rescue and emergency medical services between and among the Parties. in. Any of the Parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that effect to the other Parties at the addresses shown on the signature pages of each Party. This Agreement shall be in effect from and after March 18, 2024 and shall remain in effect until superseded, amended, or rescinded in writing by one or more participating signatory Parties. However, it shall remain in effect for all remaining signatory Parties unless or until it is terminated in writing by the parties. 3 CITY OF CHESAPEAKE By: City Manager ATTEST: Address for Notice: City Clerk Chesapeake City Manager 306 Cedar Road Chesapeake,Virginia 23322 Contents Approved: Fire Chief Chesapeake Fire Department Form&Correctness Approved: City Attorney 4 CITY OF FRANKLIN By: City Manager ATTEST: Address for Notice: City Clerk Franklin City Manager 207 W. 2°d Avenue Franklin, Virginia 23851 Contents Approved: Fire Chief Franklin Fire&Rescue Form&Correctness Approved: City Attorney 5 CITY OF HAMPTON By: City Manager ATTEST: Address for Notice: City Clerk Hampton City Manager 8'�'Floor, City Hall 22 Lincoln Street Contents Approved: Hampton,Virginia 23669 Fire Chief Hampton Fire&Rescue Form&Correctness Approved: City Attorney 6 CITY OF NEWPORT NEWS By: City Manager ATTEST: Address for Notice: City Clerk Newport News City Manager 2400 Washington Avenue Newport News, Virginia 23607 Contents Approved: Fire Chief Newport News Fire Department Form&Correctness Approved: City Attorney 7 CITY OF NORFOLK By: City Manager ATTEST: Address for Notice: City Clerk Norfolk City Manager 810 Union Street, Suite 1101 Norfolk,Virginia 23510 Contents Approved: Interim Fire Chief Norfolk Fire &Rescue Form&Correctness Approved: City Attorney 8 CITY OF POQUOSON By: City Manager ATTEST: Address for Notice: City Clerk Poquoson City Manager 500 City Hall Avenue Poquoson,Virginia 23662 Contents Approved: Fire Chief Poquoson Fire&Rescue Form&Correctness Approved: City Attorney 9 CITY OF PORTSMOUTH By: City Manager ATTEST: Address for Notice: City Clerk Portsmouth City Manager 801 Crawford Street Portsmouth,Virginia 23704 Contents Approved: Fire Chief Portsmouth Fire, Rescue & Emergency Services Form&Correctness Approved: City Attorney 10 CITY OF SUFFOLK By: City Manager ATTEST: Address for Notice: City Clerk Suffolk City Manager 442 W. Washington Street Suffolk,Virginia 23434 Contents Approved: Fire Chief Suffolk Fire &Rescue Form&Correctness Approved: City Attorney 11 CITY OF VIRGINIA BEACH By: City Manager ATTEST: Address for Notice: City Clerk Virginia Beach City Manager 2401 Courthouse Drive, Building 1 Virginia Beach,Virginia 23456 Contents Approved: Fire Chief Virginia Beach Fire Department Form&Correctness Approved: City Attorney 12 CITY OF WILLIAMSBURG By: City Manager ATTEST: Address for Notice: City Clerk Williamsburg City Manager 401 Lafayette Street Williamsburg, Virginia 23185 Contents Approved: Fire Chief Williamsburg Fire Department Form&Correctness Approved: City Attorney 13 GLOUCESTER COUNTY By: County Administrator ATTEST: Address for Notice: County Clerk Gloucester County Administrator 6489 Main Street, Building 2 Gloucester,Virginia 23061 Contents Approved: Emergency Management Coordinator Gloucester County Emergency Management Form&Correctness Approved: County Attorney 14 JAMES CITY COUNTY By: County Administrator ATTEST: Address for Notice: County Clerk James City County Administrator 101 Mounts Bay Road, Building D Williamsburg,Virginia 23185 Contents Approved: Fire Chief James City County Fire Department Form&Correctness Approved: County Attorney 15 ISLE OF WIGHT COUNTY By: County Administrator ATTEST: Address for Notice: County Clerk Isle of Wight County Administrator 17090 Monument Circle,#138 Isle of Wight,Virginia 23397 Contents Approved: Chief Isle of Wight Fire & Rescue Form&Correctness Approved: County Attorney 16 SOUTHAMPTON COUNTY By: County Administrator ATTEST: Address for Notice: County Clerk Southampton County Administrator 26022 Administration Center Drive Courtland,Virginia 23837 Contents Approved: President Southampton County Fire &Rescue Association Form&Correctness Approved: County Attorney 17 SURRY COUNTY By: County Administrator ATTEST: Address for Notice: County Clerk Surry County Administrator 45 School Street Surry, Virginia 23883 Contents Approved: Chief of Emergency Management Surry County Form&Correctness Approved: County Attorney 18 YORK COUNTY By: County Administrator ATTEST: Address for Notice: County Clerk York County Administrator 224 Ballard Street York, Virginia 23690 Contents Approved: Fire Chief York County Fire & Life Safety Form&Correctness Approved: County Attorney 19 SUMMARY OF TERMS 1. Event — an incident requiring Fire or EMS responses that exceeds the equipment and/or personnel resources of the member's Fire and Rescue/EMS Departments. 2. Mutual Aid Agreement — An agreement between sixteen localities to provide emergency services in the event an incident occurs that requires resources beyond those of the requesting locality's Fire and Rescue/EMS departments. 3. Nature — Outlines the procedures for the City of Virginia Beach to provide and receive Fire and Rescue/EMS manpower and equipment, if available, in an effort to effectively respond to emergency incidents. 4. Term—This Agreement is effective upon execution and may be terminated without cause upon thirty (30) days written notice to all other parties. This Agreement mirrors and will rescind the 2011 Agreement upon execution. 5. Insurance—Insurance requirements are met through the City of Virginia Beach's self-insurance program administered by Risk Management. 53 ITEM— VHL.S ORDINANCESIRESOL UTIONS ITEM#75346 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE 9,833f square feet of City-owned property at Ferry Point Road to be in Excess of the City's Needs and AUTHORIZE the City Manager to convey to Meader Properties, LLC DISTRICT 7 Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 1 AN ORDINANCE TO DECLARE 9,833± SQ. 2 FT. OF CITY-OWNED PROPERTY 3 LOCATED AT FERRY POINT ROAD TO BE 4 IN EXCESS OF THE CITY'S NEEDS AND 5 AUTHORZING THE CITY MANAGER TO 6 CONVEY TO MEADER PROPERTIES, LLC 7 8 WHEREAS, the City of Virginia Beach (the"City") is the owner of two parcels 9 of land located at the intersection of Ferry Point Road and Indian River Road, commonly 10 known as GPINs: 1465-19-4298 & 1465-19-4242 (the "Properties"), and more particularly 11 described on Exhibit A, attached hereto and made a part hereof; 12 13 WHEREAS, the Properties are residual parcels from larger parcels acquired 14 by condemnation for the Indian River Road — Phase V Project, CIP 2-080 (the "Project"), 15 which was a Virginia Department of Transportation (VDOT) funded project; 16 17 WHEREAS, Meader Properties, LLC, a Virginia limited liability company(the 18 "Applicant"), owns the parcel of land located at 5505 Indian River Road (GPIN: 1465-19- 19 4354), which is adjacent to the Properties; 20 21 WHEREAS, the Project is complete and the Applicant has requested to 22 purchase the Properties in order to resubdivide them into its adjacent property in 23 accordance with the terms and conditions set forth in the Summary of Terms, attached 24 hereto as Exhibit B and made a part hereof; and 25 26 WHEREAS, the City Council is of the opinion that the Properties are in excess 27 of the needs of the City. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the Properties are hereby declared to be in excess of the needs of the 33 City of Virginia Beach and that the City Manager is hereby authorized to execute any 34 documents necessary to convey the Properties to Applicant in accordance with the 35 Summary of Terms, attached hereto as Exhibit B, and such other terms, conditions or 36 modifications as may be acceptable to the City Manager and in a form deemed satisfactory 37 by the City Attorney. 38 39 This Ordinance shall be effective from the date of its adoption. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th 42 day of March , 2024. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL CA16262 R-1 Prepared: 2/7/24 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: t P BLIC WO S/REAL ESTATE O EY APPROVED AS TO CONTENT: Y�IKA-A dget & anagement Services EXHIBIT A LEGAL DESCRIPTION FERRY POINT ROAD; GPIN: 1465-19-4298: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, and being more particularly bounded as follows. BEGINNING at a point on the southern right-of-way line of Indian River Road and the common corner between the parcel of land designated and described as "GPIN: 1465-19-4354 PROFESSIONAL CENTER ASSOCIATES (D.B. 2376, PG. 1332)" and the parcel of land designated and described as "009 GPIN: 1465-19-5236 INDIAN RIVER ROAD ASSOCIATES (D.B. 1874, PG 371) (D.B. 2776, PG. 458)" on that certain plat entitled "PLAT OF PROPERTY BEING ACQUIRED FROM INDIAN RIVER ASSOCIATES PARCEL 009, BY THE CITY OF VIRGINIA BEACH FOR C.I.P. 2-080 INDIAN RIVER ROAD - PHASE W, DATED January 22, 1991, prepared by Engineering Services Inc., and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 218, Page 91; thence leaving said POINT OF BEGINNING and running with said southern right-of-way line S. 59' 55' 45" E. a distance of 4.87' to a point at the intersection of the western right-of-way of Ferry Point Road and the said southern right-of-way of Indian River Road; thence leaving Indian River Road and running along the western right-of-way of Ferry Point Road, S. 18' 11' 23" E. a distance of 52.50' to a point; thence continuing with said Ferry Point Road along a curve to the right having a radius of 1403.90' an arc length of 66.1 V and a delta angle of 020 41' 54" to a point; thence continuing along the said right-of-way of Ferry Point Road, S. 290 58' 42" W. a distance of 95.34'to a point; thence leaving the western right-of-way of Ferry Point Road and running N. 600 04' 54" W. a distance of 44.50' to a point; thence running N. 290 40' 32" E. a distance of 196.50' to the POINT OF BEGINNING, containing 8,071 Sq. Ft. or 0.18529 Acres. LESS AND EXCEPT AND RESERVING UNTO THE CITY a 10' public drainage easement along the entire eastern boundary of the property abutting Ferry Point Road. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property acquired by the City of Virginia Beach from Indian River Road Associates, a Virginia general partnership, by Certificate of Take, dated January 22, 1992, recorded in the aforesaid Clerk's Office in Deed Book 3070, at page 1379, and confirmed by that Order Confirming Commissioner's Report entered on November 1, 1993 and recorded in the aforesaid Clerk's Office in Deed Book 3295, at page 1053. FERRY POINT ROAD; GPIN: 1465-19-4242 ALL THAT certain lot, piece or parcel of land, being known, designated and described as "PARCEL 009A-1 NOT A BUILDALBE SITE CITY OF VIRGINIA BEACH 1465-19-4242" and further described as "009A-1 2,949 SQ. FT. 0.068 ACRES," as shown on that certain plat entitled "RESUBDIVISION OF PARCEL A-2 (INST. NO. 200310150167649), PART OF PARCEL 009A (M.B. 218 PG. 92) & PART OF PARCEL 011 (M.B. 218, PG. 85) VIRGINIA BEACH, VIRGINIA", Scale: 1" = 20', dated May 25, , 2010, prepared by Ward M. Holmes, Land Surveyor, P.C. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20100611000575200. LESS AND EXCEPT AND RESERVING UNTO THE CITY a 10' public drainage easement along the entire eastern boundary of the Property abutting Ferry Point Road. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property acquired by the City of Virginia Beach from Indian River Road Associates, a Virginia general partnership, by Certificate dated January 22, 1992, recorded in the aforesaid Clerk's Office in Deed Book 3070, at page 1379, and confirmed by Order Confirming Commissioners' Report entered on November 1 , 1993 and recorded in the aforesaid Clerk's Office in Deed Book 3295, at page 1053. EXHIBIT B SUMMARY OF TERMS SELLER: City of Virginia Beach ("City") BUYER: Meader Properties, LLC CITY PROPERTIES TO BE CONVEYED: 9,833± Sq. Ft. (0.225 acre) of City property located on Ferry Point Road (GPIN: 1465-19-4298 & 1465-19-4242), more particularly described on Exhibit A SALE PRICE: $20,000.00 CONDITIONS OF SALE: • The Properties are conveyed "AS IS, WHERE IS," by Special Warranty Deed, subject to all existing easements and restrictions of record. • Buyer shall adhere to all zoning ordinances and City Code requirements to develop the Properties. • City will reserve a 10-foot public drainage easement along Ferry Point Road. • Buyer shall resubdivide the Properties into the adjacent property located at 5505 Indian River Road and vacate interior lot lines. • Buyer shall be responsible for its own closing costs, recording fees, and attorney's fees. • The City has the right to terminate the sale if closing has not occurred on or before December 31, 2027. 54 ITEM— VILL.6 ORDINANCESIRESOL UTIONS ITEM#75347 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into the City-owned drainage, Maintenance and variable width impoundment easement at the rear of 5945 Glen View Drive re maintain existing fence and construct and maintain rip rap revetment DISTRICT 7 Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 CITY-OWNED DRAINAGE, MAINTENANCE 6 AND VARIABLE WIDTH EASEMENT, 7 LOCATED AT THE REAR OF 5945 GLEN 8 VIEW DRIVE 9 10 11 WHEREAS, Laarni Hinze requests permission to maintain 225 LF of a 6' tall 12 vinyl privacy fence and to construct and maintain 167 LF of a riprap revetment(collectively, 13 the "Temporary Encroachment") into City-owned easements known as a 10' and a 20' 14 drainage easement, a 15' maintenance easement and a variable width easement, located 15 at the rear of Glen View Drive (GPIN: 1454-86-6968); and 16 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's easements subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA- 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Laarni Hinze, her heirs, assigns 27 and successors in title are authorized to construct and maintain the Temporary 28 Encroachment within the City's easements as shown on the map entitled: "EXHIBIT `A' — 29 ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING 30 PLYWOOD RETAINING WALL AND FILL AND PROPOSED RIP RAP REVETMENT FOR: 31 LAARNI HINZE, 5945 GLEN VIEW DRIVE LOT 999, SECTION 5B, ALEXANDRIA, M.B. 32 211 , PG 79 & 80," Scale: 1" = 30', dated July 28, 2023, prepared by Stone Green 33 Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and on file in the 34 Department of Public Works and to which reference is made for a more particular 35 description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 38 subject to those terms, conditions and criteria contained in the agreement between the City 39 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 40 been presented to the Council in its agenda and will be recorded among the records of the 41 Clerk's Office of the Circuit Court of the City of Virginia Beach. 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Laarni Hinze and the City Manager or his authorized designee execute the 46 Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th 48 day of March 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 1 UB IC WO S / REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY CA16249 R-2 Prepared: January 11, 2024 c:\users\anegronrodriguez\appdata\local\microsoft\windows\inetcache\content.outlook\mtigeki0\ord revised.doc vf'�� HINZE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUTTHE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE W E COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S R RADI -� ARIN A AN E M.B.211 PG.80 Cl 200.00 92.70 185.33 N 82 0144'W 55 12 17" OF LOT 985 NOW OR FORMERLY \ SILVIA BASS O y \\ GPIN: 1454-87-7048 INST#20150224000154570 SEAN E. GREEN \ \\ M.B.207 P.74&75 SIC. N0. 0402064 VARIABLE WIDTH IMPOUNDMENT EASEMENT(M.B.211,PG.80) G•�F 12 1 3 �i / LAKE \ SO,�Q \ 20'DRAINAGE EASEMENT APPROXIMATE PREVIOUS EDGE OF `SS/� AL E� / \ (M.B.211,PG.80) WATER SCALED FROM GOOGLE / N 35°34'16"E \ \F \ EARTH 2O21 AERIAL IMAGE \ / / 101.60' \ \ AREA OF FILL TO BE REMOVED TO m ACHIEVE ORIGINAL 12'CONTOUR\ / OHW @ PLYWOOD Z (APPROXIMATELY 2,500 SF) / RETAINING WALL \ \ O `0 z EXISTING PLYWOOD RETAINING \ ' LOT 1000 / 00 Z R'+:E WALL TO BE REMOVED \ \ w- 3 0 r- NOW OR FORMERLY / / \ \ DEOING ZHU&YI CHEN / \ n�- 1 , Z-n 0 GPIN: 1454-87-5092 / / 1 \ \ -D OD P n O 10 INST#202303026052 / / J+ o°D n m M.B.211 P.80 / \ �O PLYWOOD RETAINING \ \ °P Oa aj 10'DRAINAGE / / WALL TO BE REMOVED \ m EASEMENT / / \ \ O (M.B.211,PG.80) / / / EXISTING PLYWOOD / woo RETAINING WALL \ EX.VINYL FENCE / °e /l TO BE REMOVED \ / / LOT 999 18"FLARED \ / NOW OR FORMERLY DRAIN PIPE \ LAARNI HINZE /••' / GPIN: 1454-86-6968 / \ i INST#20200423000352970 / / M.B.211 P.79&80 / 15'MAINTENANCE / •• EASEMENT / EX.VINYL FENCE (M.B.211,PG.80) GAF l \ .SO, NI/1F PIN(F) eQI� O,QiVF l/j/gy�50'TO INTERSECTION &0 WITH WYNDHAM COURT EXISTING CONDITIONS 0 30 60 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL SCALE: 1"=30' AND FILL AND PROPOSED RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: LAARNI HINZE STONE GREEN CONSULTING,LLC 5945 GLEN VIEW DRIVE 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOT 999, SECTION 513,ALEXANDRIA, M.B. 211, PG. 79&80 (330)883-2117 1ULY 28, 2023 PAGE 1 OF 3 02023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED vc✓ ✓ HINZE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF ATITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE W E COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 7PA� 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. SI CURVE I RADIUS ARC LENGTH A ANGLE M.B.211 PG.80 1 Cl I 200 2.70' 1 185.33 N 82°0144'W 55 12 17 �4t p L T H pF` LOT 985 NOW OR FORMERLY SILVIA BASS Z \\ GPIN: 1454-87-7048 SEAN E. GREEN �. \ \ INST#20150224000154570 M.B.207 P.74&75 LIC. N0. 04020640 \ VARIABLE WIDTH IMPOUNDMENT y / \ 6S 9e \ EASEMENT(M.B.211,PG.80) 12�. APPROXIMATE PREVIOUS EDGE OG�Fss O 14� E-�G\` // LAKE\\\?`r0�gyp\\ (M.B.zAINAGE i 1PG gp EASEMENT WATER SCALED FROM GOOGLE / N 35"34'16"E \ \F \ EARTH 2O21 AERIAL IMAGE .v / /1 101.60' \\ \ 2 OHW @ PLYWOOD \ \ m RETAINING WALL \ O O LOT 1000 / / �•� \ 0°Z 9" NOW OR FORMERLY \ / \ \ \ \ wo a, 0 m O DEOING ZHU&YI CHEN / LOT 999 \ ry�Z-n � GPIN: 1454-87-5092 / / NOW OR FORMERLY \ v cc)n O.0 INST#202303026052 / / LAARNI HINZE v, \ a 3 0' M.B.211 P.80 , '\ / GPIN: 1454-86-6968 a Zo ln 0 a / INST#20200423000352970 \ ON 10'DRAINAGE q� M.B.211 P.79&80 \ �O \ m EASEMENT / / / / \ s \ 0 (M.B.211,PG.80) EX.VINYL FENCE 18"FLARED DRAIN PIPE \ / *255 LF OF 6'TALL VINYL PRIVACY FENCE \ 15'MAINTENANCE EASEMENT EX.VINYL FENCE (M.B.211,PG.80) G<<cN � l / IS SO,R/ V/ �i 0 Qo IN(F) tiieGy'F'I DR, Cl 32, �I1 P FGJiq y 50'TO INTERSECTION &0 WITH WYNDHAM COURT EXISTING FENCE EXHIBIT 0 30 60 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL SCALE:1"=30' AND FILL AND PROPOSED RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: LAARNI HINZE STONE GREEN CONSULTING,LLC 5945 GLEN VIEW DRIVE 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOT 999,SECTION 56,ALEXANDRIA, M.B. 211, PG. 79&80 (330)883-2117 1ULY 28, 2023 PAGE 20F 3 02023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED ✓c� HINZE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF ATITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE W E COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. SI CURVE I RADIUS H N TH H BEARING M.B.21 1 P C1 200.00 192.70' 1 185.33' 1 N 82°01'44"W 55°12'17" * 169 LF OF QUARRY STONE RIP RAP REVETMENT TOTAL �' L H OF WOOD DECK DOES NOT ENCROACH ON ANY EASEMENTS NOW LOT 98S OR FORMERLY O NO NEW FILL WILL BE ADDED SILVIA BASS GPIN: 1454-87-7048 INST#20150224000154570 c SEAN E. GREEN >' /�` \ \\ M.B.207 P.74&75 SIC. N0. 