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Home My WebLink AboutJUNE 18, 2024 FORMAL SESSION MINUTES �NIA-B� Ok� � a r Um c� 4s OF OIJR NO" VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia JUNE 18, 2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,June 18, 2024 at 2:30 P.M. Council Members Present: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCILS BRIEFING EAST COAST SURFING CHAMPIONSHIP(ECSQ ITEM#75821 2:31 P.M. Council Member Wooten stepped out during the presentation due to a possible conflict of interest Mayor Dyer welcomed Tony Pellino, General Manager—Coastal Edge East Coast Surfing Championship. Mr. Pellino expressed his appreciation to City Council for their continued support and distributed a copy of the presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. Pellino.for the presentation. June 18, 2024 C A- 01 Ht « The Virginia Beach Jaycees, �e Tony Pellino, General Managerjj,,- _ 4 tot µ A, . • w w � � f ' E n s sal � i t� t � • 4 _ + y }y d 9�4tt a �► /� 2 1 t mom .000 CD Ad �7 o .. A ' 0 1 0 , 60+ YEARS IN 20 SECONDS: A B R I E F H I STORY 0 F c r c CHAAWA IP Ohio 1 ' t z � �1 l� a• r _ - - f �P r - } i t. A F i .i4, T'� ��4 �4.Y• I It .1 aN"full � J'l��. !�•\-. ; '4.... 3 '1 C � ply P r jF C • w� A • S a , a * f ?- r 1 fi a� a+ t s � • 3 �•s� f • � � f 'f ii k E f f �� .. . ,' ,. `• � t 'l ':3��. ' .. . �. Tat r :t -# �t .�f> _ • � ��. •F. .� � r �' s �� d .. � . , : �f , y. r . �,. .,,� ,�''�' �, _ . . ,� . ; . ..�� . ,•�•� ,,i t•,, �► ..• • .J� •♦ � ''�'•� ,j ti�.` ,`ai�' •� • `' { . -:�+�, ` ' } • `� c , Av Woolf c n 1 �►` Inn low pp Cam" VOW Ab 1 I 5 ^ r p. r } e ;fir,►_ �- it 4, - A � ..Ar 1 _ x - _ - -. w rw� .w ... .ate a µ' i 6 � ;F R � n Y^j r " 60 yyrr+••RR 1 t r �y per. -1 .i71..:I •. • a r T n 1 Aw Aa + �AM • 7irris 10D City of Boardwalk �}� j #tow Virginia 11cach Resort aw-lAx F vent Profornia Analysis RESORT EVENT I-41-N WrW 77- 09 MM r m PROFORMA .......... ANALYSIS ........... February 1, 2019 2018 EVENTS P mining and Conmitmin•Development Department Strategic Gromil area Office Romilcl D Berkebile 2018 Festival and Marathon City Proforma Events Tax Revenues Costs Total Shamrock Marathon $640,040 $166,744 $473,296 Rock`n Roll Marathon 555,469 189,302 366,167 North American Sand Soccer 635,537 39,632 595,905 Patriotic Festival 272,502 194,796 771-706 Neptune Festival 892,589 301,191 591,398 American Music Festival 5311123 6501342 1191219 East Coast Surfing Championship 11149,632 28,000 1/121/632 FunkFest 6171248 106,348 510,899 Boardwalk Art Show 6271573 10,238 617,335 Festival and Marathon Totals $5,921,713 $1,353,106 $4,568,607 Source: City of Virginia Beach SGA Office, Police Department, Convention and Visitors Bureau, and Public Works Department 21018 Festival and Marathon Economic Impact Events Lodging F&B Entertainment Other Indirect/Induced Total Shamrock Marathon $2,667,699 $4,024,645 $382,187 $5,451,785 $5,712,342 $18,238,658 Rock'n Roll Marathon 3,113,434 2,490,540 650,355 1,543,291 $4,381,116 12,178,735 North American Sand Soccer 3,777,566 3,094,983 736,493 1,683,156 $S,591,107 14,883,304 Patriotic Festival 459,705 1,726,276 1,170,646 701,814 $2,409,251 6,467,691 Neptune Festival 6,943,014 2,956,638 599,758 1,620,577 $7,050,613 19,170,600 American Music Festival 1,908,395 2,410,832 1,477,139 1,547,106 $4,144,768 11,488,240 East Coast Surfing Championship 6,982,273 5,132,462 1,586,411 2,733,369 $9,463,063 25,897,577 FunkFest 1,456,606 4,752,309 763,757 2,431,592 $5,169,284 14,573,549 Boardwalk Art Show 2,374,772 3,190,403 743,591 4,373,984 $4,998,555 15,681,304 Festival and Marathon Totals $29,683,463 $29,779,087 $8,110,337 $22,086,673 $48,920,098 $138,579,657 Source:SGA Office, Planning and Community Development Deportment ECSC BY THE NUMBERS : ► 1 BILLION + ONLINE AUDIENCE ► 2 MILLION + TV AUDIENCE ► $ 700, 000 + AD VALUE ► $ 2 MI , LION + PUBLICITY VALUE fl�l�fif�,x. ��arity is- III The Best LAN SdIHSNO1dWVHM Sniutins isvom isvavyi Co �J M O CL (P C3) Iva dJ -lvf1NNV pl1Z9 3Hl 01`� yJ O� a8 p!Ui6ain aul �`� 3 CITY MANAGER'S BRIEFINGS FY 2024-25 VBCPS AMENDED BUDGET ITEM#75822 2:55 P.M. Mayor Dyer welcomed Crystal Pate, Chief Financial Officer — Virginia Beach City Public Schools (VBCPS). Ms. Pate expressed her appreciation to City Council for their continued support: FY 2024/25 Amended Budget Resolution Crystal Pate, Chief Financial Officer June 18,2024 Here is the Revenue Comparison for the Amended Budget: Revenue Comparison for the Amended Budget W. Federal $14,744,107 $14,744,107 $0 State $364,283,405 $383,220,849 $18,937,444 State Sales Tax $91,663,766 $88,878,833 ($2,784,933) Revenue Sharing Formula $473,709,904 $473,491,696 ($218,208) Other Local $4,457,538 $4,457,638 $0 School Reserve $0 $0 $0 June 18, 2024 4 CITY MANAGER'S BRIEFINGS FY 2024-25 VBCPS AMENDED BUDGET ITEM#75822 (Continued) Here is the Budget Balancing information: Budget Balancing $15,934,303 2%increase in the entry rates for both the unified and $13,045,540 $2,888,763 instructional experience-based step pay scales effective August 1,2024' Special education support $2,000,000 $888,763 Wellness day(1.0) $650,000 $238,763 Instructional resources $238,763 $0 InGudas the cost for both the School Operating fund and the Green Run Collegiate Charts School fund Questions? Mayor Dyer expressed his appreciation to Ms. Pate for the presentation. June 18, 2024 CITY MANA GER'S BRIEFINGS FUNDING PLAN O , THE ARTS 3:03 P.M. Mayor Dyer welcomed Emily Labows, Director — Cultural Affairs. Mrs. Labows expressed her appreciation to City Councilfor their continued support: Options for Distribution of Arts Funds from June 18, Dedicated Admissions Taxes This item relates to Focus Action Plan Initiatives:3.11,3.12,3.13 Emily labows,Cultural Affairs June 18,2024 �� VIRGINIA BEACH Overview of Presentation • Background and the Ask • Opportunity and National Benchmarking • Local Options for Consideration • Possible Funding Breakdown • Timeline Considerations • Council Discussion and Direction 2024 CITY AIANA GER'S BRIEFINGS FUNDING PLAN O , THE ARTS Here is the Background: Background The • On May 14, 2024, City Council passed an ordinance to dedicate a portion of the amusement tax to funding for the arts and culture from the Tourism Investment Program (TIP) Fund. • The Ordinance states: "The revenues generated from the 20% of the Amusement tax dedicated to funding arts and culture shall be placed in a dedicated reserve.The City Manager and the Department of Cultural Affairs shall develop a plan for the use of the funds dedicated to arts and culture. The City Manager shall present such plan to the City Council for the City Council's input. Prior to expenditure or distribution of funding for arts and culture from the dedicated reserve, the City Council shall have formally approved guidance for the use of such funds" • Funds available:$1,613,524 p3 1!8 dedicatedfundingprovides opportunitiesfor transformationand expansion as well as addressing multiple /cus Action PlanInitiatives: Opportunity for Transformation and Expansion • Opportunity to make strategic investments with the $1.6 million funding dedication to offer robust support for local artists and cultural organizations and promote vibrant public art and cultural programming • Opportunity to attract artists, residents, and visitors from around the world, June 18, solidifying our position as a leading cultural destination • Opportunity to become an incubator and beacon of creativity and culture on the East Coast • Address multiple Focus Action Plan Initiatives: • 3.11 Explore and implement opportunities to partner with the community and small businesses to activate creative placemaking and cultivate a sense of identity to strengthen the civic, cultural, and economic environments for areas throughout the city • 3.12 Conduct capacity mapping to identify potential areas for community-based revitalization projects and placemaking efforts • 3.13 Enhance the reach and distribution of the arts throughout the city � VS 2024 CITY MANA GER'S BRIEFINGS FUNDING PLAN O . THE ARTS The next i (2)slides provide an ofhow Miamiand Miami-Dade CountyMiami-Dad have i i i landscape:their arts and culture earning from Leading Arts Cities: Miami Some specific steps that the City of Miami and Miami-Dade County have taken to transform their arts and cultural landscape: 1.Public Investment in Cultural Infrastructure&Organizations • Adrienne Arsht Center for the Performing Arts:Opened in 2006,this state-of-the-art facility was funded through a combination of public and private funds,providing a premier venuefor theater,opera,and concerts. • Perez Art Museum Miami jPAMMI:Originally established in 1984,it moved to ifs new Herzog&de Meuron-designed building in Museum Parkin 2013,funded by a miz of public funding and private donations. • Growth of CutturalAHairs Departmen[staf(ing to implement growth 2.Support for Local Artists and Organizations • Cultural Grants Program: Miami-Dade County Department of Guttural Affairs provides grants to local artists and cultural organizations.These grants support a wide range of artistic disciplines and help sustain the local arts communtty. • Artist Residencies and Studios:Programs like Oolite Arts offer residencies,studio space,and resources to local artists,fostering, creativity and community engagement. 3.Public Art Programs • Miami-Dade Art in Public Places Program:Eriablished in 1973 this program mandates that a percentage of construction cons of new public buildings be allocated for public art.This initiative has resuked m a diverse collection of artworks throughout the city • Wynwood Walls:A project initiated by the late Tony Goldman in 2009,transforming the Wynwood neighborhood Into an open air street art museum with murals by internationally renowned artists. p5 v� Learning from Leading Arts Cities: Miami 4.Establishing Key Cultural Events • Art Basel Miami Beach:Launched in 2002,this international art fair has played a crucial role in putting Miami on the global art map.It attracts artists,collectors,and art enthusiasts from around the world,creating a significant economic and cultural impact. • Miami Art Week:Surrounding Art Basel,a series of satellite fairs,exhibitions,and events take place across the city,further enriching the local art scene. 5.Enhancing Cultural Tourism • Culturel Tourism Campaigns:Marketing and promotional campaigns by the Greater Miami Convention&Visitors Bureau highlight the city's cultural assets,attracting tourists interested In arts and culture. • Cultural Passports and Discounts:Initiatives like the Miami Attractions&Museum Month offer discounted admissions and special promotions to encourage exploration of cultural sites. 6.Redevelopment and Revitalization • Wynwood Arts District:Once a neglected warehouse district,Wynwood has been revitalized into a vibrant arts district with ga leriesr studios,and street art.This transformation has attracted visitors and new businesses,contributing to the area's economic growth. • Little Havana:Cultural initiatives in Little Havana,such as the Viernes Cutturales(Cultural Fridays)monthly arts and culture festival,celebrate the area's rich heritage and attract both locals and tourists. • By implementing these strategic initiatives,Miami has successfully created a dynamic and vibrant arts destination that attracts both local residents and international visitors.The cityi commitment to investing in Cultural infrastructure, supporting local artists,and fostering public-private partnerships has played a crucial role in its transformation. p6 vB CITY MANAGER'S BRIEFINGS FUNDING PLAN O , THE ARTS The nextfew slides summarize each q the Strategic Pillars: Strategic Pillars for Transformation and Expansio • Support for Local Artists and Bring Arts into Neighborhoods • Increase Public Investment in Cultural Organizations/Strengthen Arts Community • Expand Public Art, Placemaking and Programming • Additional Staffing to Make these Initiatives a Reality v VB Strategic Pillar: Support for Local Artists National Examples: Individual Artists Grants • Charlotte Arts and Science Council,NC • St.Louis,MO • San Antonio,TX • San Francisco,CA • Miami,FL • Artist must be a current resident of city, has maintained primary residence in city for a number of years(documentation required)and fit in an approved arts discipline • In the past three years,artist must have created and presented their own original works to the public or performed for the public(documentation required) • Typically grant funds may be designated for(but not limited to)equipment and materials, rental space,arts-related travel,conference fees, project completion, professional and artistic development,training,and other resources ,� ve BRIEFINGSCITY MA NA GER'S FUNDING PLAN O . THE AR TS Strategic Pillar: Bring Arts into Neighborhoods National Example: Louisville Arts in Neighborhoods Community Mini-Grant • Supports the implementation of short term or one time innovative and creative events that engage communities within specific neighborhoods of Greater Louisville June 18, • Event must contain an element that is artistic in nature,including either performance,exhibit,culinary arts,or creation and engagement in artistic exercise • Event should include a physical,in-person event to happen in a specific neighborhood in Greater Louisville • Event budget should be reasonable and sufficient to execute the project within the project period • Event must be free and open to the public p9 �/Fi Strategic Pillar: Bring Arts into Neighborhoods National Example: Denver, CO - P.S. You Are Here Grant • P.S. You Are Here Grants supports neighborhood-based, community-led projects in outdoor public spaces • Funds site-specific creative projects that celebrate and beautify the neighborhood in which they are found • Projects build civic engagement, honor heritage, beautify neighborhoods and enrich communities p10 2024 I CITY AMNA GER'S BRIEFINGS FUNDING PLAN O , THE ARTS (Continued) slidesThe next several provide Li t r Options: Local Funding Options: June Support for Local Artists and Bring Arts into Neighborhoods NEW GRANT OPTIONS • Virginia Beach-based Individual Artists Mini-Grant: For individual artists at the early stages of their careers to develop and present new works • Love your Neighborhood Collaborative Projects Mini-Grant:For artists or partnerships between artists and community organizations to create short-term or one-time innovative and creative events that engage communities within Virginia Beach neighborhoods • Creative Community Art Activations Grant:Aimed at artists,artists collectives and arts organizations, for the creation and installation of short-term art projects and art activations. This grant aims to bring vibrant, temporary art installations to various locations within the city, enhancing the aesthetic appeal and cultural vibrancy of our community Pll ve Local Funding Options: Additional Staffing to Make these Initiatives a Reality Integral in making these grants successful is having a dedicated staff member to offer personalized support to artists and cultural organizations on grant applications and project proposals to include connecting community organizations to artists,City stakeholder buy-in on projects,in-person workshops, education sessions New Arts Development and Grants Manager(1 FTE in Cultural Affairs Department) • Grant Management: Oversee the administration of new and existing grant programs, ensuring compliance with all guidelines and reporting requirements. • Artist and Organization Support:Offer personalized support to artists and cultural organizations on grant applications and Project proposals.Advise artists and organizations on best practices for organizational development,including financial management,and capacity building. • Outreach and Communication: Develop and maintain strong relationships with local artists, cultural organizations,and community stakeholders.Conduct workshops,webinars,and informational sessions to educate the community about available grants and development resources. • Program Development: Collaborate with department leadership to identify and develop new grant programs that address emerging needs within the arts community. Monitor and assess the impact of grant programs to ensure they meet strategic goals Piz VB i CITY AMNA 11 BRIEFINGS FUNDING PLAN FOR THE ARTS Strategic Pillar: Increase Public Investment in Cultural Organizations/ June 18, Strengthen Arts Community National Example:Miami—Major Cultural Institutions Grant • Designed to provide stable and substantial funding to fully professional institutions with year- round programs and annual fiscal operations specifically in Miami-Dade County that satisfy the eligibility requirements • Helps to support the annual operations of and programming provided to the community by Miami- Dade's largest,exemplary cultural organizations. • Organizations must have a documented history of at least five years of providing high quality programming to large and diverse audiences from across Miami-Dade County and beyond,annual budget criteria Pis VB Local Funding Options: Increase Public Investment in Cultural Organizations/Strengthen Arts Community Additional funding to Arts and Humanities Commission: To provide increased funding to arts and cultural non-profit organizations, potential other options to explore in future: shared resources, capital funding, expansion of Leadership and Development Grants Sustainability Funding for Major Arts Institutions: This funding opportunity targets non-profit cultural organizations in Virginia Beach with annual budgets exceeding $750,000.This strategic investment aims to bolster the Sustainability and expansion of the city's largest cultural institutions,fostering greater cultural vitality, enhancing economic impact, and reinforcing Virginia Beach's reputation as a premier arts and cultural destination. ,r4 vb 2024 12 CITY MANA GER'S BRIEFINGS FUNDING PLAN O , THE ARTS Local Funding Options: Expand Public Art, Placemaking& Resources Fund additional public art and placemaking projects: • Commission murals, sculptures, and other forms of public art throughout the city, especially in high-traffic areas and underserved neighborhoods that reflect the city's diversity and cultural heritage • Create interactive public art pieces that encourage community participation and engagement, neighbors working together to strengthen neighborhoods • VB GIGS&Arts All Over Expansion/multicultural programs New Public Art Staff(1 FTE in Cultural Affairs Department) • Project Management:Assist in coordinating the commissioning,installation,and maintenance of public art protects,ensuring high-quality and impactful public art throughout the city. • Collaborative Projects: Assist in coordinating collaborative projects that involve multiple stakeholders,ensuring smooth operation and maximizing the impact of combined efforts. • Public Art Integration: Work to integrate public art into planning and development projects, enhancing public spaces and contributing to the aty's aesthetic and cultural appeal. ois VB Possible Funding Options for Council's Consideration: $1.6 M Breakdown • Grants to Individual Artists and Bring Arts to Neighborhoods Grants(Pilot):$200,000 • Increase funding to Arts and Cultural Organizations and Strengthen Arts Community: $896,839 • Additional funding to Arts and Humanities Commission and sustainability funding for major arts institutions • Increase Public Art,Placemaking,Programming into Districts:$350,000 • Two Additional Staffing to Make Initiatives a Reality:$166,685 total(salaries,benefits, June computers,phones for two staff) p 16 `11 • BRIEFINGS13 CITY MANAGER'S FUNDING PLAN O , THE ARTS ConsiderationsITEM#75823 Here are the Timeline Steps: Timeline Considerations and Next Steps Mayor Dyer expressed his appreciation to Mrs. Labows for the presentation. • Per Ordinance, Council needs to formally approve funding plan • Based on Council direction today,staff can explore additional options and come back with additional recommendations for your consideration or present an ordinance at your July 9, 2024 Formal Meeting • Note:The Arts and Humanities Commission would prefer to know of an increase as soon as possible in order for them to consider new funding allocations and notify arts and cultural organizations of grant awards. Pv VB 14 CITY MANA GER'S BRIEFINGS PEMBROKE SQUAREREDEVELOPMENT Mayor Dyer welcomed Kathy Warren, Director—Planning and Community Development. Mrs. Warren expressed her appreciation to City Councilfor their continued support: Council Member Wooten stepped out during the presentation due to a possible conflict of interest Here are the Pembroke Square Redevelopment Kathy Warren, Director,Planning and Community Development City Council Briefing,June 18,2024 Disclosures: _ DISCLOSURES • Developer: Pembroke Square Associates, LLC • Shenandale Associates,LLC,Vincent R.Olivieri,Manager • Marc Associates,LLC,John E.Olivieri,Manager or Michael V.Olivieri,Manager • Emilio Olivieri Family Company No.1,LLC,John E.Olivieri,Manager • Blue Ridge Associates of Virginia,LLC,Vincent A.Napolitano,Operating Manager • Vincent A.Napolitano,Frederick J.Napolitano II and John C.Napolitano • Builder: Thomas Builders,SB Ballard • A&E: Cox Kliewer,ODA Architecture, Kahler Slater • Legal: Freiden,Seery, Nuchols and Hahn • Financing: Towne Bank PEMBROKE SQUARE REDEVELOPMENT I 15 CITY MANA GER'S BRIEFINGS PEMBROKE SQUAREREDEVELOPMENT Presentation Overview • History of Pembroke Mall • Timeline for Pembroke Square Redevelopment • Proposed Redevelopment Plan • 2022/2024 Project Cost Comparison The next • Fiscal Impact Analysis • Next Steps PE MBROKE SOUARE REDEVELOPMENT�3 _ couple / I ' provide an overview I the Pembroke MI Pembroke Mall History • In March 1965,construction began on Pembroke Mall. • In 1966,21 of the mall's first stores opened. • In 1981,Pembroke Mall underwent its first expansion. • By the mid-1990s,Pembroke Mall started to lose tenants,primarily to newer, larger,and better malls in the area such as Lynnhaven Mall and MacArthur Center. • In 2003,the mall's management began strategizing for a redevelopment plan. PEM BROKE SQUARE REDEVELOPMENT�4 16 CITY MANA GER'S BRIEFINGS BR OKE SQ UARE REDE VEL OPMENT Pembroke Mall History Continued Here is the • In 2015,Sears Holdings spun off 235 of its properties,including the Sears at Pembroke Mall,into Seritage Growth Properties. • In 2018,it was announced that Sears would be closing. • In 2020,Stein Mart closed. • In December 2021,the mall announced that the 48 remaining tenants must vacate by the end of January 2022,as part of a$200 million redevelopment plan. • In July 2022,Pembroke Mall was rebranded to Pembroke Square—Mixed-Use Project to include residential,retail,restaurants and hotel. PEMBROKC SQUARC RCD[VELOPMCNT�5 Pembroke S/ / Redevelopment Pembroke Square Redevelopment • February 2022—Developer requested cost-participation for public parking as part of the Pembroke Mall Redevelopment Plan • April 2022—City Council approved Resolution to approve Term Sheet for the Redevelopment of Pembroke Mall • December 2022—Aviva senior housing breaks ground • April 2022-December 2023—Developer revised development plan • Fall 2023—Demolition of central area of mall(former Stein Mart)and outparcel(former Suntrust building) • March 2024—City Council Closed Session briefing on revised Term Sheet • June/July 2024—Public Briefing and City Council to consider Cost-Participation for not to exceed$22.35 M for public parking PEMBROKE SQUARE REDEVELOPMENT�6 17 CITY AlANA GER'S BRIEFINGS PEMBROKE REDEVELOPMENT Transition from Mall to Mixed-Use Communit -414 The next several slides 6 7F A i detail , i I ii Three Phases of Development • Phase I—Senior Living • Phase II—Multi-Family Development with Parking .