Suffolk City Council Meeting Full Agenda (June 17, 2020) by City of Suffolk, Virginia

SUFFOLK GITY COUNCIL MEETING OF JUNE 17,2020

NANSEMOND

1646

SUFFOLK

'1742

REGULAR SESSION

Begins at7 P.M.

SUFFOLK CITY COUNCIL AGENDA June 17,2020 7:00 p.m. City Council Chamber

Call to Order

Nonsectarian lnvocation

Approval of the Minutes

Special Presentations

Removal of ltems from the Consent Agenda and Adoption of the Agenda

Agenda Speakers

Consent Agenda - An ordinance to accept and appropriate Walmart Community Grants for the City of Suffolk Sheriff's Department

Consent Agenda

An ordinance to accept and appropriate funds from the

Virginia Land Conservation Foundation for the Blackwater River Project o

Consent Agenda - An ordinance to appropriate funds from the Refuse Services Fund Unrestricted Net Position to the FY 2019-2020 Refuse Fund Budget in an amount not to exceed $800,000

10.

Consent Agenda - An ordinance to amend and re-ordain the adopted FY 20202021 Fee Schedule for the City of Suffolk, Virginia to coniinue to temporarily waive the E-Check and Charge Card Convenience fees and Transit fares

11.

Public Hearing - An ordinance authorizing the issuance and sale of revenue bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof

12.

Public Hearing

An ordinance authorizing the conveyance of certain

real

property known as Tax Map & Parcel 40A.76 13.

Public Hearing

14.

Public Hearing

Consideration of an appeal of the decision of the Historic Landmarks Commission in regard to request for Certificate of Appropriateness HLC2019-0038, for property located at 130 BrewerAvenue, Zoning Map 34G17, Block 2, Parcel B*18.19.20

An ordinance vacating and abandoning portions of Maple

Street, Appleton Avenue, Walnut Street, and Mulberry Street, otherwise generally identified as being those portion of streets located between Warwick Street and Madison Avenue, East of Factory Street, STV20'19-001

15.

Public Hearing - An ordinance to authorize a quitclaim deed between the City of Suffolk and Birdco Energy for portions of Maple Street, Appleton Avenue, and Walnut Street, pertaining to Street Vacation Request STV2019-001

16.

Public Hearing -An ordinance to authorize a quitclaim deed between the City of Suffolk and Birdsong Corporation for a portion of Mulberry Street pertaining to Street Vacation Request STV201 9-001

17.

Public Hearing - An ordinance vacating and abandoning a portion of Mill Street, othenruise generally identified as being that portion of Mill Street located east of County Street and between Van Buren Avenue and Mill Street, SW2019-002

18.

Public Hearing -An ordinance to authorize a quitclaim deed between the City of Suffolk and Birdsong Corporation for a portion of Mill Street pertaining to Street Vacation Request STV201 9-002

19.

Public Hearing

An ordinance vacating and abandoning an unnamed alley, generally

otheruise identified as being that portion of unnamed alley located north of Wanvick Street and between Factory Street and Mulberry Street, sTV2019-003 20.

Public Hearing - An ordinance to authorize a quitclaim deed between the City of Suffolk and Birdsong Corporation for a portion of an unnamed alley pertaining to Street Vacation Request STV201 9-003

21.

Public Hearing - An ordinance to authorize a quitclaim deed between the City of Suffolk and Turlington Properties LLC quitclaiming all rights, title, and interest, if any, the City of Suffolk may possess in an unimproved private 50' right-of-way, known as Pit Road, and located on the north side of Turlington Road

22.

Ordinance - An ordinance authorizing the City Manager to accept a Deed OpenSpace Easement over the common passive open-space within Phase 1 of the Cluster Subdivision Plat The Preserve at Lake Meade, Tax Map 26, Parcel 69-69A-PT34-6; FSB2020-00003

23.

Ordinance -An ordinance authorizing the City Manager to accept a Deed OpenSpace Easement over the common passive open-space within the Cluster Subdivision Plat of Meadows Landing, Tax Map 43, Parcel 21; FSB2020-00002 Ordinance - An ordinance authorizing ihe City Manager to accept a Deed OpenSpace Easement over the common passive open-space within the Cluster Subdivision Plat of Chuckatuck Cove, Tax Map 5, Parcel 3"OS-B; FS-2009-09

Resolution A resolution in support of the redesignation of local workforce developments, the Greater Peninsula Workforce Board and the Hampton Roads Workforce Council, into a new single local workforce development area

26.

Staff Reports 2

27.

Coronavirus Update related to COVID-19

The City Manager or designee will provide an update

28.

Motion - A motion to move the start time, for City Council Meetings in July and August,2020,to 6:00 p.m., unless cancelled

29.

Motion - A motion to schedule a City Council Work Session for Wednesday, July 1,2020, at 4:00 p.m., unless cancelled

30. 31. 32. 33.

Non-AgendaSpeakers New Business

Announcements and Comments

Adjournment

City Council Work

Session

March 4,2020

Work Session of the Suffolk City Council was held in the City Council Chamber, 442West Washington Street, on Wednesday, March 4,2020,4:30 p.m. PRESENT Council Members Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Michael D. Duman Roger W. Fawcett Timothy J. Johnson Curtis R. Milteer, Sr. Lue R. Ward, Jr. Patrick G. Roberts, City Manager Helivi L. Holland, City Attorney Erika S. Dawley, City Clerk

ABSENT Donald Z. Goldberg (excused) Mayor Johnson advised that Council Member Goldberg would be excused for tonight's proceedings.

TRANSPORTION AND TRANSIT FUNDING UPDATE

Utilizing a PowerPoint presentation, Kevin Page, Executive Director, Hampton Roads Transportation Accountability Commission, gave

report on the above referenced item.

Refening to the presentation, Mayor Johnson called for an explanation of the difference between Hampton Roads Transit and the transit systems in Suffolk and Williamsburg. Mr. Page explained that the transit systems in Suffolk and Williamsburg address the needs of their specific localities, but the Hampton Roads Transit crosses the boundaries of multiple jurisdictions. Referring to the presentation, Council Member Duman asked for a copy of the PowerPoint presentation. Referring to the presentation, Council Member Duman queried about the enforcement and collection methodology for the proposed highway use assessment fee on electric vehicles. Mr. Page indicated it has not been determined yet, but different options are under consideration,

Vice Mayor Bennett opined about the feasibility of Hampton Roads Transit offering transit services citywide with 15-minute routes, with no additional cost. Mr. Page reported that at this time, that service is not feasible, but with increased density, the City might be able to collaborate with Hampton Roads Transit.

Mayor Johnson inquired about the status of the legislation regarding Route 58 and Route 460. Mr. Page said that once the current congestion mitigation projects are complete, staff of the Hampton Roads Transportation Accountability Commission would work with the Hampton Roads Transportation Planning Organization to start diversifying congestion relief projects across the region, including Route 58 and Route 460.

City Council Work Session

March 4,2020

Referring to the presentation, Council Member Ward solicited information about any improvements for the area near Interstate 664 and Route 17. Mr. Page replied that the Bowers Hill Interchange Study might mitigate some of the traffic congestion in that area.

TRANSPORTATION CAPITAL IMPROVEMENT PROJECTS UPDATE

Utilizing a PowerPoint presentation, Public Works Director Louis Hansen supplied a synopsis of the above referenced item.

Referring to the presentation, Vice Mayor Bennett called for information about any homes near the Nansemond Parkway/Wilroy Road Overpass project. Public Works Director Hansen advised that he was not aware of the specific location of any homes adjacent to the project, but he thought that it was a significant distance. Refening to the presentation, Vice Mayor Bennett opined about the elimination of the entire pasture in the Bridlewood subdivision, as it relates to the Nansemond Parkway/Wilroy Road Overpass project. Public Works Director Hansen said that at this point the impact on the pasture has not been determined yet.

Mayor Johnson inquired about the ownership of the barn and its property in the Bridlewood subdivision. Public Works Director Hansen explained that the barn is owned by the homeowners association and then subleased.

Referring

to the presentation, Vice Mayor Bennett queried about any impact on the historic

Sessoms House, as it relates to the Nansemond Parkway/Wilroy Road Overpass project. Public Works Director Hansen replied that the project will not have any impact on the aforementioned historical home since that area was completely avoided.

Refering to the presentation, Council Member Johnson asked about the opportunity for public input on the Nansemond Parkway/Wilroy Road Overpass project. Public Works Director Hansen indicated that after the environmental impacts of the project have been studied, the City will receive public comment on the project late April or early May. Referring to the presentation, Council Member Johnson opined about any adverse impact on those bidding on the Route 58 and Route 58/Marming Bridge Intersection project, as it relates to the maintaining two open lanes during the course of the construction. Public Works Director Hansen stated that he did not anticipate any issues as it relates to the ability to maintain two lanes of traffic during the construction of the proj ect. Referring to the presentation, Council Member Johnson called for clarification about the installation of sidewalks, as it relates to the Pitchkettle Road Realignment project. Public Works Director Hansen replied that the project is only in the concept design phase and the matter has yet to be determined.

UTILITY ENTERPRISE PLAN OF FINANCE _ 2O2O WATER AND SEWBR REVENUE BOND ISSUANCE

Utilizing a PowerPoint presentation, David Rose, Senior Vice President, Davenport and Company, the City's financial consultants, offered a summary of the above referenced item.

March 4,2020

City Council Work Session

Council Member Milteer requested information on any potential impact to the real estate tax rate, as it relates to the proposed bond issuance. Mr. Rose advised that he was unable to estimate any impact on the real estate tax rate for the upcoming fiscal year, but there might be an effect in the future.

Vice Mayor Bennett opined about the potential impact on the City's water and sewer rates, as it relates to the proposed bond issuance. Mr. Rose stated that at this point future rates are an unknown. CLOSED MEETING City Clerk Dawley presented the Closed Meeting motion for City Council's consideration:

Pursuant to Virginia Code Sections 2.2-3711(AX8) and (A)(1), the consultation with legal counsel employed by a public body regarding specihc legal matters requiring the legal advice of such counsel, and the discussion, consideration, or interviews of prospective candidates for appointment and the assignment, appointment, and performance of specific public officers or appointees of the City, specifically the appointments as shown on the attached list for vacancies or term expirations for Agricultural Advisory Committee, Early Childhood Development Commission, Economic Development Authority of the City of Suffolk, Fine Arts Commission, Human Services Advisory Board, Local Board of Building Code Appeals, Tidewater Youth Services Commission and Wetlands Board.

Council Member Fawcett, on a motion seconded by Council Member Johnson, moved that City Council convene in a closed meeting for the above referenced purpose, by the following roll call vote:

AYES: NAYS:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward None (Council Member Goldberg was excused.)

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City Council convened in Closed Meeting at 6:00 p.m. The Closed Meeting concluded at 6:13 p.m.

Teste:

Erika S. Dawley, MMC, City Clerk

Approved: Linda T. Johnson, Mayor

City Council Regular

Meeting

March 4,2020

Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, March 4,2020, at 7:00 p.m. PRESENT Council Members Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Michael D. Duman Roger W. Fawcett Timothy J. Johnson Curlis R. Milteer', Sr. Lue R. Ward, Jr. Patrick G. Roberts, City Manager Helivi L. Holland, City Attorney Erika S. Dawley, City Clerk

ABSENT Donald Z. Goldberg (excused)

CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order and advised that Council Member Goldberg would be excused for tonight's proceedings. Council Member Milteer offered the Invocation and led the Pledge of Allegiance.

FREEDOM OF INFORMATION CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of March 4,2020, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to approve the resolution, as presented, by the following vote:

AYES: NAYS:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward None (Council Member Goldberg was excused.)

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A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF MARCH 4,2020, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VTRGINIA (1950), AS AMENDED

City Council Regular Meeting

March 4,2020

APPROVAL OF THE MINUTES Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the December 18,2019, Work Session and Regular Meeting, as presented, by the following vote:

AYES: NAYS: ABTAIN:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Fawcett, T. Johnson, Milteer and Ward None (Council Member Goldberg was excused.) Council Member Duman

6 0 1

SPECIAL PRESENTATIONS There were no items under this porlion of the agenda.

REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson advised that a motion was in order at this time to adopt the agenda.

Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, to remove adopt the agenda, as presented, by the following vote:

AYES: NAYS:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward (Council Member Goldberg was excused.) None

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AGENDA SPEAKERS There were no speakers under this portion of the agenda.

CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda item: Consent Agenda ltem #7 - An ordinance to accept and appropriate funds from the City of Hampton for reimbursement of the Suffolk Police Department for staff time provided to the Hampton Roads Criminal Justice Training Academy Referring to Consent Agenda ltem #7, City Manager Roberts submitted a review of the background information as printed in the official agenda.

Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the Consent Agenda, as presented, by the following vote:

AYES: NAYS:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward None (Council Member Goldberg was excused.)

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March 4,2020

City Council Regular Meeting

PUBLIC HEARINGS

Public Hearing - An ordinance authorizing the acquisition of right of way and/or permanent temporary easements, and real property, either by agreement or condemnation, for

and the

Pruden Boulevard/Prudence Road Intersection Improvements Proj ect

Utilizing a PowerPoint presentation, Public Works Director Louis Hansen provided a report on the background information as printed in the official agenda. Michael Saunders, 407 Great Oak Court, representing self, opined about the City's response to COVID-l9. Mayor Johnson advised him that he was out of order as this portion of the meeting was reserved for comments regarding the proposed ordinance.

Hearing no additional speakers, the public hearing was closed

Council Member Duman, on a motion seconded by Council Member Ward, moved to approve the ordinance, as presented, by the following vote:

AYES: NAYS:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward None (Council Member Goldberg was excused.)

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ORDINANCES There were no items under this portion of the agenda.

RESOLUTIONS There were no items under this portion of the agenda.

STAFF REPORTS There were no items under this portion of the agenda.

MOTIONS

- A motion to schedule a City Council Work Session 4:00 p.m., unless cancelled Motion

for Wednesday, March 18, 2020, at

Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to schedule Work Session for Wednesday, March 18,2020, at 4:00 p.m., unless cancelled, by the following vote:

AYES: NAYS:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward None (Council Member Goldberg was excused.)

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City Council Regular

Meeting

March 4,2020

- A rnotion to schedule a public hearing for the March lB, 2020, City Council meeting, regarding authorizing the issuance and sale of Water and Sewer Revenue Bonds, Series 2020 Motion

Council Member Duman, on a'motion seconded by Vice Mayor Bennett, moved to schedule a public hearing for the March 18,2020, City Council meeting, regarding authorizing the issuance and sale of Water and Sewer Revenue Bonds, Series 2020, by the following vote: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward None (Council Member Goldberg was excused.)

AYES:

NAYS:

Motion

- A motion to schedule

7 0

a public hearing for the March 18,2020, City Council meeting to

consider the adoption of an ordinance authorizing the acquisition of permanent and temporary easements within the 4100 through 4300 blocks of Pruden Boulevard, either by agreement or condemnation, for the

United States Route 460 - Pruden Boulevard Water Transmission Main Project. This project is in conjunction with and being constructed as part of the Pruden Boulevard/Prudence Road Intersection Improvements Project

Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to schedule a public lrearing for the March 78,2020, City Council meeting to consider the adoption of an ordinance authorizing the acquisition of permanent and temporary easements within the 4100 through 4300 blocks of Pruden Boulevard, either by agreement or condemnation, for the United States Route 460 Pruden Boulevard Water Transmission Main Project. This project is in conjunction with and being constructed as part of the Pruden Boulevard/Prudence Road Intersection Improvements Project, by the following vote: AYES:

NAYS:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward None (Council Member Goldberg was excused.)

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NON-AGENDA SPEAKERS

Michael Saunders, 407 Great Oak Court, representing self, opined about the City's response to COVID-19.

Kelly Hengler, 9345 Eclipse Drive, representing the Crittenden-Eclipse-Hobson Heritage Civic League, spoke about the mitigation of impacts to the villages of Crittenden and Eclipse. Casey Ohmsen, 509 Oscar Babb Lane, representing self, opined about Second Amendment rights.

NEW BUSINESS

City Clerk Dawley presented the following board and commission nominations for City Council's consideration: Agricultural Advisory Committee - Thomas Vandiver, (Direct Marketing Farming representative) and Monte Walden, Sr. (Farm Service Area Local Administrative Area - Holy Neck)

March 4,2020

City Council Regular Meeting

Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to nominate and appoint the above referenced individuals to the aforementioned bodies, by the following vote:

AYES: NAYS:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward None (Council Member Goldberg was excused.)

7 0

ANNOUNCEMENTS AND COMMENTS

Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley reported on the following: ribbon cuttings for Enhanced Nutrition and Energy and the expansion of Tidewater Staffing; the upcoming Suffolk Police Department's Promotional Ceremony; the upcoming Suffolk Police Department's Badge Pinning Ceremony; the start of the application process for the Suffolk Police Department's Explorer Program; the upcoming Suffolk Restaurant Week; the upcoming Public Works Depafiment's Saint Patrick's Day Community Clea, Up; the start of Daylights Savings Time and Suffolk Mass Notification System online. Council Member Fawcett opined about the need to change batteries in smoke detectors.

Council Member Fawcett acknowledged the City's acquisition of the property from the United States National Guard for the new recreation center in the northern part of the City. Council Member Fawcett opined about COVID-I9. Council Member Milteer opined about the information presented at today's Work Session regarding the issuance of the 2020 Water and Sewer Revenue Bonds. Council Member Duman opined about the launch of the Suffolk Police Department's Explorer Program.

Council Member Duman announced he attended the following: the Mothers Against Violence Luncheon; the Little Bethel Baptist Church Black History event and King's Fork Middle School's Career Day.

Council Member Duman opined about sharing information with the public about the Comprehensive Plan process,

Council Member Ward reported he attended the following: the and Temple Beth El Black History Month Fashion Show.

Little Bethel Baptist Black History event

Council Member Ward acknowledged Mr. Saunders. Council Member Johnson acknowledged the Suffolk News Herald's coverage of the City. Council Member Johnson opined about recent tornados in Tennessee.

Vice Mayor Bennett extended his appreciation to the Public Works Department's effofis for snow removal.

Vice Mayor Bennett opined about the Suffolk Police Department's Explorer Program. 5

City Council Regular

Meeting

March 4,2020

Mayor Johnson opined about an upcoming economic development announcement.

Mayor Johnson opined about the upcoming Suffolk Police Department's Promotional Ceremony and Suffolk Police Depaftment's Badge Pinning Ceremony. Mayor Johnson advised she was attending a ribbon cutting for Sugar Momma's Bakery. Mayor Johnson opined about the presentation made by Kevin Page, Executive Director, Hampton Roads Transportation Accountability Commission, at today's Work Session regarding regional transportation and transit funding.

City Manager Roberts provided

a report on the

City's efforts as it relates to COVID-19.

Deputy City Manager D. Scott Mills gave a summary of the upcoming City's Comprehensive Plan process.

Council Membel Fawcett queried about any communication between the City and Sentara Healthcare regarding COVID-I9. City Manager Roberts said that the City's Emergency Management Services Division contact with Sentara Healthcare via Virginia Department Emergency Management. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to adjoum, by the following vote:

AYES: NAYS:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward None (Council Member Goldberg was excused.)

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There being no fuither business to come before City Council, the regular meeting was adjourned at 7:48 p.m.

feste:

Erika S. Dawley, MMC, City Clerk

Approved: Linda T. Johnson, Mayor

Special Presentations

Removal of Items from the Consent Agenda and Adoption of the Agenda

Agenda Speakers

AGEhIDA:

June 17,2020, Regular

Session

ITEM:

Consent Agenda - An ordinance to accept and appropriate Walmart Grants for the City of Suffolk SherifPs

Deparlment

Conuuunity

The City has received fnnds in the amount of $3,500 fi'orrr Walurart in suppot't of tlre City of Suffolk Sheliff s Department Community Outreach Program. The ftinding will be nsed to purchase

supplies.

Adoption of the attached ordinance is necessary to accept and appropriate these ftinds to the apptopdate line item in the Consolidated Grants FuM budget fol Fiscal Yeat2019-2020.

BUDGET IMPACT: Adoption of the ordinance wili increase the plar:ned revenues and expenditures of the Consolidated Gmnts Fund budget by $3,500 for the above-noted purpose and does uot requile local match support.

RECOMMENDATION:

ATTACHMENTS: Ordinance

Award Notifications

ORDINANCE NUMBER

ORDINANCE TO ACCEPT AND APPROPRIATE WALMART COMMUNITY GRANTS FOR THE CITY OF SUF'FOLI( SHERIF'F"S

DEPARTMENT WHEREAS, the City has received funds in the amorurt of $3,500 fi'om Walmart in support of the city of suffolk sherifPs Depar-tment conulunity outreach Plogram; and, WHEREAS, flre flinds received need to be accepted aud appropliated to the Consolidated Grants Fund budget for Fiscal Year 2079-2020 to assist with the purchase of supplies for the City of Suffolk Sheliffs Department.

NOW, THEREFORE, BE iT ORDAINED by the Council of the City of Suffolk, Vilginia, that:

The srun of $3,500 sl'rall be reflected as budget in the following accounts in the Fiscal Year 2079-2020 Consolidated Grants Fund budget: B.evenue

l -2

I 0 -2020 6 5

21 1 -21 8 1 0 -20209

0 0

C o nrmu rity Gt ant;l2l 20 WalmartCommunityGrant; i 2/20

Walmafi

$2,500 1.000

$3100 Expeuditue WalrnartComrnunity Gr afi;12 I 20 211-21810-202065_56014 Other Operating Supplies 211-21810-202091_56014 Other Operating Supplies

$2,500

l-000 s3.s00

2. The ftind amount totaling $3,500 is hereby appropr{ated for use as referenced in this ordinance and the budget approved by Ordinance Number 19-0-033, as amended, The City Managel be, and is heleby autholized and directed to do all things necessary to effectuate tliis

action.

3. This ordinance

shali be effective upon passage and shall not be published.

READ AND PASSED:

TESTE: Erika S. Dawley, City Clerk

Holland, City Attorney

From: cgadmin@cvbergrants.com <csadmin(acvbersra > Sent:Wednesday, March 1.-L,2O2O 9:36:54 PM To: I(atie A. Jones Subject: Walmart Facility# 1687 Community Grant Request Status: Request lD 59853435 Dear Grantseel<er,

Congratulationsl Facility # 1.687 has recommended your Community Grant application, Request lD 59853435, to receive a $2,500.00 grant. Please allow 4-6 weeks for delivery. lf you do not receive your checl< in that time, please contact the facility managerto mal<efurther inquiries. Foryour reference we have provided the check information

and address below: lnvoice # 61009551 Address: 150 N. Main St. Suffolk, VA23434 You will also receive a final confirmation notice once the application has passed final review with the additional payment details, but we wanted..to keep you informed on the status of your request.

We appreciate your efforts to help people live better and wish you success, Sincerely, The Walmart Community Grants Team

cGruMArL/181328887

From: cgadmin@cvbergrants.com <cgadmin@cvbergra > Sent:Sunday, March 75,2O2O 9:21:34 PM To: Katie A. Jones Subject: [EXTERNAL] Walmart Facility# 3214 Community Grant Request Status: Request tD 6022277S Caution: This email originated from a source outside of the City of Suffolk. Do not clicl< on Iinks or open attachments unless you recognize the sender and you know the content is safe.

Dear Grantseeker,

Congratulationsl Facility # 321.4 has recommended your Community Grant application, Request lD 60222775, to receive a S1,000,00 grant. Please allow 4-6 weeks for delivery. lf you do not receive your checl< in that time, please contact the mal<e further inquiries. For your reference we have provided the check information

facility manager to

and address below: lnvoice # 61059923 Address:

150 N, Main St. Suffolk, VA23434 You will also receive a final confirmation notice once the application has passed final review with the additional payment details, but we wanted to keep you informed on the status of your request,

We appreciate your efforts to help people live better and wish you success. .Sincerely, The Walmart Community Grants Team

cclMAtL/187s2949s

AGENDA:

June 17r2020,, Regular Session

ITEM:

Consent Agenda - An ordinance to accept and appropriate funds from the Virginia Land Conservation Foundation for the Blackwater River Project

The City has received a grant award of $400,000 from the Virginia Land Conservation Foundation to assist with the acquisition of property for a park along the Blackwater fuver.

Adoption of the attached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the Capital Projects Fund budget for Fiscal Year 2019-2020.

BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the Capital Projects Fund by $400,000 for the above noted purpose and does not require local fund support.

RECOMMENDATION: Adopt the attached ordinance

ATTACHMENTS: Ordinance Ordinance Authorizing City Manager to Execute Grant Agreement

ORDINANCE NUMBER

AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE \IRGINIA LAND CONSERVATION FOT]NDATION FOR THE BLACKWATER RIVER PROJECT WHEREAS, the City has received grant funds in the amount of $400,000 from the Virginia Land Conservation Foundation to assist with the acquisition of property for a park along the Blackwater River; and,

WHEREAS, the frrnds received need to be accepted and appropriated to the Capital Projects Fund Budget for Fiscal Year 2019-2020 to assist with the acquisition of property for a park along the Blackwater River.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that:

1. The sum of $400,000 shall be reflected

as budget

in the following accounts in the Fiscal Year

2019-2020 Capital Projects Fund Budget: Revenue

310-71100-3107_424070.110 BlackwaterRiver Project

$400J00

Expenditure

310-71100-3107_58213.110 LandAcquisition

State Funds

$400J00

2. The fund amount totaling $400,000 is hereby appropriated for use as referenced in this ordinance and the budget approved by Ordinance Number 19-0-033 as amended. The City Manager be, and is hereby authorized and directed to do all things necessary to effectuate this action. 3. This ordinance shall

be effective upon passage and shall not published.

READ AND PASSED:

TESTE:

Erika S. Dawley, City Clerk

olland, City Attorney

387

ORDINANCE NUMBER

2O-O -044

AN ORDINANCE AUTHORTZING THN g1'ry MANAGER TO E)(ECUTE A GRANT AGREEMENT WITH TIIE VIRGINIA LAND CONSERVATION FOUNDATION WI{EREAS, the City of Suffolk, Virginia ("City") was awarded a $400,000 grant from the Virginia Land Conservation Foundation ("VLCF") to acquire property in the South Quay ar.ea of the City for the purpose of expanding the Virginia Department of Conservation and Recreation's South Quay Sa:rdhills Natwal Area Preserve and development aCity park ("Projects'); and WHEREAS, the City is to enter into a grant agreement with VLCF, tbe terms of which include the requirement that the acquired property be dedicated for open-space under the Virginia Open-Space Land Act; and WHEREAS, the Projects will be for the use and e4joyment of the citizens and visitors of the City of Suffolk.

NOU/ TIIEREFORE BE IT ORDAINED by the Corrncil of the City of Suffolk, Virginia that:

Section 1. The City Manager is authorized substantially the same form as attached hereto.

execute

a grant

agreement with VLCF, in

Section Anyfuture dedications by the City requiled by the grant agreement and pursuant to the Open-Space Land Act wil1 requile the approval of the Suffolk City Council afler a properly advertised public hearing.

This ordinance shall be in effect upon its passage and shall not be published,

READ AND PASSED: JIINE 3,2020

TESTE: , City Clerk

AGENDA:

June 17, 2020, Regular Session

ITEM:

Consent Agenda - An ordinance to appropriate funds fi'om the Refuse Services Fund Unrestricted Net Position to the FY 2019-2020 Refuse Fr:nd Budget in an amount not to exceed $800,000

The FY 2019-2A20 Refuse Services Fund budget is projected to exceed authorized expenditures at the close of the fiscal year due to higher than anticipated solid waste disposai and recycling expenses. To prevent expenditures in excess of the authorized FY 2019-2A20 Refuse Fund budget, it is recommendedthat City Corurcil appropriate funds ftomthe Refuse Services Fundunrestricted net position in an amount not t<j exceed $800,000.

BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the FY 2019-2020 Refuse Services Fund budget by up to $800,000

RECOMMENDATION: Adopt the attached ordinance

ATTACHMENT: Ordinance

ORDINANCE NTINIBER

AN ORDINANCE TO APPROPRIATE FUNDS FROM THE REFUSE SERYICES FTJND I]NRESTRICTED NET POSITION TO T}M F'Y 2019. 2A2O REF'USE FUND BUDGET IN AN AMOI'NT NOT TO EXCEED $800,000

WHEREAS, the FY 2019-2020 Refuse Services.Fund budget is anticipated to exceed authorized budgeted expenditures at the close of the fiscal year due to higher than anticipated solid waste disposal and recycling expenses; and, WHEREAS, it is recommended that City Council appropriate funds from the Refuse Services Fund Unrestricted Net Position in an amount not to exceed $800,000 to cover projected expenses in excess of authorized budgeted expenditures in the FY 20L9-2020 Refuse Services Fund budget NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: 1. The unrestuicted net position of the Refuse Services Fund remaining on June 30, 2020, not to exceed $800,000, be appropriated to the Refuse Services Fund budget to cover projected

expenses.

The fund amount notto exceed $800,000 is hereby appropriated for use as referenced in this ordinance and the budget approved by OrdinanceNumber 19-0-033, as amended. The City Manager be, and hereby is authorized and directed to do all things necessary to effectuatg this action.

3. This ordinance

shall be effective uponpassage and shali not be published.

READ AND PASSED:

TESTE: Erika S. Dawley, City Clerk

AGENDA:

June 17, 2020, Regular Session

ITEM:

Consent Agenda - An ordinance to amend and re-ordain the adopted FY 2020-2021Fee Schedule fol the City of Suffolk, Virginia to continue to temporarily waive the E-Check and Chalge Card Convenience fees and Tlansit fares

At the Malch 3 I and May 6,2020, City Council meetings, ordinances were adopted to amend and rc-ordain the adopted FY 2019-2020 Fee Schedule to temporarily waive E-Check Convenience and Charge Card Convenience fees and Transit fares in response to the COVID-19 emergency. The temporary fee waivers are set to expire with the start of the new fiscal year on luly 1,2020. Attaclred for City Council's consideration is an ordinance to arnend and re-ordain the FY 2020-2021Fee Schedule to continue to temporarily waive the E-Check and Charge Card Convenience fees and Transit fares.

RECOMMENDATION: Adopt the attached ordinance

ATTACHMENT: Ordinance FY 2020 -2021 F ee Schedule (Amended)

ORDINANCE NUMBER AN ORDINANCE TO AMEND AND RE-ORDAIN THE ADOPTED FY 2O2O-202I FEE SCHEDULE FOR THE CITY OF SUFFOLK, VIRGINIA TO CONTINUE TO TEMPORARILY WAIVE THE E.CHECK AND CHARGE CARD CONVENIENCE FEES AND TRANSIT F'ARES WHEREAS, the Governor of the Commonwealth of Virginia and the City Manager for the City of Suffolk, Virginia have declared a state of emergency in response to the continued spread of the novel coronavirus or COVID-19; and, WHEREAS, health officials advise social distancing is in the best interest of public health.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Vilginia, that citizens may continue to remit payment to the City without incuring E-Check and Charge Card Convenience fees and that rider fares shall be waived until such point as the state of emergency is concluded.

BE IT FURTHER ORDAINED, that the Fee Schedule fol the City of Suffolk as adopted by Ordinance Number 20-0-031, is hereby amended and re-oldained to read as attached, READ AND PASSED:

TESTE: Erika S. Dawley, City Clerk

Apploved as to form:

Hel ivi L. Holland, City Attorney

(,I I.\, Ol.'

i^t IIiliol,ti. lr!)i s( lItit)[]t,ti

Fiscal Ycrr 2019-2020

Fccs

Fiscrl Ycor 2020-2021

AIRPOII'I' lr,ltrlti Ensine T-Hanger (nloDthlt,)' Siule Enciue T-Ha:r,rer (ntonthly)i Large T-Hauger Storage Iloonr (Dronlhly)* Smoll T-Hancer S{orage Roolr 0nonlhly)* Orenright T-Hargcr Owright Tie Dorvn (rvaived rvith fuel fill up) \,lonthlv Sinsle Enuine Tie Dorvnr illonrhly lvlulti Engiile Tie Dorvr*

let ! t4rl"r Sp!1ce-{pS! lrord Scryice After Nonnal Busilcss Horus (call in)*

100.00

250-00/Day

Airport Usc fces Oillside storn8c Fee \,lark+p on Fucl Salcs

r9.00

249.00 95.00 75.00 35.00 10.00 2s.00 25.00 25.00

$2,500.00ino.