0402064005 VARIABLE WIDTH IMPOUNDMENT '�"� \ EASEMENT(M.B.211,PG.80) r 2 14-23 \� / / LAKE\\ �`r0•�A \\ 20'DRAINAGE EASEMENT APPR I E OF / / \ Q, (M.B.211,PG.80) WATE OOGLE / / N 35°34'161 \ \F' \ EARTH 2O21 AERIAL IMAGE / // 101.60' \\ \ m EXISTING PLYWOOD RETAINING 2 O LOT 1000 /yh 00 Z 12":E WALL TO BE REMOVED \ \ NOW OR FORMERLY / ) � N0 0 DEOING ZHU&YI CHEN / LOT 999 \ r„ n Z T 0 GPIN: 1454-87-5092 / /o� NOW OR FORMERLY \ v rn- .o INST#202303026052 / / y� v+ LAARNI HINZE \ o& 3 °' rri M.B.211 P.80 / / / GPIN: 1454 86 6968 a �� 10 tn 0 / INST#20200423000352970 \ ° -c 10'DRAINAGE M.B.211 P.79&80 \ �o \ m EASEMENT / / 0'S� / \ s \ �� O (M.B.211,PG.80) / / EXISTING PLYWOOD \� EX.VINYL FENCE RETAINING WALL \ TO BE REMOVED \ / 18"FLARED \ DRAIN PIPE \ (F) 46' 15'MAINTENANCE EASEMENT EX.VINYL FENCE (M.B.211,PG.80) \ SO, NV�F\ /\ I; N(F) 'Q�c O / c1 .ye l.0F RIke III,oG Gj" 50'TO INTERSECTION 8p �WITH WYNDHAM COURT PROPOSED IMPROVEMENTS 0 30 60 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL SCALE: 1"=30' AND FILL AND PROPOSED RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: LAARNI HINZE STONE GREEN CONSULTING,LLC 5945 GLEN VIEW DRIVE 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOT 999, SECTION 56,ALEXANDRIA, M.B. 211, PG. 79&80 (330)883-2117 JULY 28, 2023 PAGE 30F 3 ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this IQ day of 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LAARNI HINZE, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "999", as shown on that certain plat entitled: "SUBDIVISION OF ALEXANDRIA SECTION FIVE-B KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA," SCALE: 1"= 60', dated August,1990, prepared by Basgier and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 211, at page 79, 80 and 81 respectively, and being further designated, known, and described as 5945 Glen View Drive, Virginia Beach, Virginia 23464; WHEREAS, it is proposed by the Grantee to maintain an existing 225 LF of a 6' tall vinyl privacy fence, and to construct and maintain167 LF of rip rap revetment, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned easements known as a 10' and a 20' drainage easement, a 15' maintenance easement, and a variable width impoundment easement, collectively, the "Encroachment Area"; and GPIN: NO GPINS ASSIGNED (CITY-OWNED DRAINAGE, MAINTENANCE AND VARIABLE WIDTH EASEMENTS) 1454-86-6968 (5945GLEN VIEW DRIVE) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL AND FILL AND PROPOSED RIP RAP REVETMENT FOR: LAARNI HINZE 5945 GLEN VIEW DRIVE LOT 999, SECTION 5B, ALEXANDRIA, M.B. 211, PG. 79 & 80," Scale: 1" = 30', dated JULY 28, 2023, prepared by Stone Green Consulting, LLC., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the existing City-owned 24' storm drain outfall at the east end of the property must remain undisturbed during construction, maintenance, and duration of the revetment. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents, and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, LAARNI HINZE, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 Laar ' inze OF Vig.c,lA%A LC�OUNTY OF VlR41NtP• t5Cor�, to-wit: The foregoing instrument was acknowledged before me this day of r043mwAy_`( , 2024, by Laarni Hinze, owner. (SEAL) Notary ublic My Notary Registration Number: 1'7-7&1-7& BRIANNotaryPAblicRSONS My Commission Expires: -,4,0 JtAtJE W2& Commonwealth of Virginia Registration No.7776176 My Commission Expires Jun 30,2026 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BL IC WORkS - REAL ESTATE DANA HARMEYER SENIOR CITY ATTORNEY 7 vat" HINZE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE W E COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S LENGTH M.B.21 1 PG.80 C1 200.00 92.70 185.33 N 82 0144 IN 55 12 17' T H p f. \ LOT 985 \ NOW OR FORMERLY SILVIA BASS y \\ GPIN: 1454-87-7048 INST#20150224000154570 SEAN E. GREEN \ \\ M.B.207 P.74&75 LIC. N0. 0402 64 VARIABLE WIDTH IMPOUNDMENT A / \\ 6� Q90 \\EASEMENT(M.B.211,PG.80) 3 / LAKE 20'DRAINAGE EASEMENT APPROXIMATE PREVIOUS EDGE OF F`sS/� AL E� (M.B.211,PG.80) WATER SCALED FROM GOOGLE / N 35°34'16"E \ \F \ EARTH 2O21 AERIAL IMAGE \ / / 101.60' \ \ AREA OF FILL TO BE REMOVED TO m ACHIEVE ORIGINAL 12'CONTOUR\ / OHW @ PLYWOOD \ \ Z (APPROXIMATELY 2,500 SF) RETAINING WALL Z / EXISTING PLYWOOD RETAIN)NG \ v` O LOT 1000 / 0°Z!r+� \ WALL TO BE REMOVED \ \ K O r NOW OR FORMERLY / / DEOING ZHU&YI CHEN / \ \ ,;,"'O-n 01 GPIN: 1454-87-5092 / / > \ \ A 10 INST#202303026052 N°o n m m M.B.21 1 P.80 / / \ a \ �0 O a PLYWOOD RETAINING \ o \ 10'DRAINAGE / / WALL TO BE REMOVED \ "'� \ o EASEMENT (M.B.211,PG.80) / / / EXISTING PLYWOOD EX.VINYL FENCE / F°oo RETAINING WALL / cK TO BE REMOVED / LOT 999 18'FLARED \ / / NOW OR FORMERLY DRAIN PIPE \ LAARNI HINZE / \ / GPIN: 1454-86-6968 INST#20200423000352970 / M.B.211 P.79&80 15'MAINTENANCE EASEMENT / (M.B.211,PG.80) G< / I� EX.VINYL FENCE S \ �/F \ PIN(F) B�Gy�o r_Iz c1 I PG 80 �yf WITH W NDH M COURT EXISTING CONDITIONS 0 30 60 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL SCALE:1"=30' AND FILL AND PROPOSED RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: LAARNI HINZE STONE GREEN CONSULTING,LLC 5945 GLEN VIEW DRIVE 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOT 999,SECTION 5B, ALEXANDRIA, M.B. 211, PG. 79 8,80 (330)883-2117 JULY 28, 2023 PAGE 10F 3 Q2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED vd ✓ HINZE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. A�L3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE W E COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 7�c 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. SI CURVE RADIUSH M.B.211 PG.80 Cl 200 2.70 185.33 N 82-0144 W 155 12 17 �4"tptTH OF O ` \ LOT 985 NOW OR FORMERLY i \ SILVIA BASS O ? \ GPIN: 145"7-7048 SEAN E. GREEN INST#20150224000154570 \ M.B.207 P.74&75 VC. N0. 04020640 VARIABLE WIDTH IMPOUNDMENT •� / \ \66 EASEMENT(M.B.211,PG.80) Q° \ 12-14 3 \ / LAKE 20'DRAINAGE EASEMENT APPROXIMATE PREVIOUS EDGE O SS�O t E-NG / N 35°34'16"E \ F (M.B.211,PG.80) WATER SCALED FROM GOOGLE \ \ EARTH 2O21 AERIAL IMAGE IV / / 101.60' \ \ \ C• / / OHW @ PLYWOOD \ Z RETAINING WALL \ \ Z LOT 1000 / / �.� \ \\ z 9,1E NOW OR FORMERLY / \ \ 0 w— r DEOING ZHU&YI CHEN / LOT 999 \ 'O p a O GPIN: 1454-87-5092 / / NOW OR FORMERLY \ n�n O 10 INST#202303026052 / / LAARNI HINZE ry Y 3 OD M.B.211 P.80 / / / GPIN: 1454-86-6968 a \ 0 rn a / INST#20200423000352970 10'DRAINAGE / ��/ / M.B.211 P.79&80 EASEMENT / / / \ v` a (M.B.211,PG.80) / / / / \ \ O EX.VINYL FENCE A FC"to l \ \ 18'FLARED \ $0, // / / / \ DRAINPIPE \ I (F) ab / *255 LF OF 6'TALL VINYL ^' \ 15'MAINTENANCE PRIVACY FENCE EASEMENT SSA . (M.B.211,PG.80) Glely VINYL FENCE / / 1S EX S�R/ `/F� l 01 32 IN(F) McCiyrO �iQ//i cl III,oGFIV, F 50'TOINTERSECTION 8O / WITH WYNDHAM COURT EXISTING FENCE EXHIBIT 0 30 60 EXHIBIT A'-ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL SCALE:1"=30' AND FILL AND PROPOSED RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: LAARNI HINZE STONE GREEN CONSULTING,LLC 5945 GLEN VIEW DRIVE 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOT 999,SECTION 5B,ALEXANDRIA, M.B. 211, PG. 79 &80 (330)883-2117 1ULY 28, 2023 PAGE 20F 3 ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED ✓f ( ✓ HINZE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. A�L' 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE W E COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS S REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. E M.B.211 P Cl 1 200.00 192.70 185.33 N 82 0144 W 55 12 17 169 LF OF QUARRY STONE RIP RAP REVETIVIENT TOTAL aL T H p�.` *WOOD DECK DOES NOT ENCROACH ON ANY EASEMENTS LOT 985 NO NEW FILL WILL BE ADDED NOW OR FORMERLY sILVIA Bass y \ GPIN: 1454-87-7048 INST#20150224000154570 SEAN E. GREEN D /�` \\ M.B.207 P.74&75 LIC. N0. 0402064005 VARIABLE WIDTH IMPOUNDMENT EASEMENT(M.B.211,PG.80) 12 4-23 \� / / LAKE\\ �`r0���' \\ 20'DRAINAGE EASEMENT APPR F I E OF (M.B.211,PG.80) WATE OOGLE / / N 35°34'16"E \ \F \ EARTH 20 1 AERIAL IMAGE / // 101.60' \\ \ m a L <Z \ EXISTING PLYWOOD RETAINING 0 LOT 1000 /'tih , WALL TO BE REMOVED \ W 3 O NOW OR FORMERLY / \ W— r- DEOING ZHU&YI CHEN // LOT 999 \ \ K2 114 O A 0 GPIN: 1454-87-5092 / /�i NOW OR FORMERLY \ n bo n 0 ,0 INST#202303026052 / / �00. _ LAARNI HINZE \ o D � "co 0 M.B.211 P.80 / GPIN: 1454-86-6968 n rn INST#20200423000352970 p `flo \ '0 P '- 10'DRAINAGE / / M.B.211 P.79&80 \ \ rn EASEMENT / / 0'S' / \ \ O (M.B.211,PG.80) / / EXISTING PLYWOOD EX.VINYL FENCE RETAINING WALL \ �� TO BE REMOVED 18'FLARED \ DRAIN PIPE \ a, I (F) / / 46' Q\ 1 o 15'MAINTENANCE EASEMENT EX.VINYL FENCE o (M.S.211,PG.80) G<<CN \ `so, `/�C l� �,N(F) ,Q zGy Cl tiie T_� Rig, 50'TO INTERSECTION e 8O WITH WYNDHAM COURT PROPOSED IMPROVEMENTS 0 30 610 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL SCALE: 1"=30' AND FILL AND PROPOSED RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: LAARNI HINZE STONE GREEN CONSULTING,LLC 5945 GLEN VIEW DRIVE 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOT 999,SECTION 5B,ALEXANDRIA, M.B. 211, PG. 79&80 (330)883-2117 1ULY 28, 2023 PAGE 30F 3 ©2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED ss ITEM— VII.L.7 ORDINANCESIRESOL UTIONS ITEM#75348 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into the City-owned property known as Starboard Canal and Island Lake at the rear of 2428 Windward Shore Drive re construct and maintain a revetment encroaching variable distances, a timber pier, floating dock with aluminum gangway and a covered boat lift DISTRICT 8 Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March S, 2024 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS STARBOARD 7 CANAL AND ISLAND LAKE, LOCATED 8 AT THE REAR OF 2428 WINDWARD 9 SHORE DRIVE 10 11 WHEREAS, Niklas Oskarsson and Annemijn Van Der Bijl (the "Applicants") 12 request permission to construct and maintain a 4.5' wide quarry stone sill, a 7.5' and a 13 201.17' revetment, a 10' x 24' timber pier, a 10' x 16' timber floating dock with a 3' x 15' 14 aluminum gangway, a 14' x 26' covered timber boat lift, and a 2,581 square foot planted 15 marsh (collectively, the "Temporary Encroachment"), into City-owned property known as 16 Starboard Canal and Island Lake, located at the rear of 2428 Windward Shore Drive(GPIN: 17 1499-88-7535); and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 City-owned property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Niklas Oskarsson and Annemijn 28 Van Der Bijl, their heirs, assigns and successors in title are authorized to construct and 29 maintain the Temporary Encroachment into City-owned property known as Starboard Canal 30 and Island Lake, as shown on the map entitled: "Exhibit`A' ENCROACHMENT REQUEST 31 FOR QUARRY STONE SILL, REVETMENT OR RIP RAP, PIER, FLOATING DOCK, 32 GANGWAY, AND COVERED BOAT LIFT FOR NIKLAS OSKARSSON AND ANNEMIJN 33 VAN DER BIJL LOT 36, SECTION 1, BAY ISLAND, M.B.45 PG. 37 GPIN: 1499-88-7535," 34 Scale: 1" = 40', dated January 4, 2024, prepared by Gaddy Engineering Services, LLC, a 35 copy of which is attached hereto as Exhibit "A" and on file in the Department of Public 36 Works and to which reference is made for a more particular description; 37 38 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 39 subject to those terms, conditions and criteria contained in the agreement between the City 40 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 41 been presented to the Council in its agenda, and will be recorded among the records of the 42 Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 1 46 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Applicant's and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 th 52 day of March 2024. 