�g Deck • Phase 111—Hotel Development with Parking Deck Anticipated Future Phases • Two Office Towers estimated at$240M Total ��" �w _` � Development Cost PEMBROKE SQUARE REDEVELOPMENT�8 18 CITY MANAGER'S BRIEFINGS PEMBROKE SQUARE REDEVELOPMENT ITEM#75824 (Continued) > , 153 units start Dec (Under Con Complete 4:. PEMBROKE SQUARE REDEVELOPMENT 9 Aviva Senior y. k .Ii 42�i�5' T� �- • ZE e .t .r. June 18, 2024 19 CITY MANA / BRIEFINGS PEMBROKE SQUARE I REDEVELOPMENT ITEM I 24 Phase II Phase II—Multifamily 272 Units - l 611-Space Parking Garage �' Start 41h Qtr. 2025 f F rr Complete 4«Qtr. 2027 r 1 ea PRIMARY FACADE PEMBROKE SQUARE REDEVELOPMENT�11 Phase III Phase III-Hotel �•• � r_ I,�,,F � � $34-Space Parking Ga t 30M °`r f ' Start 1�Qtr. 2025 � � 1. �` Complete 41h Qtr.2026 __..�;._.._..:.,�.._ ,. •., Harp+e, .. ,, ...�. ___.� err ,-s€+a•.d e. ,.r--: r�s'! �—w„� PEMBROKE SQUARE REDEVELOPMENT�12 20 CITY MA NA GER'S BRIEFINGS PEMBROKE SQUARE REDEVELOPMENT Here is the Proposal / // / Proposal Comparison Phase Original Proposal .Cost New Proposal Cost Feb.2022 March 2024 Development Phase 11—Multifamily 329 Units $66.6M 272 Units $69M D- Total Development Cost $162AM $163.3M City Cost-Participation Phase 11582 Spaces $17.5M Phase 11611 Spaces $18.3M for Parking Phase .• Total City Cost Parti.cipation Total Spaces 791 $23.8M Total Spaces 745 $22.35M PEMBROKE SQUARE REDEVEIOPMENT 113 ,� The next two (2)slides summarize the Estimated Fiscal Impact: Estimated Fiscal Impact — Assumptions Parkine_Garages: • Two parking garages-total 745 parking spaces • Cost per parking space-$30,000/space+$2,750/space carrying costs • General Fund pays debt service associated with total issuance of$24.4M Bonds($22.35 M Not to Exceed cost-participation for garage construction) Revenue from theproiect anticipated to be¢in in FY 2026 • Fiscal Impact includes all projected Real Estate General Fund Revenue to occur from development • To ensure revenues remain within the General Fund,dedication of the Real Estate revenue equivalent to the revenue generated would need to occur within the General Fund Establishment of a Special Service District(SSD) • $0.45 to support Debt Service for design and developer construction gap at$5,000 per space($S.SM) • Garage maintenance would be$275 per space PEMBROKE SQUARE REDEVELOPMENT 114 21 CITY AlAAA GER'S BRIEFINGS PEMBROKE REDEVELOPMENT Estimated Fiscal Impact — General Fund (Dedicating Real Estate Tax Equivalent) • 20-year cumulative revenue $48,476,540 • 20-Year cumulative expenses $33,182,300 • Estimated Net Revenue $15,294,240 • Net Present Value of Revenue $7,513,822 PEMBROKE SQUARE REDEVELOPMENT�1S For Consideration • Cost-Participate for$30,000/space for a not to exceed amount of $22.35M for the construction and an additional$2,750/space carrying cost: 745 spaces @ $32,750/space=$24.4M • Developer shortfall of$4M in construction costs and $1.5M design cost to be paid for from newly established SSD @ $.45 PEMBROKE SQUARE REDEVELOPMENT�16 _. 22 CITY AMNA GER'S BRIEFINGS BR OKE SQ UARE REDEOPMENT Next Steps • City Council may consider cost-participating in the Pembroke Square redevelopment project by paying a not to exceed amount of$22.3pM for two public parking garages with a total of 745 spaces. • If City Council is amenable,an ordinance could be added to the July 2, 2024, City Council agenda for consideration. PEMBROKE SQUARE REDEVELOPMENT�17 QUESTIONS? PEM BROKE SQUARE REDEVELOPMENT�18 Mayor / 'I his appreciation tI Mrs. Warrenforpresentation. June i 23 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#75825 4.36 P.M. Vice Mayor Wilson distributed copies of the proposed Resolution, "Supporting the Navy's Assignment of New Aircraft to the East Coast Master Jet Base at Naval Air Station Oceana", attached hereto and made apart of the record. Vice Mayor Wilson advised the purpose for the Resolution is to share with the City's federal partners to show support for Naval Air Station Oceana to be considered for any future aircraft and continue to thrive. Vice Mayor Wilson is hopeful to have the proposed Resolution on the July 2, 2024 Agenda for consideration. June 18, 2024 1 RESOLUTION SUPPORTING THE NAVY'S 2 ASSIGNMENT OF NEW AIRCRAFT TO THE EAST 3 COAST MASTER JET BASE AT NAVAL AIR STATION 4 OCEANA 5 6 7 WHEREAS, the City of Virginia Beach proudly serves as the location of Naval Air 8 Station Oceana (NAS), which is the United States Navy's East Coast Master Jet Base; 9 10 WHEREAS, the Navy's presence and the more than 13,000 naval personnel 11 stationed at NAS Oceana, their spouses and children, as well as Navy retirees who 12 formerly served at NAS Oceana, are a source of pride for the City and a part of the fabric 13 of the City of Virginia Beach; 14 15 WHEREAS, retaining NAS Oceana as the East Coast Master Jet Base as the 16 City's largest employer and the cause for the hundreds of specialized local and regional 17 contracting companies supporting the base's operations, is vital to preserving the 18 economic vitality of the City of Virginia Beach, the region, and the Commonwealth of 19 Virginia, and; 20 21 WHEREAS, the City of Virginia Beach provides the quality of life essential to 22 supporting the military community, including quality housing, ample spousal employment 23 opportunities, safe neighborhoods, an excellent school system, and award-winning 24 community recreational facilities; and 25 26 WHEREAS, the City of Virginia Beach has been recognized for its high quality of 27 life and support for the military community, having been repeatedly named a top 28 community for veterans to live and work, having been previously named the Active Base 29 Community of the Year by the Association of Defense Communities, and consistently 30 being named as one of the best cities in the nation to raise a family; and 31 32 WHEREAS, the City Council of the City of Virginia Beach understands and 33 appreciates that NAS Oceana is a vital centerpiece to naval air warfare and a key 34 component of our nation's defense; 35 36 WHEREAS, the City Council understands that the Department of Defense 37 continually evaluates military installations to ensure efficient, modern operations, with a 38 view toward streamlining its resources and enhancing national defense mission 39 requirements and military readiness; and 40 41 WHEREAS, for nearly two decades the City Council has undertaken significant 42 long-term measures to enhance the viability of NAS Oceana as an active military 43 installation in the City of Virginia Beach, including incorporating the Navy's compatibility 44 standards into the City's zoning ordinance, reviewing with Navy personnel any proposed 45 new developments in the Air Installation Compatible Use Zone footprint, and spending 46 over $130 million in state and city funds to acquire non-conforming homes and 47 businesses from willing sellers around the base (AICUZ Program); and 48 49 WHEREAS, the City's Mayor and City staff regularly meet with the NAS Oceana 50 Commanding Officer and staff to communicate, coordinate and understand each other's 51 operational activities and to address any concerns; 52 53 WHEREAS, in addition to its pledged ongoing support through its AICUZ Program, 54 the City wishes to invite the Department of Defense to count on Virginia Beach's support 55 as it considers the assignment of any present and future generations of defense aircraft 56 needed to keep NAS Oceana fully equipped for its important mission; 57 58 WHEREAS, the City of Virginia Beach takes great pride in and fully supports the 59 continued operation of NAS Oceana as the East Coast Master Jet Base; and 60 61 WHEREAS, the City Council believes it would be in the best interest of the citizens 62 of Virginia Beach, the region and the state to continue to show its unwavering support for 63 retaining Naval Air Station Oceana as the East Coast Master Jet Base, including 64 welcoming additional next generation and future aircraft to the City of Virginia Beach. 65 66 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 67 VIRGINIA BEACH, VIRGINIA: 68 69 That the City Council hereby affirms its continuing strong support for Naval Air 70 Station Oceana and welcomes the addition of next and future generation fleet aircraft or 71 other modernization to ensure NAS Oceana remains the East Coast Master Jet Base and 72 stays ready to handle all aviation mission requirements. 73 74 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 75 of 2024. 76 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney CA16479 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d008\p056\00958013.docx R-1 June 18, 2024 24 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#75826 (Continued) Council Member Taylor referenced the recent passing of House Bill(HB) 456, authorizing municipalities to increase compensation for Mayors and Council Members. Council Member Taylor advised he was asked by Vice Mayor Wilson to bring this up today since he will not benefit from this unless he is successful in November to become Mayor. Council Member Taylor asked if there was no opposition, he would like Brent McKenzie, Assistant to the City Manager—Legislative Affairs Director, to provide the public additional information. Council Member Taylor advised he has heard from several citizens who are concerned for the City in relation to the current part-time salary for a full-time commitment and the ability to retain and attract talented residents to run for office. Mayor Dyer expressed his appreciation to Council Member Taylor for bringing this up today but is concerned for the timing due to budget constraints and some of the challenges the City is facing. Mr. McKenzie advised HB 456 allows City Council's across the Commonwealth to increase their salaries based in part on the size of their locality. Mr. McKenzie explained since the City's population is over 260,000, the Mayor's salary can increase from $30,000 to $56,000 and Council Members can increase from $28,000 to $52,000. There is a clause that allows for the cap to be adjusted annually to address inflation up to 5016. Mr. McKenzie advised a Public Hearing would be required and the Ordinance would have to be adopted four(4) months prior to the next election, which is July 5, 2024. The salary increase would not take effect until after the November 2024 election, on July 1, 2025. Mr.McKenzie advised if the Body does not take this up this year and waits until next year, the increase would not take effect until July 2027. Mr. McKenzie advised Dana Harmeyer, Senior City Attorney, can provide the advertising requirements. Mr. Harmeyer advised the Public Hearing advertisement would need to run for two (2) weeks, either on subsequent Sunday's or Monday's and would make the Public Hearing and vote for the Ordinance to occur on July 2"d. Mr. Harmeyer advised the Body does not traditionally hold a Public Hearing and vote for the proposed Ordinance/Resolution on the same night, however, it can be done at the Body's discretion. City Attorney Stiles suggested the Body could call for a Special Session to be held after July 2"d but must be held prior to the July Yh deadline. Council Member Schulman advised he does not mean for any disrespect and went on to explain since the Body is required to have three(3)Council Member's support to add a presentation to the Agenda, with the exception of the Mayor or City Manager, he disagrees with how this item was brought forward today and hopes the Council Comments portion of the Agenda will not be used again to have staff provide a presentation. Council Member Schulman advised he would have supported having a presentation on the issue and agrees it should be discussed but not in this way. June 18, 2024 25 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75826 (Continued) Council Member Rouse does not believe now is a good time to bring this forward as there is not enough time to inform the public but does believe it should be considered at a later time to encourage younger people to run for office. Council Member Rouse advised this Body is one of the youngest in along time, and while there are intrinsic motivations for running for office such as wanting to serve the community and help,people have to pay their bills at the same time. Council Member Rouse advised young people cannot afford to run for office and can face being put in a compromising position if they are bought out. Council Member Rouse believes it is a disservice to the public if Council Members are spread so thin due to working so many hours at their job, taking care of their family and themselves. Council Member Rouse advised it would be fair to consider the impact of compensation on recruiting candidates. Council Member Taylor advised he was told by Vice Mayor Wilson to bring this up during Council Comments. Council Member Wooten suggested looking at the salaries for other Council Members in similar localities. Mayor Dyer agreed with Council Member Rouse and believes waiting will give the economy time to fully recover. June 18, 2024 26 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#7582 7 (Continued) Council Member Wooten advised City Offices will be closed tomorrow in observation of the Juneteenth federal holiday. Council Member Wooten has been impressed with the events she recently attended and advised there will be more celebrations tomorrow. Council Member Wooten believes the expansion of activities and programming this year will help the City reach the goal of being a premier place for Juneteenth celebrations. Council Member Wooten believes the commemoration of what Juneteenth really is brings people together. Council Member Berlucchi advised he is looking forward to attending the celebration tomorrow morning at the 24`h Street Park. June 18, 2024 27 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#75828 (Continued) Council Member Ross-Hammond provided the following comments: - Attended the Juneteenth celebration organized by the Virginia African American Cultural Center (MA CC) and the Arts for Learning at the Chrysler Museum and went to the ViBe Creative District stage where there was a skit and jazz performances. - The VAACC presented their third round of scholarships awarded to two (2) youth in Chesapeake, one will study the arts and the other will study sports journalism. - Attended the Minority Business Council (MBC) retreat last Friday from 8:30 A.M. to 12:00 P.M. at the HIVE and recognized their outreach committee who have helped to raise funds to bring in additional speakers and expand on the services they provide Mayor Dyer advised the City was the first in the Commonwealth to declare Juneteenth as a holiday and believes it is a point of pride for the City. June 18, 2024 28 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75829 (Continued) Council Member Berlucchi congratulated Dr. Virginia Jenkot who was recently elected as Chair of the Human Rights Commission(HRC). Council Member Berlucchi also expressed his appreciation to the past Chair, Sylvia Strickland for her dedication and commitment through the Commission's difficult times. Council Member Berlucchi added, he would like to invite anyone interested in attending the Pride at the Beach event this Sunday from 2:00 — 11:00 P.M. at the 31" Street Park. Council Member Berlucchi expressed his appreciation to staff from the Convention and Visitors Bureau and Beach Events for their partnership and professional expertise in organizing this event. June 18, 2024 29 AGENDA REVIEW SESSION ITEM#75830 4:58 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to TRANSFER $37,713 from General Fund Vacancy Savings and AUTHORIZE a grant to the First Lynnhaven Baptist Church re offset a portion of the costs associated with the Youth Enrichment Summer Camp (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Ross-Hammond and Wooten) 2. Ordinance to APPROPRIATE$224,520 from the Tourism Investment Program(TIP)Fund to the FY 2024-25 Economic Development Operating Budget re continue Freebee Services through October 31, 2024 (Requested by Mayor Dyer and Council Members Remick, Ross-Hammond, Rouse, Schulman, and Wooten) 3. Ordinance to APPROPRMTE$75,000 from the Tourism Investment Program (TIP)Fund to the FY 2023-24 Non-Departmental Operating Budget and AUTHORIZE a grant to the Virginia Beach Jaycees re enhancements to the East Coast Surfing Championship (ECSC)—Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Remick, Ross-Hammond, Rouse and Schulman 4. Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group (Requested by Mayor Dyer and Council Member Schulman) 5. Ordinance to AUTHORIZE the acquisition in fee simple for the 17`h Street Improvement Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 and the acquisition of temporary and permanent easements, either by agreement or condemnation re improved function and connectivity 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5)years for City-owned property with the Virginia Beach Maritime Museum,Inc. at 24�h Street and Atlantic Avenue, together with the building re "Old Coast Guard Building" 7. Resolution to DIRECT the City Attorney to f le a Petition for a Writ of Special Election re Office of Council Member,District 8 8. Ordinance to ADD City Code Section 33-113.3 re encroachments in Sandbridge Waterways 9. Ordinance to AMEND City Code Sections 37-71, 37-72 and 37-72.1 re backflow prevention devices June 18, 2024 30 AGENDA REVIEW SESSION ITEM#75830 (Continued) 10. Ordinance to AMEND the Title ofArticle UI of Chapter 35 and Sections 35-252 and 18-104.1 and REPEAL City Code Sections 18-59 and 18-60 re taxes upon businesses that rent tangible personal property(Requested by Commissioner of Revenue) 11. Ordinance to AMEND the Title ofArticle VII Chapter 35 and City Code Sections 35-158 and 35- 161 through 35-169 re Transient Occupancy Tax(Requested by Commissioner of Revenue) 12. Ordinance to ADOPT a revised Policy re remote participation by Council Members in Council Meetings 13. Resolution to RE ADOPT Procedures re Selection, Evaluation and Award of Design-Build and Construct Management Contracts 14. Ordinance to AUTHORIZE temporary encroachments into a 5'City-owned drainage and utility easement at 2116 West Admiral Drive re construct and maintain a boat lift, vinyl bulkhead, and an existing wood bulkhead DISTRICT 8 15. Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with TFJG Canopy, LLC and APPROPRIATE$1-Million from the Fund Balance of the General Fund to the FY 2024- 25 Planning Operating Budget to meet obligations re construction of intersection improvements at Laskin Road and Winwood Drive 16. Resolution to RENEW permits to ALLOW Emergency Medical Services agencies to operate in the City re American Medical Response Mid-Atlantic, Inc.; Children's Hospital of King's Daughters;Lifecare Medical Transports,Inc.;MB Solutions,LLC;Midwest Medical Transport; Nightingale Regional Air Ambulance; Reliance Medical Transport; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medical, Inc. and Tidewater Medical Transport,Inc. 17. Ordinance to APPOINT Dana R. Harmeyer to the position of Deputy City Attorney, effective July 11, 2024 18. Ordinance to APPOINT Victoria R. Eisenberg to the position of Deputy City Attorney, effective July 11, 2024 19. Ordinance re the Compensation of the City Manager effective July 1, 2024 (Requested by City Council) 20. Ordinance re the Compensation of the City Attorney effective July 1, 2024 (Requested by City Council) June 18, 2024 31 AGENDA REVIEW SESSION ITEM#75830 (Continued) 21. Ordinance re the Compensation of the City Clerk effective July 1, 2024 (Requested by City Council) 22. Ordinance re the Compensation of the City Real Estate Assessor effective July 1,2024(Requested by City Council) 23. Ordinance re the Compensation of the City Auditor effective July 1, 2024 (Requested by City Council) 24. Ordinance to ACCEPT a donation of Radiation Detection Equipment from the Securing the Cities (STC)Program re replace Fire Department aging and outdated equipment 25. Ordinance to ACCEPT and APPROPRIATE$2,155,634 from the Virginia Office of Children's Services to the FY2023-24 Human Services Operating Budget and AUTHORIZE a local match of $538,762 re Children's Services Act(CSA)Program 26. Ordinance to ACCEPT and APPROPRIATE $237,658 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re support the Permanent Supportive Housing Program 27. Ordinance to ACCEPT and APPROPRIATE $200,000 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re modernize the Electronic Healthcare Record System 28. Ordinance to ACCEPT and APPROPRIATE$99,452 and$56,830 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re expand Community Based Substance Use Services K. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER WOOTEN WILL ABSTAIN ON ITEM#3 ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#15 WILL BE CONSIDERED SEPARATELY June 18, 2024 32 AGENDA REVIEW SESSION ITEM#75830 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. CARL R. ELLIS, JR for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the lot to create two (2) single-family dwelling lots at 2620 Broad Bay Road DISTRICT 8(Deferred from April 16, 2024) L.PLANNING ITEM ITEM#I WILL BE CONSIDERED SEPARATELY June 18, 2024 33 ITEM#75831 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-371](A), Code of Virginia, as amended,for the following purpose: 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) • Princess Anne Village CPA PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies and Appointees June 18, 2024 34 ITEM#75831 (Continued) Upon motion by Council Member Rouse,seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 5:02 P.M. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 5:02 P.M. — 5:13 P.M. Closed Session 5:13 P.M. — 5:52 P.M. June 18, 2024 35 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL JUNE 18,2024 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, June 18, 2024, at 6.00 P.M. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION: Chaplain Sandra Deadwyler Virginia Beach Police Department, 4th Precinct 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. June 18, 2024 36 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a "personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. June 18, 2024 37 VLF CERTIFICATION ITEM#75832 Upon motion Council Member Ross-Hammond, seconded by Council Member Rouse, 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: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 B��y.p Z a c } 6 l 0' OUR N0104S RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#75831 on Page 34 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 certi flcation by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOL VED: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. N A \, Am nd ar s, M City rk June 18, 2024 38 ITEM— VI.G.I MINUTES ITEM#75833 Upon motion by Council Member Remick, seconded by Council Member Rouse, City Council APPROVED the MINUTES of the FORMAL SESSION of May 28,2024 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 39 ITEM— VI.G.2 MINUTES ITEM#75834 Upon motion by Council Member Remick, seconded by Council Member Rouse, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 4,2024 Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 40 ITEM— VI.G.3 MINUTES ITEM#75835 Upon motion by Council Member Remick, seconded by Council Member Rouse, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of June 11,2024 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 41 ITEM— VI.H.I MAYOR'S PRESENTATION ITEM#75836 PROCLAMATION AMATEUR RADIO WEEK JUNE 17-21 Mayor Dyer welcomed Douglas Duggan, President — VA Beach Ham Radio Club and read the Proclamation recognizing the week of June 17-21 as, "AMATEUR RADIO WEEK'; and called upon citizens to join in on celebrating amateur radio operators who have worked with the Emergency Management Office for over sixty (60) years providing emergency radio communications during emergencies and working around the City doing special radio events. Mr. Duggan expressed his appreciation to City Council for their continued support and this recognition. June 18, 2024 G�I''B�4c U 6 a Proclamation %4iereas: 9fie city of Virginia Beach has more than 800 LicensedAmateurWw Operators who have demonstrated their value in pu6ac assistance 6y providing emergency radio communications;and 10ereas: 9heAmateurWw Operators workwithout compensation from the city in the best interests of the citizens as weffas the world,•and 'GW iiertas: AmateurWgdw Operators are on alert for any locarorgro6ademergency andcommitted to being a critical resource in homelandsecurity efforts;and Wiereas: Amateur 2odw Operators practice their communications skills, most nota6Cy during the American radio relay fierdday 2024 eXercise to be herdon June 22 and23 this year,and `DW iemas: Members of the Virginia BeachAmateurWo Club give of their time and talent and hard work for the Cast 60 p[us years to educate others on the importance ofAmateur Ww Operations, Now,Mutt I,(Rp6ert M. "Bo66y"Dyer,Mayor of the City of Virginia Beach, Virginia,do hereby proclaim: ,AWAgwz1R'XD%dqILDI0 WEEK-I' W E 17-21 In Virginia Beach, I call upon the citizens to join us in ce[ebrating the Amateur Wdw Week for providing help for over 60 years,for wor(}ng with the emergency management office, and has a seat and mom in the EOG 'For working at a!l emergency shelters in times of emergency service and spreading the wordandworking aroundthe city doing specialradw events. In 'Witness ' L-reof, I have hereunto set my hand and caused the Official Sea[of the City of Virginia Beach, 'Virginia, to be affixed this Eighteenth (Day of,dune, Two Thousand and Twenty- �F'our. Wp6ert M. "Bo66y"(Dyer Mayor 42 ITEM— VI.L1 PUBLIC HEARINGS ITEM#7583 7 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION OF AGRICULTURAL LAND PRESERVATION(ARP)EASEMENT Installment Purchase Agreement for 57.70 acres at 3645 Muddy Creek Road and 66.79 acres at 3141 Land of Promise Road and Blackwater Road There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING June 18, 2024 43 ITEM— VI L2 PUBLIC HEARINGS ITEM#75838 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATION AND SALE OF EXCESS CITY PROPERTY 1452& 1456 Bartow Place and 207 Webster Place There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING June 18, 2024 44 ITEM— VLJ FORMAL SESSION AGENDA ITEM#75839 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6)minutes to speak on all items. The City Clerk called the following speakers: Katherine Howell, 5809 Coastal Pointe Drive#207, Phone: 817-524-5 73 7, did not respond Craig Henson, 1825 Garden Drive, Phone: 201-0744, spoke in OPPOSITION of K.• 17, 18, 19, 20 and 23 and in SUPPORT off-21 and 22 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resoludon K. 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20,21,22,23,24,25,26,27 and 28 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None K. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER WOOTEN WILL ABSTAIN ON ITEM#3 ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#15 WILL BE CONSIDERED SEPARATELY L.PLANNING ITEM ITEM W WILL BE CONSIDERED SEPARATELY June 18, 2024 45 ITEM— VI.KI ORDINANCESIRESOL UTIONS ITEM#75840 Upon motion by Council Member Berlucchi, seconded by Vice Mayor Wilson, City Council ADOPTED Ordinance to TRANSFER$3 7,713from General Fund Vacancy Savings and AUTHORIZE a grant to the First Lynnhaven Baptist Church re offset a portion of the costs associated with the Youth Enrichment Summer Camp (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Ross- Hammond and Wooten) Voting: 10- 1 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, 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 Voting Nay: Barbara M. Henley Council Members Absent: None June 18, 2024 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, ROSS-HAMMOND, AND WOOTEN 1 AN ORDINANCE TO TRANSFER VACANCY SAVINGS 2 IN THE GENERAL FUND AND TO AUTHORIZE A 3 GRANT OF $37,713 TO FIRST LYNNHAVEN BAPTIST 4 CHURCH FOR A YOUTH ENRICHMENT SUMMER 5 CAMP 6 7 WHEREAS, First Lynnhaven Baptist Church is hosting a Youth Enrichment 8 Summer Camp from June through August-, and 9 10 WHEREAS, the Youth Enrichment Summer Camp provides programming to 11 include academics, job preparation, socialization, physical education and health issues, 12 and citizenship and introduction to financial literacy,- 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 The City Council authorizes the transfer of vacancy savings within the General 18 Fund in an amount of $37,713 and hereby authorizes a grant of $37,713 to the First 19 Lynnhaven Baptist Church to offset a portion of the costs associated with the Youth 20 Enrichment Summer Camp_ Such funds shall be expended in accordance with the 21 requirements and restrictions of Virginia Code § 15.2-953(A). Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day of June , 2024. APPROVED AS TO LEGAL SUFFICIENCY.- City- rney's Office CA16541 R-1 June 7, 2024 46 ITEM— VI.X 2 ORDINANCESIRESOL UTIONS ITEM#75841 Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, City Council ADOPTED Ordinance to APPROPRIATE$224,520 from the Tourism Investment Program(TIP)Fund to the FY 2024-25 Economic Development Operating Budget re continue Freebee Services through October 31,2024(Requested by Mayor Dyer and Council Members Remick,Ross-Hammond,Rouse, Schulman, and Wooten) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 REQUESTED BY MAYOR DYER AND COUNCILMEMBERS REMICK, ROSS- HAMMOND, ROUSE, SCHULMAN, AND WOOTEN 1 AN ORDINANCE TO APPROPRIATE $224,520 FROM 2 THE FUND BALANCE OF THE TOURISM INVESTMENT 3 PROGRAM (TIP) FUND TO CONTINUE FREEBEE 4 SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $224,520 is hereby appropriated from the fund balance of the TIP Fund, with 10 revenue increased accordingly, to the FY 2024-25 Operating Budget of the 11 Department of Economic Development to continue micro-transit services in the 12 Resort Area using Freebee services. 13 14 2. The effective date of this ordinance is July 1 , 2024. Requires an affirmative vote by a majority of all of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of June 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services orney's Office CA16544 R-1 June 12, 2024 47 ITEM— VIX 3 ORDINANCESIRESOL UTIONS ITEM#75842 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE$75,000 from the Tourism Investment Program(TIP)Fund to the FY 2023-24 Non-Departmental Operating Budget and AUTHORIZE a grant to the Virginia Beach Jaycees re enhancements to the East Coast Surfing Championship(ECSC)—Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Remick,Ross-Hammond, Rouse and Schulman Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor and Vice Mayor Rosemary Wilson Council Members Abstaining: Sabrina D. Wooten Council Members Absent: None June 18, 2024 �4GlN1A BEgc� U ra malty Of �TlY-g11Z1� Be�Cll L i 6 OF OUR NATaN June 18, 2024 VBgov.com Sabrina D.Wooten CELL:(757)797-5625 Council Member P.O.Box 6665 District 1-Centerville VIRGINIA BEACH,VA 23456 Refer to File No. 0089169 EMAIL:swooten@vbgov.com Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the ordinance to appropriate$75,000 from the Tourism Investment Program (TIP)Fund to the FY 2023-24 Non-Department Operating Budget and Authorize a grant to the Virginia Beach Jaycees for enhancements to the East Coast Surfing Championship (ECSC). 2. The Virginia Beach Jaycees has disclosed that TowneBank is a service provider with respect to this transaction. I have business dealings with TowneBank, which is located at 600 22°d Street in Virginia Beach. 3. I will abstain from voting on this matter. 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, /f t A,r S brina D. oten ouncilmember SDW/DRH REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS REMICK, ROSS-HAMMOND, ROUSE, AND SCHULMAN 1 AN ORDINANCE TO APPROPRIATE $75,000 2 FROM THE FUND BALANCE OF THE TOURISM 3 INVESTMENT PROGRAM (TIP) FUND AND TO 4 AUTHORIZE A GRANT TO THE VIRGINIA BEACH 5 JAYCEES FOR ENHANCEMENTS TO THE EAST 6 COAST SURFING CHAMPIONSHIPS 7 8 WHEREAS, the East Coast Surfing Championships ("ECSC") is celebrating its 9 62th anniversary this year; 10 11 WHEREAS, ECSC is the longest, continually running surfing championship in the 12 world; 13 14 WHEREAS, ECSC will be held August 18-25, 2024; 15 16 WHEREAS, the ECSC is an event hosted by the Virginia Beach Jaycees, which 17 is a nonprofit organization providing opportunities for leaders within the City; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, THAT: 21 22 1 . $75,000 is hereby appropriated from the fund balance of the TIP Fund to 23 the FY 2023-24 Non-Departmental Section of the Operating Budget for a grant to the 24 Virginia Beach Jaycees. Such grant is to be consistent with the attached Exhibit A, 25 Summary of Terms. 26 27 2. In the event that the grant agreement and disbursement of grant funds is 28 not completed prior to June 30, 2024, the funds appropriated in paragraph 1, supra, 29 shall be re-appropriated in the same manner as provided for capital projects in Section 30 9 of the FY 2024-25 Capital Improvement Program Appropriation Ordinance to allow the 31 City to execute the grant agreement and disburse the grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of June 2024. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: of the City Attorney CA16545 R-3 June 12, 2024 EXHIBIT A SUMMARY OF TERMS TYPE OF AGREEMENT: Grant Agreement EVENT: East Coast Surfing Championships ("ECSC") PARTIES: Virginia Beach Jaycees, a nonprofit corporation (VB Jaycees) (the "Grantee") and the City of Virginia Beach ("City") GRANT AMOUNT: $75,000 GRANT TERMS: Grantee to provide the same reporting as required by recipients of Community Opportunity Grant (COG). Grantee to use grant funds to support enhancements to the 62nd ECSC. Grantee to provide certain reporting of the impact of the City's participation to allow the City to determine return on investment. City to receive commitments from Grantee that the ECSC will not seek sponsorships from destination marketing organizations that directly compete with the City for tourism engagement. 48 ITEM— VI X 4 ORDINANCESIRESOL UTIONS ITEM#75843 Upon motion by Council Member Schulman,seconded by Council Member Rouse, City Council ADOPTED Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group (Requested by Mayor Dyer and Council Member Schulman) Voting: 9-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson Council Members Voting Nay: Chris Taylor Sabrina D. Wooten Council Members Absent: None June 18, 2024 REQUESTED BY MAYOR DYER AND COUNCILMEMBER SCHULMAN 1 A RESOLUTION ESTABLISHING A STORMWATER 2 MANAGEMENT IMPLEMENTATION ADVISORY 3 GROUP 4 5 WHEREAS, the City Council created the Process Improvement Steering 6 Committee ("PISC") to provide recommendations to improve various aspects of the City's 7 government; 8 9 WHEREAS, the City Council referred the "Resolution to Adopt and Amend the 10 Virginia Beach Comprehensive Plan 2016 regarding the Stormwater Impacts for 11 Discretionary Land Use Applications" to the PISC, and the PISC has recommended the 12 establishment of a "work group to provide recommendations regarding how best to 13 balance the need for stormwater management and flooding protection with development 14 and redevelopment opportunities;" 15 16 WHEREAS, the City Council agrees that such a work group would be beneficial; 17 18 WHEREAS, Initiative 2 of the City's FY24-25 Focused Action Plan ("Focused 19 Action Plan") establishes as a priority the development of a plan "for a responsibly built 20 environment that preserves and protects the community's natural resources ... allows for 21 sustainable growth [and supports the creation and maintenance of affordable housing 22 and a strong economy;" 23 24 WHEREAS, Initiative 2.2 of the Focused Action Plan contemplates a desire to 25 reaffirm the City's Strategic Growth Areas Plan "to ensure appropriate economic growth 26 opportunities while preserving rural and suburban areas" and to "focus development and 27 redevelopment along major transportation [and infrastructure] corridors;" and 28 29 WHEREAS, finding ways to encourage development and redevelopment in the 30 City's Strategic Growth Areas and in other locations in the City that are less at-risk of 31 flooding and that do not abut neighborhoods or environmentally sensitive areas would be 32 in the best interest of the community and would be a critical aspect of the work to be 33 performed by the aforementioned work group; 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That the City Council hereby establishes the Stormwater Management 39 Implementation Advisory Group ("Advisory Group"). 40 41 2. That the Advisory Group shall serve in an advisory capacity to the City Council, 42 and the City Council shall appoint its members. 43 44 3. That the Advisory Group shall consist of a total of no more than thirteen (13) 45 voting members, as follows: 46 47 a. Eleven (11) subject matter experts and industry representatives, 48 comprised as follows: 49 i. Three (3) environmental/resiliency professionals; 50 ii. Two (2) engineering consultants; 51 iii. Two (2) attorneys with environmental and land use expertise; 52 iv. Two (2) members of the real estate development community; and 53 v. Two (2) representatives from environmental protection and/or 54 conservation organizations. 55 b. Two (2) resident representatives who may, but need not, have relevant 56 subject matter experience. 57 58 4. That, in addition to the above-described voting members, the Advisory Group 59 shall include a nonvoting Planning Commission liaison and two high school students as 60 nonvoting members. A quorum of the membership shall be defined as a majority of the 61 then-appointed voting members, but no less than six. 62 63 5. All members of the Advisory Group shall be residents of the City of Virginia 64 Beach, except that the voting members described in Section 3(a)(i) and 3(a)(v) may 65 include (collectively) no more than two (2) non-residents who, by virtue of their unique 66 qualifications and experience, would add invaluable contributions to the Advisory Group, 67 as determined by the City Council. 68 69 6. That the duties of the Advisory Group shall be to: 70 71 . Further review the topic of stormwater management and its impact and 72 consequences on land use and redevelopment issues; 73 . Identify whether there are any opportunities, advantages, or disadvantages 74 to strengthening regulation alignment and specificity based on the City's 75 varied drainage basins, and a property's land use and zoning 76 characteristics; 77 . Formalize a cost-sharing program relative to stormwater infrastructure and 78 policy to include developing criteria for cost-sharing eligibility; and 79 . Determine whether there are any opportunities to advance/incentivize 80 Council-adopted policy and/or planning objectives, such as affordable 81 housing, the preservation and enhancement of our City's tree canopy and 82 open spaces, enhanced water quality, more sidewalks and paved paths, 83 utilization of nature-based stormwater management practices in addition to 84 grey infrastructure solutions, implementation of regional stormwater 85 solutions, strategic and resilient approaches to redevelopment in our City's 86 Strategic Growth Areas and in areas of our City that are less at-risk of 87 flooding and that do not abut neighborhoods or environmentally sensitive 88 areas, and other preferred land use approaches, through stormwater 89 management. 90 91 7. That the City Manager shall provide staff support on an as-needed basis (from 92 the Economic Development Department, Planning Department, the Department of Public 93 Works, the Office of Performance and Accountability, and any other relevant department) 94 and other support to the Advisory Group, including a professional facilitator to guide group 95 meetings, and the City Attorney shall also provide staff support. 96 97 8. That the Advisory Group may begin to meet upon the appointment of its 11th 98 voting member. The Advisory Group shall provide its recommendations to the City 99 Council within six months of the appointment of its 11 th voting member. Adopted by the Council of the City of Virginia Beach, Virginia, on the T 8 t h day of .Tune 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16215 R-7 June 12, 2024 49 ITEM— VI.IL5 ORDINANCESIRESOL UTIONS ITEM#75844 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition in fee simple for the 17`*Street Improvement Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 and the acquisition of temporary and permanent easements, either by agreement or condemnation re improved function and connectivity Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE TO AUTHORIZE a ACQUISITION IN FEE SIMPLE FOR THE 17tn 3 STREET IMPROVEMENTS PHASE I PACIFIC 4 AVENUE TO CYPRESS AVENUE PROJECT, 5 CIP 100001, AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS 7 EITHER BY AGREEMENT OR s CONDEMNATION 9 to WHEREAS, the 17th Street Improvements Phase I Pacific Avenue to Cypress 11 Avenue Project, CIP 100001 (the"Project"), is a roadway improvements project to improve 12 transportation, stormwater, public utilities and safety within the City and for other related 13 public purposes for the preservation of the safety, health, peace, good order, comfort, 14 convenience, and for the welfare of the people in the City of Virginia Beach; 15 16 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 17 public necessity exists for the construction of this important roadway project to provide 18 improved functioning and connectivity, including wider sidewalks, bicycle lanes, traffic 19 signals, curb and gutter, and accessibility upgrades including improved crosswalks and ao curb ramps along four lanes of traffic. The Project will also provide associated utility 21 improvements, including undergrounding of overhead utilities, new stormwater, sanitary as sewer, and water infrastructure. 17th Street, which is the eastern end of Virginia Beach 23 Boulevard, serves as one of several vehicular priority streets providing a direct connection 24 and gateway to the Oceanfront from all points west to local businesses, and this Project will 25 make the corridor more accessible and functional for the preservation of the safety, health, 26 peace, good order, comfort and convenience and for the welfare of the people in the City of 27 Virginia Beach. as 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 Section 1. That the City Council authorizes the acquisition by purchase or 33 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 34 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 35 simple, including temporary and permanent easements (the "Property"), as shown on the 36 Project plans entitled 17T" STREET IMPROVEMENTS PHASE I PACIFIC AVENUE TO 37 CYPRESS AVENUE CIP NO. 100001,"and more particularly described on the acquisition 38 plats for the Project (plats and plans collectively referred to as the"Plans"), the Plans being 39 on file in the Engineering Division, Department of Public Works, City of Virginia Beach, 40 Virginia. 41 42 Section 2. That the City Manager is hereby authorized to make or cause to be made 43 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 44 offer to the owners or persons having an interest in said Property. If refused, if the property 45 owners are unable to convey clear title, or if the owners cannot be identified or located, the 46 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 47 to condemn to acquire title to the Property. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 th day of s0 June 2024. CA16281 R-1 5/6/2024 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d005\p048\00943282.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM b P BL C WORK /R AL ESTATE CITY A ORNEY 50 ITEM— VI.K.6 ORDINANCESIRESOL UTIONS ITEM#75845 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5) years for City-owned property with the Virginia Beach Maritime Museum,Inc. at 24`h Street and Atlantic Avenue, together with the building re "Old Coast Guard Building" Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH VIRGINIA BEACH MARITIME 4 MUSEUM, INC., FOR CITY-OWNED PROPERTY 5 LOCATED AT 241h STREET AND ATLANTIC 6 AVENUE, TOGETHER WITH THE BUILDING 7 COMMONLY KNOWN AS THE "OLD COAST GUARD 8 BUILDING" 9 10 WHEREAS, the City of Virginia Beach (the "City") owns property located at 24th 11 Street and Atlantic Avenue (GPIN: 2427-19-4622), together with the Old Coast Guard 12 Building (the "Property"), which currently houses the Virginia Beach Maritime Museum 13 (the "Museum"); 14 15 WHEREAS, by authority of ORD-3333F, the City Manager entered into a lease 16 with the adjacent property owner, 23 Atlantic, LLC, for a small strip of land along the 17 southern boundary of the Property to enable the adjacent property owner to maintain 18 pile caps to physically support the adjacent building (the "23 Atlantic Lease"); 19 20 WHEREAS, the 23 Atlantic Lease is specifically excepted from the renewal of the 21 lease with Virginia Beach Maritime Museum, Inc., a non-stock Virginia corporation 22 ("VBMM"); 23 24 WHEREAS, VBMM has previously leased the Property and operated the 25 Museum, and would like to enter into a new lease with the City for the Property; 26 27 WHEREAS, VBMM has been paying the City one dollar ($1.00) per year in rent 28 and the City has provided the Museum with utilities, housekeeping and maintenance; 29 30 WHEREAS, the Museum is important to the City's museum program and to the 31 preservation of the City's maritime history; 32 33 WHEREAS, profits from sales from the gift shop are utilized for the upkeep of the 34 existing maritime exhibits and for purchase or creation of new exhibits; and 35 36 WHEREAS, the Property will continue to be used for operation of the Museum, a 37 gift shop and office space. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 That the City Manager is hereby authorized to execute a lease for up to 5 years 43 between VBMM and the City for the Property, in accordance with the Summary of 44 Terms attached hereto as Exhibit A, and such other terms, conditions or modifications 45 as may be acceptable to the City Manager and in a form deemed satisfactory by the 46 City Attorney. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia on the 18th 49 day of June , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P rblic orks/Re 1 Estate i y A rney APPROVED AS TO CONTENT: Planning CA16427 \\Vbgov.com\dfs1\Applications\CityLaw\Cycom32\WPDOCS\D018\P047\00953074.DOC R-1 March 18, 2024 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY TO VIRGINIA BEACH MARITIME MUSEUM, INC. LESSOR: City of Virginia Beach LESSEE: Virginia Beach Maritime Museum, Inc. PROPERTY: Approximately 12,000 square feet of City property located on Atlantic Avenue at 241h Street and known as the Old Coast Guard Building, less and except that area leased by 23 Atlantic, LLC pursuant to ORD-3333F adopted on February 25, 2014 TERM: July 1, 2024 — June 30, 2029 RENT: Rent shall be one dollar ($1 .00) per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Property for a maritime museum with a gift shop and offices and no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. • Maintain signage which shall give recognition to the Lessor as a principal in the ownership and establishment of the Leased Property. • Purchase and maintain commercial general liability insurance. • Comply with all requirements for maintaining the building's status as a National Historic Site. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain Property in good condition and repair and provide minimal housekeeping services. • Pay for all utilities (except telecommunications fees), fuel, and solid waste collection. • Inspect the Property for compliance with the terms of the lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: • Either party may terminate the lease upon thirty (30) days' advance written notice to the other party. 51 ITEM— VI.K.7 ORDINANCESIRESOL UTIONS ITEM#75846 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to DIRECT the City Attorney to file a Petition for a Writ of Special Election re Office of Council Member,District 8 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO 2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION 3 FOR THE OFFICE OF COUNCILMEMBER, DISTRICT 8 4 5 WHEREAS, Councilmember Taylor, District 8, was elected for a term that ends 6 December 31, 2026: 7 8 WHEREAS, Councilmember Taylor, pursuant to City Charter § 3.02.2, has 9 tendered his resignation as councilmember, effective December 31, 2024, in order to 10 run for the Office of Mayor; 11 12 WHEREAS, Code of Virginia § 24.2-226 requires the governing body to petition 13 its circuit court for a Writ of Special Election to fill the remaining portion of the term of 14 office for a member of the City Council when that member's term of office ends in a year 15 other than the year for which a general election to fill the vacancy occurs; and 16 17 WHEREAS, the City Charter provides, "The unexpired portion of the term of any 18 councilmember who has resigned to run for mayor shall be filled at the same general 19 election;" and 20 21 WHEREAS, the general election will be held on November 5, 2024; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council directs the City Attorney to file a Petition for a Writ of 27 Special Election in the Circuit Court for the purpose of filling the vacancy in the Office of 28 Councilmember, District 8 for a term ending December 31, 2026, and requests such 29 special election to be held November 5, 2024. Adopted by the City Council of the City of Virginia Beach, Virginia, this 1 8th day of June , 2024. APPROVED AS TO LEGAL SUFFICIENCY: Cffy orney's Office CA16538 R-1 June 7, 2024 Gl�iA.$FA UCity of virgiriia Beacri 7 _ �e Z 9,D�s 0�V OF OUR NIA"00 virginiabeach.gov CHRIS TAYLOR CELL:(757)840-5859 COUNCIL MEMBER EMAIL:chtavlorCWvbgov.com DISTRICT 8 May 30, 2024 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, As required by Section 3.02:2 of the City Charter, I hereby resign my seat as the District 8 City Council representative effective December 31, 2024. This letter constitutes notice of my intention to run for the office of mayor and I understand that this resignation does not require acceptance by the Council and is final and irrevocable upon its tender. Sincerely, Chris Taylor Cc: City Clerk City Attorney City Manager 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 52 ITEM— VI.K.8 ORDINANCESIRESOL UTIONS ITEM#7584 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ADD City Code Section 33-113.3 re encroachments in Sandbridge Waterways Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 2 AN ORDINANCE TO ADD SECTION 33-113.3 TO 3 THE CITY CODE PERTAINING TO WATERWAY 4 ENCROACHMENTS IN SANDBRIDGE 5 WATERWAYS 6 7 SECTION ADDED: § 33-113.3 8 9 WHEREAS, the City Council of the City of Virginia Beach has approved funding for 10 restoring wetlands in the waterways of Back Bay, with a goal of reducing flooding; and 11 12 WHEREAS, accordingly, the council seeks to encourage waterfront development 13 practices in Sandbridge that reduce the impact on the sensitive environment of Back 14 Bay and its coves, creeks, and tributaries and that take into consideration the 15 cumulative impact of waterfront structures, boats and other motorized watercraft to be 16 used on Back Bay, and facilitating conditions to encourage growth of submerged 17 aquatic vegetation (SAV), which acts as natural flood protection. 18 19 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 20 BEACH, VIRGINIA: 21 22 That Section 33-113.3 is hereby added to the Code of the City of Virginia Beach, 23 Virginia, to read as follows: 24 25 Sec. 33-113.3 Administrative approval of temporary encroachments into City 26 property and easements in and along Sandbridge waterways and Back Bav 27 28 O The city council hereby authorizes the city manager or his designee upon proper 29 application to the department of public works, to approve any temporary encroachment 30 into city-owned waterways and city-owned property and easements adiacent to 31 waterways without prior city council approval to construct, alter or repair private use 32 boatlifts, mooring piles, piers, wharfs, floating docks, boat-ramps, shoreline stabilization 33 proiects, bulkheads, rip-rap revetments, living shorelines and associated water- 34 dependent facilities (collectively, "Pier Structures") in any of the Sandbridge waterways 35 when the following conditions are met: 36 37 (1) The owner has procured anv permits required by the city or other applicable 38 regulatory body: and 39 (2) The owner has secured approval from any board or body appointed by the 40 city to oversee the general health and welfare of the Southern Rivers watershed 41 wetlands, and any rivers, beaches or waterways; and 42 (3) The city attorney--or his designee has reviewed and approved the 43 encroachment request for compliance with relevant local ordinances and 44 resolutions, the city code, state law, federal law and regulations and that 45 adiacent property owners have been notified: and 46 The following criteria are met: 47 (A) the application is to replace existing Pier Structures that will be no 48 larger than the footprint of such existing Pier Structures being replaced: or 49 (B) the application is to replace an existing bulkhead that will be installed 50 in-line with the alignment of the existing Pier Structure, or not more than 2-feet 51 outboard of the existing structure if alignment warrants without impedina 52 navigation or impacting existing wetland vegetation: or 53 (C) the applicant is to replace or construct a rip rap revetment or shoreline 54 stabilization project that will be installed immediately channelward of an existing 55 bulkhead or in-line with any detrimental erosion occurring along the shoreline 56 Said improvements shall minimize impacts to existing wetland vegetation if 57 present to the greatest extent practicable: or 58 59 (D) the application is for proposed private-use Pier Structures that meet 60 the following design criteria: 61 (1) piers do not exceed six feet in width and finger Piers do not exceed five 62 feet in width: and 63 (ii) the total area of any L or T head platforms and appurtenant floating 64 docking platforms do not exceed, in the aggregate, 256 square feet: and 65 (iii) open-sided shelter roofs or gazebo-type structures shall not be placed 66 on platforms: and 67 (iv) the application does not propose or include open-sided roofs designed 68 to shelter a boat, boat slip or boat lift: and 69 (v) any piers, docks or wharves that are parallel to the shoreline do not 70 cover more than 50 percent of the linear waterfront frontage of the lot. 71 72 (b) The application and processing fee for such temporary encroachment shall be as 73 provided by section 33-113.02. 74 75 (c) The application for such encroachment shall include proof of notice to the adiacent 76 property owner(s). If an adjacent property owner with confirmed water access objects to 77 such application because of navigational concerns, the application shall be excluded 78 from the authorization for an administrative approval set forth by this section. 79 80 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 18 t h day of June , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: e Public Works City Attorney's i CA16069 R-1 May 30, 2024 53 ITEM— VI.K.9 ORDINANCESIRESOL UTIONS ITEM#75848 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Sections 37-71, 37-72 and 37-72.1 re backflow prevention devices Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE TO AMEND SECTIONS 37- 2 71, 37-72 AND 37-72.1 OF THE CITY CODE 3 PERTAINING TO BACKFLOW PREVENTION 4 DEVICES 5 6 Sections Amended: §§ 37-71, 37-72 and 37- 7 72.1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 37-71, 37-72 and 37-72.1 of the City Code are hereby amended 13 and reordained to read as follows: 14 15 Sec. 37-71. Maintenance and inspection of backflow prevention devices. 16 17 The consumer, at his own expense, shall install, operate, test and maintain 18 approved backflow prevention devices, as directed by the department of public utilities. 19 It shall be the duty of the consumer to have such devices inspected at least annually or 20 at such greater frequency as the director may deem necessary. Such inspections shall 21 be performed by a 22 appFeved by the diFeGtO certified Commonwealth of Virginia tradesman (Backflow 23 Prevention Device Worker). The consumer shall maintain accurate records of tests and 24 repairs made to backflow prevention devices and provide the director with copies of 25 such records. The records shall be on forms approved or provided by the director. In the 26 event of accidental pollution or contamination of the public or consumer's potable water 27 system, due to backflow on or from the consumer's premises, the owner shall promptly 28 take steps to confine further spread of the pollution of contamination within the 29 consumer's premises and shall immediately notify the director of the hazardous 30 condition. 31 32 Sec. 37-72. Inspections; notice to correct defects. 33 34 (a) The director shall have may request right of entry into any building, during 35 reasonable hours, for the purpose of making inspections of the water distribution 36 system installed in such building or premise. The owner or occupant may 37 accompany the inspector while this inspection is being made. If no approval is 38 given by the owner, a search warrant should be obtained to gain admittance unless 39 there is an emergency. 40 41 (b) All new construction plans and specifications for commercial buildings shall be 42 made available to the director and building codes administrator to determine the 43 degree of hazard of possible cross-connections. 44 45 (c) An on-site inspection of all existing buildings will be made to determine the degree 46 of hazard to the public water system. If an unauthorized cross-connection is found, 47 either actual or potential, the director shall proceed in accordance with the 48 provisions of Section 37-72.1. 49 50 Sec. 37-72.1. Violations. 51 52 . . . . 53 54 (c) In addition to disconnection of water service as set forth in this section, and Roti►a 55 isew +hereef, a violation of any of the provisions of this article shall be punishable by 56 a fine in an amount not exceeding Two Thousand, Five Hundred Dollars 57 ($2,500.00) or may be enjoined by a court of competent jurisdiction upon 58 application of the director, either or both. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of June 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Utilitie City Attorn 's ffice CA16217 R-2 May 10, 2024 2 54 ITEM— 1/7 K.10 ORDINANCESIRESOL UTIONS ITEM#75849 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the Title of Article MI of Chapter 35 and Sections 35-252 and 18- 104.1 and REPEAL City Code Sections 18-59 and 18-60 re taxes upon businesses that rent tangible personal property(Requested by Commissioner of Revenue) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE TO AMEND THE TITLE OF 2 ARTICLE XII OF CHAPTER 35 AND SECTIONS 3 35-252 AND 18-104.1 AND TO REPEAL 4 SECTIONS 18-59 AND 18-60 OF THE CITY CODE 5 REGARDING TAXES UPON BUSINESSES THAT 6 RENT TANGIBLE PERSONAL PROPERTY 7 8 SECTIONS AMENDED: 35-252 and 18-104.1 9 10 SECTIONS REPEALED: 18-59 and 18-60 11 12 WHEREAS, there is a need to harmonize the tax treatment of all businesses that 13 engage in the short-term rental of tangible personal property and distinguish the 14 nomenclature of tangible personal property rentals from the rental of residences to 15 transients; 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1. The title of Article XII of Chapter 35 and Sections 35-252 and 18-104.1 of the City 21 Code are hereby amended and reordained and Sections 18-59 and 18-60 are 22 hereby repealed as follows: 23 24 ARTICLE XII. SHORT-TERM RENTAI TAX TAX ON SHORT-TERM RENTAL OF 25 TANGIBLE PERSONAL PROPERTY 26 27 Sec. 35-252. Short-term rental tax;--Tax on short-term rental of tangible personal 28 property. 29 30 (a) Levied; amount. Pursuant to Code of Virginia § 58.1-3510.6, there is hereby 31 assessed and imposed on every person engaged in the short-term rental of tangible 32 personal property b SiRess a tax of one (1) percent on the gross proceeds of such 33 business defined in subsection (c)(1) and one and one-half (1 '/2) percent of such 34 business defined in subsection (c)(2). Such tax shall be in addition to the tax levied 35 pursuant to Code of Virginia § 58.1-605. For purposes of this section, "gross 36 proceeds" means the total amount charged to each person for the rental e# short- 37 term rental of tangible personal property, excluding any state and local sales tax paid 38 pursuant to the Virginia Retail Sales and Use Tax Act. 39 40 (b) Short-term rental property defined. For purposes of this section, "short-term rental 41 property" means all tangible personal property held for rental and owned by a person 42 engaged in the short-term rental of tangible personal property business, except 43 trailers, as defined in Code of Virginia § 46.2-100 and other tangible personal 44 property required to be licensed or registered with the department of motor vehicles, 45 department of wildlife resources game-a-Rd inland fish , or the department of 46 aviation. For purposes of this section, the terms "short-term rental property" and 47 "short-term rental of tangible personal property" shall have the same meaning_ 48 49 (c) Short-term rental of tangible personal ,property business defined. A person is 50 engaged in the short-term rental of tangible personal property business if: 51 52 (1) Not less than eighty (80) percent of the gross rental receipts of such business 53 during the preceding year arose from transactions involving the rental of short- 54 term rental property, other than heavy equipment property as defined in 55 subdivision (2), for periods of ninety-two (92) consecutive days or less, including 56 all extensions and renewals to the same person or a person affiliated with the 57 lessee; or 58 59 (2) Not less than sixty (60) percent of the gross rental receipts of such business 60 during the preceding year arose from transactions involving the rental of heavy 61 equipment property for periods of two hundred seventy (270) consecutive days 62 or less, including all extensions and renewals to the same person or a person 63 affiliated with the lessee. For purposes of this subdivision, "heavy equipment 64 property" means rental property of an industry that is described under code 65 532412 or 532490 of the 2002 North American Industry Classification System 66 as published by the United States Census Bureau, excluding office furniture, 67 office equipment, and programmable computer equipment and peripherals as 68 defined in Code of Virginia § 58.1-3503(A)(16). 69 70 For purposes of determining whether a person is engaged in the short-term rental 71 of tangible personal property business as defined in subdivisions (1) and (2), a person is 72 "affiliated" with the lessee of rental property if such person is an officer, director, partner, 73 member, shareholder, parent or subsidiary of the lessee, or if such person and the lessee 74 have any common ownership interest in excess of five (5) percent; any rental to a person 75 affiliated with the lessee shall be treated as rental receipts but shall not qualify for 76 purposes of the eighty(80) percent requirement of subdivision (1)or the sixty(60) percent 77 requirement of subdivision (2); and any rental of personal property which also involves 78 the provision of personal services for the operation of the personal property rented shall 79 not be treated as gross receipts from rental, provided however that the delivery and 80 installation of tangible personal property shall not mean operation for the purposes of this 81 subdivision. 82 83 A person who has not previously been engaged in the short-term rental of tangible 84 personal property h,�j who applies for a certificate of registration pursuant to 85 subsection (j) shall be eligible for registration upon his certification that he anticipates 86 meeting the requirements of subdivision (1) or(2), designated by the applicant, during the 87 year for which registration is sought. 88 89 In the event that the commissioner of the revenue makes a written determination 90 that a rental business previously certified as short-term rental of tangible personal 91 property business pursuant to subsection (j) has failed to meet either of the tests set forth 92 in subdivision (1) or (2) during a preceding tax year, such business shall lose its 93 certification as a short-term rental of tangible personal property business and shall be 94 subject to the business personal property tax with respect to all rental property for the tax 95 year in which such certification is lost and any subsequent tax years until such time as 96 the rental business obtains recertification pursuant to subsection (j). In the event that a 97 rental business loses its certification as a short-term rental of tangible personal property 98 business pursuant to this subsection, such business shall not be required to refund to 99 customers daily rental property taxes previously collected in good faith and shall not be 100 subject to the assessment for business personal property taxes with respect to rental 101 property for tax years preceding the year in which the certification is lost unless the 102 commissioner makes a written determination that the business obtained its certification 103 by knowingly making materially false statements in its application, in which case the 104 commissioner may assess the taxpayer the amount of the difference between the short- 105 term rental of tangible personal property taxes remitted by such business during the 106 period in which the taxpayer wrongfully held certification and the business personal 107 property taxes that would have been due during such period but for the certification 108 obtained by the making of the materially false statements. Any such assessment, and any 109 determination not to certify or to decertify a rental business as a short-term rental of 110 personal property business as defined in this subsection, may be appealed pursuant to 111 the procedures and requirements set forth in Code of Virginia § 58.1-3983.1 for appeals 112 of local business taxes, which shall apply mutatis mutandis to such assessment and 113 certification decisions. 114 115 A rental business that has been decertified pursuant to the provisions of this 116 subsection shall be eligible for recertification for a subsequent tax year upon a showing 117 that it has met one of the test provided in subdivisions (1) and (2) for at least ten (10) 118 months of operations during the present tax year. 119 120 (d) Taxation of rental property that is not short-term rental property. Except for short- 121 term rental passenger cars, rental property that is not short-term rental property shall 122 be classified for taxation pursuant to Code of Virginia § 58.1-3503. 123 124 (e) Collection, reporting re#un and remittance of tax. Any person engaged in the short- 125 term rental of tangible personal property busine-E�s, as defined by subsection (c), shall 126 collect such tax from each lessee of rental property at the time of the rental. The 127 lessor of the short-term rental property shall transmit a quarterly report return, not 128 later than the fifteenth day following the end of each calendar quarter, to the 129 treasurer, reporting the gross rental proceeds derived from the short-term rental of 130 tangible personal Property-bu6iness. The commissioner of the revenue shall assess 131 the tax due, and the short-term rental of tangible personal property business shall 132 pay the tax so assessed to the treasurer not later than the last day of the month 133 following the end of the calendar quarter. The calendar quarters end on March 31, 134 June 30, September 30 and December 31. The return shall be upon such forms, 135 approved by the commissioner of the revenue and the treasurer, setting forth such 136 information as the commissioner of revenue may require, showing the amount of 137 gross receipts and the tax required to be collected. The taxes required to be collected 138 under this article shall be deemed to be held in trust by the person required to collect 139 such taxes until remitted as required in this article. 140 141 (f) Procedure upon failure to collect, report or remit taxes. If any person, whose duty it 142 is so to do, shall fail or refuse to collect the tax imposed under this article and to 143 make, within the time provided in this article, the returns and remittances required in 144 this article, the commissioner of the revenue shall obtain facts and information 145 necessary to create an estimate of the tax due. Within ten (10) days from the date 146 the tax was due, he shall proceed to determine and assess against such person the 147 tax and the late filing penalty established in subsection (g) below, and shall notify 148 such person, by hand-delivery, facsimile, electronic mail or certified mail, of the total 149 amount of such tax and penalty; a copy of the assessment shall be delivered 150 simultaneously to the treasurer. The total amount thereof shall be payable 151 immediately, and the treasurer shall proceed to collect same as authorized by law. 152 153 (g) Failure or refusal to remit tax, penalty. If any person, whose duty it is so to do, shall 154 fail or refuse to remit the tax required to be collected and paid under this article within 155 the time specified in the article, there shall be added to such tax a penalty in the 156 amount of ten (10) percent of the tax past due or the sum of ten dollars ($10.00), 157 whichever is the greater. The assessment of such penalty shall not be deemed a 158 defense to any criminal prosecution for failing to make any return or remittance as 159 required in this article. Penalty for failure to pay the tax assessed pursuant to this 160 article shall be assessed on the first day following the day such quarterly installment 161 payment is due. 162 163 (h) Late filing penalty. 