25.00 25.00 I 00.00 250.00i Day

35_00

$2,500.00/n:o. Average for all pricas 35% (prcjectcd) 35.00

.25 black & rvhite; .45 colorler mpy

.25 black & Mrite; .45 color per copy

50.00 50.00

50.00

100.00 s0.00

100.00

7.s0 20.00

7.50 20.00

12.00

t2.00

Average for all prices 35% (prcjecled)

1bs'Tug

319.00 249.00 95.00 75.00 35.00 I 0.00 25 00

Pric$ cohristchl ttith ilaithhoriil{ tirpof,r. I This tuotilt fltchttrcs lcpc\liilg ot ow cailryelilioil ASSESSOR Copies (Kg Systerni Cuslorn query, tapc, CD-ROIr,I Qnaterial plus prcBraouDers lime) (per

miilrte) Land Usc Relalidation Fee Land Use Applic,atiou __ Latrd Use Application Late Fee Relabilitrted Stnrcture Application Fee

50.00 50.00

CLERI( OF THD CIRCUIT COURT Cornurorrvealth's Atlomev (misdenrenng Conrurons'ealth's AItolllgy Glolly)

ileriffs Serlice Larrsler ofRcal Estate (pgr parcel) crry Qiqulet City Wrils qldl\jlnlltlr!1rytio!! Larv Library Grartor (per $5001Q.0 valqcJ

1.00

l/3 of stale l/3 ofslate

l/3 of state l/3 ofstate

400

4.00 0.25

0.25

)oo Jail Adrnission Fee

25.00

25 00

,C_qqlJ1p!r"SeSq!,,ty-|"" Blood TesrDNA Local Interest Local Fircs

10.00

20 00

!.SSql

5.00

15.00

Yanes

\,anes

YAltes

/dl@rsr

{rrry I.Ser

$30/dar,/iuror

Cotrri ADooir)ted AttonleY Fees Nlilccllancous - lgqal Cq{ LC\Yl) Electronic Suunrons Crirninal or Trafllc Case

Yanes

List ofHeirs or Alfidavit

25.00

Local Health Cars Fund Tranfcr/cntry fee-Real Estate - Decds ofPartilior Document ReDroduction Cosls

25.00

35.00 5.00

1.75

0.50

I/2 ofchild support guidelincs arnount

t/2 ofchild support guidclines anrornl

100.00

25.00

SER\/ICES UNIT

coltribution toryard cost oflocal grcup houl6 placcilrcnt FIFTH JUDICIAL DISTRICT COI\INIUNITl/ CORRECTIONS ?ROGRA]\,I Offerders refcred frorD B cout in Oe Fiflh District (Suffolk, Franklirr, Islc

q!lY!g!l, ad Sotrlllmpton) Offcrdes refcred l'rom a court rlithin

[he

Fiflh District and cau provide

docunrcntaiion shorting SSI disability or rvelfare bcnefits Olrenders trarsfened out to a CCP iI mother iurisdiction Offenders trarsfened into tltc Fifth District fmrn a CCP in lnothcr

irrisdictior

25.00

100.00

FINANCB

lhild Suppon llrocessirrg

Fces

I Supnort Order Fees f amishrneot Processina Fees Pavroll Pavcard Reolacrnent Fee Payroll History Rgport/Check Reprint Processjllg Fees \\L2 Re-issuance Prccessinr Fees lvliscellarcous Bills

qgtpqlqddpgrprr_

5.00/per Child 55.00/per Suorort Order (per pay) S10.00 onc tiuc fee $3.50 per card for rcplacemcrt S5.00 pcr request $5.00 per requesl

_o-ry-tm.c_psu!9_e!!i4r_plol!.0! Annual inlercst of l0%

$5.00/pcr Child Support Order (per rrsl,) $5.00/per Support Order (Der pay) $10.00 one tiruc fes per sunrnlons 53.50 pcr card for reola

N/A

N'\ Onc tirnc oenaltvof l0% uo to 10.00 Annual ilterest of l0%

(

l'l'l Of Sl,l'lrOl,li

niti s('tItil)ttl,ti trts(:.\r, \' li,\

R 2020-2r,2

Fccs

FIITE

Fiscal Ycar 2019-2020

Fiscrl Ycir 2020-2021

50.00

N/A

50.00

N/A

:9,00

NIA N/A

ITESCUE

Firc Prcvcntion Burcrn Plan Revierv

Fire sprinklcr s),stern lerv < I 0 ry'calcs, or alteiatiors < l0 sprinkler heads Dot locatcd in thc most rsnote am ir[,olving hydmulic calculatiors 5 foot shlb-out for fire protcctior systenrs subnlitted separalely lrcnr complete fire sprilklcr or firc rmirr Fire ala[n system altemlions \yhere lhE subnrittal does nol require batlery calculaliors, or the renroval of any orall coDpoDents of non-required syslcnr

existing

res,

Kitcben hood firc suppresiou systeurs installation / nlteratior Fire sprinkler $,steD new installation I l-20 \,/calcs, alleratiols of I I -20 cxisting sprirklcr hcads not locatcd in thc Drost rcmole area invol,ing nerv hydmulic calculntious or relnoyal ofany 200 clear agent syster installatiou or alcrtation Fire alm new inslallations or slteratioDs lhat invoh,c S deviccs, that require baitery calculations Spray paiut booth ilstallatior/ alleration

50.00

100.00

FN,t

almr

s)slcnls neN installations or altcratioDs

N/A

!0"0:90

M-

200.00

N/A

deviccs,

200.00

N/A

Resporsible Pafly Billed 50.00 50.00

p"."^i,"itii" i,",iii irh"a

50.00

nesoomibic Partv Billed 50.00 50 00

Resoonsible Pany Billcd 50.00

50.00

thatreorirebatlen,calculf,tiotrs

On-Si(c Insucction Ilazardous lvla(erials Resonse Relocation ofup to 20 sprinkler heads

Hood/Extinglishing_!ystffi Re-lnspection Fee - All systenls failing initial testing slall chuged

100:00

lsprinkler heads

Fire

N/A N/A

Fire sprinkler systeurs irstallalion or altreratiou lhat irlrolye 2

00.00

50.00 50.00

re-testing fee. Tlris fee shall includc all "no-shows'' or cancellations \ritlloul a 24 hour nolice a

)u-Sitc Insucction. Hazardous I,laterials Rcsonse Relocation ofup lo 20 spripklerheads_ Hood/Extinquishinc Svsterns Re-lnspection Fce - All systetrrs failing ilitial tcsting shall be charged a re-testing fee. This fee shall irclude all 'no'shoss'or caucellations rvithout a 24 hou. Dotice

50.00

Pcrmils

Firenorks Pennit

s0.00

150:0p

Tent Pentrit

50.00

.50.00

50.00 (mch additioral tfl)k 25.00)

50.00 (each additionai lmk 25.00)

75.00.

?5,00

00.00

I00.00

200.00

No Cltargc 6.00

No Chage

Above/belorv grourd huuat storoge lsnks itrstallation S 4q9 gallons capacity Privatc h)drantAvnter line

Above/telorv grourd

hurat

storagc rmlis instatlation 500-2000

gallons capacit),, renroval oftarks or fill in place any capaciq,or storatse/dispensilg systenl Above,/belorv grcund haznal storago lnnk iDstallation gallons mpacity or Lemat stoEge/dispensiDg syslems Rel)orts lncident or Cornputer Geucraled Reports-Rcsidents

2,00

lncident or Cornputer CcDerated Reports-CoDurercial

6.00

crnl Specinl hrsoection fee. aftcr hours- rveekends. h Special event stand-by 3uu Penlit (Rcouirernents tnust be rnctl

40.00 per hour/per pcrson 25.00 per honr/per peroon

Cha+e

Resideltial CoDnercial

No 75.00

{lun Rc8Ellqttgll___

mal1g!99!_lg!_

First False Alann

No Charge urless 50.00

Scond False AIann Third False Alann Additional False Alanrs

(BLS)

No Chargc 75.00 25.00 pcr

25.00 puyear

-d!e 4llllnNr!t!_Eq_dg)'s)

gori" Lil" suprrort

40.00 per hour/per 25.00 per hour/per

y-qg_

No Charge ullcss rtralicious 50 00

100.00

200.00

?00 00

,100 00

4!yus.a l-!_1._$pp9!_L9yel-1(4!x_l Adj!!99q!i&g'Ipsn lgrcl !.!"](4!r !r----

650.00 800 00 I

---

0.00 ocr rnils

650.00 800.00 I 0 00 ner rnile

acl _

( ll\'otr stltitrot,l( F0t|,i( tilI)Ut,t.: l:lS( ,\ l.

\'li,lll

lll2(l-21'2

riscrI Ycar 2020-2021

Fiscal Year 2019-2020

Fccs

fpp,qrqtu!:-s&"

30.00 Pcr hour 30.00 pcr hour 30.00 per hou.

lq.qo

71.00-p9r_!p,r1r 75.00 per hour

75.00.p-cr 75.00 per lrour

Lndder

125.00 per hour

Rescue

Es-9q

Couunand

'farker

pq!

l,gyt-,

30.00 Der hour

hou __

prr!o,!L

25.00 Der hour

2!.90

75.00 per hour

pq!ql--

75.00 Dcr hour

Firefiulrter

25.00 per hour/per

Fircfighrer/Nledic Oflicers (Captains ruld Lieutenants) Comntand Chiefs

30.00 pg!91lpgj!I19!' 35.00 per hour/per person 45.00 per hour/per perrcr

25.00 pcr houdper 30.00 per hour/per 35.00 per hour/per 45.00 Der hour/Der

person person

peEon DeEon

CIINERAL Annual Operatitrg Budgct

Cosl for reproducinB

CoDies (Dhoto) (black aud Nhite) (each) Copies (photo) (color) (each)

Cost for reDroducins 0.25 0.45

Cost for rcproducirg Cost for reproducirrg Cost lor rcorodncilq 0.25 0.45 Cost 26.00

Cost 26.40 30.00 35.00 60.00 80.00 I 25.00

Prirted lvlaterials \relricle License Fces-Vchiclcs under 4,000 oounds Vehicle License Fces-Vchicles 4001-10,000 pourds Vehicle License Fees-Vehicles I 0,00 I -25,.00Q po111!s Vehicle License Fees-\/e[icles 25,00 l-40,000 pounds Vehiclc Liceuse Fecs-\rehicles 40,00 l -55,000 pounds Velricle License Fees-Vehicles 55,00 l-70,000 pourds Vclricle License Fecs-Vehicles 70,00 I -99,999 pounds ir,totorcyclc License Fecs-lvlotorcyclcs 0-99,999 pourds

30.00 35.00 60.00 s0 00 50.00 24.00 6.00

\/ancs

l/anes

1!qEl_!:Lcglse I-e_o_sjlrlll-els q: Trailcr License Fees-Trailers 10,00 l-99,999 pouuds GENERAL DISTRICT COURT Fiues

& Forfeitures

eq,4 4P]:pt!!e4 A!!Sq!ys

25.00

150.00 24.00

20.00

5.00

20.00

lourt House Nlairtenancc Fees

10.00

lail Adurission Fee

25.00

5.00 I0.00 25.00

ToDoPraDhic Data (File Set)

5500.00/set or $ 100/oer laver $500-00/set or S 100/per laycr

$500.00/set or 5 100/per layer S500.00/sct or $ 100/pcr Iayer

Planirnetrics (File Sct)

8500.00/sct or Sl00/pg 5500.00/sel or Sl0o/per la)cr $3.00

3EOGRAPHIC INFOIIillAl'ION SYSTBi\'I Di,:ilal N,lap Data

Zgtr'ls ([Lle

lala

S9t)

8.s"xIl"(ANSIA)

17" (ANSI B)

-l'!.0s s10.00

s 10.00

___-

sl 5.00

_--_

__*- spCglal_!bp&9drt!!tq$e!4_c$, lndividual Orthophotography Tiles I-5 tiles

- l0

s3.00

qlo.0q

.24\-{!_s-?t-x 60" 34" x 44" (ANSI E) 36" x 60" or 36" \ 72"

S500.00/set or Sl0O/pg$yu 5500.00,/set or $100/per Iayer

s5.00

*r-1\2_21_(AlL-sLc)_ 22" s 34" (ANSI D)

Enijre Cib, Boscnrap_ Entire Citv Aerial luace Specialized Nlap Sewices

s25.00 s50.00

$?s,9.q

65.00 65.00

6s.00 65.00

ss0.00

l00.00itile

00.00/tile 50.00/tile

50.00/tile

liles

{!l!4!_BE!o-q89E COBRA adnrirristration IUVENILE AND DOI\IESTIC REL,\TIONS COT]RT :ircs aud Forfeiturcs reriffs Fees

s!'t 4p!9]tld_4!9!91 Local Lrterest

Fee

Jail Admission _ Courthouse Sccurity Fec

27o

of rrronlltly pretttiult

Vaies

29lo

of rnonthly prenriuul

12.00

Varies I 2.00

.20.00 _

120.00

5.00 Varies

Varies

_25.00

?t 99

I0.00

s.00

10.00

(

\' otr sllrr()l,t(

Iitit.l s('l I Et)l ll,tl tils(:.\ l. \'1i..\R 202.0-202

Fccs

Fiscnl Ycnr 2019-2020

Fiscnl Ycar 2020-2021

0.20 0,40

0.20 0.40 0.20

LIBRARY inter snd PhotocoDier-Blaok ald \\/hilc (per sheet) Pritrter atrd PhotocoDier-Color (Der sheet

NiA

Prirter

(3 D)-(per-sheet) Booli/il.Ia(erials LosrDanraged Barcodc, RFID Tag, Case, CoYer, AftNork or Spine Label -ost Tape or CD

Cost

of BoolJlvlaterial

5.00 Cost ofReDlacenreut Tare or CD

Cost of Book/l\,hledal 5.00 Cost ofRcDlacerrcnt Tapc or CD

PARI(S AND RECRE}T'I]ON A

tlUgli!_R_gEt{!illi9I.'- {qcn Adult Flag Football - Spring & Fall Lcagut 220.00 200.00

Adult Kickball

__4!Ul_ysllgylIail

r\dtrl!!o4!al! iVlcn's

Lcis!rg_

350.00

Division

Wonren's DiIisiotr

__44!!_&$!Aiu!ntsfq(per rcaor) Late Fee

300.00 320.00

-.-------

Youth Basketball (r, Fni.itsn0 Novice-Julior Lil' Dribblers Youth Clreerleading Youth Soccer (per participant) Novice-Junior

Tily Kick Ball Fieftls (Tournanrents) ofBall fields with Liglrls (halfday) Rental ofBall fields with Lichts (tull day) af Rnll fialdc rvitharrtl iohr<Ihalf r{zr,\ Rental

rnlal

of Ball fields without

200.00 350.00 300.00 '120 00

15.00

60.00 40.00 60.00 60.00 40.00

60.00

60.00 5.00 40.00 65.00

60.00

1 I

rrlt alyl

320.00 2?0 00

40.00 60.00 60.00 40.00

I5.00 40.00

rcilities anrl Parls ntell's Cteeh Ptrk

-,li9ru9g'g!9r

---

Full Day Wcddirre (up to 4 hours) Slfl[e

75.00 20.00 oer ltour 100.00 per day

20.00 per hour 300.00 per day

150.00

i50.00

1s0.00

150.00

25.00

5.00

35.00 45.00 55.00

llltnrf Poil Mtl llnriilu

Constnill's

sRo

Conrr

Dcoosit

Conrpass Rose/Boardwalk {w.{JinE, ontr) Per Hour h4arina Slips

Daily Rate rYith Elcctrici8 0-24 Feet 25-34 Feet

35-44 Feet

.15.00

.15-54 Feet

55.00

lYlonthlv Rate n,ith Electricity 0-24 Fcct

120.00

25-34 Feet

I40.00

3544

160.00

Feet

45-54 Feer Daily Ralc rvitlrout Electricity 0-24 Feei 25-34 Fecl

3544

r80.00

120.00 40.00 60.00 I 30.00

20.00

:10 00

30.00

40.00 50.00

,10.00

Feer

100.00

Fect

20.00

t00.00 I20.00

Feel

ldo otl

t40.00

Feci

160.00

a!.y.P r t_yt1!l!g I 191

75.00 75.00

75.00

is0.00 35.00 per hour 35.00 per hoilr

I 50.00 35.00 per ho_!l 35.00 per hour

35.00 per hour/ 2 hour nrar ggt_11tt 100.00 per hour/ 2 hour uax

35.00 pcrhour/2 50.00 ncr hour/ 2 hour nrar 100.00 per hour/ 2 holr trlflx

Fcet

45-54 Feel

50.00

N,lonthly Rate \\,ithort Electricitl, 0-24 25-34 35-14 45-54 r-glt 9.K ry1

l\rk

Sheller C.vprew Puk Pool (Rcutal) Cyprest

Dcposit renlal

2iour

'!c"rSttqt9Slltl __ 3irthday Parlies I to 25 Palrcns

?q!e.s!,!qrqE5l

to-10_0

Pnl0E__-

_-__

lgt0_per]19!r4_!f

75.00

hournrar

]

('t1'\' olr st rFFol,li

s( lt l'll)trl,l.: lrts(',\ r, \'li,\ la 2{l2ll-202 t;lit.:

Iiscrl Ycrr

20tr-201.0

trces

2020-202 I

ecrculi.ilt Cetter I I eu bersh iD tr,lembershiu Fccs Per

Adults (18 ond older) - PEr Y Scriors (55 ard oldcr) - Per Year Visilor Pass-Yonlh & Teen Visitor Pass-Adult

t0.00 20.00 5.00 2.00

20.00 5.00

5.00

Replaceurent Card

titrress Roonr (Seniors) - Pcr N'lorth Fitress Roorn (Adutts -l 8 & up) - Per Nlotrtlr Filrress Roorr (Teens-l 6 & I 7 Yrs OId) - Per \'lonth jnlcss OthenYisc Note(I, Non Ilcsi(lcnt Fccs

10.00

I.00

L00

3.00

s.00

s.00 r0.00 7.00 2570 aboYe residcnl fees

10.00 7,00

resident fees

25olo above

\ecreillioil Ccnlcr Rcilttls lental hours as follorvs: \ll a.rt.r.

- [I^hi'r,

- Frii,w.

6^N

t^ 96!r

raq!_q!!ffoll-4 1ry!!11-9)ry1!!9isltud-ays- IPI to 9pnr \pplication Processiug Fec: East Srffolk & Vhaleyville - Non (e1!q{4!!1

25 00

25.00

Guunasiurn: Nlust be out by 8p (rttittirturn 4 hour renlal) Non-corrrnrcrcial Evcnts 65-00/hr

65.00rrr

Rate

Non resident rate

1.25llrr

1.25lhr

Comurercial Events (rVfee or admission) y Rate

75.00/hr

75.004rr

Non residelt ralc

93.754v

93.151fu I 50.00

DcDosit on All Renlal Late Fee (F. I 5 ninur.n fo, mt lacitrnarnt.l d [m! ivlultipurpose Rootu Rcsidctrt hoilrh'rcnlal ntc (mininurnr 2 hour rcntal) Non-rsidcnr horrl! rctrtal mlc (mii 2 hour rcnhl)

1s0.00

25.00 per l5 rniuuto 25.00 per lrour 35.00 Der hour

5.00 Der llour 35.00 per hour

lotrr rcnlal)

25.00 pcr hour

\o!-l.idS!!!S'r]!rf!4!le!! 1.!! llgg ^IlSlI

35.00 per hour

25.00 per hour 35.00 per hour

Conferencc Roonr Rcsidcnt hotrrlJ'rcntrl mtc (lilininium 2

I-ohe Aletle Park Picnic Shelter Full day

trl

Tentris Cortplct

Tcnnis.Ball [.lachine Dog Park lr,lenrbershil

leuru"l

Itlenrberelrip)

l,oile Skt l-ilk6 P{* \\,eddiru (uo to 4 houmI Cmoe Rentals 0na\irnunr of6 canoes available) l\ecial Drcnl AD\licalioil Fcc Nou-ProlitTor-Profit oldillcts Clilb

l'triul:

ointv rcntaL

*r. (nrininuru,t-t,Ju-illut[t*

ilil

Non'resident hourly rerlal rate (nininnnD 4-hour renral) [,[on - Thurs Ilesident hourly rental rate (uininrunr 4-hour tenlal) Irri - Sun Non-rcridcnt hourly rertal ratc (mininum 4 hour rcntal) Fri - Sun Latc Fec

lhqr

10.00

20.00 per hour 25 00 Der cailoe

20.00jer hour 25.00 per qnoe

50.00

150.00

Setup Fees t

75.00 10.00 Der hour

8:00.r.Dt. ro Alithtight

Deposit Aprrlication ProcessilA Fee

n"ria*t

75.00 0 00 oer hosr

5 minutg!)

for not vacating rentai on time

25.00 50.00 pcr hour (2 horr nrin/4 hour urar) 125.00 per hour/ Res.

s0.00

25.00

@ 125.00 oer hour/ Res.

200.q0 pEr ltgtrr/ I'l9lt n9!. 225.00 per hour/ Res. 300.00 per hour/ Non Res. 25.00per l5 Ininutes

200.00 per hour/ Non Res. 225.00 uer hour/ Res.

150.00

r 50.00 25.00 Der l5 )ninutes

300.00 Der hour/ Non Res. 5.00 oer I

Stffttlh Arl Gtlluv Deoosit

25.00 Der l5 rninutes

Lale lee per l5 tr)itrs. for not vacating on lilne Nou-Conrmercial events

Hourly Ralc Conrurcrcial events

00,4rr

25.00Irr

35.00/ltr

35.00flrr

2 5

Hourly Rate

Slacn Hole Purk Picoic Shelter #l-8 & l0-!2 Frrll Day

75.00

Picnic Sheller il9 Full Day \\'edding (up_to 4 l:

I25.00 qP"-r hour

125.00

Picnic Pack

25.00

N/A

100.00

Canoe/Kayack Anrual Storaae Fcc

l'hnlel,illc

20.00 pcr hour

lunct

\pplication ProcessirrA Fee: East Suffolk & Whalcyvillo - Nor Refindable qcpr!!_l

25.00

25 00

t50.00

r50.00

50.00 ner hour/Rcs 62.50,4rourNon Rcs

50.00 pcr hour/Rcs lnrc_url\o_,f BSp_ 25.00 per l5 prirtr(es

Resident hourly reD!ol rate (miniuum,lJrour renlal) lncludcs Kitchen and usc

rflce \,lachine

-,_Nq1:'!!!d!]]!l'9q'lyjgi,!4lq'-C.(-'lti4q-'tq-4:ltg!r_rrn!!l) Late Fec(ps l5 nrinutcs) foffi \Bcaling rental qn lime

,__..__..-.

42,S

('l'l'\' Oli i-tllrFO l,li tf titi s( ilEl)ul,ti Its( .\ l. \'li,\ tr !(,2fl -202

Fccs

CoslodiBl Fce!(nll rc$trfl !414!l!!) SccuriS Scrviccs (Suffolk Police Officcrs) Fcq

_ _.

_Bryglrlqti\:i liqs

I'lrintcrrncc

Eq!rp:ns!.u-

Fiscal Ycrr 2019-2020

Fiscal Ycar 2020-2021

10.50 to 16.00 per horr 30.00 per hour per oflicer As notcd in Leimrc Gridc

I 0.50 to I 6.00 per hour 30,00 per lrour per ollicer As iloled in Leisure Cuide

200.00

200.00 300.00/day

------

!!9.bj]9B!.a9!r9'_!:&r_PS, Srsie - Poflable Tctrts - Per Dav

500-00/Der day

l0xl0

125.00

20x20

200.00

200.00 6.00

6.00

---Ie!lss Utrlcss Othenvisc Notcd, Non Rcsidcnt Fecs

t00

1.00

2J7o aboYe resident fees

257o above resident fecs

800.00

850.00 r 050 00

850.00

Ground i\lnintcnnnce Lot

Grave

oyer l0 I'ean

of ,rc.

Saturdav

oyer l0 years ofagc - Sunda)y'Holida), age l-10 - rveekdays t-10

reg,l Lq

260

260.00 680 00

680.00 860.00 r40 00

l!!d!)l!9lr!!L

ir:fant under I - rveekdavs irfanl undcr I - Saturday ilfant urder I - Sundary'Holidav-

860.00 140.00

560.00 800.00

560.00

800 00

400.00

Creuration 0rnr burial) sqlter Gardil - scatr"ring of Scatlor Garden - [,lemorial /Plarlue Elgmving Funeral afler 4:00 prrr iu addition to above cost

Arl*-

r00.00 225,00 r00.00

Pletse see Suffolk Puhs & Rccredion Cotlcctittt brochttc oil thc Cit tr tvhsilc for olhct ct'eilts PLANNING AND COI\,II\,IUNITY DEVELOPI\{ ENT

till

rutcs

400.00 100.00

225

lhc follo$itrp littk: ll n://t'n,v,. st ffo r

yo.

s/n a

00.00

rk sl

PI,ANNING Rezorliug Requests Stnndard/Convcntional Rezoling Rerltest Condi(ional Rezoning Requests _Amondrent to Previously Appq"d q9!!Cf!&!41Bqzoltr g Conditional Use Pennits Coilditional Use Pennits Request ACtrlc11d{!qtt1o llSyfolCly Apprcr,ed Conditioral Use Pennit

Amerd:rent

Cornpreltosiye Plan

Conrprehensive Plau Consistcncy Reviel, .E19.!

llrqn

840.00 phrs 42-00 acrc 1.050 plus 42-00 acrc

N/A 840.00 plus 2 1.00 acrc N/4. r.050.00 262.s0 s25.00

!_qqrLqsls_

ds Board

lcsourcc Prolection Arcft/Buffer Arca Encrcachlustt ReYie\y Adnriri stratir.e Revierv) lesourcc Pmlection Area/Buffer Arca Elcmchnrcnt Ret,ietv (Plannirrg louunission Revicrv)

listoric and Cultuml Revie$'- Additions iistoric atrd Cultuml Rcviei\'- Nery Construction Ccrlificale of AptlgpE!tf9E&${&tff4t!E!!I939Itery) qqtj-lj_c_{e_gl4pp.lopl.tllle--sj

nl|grglllu

1,050 plus 45.00

840.00 plus 21.00 acre 840.00 plus 21.00 acre 1,050.00

262.s0

262.50 52s.00 262.50

315.00

3 15.00

52.50

262.50

157.50

N/A

157.50

36.75

Bâ&#x201A;¬rtgw)_

LC Afler tho Fact Cenificate ofAppropriatness Requcst (Adnrinistmti\,c

Atqllltg-&g!

840,00 plus 42.00 1,050 plus 42.00 acrc

36.15 262.50

262.50

Revierv)__ Relies,) BoEow Pit Fees

73.50

'13.50

r5750

157 50

05.00

105.00

Per cubic vard reuroved senri-annualh,

0.24

;ttcet NaDle ChaD[o Reouest

0.24

341.25

3,1 r

05.00 r05 00

105.00

Encroaclnilent Penrits

Miu Subdivisiorl_

?,!.0q

ll_s-!q

Street

Farnily Tmnsfer Subdivisign Plat Revie\l, Prcliurirrarv Plat Fec (pcr lot) Aplepduleut to Previously ApDrcved Prelimilary SulrdiYisiotr Plat

I5.00

,25

05.00 I

5.00

___

-Ilr!rl41!_!e-e_Oirlol)

52.50 wilh 315

N/A 3 1.50

rvitlr 2 t0I

il!tr] 3 1.50

wilh 210.00

(

ff\' oli i"trliF()t_lt

s( I I I.tt)Ul,li lrts( .\ t, \'t.t,t R 7nilt-lrzt I,'lit,: Fecs

Subdivision Ersincerilc Plan Rcvierv Engileering Plan Rcvicw Revisiors

Fiscal Ycar 2019-2020

Fiscsl Ycar 2020-2021

42.00 per lot rvith 2 I0.00 nrhtirnunr I 57.50

N/A

42.00 pcr lot with 210.00 nririuuur I 57.50 I 57.50

94.50 630.00 63.00

630.00 63.00

lubdivisioD Dclennination++ )ilc Plan Rcrierv (cxcludcs I & 2 fauily dwellirg) Dlus Plan Revierv - additional revisions (rrer submiltsl)

iite iita Dlar Uaivar Pa \!!ps (q!ch) llrinted lvlCp ltqdlcln

157.50

52.

Nlaps-Sprcialized lr4ap Prcduction Sen,ices

52.50

5.25

52.50 Hour

0.26 52.50 Cost 63.00 26.25

N/A N/A N/A N/A N/A N/A

4e.ilLP!1glqgr4pl,s 1000'

= lqoql'B$e !r!p

Unilied Devclopnrcnt Ordinancc Qqqplql4ryive l!41

Q-gS-{ed"!q!q9-!-l!"1*9-I!lSol:-qlll|plement Prinliug Sen'iccs

-_-

(l l-inch x ( I l -inch x

l7-irrsh or srnaller) Black & \Mritc I 7-iuch or snaller) Color Sheel Sizc (Lar,rer tl:an I l-inch x l7-inch)

Sheet Size

N/A N/A N/A 0/o

Wetlurd N,litigalion Fce It-Lieut+* CO]I.I

IIIUNITY

ov*

nrarkct rate

0.25 pcr shcet 0.50 per shcct 10.00 per sheel

lo purchase credils in ar apprcved lidal l0Z oler lnnrkcl rale lo purclrase credits irr au approvcd tidal wetlands bark setlards bauk

EVE LOPI\I BN T

rlininrtr

56_00

s6.00

itate Le\ry

2.00yo 56.00 53.00 83.00

2.00%

2'16.00

276.00

iol/Amending Penrit Fee )enalty for Workins \\/ithout Pennits lonslmction Cosl sl - 50,000 50.001 - t00.000

56.00 53.00 83.00

s5 1.00

1.00

2,205.00

r.103.00 2,205.00

4,4 I 0.00

4,4 t0.00

5,5 I 3.00

5,513.00

;tate Le\y

56.00 2.00yo

2.04o/o

lonectiorr-/Anreldino Pennit Fee ofP

53.00 83.00

100,001

1,103.00

150,000

t50-001 - 250.000 750 001 - 7s0 000 over 750,000 aleclrical Pennits (nerv sen,ice, teurporary sen'ice & sen,ice changes) \,lirinnrDr

fipl

(c!'q1t) E,rqs llllprgliolt Cornrnercial Power Relese Inspcction

56.00

53.00 83.00

56.00 66.00

56.00

66.00

99 4rnp1 Siugle Phase Fee (rerv) Single Phase Fee (change)

56,00 56.00

llrrqgf!4sji99l!9!)