53 54 CA16070 R-1 Prepared: 2/5124 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: �,u j--- )4 JUBUC WO KS, REAL ESTATE DA-1140. AARMEYER SENIOR CITY ATTORNEY 2 NOTES: 1. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY 2. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY 3. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES ISLAND LAKE (IU B. 45 PG 37) PROPOSED 10'X 16' FLOOD PROPOSED 14'X 26' COVERED TIMBER FLOATING DOCK WITH EBB 26' TIMBER BOAT LIFT �pj,TH 3'X 15'ALUMINUM GANGWAY �� r 24' 16' w15' � o " 0 19, co°D 19.5' _ MICHAEL S. ADD z_ N85°37'11"E 118.39' J 0? f12 Ov Lic. No. 040754 0 01-04-2024 Z - \ EX. BULKHEAD V PROPOSED 7.5' �;'� �, SS/ONAL W REVETMENT - mQp � \ Z Z M (885 S.F.), PROP-OS-r=D 10'X 24' \ O O TIMBER PJER, Q Q Z p a PROPOS(=QQU RY N O o h p STONE SILL,4.5WIDE �, r'o p� Z o O 2 Zz (910S. .� moo. � p `V �, �UtiZ o � PR �SEQ` VETMENT PATH` `9= O W 2 j V AB JURIS ICTIONAL WETLANDS v o 04 - 4.5' DE (910 .F.) LLJ LOT36 \ \ = e (M B. 45 PG 37) \ \ N 9 \ o � o � � N/F \\ \ Z N/KLAS OSKARSSON& \ Q A IN, MI✓N VAN DER B/JL \ PIN(F) o m (INSTR. #202103079147) \ U d W GP/N. 1499-99-7535 \ p m PROPOSED 2,581 S.F. ^� o - OPLANTED MARSH 4 m 5'PURL IC DRAINAGE v o z QS LITIL/TYEASEMENT (M.B. 45 PG 37) J ``• -- S85°42'S3"W 160.36' PIN(F) w� EX RCP 2 i PIPE END EX. BULKHEAD LOT 35 N/F JEAN S EDWARDS TRUS7 (ISNTR.#20200019534) GPIN.• 1499-98--7329 EXHIBIT"A" GADDY ENCROACHMENT REQUEST FOR QUARRY STONE SILL, REVETMENT OR RIP RAP, PIER, FLOATING ENGINEERING SERVICES,LLC DOCK, GANGWAY, AND COVERED BOAT LIFT CONTACT: FOR NIKLAS OSKARSSON AND MICHAEL S.GADDY, PE, LS 0 40 80 ANNEMIJN VAN DER BIJL 757-289-5933 LOT 36, SECTION 1, BAY ISLAND, M.B.45 PG. 37 508 N. BIRDNECK RD.,SUITE D SCALE: 1"=40' GPIN: 1499-88-7535 VIRGINIA BEACH,VA,23451 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this lq"'--ay ofActyivar , 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NIKLAS OSKARSSON and ANNEMIJN VAN DER BIJL, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "36", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated February 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2428 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a revetment encroaching variable distances, a 10' x 24' timber pier, a 10' x 16' timber floating dock with a 3' x 15' aluminum gangway, and a 14' x 26' covered timber boat lift(collectively, the "Temporary Encroachment") in the City of Virginia Beach; and GPIN: NO GPIN ASSIGNED (CITY PROPERTY KNOWN AS STARBOARD CANAL AND ISLAND LAKE) 1499-88-7535 (2428 WINDWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Starboard Canal and Island Lake, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 .00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "Exhibit 'A' ENCROACHMENT REQUEST FOR QUARRY STONE SILL, REVETMENT OR RIP RAP, PIER, FLOATING DOCK, GANGWAY, AND COVERED BOAT LIFT FOR NIKLAS OSKARSSON AND ANNEMIJN VAN DER BIJL LOT 36, SECTION 1, BAY ISLAND, M.B. 45, PG. 37 GPIN: 1499-88- 7535," Scale: 1" = 40', dated January 4, 2024, prepared by Gaddy Engineering Services, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, NIKLAS OSKARSSON and ANNEMIJN VAN DER BIJL, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit.- The foregoing instrument was acknowledged before me this day of , 2024, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 Niklas Oskarsson oj��W-)7 r \\ ,, Annemijn an Der Bijl STATE OFF\ `lrlj CITY/COUNT QICV1 to-wit: The foregoing instrument was acknowledged before me this F-{ ` 1 day of 2024, by Niklas Oskarsson. //�� ������ V�C1Y t Gfl L (SEAL) �j NotaroubW My Notary Registration Numbe ASHLEY RENEE 7ANECHEK My Commission Expires: U:) 131 202 a NOTARY PUBLIC REG. *7770977 COMMONWEALTH O R I MY COMMISSION EXPIRES STATE Omwq" CITY/COUNTY OFC�1��111L1 QOCLCh. to-wit: The foregoing instrument was acknowledged before me this day of 2024, by Annemijn Van Der Bi' . V- (SEAL) Notary ub 'c My Notary Registration Number: ASHLEY RENEE]ANECHEK My Commission Expires: 051 '3\ 1 20 2_,o NOTARY PUBLIC 70977 COMMONWEALTH I �I MY COMMISSION EXPIRESO 2 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P B IC WO S -REAL ESTATE ARMEYER SENIOR CITY ATTORNEY 7 NOTES: 1. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY 2. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY 3. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES ISLAND LAKE (M.S. 45 PG. 37) PROPOSED 10'X 16' FLOOD PROPOSED 14'X 26' COVERED TIMBER FLOATING DOCK WITH EBB 26' TIMBER BOAT LIFT pyTH 3'X 15'ALUMINUM GANGWAY 16' 15' 24' 00 bD 19, co19 5' _ _ ' MICHAEL S. ADD z N85°37'11"E 118.39' °D f12' 00 -` f O ' 5 0 040754 Z EX SUL KNEAD 01-04-2024 V PROPOSED 7.5' SS mQ •• REVETMENT TONAL Z (885 S.F/.) P13DPOS 10'X 24' o � > U � � •, �IMBER�PE 17 , % Q Z � c) PROPOS RY (A O o ) Q m STONE S LL, 4.5'WIDE \ `'o � o t' W (910S �o cn "I o°oQ PR VETMENT PATH\ �_ v AB \ WJURIS ICTIONAL WETLA DS N 4. E (910 F.) ma LOT39 \ \ k � _ N �M S. 45 PG. 37) \ o � o QN N/F \ c•� Z NIKLAS OSIARSSON& \ \ vQ O ANNEMIJN VAN DER S/✓L P/N(F) Z a m (INSTR. #'202103079147) \ \ U W GPIN• 1499-89-7535 \ PROPOSED 2,581 S.F. ^� o Q PLANTED MARSH m 5'PUSL IC DRAINAGE z — Q & UTIL ITYEASEMENT c� (IU S. 45 PG 37) � - p� 2' S85°42'53"W 160.36 EX RCP PIPE END �\ EX SUL KNEAD LOT 35 Ili/F JEAN S EDINARDS TRUST (ISNTR.#20200019534) GPIN• 1499-99 7329 EXHIBIT"A" ENCROACHMENT REQUEST FOR QUARRY STONE GADDY SILL, REVETMENT OR RIP RAP, PIER, FLOATING ENGINEERING SERVICES,LLC DOCK, GANGWAY, AND COVERED BOAT LIFT CONTACT: FOR NIKLAS OSKARSSON AND MICHAEL S.GADDY, PE, LS 0 40 80 ANNEMIJN VAN DER BIJL 757-289-5933 LOT 36, SECTION 1, BAY ISLAND, M.B. 45 PG. 37 508 N.BIRDNECK RD.,SUITE D SCALE: 1" =40' GPIN: 1499-88-7535 VIRGINIA BEACH,VA, 23451 56 ITEM— VUL.8 ORDINANCESIRESOL UTIONS ITEM#75349 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BYCONSENT, Ordinance to AUTHORIZE temporary encroachment into the City-owned property known as Treasure Canal at the rear of 2204 Windward Shore Drive re maintain an existing bulkhead,construct and maintain a timber bulkhead with a return wall,sand backfill,and topsoil/turfgrass,timber open pile wharf, timber pile overhead beam boatlift and boatlift electrical cable DISTRICT 8 Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 i 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF CITY-OWNED PROPERTY 6 KNOWN AS TREASURE CANAL, 7 LOCATED AT THE REAR OF 2204 8 WINDWARD SHORE DRIVE 9 10 WHEREAS, David L. Bass, Jr. and Melissa Bass (the "Applicants") request 11 permission to maintain 107' of an existing bulkhead and to construct and maintain 126' of a 12 timber bulkhead with a 2' return wall, sand backfill and topsoil/turfgrass between walls, a 13 5.3' x 31' timber open pile wharf, a 12.5' x 12' timber pile overhead beam boatlift and a 14 boatlift electrical cable (collectively, the "Temporary Encroachment") into a portion of the 15 City-owned property known as Treasure Canal, located at the rear of 2204 Windward 16 Shore Drive; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 27 assigns and successors in title are authorized to construct and maintain the Temporary 28 Encroachment as shown on the map entitled: "EXHIBIT A MAINTAIN EXISTING 29 BULKHEAD ENCROACHMENT REQUEST FOR BULKHEAD, WHARF, BOATLIFT AND 30 ELECTRICAL CABLE, SAND BACKFILL & TOPSOIL/TURFGRASS LOCATED IN 31 TREASURE CANAL IN BAY ISLAND," Scale: 1" = 30', dated December 27, 2022, 32 prepared by Marine Engineering LLC, a copy of which is attached hereto as Exhibit A and 33 on file in the Department of Public Works and to which reference is made for a more 34 particular description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the agreement between the City 38 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 39 been presented to the Council in its agenda, and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 i 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Applicants and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 th 50 day of March , 20 24 51 52 53 CA16057 R-1 Prepared: 2/9/24 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: L ') /T�//"— - P B IC WORKS, REAL ESTATE ARMEYER SEN CITY ATTORNEY a LTH OF o � a,,.J CANAL CENTERLINE TREASURE DAVID KLEDZIK lbo RE CAN N/F AL IN gqY ISLAND Lic. No.034674 '� --- --- -- _NOGPNgSSI NED1gBEACH � /a/2o23 mPROPOSED TIMBER OPEN PILE WHARF __ M6.45 PG 37$ A �, Cs A 135'PROPOSED TIMBER BULKHEAD — _ `TONAL "' A TO B=126'ON CITY PROPERTY B 2, MLW AT EXISTING BULKHEAD LOT 64 31' w 31' 33.7' PROPOSED TIMBER PILE ALUMINUM 45,...' 