164 165 (1) If a report is not filed on or before the due date set forth in subsection (a) above, 166 there shall be added a penalty in the amount of ten (10) percent of the tax 167 assessable on such return or ten dollars ($10.00), whichever is greater; 168 provided, however, that the penalty shall in no case exceed the amount of the 169 tax assessable. Such penalty shall not be assessed until the day after the report 170 is due. Any such penalty, when assessed, shall become part of the tax. 171 172 (2) No penalty for failing to file a report shall be assessed if such failure was not the 173 fault of the taxpayer or was the fault of the commissioner of the revenue. The 174 commissioner of the revenue shall make determinations of fault relating to failure 175 to file a report. 176 177 (i) Exclusions and exemptions. No tax shall be collected or assessed on (i) rentals by 178 the commonwealth, any political subdivision of the commonwealth or the United 179 States, or (ii) any rental of durable medical equipment as defined in Code of Virginia 180 § 58.1-608(22). Additionally, all exemptions applicable in the Code of Virginia Title 181 58.1, Ch. 6 (section 58.1-600 et seq.) shall apply mutatis mutandis to the short-term 182 rental of tangible personal property tax. 183 184 (j) Renter's certificate of registration. Every person engaging in the business of short- 185 term rental of tangible personal property shall file an application for a certificate of 186 registration with the commissioner of the revenue. The application shall be on a form 187 prescribed by the commissioner of revenue and shall set forth the name under which 188 the applicant intends to operate the rental business, the subdivision of subsection (c) 189 under which the business asserts that it is qualified for classification as a short-term 190 rental of tangible personal property business, the location and such other information 191 as the commissioner may require. 192 193 Each applicant shall sign the application as owner of the rental business. If the 194 rental business is owned by an association, partnership, limited liability company, or 195 corporation, the application shall be signed by a member, partner, executive officer or 196 other person specifically authorized by the association, partnership, limited liability 197 company, or corporation to sign. 198 199 Upon approval of the application by the commissioner of the revenue, a certificate 200 of registration shall be issued. The certificate shall be conspicuously displayed at all times 201 at the place of business for which it is issued. 202 The certificate is not assignable and shall be valid only for the person in whose name it 203 is issued and the place of business designated. 204 205 (k) Criminal penalties for violation of article. Any person violating or failing to comply with 206 any provision of this article shall be guilty of a Class 3 misdemeanor. Provided 207 however, if the amount of tax due and unpaid for any quarterly installment exceeds 208 one thousand dollars ($1 ,000.00), any person failing to remit payment when due shall 209 be guilty of a Class 1 misdemeanor. The treasurer may apply for the issuance of a 210 warrant or summons for such person in the manner provided by law. 211 212 (1) Copies of reports; appeal of estimated assessment. (i) The treasurer shall provide 213 the commissioner of the revenue by the fifteenth of each month with copies of all 214 reports submitted in the preceding month by persons required to collect the tax levied 215 by this article, and (ii) any person issued an estimated assessment as described in 216 subsection (f), who is aggrieved by the assessment, may apply to the commissioner 217 of the revenue for correction as provided by Code of Virginia § 58.1-3980. 218 219 (m) Duties of the commissioner of the revenue. The commissioner of the revenue shall 220 be charged with auditing the reports required by this article, ensuring that short-term 221 rental of tangible personal property businesses are registered to collect the tax levied 222 by this article, and responding to all inquiries that may be made by taxpayers or rental 223 businesses. 224 225 (n) Duties of the city treasurer. The city treasurer shall be charged with the receipt and 226 collection of the taxes imposed and levied by this article, and shall cause the same 227 to be paid into the general treasury of the city. 228 229 . . . . 230 231 SeG. 18-59. Beash equipment rental Germ 232 233 (a) The InGense tax rate fGF eaGh person engaged in the business of renting beaGh 234 235 during the nrenediRg nnlendaF year 236 237 " shall Fnean dugout'—, 238 umbrellas nhahrs 4ndbreakero air floats and life rafts 239 240 . 241 242 243 4 n the Gity shall be 0.36 peFGent ef the gross reGeipts in SUGh business during-the 244 preredinn GalendaF year. 245 246 (b) All sur-fbeards offered for rent shall be marked with a permaRent identifiGation 247 iRdinuting that they are for rent ,y they are ��.��„ . 248 249 (G) Ne liGense shall be issued for the rental of surfbeards URtiI the app"Gant therefor sha44 250 have presented a GertifiGate, approved by the Gity attorney as to form and surety, 0 251 252 and $300,000.00 per aGGident and property darnage liability insuranGe on the amount 253 . 254 255 . . . . 256 257 Sec. 18-104.1. Short-term rental of tangible personal property business. 258 259 Every person engaged in the short-term rental of tangible personal property 260 b shnes as defined in section 35-252 of this Code shall be classified in the category of 261 retail sales and shall pay a license tax rate equal to that imposed in section 18-89 on 262 merchants, retail. For purposes of this section and section 35-252, the rental of beach 263 equipment and the rental of surfboards shall be considered the short-term rental of 264 tangible personal property if such rentals meet the classification provided by section 35- 265 252(c)(1) or (c)(2). 266 267 2. The effective date of this ordinance is January 1, 2025. Adopted by the City Council of the City of Virginia Beach, Virginia, this 18th day of June , 2024. APPRQVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICJ NCY: Commission r o the evenue torney's Office CA16529 R-2 June 11, 2024 55 ITEM— 1/7 K.II ORDINANCESIRESOL UTIONS ITEM#75850 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the Title of Article VII Chapter 35 and City Code Sections 35-158 and 35-161 through 35-169 re Transient Occupancy Tax(Requested by Commissioner of Revenue) Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE TO AMEND THE TITLE OF 2 ARTICLE VII OF CHAPTER 35 AND SECTIONS 3 35-158 AND 35-161 THROUGH 35-169 4 REGARDING THE TRANSIENT OCCUPANCY 5 TAX 6 7 SECTIONS AMENDED: 35-158; 35-161 through 35-169 8 9 WHEREAS, there is a need to update the City Code sections regarding the 10 imposition, reporting, and remittance of transient occupancy taxes for consistence in the 11 use of terminology; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. The title of Article VII of Chapter 35, and Sections 35-158 and 35-161 through 35- 17 168 of the City Code are hereby amended and reordained as follows: 18 19 ARTICLE VII. TAX ON TRANSIEl-IT OB TAINING BTAAIINIAI�_ G TRANSIENT 20 OCCUPANCY TAX TV�P 21 22 Sec. 35-158. Definitions. 23 24 Except where the context clearly indicates a different meaning, the following words 25 and phrases, when used in this article shall, for the purposes of this article, have the 26 meanings ascribed to them in this section: 27 28 Accommodations. "Accommodations" means any room or space for which tax is 29 imposed on the retail sale of the same pursuant to this article. 30 31 Accommodations fee. "Accommodations fee" means the room charge less the 32 discount room charge, if any, provided that the accommodations fee shall not be less than 33 $0.00. 34 35 Accommodations intermediary. "Accommodations intermediary" means any person 36 other than an accommodations provider that: (i) facilitates the sale of an accommodation; 37 and (ii) either: (a) charges a room charge to the customer, and charges an 38 accommodations fee to the customer, which fee it retains as compensation for facilitating 39 the sale; (b) collects a room charge from the customer; or (c) charges a fee, other than 40 an accommodations fee, to the customer, which fee it retains as compensation for 41 facilitating the sale. For purposes of this definition, "facilitates the sale" includes brokering, 42 coordinating, or in any other way arranging for the purchase of the right to use 43 accommodations via a transaction directly, including via one or more payment 44 processors, between a customer and an accommodations provider. "Accommodations 45 intermediary" does not include a person: (1) if the accommodations are provided by an 46 accommodations provider operating under a trademark, trade name, or service mark 47 belonging to such person; (2)who facilitates the sale of an accommodation if: (i) the price 48 paid by the consumer to such person is equal to the price paid by such person to the 49 accommodations provider for the use of the accommodations; and (ii) the only 50 compensation received by such person for facilitating the sale of the accommodations is 51 a commission paid from the accommodations provider to such person; or (3) who is 52 licensed as a real estate licensee pursuant to Article 1 of Chapter 21 of Title 54.1 , when 53 acting within the scope of such license. 54 55 Accommodations provider. "Accommodations provider" means any person that 56 furnishes accommodations to the general public for compensation. The term "furnishes" 57 includes the sale of use or possession or the sale of the right to use or possess. An 58 Accommodations provider may be any public or private hotel, inn, hostelry, tourist home 59 or house, tourist camp, tourist cabin, camping grounds, motel, whole home rental, room 60 for rent, rooming house or other lodging place within the city offering lodging, for 61 compensation, to any transient. 62 63 Affiliate. "Affiliate" means with respect to any person, any other person directly or 64 indirectly controlling, controlled by, or under common control with such person. For 65 purposes of this definition, "control" (including controlled by and under common control 66 with) shall mean the power, directly or indirectly, to direct or cause the direction of the 67 management and policies of such person through ownership or voting securities or by 68 contract or otherwise. 69 70 City treasurer. "City treasurer" means the treasurer of the city and any of his or her 71 duly authorized deputies and agents. 72 73 Commissioner of the revenue. "Commissioner of the revenue" means the 74 commissioner of revenue of the city and any of his or her duly authorized deputies and 75 agents. 76 77 Discount room charge. "Discount room charge" means the full amount charged by 78 the accommodations provider to the accommodations intermediary, or an affiliate thereof, 79 for furnishing the accommodations. 80 81 Person. Where the accommodations intermediary or accommodations provider is a 82 corporation, partnership, or limited liability company, "person" shall mean a "corporate 83 partnership or limited liability company officer" as that term is defined in Virginia Code 84 58.1-3906. Where the accommodations intermediary or accommodations provider is a 85 sole proprietorship, person shall mean the owner or managing agent of such sole 86 proprietorship. 87 88 Retail sale. "Retail sale" means a sale to any person for any purpose other than for 89 resale. 90 91 Room charge. "Room charge" means the full retail price charged to the customer for 92 the use of the accommodations before taxes. "Room charge" includes any fee charged 93 to the customer and retained as compensation for facilitating the sale, whether described 94 as an accommodations fee, facilitation fee, or any other name. The room charge shall be 95 determined in accordance with 23VAC10-210-730 and the related rulings of the Virginia 96 Department of Taxation on the same. Non-mandatory fees, such as a resort activity fee 97 or parking fee, shall not be included in the definition of "room charge" provided the 98 transient has a bona-fide opportunity to decline paving such fee without jeopardizing the 99 retail sale or purchase of accommodations. 100 101 Transient. "Transient" means any person who, for any period of not more than ninety 102 (90) consecutive days, either at his own expense or at the expense of another, obtains 103 accommodations from any accommodations provider. 104 105 The commissioner of the revenue may rely upon the processes and procedures 106 promulgated by the Virginia Department of Taxation to implement 2021 Acts of Assembly 107 Special Session c. 383 or 2022 Acts of Assembly cs. 7 and 640 in the construction or 108 interpretation of any of the above definitions and the incidence of the tax authorized by 109 this article VII of chapter 35 of the City Code. 110 111 .... 112 113 Sec. 35-161. Collection. 114 115 (a) For any retail sale of accommodations not facilitated by an accommodations 116 intermediary, the accommodations provider shall collect the tax imposed on 117 transients pursuant to this article, computed on the total price paid for the use or 118 possession of the accommodations, and shall remit the same to the city and shall be 119 liable for the same. 120 121 (b) For any retail sale of accommodations facilitated by an accommodations 122 intermediary, the accommodations intermediary shall be deemed under this article 123 as a facility making a retail sale of an accommodation. The accommodations 124 intermediary shall collect the tax imposed pursuant to this article, computed on the 125 room charge and shall remit the same to the city y and shall be liable for the 126 same. 127 128 (c) For any transaction for the retail sale of accommodations involving two or more 129 parties that meet the definition of accommodations intermediary, nothing in this 130 section shall prohibit such parties from making an agreement regarding which party 131 shall be responsible for collecting and remitting the tax, so long as the party so 132 responsible is registered with the locality for purposes of remitting the tax. In such 133 event, the party that agrees to collect and remit the tax shall be the principal sele 134 party liable for the tax, and the other party to such agreement shall not be liable for 135 such tax. Notwithstanding the previous sentence if the accommodations 136 intermediary refuses to collect or remit the tax or refuses to provide relevant reporting 137 to the commissioner of the revenue, nothing herein shall preclude the commissioner 138 of the revenue or the city treasurer from seeking applicable reports or remittance 139 from the accommodations provider. 140 141 (d) In any retail sale of any accommodations in which an accommodations intermediary 142 does not facilitate the sale of the accommodations, the accommodations provider 143 shall separately state the amount of the tax in the bill, invoice, or similar 144 documentation and shall add the tax to the total price paid for the use or possession 145 of the accommodations. In any retail sale of any accommodations in which an 146 accommodations intermediary facilitates the sale of the accommodation, the 147 accommodations intermediary shall separately state the amount of the tax on the bill, 148 invoice, or similar documentation and shall add the tax to the room charge; thereafter, 149 such tax shall be a debt from the customer to the accommodations intermediary, 150 recoverable at law in the same manner as other debts. 151 152 (e) The taxes required to be collected under this section shall be deemed to be held in 153 trust by the person required to collect such taxes, until remitted as required in this 154 article. 155 156 (f) Any accommodations intermediary conducting transactions within the city shall 157 submit to the commissioner of the revenue the property addresses and gross receipts 158 for all each accommodations facilitated by the accommodations intermediary in the 159 city on forms promulgated by the commissioner of the revenue. The report submitted 160 to the commissioner of the revenue shall solely be used for the administration of the 161 transient occupancy tax, and the disclosure of such report shall be governed by 162 Virginia Code § 58.1-3. Any accommodations intermediary that fails to timely provide 163 such report to the commissioner of the revenue, shall be subject to a penal fine of 164 $500. The violation and imposition of the penal fine may be prosecuted in the same 165 manner as a criminal misdemeanor. A copy of this report containing only the 166 property addresses shall be separately submitted by the accommodations 167 intermediary to the zoning division of the department of planning. Such information 168 shall be submitted monthly. 169 170 Sec. 35-162. Reports and remittances generally. 171 172 (a) Every person receiving payment for accommodations shall collect the tax imposed 173 by section 35-159 from the purchaser upon whom the same is levied at the time of 174 payment for the retail sale or purchase of such accommodations. The taxes so 175 collected shall be held in trust for the city by the person required to collect such tax 176 until remitted in accordance with this article. The wrongful and fraudulent use of such 177 collection and remittance may constitute embezzlement as provided by Virginia Code 178 58.1-3833. The person collecting any tax as provided in this article section 35 ate 179 shall make out a report, upon forms created by the city treasurer that shall request 180 all information that the commissioner of the revenue and the cq r�treasurer may 181 require, and shall sign and deliver such report to the city treasurer with a remittance 182 of such tax. Such reports and remittances shall be made on or before the twentieth 183 day of each month, for eever+ng the amount # tax collected during the preceding 184 month. 185 186 (b) Late reporting #icing-penalty. 187 188 (1) If a report is not returned to the commissioner of the revenue #iced on or before the 189 due date set forth in subsection (a) above, there shall be added a penalty in the 190 amount of ten (10) percent of the tax assessable on such return or ten dollars 191 ($10.00), whichever is greater; provided, however, that the penalty shall in no case 192 exceed the amount of the tax assessable. Such penalty shall not be assessed until 193 the day after the report is due. Any such penalty, when assessed, shall become part 194 of the tax. 195 196 (2) No penalty for failing to file-a report shall be assessed if such failure was not the fault 197 of the person required to collect, report, and remit such taxes taxpayer or was the 198 fault of the commissioner of the revenue. The commissioner of the revenue shall 199 make determinations of fault relating to failure to #+ie--a report. 200 201 (c) The treasurer shall provide the commissioner of the revenue by the fifteenth of each 202 month with copies of all reports submitted in the preceding month by persons 203 required to collect the tax levied by this article. 204 205 Sec. 35-163. Collector's records. 206 207 It shall be the duty of every person liable for the collection, reporting, and remittance 208 and payment to the city of any tax imposed by this article to keep and to preserve, for a 209 period of five (5) years, such suitable records as may be necessary to determine the 210 amount of such tax as he may have been responsible for collecting, reporting, and 211 remitting the tax and paying to the city. The commissioner of revenue may inspect such 212 records at all reasonable times. 213 214 Sec. 35-164. Duty of collector going out or disposing of business. 215 216 Whenever any person required to collect, report, and remit and pay to the city a tax 217 under this article shall cease to operate or otherwise dispose of his business, any tax 218 payable under this article to the city shall become immediately due and payable and such 219 person shall immediately make a report and remit pay the tax due. 220 221 Sec. 35-165. Penalty for late remittance or false report fir+. 222 223 (a) If any person, whose duty it is so to do, shall falsely report to the commissioner of 224 the revenue file or refuse to remit to the city treasurer the tax required to be collected 225 and paid under this article, within the time and in the amount specified in this article, 226 there shall be added to such tax by the city treasurer a penalty of ten (10) percent of 227 the amount due or ten dollars ($10.00), whichever is greater; provided, however, that 228 the penalty shall not exceed the amount due. 229 230 (b) A penalty for failure te pay the tax due under this aFtiGle shall Ret be imposed wa 231 not the fault of the taxpayer or was the fault of the treasure . No penalty for failing to 232 remit the tax due under this article shall be assessed if such failure was not the fault 233 of the person required to collect, report, and remit such taxes or was the fault of the 234 city treasurer. The city treasurer shall make determinations of fault relating to failure 235 to remit a tax. The commissioner of the revenue shall make determinations of fault 236 regarding false reports. 237 238 Sec. 35-166. Procedure upon failure to report, etc. 239 240 (a) If any person, whose duty it is so to do, shall fail to make, within the time provided in 241 this article, any report required by this article, the commissioner of the revenue shall 242 obtain facts and information necessary to create an estimate of the tax due. Within 243 ten (10) days from the date the tax was due, he shall proceed to determine and 244 assess against such person the tax and the late filing penalty established at section 245 35-162(b), and shall notify such person, by hand delivery, facsimile, first-class or 246 electronic mail, of the total amount of such tax and penalties, and a copy of the 247 assessment shall be delivered simultaneously to the treasurer. The total amount 248 thereof shall be payable immediately, and the treasurer shall proceed to collect same 249 as authorized by law. 250 251 (b) It shall be the duty of the commissioner of the revenue to ascertain the name of every 252 accommodations provider in the city, liable for the collection 253 of the tax levied by this article, who fails, refuses or neglects to collect such tax or 254 make, within the time provided by this article, the reports or remittances required in 255 this article. The commissioner of the revenue or the city treasurer, as applicable, may 256 apply for the issuance of a warrant or summons for such person in the manner 257 provided by law. 258 259 (c) Any person issued an estimated assessment as described in subsection (a), who is 260 aggrieved by the assessment, may apply to the commissioner of the revenue for 261 correction as provided by relevant state or local Code. 262 263 Sec. 35-167. Violations of article. 