56.00 56.00

Tlrrec Phasc Fcc (change)

56.00 56.00 56.00 56.00

100-t49

Sirrgle Phasc Fee (nerv)

56.00

Sinsle Phase Fee Ichanue) Three Phase Fce (uerv)

56.00 73.00

gg)-

56.00

56.00 56.00 78.00 56.00

Single Phoe Fec (ncrv) Sirrgle Phase Fee (chauge) Tlrre Phase Fee (nerv)

93.00

83.00

I 16.00

Tlrree Phase Fee (change)

66.00

I t6.00 66.00

l r0.00 66.00

t10.00 66.00

154.00

88.00

166.00

r00.00

100.00

-!lL"g-Plqlc-lcrGhsl 199 arnps

56,00

200 - ?2e s!!p:

Sirrel-9_l]U!9&e ldEttsq) Tltree Phase Fee (rerv) Three PIrase Fedclmge) 300 - 399 uu Single PlLa_ls FeJ.(noU _ Sirtgle Phase Fee (charge) Tlree-.llr3sg Fce (nerv) Threc Phase Fee (change) ,100 - 499 arnps Sirrgle Phasc Fce (nes,) Sirrgle Phnse Fce

(chalgg)

Three Phose Fee (new) Tlrree Phase Fee (charrsc)

__ 232.00 r32.00

___

54.00

66.00

232.00 132.00

221.00

t32.00 309.00

309.00

t76.00

132.00

('t'f\' oF strr.'l()t,ri Frili s( il[,t)t ]l,ti lrts(:.\ t, \' ta,\ R 2fl 20-2r)21 fiscal Ycar 2020.2021

icnl

Fccs

500 - 599 Phase E-c-]F!aI g9) Tlrree Phase Fee (rrerv) Three Phasc Fe

-_!|!_rslc

{lfgfgel_

9!o --!20 mrls

Sinsle Phasc Fcc (uerY) Siugle Phase l9e (9!4pg9) Three Phase Fec (ro1\l Three Phasc Fee (change) 700 - 799

166.00

386.00 221.00

396 00 221.00

33 1.00

331.00

198.00

463.00

_le8.qq 463.00

265.00

386.00 232.00

arnps __

Sinple Phree Fe (rew)

Sitrflle Phase Fee (chanao) 'flrrce Phasc Fee (rerv)

Tlrce Phase Fec (chan,te) 800

- 899

t.00

386.00 232.00 541.00

3 I

0.00

3 10.00

441.00 265.00

6 I 7.00

arnDs

qr!e!qBl!a'! lce 0rea) Single Phase Fee (chatrge) Three Phase Fee herv)

'Ilrrec Phase Fee (clrange)

r 7.00 353.00

113.0q

)00 - 999 arnDs

Sircle Phase !-ee (nes,)

497.00 298,00 695.00 397.00

Sinule Phase Fee (chrurpe) Tlrree Phase Fee (lel) Three Phase Fee (chartse) ,000 - 1,099 anrps Sirt*le Phasc Fce (nerv) Sirtgle Phase Fee (change) Three Plrase Fee (rew) Three Phase Fcc (chansc)

497.00 298.00 695.00 397.00

;t00

s5 1.00

33 1.00 '7'72.00

33 t.00 '172.00

441.00

Siugle Phase Fee (nerv) Sirsle Phasc Fee (chanre) Tl:ree Phase Fee (nel)

607.00 364.00

8t6.00

Tluce Phasc Fce (chmxe)

.163.00

463.00

l,o-Q,-

l,192glp,'

1200 arnps Sirrule Pltaso Fee (rterv) Sirrgle Phase Fee (chauge)

)vcr

662.00 397.00 860.00

'fhree Phase Fee Ole\\,) Three Phase Fee (change) I,200 aurps

397.00 860.00 435.00

485.00 662.00 plus 26 per 50 anros afler 397.00 phrs 16 per 50 mrps afler 860.00 plus 2 I per 50 anrps afler

Sirrcle Phase Fee 0rervl Sin[le Phase Fee (chaute)

Tlree Phue Fcc (nerv) Three Phase Fee (chule) 3lectrical Pennits (additiors and repairs) 0 - 20 amos (ocr circuit)

662.00 397.00 860.00 485.00

s00

24 -40

olus 26 oer 50 arnos after

ulus l6 per 50 anos afier

2l pcr 50 arnps after Dlus I I per 50 anos after plus

5.00 6.00

6.00

4l -60

8.00

6t- 150

17.00

rygr1lq rylPl

22.00

22.00 61.00

)ool Groundirrs lcpair Wiring. Apparatus. Firlures

6t.00

7.00

PreveDtion Pennil

Minirmun

N/A N/A N/A N/A

Slate Ls\ry

Conectiorr.iAmending Pennit Fee Extensior of Pemrits ENtra hmections TriDs (each)

State

20/o

56.00 88.00 59.00 59.00 phrs .005 ofvalue

N'\

Fire Prevention Penuit $u1tt!,ing Mininru:rr

59.00

l""lt!s

Lcn,

ro[99!9r/Arl91ll]g Pery!ryg lxleusior of Pemrits 1.!rr I_,EpSc-1!g rdps

(stg!I___

56.09_

oii*p

r.iii*e

56.00 2.000/o

53.00 80.00

r.rooi o*iu, Each SeNer (sanitary md stonn)

Ei"rr

56.00

2 009

8.00 .00

---Et!-C"js&Pl"rri-g&pi!E{-. Each \4anhole

53.00 80.00 56.00 8.00

),00

8.00 39.00

____

.00

800

Ench Area Draitr

_8.0q 8.00

8.00 8.00

Each \Valer Hcaler

s.00

xnn

e*f, rvar* I-iu;iN., R.d",,rirl)

8.00

39.00

l 10.00

39'99 ! !0.00

I 10.00

Each

Roof Drail

Each Water Lirre

(Existirg Rcsidential)

Eaclr \\hter Line (Corrrnercial)_ Each Ses,cr Lino (Corunercial)

('l'l\'oF s-lInrol,li tr[]I.]

s('liliDUt.li

lrls(:.\ l. \'ti,\ tt

102fl-21t2

Fecs

3ackflorv Prcvcrter \4echarical and Gas Pennils Itatc Le\ry :-9.!qll9r{&r_}9!dinc_!,1_q1r!_E99 Extasion of Pennits rn

Trios

(cach)

Fiscal Ycar20l9-2020

Fiscxl Ycnr 2020-202 I

8.00

56.00

s(r 00

2_000/0

2.00%

53.00 83,00

53.00 33.00 56.00

56 00

\,leqlBlic_a!.P-eE!!.!*s _ 3hiller, Coolin,r Torver. Tank

$36.00 each

S36.00 cach

AC Equipnrcnt, Boiler, Fumacc Gas Pnck, Forccd Air. lvlisc. Huts, Gas

$19.00 each

S19.00 each

59.00 each 17 00 each

$9.00 each 57 00 eaclr

Brue-------Air Handlcr

EleYalor lnstallalion s0.s,000 5,00 t-6,000 Above 6,000

ln-snon 5.00

I - 6.000

Abovs 6,000 LPG Tatks and Associated Piping

56.00

t.00

6 1.00

56.00 5q 00

56.00 59 00

56_00

$56 olus 59.00 oer S1.000

0-2,000gallons

556 p)us S9.00 per

56.00

over 2 000

1,000

56 00

56.00 ohs !i,1.00/10-000 tallons

qq!ry-ollC I.!qUa Ta!!s ard Associated Pipirg .0 -1!0.QQO

ga)lons

56.00 56.00 oh:s 54.00/10.000 q 56.00

over 50.000

i!4fuqs

or!!tel,Piqll

56.00

56.00 plus 34.00/10.000 sallons 56.00

Plm Revierv

---9-2,12-s,qryr&s! 2,500 - 5.000 5.000

!0,000

10,001 30.00

30,000

I - 50,000

50.001

100.000

All Stmchres - Cotrrnrcrcial 2-499 souare leet

s,000

Abore I 00,000 :irc Plan Reviery Fire sprilkler system neu < l0 w/cnlcs, or alterations < l0 existilg sprinkler lreads trot locnted iil the [tosl reruole arca involvin,r nerv hvdraulic cnlculations 5 foot stub-out for fire protetion systems subtrlitted sepaElely from cornplele fire sprir*ler or fircrnaiu Fire alanrr q,stcm alterations nhcre the srbmiflal docs not rcquire

batlery cf,lculations, or lhe rerrroval ofaly or all conrponents

1t000

138.00

83.00

193.00

t93.00

2'16.00

33 t.00

331.00 386.00

2'.16

Above I 00,000

2,500 5,000 - t0,000 10,001 - 30.000 _-_30,0-q-! - 50p-0_q* 50,001 - 100,000

83.00 I t0 00

386.00 87.00 I 16.00 r45 00

I t6.00

203.00 290.00 348.00 40J.00

203.00 290.00 348.00 405.00

N/A

50.00

N/A

io.oo

N/A

50.00

87.00

I45 00

noD-rcquircd systenl Kitchen hood firc suppresion systenrs inslallation / altcration Fire sprinkler systern ne\v inslallation I l-20 rv/calcs, altcratioDs of I I -20 existing sprirrkler hcads noi located in lhe most Ernole ilvglrlinS nery hydrauliccalculations or reruoval ofmy

N/A N/A

..ar9a

Fh,l 200 clerur ageni sysiirn irrirallariorr or alertation Fire alanu rerv installations or allerations that inyoh,e S 5 dcvices, lhat requirc battery calculalions Spmy pajnt boolh installarior / altcration Fire sprirrkler systcnrs iilstollo(ion or aitreraiion tlat irrvolve

2lsprinkler hecds Firc alanu systetns

nel

irrstalla(ions or allerations

N/A N/A

Nle

! I

00.00 00.00

roboo

N/A

200.00

2 6 deviccs.

Nle

200.00

579.00 303.00 303.00 I 10.0c

s79.00 303.00 303.00 I IU.OU

56.00

56.00 71.00

56.00

0rat reeuire baltery calculations

\,loyirrg

City;gg!gQr!y_____. Ci-l)l----__

Out o f ln City to Out of

Witlrir Cily

"TlIrlElfqity__

fccEqry-8llqlrry.

.--o-:_!-99-:-quc9&9!

I0t -300

301 - 600

71.00

. -

t l\' oF )^tlI.'trol,li titi s('l I t;t)t r l,ll tits('.\ t. \' ta,\tr 102il-202

(

Fccs

Fiscnl Yenr 2019-2020

Fiscrl Ycar 2020-202 I

6t.00

61.00 56.00

)errrolition

__Qltg to r\!o lqrrllv Rqtdq-qrq {y Resi{ertilrl Accgss!ry !!f!gx!r9

56.00

All Olher Buildings 0 - 60,000 square feet over 60 000

I 10.00 5 000 snft

327ll

I 10.00 S27ll 5,000 sqft

Is!-F"99hl

Addition to l,linimurn Pcnnit Fcc

t-40

56.00

4l -80

61.00 7 t.00 56.00

6 1.00

o\,cr 80

Elcr{orlsllPliqr!1qqd Aurusement Ride Insoeclion Kiddie Ride

16.00

26.00

2'.1.00

56.00

27.00 56.00

56.00 556 plus 0.2olo ofyalue

56.00 $56 plus 0.2% ofvahrc

56.00

s6.00

61,00 56.00 s6.00 56.00 56.00

It4aior Ride

Ridc

l,ir'"t" t'i.,t, s

71.00 56.00

I - 2.200

ovcr 2,200

N,liscellumus

Fees

l\,lobile Honres lr4odular Classrconr

Unils

Tcrts

Cl,t,r"ey. Frce Standing

Fireplacevwood StoYes

Statiorqqf irepkces Srvinrming Pools $l - 2,200

56.00 $56 plus 0.27o ofvalue

over 2,200

t.00

56.00

56.00 56 00 56.00 56.00 556 plus 0.2%

Certifi cate of Occupancy

_B!EidlltlEI

56.00

l0 00

56.00 l 10.00

56.00

Conrurercial

Extension of Rcidsrtial, cormdJ!,ilrorrc.o. Ternootarv

r r0.00

Rental

56.00 ?J nn

TNo or lvlore Unils (per rmil) Reinsnectinr Busiress Licerse lDsDecliol Board ofBuilding Code Appeal 'ennits

56.00 34.00 56.00

I 10.00

276.00 83.00

2'16.00 83 00

Towet AntetrDas and Like Stnlctures S0 - 4999 r,alue

5,000

nvcr

0O 0O0

Building

t07.00

i2!.0q

I,227.40

Fcs_-=-

091q.{!

Conruercial Nes, Construction

l!A,L!

Extension ofPemrits

--coqgcti9u4!n9!$!g-I9!!.!-&9.ExEa hEDection TriDs feach) Additional/Aheratiorr/Repnir

vatuc

Zonirtg Fees

lvlinhnuur St.te Le\ry I Busirress Clmraucc

sq_ae_4pp:lt

o/so.

53.00 83.00 56 00

$0.013 $0.009 $0-007

$0.009 s0.007

leallh Dep?rlmnl Evaluation

Constntction

39.00

39.00 2.000/0

I 10.00

2't6.00 39.00 39 00

_ I 10.00

Uodatcs

ofZoning Appeals e Bnv Snecirl Excentinn

56.00 551.00 65.00

56.00

Reyierred by Zoninr Adn sd_!o- q

s0 011

7 ltto/^

I 10,00 276.00 39.00 39.00

ilorne Occupation Pennits (rcnins

!-!Igryq!

53.00 83.00 56 00

(Cornurercial & Residentail) based

s5,00 I -$20,000

Ncw

.09Aq.ft.

of constnrction

Q0=0!-ss.!!!_

Eoa'd_9!e!!qi$

1,22'.7.00

$l.227olus $4 ocr $1.000

__!sia:$dnrycoLs@__

07.00

428.00

t9,999 20.009_:22P2e

oild_qf z9!_l]g4pliqal

56.00 s

33 t.00

56.00 33

i.00

('l l'\' oF stIFt.'()t-l( tiliri s( lIlil)ul,li trts('i\ t, \'ti.\ R 102il-202

Fccs

i\rritlcil DctenuinatioI by Zoniag Administrator

Fiscrl Ycar 2019-2020

Fiscnl '\'cnr 2020-202 I

00.00 $56,00 plus fecs for in-kind sen suclr as Polie, Fire, Equiprnent Rental, elc.

100.00

05.00 39.00

105.00

Special Entefl ainntent Pennil

Junkyard CotrrDliance Inspection (veady)

Tonpuag, Use Pcnrrit _ _ Ulifi ed Developrlell Ordinance Tenrporary Sigus Building Penuits: -Pennil tssued No lrspcctions Cornpleted

39.00

Cost

N/A

39.00

't 50/o

Foundatiou Ilspection Completed - Frarning

N/A

& Foundation htspcction Completed

7s;a

50%

25o/o

Electrical Pennils: Pennit Issued No hlspcctions Conlpleled

75v.

Rough-in lnspectiors ComDleted

50o/o

75vo 50o/o

ivlechatrical Pennits: Peunil Issued No .ltrspcctions Cotrrpleled Rough-il hrspccliors Conlplelcd

Gtr

75%

Petrnit Issued No lnspectioDs Completcd Rough-irr Insprctions Cou)plelcd Plurnbirrg Pennils Pennit Issled No [Npections Conlpleted . _Rough-irr Irrspecliols Cornpleted Suall Cell Torver Value of $0-$4,999 s5,000-s1.9,999 . $20,000-s99,9r9 Orer $100,000 'llll ftItills subjct to Sl5,(10 lnoesshE Fcciil, ru.fturls

less

7s%

50%

s0%

75.k

isy.

s0'1p

50_o/p

PenDils:

1so/r

71i1tl

s0%

50o/o

..... .

NiA

fill

102,00

N/A N/A N/A

1 169.00 I,i69.0-0 plus4.00 per 1,000

25.00

t0.00 ?5 00

2s 00

:108.00 -.

irsuelJor nnotnts

thnil S!5,00

POLICE &r!!!!!!l Alann Registration AIann Regislration Rcnerval I

dflvs)

Fee (o

almrr corrrpany for failure to proYide alamr user list Reirstaterneflt fee for failure lo proyide alann user list Late fee for re8istration rcnewal_(S!9flq-Sy-C) Use

25.00 pcr rvorkiu dav until 100.00

+ 10.00

?l4q

of Automatic Dialer

Reinstalement Fee for failure to provide ARi\,l Faihrre ofalann cornpany to provide custo:ner False Alamr Prevention Failure of ala.nr goillpl!)l 19._pl9lid_el_bnl]!!Ull9r_q9$ll!t Failure ofalann complly lS,plS1l4g 411ryr Dlspalch Records requesi Sccurity Alann Cornpany luitial Registration+ !q1e lee for Sccurity Alanu Conrpany regisharion (afler 30 days)

Security Alanr Company Registration Reuerval less that 50 alann sites in

Srrffolkr ily_4lgtr,_c_oj1,1laly_Eggisqdqt 39!_e$!-1t atur r.ttq,!E&lL tatcnretrt fcc for alun irrstallation/rnolitoriru cornpany Seneral falsc alann fee

lor second

3eneral false alanl fee for third response 3qtcral falsc almu fee for fourth and subsequent resDouse

tobb_ery_/paricfalsealanlllorsecondres!_q!$L-___

100.00

I0.00 25.00 100.00

n,orking dav until cornoliance + 10.00 oer recistered 25.00

00.00

t00.00

00.00

r 00.00 I00.00 + 10.00

10.00 per reaistered

50.00

50.00 50.00

100.00

2s.00

25.00

100.00

t00.00 50.00

100.00

50.00 t00.00

100.00

50.00 I

50.00

Robbery/paric lalse alarn for third response

150.00

llobbery/pilic false alar:n for lourth

250.00

50.00 25.00 I 00.00 I 00.00 I 00.00 75.00 r00 00

50.00

and all subsequent resDonse

i{einstatenlsnt lcc to alann user for suspcndcd almr rcRistratiou Lale feâ&#x201A;Ź for failure to pay false alaun fces alter 30 days Falsc Alm fec for non:Lcgiste red almr per ryspqrlc Fec to nronilorirS co. for calling r'rr on suspcnded /uDrcgistercd alanu silc Fce to alann conrDauy for nraking false Fee to alanu compary lor causing false alann response per rcsporse

!cq19 ryo1it9nr1g1911pm),for

failurc to veri&

alm) !yj!q!fqS!4

50.00

25.00 00.00

100.00 100.00

75.00 100.00

Fee for appeals per request

25.00

Local Record Cleck

10.00

r0,00

&cl4q[&pon

0,00 I 0.00

10.00

ncident Renorl

t0 00

( l't'\'

or r-trl,'t;ol,l(

trtiu s( il0Dt,t.ti HS(:,\ t. \', ti,\t{ t020-202

Fiscol Ycnr 2019-2020

Fccs

'logcr

Fiscnl Ycnr 2020-202

for firsl cud, and 55 for addilional cards 7.00 or clst Nhntcver is-grenld

$ I0

card, nnd 55 for additional cards 7.00 or cost Nhntever is greatcr

20.00

iolicitation PcnDit Jonccaled _Weapon

20.00

15.00

Pmrl!__

15.00

___lLgq_

c"rrs,t r.alcs [ra,r-fs.oo

:oilrDuterGenerrted Reoo(s

l0 for first

5.0!___

Cosl- but not lcss lhan 15.00

$30.00 phrs S20 for urnual insprction or rcinspection of $30.00 plus S20 for alnual inspectiorr or reiuspcction of each Yehicle listed each vchiclc listed pcr Police Oflicer/$30 hour, minimum 2 hours Supen'isor/S35 per Police Officer/$30 pcr hour, nrinimum 2 hors Supeoisor/S35 pcr

rrti{lcate of Public Convelie,rce

glllty_lgrytg0s,

s!4!rl.cl4!Iulsr'"I9!gg-Uqtsepent)

hour, minimum

hour. nrininrum

l5=o-qfgfday

5.00 per

da1,

loption - Fe)ine Adoption Spayed or Ncutered rvith Vaccincs (Arimal 75.00 95.00 25.00

Ylqcjltes (4i!ijta! s relter) Adoptior - Arirual other than Felire or Canine (Aninral Shelter) Doc Licclse Fee - Soaved or Ncutered lAnirnal Shelter) DoJ.l License Fee - Not SDaved or Neutcred (Aninlal Sheltcr)

75.00

95.00 25.00

5.00

5.00 10.00

- Duoli( l-ifetinre Dog Liccnse Fee - Spayed or Neutored (AniDral Shelterl

t0.00 I.00 50.00

Dangcrous Dog Rcgistration Certifi cate

Dos License Fee

50.00 85.00

Darllcrons Do,l Recistralion Certificale RcDo\yal (cnnel Licelse

iull

1.00

50.00

$50 per block

Scale Accident Diagr

Audio Dispatclr Tape/CD CAD Report _

150_00

of l0

85.00 $50 per block of i0 doss

docs

5.00

500

5.00 6.00 0.50

15.00

Color Co.py

6.00 0.50

025 llglggraplrs or CD

l 5.00

5.00

Video Tape

15.00

5.00

35.00

40.00

PUBLIC U'TILITIES Bacleriological Tests (each)

oelqqL"l.igy_1"*

Door taB placeDlent

r0,00

10.00

jt,[etcr Renroval

25.00 50.00

25.00 50.00 1.5 o/o per nlonth \\,ilh S0.50 mitrimurn I 00.00

Finance Cltarges Connect/Reconrrection Watcr Comervation Rccotrneclion Fccs

1.5

9/o

per nloDtlr \yitlt $0.50 nririmurn 100.00

lst Violation

250.00

Subsequert Violations

500.00

WltCr_81lgpg]!q_9!,!ic_&S!_Quly_l - Septernber 3!) Waler Rate oer 100 cubic feet foclober I - June 30) WT\\IA \\,holesale Water Rate (Der 100 cubic feet) W'fU,A Fired Cap!g!l!)l Chargo (per nronth)

21t 9.97 4.84 199,026.00 200.00

WTWA \,leter Sen ice Chtrse (oer nronth\ Waler Consen ation Sen,ice CharAc Rate

Chrse

200.00 t.25

48.55 I L25 (Billed at S0.370 pcr day pr 28. I 5 (BiUed at 50.925 per day ps 56.25 (Biiled at S1.850 per dav oer

billirg cycle)

billils

I 1.25

cycle)

6 8.

75 (B

illed at

$5. 51 q p_el

4 ilch mcler

l0 inch rneter 5/8 and 3/4 irrch nrcter I inch trleler

l% inch rncler irch nreter irch

metil _ mcltr

8 irrch meter

__10

__- - _

3 hrch nretcr 6 inch

inr a,clel

-- --

eilJ"t SO370 p"r d"y p* bili,,g "V"1") (Billâ&#x201A;¬d at 50.925 56.25 (Bilted ar S l.q:0,PJl-day.pg_U!]Itggt q9) .90.00 (Billcd at $2.959 per dny ps billing rycle) 168.75 (Billed at $5.548 per day per billilg cycle) 286.25 (Billed at $9.4 I I pcr day per billirg cyclc) __ 562.50 (Billed at $ I 8.493 pcr day pcr billing cyclc) 900.00 (Billed at $29.589 I

t:S

28, I 5

2 4

t.293.75

Chtrc9O31r9'!D_(Q-9QEL]jJr'!alq_

1,293.75 (Billcd at S.12.53,1 pcr day pcr billing cyclc)

i,tg!-.USler

28.

rydg)_

1"y_p"r U!!gg_cl_d

162.19_18!ls{ q! tl!.42] 900.00 (Billed at $29.589

rrelg

8 irrch nreler

(Billcd at $0.370 per day pcr billinr cvcle)

l5 (Billed

at S0.221-p-!Ld!y_per billitLcycle) 56.25 (Billed at S1.850 per day perbillirs cYcle) 90.00 (Billed at 52.959 S9I i!v_p_9f!4llle I68.75 (Biiled at S5-548 per day per billil,: cl,cle) 286.25 (Billed at S9.4 I I per dav oer billire cvcle) 562.J0 (Billed at $l 8.493 oer d 900.00 (Billed at $29.589 oer d 1,293.75 (Billed at S42.534 rcr day oer billinr cycle)

billins q'clc)

2 inch meler

Mgq'_&ryi""

lvlelei 48.55 49.80

(Julv I - Seotenlber 30)

(Der noDth)

)/E aud J/4 rnch Dleler I incL neter l% inch roeter

6 iuch

___

4.86 200.470.00

L25 x i\,leter Rate 48.55

w49l-ys!sdol_!&lclid*(p-9r,[o_!!!L:-5-9{_l!]y I - Scptcmbcr 3E_, \\rater Usng,e Non lr&tered (per nron0 - 5 cO (October I - June 30) ir,leter Sen,ice

250.00 500.00

Z.;S

Sif

t"A at SOt 19 D"r d^,,

8.75 (Billed_irt S I0.480 per day_p_94!Ll4g_9yj1g_ 637.50 (Billed at S20.959 prday ocr billirc cvcle) 1020.00 (Billed at $33.534 per day per billins q,cle) 3I

1.466.25 (Billed nt $48.214 pcrdayj_cl

\Yllpr!_olr9llql_QLry-gqfur:8lld-Ul:gt!D_ __sAi!t9!,3_?l-4-i1tgt,-ttt_!q,_-

_ -

I inch meter l%inchueler 2 iuch rnetcr

__. __

2,000.00

26q0.90

---?r*r---___

3,009.00

,. lrilli*r.l")

(Billed at $ 1.048 per day per billins cycle) 63.75 (Billed at $2.096 per da)1per billilggylg) I02.00 (Billed at 53.353 pcr day per billing cycle) l9 1.25 (Billcd at 56.288 per dav per billinc cvcle) 1.90

2,000.00 2,300 , 600 00

__ _

3,000.00 00

( t'l'\' ol' splili()l'l( tr0ti s( lIlit)Ul,li trts(:,\ t, \'ti.\ll, 2020-202I Fiscrl Yerr20l9-2020

Fccs

Whqr the size is above those listed ilstallaliou plus 25%

'\,!!91

Al!iblrll

[tater

Actual cosl

Fmily

Achral costx 1.25

1.25

50.00

5,520.00

5.520.00 4,970.00

ilability Charg,s

,1,420.00

3.865.00 3,310.00 3.900.00

4,420.00 3,S65.00 3.310.00 3,900.00

(conM9I9l!D__

5/8 and 3/4 ilch neler I inch nrctcr I%

uitl

leuitafurg rvirtr Z ro .f mitsl lcct 1u Attached lr.l ulti Fanrilrl (Bui lding witLt t9_lq_.Ulils) lGgllproi0 Attached lvlulti Fonilr, (Buildinr rvith I 7 lo 24 units) (cost Der uDit) Attached lv,ulit Familv (Buildinc 25 + units) (cost Der trnit) I\4obile Horne Park (cost Der uDil) A\,fl

Fiscal Yerr ?020-2021

iDl Chargc (resideotial)

Fuuih,

Single Alrached N4ulli

to actual cost

a charge equol

5,520.00

irrch rreter

2 iDch lrrcler 3 inch

4 inch rrreler 6 inch urcter 8 inch nreter

l0 irch nrelcr hrstallment Payrtrenls Dovl Payrrent Lltercst

!!parrce cl4rge

Nen Accourt Sctup Charcc 'i.e HI4I4!ft I,l9!erâ&#x201A;Ź9pesttB9!!!!l Clltrge (cxchrdcs $atcr usagc chargc)

26,950.00

43,120.00 80.850.00 134,750.00 269,500.00

43, t20.00

134,750.00 269,500.00

43 1.200.00

619,850.00

Fire Hydrant Florv Test Fee/\\'ater I.lodel Evahration

19,8s0.00 2s0.00

Equal to prime rate- July I ll2 Yo or $0.50 nrinimrrn per tnontlr I

0.00

300.00 400.00 7.27

SI0Ohronth 400.00

36.35

'7.27

1.27

'1.54

36.35

37.70

1 000 nn

3,000.00

50.00

(Ocloler I - June 30)

rronth Server Connection Clrarge (insrlallcd bv citv) Server Usagc Not lvletered (per

80,850.00

250.00 Eoual to orirnc ratc - Julv I l12 To or $0.50 uinirnun pcr urorth r0.00

ErrercqlqSliolr (pg1 !00 q1{lc !gqt) (l!r!LL- septenrber 30) Sewer Usage Nol Nlelercd (per rronlh 5 cco (July I - Sept. 30) Sewer Collect!9!l_.(pcr 100 cubic fcct)

5,520.00 3,520.00

13,520.00

ccf) (October I - June 30)

inch 6 inch lateral size Server Conncction

6.000.00 Attached N4ulti Fnnrily (Buildirrg rvith 2 to 4 uuits), (cost per

Athched N,lulti

Far{ll@l!4lryltlt1!o

ulit)

--4!qr!eq!n!,-r"!nly.-Gd4usrr!-!-?1r!$- (geilps.tu!) -----\l

qbrll1elr

5.400.00

l6 q!i!l), (scclper rp!!)

5/8 and 3/4

4,200.00

3,600.00

3.600.00

3,900.0

3,900.00

*-" _

I irch 2

4,800.00

4,?q0.00

till\-G-e-'t

Chnrgc.(cmrercinl)

5,400.00

4,800.00

6,000.00

l4,800.oo

14,800.00

Z incl lrreter

29.500.00

ilch lneler

47.100.00

00.00

29,500.00 47,100.00

3 ;trcll nreter

88.

4 inclt metcr

146,800.00

i46.800.00

1E!!""!q 8i

293,400.00

293.400.00

469.300.00

674 600 00

674,600.00

20.00

Plan sheel cop_ies 24" x 36" (pcr sheet)

2.00

9oj.c-s-]u:l39!'3!rdrU!c-(sa9!r)-

0.20

Copics (gg!or) (cach)

0.15i

lr,lanual

of Cross ConneclioD Policies

Enginccring Revicrv Site Plruts Rcvicrv

E'lgifigg.Dti!S_ll-tir1&et,rg1!.

88, I 00.00

server nrains belorrd the

!_sq191-11ai119p_ly9_p_r111p._sl{i_o],reviewfee

Arnendrnenls

\'lorlq!

Eyal1q1i911

Si'te& I'fllL]y_OnlllllPulllp_Rerlg!4.Upr9!r9.!_ -, _.Sanilary Server Facililies . Watcr'fransnrissiorr./Distribrrtion Sile Plan \vitl) Public Utililios

servcr rnains olus puDrD statiorl rc\,iew fee

S500/SubnriIal 200.00 S2,000 per statioD

Plats l!rtp-_SJttigrt &etiie\t1ser!.91

1.50/if for crery fmt ofpublic rvatcr $ 1.500 Basc Fcc plus S L50/if for every foot ofpublic Naler initial 250 ifno rnairs phs purrp & server urains beyond the initial 250 ifno nrains plus pulrp ilatioil relierr lee station review fee i2,500 Basc Fcc plus $. I 5/if for cvcry foot of public rvalcr .$2,500 Base Fec plus $. I 5/if for elery foot of public waler i 1,500 Base Fec plus

S500/Subniual 200.00 52,000 per station 300

300.00

ofpublic servcr installcd 1.50/LF for even, foot ofDublic se\ycr itrstalled $1,500 plus $1.50 for evcry foot ofpublic rva(eror scrvcr nrairs installed S1.5O/LF for every foot

Frciliries

$1.50/LF foreverl, foot of public server installed

1,500 plus

1.50 for evcry loot ofpublic rvalsr or server rrains installcd

(.t t.\, oF st ttrtrol,l( rrtiti s( ttrit)t,t,E

lits("\

t. \'Ii,\

lt ltl!|-1,|z

Fiscil Ycrr

Fecs

Iiiscrl Ycrr 2020-202

20 19-2020

At Cost

Inspection Fce for Overlimc Work flt Developers Request

Cost

-j

,::!-3:-1:-r::r:

5/8 and 3/4 inch mcter

3,250.00 8,125,00

I inch rreier

26,000.00 48,750.00

3,250.00 8,125.00 16,250.00 26,000.00 48.7s0.00

81.250_00

8r.250.00

16,?:qq0

.!-L:-q"]-rl,g-"r 2 inch meler 3 ilch [leler 4 inclr lretr

E[\,ircnurcnlal lnccntirc - Servcr 5/8 and 3/4 r'lch nreter

1.7s0.00 4,375.00 8,750.00

iDch rneter

1,750,00

2 inch lneler

14,000.00

4,375.00 8.750.00 14,000.00

4 i:rch rneler

43,750.00

iuch lrclcr

Pt]BLIC \1'ORI(S 'raffi c Engincering[rqlqction

r!(l P!nI'-B!!!!]!'

Sile Plau:

lltelr"qlrg

l!u'

Insoection Sen,ices

$70llrr 1.600/aoolication S250 per location

GolfCart Sisns (uer Iocation) No Wake zone Study Fee No Walie Zone Right-ol-Way Errcroachrnent Pennit Shorcd I{obilih, DeYicc

N/A N/A

At Cosi

125.00

550.00

Fee

N/A

N/A Siot mryater an(l Public

Itqr

Worls

6.00/mo/ERU

6.00/ruo/ERU

ofcrgiuccn cosl cstitnatc plus 2% ofE&S bond estimate;

ofcngirrccrs cost eslirnato plus 2% ofE&S bond estirnate;

YqE!!2'i1rll!e 2olo

S1,400

Inspeclion Fee lor Site PlanVE&S Only PIans

2olo

minimum

51.400 rnhirrurn $400/acrc;S1,400 rniuirluur not to exceed S8,000

$400/acrc;S 1.400 nrinirnunr

rot to exced $8,000

>lb Dcvices $200 0>50 Devices $1.500 50< Devices S5,000 Defiued by Pennit

Ens

lnspection Fcc for Engileering PIans

IlgpeqlS!

I.000/application 1,500/applicalion Sl 00/plat

Sl00,4rr $18,000 per location

$70/hr l,600/application $250 ptr Iocalion

Qqllc4qtq4yl""

Applicatiol

,J00/applicalion Sl 0o/plal s 100,4r SI8,000 per lmatiorr

NIajor Final Subdilision Plals Tmffic Ensinccrin,r Study Fce Traflic Signal Lrspection Fee

Sl,steur

1,000/application

$ I

fofof,edir)r lvork

Developrnent Request

Stonurwler/E &S plan revicw Sitc Plan Revierv Fec

AtC

at cost I 0,000 sfofdisnrrbance - 5460 0,000-0.5 acre ofdisrurborcc -$835 Grcatcr thil 0.5 ard up to I.0 acre of disturbance- S I 585 (Plans rvith disturbalce grcater that 1.0 acrc slall add 5250/additional acre ofdisturbillcs or any portion lh6mf)

Less thmI

Thc follorving slate fees shall be addcd amrdirrgll, :1.0-5.0 acrcs + S756

>5.0-l 0.0 ncres + 5952 >10.0.50.0 acrs + $1,260 >50.00-100.00 acrcs + S1,708 >100.00 acres + 52.688 Plan Arncndnrcnt

Engirreering Plan Reviery Fee

=$350

$1000 + $l4fofroad\yay Thc follorving slale fecs shall be added accordilgly ll.0-5.0 ares + 5756 >5.0-10.0 acres+ S952 >10.0-50.0 ffi6 + S1,260 >50.00-100.00 ams + S1,708 >100.00 acres + S2,688

Plil

Amendrnetrts = 5350

lv,odificatio! or Transfer of Geleral Pcnuit/Regislration Stateuent for Fees strall bc paid purs[nnt to Virginia Adrrrinistrative Code Discharges of Slonl\yater frcnt Constntction Acliyitics 9VAC25-870-825 AnDual illai[lenance fces fi]r Ceneral or hrdiYidual Pennits for Dischargcs Fees shall bc paid pu6uant lo \rirginia Adurirrisralit,e Codc of StonnNater frcm Construction Activities 9VAC25-870-830 \,liuor Subdivision Plnn Rcvierv Fcc I50.00 $?50 per plat \bi!r SUq,vEfg'f_USUgfqIgAgrygnrenl Reviov Fee

lpel " lryly_E&s_s19-&!_8e.19,"_ Stonrwatcr \,lairrtcn"n." Arr"",n.ur Rf.--,'iI-FJ

290.00

sfofdisnubance - 5460 0,000-0.5 acrc of disturbance -S835 Creater than 0.5 aDd trp to I .0 acre of disturbasce- $ I 5 85 (Plaus rvith disurbancc grea(cr than 1.0 acre shall add 5250/addilional acre ofdisturbance or any portion therco| The follorving state fees shall be added accordingly ]1.0-5.0 acrcs + $756 >5.0-10.0 acres + 5952 Less than-10,000 I

> 10.0-50.0 acres + S I,260 >50.00-100.00 acres + $1,708 >100.00 acres + $2,688

Plm Anrcndment = 5350 S1000

+ Slnfofrcadway

The follorving state lees slrall be added acordingly ll.0-5.0 acres + $756 >5.0-l 0.0 acres + S952 >10,0-50.0 scres + S 1,260 >50.00-100.00 acres + S1,708 > 100.00 acrcs + 52.688 Plan Arnertdnreuts = $350 Fees slrall bc paid pursuart

lo \rirginia AdrDinistrdtiYe Code

9VAC25-870-825 Fees shall be paid putruant lo VirBinia 9VAC25-870-830 150.00

5750 pcr plat 290.00

150.00 rN/A

3.00

..Ecat Pismnt WntcrelU

263lacrc

Janres Riyer Waters|ed

632lacre

263lacre 632lacre

Fees

Adririshati\â&#x201A;Ź

Code

( l'I\' oli sl ll"liot.li t'titi s( IIt.:t)tIt.ti Ils('.\t, \'t.t.\ lt !020-2u2

Iii!crl l'exr

Fiscnl Ycrr 2019-2020

Fccs

2020-:

l'cnDits

of\\,try Pcntrit

Rig,ht

125.00

Dlus encrete (Der cubic foot) Drive[,ay Aprcr (pcr squue foot)

Strcct Nnnre Siurrs (orivate - black md vcllorvl Sqeet Nane Sjg!!! 1[public - grecn ard rvhitc) rennits (conlitrncd)

__!p"cial Pondts hr

25.00 Cost

Cosl Cost 2.50

2.50 600.00

600.00

B!I-l&!&!s

Sinole-Trin Pennir

75.00

$le!q- r!-ulslricllsyg RhnlrarTenn

E!!l!