9.5' OVERHEAD BEAM BOATLIFT a BULKHEAD& 08 S'?2° bo F RETURN WALL 4� "F 4,0' 39 `" 7.7' 4.9' (NOT PART OF THIS 14 A 2 PROPOSED 92.32' S 79°03'36" ENCROACHMENT) 136' ISTING B KH D E 14, URN WALL (107'T R AlN PROPERTY LINE SAND BACKFILL& ON CITY 0 RTY) 0 10' 20' 30' LOT 66 TOPSOIL/TURFGRASS BETWEEN WALLS SCALE: 1"= 30' TIMBER SHED BULKHEAD T S EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING NUMENTS COMBINED WITH THECOMPILATION OF DEEDS PROPOSED BOATLIFT ND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE ELECTRICALCABLE A BOUNDARY SURVEY. w THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR U) V* VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER c o ASSOCIATIONS OR AGENCIES. �- z 3 z o `L' NO OT ES9R M ENTS OR �; U m w "' TREES IN CONSTRUCTION ACCESS&LIMI '� ~ � J � aO o o a = o o w _ m U U o "' oo Q #2204 w < < m ccn LOT65co Qw g > Z N o C� / _-__------- -- F- co W � � � a / --- Oz0 0 Q LL N a � m / � pcnvo Z U Q O o Q m z N c� _ / BAY ISLAND SEC 1 LOT 65 w � o °' '- cn < m C-) CONSTRUCTION / N/F BASS DAVID L JR&BASS MELISSA Z a o o cn ACCESS&LIMITS 2204 WINDWARD SHORE DR < z .t oo c9 / GPIN#2409198185 �' 64 a- o � OVERHEAD WIRE / INST# 202103090137 CURVE CALCULATION Q N a c i m / M645 PG 37&37A 300'16" DELTA m z N (5 ? / 124.98' CHORD DISTANCE EDGE OF ROAD S85D27'33"E CHORD BEARING L=125.00' SCO IPF R=2043.75'ii WATER METER WATER SUPPLY LINE WINDWARD SHOREiDRIVE CCOMPASS S CIRCLE 50'ROW MB.45 PG.37&37A IPF COMP APPLICATION FOR EXHIBIT A PREPARED BY: ENCROACHMENT BY: MAINTAIN EXISTING BULKHEAD MARINE ENGINEERING LLC DAVID L BASS JR ENCROACHMENT REQUEST FOR 1932 CHARLA LEE LN & MELISSA BASS BULKHEAD, WHARF, BOATLIFT AND VIRGINIA BEACH, VA 23455 GPIN 2409198185 ELECTRICAL CABLE, SAND BACKFILL SHEET 1 OF 1 2204 WINDWARD SHORE DR & TOPSOIL/TURFGRASS LOCATED IN DATE: DECEMBER 27, 2022 VIRGINIA BEACH, VA 23451 1 TREASURE CANAL IN BAY ISLAND REV — PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this ��tN day of DECEWMA , 20.73, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID L. BASS, JR. and MELISSA BASS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "65" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated February, 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at pages 37 and 37A, respectively, and being further designated, known, and described as 2204 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain 107' of an existing bulkhead and to construct and maintain 126' of a timber bulkhead with a 2' return wall, sand backfill and topsoil/turfgrass between walls, a 5.3' x 31' timber open pile wharf, a 12.5' x 12' timber pile overhead beam boatlift and a boatlift electrical cable, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED) 2409-19-8185 (2204 WINDWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Treasure Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A MAINTAIN EXISTING BULKHEAD, ENCROACHMENT REQUEST FOR BULKHEAD, WHARF, BOATLIFT AND ELECTRICAL CABLE, SAND BACKFILL & TOPSOIL/TURF GRASS LOCATED IN TREASURE CANAL IN BAY ISLAND," Scale: 1" = 30', dated December 27, 2022, prepared by Marine Engineering LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, DAVID L. BASS, JR. and MELISSA BASS, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By.- (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 DAVID L. ASS, JR. MELT A SS STATE OF VIRGINIA CITY/COUNTY OF \/Mioio, to-wit: The foregoing instrument was acknowledged before me this 154=' day of DeCe,1nbeY , 20 23, by DAVID L. BASS, JR. (SEAL) Notary Pubic Notary Registration Number: -4cS3�(o-4 ,'' y�P Y ' My Commission Expires: ��� 3� �o?� f. puB` REG.#7057767 MISSION n. EXP►30�Z: STATE OF Vi ROW A ' 0� �°"fn CITY/COUNTY OF VCv�;o�a�xAct_ to-wit: �,�MvEq�M��; The foregoing instrument was acknowledged before me this IS41 day of 202�' , by MELISSA BASS. EAL) Notary Publi u� �-(�S Notary Registration Number: M NR �" (o'er �•``'•�P F '•• My Commission Expires: lyc)v4_v t_,.tA ?„� ze,z� �:'••NOTARY•••••'. pUBLIC . REG. COMM SS67 ION c Q MY VRES j: 2 APPROVED AS TO CONTENTS APP!R ItGAL SUFFICIINGY-, FORM ImLic W RKS / REAL ESTATE R. EYER IOR CIT SYY ATTORNEY 7 p,LTH OF m O N CANAL CENTERLINE TREASU DAV� KLEDZIK y RE N/F CITY OF V RGIL I N BAY ISLAND Lic. No.034674 m PROPOSED TIMBER OPEN PILE WHARF o PINgSSIGNEpI MB.45PG � 1 1/8/2023 00 _ 37&37g BEACH sCs 135'PROPOSED TIMBER BULKHEADTONAL A TO B= 126'ON CITY PROPERTY - B r MLW AT EXISTING BULKHEAD Lo LOT 64 2 31' w 31' 33.7' PROPOSED TIMBER PILE ¢° ALUMINUM 9.5' OVERHEAD BEAM BOATLIFT a BULKHEAD& 4508 S72°47, j n' F RETURN WALL E 4.0' 39 "' 7.7' 4.9' (NOT PART OF THIS 92.3?' °0336 14 A l2 PROPOSED ENCROACHMENT) S 79 ' "E 136' ISTING B KH D 4p URN WALL (107'T R AIN PROPERTY LINE SAND BACKFILL& ON CITY 0 RTY) 0 10' 20' 30' TOPSOIL/TURFGRASS LOT TIMBER BETWEEN WALLS SCALE: 1"= 30'SHED BULKHEAD T S EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING NUMENTS COMBINED WITH THECOMPILATION OF DEEDS PROPOSED BOATLIFT ND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE ELECTRICALCABLE A BOUNDARY SURVEY. w THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR U) v VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER o ASSOCIATIONS OR AGENCIES. F- z 3 z o NO OT E QR AAPROVEMENTS OR W w J m TREES IN CONSTRUCTION ACCESS&LIMI f- of ° o } = o w m v d L co 0 < #2204 U) ¢ rn ch ; LOT 65 Q w p � � oo co 0 Z N O C7 / F- fn W coM U) J � :* a / O 2 O o } 0 z_ F- v / � pNvo Q CDd U) mC4 Cl U Q p o Q m z C-4 c9 ? / BAY ISLAND SEC 1 LOT 65 U) 0 Q m o M CONSTRUCTION / N/F BASS DAViD L JR&BASS MELISSA z Q o o co c) ACCESS&LIMITS j 2204 WINDWARD SHORE DR < 3 ? N oo 0 cno � ` a OVERHEAD WIRE // GPIN#2409198185 m: o z v INST# 202103090137 CURVE CALCULATION a z c' o Z m,LL N a <n m / / MB45 PG 37&37A 3d30'16" DELTA m 124.98' CHORD DISTANCE EDGE OF ROAD S85D27'33"E CHORD BEARING L=125.00' SCO IPF _ _ R=2043.75'�i__WATER METER WIND - — WATER SUPPLY LINE WARD SHORE DIVVE 1355.41'TO 50'ROW MB.45 PG.37&37A IPF COMPASS CIRCLE APPLICATION FOR EXHIBIT A PREPARED BY: ENCROACHMENT BY: MAINTAIN EXISTING BULKHEAD MARINE ENGINEERING LLC DAVID L BASS JR ENCROACHMENT REQUEST FOR 1932 CHARLA LEE LN & MELISSA BASS BULKHEAD, WHARF, BOATLIFT AND VIRGINIA BEACH, VA 23455 GPIN 2409198185 ELECTRICAL CABLE, SAND BACKFILL SHEET 1 OF 1 2204 WINDWARD SHORE DR & TOPSOIL/TURFGRASS LOCATED IN DATE: DECEMBER 27, 2022 VIRGINIA BEACH, VA 23451 TREASURE CANAL IN BAY ISLAND REV - f LTH OF 41 N CANAL CENTERLINE TREASURE DAVK)KLED23K ; X f NO NIF CITY OF VIRGINIA AL IN BAY ISLAND �j Lk. No. 03A674 n — —-_ GPIN ASSIGN BEACH ?' 1 1/8/2023 PROPOSED TIMBER OPEN PILE WHARF —- — ED,MB 45 G O 135'PROPOSED TIMBER BULKHEAD F 37$3�A__- �ONAL � A TO B=126'ON CITY PROPERTY l B r-MLW AT EXISTING BULKHEA LOT 64 2 31' w 31, 33.7' PROPOSED TIMBER PILE 4 ALUMINUM 45 9•5' OVERHEAD BEAM BOATLIFT a BULKHEAD& 08 S 72°Q,I, 5'RETURN WALL E 4.0' 39, "' 7.7' 4.9' (NOT PART OF THIS 92.3?' ° 14 A j-2 PROPOSED ENCROACHMENT) 136' ISTING B KH D S 79 03'36"E 14, URN WALL (107'T R AIN L PROPERTY LINE SAND BACKFILL& ON CITY 0 RTY) 0 10' 20' 30' LOT 66 TOPSOIL/TURFGRASS TIMBER BETWEEN WALLS SCALE: 1"= 30'SHED BULKHEAD T S EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING NUMENTS COMBINED WITH THECOMPILATION OF DEEDS PROPOSED BOATLIFT ND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE ELECTRICALCABLE A BOUNDARY SURVEY. w THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER o C) ASSOCIATIONS OR AGENCIES. z z o ti NO OT T1ES OR M ENTS OR Cl cr; U "' TREES IN CONSTRUCTION ACCESS&LIMI w c w J CO ~ 0 N ° W O >Q- = o o � w to o m U U o !�2 o ¢ #2204 cU) old LOT 65 Q of O rn o I CR = 0 o c, m o J > Z N o C� / co Cn IXM Cn J � O Q N lL m mz ? M / BAY ISLAND SEC 1 LOT 65 cu Q o C> o a / c Q 4m O m CONSTRUCTION N/F BASS DAVID L JR&BASS MELISSA o rn o � Z Q 0 o to M ACCESS&LIMITS // 2204 WINDWARD SHORE DR S � z N o O / GPIN#2409198185 �' O * a OVERHEAD WIRE / INST# 202103090137 CURVE CALCULATION Q u- N a c~, m / MB45 PG 37&37A 300"6" DELTA m z N cD i? / 124.98' CHORD DISTANCE EDGE OF ROAD S85D27'33"E CHORD BEARING L=125.00' SCO IPF __ _ R=2043.75'it WATER METER WATER SUPPLY LINE WINDWARD SHOREiDRIVE COMPASS 50'ROW MB.45 PG.37&37A IPF COMPASS CIRCLE APPLICATION FOR EXHIBIT A PREPARED BY: ENCROACHMENT BY: MAINTAIN EXISTING BULKHEAD MARINE ENGINEERING LLC DAVID L BASS JR ENCROACHMENT REQUEST FOR 1932 CHARLA LEE LN & MELISSA BASS BULKHEAD, WHARF, BOATLIFT AND VIRGINIA BEACH, VA 23455 GPIN 2409198185 ELECTRICAL CABLE, SAND BACKFILL SHEET 1 OF 1 2204 WINDWARD SHORE DR & TOPSOIL/TURFGRASS LOCATED IN DATE: DECEMBER 27, 2022 VIRGINIA BEACH, VA 23451 TREASURE CANAL IN BAY ISLAND REV - II r t E + t w C.7„ • ' Y S - . SEE qR s ~• ORE DR , k . +, , Q. lk r a H 4V i 4 'R WINDWARD SHORE DR > + Ff * LOCATION MAP ENCROACHMENT REQUEST W: DAVID L. BASS JR. AND Legend ' 01, r MELISSA BASS GPIN: 2409-19-8185 2409-19-8185 r Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 11/21/2023 X:\CADD\ProjectsWRC Files\AGENDA MAPS\2409-19-8185\2409-19-8185 Aerial.mxc 57 ITEM— VILL.9 ORDINANCESIRESOL UTIONS ITEM#75350 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachment into the City-owned property known as Chesapeake Bay at the rear of 2810 Ocean Shore Avenue re maintain existing wood steps with metal rails, moveable wood platform and wood retaining wall and construct and maintain a wood fence/retaining wall DISTRICT 8 Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF CITY-OWNED PROPERTY 6 KNOWN AS CHESAPEAKE BAY, 7 LOCATED AT THE REAR OF 2810 8 OCEAN SHORE AVENUE 9 10 WHEREAS, CHARLES H. BONNER and KRISTINA H. BONNER (the 11 "Applicants") have requested permission to maintain17 square feet of existing wood steps 12 with 6.2' x 2.8' metal rails, a 2.2' x 2.6' moveable wood platform, an 8"wood retaining wall, 13 and to construct and maintain a 4' — 6" wood fence/retaining wall (collectively, the 14 "Temporary Encroachment") into City-owned property known as Chesapeake Bay(GPIN: 15 1590-41-5731), located at the rear of 2810 Ocean Shore Ave (GPIN: 1590-41-1491); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City-owned property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Charles H. Bonner and Kristina 26 H. Bonner, their heirs, assigns and successors in title are authorized to construct and 27 maintain the Temporary Encroachment within the City's property as shown on the map 28 entitled: "EXHIBIT `A' ENCROACHMENT REQUEST FOR STEPS, RAILS, MOVEABLE 29 PLATFORM, RETAINING WALL AND PROPOSED FENCE/RETAINING WALL LOT 552, 30 CAPE STORY BY THE SEA PLAT NO. 2 (MAP BOOK 32, PAGE 8) FOR CHARLES H. & 31 KRISTINA H. BONNER GPIN 1590-41-1491," Scale: 1" = 30', dated December 1, 2023, 32 prepared by WPL, a copy of which is attached hereto as Exhibit "A" and on file in the 33 Department of Public Works and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the agreement between the City 38 of Virginia Beach and Charles H. Bonner and Kristina H. Bonner (the "Agreement"), an 39 unexecuted copy of which has been presented to the Council in its agenda, and will be 40 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 41 Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 i 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Charles H. Bonner and Kristina H. Bonner and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 th 50 day of March , 2024. 