264 265 Any person violating or failing to comply with any provision of this article shall be 266 guilty of a Class 1 misdemeanor. Conviction of such violation shall not relieve any person 267 from-fie collecting, reporting, and remitting the tax to the city 268 rernffittanGe ef the taxes provided for in this article. 269 270 Sec. 35-168. Duties of commissioner of the revenue and city treasurer. 271 272 (a) The commissioner of the revenue shall be charged with auditing the reports required 273 by this article, ensuring that accommodations provider Lledging plaGes are registered 274 to collect the tax levied by this article, and responding to all inquiries that may be 275 made by accommodations providers. taxpayers er persons ^^orating ledg;Rg plaGeS 276 277 (b) The city treasurer shall be charged with the receipt and collection of the taxes 278 imposed and levied by this article; and shall cause the same to be paid into the 279 general treasury of the city. 280 281 282 2. Section 35-169 of the City Code is hereby amended and reordained to read as follows: 283 284 Sec. 35-169. Short-term rental registry. 285 286 ... 287 288 (b) An operator of a short-term rental is required to register with the commissioner of 289 the revenue annually. The registration shall be ministerial in nature and shall require 290 operators to provide the complete name of the operator and the address of each property 291 in the city offered for short-term rental by the operator. If the operator is a lessee or 292 sublessee, the operator shall provide an attestation that the property owner has granted 293 permission for use of such property as a short-term rental. 294 295 .... 296 297 298 3. The effective date of paragraph 1 of this ordinance is October 1, 2024. 299 300 4. The effective date of paragraph 2 of this ordinance is July 1, 2024. Adopted by the City Council of the City of Virginia Beach, Virginia, this 18 t h day of June , 2024. APPROVED AS TO CONTENT: APPROV D AS TO LEGAL Sli CIEN Y: C mmissi n r f the Revenue it ttorney's Office CA16530 R-3 June 11, 2024 56 ITEM— VI.K.12 ORDINANCESIRESOL UTIONS ITEM#75851 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ADOPT a revised Policy re remote participation by Council Members in Council Meetings Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE ADOPTING A REVISED POLICY FOR 2 REMOTE PARTICIPATION BY COUNCILMEMBERS IN 3 COUNCIL MEETINGS 4 5 WHEREAS, in March 2020, the City Council adopted a Policy for Remote 6 Participation by Councilmombers in Council Meetings ("Policy"), as authorized by the 7 Virginia Freedom of Information Act ("FOIA"), and the Council adopted a revised version 8 of the policy in June 2021, 9 10 WHEREAS, the Policy enables one or more councilmembers to participate from a 11 remote location in City Council meetings, so long as a quorum of the Council is physically 12 assembled at the meeting location, if: (1) the member is unable to attend the meeting 13 due to a temporary or permanent disability or other medical condition that prevents the 14 member's physical attendance or due to a family member's medical condition that 15 requires the member to provide care for such family member, thereby preventing the 16 member's in-person attendance ("medical reason"); or (2) the member is unable to 17 attend due to a personal matter, and the member identifies with specificity the nature of 18 the personal matter ("personal reason"); 19 20 WHEREAS, earlier this year, the FOIA was amended, effective July 1, 2024, with 21 respect to remote participation in two ways: (1) adding a provision for remote 22 participation by a member who is a "caregiver" for a person with a disability as defined 23 by Virginia Code § 51.5-40.1; and (2) adding a requirement that public bodies adopt (or 24 re-adopt) the policy at least once annually: and 25 26 WHEREAS, the attached revised Policy includes those two changes in order to 27 make the Policy consistent with the change in law, effective July 1, 2024; 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA, THAT: 31 32 The City Council hereby adopts the attached revised policy, effective July 1, 2024. 33 Adopted by the City Council of the City of Virginia Beach, Virginia on the 18th day of June , 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 16539 R-1 June 4, 2024 G�NlA.BEAC 0 y °s a CityCouncil Policy Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of Initial Adoption:March 31,2020 Dates of Revision:June 15,2021 Page 1 of 2 Effective Date of this Revision:July 1,2024 1.0 Purpose and Need The purpose of this policy is to enable members of the City Council to participate in City Council meetings remotely, by electronic communication means, in accordance with the Virginia Freedom of Information Act. 2.0 Policy It is the policy of the Virginia Beach City Council that individual members of the Council may participate in Council meetings by electronic means as permitted by Virginia Code § 2.2-3708.23 or its successor provision. This policy shall apply to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. 2.1 The Request and Eligibility Criteria Whenever an individual member wishes to participate from a remote location, the member shall notify the Chair and the appropriate City staff member on or preferably before the day of the meeting that (1)the member is unable to attend the meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance or due to a family member's medical condition that requires the member to provide care for such family member, thereby preventing the member's physical attendance ("medical reason"); (2) the member is a "caregiver,"which means as an adult who provides care for a person with a disability as defined in Virginia Code§51 5-40 1 and is related by blood marriage or adoption to or the legally appointed guardian of, the person with a disability for whom the member is caring, and the member must provide care for the person with a disability at the time the public meeting is being held thereby preventing the member's physical attendance; or (3) the member is unable to attend due to a personal matter and the member identifies with specificity the nature of the personal matter ("personal reason"). Participation for a personal reason is limited to two meetings per calendar year or 25% of the meetings held per calendar year, rounded up to the next whole number, whichever is greater. For purposes of determining whether a quorum is physically assembled, an individual member of a public body who is a person with a disability as defined in Virginia Code� 51.5-40.1 or a caregiver as defined above and uses remote participation counts toward the quorum as if the individual was physically present. When audio-visual technology is available a member of a public body shall, for purposes of a quorum be considered absent from any portion of the meeting during which visual communication with the member is voluntarily disconnected or otherwise fails or during which audio communication involuntarily fails. Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of Initial Adoption:March 31,2020 Dates of Revision: June 15,2021 Page 2 of 2 Effective Date of this Revision:July 1,2024 2.2 Quorum and Minutes Requirements A quorum of the Council must be physically assembled at the primary meeting location to enable remote participation by a member, and arrangements must be made for the voice of the remote participant to be heard by all persons at the primary meeting location. The reason that the member is unable to attend the meeting and the remote location from which the member participates shall be recorded in the meeting minutes. If the reason for the remote participation is a medical reason, the minutes shall include a statement to that a temporary or permanent disability or other medical condition prevented the member's physical attendance at the primary meeting location or that a family member's medical condition required the member to provide care for such family member, thereby preventing the member's physical attendance. The minutes do not need to include the specific disability or medical condition or, if applicable, the identity of the family member. If instead the member is unable to attend due to a personal reason, the minutes must include the specific nature of the personal matter. 2.3 Challenges If a member's proposed participation from a remote location is challenged by another member as being inconsistent with this policy, then the Council shall vote on whether to allow such participation. If the Council votes to disapprove the member's remote participation because such participation would violate this policy, such disapproval shall be recorded in the minutes with specificity. 2.4 Annual Readoption This policy must be adopted or readopted at least once annually. 57 ITEM— VI X 13 ORDINANCESIRESOL UTIONS ITEM#75852 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to RE ADOPT Procedures re Selection, Evaluation and Award of Design- Build and Construct Management Contracts Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 A RESOLUTION TO RE-ADOPT PROCEDURES FOR THE 2 SELECTION, EVALUATION, AND AWARD OF DESIGN- 3 BUILD AND CONSTRUCTION MANAGEMENT CONTRACTS 4 5 WHEREAS, pursuant to Code of Virginia ("Virginia Code")§2.2-4382, a locality may 6 employ design-build or construction management as delivery methods consistent with the 7 procedures established by the Department of General Services for construction projects on 8 a fixed price or not-to-exceed price; and 9 10 WHEREAS,the City of Virginia Beach ("City") desires to replace the 2022 resolution 11 providing the procedures for the use of design-build or construction management contracts 12 when beneficial to the City to align with updates to applicable sections of the Virginia Code. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. Design-build contract procurement method shall be a two-step competitive 18 negotiation process. The following procedures shall govern the selection, evaluation and 19 award of design-build contracts: 20 21 a. Criteria for use: Design-build contracts are intended to minimize the project risk for 22 the owner and reduce the delivery schedule by overlapping the design phase and the 23 construction phase of a project. 24 25 b. Approval for use: Prior to taking any action to pursue a design-build project, the 26 requesting department or agency shall receive the approval of the Purchasing Agent to 27 use the design-build procurement delivery method. 28 29 c. Basis of award: The award of a design-build contract shall be based on either: 1)an 30 acceptable technical proposal at the lowest fixed price, or 2)a best value determination 31 by weighted scoring of the technical proposal and the financial proposal. Cost shall be a 32 critical component of the selection process. Prior to use of best value as the basis for 33 award, the Purchasing Agent must determine that the design-bid-build project delivery 34 method is not practicable or fiscally advantageous, and such writing shall document the 35 basis for the determination to utilize best value for award including the determination of 36 the project's complexity. 37 38 d. Evaluation Committee: The City shall establish an Evaluation Committee 39 ("Committee") to be responsible for evaluating the qualifications of potential offerors of 40 design-build and reviewing proposals submitted for such services. This Committee shall 41 consist of a minimum of four (4) and a maximum of six (6) voting members. The 42 members of the Committee shall have expertise relevant to the project, with 43 backgrounds in such areas as project design, construction,finance, contract review, and 44 project management. The Committee shall be chaired by a licensed engineer or 45 architect. The membership of the Committee shall be determined by the City Engineer 46 or his designee. 1 47 48 e. Selection of Qualified Offerors (Step 1) — Request for Qualifications (RFQ) 49 50 i.The City shall publish notice of its RFQ at least thirty (30) days prior to the date set 51 for receipt of qualifications by posting in the Purchasing Agent's office, distributing to 52 relevant trade group using the applicable SWaM database, and in a local newspaper 53 of general circulation in the City so as to provide reasonable notice to the maximum 54 number of offerors that can be reasonably anticipated to submit qualifications in 55 response to the particular request. Additionally, qualifications may be solicited 56 directly from vendors. If practicable, the notice also shall be published in 57 appropriate national trade publications. 58 59 ii.The RFQ shall provide a description of the project, the services required by the City, 60 any unique capabilities to be required of the offeror, and the criteria to be used in 61 evaluating the potential offeror's qualifications. The RFQ shall request of potential 62 offerors only such information as is appropriate for an objective evaluation of all 63 offerors pursuant to such criteria. The RFQ shall establish procedures whereby 64 comments concerning provisions in the RFQ can be received and considered prior 65 to the time set for receipt of qualifications. All offerors shall have a licensed Class 66 "A" contractor and an Architect or Engineer registered in the Commonwealth of 67 Virginia as part of the offeror's team. 68 69 iii.The Committee shall evaluate each responding offeror's qualifications submittal and 70 any other relevant information and shall determine which offerors are fully qualified 71 and suitable for the project. 72 73 iv.The RFQ evaluation shall result in a short list of three to five offerors to receive the 74 RFP. If available, the short list shall include a minimum of one DSBSD-Certified 75 Small Business that meets the minimum requirements for prequalification. An 76 offeror may be denied prequalification only as specified in Virginia Code§2.2-4317, 77 but the short list shall also be based upon the RFQ criteria. 78 79 v.The RFQ evaluation process shall evaluate an offeror's experience for a period of 80 ten prior years to determine whether the offeror has constructed, by any method of 81 project delivery, at least three projects similar in program and size. Prior design- 82 build experience shall not be considered as a prerequisite or factor considered for 83 prequalification. However, the RFQ evaluation process may consider the 84 experience of an offeror on comparable design-build projects. 85 86 vi. At least thirty (30) days prior to the date established for the submission of 87 proposals, the City shall advise each offeror in writing as to whether that offeror has 88 been prequalified. If an offeror is denied prequalification, the written notice shall 89 state the reasons for the denial of prequalification and the factual basis for such 90 reasons. Prequalified offerors that are not selected for the short list likewise shall be 91 provided the reasons for such decision. 92 2 93 f. Selection of the Design-Build Contractor(Step II): 94 95 i.The City shall prepare a Request for Proposal ("RFP") that includes: 1) the 96 instructions for submitting the proposal, the criteria for evaluation, and the terms and 97 conditions of the design-build contract; 2) a narrative description of the project 98 requirements; 3)general conditions and technical specifications; and 4)facility and 99 site plans as appropriate for the project. The RFP also may define such other 100 requirements as the City determines appropriate for a particular project. The RFP 101 shall include procedures whereby comments concerning specifications or other 102 provisions contained in the RFP can be received and considered prior to the time 103 set for receipt of proposals. 104 105 ii.The City shall send a RFP to the qualified design-build offerors on the short list for 106 the project and request formal proposals from them. Offerors will have at least thirty 107 (30)days to submit a proposal. Separately sealed technical and financial proposals 108 shall be submitted to the Purchasing Agent. The Purchasing Agent will provide the 109 technical proposals to the Committee and retain the financial proposals until the 110 technical review is complete. 111 112 iii.Upon receipt, the proposals shall be reviewed by the SWaM office to ensure 113 compliance with the applicable SWaM requirements. If the City is undertaking 114 Progressive Design-Build, this review occurs at the proposal submission but is 115 subject to review and update prior to the agreement upon a guaranteed maximum 116 price. 117 118 iv.The Committee shall evaluate each of the technical proposals based on criteria 119 established in the RFP. As a part of the evaluation process, the Committee may 120 grant each of the offerors an equal opportunity for direct and private communication 121 with the committee. Each offeror shall be allotted the same fixed amount of time. In 122 its conversations with offerors, the Committee shall exercise care to discuss the 123 same owner information with all offerors. In addition, the Committee shall not 124 disclose any trade secret or proprietary information for which the offeror has invoked 125 protection in accordance with the procedure set forth in Virginia Code § 2.2-4342. 126 127 v.The Committee will inform each offeror of any adjustments necessary to make its 128 technical proposal fully compliant with the requirements of the RFP. In addition, the 129 City may require that offerors make design adjustments necessary to incorporate 130 project improvements and/or additional detail information identified by the 131 Committee. 132 133 vi.Based on the adjustments made to the technical proposals, the offeror may amend 134 its financial proposal. In addition, an offeror may submit cost modifications to its 135 original sealed financial proposal which are not based upon revisions to the 136 technical proposal. 137 3 138 vii.The Committee shall evaluate and rank the technical proposals if technical rankings 139 are to be considered as a criterion for award. Should the City determine in writing 140 and in its sole discretion that only one offeror is fully qualified, or that one offeror is 141 clearly more highly qualified than the others under consideration, a contract may be 142 negotiated and awarded to that offeror after approval of the Purchasing Agent. 143 Otherwise, the Purchasing Agent shall open the financial proposals and apply the 144 criteria for award as specified in the RFP. 145 146 viii.The Committee shall make its recommendation for the selection of a design builder 147 to the Purchasing Agent based on its evaluations of the technical and financial 148 proposals. The contract shall be awarded to the offeror who is fully qualified and 149 has been determined to have provided the best value in response to the RFP. 150 151 ix.The Committee will notify all offerors who submitted proposals which offeror was 152 selected for the project. The Notice of Intent to Award may be used to make this 153 notification. When the terms and conditions of multiple awards are so provided in 154 the RFP, awards may be made to more than one offeror. Such Notice of Intent to 155 Award shall also include information for subcontractors pertaining to when and 156 where the awarded offeror plans to advertise bid packages for subcontracting 157 opportunities. 158 159 x.Upon request and in accordance with Virginia Code § 2.2-4342, documentation of 160 the process used for the final selection shall be made available to the unsuccessful 161 proposers. 162 163 g. Alternative Procedure for Progressive Design-Build 164 165 i.Upon a written determination by the Purchasing Agent that certain compensable 166 design work is necessary to deliver a final guaranteed maximum price, the City 167 may include in the RFP the ability to undertake Progressive Design-Build. 168 169 ii.The review of proposals for Progressive Design-Build shall be the same as 170 described above. However, after the City's determination to award, the execution 171 of a contract may include compensable design work. 172 173 iii.The design collaboration shall include representatives of the City and the Design- 174 Builder advancing the design of the project beyond the design included in the 175 RFP. The goal of such design collaboration is to reduce contingencies and bridge 176 any design discrepancies. At the end of the design collaboration, the Design- 177 Builder shall present the City with a guaranteed maximum price. At the 178 submission of the guaranteed maximum price, the Design-Builder may update the 179 applicable SWaM plan(s)to reflect the advanced design. The City shall have the 180 sole option to agree to the guaranteed maximum price or abandon the design- 181 build contract. If the City elects to abandon the design-build contract, the Design- 182 Builder shall be fully compensated for the services provided in advancing the 183 design of the project provided the acceptance of such payment shall require the 4 184 Design-Builder transferring to the City the right to use technical solutions, design 185 concepts, and any other work product developed during the design collaboration. 186 187 h. Proposal Compensation (Stipend): For designated Design-Build procurement 188 efforts, short-listed firms that are not selected but have fully complied with all aspects 189 of the RFQ and RFP may be provided proposal compensation(stipend)under certain 190 circumstances. The value of the proposal compensation will be determined on a 191 case-by-case basis and shall be conditioned upon the offeror conveying to the City 192 the right to use technical solutions or design concepts in the proposal. City Council 193 approval, either by direct action or in the relevant project page of the Capital 194 Improvement Program, shall be required forthe provision of Proposal Compensation. 195 196 2. Construction Management(CM) procurement method shall be a two-step competitive 197 negotiation process. The following procedures shall govern the selection, evaluation and 198 award of CM contracts: 199 200 a. Criteria for use of Construction Management: CM contracts may be approved for 201 use on projects where: 1) fast tracking of construction is needed to meet City program 202 requirements, or 2) value engineering and/or constructability analyses concurrent with 203 design are required. 204 205 b. Approval for use: Prior to taking any action to pursue a CM project, the requesting 206 department or agencies shall request the approval of the Purchasing Agent to use a CM 207 contract. 