Ceneml Eneheerinc Revierv ln-depth Enginecrirg Revierv \,,aps - Pritrtcd I\.laD Products GIS Tar lvlap (single_fnry)

See

300.00

al cosl

at cost

mst

flt cost

Oth r Nllp IrgCqS( O!!s!ell!ap) Gareraliued Citw Rr<e }r,len 1<inola rranl

75.00 t00.00

t00.00 300.00

Gsgmphic Inlonualion Syslern section for rnap Etes hrfonratiotr Sysietn seciion for map mtes

See Geographic hrlonnaliotr Systenr sectioD for nlap mtcs

Sce Geographic

See Geopraohic

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AGENDA:

ITEM:

June 17,2020, Regular Session

Public Hearing - An ordinance authorizing the issuance and sale of revenue bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof

Attached for Council's consideration is an ordinance to provide authorization for the issuance and sale of water and sewer revenue bonds to finance the cost of acquiring, constructing and equipping capital improvements with respect to the City's water and sewer system not to exceed $

16,500,000.

This public hearing was properly advertised on June 4,2020 and June 11,2020.

RECOMMENDATION: Adopt the attached ordinance

ATTACHMENTS: Ordinance Public Hearing Notice

ORDINANCE NUMBER

AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE CITY OF SUFFOLK, YIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF WHEREAS, the City Council (the "Council") of the City of Suffolk, Virginia (the "City"), has determined that it is necessary to issue and sell water and sewer system revenue bonds (the "New Money Bonds") to (i) finance, with respect to the City's water and sewer system, certain costs of acquiring, constructing and equipping capital improvements for which bond proceeds have been appropriated pursuant to the City's Capital Improvement Plan, as the City Council may amend it from time to time hereafter and (ii) finance, if and as needed, capitahzed interest, a debt service reserve fund, working capital and costs of issuance of the New Money Bonds (collectively, the "New Money Project"); WHEREAS, a public hearing on the issuance of the New Money Bonds has been held on June 17, 2020, after notice was published in accordance with the requirements of Section 15.22606 of the Code of Virginia of 1950, as amended (the "Virginia Code"); WHEREAS, in order to refund, redeem, defease and restructure certain bonds of the City that were issued to finance or ref,rnance the costs of water and sewer system projects (collectively, the "Prior Bonds"), the Council has determined that it is advisable to issue and sell water and sewer system revenue bonds of the City (the "Refirnding Bonds" and together with the New Money Bonds, the "Bonds") in order to refund, redeem, or defease, as applicable, certain of the Prior Bonds and to finance, if and as needed, a debt service reserve fund and costs of issuance for the Refunding Bonds (collectively, the "Refunding Project" and together with the New Money Project, the "Project");

WHEREAS, no public hearing is required on the Refunding Bonds under the Virginia Code;

WHEREAS, the City has applied to the Virginia Resources Authority ("VRA") for the purchase of the Bonds, and VRA has indicated its willingness to purchase such Bonds from the proceeds of one or more series of its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program) (collectively, the "VRA Bonds"), in accordance with the terms of a Local Bond Sale and Financing Agreement (the "Financing Agreement"), between VRA and the City, or such other financing agreement that may be entered into in connection with a separate series of the Bonds; WHEREAS, the Financing Agreement is expected to indicate that (i) the sum of (A) $15,000,000 plus (B) an amount necessary to refund any Prior Bonds and plus (C) an amount necessary to pay costs of issuance and capitalized interest on the New Money Bonds or (ii) such other amount as requested by the City in writing and approved by VRA prior to VRA's bond pricing, is the amount of proceeds requested for the Project from VRA (the "Proceeds Requested"); WHEREAS, the date of the sale of the VRA Bonds is referred to as the "VRA Sale Date;"

127676227.4

WHEREAS, VRA has informed the City that VRA's objective is to pay the City a purchase price for the Bonds that in VRA's judgment reflects its market value (the "Purchase Price Objective") taking into consideration the Proceeds Requested and such factors as the purchase price received by VRA for the VRA Bonds, the issuance costs of the VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA) (collectively, the "VRA Costs") and other market conditions relating to the sale of the VRA Bonds; WHEREAS, such factors are expected to result in the City receiving a purchase price other than the par amount of the Bonds and consequently (i) the aggregate principal amount of the Bonds may be greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested or (ii) the City may receive less than the Proceeds Requested if the financing parameters established under Section 1, Section 4 or Section 5 of this Ordinance restrict the principal amount of the Bonds such that the maximum principal amount of the Bonds does not exceed the Proceeds Requested by at least the amount of the VRA Costs and any original issue discount, the amount to be paid to the City, given the Purchase Price Objective and market conditions; and WHEREAS, the foregoing arrangements will be reflected in the Financing Agreement, a form of which has been filed in the City's records.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COLINCIL OF THE CITY OF SUFFOLK, VIRGINIA, AS FOLLOWS:

Authorization of Issuance of Bonds. The Council hereby determines that it is will benefit the residents of the City through the promotion of their health, safety and welfare (i) to contract a debt and to issue the New Money Bonds in an aggregate principal amount not to exceed $16,500,000, (ii) to contract a debt and to issue the Refunding Bonds and (iii) to award and sell the Bonds to or at the direction of VRA. The issuance and sale of the Bonds is hereby authorized on the terms and conditions set forth herein and in the Financing Agreement, and in accordance with Section 15.2-2601 of the Virginia Code, the Council elects to issue the Bonds pursuant to the provisions of the Public Finance Act of 1991, as amended. The proceeds from the issuance and sale of the New Money Bonds shall be used to pay all or a portion of the costs of the New Money Project. The proceeds from the issuance and sale of the Refunding Bonds shall be used to pay all or a portion of the Refunding Project. The Bonds shall be issued in one or more series with appropriate nomenclature and series designations, as determined by the City Manager (the "City Representative"). necessary and advisable and

Authorization of Financing Aqreement. The form of the Financing Agreement on file with the City is hereby approved. The City Representative is hereby authorized and directed to execute the Financing Agreement in substantially such form, with such completions, omissions, insertions and changes not inconsistent with this Ordinance as may be approved by the City Representative, whose approval shall be evidenced conclusively by the execution and delivery thereof.

Pledqe of Revenues. The Bonds shall be limited obligations of the City as to which

the principal of, premium, if any, and interest shall be payable solely from the net revenues (i.e. revenue less operating expenses) derived by the City from its water and sewer systems, as such

systems may be expanded from time to time, and from other funds, if any, that have been or may be pledged for such purpose. Nothing in this Ordinance, the Bonds or any documentation under which the Bonds may be issued shall be deemed to pledge the full faith and credit and taxing power of the City to the payment of the Bonds. The Bonds will be issued under and are equally and

ratably secured by a Master Indenture of Trust dated as of December l, 1996 (as previously supplemented and amended, the "Master Indenture") between the City and U.S. Bank National Association, as successor trustee (the "Master Trustee"), and as fi.rrther supplemented by a Seventeenth Supplemental Indenture of Trust (the "Supplemental Indenture" and together with the Master Indenture, the "Indenture") to be dated a date determined by the City Representative, all between the City and the Master Trustee, as "Parity Indebtedness" as defined therein.

Refunding of the Prior Bonds. The refunding of the Prior Bonds shall be executed

as follows:

(a)

the Council hereby authorizes and directs the City Representative to cause each of the Prior Bonds to be refunded to be called for optional redemption on its earliest optional redemption date required under applicable federal tax law;

(b)

the redemption proceedings, including the giving of redemption notices to the holders of the refunded Prior Bonds shall be done pursuant to the terms of the Prior Bonds; and

(c) the Council hereby authorizes the City Representative to cause to be prepared and to execute and deliver an escrow agreement or agreements between the City and an escrow agent or escrow agents to be selected by the City Representative providing for the irrevocable deposit of the proceeds of the Refunding Bonds in amounts sufficient, when invested as set forth in the escrow agreement(s), to provide for the payment of the principal of, premium, if any, and interest on the refunded Prior Bonds. 5.

(a) The Bonds may be issued in one or more series and the Bonds of each series shall be issued as a single bond in fully registered form and shall be dated the date of its issuance. The City Representative is hereby authorized to determine whether to issue the Bonds in one or more series in comection with one or more of VRA's Virginia Pooled Financing Programs; provided that the parameters set forth in (b) below are satisfied. Sale of Bonds: Terms and Conditions.

(b) The Council hereby authorizes the sale of the Bonds to or at the direction of VRA on terms that VRA shall determine subject to VRA's Purchase Price Objective and market conditions described in the Recitals hereof; provided, however, that (i) the New Money Bonds shall be issued in an aggregate principal amount not exceeding the amount specified in Section 1, (ii) the Bonds shall have a "true" interest cost not exceeding 550% (exclusive of "supplemental interest" as described in the Financing Agreement), (iii) the Refunded Bonds shall be payable in principal installments ending no later than the last year that a Prior Bond being refunded matures, (iv) the New Money Bonds shall be payable in principal installments ending no later than June 30, 2052, and (v) the Bonds shall be subject to prepayment upon the terms set forth in the Financing Agreement.

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(c) Subject to the parameters in subsection (b), the City further authorizes the City Representative to accept the final terms presented by VRA, including the final principal amount and the amortization schedule (including the principal installment dates and amounts) of the Bonds. If the limitation on the maximum aggregate principal amount of the Bonds set forth above restricts VRA's ability to generate the Proceeds Requested, taking into account the VRA Costs, the Purchase Price Objective and market conditions, the City Representative is authorizedto accept a purchase price for the Bonds at an amount less than the Proceeds Requested. (d) The actions of the City Representative in determining the final terms of the Bonds shall be conclusive, and no fuither action shall be necessary on the part of the Council. As set forth in the Financing Agreement, the City agrees to pay such "supplemental interest" and other charges as provided therein, including such amounts as may be necessary to maintain or replenish the VRA Reserve. The principal of and premium, if any, and interest on the Bonds shall be payable in lawful money of the United States of America. 6. Details of Bonds. The Bonds shall be issued upon the terms established pursuant to this Ordinance, the Indenture and the Financing Agreement. The Bonds shall be issued in fully registered form, and shall be numbered from R-l upwards consecutively with the appropriate series designation. The Bonds shall mature in the years and amounts, shall bear interest payable semi-annually at such rates and shall be subject to redemption prior to maturity on such terms all as set forth in the Financing Agreement. Principal, premium, if any, and interest shall be payable in laid.rl money of the United States of America. 7.

Form of Bond and Supplemental Indenture. The Bonds shall be in substantially the form attached as Exhibit A to the Financing Agreement and on file in the City's records, with such appropriate variations, omissions and insertions as are permitted or required by this Ordinance or any subsequent ordinance or resolution of the Council. There may be endorsed on the Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. The Supplemental Indenture shall be in substantially the same form as the prior supplemental indentures, pledging the net revenues derived from the ownership and operation of the City's water and sewer systems to payment of the principal of, premium, if any, and interest on the Bonds, and contain such other provisions as the City Representative shall determine to be necessary and appropriate.

8. Appointment of Bond Registrar and Paying Agent. The City Representative is hereby authorized to select and appoint as Registrar and Paying Agent for the Bonds (the "Bond Registrar") a bank or other financial institution capable of performing such duties. In the absence of such selection and appointment by the City Representative, the Treasurer of the City is appointed as Bond Registrar. The Council or the City Representative may appoint a subsequent Bond Registrar or one or more paying agents for the Bonds upon giving written notice to VRA speciffing the name and location of the principal office of any such Bond Registrar or paying agent. 9.

Execution of Bonds. The City Representative is hereby authorized and directed to execute appropriate negotiable Bonds, and the Clerk of Council (the "Clerk") is hereby authorized and directed to affix the seal of the City thereto. The City Representative is hereby authorized and

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directed to deliver the Bonds to or at the direction of VRA upon payment of the purchase price therefor. The manner of execution and affixation of the seal may be by facsimile; provided, however, that if the signatures of the City Representative and the Clerk are both by facsimile, the Bonds shall not be valid until signed by the manual signature of the Bond Registrar.

10.

Tax Compliance Agreement. Such officers of the City as may be requested are authorized and directed to execute and deliver a non-arbitrage certificate and tax compliance agreement (the "Tax Compliance Agreement") with VRA in a form to be approved by the officers of the City executing such document, whose approval shall be evidenced conclusively by the execution and delivery thereof. 1 1. Arbitrage Covenants. The City covenants that it shall neither take nor omit to take any action the taking or omission of which will cause the VRA Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, or otherwise cause interest on the VRA Bonds to be includable in the gross income of the registered owner thereof under existing Iaw. Without limiting the generality of the foregoing, the City shall comply with any provision of the Tax Compliance Agreement that may require the City at any time to rebate to the United States any part of the eamings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required or no longer required to prevent interest on the VRA Bonds from being included in the gross income for federal income tax purposes of the registered owners thereof under existing law. The City shall pay any such required rebate from legally available funds.

12.

Official Statement. The City authorizes and consents to the inclusion if necessary of information with respect to the City contained in VRA's Preliminary Official Statement and VRA's Official Statement in final form, both prepared in corurection with the sale of the VRA Bonds. If appropriate, such disclosure documents shall be distributed in such manner and at such times as any of them shall determine. The City Representative is authorized and directed to take whatever actions a.re necessary or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule l5c2-12.

13. Notes in Anticipation of the Issuance of New Money Bonds. If prior to the offering of any series of the New Money Bonds, conditions are such that the City Representative, after consultation with the City's financial advisor, determines that it is not advisable to enter into a long-term financing for all or any portion of the costs of the New Money Project, the City Representative, without further approval of the Council as to documentation or otherwise, is hereby authorized to execute, deliver and issue short-term notes or other interim financing of the City (the "Notes") as provided in Section 15.2-2628 of the Virginia Code in anticipation of the issuance of any or all series of the New Money Bonds. The Notes must comply with the parameters established in this Ordinance for the New Money Bonds and otherwise be consistent with the other terms and conditions contained in this Ordinance to the extent not inconsistent with the specific parameters, terms and conditions for the Notes established in this Section 13. Further, the City may issue and sell the Notes at public or private sale as determined by the City Representative, in consultation with the City's financial advisor. The specific parameters, term and conditions for the Notes are as follows: (i) the term to maturity of the Notes shall not exceed five years, (ii) the City may issue Notes that bear interest at

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a fixed or variable rate that the City Representative, after consultation with the City's financial advisor, determines to be reasonable and (iii) if the Notes bear interest at avariable rate, the true interest cost parameters set forth in Section 5 shall not apply. The Council hereby authorizes the sale of all or any series ofthe Notes by private placement or direct loan to one or more purchasers or banks, or both, selected by the City Representative after

consultation with the City's financial advisor. The City Representative is hereby authorized and directed to execute and deliver such private placement or direct loan documents as may be necessary or desirable in connection with the sales and loans authorized hereby (the "Direct Purchase Documents"). The approval of the final terms and conditions of such Notes, subject to the parameters herein shall be evidenced conclusively by the execution and delivery of the Direct Purchase Documents by the City Representative.

Any of the Notes may be extended or ref,rnanced from time to time by or at the direction of the City Representative, provided that no extension or refinancing matures later than five years from the date of the original issuance of such Note. The Clerk is hereby authorized and directed to affix the seal of the City thereto. The interest component of the Notes shall be secured in the same manner as the New Money Bonds authorized hereunder. The principal component of the Notes shall be secured by the proceeds of the New Money Bonds authorized hereunder and if the City Representative elects (after consultation with the City's financial advisor) in the same manner as the New Money Bonds authorized hereunder. The Notes may be retired, in the discretion of the Council, from the proceeds of the corresponding New Money Bonds, any revenue bonds of the City or by means of current revenues, special assessments or other funds, provided that the maximum amount of the New Money Bonds or revenue bonds of the City authorized will be reduced by the amount of Notes retired by means of such current revenues, special assessments or other funds.

14. Further Actions: Authorization of Citv Representative. The City Representative and such officers and agents of the City as may be designated by the City Representative, are hereby authorized and directed to take such further action as they deem necessary or appropriate regarding the issuance and sale of the Bonds, including necessary steps to qualify or register them for sale in one or more jurisdictions and to secure credit enhancement therefor. All actions previously taken by the City Representative and such officers and agents in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. The authorizations granted in this Ordinance to the City Manager and the Clerk may be carried out by the Deputy, Interim or Acting City Manager and any Assistant or Deputy Clerk, respectively, in the absence of the primary officers. 15. SNAP Investment Authorization. The Council authorizes the Treasurer to have the option to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Bonds. The Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in corurection with SNAP, except as otherwise provided in the contract creating the investment program pool.

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16. Filins of Ordinance. The City Attorney of the City is authorized and directedto file a certified copy of this Ordinance with the Circuit Court of the City pursuant to Sections 15.22607 and 15.2-2627 of the Virginia Code. 17. Effective Date: Expiration of Authorization. This Ordinance shall take effect immediately upon passage. Except as set forth in the following sentence, the authorizationto issue and sell the Bonds shall expire on June 30,2021, but all other provisions of this Ordinance shall remain in full force and effect. The authorizationto issue and sell any New Money Bonds to retire any Notes issued hereunder shall expire on June 30,2025READ AND PASSED: TESTE:

Erika S. Dawley, City Clerk

Approved as to form:

-1-

NOTICE OF PUBLIC HEARING ON THE PROPOSED ISSUANCE OF WATER AND SEWER SYSTEM RE\TENUE BONDS BY THE CITY OF SUFFOLK, VIRGINIA NOTICE IS HEREBY GIVEN that the City Council (the "City Council") of the Ciry of Suffolk, Virginia (the "City"), will hold a public hearing in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, on the proposed issuance of its water and sewer system revenue bonds in a principal amount not to exceed $ 16,500,000 (the "Bonds"). The City proposes to issue the Bonds and use the bond proceeds to (i) finance, with respect to the City's water and sewer system, certain costs of acquiring, constructing and equipping capital improvements for which bond proceeds have been appropriated pursuant to the City's Capital Improvement Plan, as the City Council may amend it from time to time hereafter, and (ii) finance, if and as needed, capitalizedinterest, a debt service reserve fund, working capital and costs of issuance of the Bonds. The projects to be financed by the Bonds are subject to change in accordance with the City's capital expenditure cash flow needs and Virginia law. An ordinance authorizing the issuance of the Bonds will be considered by the City Council at its meeting on Wednesday, June 17,2020, following the public hearing on the issuance of the Bonds. The public hearing, at which persons may appear and present their views, and which may be continued or adjourned, will be held at a meeting that will begin at 7:00 p.m. on Wednesday, June 17, 2020, before the City Council in the Council Chambers, City Hall, 442WestWashington Street in Suffolk, Virginia.

All interested persons are invited to appear at the time and place aforementioned, and any interested person whose participation in this meeting would require the accommodation of a disability should contact Patrick Roberts, city Manager, at (757) 514-4012. IPUBLISH ON JUNE 4 AND JLINE 11]

127448t27.3

AGENDA:

June 17,2020, Regular Session

ITEM:

Public Hearing - An ordinance authorizing the conveyance of certain real properly known as Tax Map & Parcel 40A*76

Tax Map & Parcel 40A*76 and the abutting properly Tax Map & Parcel 40A*76Awere originally owned by the City and obtained through the 1974 merger. In 1999, the City conveyed the abutting parcel, Tax Map & Parcel 40A*76A,to Farmers Hardware - Furniture Company, Inc. Tax Map & Parcel 40A*16 was retained and utilized by the City for a small fire suppression water storage tank in the Village of Holland. As part ofthe 1999 conveyance, the Deed of Bargain and Sale contained a clause which stated that if the City ceased using Tax Map & Parcel 40A*76 for municipal purposes generally, title to Tax Map & Parcel 40A*76 would vest in the owners of Tax Map & Parcel 40A*76A.

With the completion of the water improvements in the Village of Holland and the construction of the new elevated water tank located at the Pioneer Elementary School, the existing water storage tank was demolished and removed from the site. At this time, the City has no other municipal uses for the site and it is recommended the City relinquishes any remaining interest in Tax Map & Parcel 40A*l 6. A public hearing is required as the City is disposing of its interest in the parcel. The City's interest was divested when the lot ceased to be used for the water tank, but the Attorney representing the current owner of Tax Map & Parcel 40A*76Ais requesting that a deed be put to record to clear up the title. The public hearing has been properly advertised

RECOMMENDATION: Adopt the attached ordinance

ATTACHMENTS: Ordinance

ORDINANCE NUMBER

AN ORDINANCE AUTHORIZING THE COI{VEYANCE OF CERTAIN REAL PROPERTY KNOWN AS TAX MAP & PARCEL 40A*76 WHEREAS, Tax Map & Parcel 40A*76 (the Property) and Tax Map Parcel 40A*76A (abutting properly) was acquired by the City as part of the 1974 merger; and, WHEREAS, the abutting property was conveyed in 1999 to retained the Property for a water storage tank; and,

private company and the City

WHEREAS, the 1999 Deed of Bargain and Sale for the abutting property contained a clause which stated that, if the City ceased using the Property for municipal purposes generally, title to the Property would vest in the owners of the abutting property; and,

WHEREAS, the City has demolished and removed the water storage tank with the completion of the Village of Holland water improvements and a new elevated storage tank, and the City has no other municipal use for the Property; and, WHEREAS, on June of the property.

,2020, City Council held

public hearing concerning the disposition

NOW, THEREFORE, BE IT ORDAINED by the Council ofthe City of Suffolk, Virginia, follows:

Section 1. The disposition of the Property described as Tax Map Parcel 40A*76 be, and it is hereby, authorized and approved. Section 2. The City Manager and the City Attorney be, and they are hereby, authorized and directed to prepare and execute such documents as may be necessary to effectuate the transfer referred to above. Section

This ordinance shall be effective upon passage and shall not be published. READ AND PASSED:

TESTE:

Erika S. Dawley, City Clerk

Helivi L. Holland, City Attorney

AGENDA: June 17,2020, Regular ITEM:

Public Hearing

Session

Consideration of an appeal of the decision of the Historic

Landmarks Commission

regard

request

for

Certificate of

Appropriateness HLC20l9-0038, for property located at I 30 Brewer Avenue, Zoning Map 34G17, Block 2, Parcel B* I 8* 19*20

Attached for your consideration is information regarding an appeal of the decision of the Historic Landmarks Commission to conditionally approve a request for a Certificate of Appropriateness, HLC20l9-00038, for property located at 130 Brewer Avenue in the Suffolk Historic Conservation Overlay District. The subject appeal was submitted by Ben Clay, property owner. The applicant submitted an application for a Certificate of Appropriateness on September 10, 2019 for the replacement of existing wood siding with Hardie-Plank siding. The

application, which initially went before the Historic Landmarks Commission (HLC) on October 70,2019, was tabled at that time as it was discovered that the entire scope of work was not included in the application. During the meeting, it was revealed that the applicant also proposed replacement of all wood trim work and wished to eventually replace many of the windows as well. The applicant revised the request and it went before the HLC for consideration at their January 9, 2020 meeting. The amended proposal requested the replacement of all existing exterior wood siding with Hardie-Plank siding of similar color, the replacement of existing wood molding, dental block, and window trim with Hardie material, and the replacement of 48 original wood windows with vinyl replacement windows. This appeal has been made in accordance with Section 3l-413O, which provides for an appeal of the Historic Landmarks Commission's decision to City Council when such appeal is filed within 30 days of the Commission's decision.

In exercising its powers, the City Council may, in conformity with the provisions of the Ordinance, reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the HLC. The City Council shall consult with the HLC in relation to any appeal and may require documentation of any HLC decision prior to hearing the appeal. Facts of this case:

A COA application was submitted on September 10,2019, requesting approvalof Hardie-Plank siding to replace existing wood siding. On October 10,2019, the Historic Landmarks Commission considered a request to replace all of the exterior wood siding on this property. At that time, it was revealed that the applicant was proposing changes that were not made a part of the application. Additionally, the Commission discussed the need for additional information in regard to the request, specifically a mock-up of the proposed siding

to compare to the existing siding. As such, the HLC tabled this request by a vote to 9-0. On January 9, 2020, the HLC conditionally approved the applicant's request, to include the request to replace all existing wood elements, to include siding, with a Hardie-Plank product. The HLC conditionally approved the replacement of the

original wood windows with vinyl clad windows. Specifically, the conditional approval stipulated that the applicant repair the existing windows that can be repaired, that the front elevation windows that cannot be repaired be replaced with wood windows that match the existing in material, size, configuration, detail, and exposure, and the windows on the north, south, and rear elevations that cannot be

repaired be replaced with vinyl clad windows that match the existing in size, configuration, detail, and exposure. On February 9, 2020, the applicant filed an appeal of the HLC's decision as it specifically relates to the conditions placed on window replacement. The applicant is requesting permission to replace 48 windows with vinyl replacement windows.

Recommendation:

The decision rendered in this case is in conformity with the requirements of Article 4, Zoning, Section 31-413, Historic Conservation Overlay District, of the Unified Development Ordinance and all associated standards codified in the Historic Overlay District Guidelines and adopted by City Council. It was not made in emor. It is recommended that this decision be affirmed by City Council. Attachments:

Executive Summary Staff Report, HLC20 I 9-00038 Letter to the Applicant regarding the HLC decision Appellant Corespondence Window Energy Savings and Paybacks (Source: The Iowa Department of Economic Development/Main Street Iowa)

Certificate of Appropriateness HLC20 I 9-00038 Applicant Appeal of Decision Executive Summary

Application: On September 10,2019, Ben Clay, property owner, submitted a request for a Certificate of Appropriateness (COA) for exterior material repair and replacement on a contributing structure located at 130 Brewer Avenue. The property is further identified as Zoning Map 34Gl7,Block2, Parcel B*18*19*20, Suffolk Voting Borough, zoned RM, Residential Medium Density zoning district, and HC, Historic Conservation Overlay District. Contributing structures, as detailed in the Suffolk Historic District Design Guidelines, include structures that contribute to the overall historic character of the historic district through the compatibility of their design, character, scale, material and detailing. The application, which initially went before the Historic Landmarks Commission (HLC) on October 10,2019, was tabled at that time as it was discovered that the entire scope of work was not included in the application. Specifically, the applicant was requesting the replacement of all existing wood siding with Hardie-Plank siding. During the meeting, it was revealed that the applicant also proposed the replacement of all wood trim work and many of the existing windows. The applicant revised the request at it went before the HLC for consideration at their January 9,2020 meeting. The amended proposal requested the replacement of all existing exterior wood siding with Hardie-Plank siding of similar color, the replacement of existing wood molding, dental block, and window trim with Hardie material, and the replacement of 48 original wood windows with vinyl replacement windows.

Conditional Approval of HLC2019-00038: The Historic Landmarks Commission (HLC) was established to review and administer the City's Historic Conservation Overlay District pursuant to Article 2, Section 3l-205 of the city's Unified Development Ordinance. In considering the request as submitted by the applicant, the HLC made findings regarding the appropriateness and compatibility of the proposed vinyl windows with respect to the standards of the Historic Conservation Overlay District as codified in Section 31413 of the Unified Development Ordinance and the Historic District Design Guidelines. Following an advertised public hearing held on January 9,2020, the HLC approved the application with conditions. Specifically, those conditions included the following:

Replacement of the existing siding, dental boards, molding, cornice, modillions, pilasters, and window trim with Hardie-Plank material that matches the existing in size, detail, and exposure.

2. 3. 4. 5. 6.

The repair of the existing windows that can be repaired. Replacement of front elevation windows that cannot be repaired with wood windows that match the existing in material, size, configuration, detail, and exposure. Replacement of the windows on the north, south, and rear elevations that cannot be repaired with vinyl clad windows that match the existing in size, configuration, detail, and exposure. No additional exterior improvements shall be permitted without the issuance of a separate Certifi cate of Appropriateness. All required permits shall be obtained from the City of Suffolk prior to commencement of

work.

City Council June 17,2020

HLC20l9-00038 Appeal 130 Brewer Avenue Page2

Appeal: The City received electronic correspondence on February 9,2020, from Mr. Clay, to appeal a portion of the HLC's decision in regard to HLC20I9-00038. This appeal has been made in accordance with Section 3l -413O of the Unified Development Ordinance (UDO) which provides for an appeal of the Commission's decision to City Council when such appeal is filed within 30 days of its decision. The specific items appealed include the following:

o o o

The applicant is appealing the approved actions above so that vinyl replacement windows may be used instead of retaining the existing material or replacing specified windows with vinyl clad windows. No other element of the approved COA is under consideration as part of this appeal.

Public Notice: This request has been duly advertised in accordance with the public notice requirements set forth in Section 15.2-2204 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance. A notice, containing a copy of the staff report, was also provided to the applicant on June 12,2020. Issue:

In consideration of this

request, the Commission found that both the replacement

of original materials that could be repaired and the use of vinyl windows as replacement materials are inconsistent with the standards of the Historic Conservation Overlay District. The Historic District Design Guidelines identify windows as a major character and style-determining feature of a historic building and offers clear direction on the preservation of windows and the criteria for evaluating the installation of replacement windows. The Historic District Design Guidelines fufther state the removal of historic materials shall be avoided, therefore the rehabilitation or repair of the existing window section(s) should be the primary objective. When replacement of the original window is requested, the Historic District Design Guidelines call for a signed statement from a licensed generalcontractor stating the condition of the existing windows. Supporting documentation for any application for a Certificate of Appropriateness seeking authorization for the replacement of windows should include exhibits and information on the ability of the windows to be repaired, need for replacement, proposed corrective measures, and options for replacement. The contractor's statement noted that the windows proposed for replacement exhibit wood rot and/or no longer effectively function. Pictures were provided of all of the existing windows proposed for replacement revealing many windows with peeling paint and

City Council June 17 ,2020 HLC20l9-00038 Appeal I 30 Brewer Avenue Page 3

some with sill damage. These pictures did not demonstrate that all of these windows required replacement and repair options were not addressed.

In accordance with Chapter 4, C.3 of the Historic District Design Guidelines, new windows may consist ofpainted wood, metal clad, or vinyl clad. Vinyl replacement windows do not replicate the

profile of wood windows, nor do they offer the material quality and craftsmanship that other products can. As such, vinyl replacement windows are not appropriate for contributing historic structures in the district. lt is important to note that the replacement of windows requested for this property in 2005 required wood to be used. The Secretary ofthe Interior Standards do not recommend altering windows or window features which are important in defining the historic character of the building so that, as a result, the character is diminished. Additionally, changing the appearance of windows that contribute to the historic character of the building by replacing materials, finishes, or colors, which noticeably change the sash, depth ofreveal, and muntin configuration; the reflectivity and color ofthe glazing; or the appearance ofthe frame is not recommended.

Considerations: The purpose of the Historic Conservation Overlay District is to provide for protection against destruction or encroachment upon historic areas, buildings, monuments or other features or buildings and structures of recognized architectural significance which contribute or will contribute to the cultural, social, economic, political, artistic or architectural heritage of the City of Suffolk. The District is designed to protect designated landmarks and other historic or architectural features and their surroundings within a reasonable distance from destruction, damages, defacement and obviously incongruous development or uses ofland. It is also designed to ensure that buildings, structures or signs shall be erected, reconstructed, altered or restored so as to be architecturally compatible with the historic landmark buildings or structures within the District. The District is governed by the Unified Development Ordinance (UDO) and by the standards of the Historic District Design Guidelines, which are codified by reference in Article 4, Zoning, Section 3 I -41 3, Historic Conservation Overlay District (HC). Primary consideration ofthis request is based on the following: Chapter 4, Section C.3, Guidelines for Window Preservation: Preserve Original Windows: Insure that all hardware is in good operating condition, that caulk and glaz ing putty are intact and in good condition, and that water drains off the sills.

Maintain Original Windows: Maintain original windows by patching, splicing, consolidating or otherwise reinforcing the wooden members. Wood that appears to be in bad condition because ofpeeling paint or separatedjoints often can be repaired. Uncover and repair covered-

City Council June 17,2020

HLC2019-00038 Appeal 130 Brewer Avenue Page 4

up windows and reinstall windows where they have been blocked in. If the window is no longer needed, the glass should be retained and the back side frosted, screened, covered with dark painted plywood on the inside, or shuttered so that it appears from the outside to be in use.

If repair of an original window is necessary, repair only the deteriorated element to match the original in size, composition, material, dimension, and detail by patching, splicing, consolidating, or otherwise reinforcing the deteriorated section. The removal of historic materials shall be avoided.

Avoid Replacing Original Windows: Replace windows only when they are missing or beyond repair. Reconstruction should be based on physical evidence or old photographs, when available. Replacement windows should be designated to match the original in appearance, detail, material, profile, and overall size as closely as possible. Do not use inappropriate materials or finishes that radically change the sash, depth of reveal, muntin configuration, the reflective quality or color of the glazing, or the appearance of the frame.

Maintain the Original Ll/indotw Patterns: Do not change the number, location, size, or glazing pattern of windows by cutting new openings, blocking in windows, or installing replacement sash that do not fit the window opening.

Improve Thermal Qualities: Improve thermal efficiency with weather stripping, storm windows (preferably interior), caulking, interior shades, and if appropriate for the building, shutters (blinds) and awnings. Install interior storm windows with airtight gaskets, ventilating holes, and/or removable clips to insure proper maintenance and to avoid condensation damage to windows. Install exterior storm windows that do not damage or obscure the windows and frames. The storm windows divisions should match those of the original window. Avoid unpainted aluminum storm sashes. This type of window can be painted an appropriate color if it is first primed with a zinc chromate primer. Avoid replacing a multi-paned sash with new thermal sash utilizing false snap-in muntins. Do not replace windows or transoms with fixed thermal glazing. Do not use tinted glass on major facades of the building.

New Ll/indow Materials: New windows may be constructed of painted wood, metal clad or vinyl clad. Unfinished or anodized aluminum is not permitted. When evaluating the acceptability of replacement windows, the following criteria shall be used: o Kind and texture of materials; o Architectural and historical compatibility; o Comparison to original window profile;

o Level of significance of original windows to the architectural style of the building; and

o Material performance and durability.

City Council June 17,2020 HLC2019-00038 Appeal 130 Brewer Avenue Page 5

Secretary of the Interior's Standards for Rehabilitation:

o o o o

The historic character of a property shall be retained and preserved. Removal of historic materials that characterize aproperty shall be avoided. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize an historic property shall be preserved. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials.