51 52 53 54 CA15281 R-1 Prepared: 2/21/24 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE DANA Ft.ifAFfM- EYER SENIOR CITY ATTORNEY 2 LOT C ,-�_C_H_E_S_A_PEA____K_E BA YN/F N/F PORPOISE PEN � � SEE INSET I PROPOSED 4'-6' CITY OF VIRGINIA BEACH CONDOMINIUM I SHEET 2 TOP OF DUNE (IN. 200501200010596) ASSOCIATION _ __ WOOD FENCE/ RETAINING WALL (GPIN:1590-41-5731) (D.B. 2265, PG. 1084) to* NOTES GPIN: 1590-41-0578 TOE OF 8" BLOCKEXISTING 8" WOOD ' SLOPE RTW THE CITY OF VIRGINIA BEACH IS NOT EXISTINGRESPONSIBLE FORVERIFICATION OF RETAINING WALL I MOVEABLE (BELONGING RESTRICTIONS REQUIRED BY OTHER (BELONGING TO LOT C) EXIWOOD TO LOT 551)wOOD ASSOCIATIONS OR AGENCIES. 5' PEDESTRIAN ; PLATFORMTHIS EXHIBIT IS A RESULT OF FIELDACCESS ESMT ; STEPSTIES TO EXISTING MONUMENTS (M.B. 147, PG. 7) ; I /%/7653 0 E I COMBINED WITH THE COMPILATION OF --------- t I WOOD DECK 5 i DEEDS AND PLATS SHOWN HEREON r — 36" METAL AND DOES NOT CONSTITUTE A --------- i_ RAILING ON BOUNDARY SURVEY. WOOD DECK 10' UTILITY ESMT IN 12810 (M.B. 147, PG. 7) O 5' INGRESS- ���, LOT 551 Icz: EGRESS ESMT __ N/F NN (M.B. 147, PG. 7) p T DONNA M. CUMMINGS "' 5' PEDESTRIAN i (I.N. 202000105542) ACCESS ESMT W GPIN: 1590-41-2442 �. (M.B. 147, PG. 7) T O 5' UTILITY & T LOT 552 DRAINAGE ESMT --� 1 .��»���w O LTH Q (M.B. 89, PG. 30) 3 GPIN.- 1590-41-1491 '^� �j�j� T N/F 'CK4)M H. 1i0NNER �o & KMNA H. RIC ARNER O (D.B. 2914, PG. 1144) Lie. 2904 ZJ e 7212312023 LOT B zi `YVV iO N/F y b SUR" ' CROIX CONDOMINIUM T �� S 76 53 3 W 55 UNIT OWNERS' OCEAN SHORE A VENUE 0 30 60 Fr ASSOCIATION (20' PUBLIC RIGHT-OF-WAY) (D.B. 2213, PG. 155) (FORMERLY 20' LANE) GRAPHIC SCALE GPIN: 1590-41-1318 (M.B. 32, PG. 8) SCALE: 1'=30' SHEET 1 OF 2 EXHIBIT 'A' ENCROACHMENT REQUEST FOR Ldate: 1 TEPS, RAILS, MOVEABLE PLATFORM, RETAINING WALL AND PROPOSED FENCE/RETAINING WALL T 552, CAPE STORY BY THE SEA PLAT NO. 2 (MAP BOOK 32, PAGE 8) FOR CHARLES H. & KRISTINA H. BONNER GPIN 1590-41-1491 LandsSurve Surveying 2023 fb 1082 75 & 76Y1 n / �pg•� proj. no.: 222-0295 Civil EngineeringwpIsite.com757.431.1041242 MUSTANG 1RIIL S1E 8 Y1tAiN ffAgi,VA 234525_Encroachment ex.dwg plat ref.: C-166 CAD/chk: BKM/eog CHESAPEAKE BA Y N/F —TOP OF DUNE PROPOSED 4-6' CITY OF VIRGINIA BEACH WOOD FENCE/ (IN. 200501200010596) (GPIN:1590-41-5731) — —RETAINING WAU x x x x x x x x x x x TOE OF SLOPE �I Na EXISTING 8" WOOD M RETAINING WALL � m (BELONGING TO LOT C) EXISTING MOVEABLE WOOD EXISTING WOOD STEPS PLATFORM (2.2'x2.6') W/ RAILS (6.2'x2.8') (6 SQ. FT.) 8" BLOCK RTW (17 SQ. FT.) 2.24' 5.08' (BELONGING TO 2 20' LOT 551) 0.57' 22.5' 26.4' 0.48' L L N 76'53'30" E 55' Q� x x x x x T 7x x 11 // ;7 V� x WOOD 36" METAL RAILING ON DECK WOOD DECK i I'M 0p LOT 552 N/F ER GPIN.• 1590-41-1491 c KFE H. BONIN do IQ8S11NA H. BOIB'IFR (D.B. 2914, PG. 1144) RIC ARNER,-o Lie. z904 Po- o 10 20 30 Feet 1212312023 GRAPHIC �-SCALE SURD ci SCALE. 1 —10 SHEET 2 OF 2 EXHIBIT 'A' ENCROACHMENT REQUEST FOR STEPS, RAILS, MOVEABLE PLATFORM, RETAINING WALL AND PROPOSED FENCE/RETAINING WALL LOT 552, CAPE STORY BY THE SEA PLAT NO. 2 (MAP BOOK 32. PAGE 8) FOR CHARLES H. & KRISTINA H. BONNER GPIN 1590-41-1491 Landscape Achitecture date: 12 O1 2023 FB PG.: 1082 75 & 76/ / / / proj. no.: 222-0295 Civil Engineering wplsite.com 757.431.1041 242 WMAIS RAIL SIE 8 W=ffJllrll,VA 2M file: 222-0295—Encroachment ex.dwg plat ref.: C-166 CAD/chk: BKM/eag PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of � DFQ a , 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES H. BONNER and KRISTINA H. BONNER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "552" as shown on that certain plat entitled: "CAPE STORY BY THE SEA PLAT NO. 2 PRINCESS ANNE COUNTY, VA," Scale: 1" = 100', dated April 24, 1952, prepared by S.W Armistead, CE., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 32, at page 8A and being further designated, known, and described as 2810 Ocean Shore Ave, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain 17 square feet of existing wood steps with 6.2' x 2.8' metal rails, an existing 2.2' x 2.6' moveable wood platform, an existing 8" wood retaining wall, and to construct and maintain a 4' - 6" wood fence/retaining wall, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1590-41-5731 (CHESAPEAKE BAY) GPIN: 1590-41-1491(2810 OCEAN SHORE AVENUE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Chesapeake Bay (GPIN: 1590-41-5731), the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR STEPS, RAILS, MOVEABLE PLATFORM, RETAINING WALL, AND PROPOSED FENCE/RETAINING WALL LOT 552, CAPE STORY BY THE SEA PLAT NO. 2 (MAP BOOK 32, PAGE 8) FOR CHARLES H. & KRISTINA H. BONNER GPIN 1590- 41-1491," Scale: 1" = 30', dated December 1, 2023, prepared by WPL, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, CHARLES H. BONNER AND KRISTINA H. BONNER, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH BY: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2024, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. Notary Public (SEAL) My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2024, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public (SEAL) My Notary Registration Number: My Commission Expires: 6 Charles H. on XKI'r:! a H. Bonner STATE OFv\Yt`\k ,0-k CITY/COUNTY OF\l(bkjd%0. jn , to-wit: The foregoing instrument was acknowledged before me this�_ day of , 2024, by Charles H. Bonner and Kristina H. Bonner. Notary P c My Notary Registration Number: � My Commission Expires: j, ( (2 ASH NOEY TARY ETARY PUBBLILI CHEK NOC REG. *7770977 COMMONWEALTH Y COMMISSION EXPIRES APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PI 1150CWOW — REAL ESTATE DAN R. HARMEYER SENIOR CITY ATTORNEY 7 LOT C ,_C N/F _H_E_S_A_P__E_A_K_E BA Y � SEE INSET ,PORPOISE PEN I , CONDOMINIUM SHEET 2 f TOP OF DUNE I W 6„ CITY OF V RG NIA BEACH O ,_D FENCE/ (IN. 200501200010596) ASSOCIATION I — —— —— RETAINING WALL (GPIN:1590-41-5731) (D.B. 2265, PG. 1084) _ _ _ GPIN: 1590-41-0578 I TOE OF 18" BLOCK NOTES EXISTING 8" WOOD ' SLOPE RTW • THE CITY OF VIRGINIA BEACH IS NOT RETAINING WALL ; I EXISTING I(BELONGING RESPONSIBLE FOR VERIFICATION OF (BELONGING TO LOT C) I I EXISTING MOVEABLE I RESTRICTIONS REQUIRED BY OTHER 5' PEDESTRIAN I I WOOD WOOD 0 TO LOT 551) ASSOCIATIONS OR AGENCIES. I STEPS PLATFORM • THIS EXHIBIT IS A RESULT OF FIELD ACCESS ESMT TIES TO EXISTING MONUMENTS (M.B. 147, PG. 7) ( N 76*53'30" E I COMBINED WITH THE COMPILATION OF --------- DEEDS AND PLATS SHOWN HEREON WOOD DECK % _ 36" METAL AND DOES NOT CONSTITUTE A ----- _ ---------# r- RAILING ON BOUNDARY SURVEY. I WOOD DECK 10' UTILITY ESMT /2810 (M.B. 147, PG. 7) 5' INGRESS— EGRESS ESMT LOT 551 H/c, (M.B. 147, PG. 7) ip T DONNA M /CUMMINGS 4 5' PEDESTRIAN (I.N. 202000105542) ACCESS ESMT �; T W GPIN: 1590-41-2442 (M.B. 147, PG. 7) ; p 5' UTILITY & i LOT 552 DRAINAGE ESMT --I T .------ti O (M.B. 89, PG. 30) GPIN-7 1590-41-1491 '? L'I ��l'1 Rp N/F CHAR E H. BONNER 01 & KRMWft H. RICV. �ARNER(D.B. 2914, PG. 1144) jiC, 2904 1212312023 �. LOT B Z T $ O N/F T y S 76'53'3 " W 55' sulo CROIX CONDOMINIUM r� UNIT OWNERS' OCEAN SHORE A VENUE 0 30 60 FT ASSOCIATION (D.B. 2SOC ASSOCIATION 155) (20' PUBLIC RIGHT—OF—WAY) GPIN: 1590-41-1 55) (FORMERLY 20' LANE) GRAPHIC SCALE (M.B. 32, PG 8) SCALE: 1"=30' SHEET 1 OF 2 EXHIBIT 'A' ENCROACHMENT REQUEST FOR STEPS, RAILS, MOVEABLE PLATFOR , RETAINING WALL AND PROPOSED FENCE/RETAINING WALL LOT 552, CAPE STORY BY THE SEA PLAT NO. 2 (MAP BOOK 32, PAGE 8) FOR CHARLES H. & KRISTINA H. BONNER GPIN 1590-41-1491 Landscape Architecture Land Surveying L2/01/2023fb/pg.: 1082/75 & 76 prof. no.: 222-0295 Civil Engineeringwpplsite.com 757.431.1041242 MISTANG 1R11i1 S1E 8 NiOiA VA 23452 -0295-Encroachment ex.dwg plat ref.: C-166 CAD/chk: BKM/eag CHESAPEAKE BA Y N/F TOP OF DUNE PROPOSED 4'--6'" CITY OF VIRGINIA BEACH WOOD FENCE/ (IN. 200501200010596) (GPIN:1590-41-5731) REraNINO WALL x x x x x - x x x x x x TOE OF SLOPE �I Na EXISTING 8" WOOD ^� RETAINING WALL m (BELONGING TO LOT C) EXISTING MOVEABLE WOOD EXISTING WOOD STEPS PLATFORM (2.2'x2.6') W/ RAILS (6.2'x2.8') (6 SO. FT.) 8" BLOCK RTW (17 SO FT) (BELONGING TO I 2.24' 5.08' LOT 551) 2.20' 0.57' 22.5' 26.4' 0.48' 1.1' At 76'53'30'" E 4 55' Q� x x x x 36" METAL WOOD RAILING ON DECK WOOD DECK i / I'M 0'P LOT 552 N/FBONNER GP/N. 1590-41-1491 �� H' do KRISINrl1 H. BONNER (D.B. 2914, PG. 1144) R1 ARNER Lie. 2904 O 10 20 30 Feet 1212312023 �. GRAPHIC SCALE ��� SUIN SCALE: 1"=10' SHEET 2 OF 2 EXHIBIT 'A' ENCROACHMENT REQUEST FOR STEPS, RAILS, MOVEABLE PLATFORM, RETAINING WALL AND PROPOSED FENCE/RETAINING WALL LOT 552, CAPE STORY BY THE SEA PLAT NO. 2 (111" BOOK 32, PAGE 8) FOR CHARLES H. & KRISTINA H. BONNER GPIN 1590-41-1491 Landscape Architecture Land Surveying date: 12/01/2023 1 FB/PG.: 1082/75 & 76 proj. no.: 222-0295 Civil Engineering wpIsite.com 757.431.1041 242 YUSfANG 1RAL S1E 8 NINI l BDOL VA Dw Ole: 222-0295—Encroachment ex.dwg plat ref.: C-166 CAD/chk: BKM/eag 58 ITEM— VILL.10 ORDINANCES/RESOLUTIONS ITEM#75351 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$290,000 from Dominion Energy Virginia for Section 106 Mitigation of Adverse Visual Effects to the FY 2023-24 Planning and Community Development Operating Budget re Coastal Virginia Offshore Wind Commercial Project / historic preservation program priorities Voting: 9-0 Council Members Voting Aye: 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 and Sabrina D. Wooten Council Members Abstaining: Vice Mayor Rosemary Wilson Council Members Absent: David Hutcheson March 5, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM DOMINION ENERGY VIRGINIA FOR 3 SECTION 106 MITIGATION OF ADVERSE VISUAL EFFECTS 4 TO HISTORIC RESOURCES RELATED TO THE COASTAL 5 VIRGINIA OFFSHORE WIND COMMERCIAL PROJECT 6 7 WHEREAS, the Bureau of Ocean Energy Management is in the process of 8 authorizing construction and operation of the Coastal Virginia Offshore Wind Commercial 9 Project; 10 11 WHEREAS, the Bureau of Ocean Energy Management determined that there are 23 12 historic above-ground resources that would be visually adversely affected by the offshore 13 wind turbine component of the project; 14 15 WHEREAS, mitigation funds in the amount of $290,000 have been awarded by 16 Dominion Energy Virginia to the City to address local historic preservation program priorities 17 and to cover mitigation for 22 of the 23 affected properties (Cape Henry Lighthouse will 18 receive its own funding); 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, THAT: 22 23 $290,000 is hereby accepted from the Dominion Energy Virginia and appropriated, 24 with miscellaneous revenues increased accordingly, to the FY 2023-24 Operating Budget 25 of the Department of Planning and Community Development for local historic preservation 26 program priorities. Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day of March 2024. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services QAyL'sOffic_e___�_ CA16437 R-2 February 29, 2024 ��4G1N1A$EAc� City of Virginia Beach U 9Z 2 O Pt 99�5 OF OUR NN"Oto O� VBgov mn ROSEMARY WILSON PHONE:(757)422-0733 VICE MAYOR RCWilson�vboov.com COUNCIL MEMBER-DISTRICT 5 March 5, 2024 In Reply Refer to 0086992 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 an ordinance to accept and appropriate funding from Dominion Energy Virginia for Section 106 mitigation of adverse visual effects to historic resources related to the Coastal Virginia Offshore Wind Commercial Project. 2. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 3. 1 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, 4-(�Z�41 �c-C�a�-L Rosemary A. Wilson Vice Mayor RAW/RRI 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451 59 ITEM— PUL.II ORDINANCESIRESOL UTIONS ITEM#75352 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRL4TE$19,446 from the Virginia Department of Criminal Justice Services to the FY 2023-24 Human Services Operating Budget re salary increases in Community Corrections and Pretrial Services Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR SALARIES IN COMMUNITY CORRECTIONS 3 AND PRETRIAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $19,446 is hereby accepted from the Virginia Department of Criminal Justice 9 Services and appropriated, with revenue from the Commonwealth increased accordingly, 10 to the FY 2023-2024 Department of Human Services Operating Budget for salary 11 increases in Community Corrections and Pretrial Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of March 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Cit Attorney's Office CA16436 R-1 February 20, 2024 60 ITEM— VII.M.1 PLANNING ITEMS ITEM#75353 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of RUFFIN 86,LLC for a Variance to Section 4.4(c) of the Subdivision Regulations re demolish three(3)dwelling units to construct one-single family dwelling at 109 A&B 861h Street& 8600 Ocean Front Avenue DISTRICT 6(Deferred from February 6, 2024) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RUFFIN 86, LLC for a Variance to Section 4.4(c) of the Subdivision Regulations re demolish three (3) dwelling units to construct one-single family dwelling at 109 A & B 86'h Street & 8600 Ocean Front Avenue (GPINs 2510517095, 2510518047) DISTRICT 6(Deferred from February 6, 2024) The following conditions shall be required.• 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SUBDIVISION VARIANCE EXHIBIT — LOT 6, BLOCK 3, CAPE HENRY SYNDICATE, SECTION "D" (M.B. 1, PG. 8b), VIRGINIA BEACH, VIRGINIA FOR RUFFIN 86, LLC",prepared by WPL, dated April 19, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The existing driveways on 86`h Street shall be redesigned in a manner deemed acceptable to the Department of Public Works. 3. The proposed single-family dwelling shall meet the minimum dimensional requirements of the R-5R Residential (NE)North End Overlay zoning district, unless a BZA Variance is granted by the Board of Zoning Appeals.If a BZA Variance is required, the variance shall be granted on the property prior to the site plan approval for the proposed single-family dwelling. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 5th day of March Two Thousand Twenty Four. March 5, 2024 61 ITEM— VUM.1 PLANNING ITEMS ITEM#75353 (Continued) Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 - O R5R(NE) T th Street 86th street R5R(NE) N ® Site Ruffin 86, LLC W E Property Polygons Zoning 109A & 109B 86th Street, 8600 Ocean Front Avenue S Q Building Feet 0 510 20 30 40 50 60 62 ITEM— VII.M.2 PLANNING ITEMS ITEM#75354 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS MODIFIED,AS PROFFERED,AS CONDITIONED,BY CONSENT,application of C THE JEMS, LLCI JONATHANPROPERTIES,LLCfor a Modification o Proffers to a Conditional Change o Zoning and a Conditional Use Permit re bulk storage yard — tow at 2625 Horse Pasture Road DISTRICT 5 (Deferred from February 20, 2024) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA C THE JEMS, LLC/JONATHAN PROPERTIES, LLC for a Modification of Proffers to a Conditional Change of Zoning and a Conditional Use Permit re bulk storage yard—tow at 2625 Horse Pasture Road (GPIN 1495656521) DISTRICT 5 (Deferred from February 20, 2024) The following conditions shall be required. An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. Modification of Proffers: Proffer 1: Subsection "g" of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number 200409220151888 is hereby modified and replaced with the following. (g)No onsite vehicular parking, outdoor storage, loading docks, or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road unless the use is setback no less than 140 feet from Dam Neck Road and screened by Category VI Landscape Buffer. Proffer 2: Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through the Grantor. Conditional Use Permit: 1. Development of the site shall be in substantial conformance to the submitted exhibit entitled, "Preliminary Layout for Affordable Towing Storage Yard", dated October 16, 2023,prepared by CECS, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. March 5, 2024 63 ITEM— VII.M.2 PLANNING ITEMS ITEM#75354 (Continued) 2. When developed, the office building shall be in substantial conformance to the submitted exhibit entitled, "2625 Horse Pasture Rd Elevations", dated December 1, 2023, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning& Community Development. 3. The fencing shall be installed at a minimum height of eight (8)feet, earth-tone in color, and be of a maintenance free material approved by the Planning Director. 4. The final stormwater management plan submitted to the Development Services Center (DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be submitted for review and approval by the Department of Planning and Community Development. Outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Yh day of March Two Thousand Twenty Four. Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 U CITY OF VIRGINIA BEACH • - _• INTER-OFFICE CORRESPONDENCE y o ai 5 Gp OUR NI.t�N In Reply Refer To Our File No. DF-11133 DATE: February 9, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Jonathan Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 20, 2024. 1 have reviewed the subject proffer agreement, dated December 5, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS JONATHAN PROPERTIES, LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 5th day of December, 2023,by and between JONATHAN PROPERTIES, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in District #5 of the City of Virginia Beach, containing approximately 2.441 acres and described in Exhibit"A"attached hereto and incorporated herein by this reference (the"Property");and WHEREAS,the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by Petition addressed to the Grantee so as to modify a condition applicable to the Property that is zoned Conditional 1-1 Industrial District; and WHEREAS, the Grantor has requested the Grantee to permit this modification of the Proffered Covenants,Restrictions and Conditions dated January 14,2002,and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Deed Book 4698,at Page 0794 (hereinafter "Original Proffers") as amended by FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS dated April 30, 2004 and recorded in the afore referenced Clerk's Office as Instrument Number 200409220151888 (hereinafter"2004 Amended Proffer") applicable to the Property; and GPIN: 1495-65-6521-0000 PREPARED BY: Prepared By: R.Edward Bourdon,Jr.,Esq.,VSB#22160 SYK£S,BOURDON. Sykes,Bourdon,Ahern&Levy,P.C. AHERN&LEVY.P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed proffer modification, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's proffer modification application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,the following amendment to the previously proffered conditions related to the physical development, operation, and use of the Property to be incorporated as a part of the previously adopted amendment to the Zoning Map applicable to the Property. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or -quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended and modified declaration of covenants, conditions and restrictions governing the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor,its successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. Subsection "g)" of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: g) No onsite vehicular parking,outdoor storage,loading docks,or loading PREPARED BY: areas shall be permitted between Dam Neck Road and any building on a parcel �SYVES.BOURDON. adjacent to Dam Neck Road unless the use is setback no less than 140 feet from Dam AURN&LEVY.K Neck Road and screened by Category VI Landscape Buffer. 