208 209 c. Basis of award: The basis of the award of the contract shall be in accordance with 210 competitive negotiation for nonprofessional services, and the criteria for the award shall 211 be submitted to the Purchasing Agent, in advance, for approval. Cost is a critical 212 component of the selection process. Prior to use of best value as the basis for award, 213 the Purchasing Agent must determine that the design-bid-build project delivery method 214 is not practicable or fiscally advantageous, and such writing shall document the basis for 215 the determination to utilize best value for award including the determination of the 216 project's complexity. 217 218 d. Evaluation Committee: The City shall establish an Evaluation Committee 219 ("Committee") to be responsible for evaluating the qualifications of potential offerors of 220 CM and reviewing proposals submitted for such services. This Committee shall consist 221 of a minimum of four (4) and a maximum of six (6) voting members. The members of 222 the Committee shall have expertise relevant to the project, with backgrounds in such 223 areas as project design, construction,finance, contract review, and project management. 224 The Committee shall be chaired by a licensed engineer or architect. The membership 225 of the Committee shall be determined by the City Engineer or his designee. 226 227 e. Selection of Qualified Offerors(Step 1)—Request for Qualifications(RFQ): The City 228 shall conduct a prequalification process as follows to determine which offerors are 229 qualified to receive the Request for Proposal (RFP). 5 230 231 i. The City shall prepare a RFQ containing the City's facility requirements, building 232 and site criteria, site and survey data (if available), the criteria to be used to evaluate 233 RFQ responses, and other relevant information, including any unique capabilities or 234 qualifications that will be required of the contractor. All offerors shall have a 235 licensed Class "A" contractor registered in the Commonwealth of Virginia as part of 236 the Project team. 237 238 ii. The RFQ shall be posted in accordance with the current standards for the posting 239 of public invitations to bids in the Virginia Code and the relevant sections of the City 240 Code. 241 242 iii. The Committee shall evaluate each responding firm's RFQ response and any 243 other relevant information and shall determine those deemed qualified with respect 244 to the criteria established for the project. Prior construction management experience 245 shall not be considered as a prerequisite or factor considered for prequalification. 246 However, the RFQ evaluation process may consider the experience of an offeror on 247 comparable construction management projects. 248 249 iv. The RFQ evaluation process shall result in a short list of two to five offerors to 250 receive the RFP. An offeror may be denied prequalification only as specified under 251 the Code of Virginia § 2.2-4317, but the short list also shall be based upon the RFQ 252 criteria. 253 254 v. At least thirty (30) days prior to the date established for the submission of 255 proposals, the City shall advise each offeror in writing as to whether that offeror has 256 been prequalified. If an offeror is denied prequalification, the written notice shall 257 state the reasons for the denial of prequalification and the factual basis for such 258 reasons. Prequalified offerors that are not selected for the short list shall likewise be 259 provided the reasons for such decision. 260 261 f. Selection of a Construction Manager(Step II) — Request for Proposals (RFP): 262 263 i. The City shall send a RFP to the qualified offerors on the short list and request 264 submission of formal proposals from them. The criteria for award shall be included 265 in the RFP. 266 267 ii. Proposals as described in the RFP shall be submitted to the Purchasing Agent. 268 269 iii. The Committee will evaluate and rank the proposals. After evaluation and 270 ranking of the proposals, the Committee shall conduct negotiations with two or more 271 offerors submitting the highest ranked proposals, unless the City determines that 272 only one offeror is full qualified or that one offeror is clearly more highly qualified 273 than the others under consideration, in which case a contract may be negotiated 274 and awarded to that offeror. 275 6 276 iv. The Committee shall make its recommendation on the selection of a construction 277 manager to the Purchasing Agent based on its evaluation and negotiations. The 278 contract shall be awarded to the offeror that is fully qualified and has been 279 determined to have provided the best value in response to the RFP. 280 281 v. The Committee will notify all offerors that submitted proposals which offeror was 282 selected for the project. The Notice of Intent to Award may be used to make this 283 notification. When the terms and conditions of multiple awards are so provided in 284 the RFP, awards may be made to more than one offeror. Such Notice of Intent to 285 Award shall also include information for subcontractors pertaining to when and 286 where the awarded offeror plans to advertise bid packages for subcontracting 287 opportunities. 288 289 vi. Upon request, documentation of the process used for the final selection shall be 290 made available to the unsuccessful proposers. 291 292 g. Required CM Contract Terms: Any Guaranteed Maximum Price construction 293 management contract entered into by the City will contain provisions requiring that (1) 294 not more than 10% of the construction work (measured by cost of the work) will be 295 performed by the CM with its own forces and (2)that the remaining 90% (or more)of the 296 construction work will be performed by subcontractors of the CM which the CM must 297 procure by publicly advertised, competitive sealed bidding to the maximum extent 298 practicable. Additionally, the subcontracting shall comply with the City's SWAM-certified 299 small business enhancement program. Documentation shall be placed in the file 300 detailing the reasons any work is not procured by publicly advertised competitive sealed 301 bidding. The Purchasing Agent may modify these contractual requirements in whole or 302 in part for projects after making a written determination that it would be fiscally 303 advantageous to the public to increase the amount of construction work performed by 304 the Construction Manager. 305 306 h. Guaranteed Maximum Price (GMP): The GMP shall be established at the 307 completion of the working drawings unless a waiver has been granted by the Purchasing 308 Agent. 309 310 i. One-Step Solicitation: The Purchasing Agent may approve a one-step solicitation 311 for a project if adequate written justification is provided. 312 313 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18thday of 314 ,Tune , 2024. APPROVED AS TO CONTENT: APPR VED AS TO LEGAL SUFFICIENCY: Finance/ urchasing Attorney's Office CA16537 /R-1 /June 7, 2024 58 ITEM— VI.K.14 ORDINANCESIRESOL UTIONS ITEM#75853 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a 5'City-owned drainage and utility easement at 2116 West Admiral Drive re construct and maintain a boat lift,vinyl bulkhead, and an existing wood bulkhead DISTRICT 8 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 5' CITY-OWNED DRAINAGE AND UTILITY 6 EASEMENT, LOCATED ON 2116 W. 7 ADMIRAL DRIVE 8 9 WHEREAS, James W. E. Sadler(the"Applicant")has requested permission 10 to construct and maintain a 18' x 18' boat lift, a 1.98' x 6.72' x 5' vinyl bulkhead and a 2.03' 11 x 6.22' x 5' vinyl bulkhead, and to maintain an existing 5' wood bulkhead within a City- 12 owned 5' drainage and utility easement (collectively, the "Temporary Encroachment") 13 located on the Applicant's property at 2116 W. Admiral Drive (GPIN: 1499-69-8767); and 14 15 WHEREAS, a previous encroachment for the existing boatlift was approved 16 on November 25, 1997 as ORD-97-2462P; 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 the temporary encroachment upon 20 the City-owned easement 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 Applicant, his heirs,assigns 27 and successors in title are authorized to maintain the Temporary Encroachment within the 28 City's easement as shown on the map entitled: "EXHIBIT A ENCROACHMENT EXHIBIT 29 SHOWING PROPOSED BOAT LIFT,VINYL BULKHEAD&EXISTING WOOD BULKHEAD 30 FOR JAMES W. E. SADLER LOCATED ON LOT 116, AMENDED SUBDIVISION OF 31 CAPE HENRY SHORES, SECTION TWO M.B. 64, PG. 2 GPIN: 1499-69-8767 CITY OF 32 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', dated May 22, 2023, prepared by Gallup 33 Surveyors & Engineers, a copy of which is attached hereto as Exhibit A, 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 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Applicant and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h 51 day of June , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: r!U1. B IC WOR S/ REAL ESTATE Q . H M EIR SENIOR CITY ATTORNEY CA16083 R-2 Prepared: 12/8/2023 llvbgov.comldfslla ppl icationslc itylawlcycom321wpdocs1d00B1p054100931357.doc Q CANAL OF FLOOD CREEK I Q I 2 LOT 86 � LOT 85 LOT 87 EBB M.B.64, PG. 2 M.B.64, PG.2 M.B.64, PG.2 g 14!39'00" E 105.68 MLW=MHW ALONG SEE SHEET 2 I D(. BUtJ( w SEE SHEET 3 - - -- — — , REMOVE EX.PILE six ODD SEE SHEET 31 64. PG 2 O9-10 , ''d�+ TO ROAN r LOT 115 �� Z M.B.64, PG. 2 I LOT 116 I ---' D.B. 2990, PG.653 ;� 1 I � I W , O�d�ALTH OP N ` I G ` 1 3 Q LOT 117 v DA UTLER ` 1 o M.B. s4, PG. 2 c.No.38395 _ Z00 I rn ONAL 1v I 481.49' TO SEE SHEET 4 FOR 1 FIRST LANDING LN CURVE45 TON TABLE HESON D fRD cl ----� PIN (F) W ADMIRAL DRIVE (50' R/" PIN (F) -- FORMERLY ADMIRAL DRIVE WEST M.B. 64, PG.2 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING 0 30 60 PROPOSED BOAT LIFT, VINYL BULKHEAD & EXISTING WOOD BULKHEAD FOR SEE SHEET 4 FOR NOTES. Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS&ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B. 64, PG. 2 GPIN: 1499-69-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' Date:MAY 22, 2023 Sheet: 1 of 4 W-Vw4 .i.mar2116 W.Admiral Ddve\Dmv4nq"2.22 ErcrmdmwnLdwp,3125fM4 11,NA2 AM.DWG To PDF.p[3.1:1 CANAL OF LONG CREEK Q FLOOD Q LOT 86 LOT 87 EBB M.B. 64, PG. 2 M.B.64, PG.2 S 14'39'00" E 105.68' REMOVE 20.16' S.00' 6.00' 5.00' 69.51' Q EX. PILE LOT115 r - - - - - 0 0 0! '0 - - - - - — M.B.64, PG. 2 ( Eri En 1ri u') REMOVE 0 I EX.PILES 10 I PROPOSED 18'x18'BOAT LIFT SEE SHEETdpl 0----0 p---p PROPOSED VINYL EX. BULKH D BULKHEAD T REM IN aE.7d p I ICW�W cm N SXLTIH p o B g U.o,,,�,ai O 2 wog U DA UTLER c.No.383952��4 'AO 5r2 4, EXHIBIT A sJONAL iG ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD 0 10 20 & EXISTING WOOD BULKHEAD I �® FOR Revised Date: 3-25-24 JAMES W. E. SADLER ow r LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS& ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B.64, PG.2 GPIN: 1499-69-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=10' Date: MAY 22, 2023 Sheet:2 of 4 W:15ecNe,)—cs-2116 W Admiral Dd-NM—ings122-22 Encroachmem.dwp,3/SIM4 11:44:03 ANL DWG To PDi pc3.1:1 Q I f co tN0 o I QI PROPOSED VINYL K 5 -I PROPOSED VINYL BULKHEAD o^i LOT 115 BULKHEAD o M.B.64, PG.2 I ►� o I � u� z 5.00' Yj 5.00, J4 LBULKHEAD m I N RETURN n PILE TO BE PILE TO BE — — — — — 1 REMOVED REMOVED I 2.03' DC. WODD N D(. WOOD W N N I BULKI aD BULX" LOT 117 c' I ^v 3 M.B.64, PG.2 W 2 N r7 I ;n W m �: /� ` ZN � N �� 64 p z I M , � � o !mot - - —) G 200M.B 64, Pam! I sxLT$Off, O� G1 " DA UTLER � c.No.383952�� 0 5-22 w ssIpNAL Ea EXHIBIT A *++#++++* ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD 0 5 10 & EXISTING WOOD BULKHEAD FOR Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116,AMENDED SUBDIVISION OF SURVEYORS 8r ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B.64, PG.2 GPIN: 1499-69-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA (757)428-8132(757)425 2390 FAX Scale: 1"=5- Date:MAY 22,2023 Sheet: 3 of 4 W.1Sadkr,J-2116 M/.AdmhM Ww\Drm"AZ2-22 FncroaawwLEwp,3/ZUM4 11:4403 AM,DMlG To►DF.pc3,1:1 --- OWNER TABLE KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN ANITA W.GREGORY& LOT 117,CAPE HENRY -- GERALD W.GREGORY,JR 20'130805000915440 SHORES,SECTION 2 M.B,64,PG.2 1499-69-8698 Q KRYSTEN REID 20200511000402020 LOT 85,CAPE HENRY SHORES,SECTION M.B.64,PG.2 ' 14W79-0765 2 DAVID A.SCHROY 8 20090122000056970 LOT 86,CAPE HENRY SHORES, BEVERLEY A.SCHRO_Y SECTION 2 M.B.64,PG.2 1499-7940834 QEMMA K HART 20180705000544730 LOT 67,CAPE HENRY SHORES,SECTION') M.B.64,PG.2 1499-79-0922 LOT 115,CAPE HENRY Q CARTER J.MAVROMATIS 202103023143 _SHORES,SECTION 2 M.B.64,PG.2 1499-69-8836 CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD Cl 06*42'15" 735.00' 86.00' 43.05' N 10'18'40" W 85.95' 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS SITE PLAN IS BASED UPON A TOPOGRAPHICAL SURVEY PREPARED BY: STEPHEN I. BOONE & ASSOCIATES, P.C. DATED: 9-24-19 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. {�SALTg 0� O L� Gam, O � V DA UTLER • .c.No.38395 S G1� EXHIBIT A SjONAL E� ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD & EXISTING WOOD BULKHEAD FOR Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS&ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B. 64, PG. 2 GPIN: 1499-69-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA (757)428-8132(757)425-2390 FAX SCBI@:NA Date: MAY 22,2023 Sheet:4 of 4 WAS.d .M"dd116 W.Admkd Dd-\Or—,p W-22 j/ssfAW 11:N92 AK OWC TO FOF pc&1:1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) 'A THIS AGREEMENT, made this � day of 40�_ , 20 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JAMES W. E. SADLER, HIS 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 "116" as shown on that certain plat entitled: "AMENDED SUBDIVISION OF CAPE HENRY SHORES SECTION TWO LYNNHAVEN BOROUGH — VIRGINIA BEACH VIRGINIA," Scale: 1" = 100', dated August 31, 1964, 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 64, at page 2, and being further designated, known, and described as 2116 W. Admiral Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 18' x 18' boat lift, a 1.98' x 6.72' x 5' vinyl bulkhead and a 2.03' x 6.22' x 5' vinyl bulkhead, and to maintain an existing 5' wood bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a 5' City-owned drainage and utility easement, the "Encroachment Area"; and GPIN: 5' CITY-OWNED DRAINAGE AND UTILITY EASEMENT (NO GPIN ASSIGNED) 1499-69-8767 (2116 W. ADMIRAL 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 EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD & EXISTING WOOD BULKHEAD FOR JAMES W. E. SADLER LOCATED ON LOT 116, AMENDED SUBDIVISION OF CAPE HENRY SHORES, SECTION TWO M.B. 64, PG. 2 GPIN: 1499-69-8767 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', dated May 22, 2023, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 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 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. 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. 3 The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JAMES W. E. SADLER, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia 4 Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: _ (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by _ _ CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 20_, by _ -, CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: 6 Zia DAMES W. E. SADLER STATE OF CITY/COUNTY OF to-wit: I W) The foregoing instrument was acknowledged b ore me this day of (W 2044, y James W. E. Sadler. f/ < AL) ary Public G1SC,q Notary Registration Number: 70 My Commission Expires: N =mob .*A •;,�cT11 of pF h►to" 50 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BtIC WO S / REAL ESTATE A MEYER SENIOR CITY ATTORNEY 7 CANAL OF LONG CREEK I Q Q FLOOD 2 LOT 86 LOT 85 LOT 87 EBB M.B.64, PG. 2 M.B. 64, PG. 2 M.B. 64, PG.2 S 14'39'00' E 105.68' MLW=MHW ALONG �'— S� MEET 2` I D(. BULKHEAD SEE SHEET 3 — —' — - - REMOVE EX.4 4 BULKHEAD .w SEE SHEET 31 G - 8. 64. P TO REMW O . 2 Q 1iJ V rn LOT 115 W cd � I �< - N 1 o� i; 6-- M.B.64, PG. 2 I LOT 116 f 8jj I —— D.B. 2990, PG_653 ;�, I L � � I W I I .1dEALTN O� a C;� Df t+ N N U�' I I N LOT 117 DA UTLER r I o M.B. 64, PG. 2 ` c.No.38395 ZOD I 2,23 I 2 cn ti I ssl�NAL ECG I I 481.49' 10 SEE SHEET 4 FOR S1 LANDING L.N CURVE TABLE I 457•ON TO FIR _ HESTO RD cl PIN (F W ADMIRAL DRIVE 50' R/q PIN (F) FORMERLY ADMIRAL DRIVE WEST M.B. 64, PG. 2 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING 0 30 60 PROPOSED BOAT LIFT, VINYL BULKHEAD & �0 � mm� EXISTING WOOD BULKHEAD FOR SEE SHEET 4 FOR NOTES. Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS& ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B. 64, PG.2 GPIN: 1499-69-8767 VIRGINIA BEACH.VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' Date: MAY 22,2023 Sheet: 1 of 4 VM&Clw,Jr s•2116 W.AdmiW DriwWnwinpsl22.22 Enclwchm dwq.!/25/=411.44d2 AM,DWG To PDF.pc2.1-1 CANAL OF LONG CREEK Q FLOOD LOT 86 LOT 87 EBB M.B. 64, PG.2 M.B. 64, PG. 2 S 14'39'00" E 105.68' REMOVE 20.16' S.00' 6.00' S.00' 69.51' Q EX.PILE I LOT115 - - _ _ � — 1 - -in CD —_— - - -- - - M.B.64, PG.2 r o 0 0 0 REMOVE o EX. PILES PROPOSED 18'x18' BOAT LIFT SEE SHEET 3 ( O—O C a) W ` _ + PROPOSED VINYL EX. LKH D N I BULKHEAD TD REM IN o N I �m Z W U W p ��SXLT$0 L �_ §89 _ J M .6' 64, pG "•E L-Uj L O z oz L' DA UTLER c. o. 383L95Z��a V EXHIBIT A `10NAL ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD 0 10 20 & EXISTING WOOD BULKHEAD I FOR Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS&ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B.64, PG. 2 GPIN: 1499-69-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX fib: =10' Date: MAY 22, 2023 Sheet;2 of 4 W\fader,Jmrrii/6 W.Adff"DMa\Driw nFV2.,22 Em=Khmam*d%2 26/202r 11MM Aµ DWGTo►OF.pcl,1:1 0 I r w I I N � PROPOSED VINYL 0 T I 5 —I PROPOSED VINYL BULKHEAD — cr; LOT115 BULKHEAD M.B.64, PG.2 I II o ua1 z 5.00' Y - 5.p0' mI BULKHEAD RETURN PILE TO BE PILE TO BE REMOVED REMOVED 2.03' LU I EX. WOOD e� W N N I OOD BULKHEAD z u�' ' 8ULKHEE D 3 LOT 117 "' " I a l �v M.B.64, PG.2 WCl � N M I � � e� ►. x 1 tF N bog zo cq l�� I G. 2 � � M•Q 64, P_� Cc EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD 0 5 10 & EXISTING WOOD BULKHEAD FOR Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS 81 ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B. 64, PG. 2 GPIN: 149"9-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (7157)428-8132(757)425 2390 FAX Scale: 1"=5' Date: MAY 22,2023 Sheet: 3 of 4 W%S-dW,Amw2116 W.AdrtfW D'W-\0mMRQ/122-12&--hmsRdw&3/25(p141IAM AM,DWG To PDF.pc3.1:1 OWNER TABLE KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN ANITA W.GREGORY& LOT 117,CAPE HENRY 1 GERALD W.GREGORY,JR. 20130805000915440 SHORES,SECTION 2 M.B.64,PG.2 1499 69-8698 KRYSTEN REID 20200511000402020 LOT 85,CAPE HENRY SHORES,SECTION 2 M.B.64,PG.2 1499.79-0765 DAVID A.SCHROY& 20090122000056970 LOT 86,CAPE HENRY SHORES, M B 64 PG.2 1ggg.7g.0834 BEVERLEY A.SCHR_OY SECTION 2 4� EMMA K.HART 20180705000544730 LOT 87,CAPE HENRY SHORES, M.B.64,PG.2 1499-79.W22 SECTION 2 5 CARTER J.MAVROMATIS 202103023143 LOT 115,CAPE HENRY M.B.64 PG.2 1499-69-8836 SHORES,SECTION 2 CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD Cl 06'42'15' 735.00' 86.00' 43.05' N 1 O'18'40° W 85.95' 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS SITE PLAN IS BASED UPON A TOPOGRAPHICAL SURVEY PREPARED BY: STEPHEN I, BOONE & ASSOCIATES, P.C. DATED: 9-24-19 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. �VNLTn Op 41O� Ll C O � u DA UTLER Y C` c.No.38�52�� O� 5,2 ct, EXHIBIT A `SIDNAL ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD & EXISTING WOOD BULKHEAD FOR Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS& ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B. 64, PG. 2 GPIN: 1499-69-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425 2390 FAX Scale: NA Date: MAY 22, 2023 Sheet:4 of 4 WiSod6r,lam 2116 W.lldmnj�rlveWrwrinp�22-22 6icwdimmtdrry,9�L5Rp24 11 M93 W VM To PWP pd.1:1 59 ITEM— VLE:15 ORDINANCESIRESOL UTIONS ITEM#75854 The following registered to speak.- Dr. Robert Lehman, 1345 Carolyn Drive, Phone: 576-5551, spoke in SUPPORT James Hornef, 929 Winwood Drive, Phone: 858-386-2347, spoke in SUPPORT Upon motion by Council Member Remick, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with TFJG Canopy,LLC and APPROPRIATE$1-Millionfrom the Fund Balance of the General Fund to the FY 2024- 25 Planning Operating Budget to meet obligations re construction of intersection improvements at Laskin Road and Winwood Drive Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None *Council Member Remick filed a disclosure letter June 18, 2024 G1NI'-BEA City of Virginia Beach �► 2 so �r OUR N00t�' ROBERT W.'WORTH'REMICK CF1 1:(767) �M COUNCIL MEMBER DISTRICT 6 EMAIL:WRemickr.. pac cQm. - File No. 0084983 October 10, 2023 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 The Canopy, a mixed-use development at 1413 Laskin Road in District 6. In September 2022, before I was elected to the City Council, the City Council approved a conditional change of zoning for The Canopy project. The project is not anticipated to be the subject of a future transaction of the City Council, but in my capacity as the councilmember for District 6, 1 have been contacted by members of the surrounding residential community and the developer regarding a potential stoplight at the intersection of Laskin Road and Winwood Drive. Winwood Drive provides access from Laskin Road to a residential neighborhood, and Winwood Drive is adjacent to The Canopy. 2. The Franklin Johnston Group is the project developer, and it is a client of Colliers International, which is the leasing entity for office and retail space at The Canopy. I have a personal interest in Colliers International Virginia, LLC ("Colliers") because 1 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 although the Franklin Johnston Group is a client of Colliers, because I do not personally provide services to the Franklin Johnston Group, the Act provides that I may participate as the District Councilmember in transactions related to The Canopy, such as the requested stoplight, upon disclosure of this interest. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH.VIRGINIA 23456 Mrs. Amanda Barnes -2- October 10,2023 Re: Disclosure Pursuant to Virginia Code§2.2-3115(I) 4. 1 hereby disclose the facts above and declare that I am able to participate in such transactions 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. Sincerely, W1 � orth Remick Councilmember R W R/RRI 1 AN ORDINANCE AUTHORIZING (1)THE EXECUTION OF 2 A COST PARTICIPATION AGREEMENT WITH TFJG 3 CANOPY, LLC FOR THE CONSTRUCTION OF 4 INTERSECTION IMPROVEMENTS AT LASKIN ROAD 5 AND WINWOOD DRIVE AND (2) APPROPRIATING 6 $1,000,000 FROM FUND BALANCE OF THE GENERAL 7 FUND TO MEET THE CITY'S OBLIGATIONS FOR THOSE 8 IMPROVEMENTS 9 10 WHEREAS, TFJG Canopy, LLC, a Virginia limited liability company (the 11 "Developer") is in the process of acquiring a 12.41+/- acre parcel located at 1413 Laskin 12 Road in Virginia Beach from the School Board of the City of Virginia Beach. The Developer 13 plans to construct a mixed-use development with office, retail, residential and restaurant 14 elements (the "Project"); 15 16 WHEREAS, the western edge of the Project is at the intersection of Laskin Road and 17 Winwood Drive (the "Intersection"). The Developer has approached the City and requested 18 that the City participate in improvements to the Intersection in an amount not to exceed 19 $1,000,000; 20 21 WHEREAS, the proposed improvements include a traffic signal to control four-way 22 vehicular traffic and three-way pedestrian traffic (east-west crossings on both sides of 23 Laskin Road and a north-south crossing on the east side of Laskin Road)(collectively, the 24 "Intersection Improvements"); 25 26 WHEREAS, construction of the Intersection Improvements will enhance pedestrian 27 safety and connectivity in the area, and the traffic signal will be necessary when the Project 28 is complete; 29 30 WHEREAS, to fund the City's contribution towards the Intersection Improvements, it 31 is proposed to appropriate $1,000,000 from the fund balance of the General Fund; and 32 33 WHEREAS, cost participation in the Intersection Improvements will provide for the 34 sooner construction of those improvements and benefit pedestrian and vehicular traffic in 35 the Laskin Road corridor to the betterment of the City. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 1. That the City Manager is hereby authorized to execute a cost participation 41 agreement between the City and Developer for the construction of the Intersection 42 Improvements as shown on Exhibit A, in accordance with the Summary of Terms, attached 43 hereto as Exhibit B, and such other terms, conditions or modifications as may be 44 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 45 46 2. That$1 ,000,000 is hereby appropriated,with revenue increased accordingly, 47 from the fund balance of the General Fund to the FY2024-25 Operating Budget of the 48 Department of Planning to meet the City's obligations set forth in the cost participation 49 agreement. 50 51 3. This ordinance shall be effective immediately. If the cost participation 52 agreement is not executed by June 30,2024,the funds appropriated in paragraph 2,supra, 53 shall be re-appropriated in the same manner as provided for capital projects in Section 9 of 54 the FY2024-25 Capital Improvement Program Appropriation Ordinance to allow the City to 55 execute the agreement. 56 57 Adopted by the Council of the City of Virginia Beach,Virginia,on the 18 t h day of 58 ,Tune , 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: Planning Department City Attorney CA16553 \\vbgov.com\dfs 1\applicationslcitylawlcycom32\wpdocs\d004051\00971313.doc 6/7/24 R-1 Slgnol Pole& Controller Lepend PAulrp Dloprom NN osms Am to rtrtw a,lat, 0 owmut*cow♦I000wm[I!I O aw•aJ ftg awl%M1K F O HKsrt ow w4tr f••Y•I•.I r�rR,l w rr•Ir/•a prr Mal•sb r 1RRI N Ir P~w sow.R.SPA.MIIISM nw. syw•I�.waaXufi,al.Yi .ra�lr warts.rraMwKaR/IIIIYM € di .Illto.r w+r w.ouo..m 0 rpcsrK ow w•nr /��w. ftwrr x Sy ft + lr fMIrMIh/a!r III ww�rwarlw hAwMwKRwwM ~Dr w SN•Iwra•a/rtllf M N M M ! M [flRr'wr%f•AIRnY Sti3 wIIrr1I► Csmsrllitr—,%,w a3 R mm s r.lM..rro.w ll•Irar SIrr N•SwnIV Iwr/r..Ir g3l•wat lwaw MnrMH.o+1 aft rIM M1 fyr'P1A\trr! 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I• !3 LAN a,tatlAt IM MACTIO1 01 vt Oft M Ila3alh 401 plrrptrrr '"'w`w"r°I�cw"".N."",..Tr;wl TT��FF J.r Wr a war.a(rtr co'o rM'.wR Wf NO.INII♦p 0. SIMrrrraw SY PMtr•rC!4 c-a,. r6C ou+Ii.�l[. a�w.t�r. �ELF I.tlI A/ EXHIBIT B SUMMARY OF TERMS COST PARTICIPATION AGREEMENT FOR LASKIN ROAD AND WINWOOD DRIVE INTERSECTION IMPROVEMENTS DEVELOPER: TFJG Canopy, LLC, a Virginia limited liability company. SCOPE OF PROJECT: Design and construction of a traffic signal and associated improvements to control four-way vehicular traffic and three- way pedestrian traffic (east-west crossings on both sides of Laskin Road and a north-south crossing on the east side of Laskin Road) (the "Intersection Improvements") COST PARTICIPANT: City of Virginia Beach CONSTRUCTION COSTS: Once design is complete, Developer to solicit bids for the Intersection Improvements to be constructed on behalf of the City. City to pay actual costs in an amount not to exceed one million dollars ($1,000,000). SPECIAL TERMS AND CONDITIONS: City to approve final design prior to the solicitation of bids. Once constructed, the Intersection Improvements to be dedicated to the City. 60 ITEM— VI.K.16 ORDINANCESIRESOL UTIONS ITEM#75855 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to RENEW permits to ALLOW Emergency Medical Services agencies to operate in the City re American Medical Response Mid-Atlantic, Inc.; Children's Hospital of King's Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; Midwest Medical Transport; Nightingale Regional Air Ambulance;Reliance Medical Transport;Robbie's Ambulance Service,Inc.; Special Event Providers of Emergency Medical,Inc. and Tidewater Medical Transport,Inc. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 A RESOLUTION TO GRANT PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES AGENCIES 3 TO OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 6 an emergency medical services agency or any emergency medical services vehicle within 7 the City must first obtain a permit from City Council, and such permits must be renewed 8 on a biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the 11 following agencies: American Medical Response Mid-Atlantic, Inc.; Children's Hospital 12 of the King's Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; Midwest 13 Medical Transport, LLC; Nightingale Regional Air Ambulance; Reliance Medical 14 Transport; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency 15 Medicine, Inc.; and Tidewater Medical Transport, Inc.; and 16 17 WHEREAS, the above-listed private ambulance agencies perform services not 18 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 19 transports, which include both basic and advance life support calls. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH; 23 24 1. That the City Council hereby grants renewed permits to the following agencies: 25 American Medical Response Mid-Atlantic, Inc.; Children's Hospital of the King's 26 Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; Midwest 27 Medical Transport, LLC; Nightingale Regional Air Ambulance; Reliance 28 Medical Transport; Robbie's Ambulance Service, Inc.; Special Event Providers 29 of Emergency Medicine, Inc.; and Tidewater Medical Transport, Inc. 30 31 2. That these permits shall be effective from July 1, 2024 to June 30, 2026. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 18th day of June , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Yu - e gency Medical Services City 76-v/4 Office CA16522 R-2 May 28, 2024 61 ITEM— VI.K.17 ORDINANCES/RESOLUTIONS ITEM#75856 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to APPOINT Dana R. Harmeyer to the position of Deputy City Attorney, effective July 11, 2024 Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE APPOINTING DANA R. HARMEYER TO 2 THE POSITION OF DEPUTY CITY ATTORNEY 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to § 2-166 of the City Code, Dana R. Harmeyer is hereby appointed to 7 the position of Deputy City Attorney, effective July 11, 2024. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of 10 .Tune 2024. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: V,A ^ L, City Attorney's Office CA16524 R-1 May 21, 2024 62 ITEM— VI.K.18 ORDINANCESIRESOL UTIONS ITEM#7585 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to APPOINT Victoria R. Eisenberg to the position of Deputy City Attorney, effective July 11, 2024 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE APPOINTING VICTORIA R. EISENBERG 2 TO THE POSITION OF DEPUTY CITY ATTORNEY 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to §2-166 of the City Code, Victoria R. Eisenberg is hereby appointed 7 to the position of Deputy City Attorney, effective July 11 , 2024. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of 10 J u n e 2024. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office CA 16410 R-1 February 1, 2024 63 ITEM— VI.K.19 ORDINANCESIRESOL UTIONS ITEM#75858 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation of the City Manager effective July 1, 2024(Requested by City Council) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2024, the annual salary of the City Manager, which is 12 currently $303,345, shall be increased by 3.5% to $313,962, and his car allowance shall 13 remain at $9,000 annually. In accordance with his contract, the City's contribution to his 14 deferred compensation account shall equal 6% of his new salary. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of June , 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16512 R-1 May 16, 2024 64 ITEM— VI.K.20 ORDINANCESIRESOL UTIONS ITEM#75859 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation of the City Attorney effective July 1, 2024(Requested by City Council) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2024, the annual salary of the City Attorney, which is 12 currently $263,206, shall be increased by 3.5%to $272,418; the City's contribution to his 13 deferred compensation plan shall remain at$10,000 annually; and his car allowance shall 14 remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of June , 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16513 R-1 May 16, 2024 65 ITEM— VI.K21 ORDINANCESIRESOL UTIONS ITEM#75860 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation of the City Clerk effective July 1, 2024 (Requested by City Council) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2024, the annual salary of the City Clerk, which is currently 12 $129,647, shall be increased by 3.5% to $134,185, and the City's contribution to her 13 deferred compensation account shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of June , 2024. APPROVED AS TO LEGAL SUFFICIENCY. City Attorney's Office CA16514 R-1 May 16, 2024 66 ITEM— VI L22 ORDINANCESIRESOL UTIONS ITEM#75861 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation of the City Real Estate Assessor effective July 1, 2024 (Requested by City Council) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 the City Council; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That, effective July 1, 2024, the annual salary of the City Real Estate Assessor, 13 which is currently $147,000, shall be increased by 3.5% to $152,145, and she shall 14 receive an additional salary increase of$5000, added after the 3.5% has been applied, 15 for a total salary of$157,145. Her car allowance shall remain at$6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of June 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16516 R-2 June 11, 2024 67 ITEM— VI.K.23 ORDINANCESIRESOL UTIONS ITEM#75862 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation of the City Auditor effective July 1, 2024 (Requested by City Council) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2024, the annual salary of the City Auditor, which is currently 12 $157,568, shall be increased by 3.5% to $163,083. His car allowance shall remain at 13 $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of June , 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16515 R-1 May 16, 2024 68 ITEM— VI.K.24 ORDINANCESIRESOL UTIONS ITEM#75863 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT a donation of Radiation Detection Equipment from the Securing the Cities(STC)Program re replace Fire Department aging and outdated equipment Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE TO ACCEPT A DONATION OF 2 RADIATION DETECTION EQUIPMENT 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 A donation of radiation detection equipment is hereby accepted from the Securing 8 the Cities Program, which is operated by the United States Department of Homeland 9 Security. The City makes no representation that it will replace such items at the end of 10 their useful life- The City Manager is authorized to execute the proposed Memorandum 11 of Agreement/Understanding provided such document has been reviewed and approved 12 as to form by the Office of the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day of June , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C ttorney's Office CA16540 R-1 June 4, 2024 Memorandum of Agreement/Understanding (MOA/MOU) Securing the Cities (STC) National Capital Region (NCR) AGREEMENT entered into between the District ofColumbia Homeland Security and Emergency Management Agency ("HSEMA"), 2720 Martin Luther King Jr Avenue SE, Washington, D.C. 20032,and the STC Regional Partners identified on the attached signature page, for the acquisition and distribution of goods and services pursuant to the Securing the Cities Program("STC Program" or"the Program").This Agreement is a statement of intent,and should not be construed as a legally binding contract between HSEMA and the STC Regional Partners("the parties"). WHEREAS, HSEMA and the STC Regional Partners intend to work in concert with other regional agencies to develop and implement systems for coordinated and integrated detection, interdiction, and notification of illicit materials outside regulatory control that may be used in a terrorist attack or as a weapon of mass destruction within the region;and WHEREAS, HSEMA and the STC Regional Partners recognize the critical need for mutual information sharing, operational integration, and regional cooperation to implement the STC Program effectively; and WHEREAS, HSEMA has received or expects to receive monetary and non-monetary assistance ("Federal Funding") from the federal government including substantial involvement in the program development;and WHEREAS, such Federal Funding is to be used exclusively to support the STC program implementation; and WHEREAS, HSEMA and the STC Regional Partners agree to collaborate in the design and operations of STC; NOW THEREFORE,the parties agree as follows: 1. HSEMA and the STC Regional Partners agree to work collaboratively in development of information confidentiality and limited access to sensitive data. This agreement is limited to only ensure information shared between agencies within the Information Exchange Plan is fully supported and is not intended to grant open access to all agency information to personal individual information. 2. HSEMA agrees to provide operational information and complete all reporting mechanisms pursuant to documenting the implementation and operation of provided equipment,goods, and services. I 3. The parties agree to provide timely notification and share security information with each other related to deployment, operation of equipment, goods and services pursuant to this agreement. 4. The STC Regional Partners will provide and maintain a primary liaison to HSEMA including name,work address,e-mail address,and telephone numbers. 5. The parties agree to participate in the STC committee goods and services selection process seeking collaboration to determine the best regional solutions.A single vendor is preferred to increase purchase power and reduce maintenance costs. When absolutely necessary, a multi-vendor good/service solution will be considered only if it best meets the regional requirements. 6. If a single source good or service is identified as the best regional solution,the parties agree to work within the STC committee process to work out any dispute resolution. 7. The STC Regional Partners will use any equipment or goods received or purchased through the STC Program only for the purposes for which they are intended and shall keep them in good working order. The parties agree to cooperate in the maintenance of the equipment or goods pursuant to this Agreement. 8. The STC Regional Partners agree to reasonably participate in all region training exercises providing sufficient personnel and equipment as determined necessary by the STC committee process. 9. The STC Regional Partners agree to comply with HSEMA guidelines regarding documentation and submission requirements for reimbursement for training and exercise participation in furtherance of the STC Program. 10.Any amendments to this agreement must be in writing and signed by authorized representatives of the parties. 11.This agreement will remain in effect from the date each STC Regional Partner's authorized representative signs the Agreement, unless terminated by either party within 30 days of written notification. In the event that an STC Regional Partner requests to opt out of this Agreement, any equipment received or purchased through the STC Program shall be returned to HSEMA within 60 days for redistribution among the remaining STC Regional Partners. 2 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates appearing opposite their respective signatures. Clint Osborn Date Acting Director Homeland Security and Emergency Management Agency [Insert Agency Executive] Date Title Insert Agency Name 3 69 ITEM— VI.K.25 ORDINANCESIRESOL UTIONS ITEM#75864 U Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $2,155,634 from the Virginia Ofce of Children's Services to the FY2023-24 Human Services Operating Budget and AUTHORIZE a local match of$538,762 re Children's Services Act(CSA)Program Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE 3 DEPARTMENT OF HUMAN SERVICES FOR THE 4 CHILDREN'S SERVICES ACT PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $2,155,634 is hereby accepted from the Virginia Office of Children's Services 10 and appropriated, with revenue from the Commonwealth increased 11 accordingly, to the FY 2023-24 Operating Budget of the Department of Human 12 Services for the Children Services Act Program. 13 14 2) A required match of $538,762 is hereby authorized to be paid from available 15 funds in the Department of Human Services Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day of June 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 Attorneys ffice CA16533 R-2 June 7, 2024 70 ITEM— VI.K.26 ORDINANCESIRESOL UTIONS ITEM#75865 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$23 7,658from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re support the Permanent Supportive Housing Program Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 I AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO SUPPORT THE PERMANENT SUPPORTIVE 3 HOUSING PROGRAM 4 S BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $237,658 is hereby accepted from the Virginia Department of Behavioral Health 9 and Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the FY 2023-24 Operating Budget of the Department of Human 11 Services to support the Permanent Supportive Housing Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day of June , 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 ttomey's Office CA16543 R-1 June 6, 2024 71 ITEM— VI.K.27 ORDINANCESIRESOL UTIONS ITEM#75866 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$200,000 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re modernize the Electronic Healthcare Record System Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO MODERNIZE THE DEPARTMENT OF HUMAN 3 SERVICES (DHS) BEHAVIORAL HEALTH 4 DEVELOPMENTAL SERVICES' ELECTRONIC 5 HEALTHCARE RECORD SYSTEM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $200,000 is hereby accepted from the Virginia Department of Behavioral Health 11 and Developmental Services and appropriated, with revenue from the Commonwealth 12 increased accordingly, to the FY 2023-24 Operating Budget of the Department of Human 13 Services to modernize the Behavioral Health Developmental Services' Electronic 14 Healthcare Record System. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of June 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 City ttorney's Office CA16536 R-1 June 4, 2024 72 ITEM— VI.K.28 ORDINANCESIRESOL UTIONS ITEM#7586 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRUTE$99,452 and$56,830 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re expand Community Based Substance Use Services Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 18, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO EXPAND COMMUNITY BASED SUBSTANCE USE 3 SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $99,452 is hereby accepted from the Virginia Department of Behavioral Health 9 and Developmental Services and appropriated, with revenue from the 10 Commonwealth increased accordingly, to the FY 2023-24 Operating Budget of 11 the Department of Human Services to expand Community Based Substance 12 Use Services. 13 14 2) $56,830 is hereby accepted from the Virginia Department of Behavioral Health 15 and Developmental Services and appropriated, with federal revenue increased 16 accordingly, to the FY 2023-24 Operating Budget of the Department of Human 17 Services to expand Community Based Substance Use Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day of June 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 Ci o s Office CA16534 R-1 May 30, 2024 73 ITEM— VI.L.1 PLANNING ITEMS ITEM#75868 The following registered to speak.- Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Halle Januchowski, 2616 Broad Bay Road, Phone: 641-1265, spoke in OPPOSITION Beth Dubinsky, 2030 Long Creek Road, Phone: 581-6589, spoke in OPPOSITION Robert Lawlor spoke in OPPOSITION Upon motion by Council Member Taylor, seconded by Council Member Berlucchi, City Council APPROVED,AS CONDITIONED, application of CARL R.ELLIS, JR for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the lot to create two (2) single-family dwelling lots at 2620 Broad Bay Road DISTRICT 8(Deferred from May 21, 2024) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CARL R. ELLIS, JR for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the lot to create two (2) single-family dwelling lots at 2620 Broad Bay Road (GPINs 2510517095, 2510518047) DISTRICT 8 The following conditions shall be required: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning& Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY,"prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled " PROPOSED TWO STORY FRAME SINGLE FAMILYDWELLING PREPARED FOR RICK ELLIS LOT 8A",prepared by Fentress Home Design, dated July 11, 2022, " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8B", prepared by Fentress Home Design, dated July 11, 2022, and renderings entitled "ELLIS— LOT 8A — January 17, 2024" and "ELLIS—LOT 8B—January 17, 2024", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum fifty(50)feet wide. Said reservation for future dedication shall be a minimum of five (5)feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. June 18, 2024 74 ITEM— VI.L I PLANNING ITEMS ITEM#75868 (Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`h day of June Two Thousand Twenty Four. Voting: 10- 1 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor and Vice Mayor Rosemary Wilson Council Members Voting Nay: Sabrina D. Wooten Council Members Absent: None June 18, 2024 Li O -- R10 o � o o R1 (1 �. \C5- R10 �� a v. -Bay--' .�► o R10 El ® site Carl R. Ellis, Jr Property Polygons 2620 Broad Bay Road QZoning S Building Feet 02040 80 120 160 200 240 75 ITEM— VIM APPOINTMENTS ITEM#75869 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE OLD BEA CH DESIGN RE VIE W COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS&RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN A GRICUL TURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION June 18, 2024 76 UNFINISHED BUSINESS ITEM#75870 Mayor Dyer recognized Boy Scouts and Scout Masters from Troop#996 who were in attendance. June 18, 2024 77 ADJOURNMENT ITEM#758 71 Mayor Robert M.Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 7:47 P.M. errs elius Chief Deputy Ci Clerk Amanda Barnes, C Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia June 18, 2024