First, the Historic Landmarks Commission determined that vinyl replacement windows do not comply with the standards of the Historic District Design Guidelines stated above. The Guidelines specifically require that replacement windows match original materials as closely as possible. Wood windows are still widely available as are other appropriate materials, such as vinyl clad and metal clad windows, which profile similarly to a wood product and offer comparable depth that is observed on wooden windows. Secondly, the Commission recognized, through the Historic District Design Guidelines as well as the Secretary of the Interior Standards, the clear preference that existing wood features, including windows, be repaired and restored whenever feasible. It was determined that based upon the

information submitted by the applicant that many of the existing windows were in a condition where repair was a feasible resolution.

Thirdly, the Commission determined that the front fagade of the structure was visually prominent enough to require that any replacement windows on this fagade consist of wood windows of a profile and composition that match the existing windows. Brewer Avenue maintains a strong cohesive historical impression, the allowance of vinyl windows on this fagade would be a detriment to the resource itself as well as to the district overall. Additionally, the Commission acknowledged that in some cases vinyl clad or an altemative to a wood window may be appropriate. In their action, they allowed for the use of vinyl clad replacement windows for existing windows not located on the primary fagade where it can be demonstrated that the windows are in fact damaged beyond repair. Lastly, the Commission has been consistent in previous decisions regarding requests to install vinyl replacement windows in the Historic District. Specifically, within the past five (5) years the HLC has considered six (6) cases where requests for vinyl replacement windows were proposed for existing wooden windows on contributing structures. In each of these cases, the HLC has either denied requests to utilize vinyl windows or conditionally approved applications requiring wooden, vinyl clad, or metal clad windows be used as opposed to vinyl.

City Council June 17,2020 HLC2019-00038 Appeal 130 Brewer Avenue Page 6

Conclusion: In conclusion, these findings were not made in error; the Historic Landmarks Commission found the materials, appearance, character, and quality of the proposed vinyl windows to be incompatible with the requirements of the Historic Conservation Overlay District and all associated standards codified in the Historic Overlay District Guidelines. They further found the request to be inconsistent with past decisions made by the HLC regarding similar proposals and in relation to appropriate materials for replacement windows throughout the Suffolk Historic Conservation Overlay District. Recommendation: The decision rendered in this case is in conformity with the requirements of Article 4, Zoning, Section 3l-413, Historic Conservation Overlay District, of the Unified Development Ordinance and all associated standards codified in the Historic Overlay District Guidelines and adopted by City Council. It was not made in error. [t is recommended that this decision be affirmed by City Council.

GITY OF SUFFOLK 442W. WASHINGTON STREET, P.O. BOX 1858, SUFFOLK, VIRGINIA 23439-1858 PHONE: (757)

514-4060

FAX: (757) 514-4099

DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Division of Planning

To:

Historic Landmarks Commission

From:

Kevin M. Wyne, AICP, Current Planning Manager

Date:

January 9,2020

Subject:

REQUEST FOR CERTIFICATE OF APPROPRIATENESS HLC2O1900038, submitted by Ben Clay, applicant and property owner, for exterior material alterations and window replacement on property located at 130 Brewer Avenue. The affected area is further identified as Zoning Map 34G17, Block 2 B, Parcels 18, 19, and20, Suffolk Voting Borough, zoned RM, Residential Medium Density zoning district, and HC, Historic Conservation Overlay District.

STAFF REPORT Overview of the Subiect Pronerty and Surrounding Area The subject property is located within the2004 West End Historic District of the Suffolk Historic Conservation Overlay District. The majority of the buildings in this neighborhood date from the last decade of the lgth century through the first four decades of the 20th century, and display the fashionable architectural styles of the period in which they were constructed. The dominant forms and styles, albeit vernacular, include Italianate, Queen Anne, Colonial Revival, Classical Revival,

Tudor Revival, Bungalow/Craftsman, and American foursquare. Single-family dwellings

dominated the area initially with a few multiple-family dwellings beginning to appear in the second quarter of the 20th century. The West End neighborhood is also home to several churches and some early and late 2Oth-century commercial development. Brewer Avenue itself maintains a strong cohesive historical impression that remains largely intact from its period of significance and is lined with contributing residential structures. In particular, Brewer Avenue is home to several impressive Colonial Revival and Craftsman Style Bungalow homes.

The subject property consists of a contributing single family home in the Colonial Revival style built circa 1910 - 1925. The house is 5 bays wide with a central entrance and projecting center bay. The entrance contains a one lite denticulated transom, one lite paneled sidelights, and fluted pilasters. The wide molded wood cornice features dentils and modillions. The center bay on the second story is arched and contains a tripartite window. The window lintels and sills consist of wood and the front porch columns are scored and rest on concrete piers.

HLC20r 9-00038 January 9,2020

Page2

Surrou ndin g Characteristics The subject property is located in an area of contributing residential buildings. A list of adjacent and nearby properties is provided below.

Address

Building Type

125 Brewer Ave.

Residential

ca.

127 Brewer Ave.

Residential

ca. 1910

128 Brewer Ave.

Residential

ca.l9l5

129 Brewer Ave.

Residential

ca. I 900

Year Built

r9l5

Stories

Contributing /Noncontributing Contributing

2.s

Contributing

2.5

Contributing

Queen Anne

2.5

Contributing

ca.l950-I965

Colonial Revival

Noncontributing

Family Residential

ca.l950-I965

Colonial Revival

Noncontributing

134 Brewer Ave.

Residential

ca.l9l0

Bungalow / Craftsman

1.5

Contributing

135 Brewer Ave.

Residential

ca. 1900

Queen Anne

2.5

Contributing

136 Brewer Ave.

Residential

ca.1950-1965

Other

2.0

Noncontributins

137 Brewer Ave.

Residential

ca. 1935

2.0

Contributing

138 Brewer Ave.

Residential

ca. 1930

2.5

Contributing

MultiBrewer Ave.

Family Residential

Multi-

Case

Bungalow / Craftsman Bungalow / Craftsman Colonial Revival

1.5

l3l 133

Stvle

133 YzBrewer Ave.

Colonial Revival Colonial Revival

History

On October 10,2019, the Historic Landmarks Commission considered a request to replace all of the exterior wood siding on this property. At that time, it was revealed that the applicant was proposing changes that were not made a part of the application. Additionally, the Commission discussed the need for additional information in regard to the request, specifically a mock-up of the proposed siding to compare to the existing siding. As such, the HLC tabled this request by a vote to 9-0.

2014, the property was subject

to Certificate of Appropriateness HC-2014-00037, which

authorized the construction of a garage (50' x 20') fronting on Pender Street with access provided by a concrete driveway.

HLC20r 9-00038 January 9,2020 Page 3

2012, Certificate of Appropriateness HC-2012-48 was approved which authorized the construction of a garage (50'x 20') fronting on Pender Street with access provided by a concrete driveway. The Certificate of Appropriateness (COA) for the proposed garage was approved for a six (6) month time period. Construction did not commence on the proposed garage and the COA subsequently expired, resulting in an identical proposal in 2014, which did result in the construction of the approved improvements. In 2005, Certificate of Appropriateness HC-2005-90AD was received resulting in the reinstallation of the existing wood siding in order to install insulation on the first floor, the replacement of windows with new in-kind wood windows, repair/replace wood railing and columns, and painting

of the structure (walls, shutters, and dentils). Of note, the installation windows did not come to fruition.

of new in-kind wood

Public Notice This request has been duly advertised in accordance with the public notice requirements set forth in Section 15.2-2204 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance. A notice containing a copy of the staff report was also provided to the applicant on January 3,2020. Proposed Action The applicant is requesting a Certificate of Appropriateness to replace all existing exterior wood siding with Hardie-Plank siding of similar color, the replacement of existing wood molding, dental block, and window trim with Hardie material, and the replacement of 48 original wood windows with vinyl replacement windows.

Condition Statement The applicant has provided a contractor's statement, completed by Matt Stuffel of Total Home Improvements, Inc., which operates as a Class A Contractor. The statement notes that the overall condition of the existing siding is poor. It notes that moisture damage is present in areas on all elevations and that cupping and gapping observed would result in poor results if caulking is performed. Furthermore, the statement notes that overall, the existing wood siding is brittle with cracking noted throughout the structure. In total, the statement notes that 40 percent of the front fagade,73 percent ofthe south elevation,T6 percent ofthe rear elevation, and 75 percent ofthe north elevation require replacement.

In regard to the dental block, molding, and window trim, the contractor's statement notes that 90 percent of these elements on the front elevation, 70 percent of the rear elevation, 75 percent of the north elevation and 78 percent of the south elevation require replacement due to observed rotting or the fact they are missing. Additionally, the statement notes that in order to properly install a water vapor barrier between the wood frame and the replacement siding, replacement of these elements is recommended. No pictures were provided that support the condition statement in regard to the trim elements.

HLC20l9-00038 January 9,2020 Page 4

The contractor's statement also provides an analysis of the 48 existing wood windows proposed for replacement. The statement recommends that all of these windows be replaced, primarily due to wood rot. Windows proposed for replacement include two of the curved, second story windows on the front fagade, and all l2 of the sunroom windows on the rear elevation. While pictures of the curved windows proposed for replacement were provided, the photos are not detailed enough to justify their replacement. Windows 1-6, as labeled on the contractor's statement are not slated for replacement, thus photographs have not been provided for these windows.

Applicable Resulations and Analysis

Unified Development Ordinance (UDO)

1. B.

Section

(v)

3l-aI3G)Q), Approval of Major Action by the HLC Any alteration to exterior building materials or color of materials.

Suffolk Historic District Design Guidelines

Chapter l, Section F, Goals within the Historic Conservation Overlay District, Appropriate Design of Additions and Alterations for Buildings: Changes to historic buildings should be appropriately designed to be compatible with the architecture and overall character of the district. Additions and alterations to buildings require careful design in order to preserve and strengthen the character of the district. To this end, repair and maintenance activity involving exterior materials, finishes, windows, doors, awnings, signage, fencing and landscaping should be carefully planned to avoid negatively affecting the district's overall character.

Chapter 4, Section C.3, Guidelines for Window Preservation:

Preserve Original Windows: Insure that all hardware is in good operating condition, that caulk and glazing putty are intact and in good condition, and that water drains off the sills. Maintain Original Windows: Maintain original windows by patching, splicing, consolidating or otherwise reinforcing the wooden members. Wood that appears to be in bad condition because of peeling paint or separated joints often can be repaired. Uncover and repair covered-up windows and reinstall windows where they have been blocked in. If the window is no longer needed, the glass should be retained and the back side frosted, screened, covered with dark painted plywood on the inside, or shuttered so that it appears from the outside to be in use. If repair of an original window is necessary, repair only the deteriorated element to match the original in size, composition, material, dimension, and detail by patching, splicing, consolidating, or otherwise reinforcing the deteriorated section. The removal of historic materials shall be avoided. Avoid Replacing Original l{indows: Replace windows only when they are missing or beyond repair. Reconstruction should be based on physical evidence or old photographs, when available. Replacement windows should be

HLC20r 9-00038 January 9,2020 Page 5

designated to match the original in appearance, detail, material, profile, and overall size as closely as possible. Do not use inappropriate materials or finishes that radically change the sash, depth of reveal, muntin configuration, the reflective quality or color of the glazing, or the appearance of the frame. Maintain the Original ll/indow Patterns: Do not change the number, location,

size, or glazing pattern of windows by cutting new openings, blocking in windows, or installing replacement sash that do not fit the window opening. New Window Materials: New windows may be constructed of painted wood, metal clad or vinyl clad. Unfinished or anodized aluminum is not permitted. When evaluating the acceptability of replacement windows, the following criteria shall be used: o Kind and texture of materials; o Architectural and historical compatibility;

o Comparison to original window profile;

o Level of significance of original windows to the architectural style of

the

building; and o Material performance and durability. Chapter 4, Section F.2.b. Guidelines for Wood Materials: Repair rotten or missing sections rather than replace the entire element. Use

o o o o o o o

epoxies to patch, piece, or consolidate parts. Match existing materials and details. Replace wood elements only when they are rotten beyond repair. Match the original in material and design or use substitute materials that convey the same visual appearance. Base the design of reconstructed elements on pictorial or physical evidence from the actual building rather than from similar buildings in the area. In areas where wood is the predominant siding material, wood siding should be considered for use. Wood is recommended for use on additions on elements such as windows, cornices, porch trim, and all other decorative features. Materials other than historic materials which may replicate the qualities of the original may be acceptable as substitutes if the Historic Landmarks Commission determines that the substitute or synthetic material will produce the overall character, appearance, and performance. Conditions Statement: A signed statement, with exhibits, from a licensed carpenter or general contractor stating the condition of the existing wood, ability to be repaired, need for replacement, proposed corrective measures, and options to replacement is required as supporting documentation for any application for a Certificate of Appropriateness.

Chapter 4, Section H.2. Guidelines for Synthetic Siding General: Synthetic siding can be acceptable as a substitute for the original materials where the original siding materials have been removed, where the original siding materials have deteriorated beyond repair as determined by the

HLC20 t 9-00038 January 9, 2020 Page 6

Historic Landmarks Commission, or to additions to the primary historic building. Economic Hardship: Economic hardship will not be a factor in the decisionmaking process; rather the decision will be based solely on the architectural considerations, including the historical and architectural significance of the building, the condition ofthe original siding, and the feasibility ofreplacement with in-kind materials. Conditions Statement: A signed statement, with exhibits, from a licensed siding contractor or general contractor stating the condition of the existing siding, ability to be repaired, need for replacement, proposed corrective measures, and options to replacement is required as supporting documentation for any application for a Certificate of Appropriateness. Cement-Fiber Siding: Cement-fiber siding is a relatively new product which is made of concrete and wood fibers. It can be cut and fit like wood siding and can be installed adjacent to existing historic wood trim. Although not much is known about its behavior over long periods oftime, it appears to offer increased resistance to peeling paint problems, surface rigidity and a similar appearance to historic wood siding materials. This material is acceptable as a substitute for wood siding where the exposure and details of the original siding can be replicated and where the substitution involves an area no smaller than an entire face ofthe building. It is not appropriate for spot repairs where wood siding will be adjacent on the same face ofthe building. Substitute siding must align with the original siding and match the existing profile. Vinyl Siding: Vinyl siding is not acceptable as a substitute siding material. Aluminum Siding: Aluminum siding is not acceptable as a substitute siding material.

Secretary ofthe Interior Standards The Secretary ofthe Interior Standards, which are included in Appendix A ofthe Historic Guidelines, encourage the repair and preservation of existing historic materials and character defining elements. Where replacement is determined to be necessary, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. The design of replacement features shall also be substantiated by documentary, physical, or pictorial evidence. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, is strongly discouraged.

Staff Analysis The structure in question is a large, architecturally significant home that serves as one of the most prominent resources along Brewer Avenue, which itself maintains a strong cohesive historic impression. The size ofthe structure, approximately 6,000 square feet, makes it stand out along Brewer Avenue, which has an extensive collection of well-maintained contributing resources. Inspection of the property has confirmed that much of the existing wood siding, as noted in the contractor's statement, is in poor condition. While visible evidence of moisture damage of some

HLC20l 9-00038 January 9,2020 Page 7

of the siding was confirmed, a significant portion of the siding appears to be in a condition where repair is feasible. ln accordance with Chapter 4, Section 4.2.b of the Historic District Design Guidelines in regard to wood materials, one should "repair rotten or missing sections rather than replace the entire element" and "replace wood elements only when they are rotten beyond repair." During a site visit to the structure, a visual inspection of the molding, wood trim, cornice, dentils, and modillions took place. Aside from a few areas where these features were missing, or moisture damage was noted, the vast majority of these features appear to be in a condition where repair is feasible. The condition of these elements is noted throughout the photographs attached to this staff report. The applicant requests replacing all these existing wood features with James Hardie-Plank, which is a fiber cement material that is described in Chapter 4, Section H.2 of the Historic District Design Guidelines. Specifically, the Guidelines note that synthetic material such has fiber cement'ocan be acceptable as a substitute for the original materials where the original siding materials have been removed, where the original siding materials have deteriorated beyond repair as determined by the Historic Landmarks Commission, or to additions to the primary historic building." Fiber cement lapboard can be designed to replicate wood materials; however, as noted above, it is always recommended to preserve and restore existing wood materials as a first option for the preservation and treatment of historic resources.

With many portions of the siding on the structure being repairable, the Guidelines support restoring it, while replacing any missing siding that is damaged beyond repair with wood that matches the existing siding in material and design. Due to the size and visibility of this structure, repair or replacement in kind is appropriate.

In regard to the comice, dental boards, molding, modillions, and window trim, visual inspection has revealed these elements to largely be in a state of good repair, as noted above. Restoration of these features is supported by the Guidelines. Only in instances where these features are missing should they be replaced, and in such instances in-kind replacement with wood material is supported. James Hardie does not appear to offer a product that would successfully replicate these wood elements visually or from the standpoint of craftsmanship. In addition to the proposed changes noted above, the applicant is requesting to replace 48 of the 62 existing wood windows on the home with vinyl replacement windows that match the existing windows in configuration. Aside from the sunroom windows on the rear elevation, these windows consist of a I /l configuration. The majority of the sunroom windows consist of a312 configuration. Windows not proposed for replacement include all the first story windows on the front elevation, to include the front door side-lites and all the windows on what is identified in the supplemental materials as a shed addition. Additionally, several windows on the sunroom addition have been boarded up and are not proposed to be replaced as a part of this application.

The Historic District Design Guidelines identify windows as a major character and styledetermining feature of a historic building and therefore discourages their replacement. The Guidelines offers clear directions on the preservation of windows and the criteria for evaluating the installation of replacement windows. The Historic District Design Guidelines further state the removal of historic resources shall be avoided, therefore the rehabilitation or repair of the

HLC20r 9-00038 January 9,2020 Page 8

deteriorated window section(s) should be the primary objective.

The contractor's statement notes that the windows proposed for replacement exhibit wood rot and/or no longer effectively function. Pictures were provided of all of the existing windows proposed for replacement revealing many windows with peeling paint and some with sill damage. These pictures do not appear to demonstrate that all of these windows require replacement and repair options are not addressed. As previously stated, the applicant proposes to replace all windows with vinyl replacement windows that match the configurations but not the details of the existing windows slated for replacement. It is important to note that the curved glass windows on the front fagade of the second story will require specific curved glass replacements, and no rendering has been provided by the applicant that details a window that would be an acceptable in-kind replacement of these important and unique windows. Additionally, all of the l/1 windows feature lugs in the upper sashes that would need to be replicated with any appropriate replacement window. The replacement window proposed by the applicant does not show this feature being included.

In accordance with Chapter 4, C.3 of the Historic District Design Guidelines, new windows may consist of painted wood, metal clad, or vinyl clad. Vinyl replacement windows do not replicate the profile of wood windows, nor do they offer the material quality and craftsmanship that other products can. As such, vinyl replacement windows are not appropriate for contributing historic structures in the district. If the replacement of wood windows is required on the structure, it is recommended that wood windows be used on the highly visible front fagade, and a vinyl clad or metal clad replacement window be utilized on all other facades in accordance with the Historic District Design Guidelines. Please note that the replacement of windows requested for this property in 2005 required wood to be used. As mentioned above, the structure is large, which means the replacement of all the existing wood siding, dental boards, molding, window trim, and the 48 wood windows would have a greater visual impact in the neighborhood. Wood elements, particularly aged, good quality wood, evolves over time and requires maintenance that adds to its historic character. Wood work provides a level of craftsmanship that is not present and cannot fully be replicated with synthetic materials. Furthermore, replacement of these existing wood features with a synthetic material on the entirety of the structure would threaten the contributing status of this valuable historic resource. The Guidelines do not support replacement of original features in good condition or in repairable condition, as is the case with many of the features in question. In addition, conditions that would require replacement of most of the windows and all of the trim have not been demonstrated by the applicant. With the size of the structure in question, the installation of a synthetic siding, dental boards, molding and window trim, and the replacement of 48 wood windows with vinyl replacement windows, will not fully be capable of replicating the design and natural imperfections observed in a quality wood product and will produce a noticeable impact to the street and the District in addition to the resource itself.

Summarv and Recommendations Based on the above findings-of-fact and the conditions outlined below, staff recommends denial of the requested actions.

HLC20 I 9-00038 January 9,2020 Page 9

Staff recommends the following actions in regard to HLC20l9-00038:

The restoration of the existing siding that can be repaired.

The restoration of the existing dental boards, molding, cornice, modillions, pilasters, and window trim that can be repaired. Missing features shall be documented and replaced inkind.

Replacement of existing siding that cannot be repaired with wood siding that matches the

existing in material, size, detail, and exposure.

4. All wood features shall be painted a color matching

the existing feature.

The repair of the existing windows that can be repaired.

Replacement of front elevation windows that cannot be repaired with wood windows that match the existing in material, size, configuration, detail, and exposure.

Replacement of the windows on the north, south, and rear elevations that cannot be repaired with vinyl clad windows that match the existing in size, configuration, detail, and exposure.

No additional exterior improvements shall be permitted without the issuance of a separate Certifi cate of Appropriateness.

9. All required permits shall be obtained from the City of Suffolk work.

prior to commencement of

Sulfolk Historic & Cultural

Overlry District & Nationel Register

Hirtoric Dirtricts

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TOTAL HOME IMPROVEMENTS, INC. N4ain

Ofllcc: 40ii Ccor'-!re Washirrgton rVlenrorial l-lrvy. \'olktorvn. VA l.i(r9l Ollicc: l610 C!-orgc Wilshin{ton iVlcrtrot ial I-lrvr, . \'orktorr,n. VA l-1691 S77-2112'FIr S77-lE(rl tlrtu llro nrci nrPro venteu ts. crlul

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License # 2705045 t40A Class A Contractor Classification: Builder

Estimator: Matt Stuffel Date: 09/03/2019

SUBMITTED TO:

Job Address: Sanre

Ben Clay 130 Brerver Ave. Suttolk, VA 23434

Prinrary Plrone: 7 57 -739-1023 Enrail: benclay(rdshine-va.cunr Ovemll evalualion: . Siding is in very bad shape. Preparing for paint rvill be overly labor intensive and most likely result in a poor end result. Expect to find both lead and oil paint on existing siding. . Siding edges at every uncovered opening shorv signs of moisture danrage. This could result in significantly rnore siding needing replaced. . Genelal cupping and gapping obser.red over all original siding. Most gaps exceed %" and caulking not recorrurended. Capping uray cause future leaks. . In general, rvood is brittle. Linear cracks observed over majority ofstructure. o (3) additions added to house used non-nratching siding to the original. Front Elevation . Siding lvithin covered porch is about all that is salvageable o Missing siding above porch roof . Buurp out need full rvall replacement o Behind all existing shutters danmged Right Elevation . Entire bay needs replaced: cracked boards and nrissing siding . Replace all sidirrg on "addition"; has non-nratching siding . Rernove siding above addition roofto reflash o Replace sidillg on entire baDd . Behind all existing shutters danraged Rear Elevation

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Replace all siding on "shed"l has non-nratching siding Replace sidirrg above shed: non-nratching siding Outer edges oftrvo story rvalls damaged all the way up Full rvall damaged behind pipe Replace siding on eulire band Bel nd all existing shutters damaged

Lefi Elevation

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Fullrvall damaged behind pipe Full rvall of cupped/damaged siding Cracked/damaged outer edges all the way up Replace siding on entire bartd Behind all existing shutters datnaged

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Updated Contractor's Statement Including Windows and Trim

TOTAL HOME IMPROVEMENTS, INC. Marn Offrce.4033 George Washrngton Memonal Hwy . yo.L1o*n, VA 23692 Pre-Constructron Office;3630 George Washrngton Memonal Hwy . yorL,o*n, rO 23692 477-2212 . Fax 877-2861totalhomelm provements com Lrcense

Estrmator

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Matt

Stuffel Class A

Contractor

Classtfrcatton Burlder

Dare. !2/02/2OL9

SUBMITTED TO,

Job Address

Ben Clay

Same

13O Brewer Ave

Suffolk, VA 23434 Pnmary Phone.

7 51 -7

39-LO23

Overall evaluation of the dental block and moldrng.

The malontyofall dental moldrng and block ts rotten or falltng off the home There are even sectrons where the dental blocks are mrssrng

To properly rnstallthe water vapor barrrer behrnd the srdrng, all to be removed all the way up to the understde of the gutter

The dental block and moldrng wtll be replaced wrth a Hardr brand matenal Thrs wrll ensure that It wrll not rot agarn Thesrzesof the moldrng and dental block can be matched to the extstrng

ofthe moldrng and srdrng needs

srze and shape

Overall evaluatron of the wrndow frames and wrndows When dorng the srdrng, you would need to remove the wtndow tflm to properly tnstall the water vaporbarner Upon removal of the wrndow tnm, there rs a very hrgh chance that they wrll be unsalvageable due to the age and wood rot We would replace with a Hardi matenal that matches the same wrdth and stze, you would not be able to tell the dtfference from the street We would also recommend replacrng the wrndows as

well There are many that have rotten

frames that cannot be replaced We suggest usrng an rnsulated, vrnyl frame wrndow Thrs wrll help wrth the energy loss from the house and rs marntenance free

Wrndow ReDlacement wlndows.

1. 2. 3. 4. 5 6 7 8. 9.

numbers match the chart provrded Wrndowglazrng needs redone on all

Not replacrng

Not replactng Not replacing Not replactng Not replacrng Not replacrng

Rotten sill and part of the lower sash frame is rotten. Does not open. Upper frame rs rotten and pulled apart Upper glass ts not glass, tt ts plexrglass. Frames are tn rough shape and seem to be sound. 10. Srll rs rotten and lower sash frame ts rotten. 11 Does not open, warped frame Upper and lower sash frame is pulling apart. 12. Does not open, warped frame. Upper and sash frame ts pullrng apart.

13. Upper and lower sash

rotten. Upper and lower glass

rs plexrglass

Does not open, warped frame. Upper glass is plexrglass

15. Not replacing

16 Rotten sash frame. 17 Rotten sash frame L8, Does not open, warped frame Upper sash Not replactng Not replactng Not replacing

19. 20. 21. 22. 23. 24. 25. 26.

pulling part.

Not replacing Not replacing Rotten srll and lower frame Rotten silland lower frame Upper and lower sash rs pulling apart Lower sash ls pulltng apart

28. Lower sash

pulltng apart

Upper sash rs pulIng apart 30. Not replacrng

31. Not replacrng Sill rs rotten 33. Sill is rotten. Bottom sash frame is rotten 34. Upper sash rs rotten 35 Upper sash rs rotten and lower sash rs pullrng apart

Ooes not open, warped frames

37. Rotten srll and sash frame 38. Lower sash rs pulltng apart 39. Lower sash rs pulhng apart

Lower sash rs pullrng apart

41. Upper and lower sash frames 42. Upper and lower sash frames 43 Upperand lowersashframes 44. Upper and lower sash frames 45. Upper and lower sash frames

46 47

are rotten. Center drvrder

rotten

are rotten Center drvrder rs rotten are rotten Center drvlder rs rotten are rotten. Center drvlder ls rotten are rotten. Center drvrder rs rotten

Upper and lower sash frames are rotten Upper and lower sash frames are rotten 48. Upper and lower sash frames are rotten. 49. Upper and lower sash frames are rotten. 50 Upper and lower sash frames are rotten 51 Upper and lower sash frames are rotten

rotten Center divide s rotten Center divrder rs rotten Center drvrder ts rotten Center drvrder ts rotten Center dtvtder ts rotten Upperand lowersash frames are rotten Centerdlvtder ts rotten Center drvrder

52 53 Lower sash ,s rotten 54 Broken glass. Upper

and lower sash rotten. glass plexrglass 55. Upper rs Frame rs pulltng apart

56. Upper and lower sash frame

pullng apart

57 Srll rs rotten. 58 Upper sash rs rotten 59 Upper sash rs pulltng apart 60 Upper and lower sash rs pullrng apart. 61 Upper and lower sash frame ls rotten. 62. Upper and lower sash frame

rotten.

rs pullrng apart, pretty much every ttme, that means that the frame has some rot to where the roints do not stay together anymore lf that has happened, there ts no way to

When the sash frame rn the frame

repair the frame, rt must be replaced lf the sash frame

rotten, that means that wtndow tnm

also rotten and needs replaced.

When the sash frame rs rotten, rf you try to replace that prece of rotten frame, you wrll damage the

connecflng frame and most likely break the old glass when tryrng to remove it. our recommendatron to replace the wrndows that have rot, lf parts of the wrndow have rot, that rndrcates that there are other unseen parts of the wrndow that also has rot.

Dental Moldrns and Blocks Front of the house

approxrmately 9O% of the moldtng

Right srde of house

approxrmately 78% of the molding is rotten, falling off, or is mtssing

Rear srde of house

Approxrmately 70% of the moldrng

Left srde of the house

approxrmately 75% of the moldrng

rotten, fallrng off, or

rs mrssrng

rotten, fallrng off, or mrssrng.

rotten, falltng off, or mtssrng.

The replacement material will be a Hardr moldrng and dental block that wrll match the extsttng herght and wrdth of each part. The moldrng wrll have to be removed rn order to install the water vapor bar er

when tnstallrng the new srdrng, Srnce there

so much of the dental moldrng and block that rs rotten or

to believe that when we remove what able to be removed and salvaged due to rot mrssing, that would lead us

on the home currently, it wrll not be

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GITY OF SUFFOLK 442 WWASHINGTON STREET, P O BOX 1858, SUFFOLK, VIRGINIA 23439-1858 pHoNE (7s7) 514-4060 FAX (757) 514-4099

DEPARTMENTOF PLANNING & COII4MUNITY DEVELOPMENT

Drvtaon of Plannmg

January 13, 2020

Mr. Ben Clay 130 Brewer Avenue Suffolk, VA 23434

RE:

Requestfor CertiJicate of Appropriateness, HLC20I9-00038, 130 Brewer Avenue, Zoning Mttp 34G17, Block (2), Porcel B*18*19*20.

Dear Mr. CIay:

This letter is to inform you that your request for a Certificate of Appropriater.ress for the installation of new siding, dental boards, molding, comice, modillions, pilasters, and window trim and the restoration and replacement ofcertain windows located at 1 30 Brewer Avenue has been apploved by the Historic Landmarks Commission (HLC) at their meeting on January 9, 2020, subject to the following conditions:

2. 3. 4. 5. 6.

Replacement of the existing siding, dental boalds, molding, cornice, modillions, pilasters, and window trim with Hardie Plank material that matches the existing in size, detail, and exposure. The lepair of the existing windows that can be repaired.

Replacement of front elevation windows that cannot be repaired with wood windows that match the existing in matelial, size, configuration, detail, and exposule. Replacement of the windows on the noflh, south, and rear elevations that cannot be repaired with vinyl clad windows that match the existing in size, configuration,

detail, and exposure. No additional exterior improvements shall be permitted without the issuance ofa sepalate Certifi cate of Appropriateness. AII required pemits shall be obtained fiom the City of Suffolk prior to commencement of work.

ofa Certificate of Appropriateness does not constitute approval of construction plans. All conslruction is subject to review by the City of Suffolk's Depaltment of Planning and Community Development, Building and Zoning Divisions, and all required permits must be obtained prior to commencement of work, For furlhei information, please contact them at (757) 514-4150. Please note that receipt

HLC20t9-00038 130 Btcwer Avenue

January 13, 2020 Page 2

Please note that, as an applicant to the Histolic Landmarks Commission, you may appeal the HLC's determination to City Council in accordance with Section 31-413(i) of the City of Suffolk's Unified Development Ordir.rance, which leads as follows:

Any applicant may appeal the deciuon of lhe Hrslortc Landmarlts Contmission, tn refuung to granl Certifcotes of Appropndteness, lo the Cily Councrl and fi"onr Council lo Ciraut Cotnl An appec musl be filed u,rthm 30 dq,s f'ont the trme a deciston ts rendered by the Historic Landntarks Comntission or City Council The Ctq) Council shall fix cr reasonable time for the hearing on the appeal ond gne ptrblic nolice thereof cts required by the Zomng Ordmance dnd decide lhe same vuthm 60 days In exercising its powers, the City Council ma)t, in confomltry with the provisions oflhs Ordrnance, ret,erse or afirnt, ultolly or partly, or malt moi1fit qny order, rcqurenlen| decision or determination appealed fi"ont and make such order, reqtnrement, decision or determinoliott cts olrght to be made ond, to thal end, shall have all the powers of the HLC The AAt Counctl shall consult \yrtlt the HLC tn rclalrcn to an), appetl and ntay require documentalion ofany HLC decision prior to hedring the appecl The AQ Council malt affrm, retterse or modifit the HLC decisron and shall notify the Admmtstrator of its action. Any adt erse decisions made by the Historic Landmarks Contmission prior to the date this Ordmance rs adopted mq, be appealed by the applrcant wtthm thn'ty (30) days after the effective date of tltrs Ordinance Thefling of the said petition shall stay the decision of the Cily Cotrncil penchng the outcome of the appeal to the CtrcurtCourl Tlte court malt reverse or modifi, lhe decision of the City Council, in whole or part, if itfinds upon reviev, that the deaston of the goterrung body ts contraDl to lau, ot. thctt tts deqston rc arbtrary and constitutes an obuse ofdiscretion It may affirm the decision of tlte City Council

If you have any questions conceming this action or rcquire any additional information regarding youl application, please do not hesitate to contact me at kwyne@suffolkva.us or (7s7) s14-406s. Sincerely,

F (r*-a:"-lKevin M. Wyne, AICP Cru'rent Plan-ning Manager Enclosures

[evin M Wyne From: Sent: To:

Subject:

Ben Clay <ben@shineva.com> Sunday, February 09,2020 1:30 AM

Kevin M Wyne Re:Approval Dispute

I did not receive the packet in the mail until the 18th that listed what the board approved and their stipulations. Regardless,

I want to challenge the decision fol apploval of wooden and vinyl clad windows.