2 2. Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under,by or through the Grantor. All references hereinabove to the I-1 Industrial Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia,in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the PREPARED BY: authority (a) to order, in writing, that any noncompliance with such conditions be remedied, SUES,BOURDON, and (b) to bring legal action or suit to insure compliance with such conditions, including AURN&LEVY,P.C. 3 mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: SYKES.ROURDON. ANERN&LEVY.P.C. 4 WITNESS the following signature and seal: Grantor: Jonathan Properties, LLC, a Virginia lim' d liability company By: (SEAL) an G ' Member/Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this Sth day of December, 2023, by Jonathan Guion, Sole Member/Manager of Jonathan Properties, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2023,Z6 �A0'��P R »y ��'•• Notary Registration Number:192628 ;:Q1��MMpti �0 = Z10 `9? o iT 6� i x /NIA • allies PREPARED BY: SYKES.BOURDON. AHERN&LEVY.P.C. 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND,WITH ALL IMPROVEMENTS THEREON AND THERETO BELONGING, LYING AND BEING IN THE CITY OF VIRGINIA BEACH, VIRGINIA, KNOWN AS PARCEL 1-A, TAYLOR FARM COMMERCE PARK, CONTAINING 2.4407 ACRES, AS SHOWN ON A RESUBDIVISION PLAT ENTITLED"RESUBDIVISION OF LOTS 1&2 TAYLOR FARM COMMERCE PARK, PROPERTY OF WOMACK CHAPPELL, LLC, A VIRGINIA LIMITED LIABILITY COMPANY, VIRGINIA BEACH, VIRGINIA" AND PREPARED BY THE SPECTRA GROUP, DATED 11/13/07,AND RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIRGINIA,AS INSTRUMENT NUMBER 20080318000301140. REFERENCE IS HEREBY MADE TO SAID PLAT FOR MORE PARTICULAR DESCRIPTION OF THE PROPERTY. GPI N: 1495-65-6521-0000 H:\AM\—Mod of Proffers\—C the JEMS\Amended Proffer.docx PREPARED BY: SYKES,BOURDON, AB£RN&LEVY,P.C. 6 12 �-----�. _ Dam Neck _�_ R _ aa___ N ® Site C the Jems, LLC W F El Property Polygons Zoning 2625 Horse Pasture Road S Building Feet 0 1530 60 90 120 150 180 64 ITEM— VII.L APPOINTMENTS ITEM#75355 BY CONSENSUS, City Council RESCHEDULED thefollowingAPPOINTMENTS: 90 DAY FESTIVAL TASK FORCE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITYPOLICYAND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISOR YBOARD PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE TRANSITION AREW INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE March 5, 2024 65 ITEM— VII.L APPOINTMENTS ITEM#75356 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: DAVID HUTCHESON (Council Member) Elected term 31612024-1213112024 ATLANTIC PARK COMMUNITYDEVELOPMENT AUTHORITY Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 66 ITEM— VII.L APPOINTMENTS ITEM#7535 7 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: SANDFORD COHEN Three year term 31512024-212812027 BAYFRONT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 67 ITEM— VII.L APPOINTMENTS ITEM#75358 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: DIANNA MCDOWELL SANDRA SHINABARGER Three year term 41112024-313112027 CLEAN COMMUNITY COMMISSION Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 68 ITEM— VII.L APPOINTMENTS ITEM#75359 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: DAVID HUTCHESON (Council Member) No Term DEFERRED COMPENSATION BOARD Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 69 ITEM— VII.L APPOINTMENTS ITEM#75360 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: ISABELLE CHAO TORRENCE SPREDER (Student Members) Student term 31512024—613012025 FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 70 ITEM— VII.L APPOINTMENTS ITEM#75361 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JOASHUA SCHULMAN (City Council/Alternate Member) No Term HAMPTON ROADS TRANSPORTA TION PLANNING ORGANIZATION Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March S, 2024 71 ITEM— VII.L APPOINTMENTS ITEM#75362 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: CAROL ASHMAN Three year term 41112024-313112027 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 72 ITEM— VILL APPOINTMENTS ITEM#753 63 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JACKSON DOANE Three year term 41112024-313112027 and REAPPOINTED: JAMAL GUNN Three year term 41112024-313112027 SIL VIA STRICKLAND One year term 41112024-313112025 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 73 ITEM— VII.L APPOINTMENTS ITEM#75364 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: ERIC KEPLINGER (Development Authority) Unexpired thru 212912028 ROBERT HOLMES Unexpired thru 212812025 Plus five year term 31112025—212812030 MILITARYECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 74 ITEM— VILL APPOINTMENTS ITEM#75365 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JEREMYMALONEY (Resort Advisory Commission) No Term OLD BEACH DESIGN REVIEW COMMITTEE Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March S, 2024 75 ITEM— VII.L APPOINTMENTS ITEM#75366 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: SUSAN SALAFRANCA (Alternate Member—Merit Service Employee) Three year term 41112024-313112027 PERSONNEL BOARD Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 76 ITEM— VILL APPOINTMENTS ITEM#75367 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: HARSHAD BAROT (Redesignated to represent Virginia Beach Division of Hampton Roads Chamber of Commerce) JULIANRIVERA Unexpired thru 212812025 Plus three year term 31112025—212912028 RESORT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 77 ITEM— VILL APPOINTMENTS ITEM#75368 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: AND COHEN JOHN DRESCHER ELAINE FEKETE PHILLIP HINES JOHN MANNARINO ARIC MARTINEZ No Term SHORT TERM RENTAL ENFORCEMENT TASK FORCE Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 78 ITEM— VU L APPOINTMENTS ITEM#753 69 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: TERRYBERGLUND (Environmental Engineer) Three year term 41112024-313112027 STORMWATER APPEALS BOARD Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 79 ITEM— VILL APPOINTMENTS ITEM#753 70 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JEREMY JOHNSON Unexpired thru 1213112024 Plus four year term 11112025—1213112028 VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 80 ITEM— VII.L APPOINTMENTS ITEM#753 71 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: ROBERTA GRIBBLE (Historical Group) Unexpired thru 71412026 VIRGINL4 BEACH VA250 COMMITTEE Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 81 ITEM— VII.L APPOINTMENTS ITEM#753 72 Upon nomination by Vice Mayor Wilson, City Council APPOINTED CITY COUNCIL LIAISONS: DAVID HUTCHESON JENNIFER ROUSE COMMUNITY SERVICES BOARD Voting: 10-0 Council Members Voting Aye: 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: David Hutcheson March 5, 2024 82 ADJOURNMENT ITEM#753 73 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:29 P.M. Ter au Chief Deputy City Clerk 4N��C, anda Barnes,M Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia March 5, 2024 83 OPEN DIALOGUE The following registered to speak.- Dennis Jemison, 4005 South Plaza Trail, Phone: 790-7972, did not respond Jacqueline Smith, 5224 Richard Road,Phone: 347-889-9793, did not respond Mike Visque, 541 Englehard Drive, Phone: 901-5170, requested to know what the status is on the City adopting a Collective Bargaining Agreement Vic Nicholls, 1124 Mill Lake Quarter, Phone: 410-0008, spoke in OPPOSITION to concealed carry fees Ed Weeden, 2875 Sabre Street, Phone: 385-1397, expressed his appreciation to Council Member Ross- Hammond for speaking at the American Legion #113 to honor first responders Hannah Merk, Phone: 799-5166, did not respond Dariel Clark, 793 Aragona Boulevard, Phone: 228-6773, expressed concern on the proposed budget cuts affecting school art and music programs Michael Hashamy, 5009 Ravenswood Road,Phone:580-0046, expressed concern on the proposed budget cuts affecting school art and music programs Alfred McClenny, 936 Aragona Boulevard, Phone: 749-3714, requested a standard policy for the Waste Management drive cam program for all staff operating City vehicles Melinda Rogers, 1885 Capel Manor Way, Phone: 716698-5805, did not respond Cody Conner, 3612 Malibu Palms Drive#104, Phone: 503-475-0970, expressed concern on the proposed budget cuts affecting school art and music programs Saher Mirza, 3940 Meeting House Road, Phone: 919-302-2274, requested City Council's support for a Resolution to request a ceasefire in Palestine Nihal Gokus, 4701 Hermitage Road, Phone: 277-3884, requested City Council's support for a Resolution to request a ceasefire in Palestine Sahian Nanez, 9521 21s'Bay Street, Norfolk, Phone: 626-232-2429, requested City Council's support for a Resolution to request a ceasefire in Palestine Don Krudop, 4744 Dawes Court, Phone: 635-0905, expressed concern on the proposed budget cuts affecting school art and music programs Alexise Congdon, 2305 Haversham Close, Phone: 477-9340, expressed concern on the proposed budget cuts affecting school art and music programs Brad Belton, 3325 Daytona Drive, Phone: 452-8133, requested to know what the status is on the City adopting a Collective Bargaining Agreement March 5, 2024 84 OPEN DIALOGUE (Continued) Melissa Lukeson, 1884 Wolfsnare Road,Phone:289-9003, expressed concern on the proposed budget cuts affecting school art and music programs Sally Andrews Gudas, 9419 Selby Place, Norfolk, requested City Council's support for a Resolution to request a ceasefire in Palestine Jayne Gray, 1441 Stephens Road, Phone: 481-9007, requested City Council's support for a Resolution to request a ceasefire in Palestine Andrew Scott Bell, 2109 Fernwood Drive, California, Phone: 757-469-4238, expressed concern on the proposed budget cuts affecting school art and music programs Sydney Hinkle, 502 Abbot Muse, Phone: 774-275-1155, expressed concern on the proposed budget cuts affecting school art and music programs ADJOURNED at 7:26 P.M. March 5, 2024