Vjnly clad windows ale loughly 2.5 times more expensive then vinyl windows. The board wanted vinyl clad windows because they say that it adds depth and character and replicates the older windows best.. My windows are flat and do not have any bevels or layers, except the curues pieces undel each comer of the top sash, which no one can duplicate. Vinyl clad also do not last as long as clad windows due to the wood being wrapped in vinyl and that small caulk line weals over time. This was talked about during my first application. This allows for water to rot out the wood interior of the vinly clad windows. The wooden windows ale 4.5 times rnore expensive then the cost of a tladitional vinyl window.

I also want to use vinyl windows because there are more then 6 homes ok my street that have vinyl windows and not vinyl clad windows. These windows were installed within the past 8 years. To sum it up, I want to install vinyl windows on my entire house due to cost, longevity of the material, vinyl best matches my existing windows, not clad, and the use of vinly windows have been used on my street on more then 6 homes.

I will be back fi'om my honeymoon the 1Oth at 7pm. You can reach me tll'ough email until then. On Tue, Feb 4, 2020,10:56 PM Kevin M Wyne <kwyne@suftblkva.us) wrote:

Hi Mr'. Clay,

You have 30 days from the date of the decision, meaning you have until Febluary

I(evin

I(evin M. W5me, AICP Current Planning Manager City of Suffolk

9th.

WI N DOW EN ERGY SAVI NGs AN D PAYBAfiS Adding a storm Replacing a single-pane window over a historic window with maintained single-pane a double-pane thermal window historic window

Replacing a single-pane Replacing a single-pane historic historic window that has window that has a storm windorv no storm window rvith a with a Low-e glass double-pane Low-e glass double-pane thermal replacement

thermal Average initial (ost per $50 (ifjust adding window)

a storm

$4s0

$ss0

722,2t8 Btu

625,922Btu

902,772

$13.20

4.5 years

40.5 years

$sso

window

Bti

132,407

Btu

ir I

$2.29

34 years

240 years $5so/$2.2s

A 3 foot -by- 5 lbot window is the size used to rnake the calculations

Assumes cooling/heating

$s0/$l 3.20

$4s0l$ l 1.07

$ss0/$

100+years

10-20 years

L0-20 years

Little to none beyond the

The original historic window ends

added embodied energy to make the storm window.

up in a landfill. The embodied

The original historic window ends up in a landfill. The embodied

energy to make the new window should is added to the embodied energy of the existing window that is now trash.

The original historic window and storm window ends up in a landfill. The embodied energy to make the new window should is added to the embodied energy of the existing window that is now

therm

$ 16. 10

r.97

S1.09/

Suggests that the window has been properly maintained and

needs minimal repairs.

Does not include additional savings if weatherstripping would be applied

Cannot make repairs on these windows. If glass breaks, you have to replace

the whole window. Not feesible to recoup money (wont last long enough to pay themselves off)

I 6.1 0

Cannot make repairs on these windows. If glass breaks, you have to replace

the whole window Not feesible to recoup money (wont last long enough to pay themselves off)

trash.

. .

Cannot make repairs on these windows. if glass breaks, you have to replace the whole window. Not feesible to recoup money (wont last long enough to pay themselves

off)

AGENDA:

June 17,2020, Regular Session

ITEM:

Public Hearing-An ordinance vacating and abandoning portions of Maple Street, Appleton Avenue, Walnut Street, and Mulberry Street, otherwise generally identified as being those portions of streets located between Warwick Street and Madison Avenue, East of Factory Street, STV2019-001

Attached for your consideration is information pertaining to Street Vacation Request, STV2019001, (Maple Street, Appleton Avenue, Walnut Street, and Mulberry Street): submitted by J. Witt Harper, Esq., Saunders & Ojeda, P.C., applicant, on behalf of George Birdsong, Birdsong Corporation and Birdco Energy, property owners, to vacate a segment of Maple Street, Appleton Avenue, Walnut Street, and Mulberry Street located between Warwick Street and Madison Avenue. The affected area is contiguous to property located at 645 Madison Avenue, 3 10 Factory Street, and 304 Mulberry Street, ZorungMap 34G29(A), Parcel *l*2+, ZorungMap 34G29(2), Parcel A, and Zoning Map 34G25(2), Parcel 35*2, respectively. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned M-2, Heavy Industrial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District.

ATTACHMENTS: Staff Report General Location Map Zorlng lLand Use Map Proposed Ordinance

ExhibitA-PropertyMap Exhibit B

Boundary Survey

STAFF RE,PORT DESCRIPTION STREET VACATION REOUEST: Street Vacation Request, STV2019-001, submitted by J. Witt Harper, of Saunders and Ojeda, P.C., applicant(s), on the behalf of Birdsong Corporation aad Birdco Energy, property owner(s), to vacate a segment of Maple Street, Appleton Avenue, Walnut Street, and Mulberry Street located between Warwick Street and Madison Avenue.

APPLICANT:

J. Wift Harper, of Saunders and Ojecla, P.C., applicant(s), on the behalf of Birdsong Corporation and Birdco Energy.

LOCATION: The subject area is located

between Warwick Street and Madison Avenue, east

Factory Sheet.

PRESENT ZONING: The abutting properties are zor,ed M-2, Heary lndustrial, RLM, Residential Low-Medium Density, and RM, Residential Medium Density zoning districts.

EXISTING LAND USE: The subject portions of Maple Street, Appleton Avenue, Walnut

Street,

and Mulberry are undeveloped.

SIJRROUITIDING LAND USES; The portion of Mulberry Street to be vacated is adjacent to two lots used residentially and a large industrial lot. Neither of the adjacent residences obtain their access from Mulberry Skeet. Maple Street, Appleton Avenue, and Walnut Street are all undeveloped, interior streets surrounded by M-2, Healy Industrial Uses.

PROPOSED LAND USE: The applicant proposes to vacate a portion of Maple Street, Appleton Avenue, Walnut Street, and Mulberry Street in order to allow these portions of property to be developed as part ofthe Birdsong development.

COMPREIIENSIVE PLAN: The City's 2035 Comprehensive Plan indicates this area is part the Central Growth Area, Core Support Use District.

CIIESAPEAKE BAY PRESERVATION AREA DESIGNATION: The proposed street vacation is located within a Chesapeake Bay Preservation Area Overlay District, and is designated as an Intensely Developed Area (IDA).

PUBLIC NOTICE: The request has been duly advertised in accordance with the public notice requirements set forth in Section 15.2-2204 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance. Notice to the applicant, containing a copy of the staff report, was also send on June 12, 2020 .

STAFT'ANALYSIS ISSUE: The applicant is requesting to vacate portions of righlof-way known as Maple Street, Appleton

City Council J:une 17,2020 sTV2019-0001 Page 2

of3

Avenue, Wahut Street, and Mulberry Street. The purpose of the vacations is to allow Birdsong Corporation and Birdco Energy to consolidate property it owns on eitler side of the aforementioned streets and continue expansion of tle Birdsong development.

CONSIDERATIONS AND CONCLUSIONS: 1.

The applicant is proposing to vacate undeveloped portions ofthe Maple Street, Appleton Avenue, Walnut Street, and Mulberry Street rights-of-way to expand the Birdsong development. The applicant also requests the Maple Street, Appleton Avenue, and Walnut Street vacated rights-of-way be conveyed to the Birdco Energy via quitclaim deed. Furthermore, the applicant requests the Mulberry Street right-of-way be conveyed to Birdsong Corporation via quitclaim deed.

The portion ofthe Mulberry Street righlof-way proposed to be vacated is currently an r.rndeveloped street beginning at Madison Avenue and endhg on the property owned by Birdsong Corporation, Tax Map 34G29(2)* A. This portion of Mulberry Street provides access to the Birdsong development. A small segment of Mulberry Streot that is not subject to this request shall continue to remain in place as a public right-of-way. As such, the street vacatiotr should not create any negative impacts to the City of Suffolk road system or any adjoining properties. The portion of the Maple Street, Appleton Avenue, and Walnut Street rights-of-way proposed to be vacated are currently undeveloped streets beginning at Madison Avenue and ending on the property owned by Birdco Energy, Tax Map 34G29(2)* l*2+. These streets are interior streets that were never developed and, as such, the street vacations should not create any negative impacts to the City of Suffolk road system or any adjoining properties

The Department ofPublic Utilities has indicated that there are currently no existing City water or sewer lines within the areas of the existing right-of-way

Section 15.2-2006 ofthe Code of Virginia allows that, "When an applicant requests a vacation to accommodate expansion or development ofan existing or proposed business, the goveming body may condition the vacation upon commencement of the expansion or development within a specified period of time. Failing to commence within such time may render the vacation, at the option of the goveming body, void. A Certifred copy of the ordinance of vacation sha1l be recorded as deeds are recorded and indexed in the name ofthe locality. A conditional vacation sha11 not be recorded until the condition has been met".

RECOMMENDATION: The proposed street vacation is in compliance with the standards of the Unifred Development Ordinance and the Code of Virginia and is consistent with the 2035 Comprehensive P1an, which designates this area as part of the Central Grotth Area with a Core Support Use District. Therefore, staff recommends approval of this street vacation request subject to the following condition:

1. A final subdivision plat to combine

the properties owned by the Birdsong Corporation

City Council J'une 17

,2020

sTv2019-0001 Page 3

of3 and Birdco Energy

will

be required for the review, approval, and recordation.

Attachments:

o o . r o .

StaffReport General Location Map Zollirng I Laad Use Map Proposed Ordinance Exhibit A - Property Map

Exhibit B

Boundary Swvey

GENERAL LOGATION MAP sTV2019-001

User Name: bsmith Dale:11/1t2019

ZONING / LAND USE MAP sTV201 9-001

Uet Nam: bgnlh Dde: YEl2020

ORDINANCE NUMBER

AI\ ORDINANCE VACATING AND ABANDONING PORTIONS OF MAPLE STREET, APPLETON A\TENUE, WALNUT STREET, AND MTTLBERRY STREET, OTIII'PY4SE GENERALLY IDENTTFIED AS BEING THOSE PORTIONS OF STREETS LOCATED BETWEEN WARWICK STREET AND MADTSON AYENUE, EAST OF FACTORY STREET, STV2019-001 WHEREAS, pursuant to Section 15.2-2006 of the Code of Virginia (1950), as amended, a public hearing was held on June 17, 2020 concerning the vacation of Maple Street, Appleton Avenue, Walnut Street, and Mulberry Street located between Warwick Street and Madison Avenue, after due notice to the public and affected land owners.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: 1.

Exhibit A, "Property Map" and Exhibit B, "Boundary Survey", which are attached hereto, are hereby incorporated as part ofthis ordinance.

Section 2.

Upon consideration of the evidence, Council furds that no inconvenience will result from the vacation of those portions of Maple Street, Appleton Avenue, Walnut Street, and Mulberry Street as shown on Exhibit B.

Section 3.

Those portions of Maple Street, Appleton Avenue, Walnut Street, and Mulberry Street, as depicted in Exhibit B, are hereby conditionally vacated subject to the following condition:

Section

1. A final subdivision plat to combine

the properties owned by the Birdsong Corporation and Birdco Energy, respectively, will be required for the review, approval, and recordation.

Section 4.

Upon the satisfaction of the above conditions and the recordation of this ordinance, the interest of the City of Suffolk, if any, to those portions of Maple Street, Appleton Avenue, Walnut Street, and Mulberry Street which are hereby vacated shall cease and the ownership of said portions of Maple Street, Appleton Avenue, Walnut Steet, and Mulberry Steet shall vest as provided by law.

BE IT FURTHER ORDAINED that 1ffi5 sldinance shall be effective upon passage and shall not be published.

READ AND PASSED: TESTE:

Erika S. Dawley, City Clerk

Helivi L. Holland, City Attorney

EXHIBIT A

PROPERTY MAP sTV2019-001

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AGENDA:

Jvrc 11,2020 Regular Session

ITEM:

Public Ilearing - An ordinance to authorize a quitclaim deed between the City of Suffolk and Birdco Energy for portions of Maple Street, Appleton Avenue, and Walrrui Street, pel6ining to Street Vacation Request STV2019-001

Presented

for your consideration is an ordinance authorizing a quitclaim deed conveying

portion of Maple Street, Appleton Avenue, and Walnut Street and pertaiaing to Steet Vacation Request STV2019-001, also on today's agenda.

RECOMMENDATION: Staff recommsnds approval ofthe attached ordinance.

ATTACHMENTS: Property Map Proposed Ordinance Exhibit A - Proposed Quitclaim Deed

PROPERTY MAP STV2O19.OO1 MAPLE STREET/APPLETON AVEN U EAA/ALN UT

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User Name: bsmilh Ddte: 3/5/2020

--.tFh-A&

ORDINANCE NUMBER

AN ORDINANCE TO AUTHORIZE A QTIITCLAIM DEED BETWEEN THE CITY OF SUFFOLK A}[D BIRDCO ENERGY FOR PORTIONS OF MAPLE STREET, APPLETON AVENUE, AND WALNUT STREET, PERTATNTNG TO STREET VACATION REQUEST STV2019-001

WHEREAS, on June 17,2020, the Council of the City of Suffolk, Virginia held a public hearing concerning Street Vacation Request STV2019-001 and approved the vacation of portions of Maple Street, Appleton Avenue, and Walnut Street; and hat the City relinquish any rights it may have to WHEREAS, the applicant has said streets to the owner of the contiguous properties to the east and west by the execution of a quitclaim deed between the City of Suffolk and Birdco Energy, said quitclaim deed attached hereto as Exhibit A; and,

WHEREAS, he City Council held a public hearing on June 17, 2020 to consider the request to execute a quitclaim deed in reference to the previously vacated streets.

NOW,

I{EREFORE, BE

ORDAINED by the Council of the City

Suffolk,

Virginia, that: The City Council hereby authorizes the execution of a quitclaim deed in substantially the same form as the attached, relinquishing whatever rights it may have to the previously vacated streets as referenced in Exhibit'.A". Section

The City Manager is authorized to execute the quitclaim deed and all necessary documents as evidence of the City's conveyance.

BE IT FIIRTIIER ORDAINED that this ordinance shall be effective upon its passage and shall not be published. READ AND PASSED: TESTE:

Erika S. Dawley, City Clerk

Holland, City Attorney

EXHIBIT A

Prepared by and Return to: J. Witt Harper, VSB#88898 Saunders

& Ojeda, P.C.

705 West Washington St.

Suffolk, VA 23434 Tax Account Number 352251000 The title insurance undenvriter is unknorvn to the preparer.

THIS QUITCI-AIM DEED

is made as of the

day of

2020, by and

benveen@Gmntof,Partyofthefir.stpar.t;andBIRDCo ENERGY INC., a Texas corporation, Grantee, rvhose mailing

addtess is 1999 Bryan Sheet, Suite

-, 900, Dallas, Texas 75201

r*l#r \VITNESSETH:

***

Those certain undeveloped sueets knorvn as Appleton Ar.enue and Walnut Avenue and that undeveloped stteet and 50' right-of-way knorv as IvIapIe Street Iocated on the property known in the City of Suffolk Assessois office as Ta:i ?arcel 34G29(A)*1*2* as shown on the attached 'Bxhibit A". A copy of the Deed and Plat tefetences are tecotded in the Cler*'s Of6ce ofdre Circuit Coutt ofthe City of Suffolk as DB 11, page 547 (PB 1, PG 99), DB 17, Page 413 (PB 2, PG 97), DB17, Page 411 (PB 2, PG 97) and DB 42, Page 478 (?B 3, PG 119), reference to rvhich .is hereby made for a more accurate description of the said pfoPefty. This conveyance is made expressly subject to the restrictions, conditions, rights ofways and

easements,

any contained

in the instruments constituting

the chain

of tide to the ptoperry

cofire),ed herein, and to matters'r,isible upon inspection.

WITNESS the following signatute(s) and seal(s): CITY OF SUFFOLK, VIRGINiA

BY: CITY \,IT\NAGER Attest:

of{ 0s'

City Clerk Apptoved as to Form:

City Attorney

-(SEAL)

OIVIMONWEAITH OF VIRGINIA,

CITY OF SUFFOLK, to-wit: a

Notary Public in and for the City and State aforesaid, do Ciw

heteby certiS that

Manaser-

Cih. Attornev

City Cletk, rvhose names are signed to the foregoing rvritiog beating date on the

_day of

, 2020,hate acknorvledged the same before me this

day of

My commission expires Notary Registranon #-

-,2020. NOTARY PUBLIC lsEALl

AGEIIDA:

June 17,2020 Regular Session

ITEM:

Public Hearing - A:l ordinance to authorize a quitclaim deed between the City of Suffolk and Birdsong Corporation for a portion of Mulberry Street pertaining to Street Vacation Request STV2019-001

Presented for your consideration is an ordinance authorizing a quitclaim deed conveying a portion of Muiberry Street and pertaining to Sfreet Vacation Request, STV2019-001, also on today's agenda.

RECOMMENIDATION: Staff recommends approval ofthe attached ordinance.

ATTACHMENTS: Prcperty Map Proposed Ordinance Exhibit A - Proposed Quitclaim Deed

PROPERTY MAP STV2O19.OO1 MULBERRY STREET

-*-,: -\ \'-^ ]--.

-\\"-

]--""

F Ussr l'Jamgi Dsmflh Dale: 3/1 212020

ORDINANCE NUMBER

AN OR.DINAI\CE TO AUTHORTZE A QTIITCLAIM DEED BETWEEN THE CITY OF STIFFOLK AND BIRDSONG CORPORATION FOR A PORTION OF' MULBERRY STREET PERTAINING TO STREET VACATTON REQUEST SW2019-001 WHEREAS, on June 17,2020, the Council of the City of Suffolk, Virginia held a public hearing concerning Street Vacation Request STV2019-001 and approved the vacation of a portion of Mulberry Sfreet; and WHEREAS, the applicant has requested that the City relinquish any rights it may have to said street to the owner of the contiguous properties to the east and west by the execution of a quitclaim deed between the City of Suffolk and the Birdsong Corporation, said quitclaim deed attached hereto as Exhibit A; and,

WHEREAS, the City Council held a public hearing on June 17, 2020 to consider the request to execute a quitclaim deed in reference to the previously vacated street

NOW, TI{EREFORE, BE

IT ORDAINED by the Council of the City of

Suffolk,

Virginia, that: Section

The City Council hereby authorizes the execution of a quitclaim deed in substantially the same form as the attached, relinquishing whatever rights it may have to the previously vacated street as referenced in Exhibit "A".

Section

The City Manager is authorized to execute the quitclaim deed and all necessary documents as evidence of the City's conveyance.

BE IT FURTIIER ORDAINED that this ordinance shall be effective upon passage and shall not be published.

READ AND PASSED: TESTE:

Erika S. Dawley, City Clerk

EXHIBIT A

Preparetl by anil Return to: J. Witl Ilaryer, VSB#88898 Sauuders & Ojeda, P.C. 705 West Washington St. Suffolk, VA ?3434 Tax Account Number 354000338, 351409000 ihe title insurance undetrvt'itcr is unltnorvn to the prcparer.

THIS QUITCLAIM DEED betrveel CITY OF SUFFOLK.

is made as of tlte ---a day of

VIRGINIA aa

(fi,

2020, by and

o, U," ,or,

nr*, "nd BIRDSONG

-, ffi,"'i,sl,l..",n",3$P*"sctnailirrgaddr.essis612NIadisonAverrug WITNESSETH: It'hat for and in considerat.ion of the sutn of One Dollar $1.00), cash in hand paid, dre teceipt ofrvhich is heteby acknorvledged by dre party of dre fust patt, the said party of dre first patt does hereby qurtclaim, telease aod com,e)'unto

dsong Corporation,

Vitgirria coq>oration, ar:y

and all dghq dde and intetest it rnay possess in and to dre follorving dcsctibed real estate, to-rvit:

That cettain 50 foot pottion oflr{ulierry Streetabutting the property conveyed to Birdsong Corporation by deed tecotded on June 18, 2018, frour Loretta Cargille and Andtea Abdullah and recorded as ilstrument nurnber 1800006301 as shorvn on thc attached "Exhibit A", a copy of dre Deed reference is r,ecorded in the CletlCs Office of dre Circuit Coult of the Ciq, of Suffolk as instruflent numbers 1800006301, refetence to rvhich is hereby tnade for a n:orc accuate desctiption of the said ptoperty. This conveyauce is rnade expressly subject to dre testrictions, conditions, tights ofwal's ensements,

any co0tained

ilr the instruments constih:tiflg the.chail of title to the

conve),ed hereiu, and to mattets visible upon inspection.

xni

ProPerqt

WITNESS dre follow.ing signature(s) and seal(s):

CITY OF SUFFOLK VIRGINIA

BY:

d CITYMANAGER

City C1erk Apptoved as to Form:

-(SEAL)

City Attorney

COMMONWEALTH OF VIRGINIA, C1TY OF SUFFOLI( to-rvit:

a Notary Public

hereby

ceti$

Ciw

drat

in and fot thc City and State aforesaid, do

lvlanaser.

. Cih, Atto.tnev

Ciq, Cler{r, rvhose names are signed to dre fotegoi.ng rvriting bearing date on the dav

2020, have adroorvledged dre sane befote

of-day

.2020.

IvIy conlnission expires

Notary Registration -

NOTARYPUBLIC [sEAL]

rni dris

AGENDA:

June 17, 2020 Regular Session

ITEM:

Public Hearing - An ordinance vacating and aband6ning a portion of Mill Street, otherwise generally identifred as being that portion of Miil Street located east of County Skeet and between Van Buren Avenue and Mill Street, STV2019-002

Attached for your consideration is information pertaining to Street Vacation Request, STV2019002, Mi1l Steet, submitted by J. Witt Harper, Esq., Saunders & Ojeda, P.C., applicant, on behalf of George Birdsong, Birdsong Corporation, propefty owner, to vacate a segment of Mill Street located east of County Street and between Van Buren Avenue and Miil Street. The affected area is contiguous to property located at 426 Counly Street, Zoning Map 34G29(1), Parcel I2ik2*78+7C. The affected area is further identified as being located in the Whaleyville Voting Borough, zored,M-2, Heavy Industrial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District.

ATTACHMENTS: Staff Report General Location Map Zoning / Land Use Map Proposed Ordinance

ExhibitA-ProperryMap Exhibit B :Exhibit of Tax PaJcel 34G25(2)ll* 1THRUSA and 34G29(t)t2*2*78*7C

STAFF RE,PORT DESCRIPTION STREET VACATION REOTIEST: Street Vacation Request, STV2019-002, submitted by J. Witt Harper, of Saunders and Ojeda, P.C., applicant(s), on the behalf of Bkdsong Corporation, property owner(s), to vacate a portion of Mill Street located east of County Street and between Van Buren Avenue and Mi11 Sheet.

AIPLICANT: J. Witt Harper, of

Saunders and Ojed4 P.C., applicant(s), on the behalf

Birdsong Corporation.

LOCATION: The and Mill Street.

subject area is located east of Courrty Street and between Van Buren Avenue

PREStrNT ZONING: The abutting properties are zoned M-2, Heavy Industrial Zoning Districts.

E)ilSTING LAND USE: The subject portion of Mill Street to be vacated is currently undeveloped.

SIIRRO[INDING LAND USES: The portion of Mill Street proposed to be vacated is adjacent to vacant properties owned by the applicant and a 100' right-of-way owned by Norfolk Southem Railway.

PROPOSED LAND USE: The applicant proposes to vacate a portion of the Mill Street righlofway in order to allow the portion of property to be developed as part of the Birdsong development.

COMPREIIENSIVE PLAII: The City's 2035 Comorehensive Plaa indicates this the Central Growth Area, Core Support Use District.

area is part

Cffi,SAPEAKE BAY PRESERVATION AREA DESIGNATION: The proposed street vacation is located within a Chesapeake Bay Preservation Area Overiay District, and is designated as an Intensely Developed Area (IDA).

PUBLIC NOTICE: The request has been duly advertised in accordance with the public notice requirements set forth in Section 15.2-2204 of the Code of Virgi-nia, as amended, and with the applicable provisions of the Unified Development Ordinance. Notice to the applicant, s6ltaining a copy of tle staffreport, was also sent on June 72,2020. STAFFANALYSH ISSUE:

The applicant is requesting to vacate a portion of right-of-way known as Mi11 Sheet. The purpose ofthe vacation serves to a1low Birdsong Corporation to consolidate property it owns on either side of

Mill

Street and facilitates the future expansion of the Birdsong development.

City Council Jwrc 17,2020 sTV2019-002 Page 2 of 2

CONSIDERATIONS AND CONCLUSIONS: portion of Mill Street to expand Birdsong

The applicant is proposing to vacate development.

The applicant also requests the vacated right-of-way be conveyed to the Birdsong

Corporation via quitclaim deed.

The portion ofthe Mill Street right-of-way proposed to be vacated is currently an undeveloped street beginning at what was formerly Gloucester Road and ending at the Norfolk Southem Railway. This portion of Mili Street provides access to the Birdsong development. As such, the street vacation should not create any negative impacts to the City of Suffolk road system or any adjoining properties. The remaining portion of Mill Street, lying between County Street and Spruce Skeet, is not subject to this request and shal1

remail public right-of-way.

The Department of Public Utilities has indicated that there are currently no existing City water or sewer lines within the areas of the existing right-of-way

Section 15.2-2006 of the Code of Virginia ailows that, "When an applicant requests a vacation to accommodate expansion or development ofan existing or proposed business, the governing body may condition the vacation upon commencement of the expansion or development within a spssiflsal r.riod of time. Failing to commence within such time may render the vacation, at the option of the governing body, void. A Certified copy of the ordinance ofvacation shall be recorded as deeds are recorded and indexed in the name of the locality. A conditional vacation shali not be recorded until the condition has been mef '.

RECOMMENDATION: The proposed skeet vacation is in compliance with the standards of the Unified Development Ordinance and the Code of Virginia and is consistent with the 2035 Comprehensive Plan, which designates this area as part of the Central Growth Area with a Core Support Use District. Therefore, staff recommends approval of this street vacation request subject to the following condition:

1. A final subdivision plat to combire will

the properties owned by the Bhdsong Corporation be required for the review, approval, and recordation.

Attachments:

o . o . o .

StaffReport General Location Map Zoning I LattdUse Map Proposed Ordinance Exhibit A Property Map

Exhibit B-- Exhibit of Tax Parcel 34G25(2)11+ 1THRU8A and 34G29(1)12*2*'78*7C

GENERAL LOCATION MAP sTV2019-002

ZONING / LAND USE MAP

srv2019-002

I *

ORDINANCE NT]MBER

AN ORDINANCE VACATING AND ABANDONING A PORTION OF MILL STREET, OTHERWISE GENERALLY IDENTIF'MD AS BEING THAT PORTION OF NiIILL STRT,ET LOCATED EAST OF COUNTY STR.EET AND BETWEEN VAN BUREN AVENUE AND MrLL STREET, STV2019-002 WHEREAS, pursuant to Section 15.2-2006 of the Code of Virginia (1950), as amended, a public hearing was held on June 17, 2020 concerning the vacation of Mill Skeet located east of County Street and between Van Buren Avenue and Mill Street, after due notice to the public and affected land owners.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section

A, "Property Map" and Exhibit B, "Exhibit of Tax Parcei 34G25(2)11*1THRU8A and 34G29(l)12*2*78*7C", which are attached hereto, are hereby incorporated as part ofthis ordinance. Exhibit

Section 2.

Upon consideration of the evidence, Council finds that no inconvenience will result from that portion of Mill Street as shown on Exhibit B.

Section 3.

The portion of Mill Street, as depicted in Exhibit B, is hereby conditionally vacated subject to the following condition:

1. A final subdivision plat to combine Birdsong Corporation will recordation. Section

the properties owned by the be required for the review, approval, and

Upon the satisfaction of the above conditions and the recordation of this ordinance, the interest of the City of Suffolk, if any, to that portion of Mill Steet which is hereby vacated shall cease and the ownership of said portion of

Mill

Street shall vest as provided by law.

BE IT FURTHER ORDAINED that this ordinance shall be effective upon passage and shall not be published.

READ AND PASSED: TESTE: Erika S. Dawley, City Clerk

Helivi L. Holl

PROPERTY MAP sTV2019-002

l)ser Name: bsmilh Dale:3/5f2020

EXHIBIT A

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1. PROPtrT

.\t

MONUXilTS WffiE PRilOUSLY FOUNO OR

SHOWN.

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AGENDA:

June 17,2020 Regular Session

ITEM:

Public Ilearing - An ordinance to authorize a quitclaim deed between the City of Suffolk and Birdsong Corporation for a portion of Mill Street pertaining to Street Vacation Request STV20 I 9-002

Presented for your consideration is an ordinance authorizing a quitclaim deed conveying a portion of Mi11 Street and pertaining to Street Vacation Request STV2019-002, also on today's agenda.

RECOMMENDATION: Staff recommends approval of the attached ordinance.

ATTACHMENTS: Property Map Proposed Ordinance Exhibit A - Proposed Quitclaim Deed

PROPERTY MAP

srv2019-002

I User Name: bsmilh

Dale: Y92020

ORDINANCE NUMBER

ATI ORDINANCE TO AUTIIORIZE A QUITCLAIM DEED BETWEEN THE CITY OF SUFFOLK AND BIRDSONG CORPORATION FOR A PORTION OF' MILL STREET PERTAINING TO STREET VACATION REQUEST STV2019-002 WHEREAS, on June 17, 2020, the Council of the City of Suffolk head a public hearing conceming Street Vacation Request STV2019-002 and approved the vacation of a porlion of

Mill

Stueet; and,

WHEREAS, the applicant has requested that the City relinquish any rights it may have to said street to the owner of the contiguous properties to the east and west by the execution of a quitclaim deed between the City of Suffolk and the Birdsong Corporation, said quitclaim deed attached hereto as Exhibit A; and,

WHEREAS, the City Council held a public hearing on June 17, 2020 to consider the request to execute a quitclaim deed in reference to the previously vacated street.

NOW, THEREFORE, BE

IT ORDAINED by the Council of the City of

Suffolk,

Virginia, that: Section

Section

The City Manager is authorized to execute the quitclaim deed and all necessary docurnents as evidence ofthe City's conveyance.

BE IT FIIRTHER ORDAINED that this ordinance shall be effective upon its passage and shall not be published.

READ AND PASSED: TESTE: Erika S. Dawley, City Cierk

Helivi L. Holland, City Attorney

EXHIBIT

Prepaled by and Return to: J, Witi HaLpet, VSB#88898 SaundeLs & Ojeda, P.C.

705 West Washingtou St. Suffolt<, VA 23434

Tar Account Nurnber' 352489000 The title insurance under\u'itel is unl<rtorvn to the prepor.er,

'IHIS QUIICJ,AIM DEED hcnvcen

is mnde as of the

CI'IY OF SIIITFOLI(r YIRGIMA, (;ranror,

e8&tlORA'I'ION,

day of

ld'

.-----,

2020, by and

of rhc first parri and BIRDSONG

Virgirria corl>olntion,

2 \,[ad.is

on Avc r.rue,

Suffolk, Vr\ 23434.

'fhat for and in considcration of rhe sum of One I)ollar ($1.00), cash in hand paid, the rcceipt ofrvhich is hereby acknorvledged by the

putl,of thc first part, the said pn$y ofdre filst part

does heteby quitclaim, telease and convey utrto Bildsong Cotporation, a

Virgilia corporat.ion, any

aod all right, title and interest it rnay posscss iu ancl to the follorvhrg described real estate, to-rvir:

Tlrat certain ufldcvclopccl pottion of thrt

stT cet koowu ns Mill Strcet located rvithin thc pr,operry knorvr: in tbc Oity of Sr.rffolk ;\sscssor's c>fficc as lnxPnrccl 34G2t)(1)12*2478+7C ns shovn on the attrched "Exhibit r\ copy ofthe Deed and Plat references are tecotdcd in the Clerk's Office ofthc Circuit Coutt of thc Ciq' ofSuffolk as irstrumcrt runrbers 19001014.1, DB 24, pagc 539 (PI) d PG 9), teferrnce tolvhiclr is hercl>y mndc for a more acctrr:ate descril>tion oI the s d ptopctty.

4",

'I'his convq ance is tnade cxpressly subjr':ct to rlrc r:eseictiols, condidous, rights ofways aud eflsemenB,

nny coutained

ifl

tlre i[stlun:enrs constituting thc clraio

couveyed heteio, and to mnttcrs visible rpon itrspcctiou.

of tide to the

property

\fll'l'NtiSS the follol,inB signatur:c(s) and sc*l(s):

CTTY OF SU IIIToLI(,

VII{GINIA

ll\': CI'IY N{r\Nr\(il'iR

--(SI'jAL)

-a\ttes t:

Oiw Clctk Apptovcd as to Form:

Cig;\ttourey COMMON\flE/\LTH OF VIRGINIA,

CflY

O.F

SUFFOLI(, to-rvin

Notary Public in and fot tlre

Citl

ancl State aforcsaid, do

()ity lvlanager:,

heteby certi$ that

Ciq, A,,,,rt.,",

City Clctk, l,hose uanrts arc signctl to thc forel;oing rvriting bcaring

and

dfltc on

thc

dav

dal of

IVI)'

2020, havc acklorvledged the snrne befor:e me this

.2020,

cotlurission expircs

NotarLy Regisrration

NOT.\ltY PUBI-lC JSEi\Ll

AGEIIDA:

June 17, 2020 Regular Session

ITEM:

Public Hearing

An ordinance vacating and abandoning an unnamed alley,

otherwise generally identified as being that portion of umamed alley located north of Warwick Street and between Factory Street and Mulberry Street, STV2019-003

Attached for your consideration is information pertaining to Street Vacation Request, Sry2019003, Unnamed Alley, submitted by J. Witt Harper, Esq., Saunders & Ojeda, P.C., applicant, on behalf of George Birdsong, Birdsong Corporation, property owrer, to vacate a segment of an unnamed al1ey located between Factory Street and Mulberry Street. The affected area is contiguous to property located at 310 Factory Street, Zoning Map 34G29(2), Parcel A. The affected area is further identified as being located in the Whaleyville Vothg Borough, zoned M-2, Heary Industrial zoning district. The 2035 Comprehensive Plan designates this area as part ofthe Central Growth Area, Core Support Use District.

ATTACHMENTS: Staff Report General Location Map Zoning / Land Use Map Proposed Ordinance

ExhibitA-PropertyMap Exhibit B -- Exhibit Showing Area Proposed For Vacation

STAFF REPORT DESCRIPTION STREET VACATION REOUEST: S eet Vacation Request, STV2019-003, submitted by J. Witt Harper, of Saunders and Ojeda, P.C., applicant(s), on the behalf of Birdsong Corporation, property owner(s), to vacate an unnamed alley located between Factory Street and Mulberry Street.

AIPLICANT:

Witt Harper, of Saunders and Ojeda, P.C., applicant(s), on the behalf of Bidsong

Corporation.

LOCATION: The subject

area is located north of Warwick Street and between Factory Street and

Mulberry Street. PRESENT ZONING: The abutting properties are zoned M-2, Heavy Industrial Zoning Districts.

EXISTING LAND USE: The unnamed alley to be vacated is currently undeveloped. SURROUNDING LAlrlD USES: The portion of tle unnamed a1ley proposed to be vacated is adjacent to other induskial properties owned by the applicant and two parcels used residentially. PROPOSED LAND USE: The applicant proposes to vacate a portion of an unnamed alley in order to allow the portion ofproperty to be developed as part ofthe Birdsong development.

COMPREIIENSI\IE PLAN: The City's 2035 Comprehensive Plan indicates this area is part the Central Growth Area, Core Support Use District.

CHESAPEAI(E BAY PRESERVATION AREA DESIGNATION: The proposed street vacation is located within a Chesapeake Bay Preservation Area Overlay District, and is designated as an Intensely Developed Area (IDA).

PUBLIC NOTICE: The request has been duly advertised in accordance with the public notice requirements set forth in Section 15.2-2204 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance. Notice to the applicant, containirg a copy ofthe staffreport, was also sent on June 12,2020.

STAFF ANALYSIS ISSUE: The applicant is requesting to vacate a portion of an unnamed alley. The purpose of the vacation serves to al1ow Birdsong Corporation to consolidate property it owns on either side ofthe unnamed alley and facilitates the future expansion ofthe Birdsong development.

CONSIDERATIONS AND CONCLUSIONS:

The applicant is proposing to vacate a portion of an unnamed al1ey to expand Birdsong

development. 2. The applicant also requests the vacated portion of the unnamed alley be conveyed to the Birdsong Corporation via quitclaim deed. J.

The portion of the unnamed alley proposed to be vacated is currently undeveloped. The alley begins east ofthe building addressed as 100 Warwick Street and ends at the building addressed 5 16 Warwick Street. The proposed sEeet vacation should not create any negative impacts to the City of Suffolk road system nor any adjoining prope(ies. The remaining portion of the unnamed alley adjoining Tax Map 34G29(2) Patcels 9 and 10, is not subject to this request and sha1l remain an undeveloped and unnamed alley.

The Departnnent ofPublic Utilities has indicated that there are currently no existing City water or sewer lines within the areas of the ur:named alley.

Section 15.2-2006 ofthe Code of Virginia allows that, "When an applicant requests a vacation to accommodate expansion or development of an existing or proposed business, the governing body may condition the vacation upon commencement of the expansion or development within a specified period of time. Failing to commence within such time may render the vacation, at the option of the governing body, void. A Certified copy of the ordinance of vacation sha11 be recorded as deeds are recorded and indexed in the name of the locality. A conditional vacation shall not be recorded until the condition has been met".

RECOMMENDATION: The proposed street vacation is in compliance with the standards of the Unified Development Ordinance and the Code of Virginia and is consistent with the 2035 Comprehensive Plan, which designates this area as part of the Central Gro*th Area with a Core Support Use District. Therefore, staff recommends approval of this street vacation request subject to the following condition:

1. A final subdivision plat to combine will

the properties owned by the Birdsong Corporation be required for the review, approval, and recordation.

Attachments:

o . c o o r

Staff Report General Location Map ls1ing / Land Use Map Proposed Ordinance Exhibit A - Property Map Exhibit B Exhibit Showing Proposed A11ey Abandonment on Tax

arcel34G29Q)*

GENERAL LOCATION MAP sTV2019-003

Central Growth Area

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Usor Nafre: bsfrilh Dalo: lr/612019

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ZONING / LAND USE MAP sTV2019-003

UsB. Name: bsdilh Dalo:3/5n020

ORDINANCE NUMBER

ORDINANCE VACATING AND ABAIIDOIIING AN T]NNAMED ALLEY, OTHERWISE GENERALLY IDENTIF'IED AS BEING TIIAT

PORTION OF'AI\ TJNNAMED ALLEY LOCATED NORTH OF WARWICK STREET AI\D BETWEEN FACTORY STREET AIID MTJLBERRY STREET, srv2019-003

WHEREAS, pursuant to Section 15.2-2006 of the Code of Virginia (1950), as amended, a public hearing was held June 17, 2020 on the vacation of an Unnamed Alley located north of Warwick Street and between Factory Street and Mulberry Street, after due notice to the public and affected land owners.

NOW, TIIEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that:

Section

Exhibit A, "Property Map" and Exhibit B, "Exhibit Showing Proposed Alley Abandonment on Tax Parcel 34G29(2)*A", which are attached hereto, are hereby incorporated as part of this ordinance.

Section

Upon consideration of the evidence, Council finds that no inconvenience will result from the vacation of that portion of unnamed alley as shown on Exhibit B.

Section

The portion

of the unnamed alley, as depicted in Exhibit B, is

hereby

conditionally vacated subject to the following condition:

1. A final subdivision plat to combine

the properties owned by the

Birdsong Corporation will be required for the review, approval, and recordation. Section

Upon the satisfaction of the above conditions and the recordation of this ordinance, the interest of the City of Suffollq if any, to that portion of the unnamed alley which is hereby vacated shall cease and the ownership of said portion of the unnamed alley shall vest as provided by law.

BE IT FURTflER ORDAINED that this ordinance shall be effective uponpassage and shall not be published.

READ AND PASSED: TESTE:

Erika S. Dawley, City Clerk

L. Holland, City AttorneY

User Name: bsmilh

Dde:3/V2020

PROPERTY MAP sTV2019-003

EXHIBIT A

EXHIBIT B

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AGENDA:

June 17, 2020 Regular Session

ITEM:

Public Hearing - An ordinance to authorize a quitclaim deed between the City of Suffolk and Birdsong Corporation for a portion ofan unnamed alley pertaining to Street Vacation Request STV2019-003

for your consideration is an ordinance authorizing a quitclaim deed conveying a portion of the unnamed alley pertaining to Skeet Vacation Request STV2019-003, also on Presented

today's agenda.

RECOMMENDATION: Staff recommends approval of the attached ordinance.

ATTACHMENTS: Property Map Proposed Ordinance Exlibit Proposed Quitclaim Deed

PROPERTY MAP sTV2019-003

oRDTNANCE

tltiMBER =-

AN ORDINANCE TO AUTHORTZE A QUITCLAIM DEED BETWEEN THE CITY OF SUFFOLK AND BIRDSONG CORPORATION FOR A PORTION OF AI{ T]NNAMED ALLEY PERTAINING TO STREET VACATTON REQT EST STV2019-003 WHEREAS, on June 17,2020, the Council of the City of Suffolk, Virginia held a public hearing concerning Steet Vacation Request STV2019-003 and approved the vacation of that portion of unnamed alley located north of Warwick Street and between Factory Stueet and Mulberry Steet; and WHEREAS, the applicant has requested that the City relinquish any rights it may have to said unnamed alley to the owner of the contiguous properties to the east and west by the execution of a quitclaim deed between the City of Suffolk and the Birdsong Corporation, said quitclaim deed attached hereto as Exhibit A; and,

WHEREAS, the City Council held a public hearing on June 17,2020 to consider the request to execute a quitclaim deed in reference to the previously vacated right-of-way.

NOW, TIDREFORE, BE

ORDAINED by the Council of the City

Suffolk,

Virginia, that: Section

Section

The City Manager is authorized to execute the quitclaim deed and ali necessary documents as evidence of the Crty's conveyance.

BE IT FURTI{ER ORDAINED that

151s

oldinance shall be effective upon

its passage and shall not be published.

READ AND PASSED: TESTE:

Erika S. Dawley, City Clerk

EXHIBIT A

Plcpared by and Return to: J. Witt Harper, VSB#88898 Saunders & Ojeda, P.C. 705 West Washington St. Suffolk, VA 23434

Tax Account Nunrber: 354000338 The title insurance underrvritel is unlcrorvu to the prepal'er'.

THIS QUITCLAIM DEED

is made as

of dre

day of

2020, by and

Suffol}, \rA 23434.

That for and in considelation of thc sutr of One Dollal $1.00), cash in haud paid, the teceipt of rvlichis hereby acknowledged by dre patty of drc fust part, dre said party of the Fustpatt does hercby quitclaim, release and convey unto B.irdsorg Corpomtion, a

Virgida cotporation, any

and all righg tide aud irterest it may possess in and to dre following described rcal cstate, to-vir:

That cettain 40 foot by l0 foot rvestern most pottion of tlmt allcy running patallel to \flanvich Street located rvidrir the property klorvn ir: dre City of Suffolk Assessor's office as Tax Parcel 34G29(2)*A as shorvn on dre attachcd 'iExhibit A", a copy ofthe Deed and ?lat references are recorded in the Cledr's Office of the Circuit Court of dre Ciq' of Suffolk as instrument numbets 180007868, DB 628 page 599, and DB 9, page 153, reference to rvhich is hereby n.rade fot a nrore accutate description of dre said propcrty. This conveyance is made exptessly subject to dre restrictions, conditiols, tights ofrvays and eascments,

any contained

in the instruments constitutiug the chain of tide to tlte propetty

conveyed herein, and to rnattets visible upon inspection.

\(iITNESS tlle follorving signatute(s) and seal(s):

CITY OF SUFFOLK, \TIRGINIA

BY:

CITY I\,fu\NAGER

Ciry Cletk .t\pptoved as to Form:

-(SEAI)

City Attorney CO

A,II,IONWEAITH OF VIRGINIA,

CITY OF SUFFOLK, to-wit:

Notary Public ilr and for the City and State afotesaid, do Ciry

heteby cetti$, that

r\,Ianager,

Ciq Attotney

Clerk, whose names are signed to dre fotegoing x,riting beating

and date og

the

day of

acknorvledged the sanre before tne dds

day of

IvIy commission expires

#. Notary Registration -,2020,have

-,2020. NOTARY PUtsLIC lsEALl

AGENDA:

June 17,2020 Regular Session

ITEM:

Public Hearing - An oldinance to autholize a quitclairn deed between the City of Suffolk and Turlington Propefiies LLC quitclairning all lights, title, and interest, if any, the City of Suffolk may possess in an unimproved private 50' r'ight-of-way, known as Pit Road, and located on the north side ofTurlington Road

Presented for your consideration is an ordinance authorizing a quitclairn deed conveying a private,

unimploved, 50' r'ight-of-way, known as Pit Road, and located on the notth side of Turlington Road, to Tur'lington Properties LLC.

RECOMMENDATION: Research of this right-of-way has velified that it is a plivate right-of-way to which the City of Suffolk has no ownership interest. A title opinion was submitted by the applicant which listed Turlington Properlies LLC as the owrrer of the right-of-way. In an abundance of caution, the applicant has requested the City execute the attached quitclaim deed regarding this property. As

such, an accompanying strcet vacation approved by City Council rccommends apploval of the attached ordinance.

ATTACHMENTS: General Location Map Zoning Land Use Map Survey Proposed Ordinance

ExhibitA-PropefyMap Exhibit B - Proposed Quitclairn Deed

is not

necessary. Staff

GENERAL LOCATION MAP PIT ROAD QUITCLAIM

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ORDINANCE NUMBER

AN ORDINANCE TO AUTHORIZB A QUITCLAIM DDED BETWEEN THE CITY OF SUFFOLK AND TIIRLINGTON PROPERTIES LLC QUITCLAIMING ALL RIGHTS, TITLE, AND INTEREST,IF ANY, TIIE

CITY OF SUFFOLK MAY POSSESS IN AN UNIMPROVED PRIVATE 50' RIGHT-OF-WAY, KNOWN AS PIT ROAD, AND LOCATED ON THE NORTH SIDE OF TURLINGTON ROAD

WHEREAS, the City Council held a public hearing on June 17 ,2020 to consider a request for the City to execute a quitclaim deed concerning an unimproved private 50' right-of-way known as Pit Road; and

WHEREAS, it has been requested that the City telinquish any rights it may have to said private right-of-way to Turlington Properties LLC, said quitclaim deed attached hereto as Exhibit B; and, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that:

Section

The City Council hereby authorizes the execution of a quitclairn deed in substantially the same form as the attached, relinquishing whatever rights it may have to the private 50' right-of-way as referenced in Exhibit "B".

Section

The City Manager is authorized to execute the quitclaim deed and all necessary documents as evidence of the City's conveyance.

BE IT FURTHER ORDAINED that this ordinance shall be effective upon passage and shall not be published.

READ AND PASSED: TESTE: Erika S. Dawley, City Clerk

Helivi L. Holland, City AttorneY

User Name: bsfiilh

Dale:3/*2020

PROPERTY MAP PIT ROAD QUITCLAIM

EXHIBIT A

EXHIBIT

REEEiIVED FEB 2 4

|IFC,D

DL/\NNI\Itr Prepared by and Return to: J. Witt Halper, VSB#88898 Saundels & Ojeda, P.C, 705 West Washington St. Suffolk, VA 23434

Tax Accouut Number: 1524?8000, 152168100, 151656000' 151439000, 150397000 The title irrsulance untlertvt'iter is uuhnorvn to tlte

THIS QUITCLAIM DEED

is made as of th

Gtantor,

.2020- bv and

pl[ of

the first patq

aod

Graotee, rvhosc

Virgirria Beach, Virgi

mailing addtess is 4356 Bonney Road,

That for and in receipt ofrvlrich is

23452.

um of Ooe Dollat ($1.00), cash in hand paid, the by the party of the fust part, the said party

ofthe fitst part

unto Tudington Properties LLC, any and all right, tide

does heteby and intcrcst

to the following described

r,eal estate,

to-wit

Parcel First: 688 in the City of Suffolk, Virgioia, norv ot formedy orvoed by Dorothy I( Part running in a Northe.tly direction from State Highway 688, bets.ecn d:e propety norv or formedy owned to the East by Thomas F. Hatrell aod Coonie B. Hatrell and to theWest by Geotge G. Carr and \'Iinnie S. Catt and thence running to the land norv or formetly orvned by Tulliogton Properties, LI,C, said property sholving a beariog of N 5' 05' 52" V, on Shcet 5 of the Pl^us for Route 688, State Highv^y Project 0688'061-155, C-501 of the City of Suffolk, Virginia duly recorded in the Clerk's Of{ice of the Citcuit Courr ofthe City ofSuffolk, Vitginia as Deed Book 354, Page 575 and io State Higlnvay Plat Book 9, Page 116.

All that certain 50' right-of-rvay located oo Routc

Parcel Second:

All that cetmin 50' tight-of-rvay located on Route 688 in thc City of Suffolh, Virginia, norv or fonnetly orvned by Dorothl,I( ?au runniog in a Northetly ditection ftom State Highrvay 688, behveeo the prcperty norv ot fotmetly orvned to the East byJack'I'. Baioes aod Lucy P. Baitres and to the West by RaymondJ. Holland aud Lelia C. Hollaod and thence tunning to the laod norv or fotmerly orvned by Tutlington Prcperties, LLC, said property showiog a bearing ofN 13'50'E, on Shect 5 of dre plans for $irlte 688, State Highrvay duly rccorded in Project 0688-061-155, C-501 oI the City of Virginia as Decd dre Clcrk's Ofltce ofthe Citcuit Court ofthe 116. Book 354, Page 575 and in State Highrvay

This cooveyanceis rrade expressly easements,

any cootained

the

conditions, rights ofrvays and

drc clrain

conveyed hetein, and to

[Signatures appcar on the follorving page]

o[ tide to the propelty

\\TITNESS the following signature(s) and seal(s):

CITY OF SUFFOLK, \IIRGINIA

BY: CITY ]VfANAGER .f\ttest:

City

Cle*

-r\pptol,ed as to Fotm:

-(SEAL) City Attorney

COIU\,ION\X/EALTH OF CITY OF SUFFOLK

a Notary Public

herebl,

City N{anager:,

the

2020, have acknorvledged the same before me this

I\,Iy commission expires

Notarl, Regisuation #.

NOTARYPUBLIC lsEALl

Ciq'Attomey

Cletk, rvirose names ate signed to the foregoing writing beating

and date on

in and for the Ciry and State aforesaid, do

AGENDA:

June 17,2020, Regular Session

ITEM:

Ordinance

- An ordinance authorizing the City Manager to accept a Deed Open-Space Easement over the cofitmon passive open-space within Phase 1 of the Cluster Subdivision Plat The Preserve at Lake Meade, Tax Map Number 26, Parcel 69*69.,{*PT3 4* 6; FSB2020-00003

Under the Cluster Development Use Pattem, passive open-space shall be preserved as open-space by a Conservation Easement which complies with the Virginia Conservation Easement Act (VC 10.1-1009-10.1-1016) or an open-space easement which complies with the Virginia Open-Space Land Act (VC 10.1-1700-10.1-1705). Under the Virginia Conservation Easement Act, the holder of the easement is a charitable corporation, charitable association, or charitable trust. Under the Virginia Open-Space Land Act, the open-space easement is held by a public body which includes any state agency having authority to acquire land for a public use, or any county or municipality, any park authority, any public recreational facilities authority, any soil and water conservation district or any community development authority formed pursuant to Article 6 (15.2-5152 et. seq) of Chapter 51 of Title 15.2, or the Virginia Recreational Facilities Authority.

In that the easements over

passive common open-space in cluster development subdivisions preserve that land as open-space in perpetuity, it is recommended that the City accept such an easement in accordance with the Virginia Open-Space Land Act over the common passive open-space within Phase 1 of the Cluster Subdivision Plat The Preserve at Lake Meade located off of Pitchkettle Road within the Holy Neck Voting Borough. Please be advised that the acceptance of this easement does not impact the taxing status of the subject passive common open-space.

Budget Impact:

The granting of this Open-Space Easement will not result in any addition to the OpenSpace Land Use Program that was previously repealed by City Council. Attachments

General Location Map Property Map Subdivision Plat ofPhase 1 ofThe Preserve at Lake Meade Proposed Ordinance Deed Open-Space Easement

The Perserve at Lake Meade Phase

Central Growth Area

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ORDINANCE NUMBER

AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED OPEN-SPACE EASEMENT OVER THE COMMON PASSIVE OPEN-SPACE WITHIN PHASE 1 OF THE CLUSTER SUBDIVISION PLAT TTIE PRESERVE AT LAKE

MEADE, TAX MAP NUMBER 26, PARCEL 69*69A*PT34*6; FSB2020-00003

WHEREAS, Phase 1 of The Preserve at Lake Meade Cluster Subdivision has been approved utilizing the cluster development use pattern as allowed under the Unified Development Ordinance; and,

WHEREAS, in accordance with Section 3l-411(dX2) of the Unified Development Ordinance, the passive common open-space shall be preserved as openspace by a conservation easement that complies with the Virginia Open-Space Land Act; and,

WHEREAS, the Virginia Open-Space Land Act authorizes municipalities to accept conservation easements over passive common open-space.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that:

Sectionl.

Authorization.

The City Manager is hereby authorized to execute a "Deed - Open-Space Easement", in substantially the same form as attached hereto, to accept the conservation easement. Section

Findings.

City Council finds that the open-space easement satisfies the requirements of the Unified Development Ordinance and the Virginia Open-Space Land Act and hereby accepts the easement.

Section3.

Recordation.

A certified copy of this ordinance shall

be recorded, by the applicant, in the name

of the property owner in the office of the Clerk of the Circuit Court of the City of Suffolk, Virginia.

This ordinance shall be effective upon passage and shall not be published or codified.

READ AND PASSED: TESTE:

Erika S. Dawley, City Clerk Approved as to Form:

Helivi L. Holland, City Attorney

Prepared by and Return to:

Tax ID Number:

Mark D. Williamson, Esquire McGuireWoods LLP l0l W. Main Street, Suite 9000 Norfolk, VA 23510

252846000

DEED OPEN-SPACE EASEMENT Passive Open-Space

Cluster Development Use Pattern

THIS DEED OF EASEMENT is entered into this

PITCHKETTLE LAKE MEADE, LLC, a Virginia limi to as "Grantor") and the Commonwealth of Virginia (the "City"), Grantee for CORPORATION, as trustee under that certain Deed in the Clerk's Office of the Circuit Court for the

2020 (herein ility company referred political subdivision of the

190002564 (the "Deed of Trust"), Grantee and

WHEREAS, Grantor is the fee "Passive Open-Space," as shown

I, (the "Plat"), which Plat is Passive-Open Space further

WHEREAS, natural and

WHEREAS, iN Chapter 17 of the Virgini Ordinance, the Grantor is

{,t

pu dated

ffolk,

and

UNION SERVICES 15,2019 and recorded as Instrument No.

\&inia

ing purposes.

tract or tracts of land designated ht entitled The Preserve at Lake Meade Phase contemporaneously with this Deed, said httached hereto; and

owned by the Grantor has environmental, scenic, state as a passive open-space area; and

of the purposes of the Open-Space Land Act, Title 10.1, hnd as required by the City of Suffolk Unified Development ing to grant a perpetual Open-Space easement ("Easement")

applicable to the Passive Open-Space, restricting and limiting the use of the land, on the terms and conditions and for the purposes set forth below, and the City is willing to accept the Easement; and

WHEREAS, the Grantor and the City recognize the value of the Passive Open-Space in its present state, and have a common purpose of conserving the Passive Open-Space, preserving the natural character of the Passive Open-Space, and preventing the use or development of the Passive Open-Space for any purpose or in any manner which would conflict with maintenance in accordance with purposes of the Open-Space Land Development Ordinance; and

Act and the City of Suffolk Unified

WHEREAS, the City is authorized by the Open-Space Land Act to accept, hold and administer the Easement, and the City possesses the authority to accept and is willing to accept the

Easement under the terms and conditions described below, and the Grantor, for itself, its successors and assigns waives any objection to the perpetual nature of this Easement.

NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants and restrictions set fodh below, the Grantor conveys to the City and its successors and assigns forever and in perpetuity an Open-Space Easement of the nature and character and to the extent set forth below, applicable to the Passive Open-Space for the purposes ofpreserving the important features ofthe Passive Open-Space and maintaining permanently the natural character ofthe Passive Open-Space, which Passive OpenSpace is more particularly described on the attached Exhibit A.

The commitments, conditions and restrictions applicable to the Passive Open-Space, for the purpose of achieving these goals are set forth below:

gross, and shall run with the This Easement shall be perpetual. It is an easemg land as an incorporeal interest in the Passive Open-Space .ceable by the City against the heirs successors and assigns Grantor and its heirs, successors and assigns. The Grantor f4fse perpetual nature ofthe waives any objection to the

garbage, waste or offensive There shall be no dumping of wetlands, waterway, or other area material. There shall be no dumping or filling in of purpose of combatting erosion. permitted by app as may be except other unsightly material is not Accumulation or application of trash, storage or placement on the permitted on the Passive Open-Space. There 'other tand clearing debris from off-site. of any Passive Open-Space 2.

Mining, materials are prohibited, except

gravel, soil, rock, sand, coal and other

F-",";\

maintenance of accesses to uses and structures permitted visions ofthis Deed ofEasement. Accesses shall be designed to cause a minimum of interference with the existing and topography, drainage, vegetation, wildlife, recreation and conservation purposes of the Passive open-Space.

accesses; and

itud

Removal, destruction and cutting oftrees, shrubs, or other vegetation is prohibited except as indicated on the conceptual plan and for:

Reasonable maintenance of existing accesses or construction and maintenance of accesses permiued by this Deed of Easement; or

Application of good management practices including the prevention or treatment of disease; or

Removal ofonly such vegetation as is reasonably necessary for construction and improvements in substantial conformity with the conceptual plan and

in accordance with this Deed of Easement.

There shall be no activities or uses detrimental or adverse to water conservation, erosion control, soil conservation and, subject to the permitted uses, the preservation of wildlife habitat.

6. Use, development and improvement ofthe Passive Open-Space shall be permitted only in accordance with the City of Suffolk Unified Development Ordinance and as depicted on the conceptual plan approved by the City ofSuffolk. The Passive Open-Space shall not be further divided, subdivided, or conveyed in fee (except to the Homeowner's Association created for the subdivision) except as depicted in the conceptual plan or otherwise approved by the City, and shall be maintained as passive open-space.

There shall be no alteration ofthe

Passive Open-Space, except

as required for the construction of structures, trails conformity with the conceptual plan or reasonably The features designated on the woodlands and wetlands shall be maintained and assigns substantially as depicted on the exists on the date of execution of this being shown on the "conceptual plan" such for the site described as follows: Pitchkettle Road Suffolk, Vi approval by the City's 9.

The

vements in substantial for permitted uses.

for preservation, including all the Grantor, its heirs, successors or substantially the same condition as

the foregoing, in lieu of features be shown on the Engineering Plan for the Preserve of Lake Meade Phase I

Blakeway Engineering daled 12113/19 and (the "Engineering Plans") to itself, its successors and assigns the right to: recreational and naturalistic uses ofthe Passive Open-

, restore, alter, remodel or replace the permitted structures depicted on the conceptual plan with structures of similar size and purpose and construct any other improvements depicted on the conceptual plan provided that the changes are compatible with the conservation purposes of the Passive Open-Space and all other provisions of this Easement.

c. 10.

Continue the use of the Passive Open-Space inconsistent with this Easement.

for all

purposes not

The parties agree that monetary damages would not be an adequate remedy for the breach ofany ofthe terms, conditions and restrictions ofthis Easement, and therefore, in the event that the Grantor, its heirs, successors or assigns, violate or breach any ofthese terms, conditions and restrictions, the City and its successors and assigns, may institute a suit and shall be entitled to enjoin by ex-parte temporary and,/or permanent injunction such violation and to require the restoration ofthe Passive Open-Space to a condition in compliance with this Easement. The City,

its successors and assigns, by any prior failure to act do not waive or forfeit the right to take any action as may be necessary to insure compliance with the terms, conditions, and restrictions ofthis Easement. 1 1. The City, its successors and assigns, have the right, with reasonable notice, to enter the Passive Open-Space for the purpose of inspection to determine whether the Grantor, or its successors or assigns, are complying with the terms, conditions and restrictions of this Easement. This right of inspection does not include the interior of any dwellings.

12.

The City may assign its rights under this Easement to any State or federal agency charged with the responsibility of conservation of natural areas, or open-space, or to any nonprofit, tax-exempt organization engaged in promoting conservation of natural areas; and if such assignee shall be dissolved or shall abandon this Easement, or the rights and duties ofenforcement or if proceedings are instituted for condemnation of this the Easement and rights of

enforcement shall revert to the City; and if the City shall be dissolution fail to provide a successor, then the City of appropriate successor.

13. The Grantor agrees for itself, its writing to the City ofthe names and addresses of to be transferred, at the time of transfer. Without the Grantor may transfer the property Homeowner's Association created for the 14.

The City agrees to will not transfer the Easement provided in and permitted by

15.

This Space Land Act, to Ordinance, and to as defined in the

16.

iF,",h\

&ry

lved and if the terms of the gircuit Court shall appoint an

to give notice in whom the Passive Open-Space is upon prior written notice to the City, ssive Open Space is located to the exclusively for conservation purposes, and . other property, or services, except as

to promote the purposes of the Virginia Openlk's Comprehensive Plan and Unified Development on purposes of this Easement, including such purposes

Although will benefit the public in ways recited above by encouraging and requiring elements ofgood land management, it shall not be construed to convey a right to the public of access or use of the Passive Open-Space, and the Grantor, its heirs, successors and assigns shall retain exclusive rights to access and use. The covenants agreed to and the terms, conditions, restrictions and purposes imposed shall be binding upon t}re Grantor, and its agents, personal representatives, heirs, assigns, and all other successors to it in interest, and shall continue as a servitude running in perpetuity with the above described land, notwithstanding any restrictions at common law on the terms ofeasements in gross, or their enforcement.

1'1. Notwithstanding any otherprovisions ofthis Deed ofEasement, the City ofSuffolk Unified Development Ordinance and other applicable statues, ordinances and regulations shall apply to the Passive Open-Space and shall take precedence over this Easement to the extent that those requirements are more restrictive than the terms of this Easement.

18.

The invalidity or unenforceability ofany provision ofthis Easement shall not affect the validity or enforceability ofany provision of this Easement or any ancillary or supplementary agreement relating to the subject ofthis Easement.

19.

Union Services Corporation hereby joins in this Deed of Easement to evidence its consent to the foregoing restrictions and to subordinate the lien of the Deed of'Trust to the terms and conditions of this Deed of Open Space Easement as if this Deed were recorded prior to the Deed of Trust.

ISTGNATURE PAGES TO FOLLOWI

GRANTOR: PITCHKETTLE LAKE MEADE, LLC, a Virginia limited liability company By: HG Pitchkettle Land Managing Co., LLC By: Name:

Title:

COMMONWEALTH OF VIRGINIA, CITY OF The foregoing instrument was acknowledged before 2020,by [NAME], [TITLE] of HG Pitchkettle Land

My commission expires: My Notary Registration is

on its behalf.

UNION SERVICE CORPORATION

By: Name:

Title:

COMMONWE,ALTH OF VIRGINIA, to-wit: CITY OF

The foregoing instrument was acknowledged before me thj 2020,by [NAME], [TITLE] of Union Service Corporation.

My commission expires: My Notary Registration is

ATLANTIC LINION BANK (formerly known Union Bank & Trust)

By: Its:

COMMONWEALTH OF VIRGINIA, CITY OF to-wit:

The foregoing instrument was acknowledged before 2020.bv lNAMEl, [TITLEI of Atlantic Union

Bank. ^"1-day ,\a

trrt,vXotary.'Registration

Acceptance of this Deed by City of Suffolk; a political subdivision of the Commonwealth of Virginia, pursuant to Va. Code Section 15.2-1803, is evidenced by the signature below.

Date:

City Manager

COMMONWEALTH OF VIRGINIA, CITY OF SUFFOLK, to-wit:

;_dayof 20-by My commission expires: My Notary Registration is

Approved as to Form:

City of Suffolk

n behalf of the City of Suffolk.

,-a

Approved to Substance:\,

Director of Planning and Community Development

Notary Public

EXIIIBIT A

All

certain lot, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, located in the

CityofSuffolk,Virginia,designatedaS..-,,,consisting of

s.f./_

ac., all as shown on that certain plat entitled: dated and made by and recorded in the

Clerk's Office of the Circuit Court for the City Instrument Number

C 131174818v2

of Suffolk

AGENDA:

June 17,2020, Regular Session

ITEM:

Ordinance

- An ordinance authorizing the City Manager to accept a Deed Open-Space Easement over the common passive open-space within the Cluster Subdivision Plat Meadows Landing, Tax Map 43, Parcel 2l; FSB2020-00002

Under the Cluster Development Use Pattern, passive open-space shall be preserved as open-space by a Conservation Easement which complies with the Virginia Conservation Easement Act (VC 10.1-1009-10.1-1016) or an open-space easement which complies with the Virginia Open-Space Land Act (VC 10.1-1700-10.1-1705). Under the Virginia Conservation Easement Act, the holder of the easement is a charitable corporation, charitable association, or charitable trust. Under the Virginia Open-Space Land Act, the open-space easement is held by a public body which includes any state agency having authority to acquire land for a public use, or any county or municipality, any park authority, any public recreational facilities authority, any soil and water conservation district or any community development authority formed pursuant to Article 6 (15.2-5152 et. seq) of Chapter 51 of Title 15.2, or the Virginia Recreational Facilities Authority.

In that the easements over

passive corrrmon open-space in cluster development subdivisions preserve that land as open-space in perpetuity, it is recommended that the City accept such an easement in accordance with the Virginia Open-Space Land Act over the common passive open-space within the Cluster Subdivision Plat Meadows Landing located off of Turlington Road and Jackson Road within the Whaleyville Voting Borough. Please be advised that the acceptance of this easement does not impact the taxing status ofthe subject passive common open-space.

Budget Impact:

The granting of this Open-Space Easement will not result in any addition to the OpenSpace Land Use Program that was previously repealed by City Council. Attachments

General Location Map Property Map Subdivision Plat of Meadows Landing Proposed Ordinance Deed Open-Space Easement

,ffi

Meadow's Landing

I bsnilh Date:6/42020 User Name:

Meadow's Landing

I User Name: bsmith

Date:6/4nU0

Tn*rurrrftl T e0ooo rp851 PoJc azd e? HEREBY CETIIF{ THAT THIS SUBDNEION WAS MADE E/ ME AT THE DIRECIION OF THE OWNER AND Tl.lAT THIS SUBOMSION IS ENTIRELY WTHIN THE BOUNT}ARIES OF I-ANO OV'NED Ef HIM/HER ANO "ITIAT STEEL PINS, IS SHOWN ON THIS PLAT B/ SMALL CIRCLES' HAVE ACTUALLY BEEN PI.ACED AND THEIR LOCATIONS CORRECTLY SHOWN AND IHAT THE PLAT DETALS MEET THE STANDARDS FoR PUTS AS ADOPID UNOER VC g+2.I_82 OF THE VIRGINIA PUEUC RECORDS ACT (g 42.r-76, Er. SEO.).

uc. ilo.

PROPERTY OWNER INFORMATION TAX MAP NO.43'21 OWNER: MEADOWS l-ANolNG

PROPERTY EMSRACED MTHIN THE LIMITS OF THIS SUEDMSION, BEING TAX NO. 43'21, WAS COM/EYED TO MEADOWS TANOING ASSOCIA-IES. t.LC FROM coNNER BY TNSTRUMENT DATED OA/OA/17 AND RECoRoED RrclrARo 'SOF INSIRUMENT 170010381. BEING DULY RECOROEO IN IHE CLERK'S OFFICE IHE CIRCUTT COURT OF IHE CTIT OF SUFFOLK, VIRGINIA

LLC

(7s7)73s-oes3

IRANSPORTATION.

l98l I

ENTmY: MEADOWS IANDING ASSOCIAIES. LLc

Wb/

--'j-? .' t ,,/t "' "

w, - l\,2

r. THE MERIDhN SOURCE OF THIS $]Fr'ETIPLAT IS BASED ON IHE CNY OF SUFTOLK GEODENC CONIROL NENVORK WHICH REFERS TO VIRGINIA SIATE PTANE COOROINAIES SOUIH zoNE (NAD BJXlgs{ vlRGlNA tiARN). SUR^IEYIPTAT WAS PERFORMED,/PREPAREO WITHOUT THE BENEFIT OF A CURRENT ,ITTLE REPOFT AND MAY NOT SHOTV AIff,/AL EASEIIENTS. RESIRICIIONS & ENCUMBRANCES I}IAT MAY AFFECT IHE PROPERTY SHOWN.

2- lHS

ANo C0MPLEIE

TOTAL AREA ENCOMPASSED WffHlN

IHIS SUBDMSION: 751006 S-F. OR 17-241

N-

sJzqleo DAIE

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Neu*@-9-4EI:EE

pRrNT

.nnEr ru+n

NOTES

54-

ASSOCTATES,

9O1 PORTCENTRE PARKWAY sunE 5 PORTSMOUTH. VA. 23704

THIS SUBOMSION OF PROPERTY, AS T APPEARS ON THIS PI.AT. ls WTTH THE FR€E CONSENT AND IN ACCORDANCE WTTH THE DESIRES OF lHE UNDERSIGNED OI1NE:R(S), WHO AI.51) DEDICATE THE STREETS TO IHE Cfi OF SUFFOLK ANO AGREE TO COMPLY WITH ALL REOUIREMENTS OF I}IE SUBOMSION ORDINANCE PRIOR TO IHEIR ACCEPTANCE BT THE CIIY OR THE VIRGINIA DEPARTMEM OF

a,""*r@ t

SOURCE OF TITLE ]HE

ro* o, To

wrl:

ear*u,/ h,remora<

\l-\*l^

.,rt

\-)

S.\\K

';*x*}-*";"T,:c[_*EcnY

OTT WATER AND SEWER ARE AVA'LABLE TO IHE SITE

rHE pRopERry sHowN APPEARS To FALL wrIHIN Flooo zoNE(s) 'x', AccoRolNG To F.EM.A'S FLOOO I}ISURANCE RA'IE MAP (F,I.R.M.) FOR I}IE CIW OF SUFFOLK' VIRONIA MAP NUMBER s1O15602100 & 51o1560230E irAP RMSEo: AUGUST 3. 2015.

RtI

6. 7-

PRoPERTY ZONING:

8. 9.

THE MINIMUM LOT SIZE

(PER

cnY GIS ZoNING INFORMAIoN.)

oAlE oN THE

rHERE sr{ALL BE A MTNTMUM FwE Foor (5') EASEMENT PRoVIDED a-oNG rHE RErR AND SIDE PROPERTY UNES OF ALL LOTS FOR lHE INSTALLATION ANO MAIMIEMNCE OF LMUNES.

sHA[

BE AT TEASI 5,OOO SQUARE

WHOSE NAME(S)

FEET'

EQUIPMENI' IHE DA'ELOPER SHAI,I BE RESPONSIBLE FOR THE RETiO/AL OF MAIERIAL AND G€NEML CONSTRUCIION OEBRIS FROM IHE SUADMSION AND FROM ANY LOT, STREET, PUEUC WAY OR PROPERIY THEREIN OR AOJACE}.IT IHERETO. OUUPING OF SUCH DEBRIS Ii'ITO SEWERS, ONTO ADJACEffT PROPERTY OR ONTO ANY OIHER TAND IN TIIE C'IT IS PROHIBITED. EDGE OF WEIIANOS, AS SHOWN HEREON, IS PER DAVIS ETMBONME}ITAL CONSULTANTS INFoRMATION OAIED: SEFIEMBER o7, 2016. A CoMPLEIE REl'! DEINEATION W'S NOT AVA'LABTE AT IIME OF SIJRVEY.

10.]HE

HAVE

AS SUCH IS/ME SIGNED TO IHE FOREGOING WRIIING

.2at-

oo.1

o, VY1*

BEARING

n-D-

ICXIOWLDGED IHE ScTE BEFORE ME IN MY CtrY AND TA]E AFORES{D.

zo-4 oF-ldm\-, '\) \\14r\/2oZ<' My coMurssoN ExprStis oir -,"3q,aq,t Gr,tN uNTo My MNo rHrs

7an

o*T

NOTAF'

PUBUC

REGISIMIION

NO.

11. I}IE PROPERTY ENCOMPASSED WIHIN THIS SUBDMS'ON IS MORE DESCRIBED IN INSTRUMENT I7OO1O3A1 AND ALSO SHOWN ON IHAT CERTAIN PLAT RECORDED AS TNSTRUMENT

20131

14000234190.

SUBJECT TO REZONING REQUEST RZ2O16-16 APPROVEO BY ORDINANCE INSTRUMEMT NUMBER 17000696J. NO PROFFERS ARE ASSOCIATEO WITH THIS

12. THIS SITE IS 17-O-O2A, REZONING.

15. THIS IS A SINGLE FAMILY CLUSIER

DEVELOPMENT.

THE UNDERSIGNED CERTIFY THAT'IHIS SUBOMSION, AS fT APPARS ON ]TIIS PI.AT' CONFORMS TO IHE APPUOABLE REGULATIONS RELATINC TO THE SUEDIVISION OF LAND AND IS ACCOROINCLY APPROVED. E/ SUCH APPROVAL, THE UNDERSIGNED DO NOT CERTIFI AS TO THE CORRECTNESS OF THE STRETTS,

SUBDIVISION OF

MEADOWS LANDING

FOR PARCEL DATA, CURVE DATA, LEGENDS. AREA DATA, SETBACK DEIAIL,

SEE SHEET

SUFFOLK, VIRGINIA

EP-IAKF-WAY M

N-MCHOUCK AO..VA BACH. VIRGINIA2gE

fl fl .m.07 05 w.bbtry@a-cd

P7 57 220.@A1 -

tGltllazo

:tfrstrunrn++ Zo0o0 l08F.7 pagc la'otzl AREA DATA

EASEMENT AREq DATA PARCEL

SOUARE FEEI

ACRES

PARCEL

7243

0.1 66

ACTIVE OPEN SPACE

1314

0.1

PERMANENT PUBLIC UTILITY EASEMENTS >ERMANENT PUAUC DMINAGE EASEMENTS

47435

IMPOUNDMENT EASEMENT

154000444

43*21 *OSlA11

17516

o,402

54000845

4J*21 rOS+P.1

54000846

PASSIVE OPEN SPACE 2

1 1

PASSIVE OPEN SPACE 5

'16J0

0.o37

154000847

283081

6.499

504

0.6J1

229054

5.258

CRIIICAL

2'7

AREA OEOICATION

AREA

AREA DATA ACRES

ACCT.

NO.

TAX MAP

43.21.1

LOT 19

NO.

PARCEL

60062

379

006

7.241

751

TOTAL SITE

SOUARE FEET

5002

RESIDUAL PARCEL 43+21

RIGHT_OF.WAY

CURVE

DATA

ACCT.

ACRES

5080

0.1 17

54000827

4J.21.1

NO.

CURVE

RAOIUS

OELTA

15.00'

89'56'51'

TAX MAP

SOUARE FEET

NO.

1.497

WET POND

PARCEL

TAX MAP

ACRES

651 9S

PASSIVE OPEN SPACE

1.089

qccT. No.

SQUARE FEET

LENGTH

43+21 iOS*P*f,

50979000

4Jr21

150979000

47.21

DATA

MEADOWS LANDING LN CHORD

BEARING

4.99'

21.20'

s87'49'00"W

TANGENT 1

50J9

0.116

54000809

LOT 2

5001

0.1 15

5400081 0

43i2142

LOT 20

6J53

0.146

54000828

43.21.20

1025.00'

oz 1 3'42"

59.87'

19.94'

J9.86,

s43'57'25lil

LOT 3

5001

o.1

5400081

4Jr21.J

LOT

5J84

o.124

54000429

43121.21

100.00'

2{s2'26"

43.41

22.O5'

43.O7

sJzJa'oJ'1il

25.00'

64 59'51 "

141 ,BO'

79.63'

134.32'

s 1 2'1 8'05"E

5.00'

90'00'00-

2J.56'

5.OO'

21.21'

s89'4a'oo'E

r5.00'

89'59'53'

23.55'

15.00'

21.21'

N00.1 1'56"E

75.00'

6459'51

198.52'

1.48'

8E.05'

N1 2'1

JJ.08'

64.61'

N32'38'03"E

8.96'

37.92'

N4J57'25'E

LOT

LOI 4

5000

0.1 15

5400081 2

43.2t.4

LO't 22

5412

0.124

1540008J0

43.2r22

LOT 5

s002

0.1 15

54000E1 3

43.21.5

LOT 2J

699

0.1J1

154000E31

43.21.23

0.1 48

54000EJ2

43.21.24

LOT 6

500J

o.r 15

15400061 4

43.21.6

LOI 24

LOT 7

5001

0.115

5400081 5

4Ja21*7

LOT 25

5875

0.1 35

s40008J3

+3.21.25

LOT 8

5000

0.115

5400081 6

4J+21.8

LOT 26

5002

0.1 15

540008J4

LOT 9

5000

0.1 15

5400081 7

45121.9

lol

5000

43.2 .26 45.2 .27

0.129

154000818

4Jr21.1 0

LOT 28

5500

0.1

154000836

5005

0.1 15

43121.1

LOT 29

5500

0. 26

154000837

LOT 12

5000

0.115

LOT 10 LOT

5400081

54000820

LOT 13

5000

0.1 15

154000821

LOT 14

5000

0.1 15

LOT 15

5527

LOT 16

54000822

43.21.12

LOT 30

43.21.1 4

5000

540008J5

0.1 15

154000a38

43.2 '24 43r2 .29

43.

NO2'09'26"W

52.1J'

20-7

2A.7A'

N69'I 2'31'E

20-oo'

103'24'27

36.10'

25.3J'

31.39'

s06'56'02lil

90'o0'00"

154000840

43.21.32

c13

10.00'

7t32'5A"

13.01'

7.61

12.1 1'

N64 05'1 5"r'll

c14

15.00'

90'00'00

2J.56'

15.00'

21.21

NOI'48'46'W

5.00'

90'00'00'

23.56'

5-00'

21 .21

N65'1

5000

0.1 15

54000841

43.21.J5

LOT J4

5000

0.1 15

54000842

43.21r34

43.21.17

LOT

5002

0.1 15

54000843

4Jr21.35

54000426

21.21'

92'02'35"

5.00'

-92'

5000

LOT 33

I 5.O0'

20.00'

LOT J2

43+21.1 6

0.115

23.56'

c11

3 42'

43.21 rJ1

4Jr21.1 5

02'1

54000839

54000824

501

975.00'

54000823

LOT 18

65.1

0.1 15

15400062s

zqsz'26'

5000

0.1 15

150.00'

LOT 31

0 127

5000

8'05"W

o.127

LOT 17

1'51'E

50'R/W

rnorr srrgrcx rr-_ll zo'

lrrl

ttx itI rlB ll"ll r'b

xt E'I

Lor14 Xt

I l,o' *.^* ..r*"* I

_l_-_

_-_L

BUILDING SETBACKS (TYP.) NOT TO SCALE

43.21.18

SUBDIVISION

AREA/SPACE LEGEND

EASEMENT LEGEND VAR'ABLE WIDIH PERMANENT

I- r I utrrrry ETSEMENT HEREBT u To cn"v oF suFFoLK

"A'.i-

oEDTCATED

1O'X10. PERMANENT PUELIC UTIUTY EASEMENT DEDTcATED To crry oF suFFoLK

L1l rrnrsv

RESIDUAL PARCEL

PASSTVE

4J'21

MEADOWS LANDING

OPEN SPrcE

tr;.] 3'

LiJ

PERMANENT PUELIC UTILITY EASEMENT scnrev DEDTcATED To clry oF suFFoLK

r 20' PERMNENT PUALIC UTILITY EASEMENT El Hrnrav DEDIcATEo ro clTy oF suFFoLK T.1 20. PERMANENT PUBUC DRAINAGE EASEMENT L:J HEREEY OEDICATED TO CITY OF SUFFOLK 5. PERMANENT PUALIC DMINAGE EASEMENT

Lll -

sEnegv oEDIcATED To ctTy oF suFFoLX

rueourouem aseuem

SUFFOLK, VIRGINIA

ACTIVE OPEN SPACE

Ep.-l.AKr_wRx M

N-

WTCHOUCK RO.. VA

8rcH,

P157.U6.W1-f,sf

VIRGINIA

%.876

Instrurr\m+ +t 2Oooo6gs'l pogc-

VMhBLE WIOTH PERMANENT PUBLIC

50' R/w

[r EAsEMENT HEREBY DEDIcATEo u I ururr ro cfi oF suFFoLK r 1O'XlO' PERMANENT PUBLIC UTILI]'/ EASEMENT LiJ HEnrey oEDrcATEo ro ctry oF suFFoLK

(D.8.3s2. PG. 214) (S.H.P.B. 9, PG. 79) (INST. 2013r

1',|

4000234190)

s4t11'52'w 607.85 (FtEt

I';"] 3, PERMANENT PUBLIC UTILITY EASEMENT Lll srnEw oEDICATED To crlY oF suFFoLK

D) -.t

607.90'(PLAT)(oA)

=--_-j-

7/r'////,,1c

(0.8.40.

'///,//l//l'E,0,'?lol?o',,, 1

90.31

TAX MAP

t?f

,,1s s&

LOT

NO.44'4A

NO.2

TAX MAP NO.

44i4

UNE

PrN(F)

s3zo1''18'E 1.98'

AREA/SPACE LEGEND

AGREEMENT

rNST.200006466

FROM CORNER

;fel

PrN(F)

N/F

PIN(F)

(rNsr. ooo'196080) 0.574 AC. (P.B.

at 6,i

'"'7*or vRGrNrA RIGHT oF wAy AND EASEMENT '." .. ,/'(D-8. 550. pc. 211)(NANS. CO.)

/,/ Pl'-l6 ,/,/,1 s44'50'10'v, -

Tfl

rs t\\

PG. s6)

MAP NO. 4J'21C

v{#i1;+"..:'1rt{,,ffi ,"',lli '''lli "'nl rui.",,llB nssocnrcs,

ACTIVE OPEN SPACE

rl\ It-.

U U

ili I ra lii (

i."" Jo.oo'

-{ ). ' -|N

@ I

I =

so.oo'

ql-ij-ll

GRAPHIC SCALE E0 20 40

120

MEADOWS LANDING LN. s0' R/w

(INST. t7ooroJ61)

(rNsr. 20131 1 1,+ooozJ4l9oXPLAT)

N4Z5O,J4.E

P^SSIVE OPEN SPACE

il-oa--

-sqoo'-

L,r,NoN6

43+2I

U u rsrJ tEi -a

[iâ&#x201A;¬f'.-=-lii--r -lii- --ll!tt1,u1tl".."'\ J-l I u-',J l--l +t.zt' uuoows

RESIDUAL PARCEL

SANDM LYNN SMALL

12032690.83

EASEMENT

To clrY oF suFFoLK

PER

INST-

3420322.76.

oEotcATED

oNST.170004207)

SEE OETAL

5'PERMNENT PUBUC DRAINAGE

(0.8. 120, PG. 721) iD.B. 40, PG. 7os)

BOUNOAR/ UNE

LOT 4

xrnEev

DOUGLAS ATAN WARD

PG.768)

LINE

Lll -

PERMANENT PUBLIC UTIUry EASEMENI

f7l rupourourut gsEueu l]

N/F

CORBETT I

(D.8. 40, PG. 771)

ti{K{,,,,,,,,,,,,,,,{rA\,eys,^xh.*,, -iiir]-rzooo*zoz) '/ z . )cYc,',',/,/1e r

MEGAN

CORBETT

(INST. 190OO1524) LOT NO. 1

, , t l,/,/,/,/,1

?:L/Z11k1! 6'E

N/F &

20,

DEoTcATED To clil oF suFFoLK r 20, PERMANENT PUBLIC DRAINAGE EASEMENT Lli Hrnrev DEDIcATED To clrY oF suFFoLK

N 3419840.56 t 12032621.20

UWRENCE

Ll-l xenrev

PIN(F)

DETAIL ''A,, NOT TO SCALE

EASEMENT LEGEND

JACKSON ROAD

'f,&r_

2qa{

TAX MAP NO. 45t21

=':odTf

ffi T=o.oo'-f

-ss-oo'

SUBDIVISION r?r

I+ l'o

/,///Al_ _ /,/ ,/,/ ,/l J2;,.7;,1:

MEADOWS LANDING

SUFFOLK, VIRGINIA

so.o4'

MATCHLINE

SEE SHEET 6

3IP-ta"KF-wAY O3O N.

SEE SHETT 2 FOR PARCEL DATA, CURVE DATA, ARFA DATA, SilBACK DTTAIL, & LEGENDS.

WTCHOUCK RO,.VA BACH, VIRGINA2S2 P757.226.@A1 - F7 5f .24.47 65

15strunrrrl+ ZO00O6gSt pags 2go{Z1 VARIABLE WOTH PERMNENT PUEUC EASEMENI HERESY DEDICATED

I- r I urruw

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to cttv

oF suFFoL(

lO'XlO.PERMANENT PUBUC UTIUTY EASEMENT DEorcATEo ro cfi oF suFFoLX

L1l nrneg/

T;I 3'

JACKSON

s,+s.1

t's21y

6o7.Es(FlErD) 6o7.so'(pl^T)(oA)

PERMANEMT PUBLIC IJTILMY E,ASEMENT oF suFFoLK HEREBY DorcArED To

L1l

HEREF/ DEDlcerED

cfi I7I 20' PERWENT PUAUC UNLMT EASFMENT L:I HEREBY DEDICAIED TO CMY OF SUFFOLX r 20, PERMANEI.IT PUBLIC DRAIMGE FASEMENT

ROAD

so'R/w

3419777.EO 12032558.00

L:J (D.8.552, PG. 21+) (S-H-P-B. 9, PG. 79) 0Nst' 2013t 1'4ooo23+190)

Lal -

Tia.47'-

[]

ctTY

SUFFDLK

PFtrPIANENT PUBUG DMINAGE EASEMENT gEmgr DmTcATED To cmY 0F suFFoLK

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REIDUAL PARCEL I

.li''2i

PASSTVE OPEN SPACE

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GRAPHIC SCALE

20 40

SUBDIVISION OF

MEADOWS LANDING SUFFOLK, VIRGINIA

SEE SHEET 2 FOR PARCEL DATA, CURVE DATA, AREA DATA, SilBACK DilAIL, & LEGENDS.

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JULhNNE GRAY (rNsT. 17OO00J02) TN( MAP N0.43'19I

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(D-8.44. PG.604) uep tto. +g'tge

rix

AREA/SPACE LEGEND

EASEMENT LEGEND VARABLE WIOTH PERMANENT PUBUC

I r I ulrmv

EASEMENT HEREBY DEo|CATEo

to crx

r:.I

1O'X10, PERMNENT PUBUC UNUTY

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oF suFFoLK E,ASEMENT

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r 20, PERMANEMT PUBUC UTILITY EASEMENT L1l srngev oEDTcATED To clrY oF suFFoLK r 20'PERMANENT PUBUC ORcINAGE EASEMENT

PASSTVE

SUBDIVISION

45i2'I

OPEN SPACE

MEADOWS LANDING

ACTIVE OPEN SPACE

SUFFOLK, VIRGINIA

Lal smerr DEoTcATED To ctTY oF suFFoLx 5. PERMANENT PUBUC DRAINAGE FASEMENT -L9l Henegv oEDrcATEo To ctrY oF suFFoLK l-71 rupourouwt elsEuEHt

GRAPHIC SCALE

20 40

120

o3o

N.wrcnoucK

Ro. - vA BACA, URGINTA

P757.%.W1-f,57%.A76 ffi.bhtmy@ryom

SEE SHEET 2 FOR PARCEL DATA, CURVE DATA, AREA DATA, SEIBACK DTTAIL, & LEGENDS. rBRxSTaffi IN CEBKS OFICEOF $FFMOi ru.o220?0 AT 12:S:ep6 cffi@JR ry U w umuH

ECOidO

2se

ORDINANCE NUMBER

AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED OPEN-SPACE EASEMENT OVER TIIE COMMON PASSIVE OPEN-SPACE WITHIN THE CLUSTER SUBDIYISION PLAT OF MEADOWS LAI\DING, TAX MAP NUMBER 43, PARCEL 21; FSB2020-00002 WHEREAS, the Meadows Landing Cluster Subdivision has been approved utilizing the cluster development use pattern as allowed under the Unified Development Ordinance;and, accordance with Section 31-411(d)(2) of the Unified Development Ordinance, the passive common open-space shall be preserved as openspace by a conservation easement that complies with the Virginia Open-Space Land Act;

WHEREAS,

and,

WHEREAS, the Virginia Open-Space Land Act authorizes municipalities to accept conservation easements over passive common open-space.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section

Authorization.

The City Manager is hereby authorized to execute a "Deed - Open-Space Easement", in substantially the same form as attached hereto, to accept the conservation easement. Section

Findings.

City Council finds that the open-space easement satisfies the requirements of the Unified Development Ordinance and the Virginia Open-Space Land Act and hereby accepts the easement.

Section3.

Recordation.

A certified copy of this ordinance shall be recorded, by the applicant, in the name of the property owner in the office of the Clerk of the Circuit Court of the City of Suffolk, Virginia. This ordinance shall be effective upon passage and shall not be published or codified.

READ AND PASSED: TESTE:

Erika S. Dawley, City Clerk Approved as to Folm:

Prepared by and Return to: Whitney G. Saunders, VSB 18947 Saunders & Ojeda, P.C. 705 West Washington Street Suffolk, VA 23434 Account Number: 1 54000845, 1 54000846

54000847

DEED OPEN SPACE EASEMENT Passive Open Space ClusterDevelopment UsePattem

THIS DEED OF EASEMENT is entered into this A day of ilwir, 2020 by Meadows Landing Associates, LLC, a Virginia Limited Liability Compan/ (herein referred to as "Grantor') and the CITY OF SUFFOLK. VIRGIMA. a political subdivision of the Commonwealth of Virginia (the "City"). W]TNESSETH: WHEREAS, Grantor is the fee simple owner of the tract "Passive Open Space," as shown on that certain plat enti Landing Suffolk Virginia, Dated, (the "Plat"), which Office ofthe Circuit Court ofthe City ofSuffolk, said in Exhibit A attached hereto; and

WHEREAS, the Passive Open Space scenic, natural and recreational value in its

WHEREAS, in furtherance of Chapter 17 ofthe Virginia Code, Ordinance, the Grantor is willing applicable to the Passive terms and conditions and

of land designated on of Meadows in, the Clerk's

Spacelther

described

has environmental, Open Space area; and

Open Space Land Act, Title 10.1, ity of Suffolk Unified Development

Space easement ("8 a sement") Iimiting the use of the land, on the forth below, and the City is willing to accept

the Easement; and

WHEREAS, thc

recognize the value of the Passive Open Space purpose of conserving the Passive Open Space, preserving the natural character the Passive Open Space, and preventing the use or development of the Passive Open Space for any purpose or in any manner which would conflict with maintenance in accordance with purposes ofthe Open Space Land Act and the City of Suffolk Unihed Development Ordinance; and

in its present state, and

have

WHEREAS, the City is authorized by the Open Space Land Act to accept, hold and administer the Easement, and the City possesses the authority to accept and is willing to accept the Easement under the terms and conditions described below, and the Grantor', for itself, its successors and assigns waives any objection to the perpetual nature of this Easement.

NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants and lestrictions set forth below, the Grantor conveys to the City and its successots and assigns forever and in

perpetuity an Open Space Easement of the nature and character and to the extent set forth below, applicable to the Passive Open Space for the purposes of preserving the important features ofthe Passive Open Space and maintaining permanently the natural character ofthe Passive Open Space, which Passive Open Space is more particularly described on the attached Exhibit A. The commitments, conditions and restrictions applicable to the Passive Open Space, for the pulpose of achieving these goals are set forth below: Tlris Easement shall be perpetual. It is an easement in gross, and shall run with the land as an incorporeal interest in the Passive Open Space enforceabie by the City against the Grantor and its heirs, successors and assigns. The Grantor for itself, its heirs successors and assigns waives any objection to the perpetual nature ofthe 1.

2. There shall be no dumping of soil, trash, material. There shall be no dumping or filling in of any area except as may be permitted by applicable laws Accumulation or application of trash, refuse, junk, permitted on the Passive Open Space. There shall the Passive Open Space ofany stumps, brush, grass or 3. Mining, dredging and removal materials ale prohibited, except as

waste or offensive waterway, or other purpose batting erosion. OI material is not storage or placement on cleming debris from off-site.

rock, sand, coal and other

a. Maintenance

within and purposes

of accesses to uses and strucfllres permitted Deed ofEasement. Accesses shall be designed

a minimum of interference with the existing vegetation, wildlife, recreation and conseration Open Space.

except as indicated on the Engineering Plan and for:

Reasonable maintenance of existing accesses or construction and maintenance ofaccesses permitted by this Deed ofEasement; or b.

Application of good management practices including the prevention or treatment of disease; or

Removal of only such vegetation as is reasonably necessary for construction and improvements in substantial conformity with the Engineering Plan for Subdivision of Meadows Landing approved by the City ofsuffolk, Virginia (the "Engineering Plan") and in accordance with this Deed ofEasement.

5. There shall be no activities or uses detrimental or adverse to watfi conservation, erosion control, soil conservation and, subject to the permitted uses, the preservation of wildlifehabitat. 6. Use, development and improvement ofthe Passive Open Space shall be permitted only in accordance with the City of Suffolk Unified Development Ordinance and as depicted on the Engineering Plan approved by the City ofSuffolk. The Passive Open Space shall not be firther divided, subdivided, or conveyed in fee except as depicted in the Engineering Plan, and shall be maintained as passive Open Space. 7. There shall be no alteration of the topography of the Passive Open Space, except as required for the construction of structures, trails or other improvements in substantial conformity with the Engineering Plan or reasonably necessary to for permitted uses, 8. The features designated on the Engineering preservation, including all woodlands and wetlands shall be maintained and the Grantor, its heirs, successors or assigns substantially as depicted on the and in substantially the same condition as exists on the date ofexecutio this Deed. 9. The Grantor expressly reserves to

Continue the scenic,

itself,

and assigns the right to: uses

ofthe Passive Open

Space. b.

Improve, depicted purpose

ffi_,t \-., I

remodel or replace the permitted structues Plan with structures of similar size and other improvements depicted on the that the changes are compatible with the ofthe Passive Open Space and all other provisions

of the Passive Open Space this Easement.

for all purposes not

0. The parties agee that monetary damages would not be an adequate remedy

for

the breach ofany ofthe terms, conditions and restrictions ofthis Easement, and therefore, in the eventthat the Granlor, its hehs, successors or assigns, violate or breach any ofthese terms, conditions and restrictions, the City and its successors and assigns, may institute a suit and shall be entitled to enjoinby ex-parte temporaty and/or permanent injunction such violation and to require the restoration of the Passive Open Space to a condition in compliance with this Easement. The City, its successors and assigns, by any prior failure to act do not waive or forfeit the right to take any action as may be necessary to ensure compliance with the terms, conditions, and restrictions ofthis Easement.

The City, its successors and assigns, have the right, with reasonable notice, to enter the Passive Open Space for the purpose ofinspection to determine whether I

REV. 8 2 19

the Grantor, or its successors or assigns, are complying with the terms, conditions and restrictions of this Easement. This right of inspection does not include the interior of any dwellings.

12.

The City may assign its rights under this Easement to any State or federal agency charged with the responsibility ofconservation of natural areas, or Open Space, or to any non-profit, tax-exempt organization engaged in promoting conservation of natural areas; and if such assignee shall be dissolved or shall abandon this Easement, or the rights and duties of enforcement or if proceedings are instituted for condemnation of this Easement, the Easement and rights of enforcement shall revert to the City; and ifthe City shall be dissolved and if the terms ofthe dissolution fail to provide a successor, then the City ofSuffolk Circuit Court shall appoint an apptopriate successor.

13. The Grantor agrees for itsel{ its heirs, in writing to the City of the names and addresses ofany Space is to be transferred, at the time oftransfer. 14. The City

n purposes,

agrees to hold this Easement.

and will not transfer the Easement in except as provided in and permitted by the

15.

This Easement shall be Open Space Land Act, to promote the Development Ordinance, and to including such purposes as

),6.

and assigns to give notice whom the Passive Open

Although

encouraging and convey a right to heirs, successors.

or sewices, Act. the purposes of the Virginia PIan and Unified purposes Revenue Code.

of this

Easement,

the public in ways recited above by ofgoit and management, it shall not be construed to .or use ofthe Passive Open Space, and tle Grantor, its exclusive rights to access and use,

tfid the terms, conditions, restrictions and purposes imposed shall be binding upon i[f!6tor, and its agents, personal representatives, heirs, assigns, The

#'""11

covenant5}eed

;rh*^r"r"J"*".Mi'i,

interest, and shall continue as a servitude running in

perpetuity with the above described land, notwithstanding any restrictions at common law on the terms ofeasements in gross, or their enforcement.

Notwithstanding any other provisions ofthis Deed of Easement, the City of Suffolk Unified Development Ordinance and other applicable statues, ordinances and regulations shall apply to the Passive Open Space and shall take precedence over this Easement to the extent that those rcquirements are more resfictive than the terms of this

17.

Easement.

The invalidity or unenforceability of any provision of this Easement shall not affect the vaiidity or enforceability of any provision of this Easement or any ancillary oI supplementary agreement relating to the subject ofthis Easement.

1g.

REV.8 2

[SIGNATI'RE PAGES FOLLOW]

REV. 8 2

GRANTOR:

Byt Name

Title:

COMMONWEALTH OF VIRGINIA, to-wit: CITY OF The foregoing instrument

by Bob Amette, of Meadows Landing

My cornmission -,20-_,

expi

REV. 8 2 19

w .

this

My Notary Registration

Notary Public

day of

Acceptance of this Deed by City of Suffolk;

political subdivision of the Commonwealth of

Virginia, pursuant to Va. Code Section 15.2-1803, is evidenced by the signature below.

City

Date:

COMMONWEALTH OF VIRGINIA, CITY OF

The foregoing instrument was

20-by

City of Suffolk.

My conrmission expires:

this_day

City Manager on behalf of the

My Notary Registration is

-----N;CtPuilnApproved as to Fonn:

@ Approved to Substance:

Director of Plar:ning and Community Development

REV. 8 2

EXHIBIT A

All

certain lot, piece or parcel of land, with the improvements thereon and the appufienances thereunto belonging, located in the City of Suffolk, Virginia, designated as "PASSIVE OPEN SPACE 1, PASSIVE OPEN SPACE 2 & PASSIVE OPEN SPACE 3"consisting 3.033 ac., all as shown on that certain plat entitled: "Subdivision of Meadows Landing, Suffolk, Virginia," dated,May 29,2020 and made by Blakeway, Surveying-engineering-environmental, Virginia Beach Vilginia, and recolded in the Clerk's Office of the Circuit Court for the City of Suffolk as Instrument Number 200006857.

REV. 8 2 19

AGENDA:

June 17,2020, Regular Session

ITEM:

Ordinance

An ordinance authorizing the City Manager to accept a Deed Open-Space Easement over the common passive open-space within the Cluster Subdivision Plat of Chuckatuck Cove, Tax Map Number 5, Parcel 3*OS*B; FS-2009-09

In that the easements over passive

coflrmon open-space in cluster development subdivisions preserue that land as open-space in perpetuity, it is recommended that the City accept such an easement in accordance with the Virginia Open-Space Land Act over the common passive open-space within the Cluster Subdivision Plat Chuckatuck Cove located offof Eclipse Drive within the Chuckatuck Voting Borough. Please be advised that the acceptance of this easement does not impact the taxing status of the subject passive common open-space.

Budget Impact:

The granting of this Open-Space Easement will not result in any addition to the OpenSpace Land Use Program that was previously repealed by City Council. Attachments: General Location Map Property Map Subdivision Plat of Chuckatuck Cove Proposed Ordinance Deed Open-Space Easement

Chuckatuck Gove

orthern GroMh Area MIXED USE CORE

CORE SUPPORT INNER-RING SUBU SUBURBAN RURAL CONSERVATION

RURALAGRICULTURAL VILLAGE User Name: bsmith Date:6/4D020

Chuckatuck Cove

I U*r

Name: bsmith

Date:

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ORDINANCE NUMBER

AN ORDINANCE AUTHORIZING T[fE CITY MANAGER TO ACCEPT A DEED OPEN-SPACE EASEMENT OVER THE COMMON PASSIVE OPEN-SPACE WITHIN THE CLUSTER SUBDIVISION PLAT OF CHUCKATUCK COVE, TAX MAP NUMBER 5, PARCEL 3*OS*B; FS-2009-09 WHEREAS, the Chuckatuck Cove Cluster Subdivision has been approved utilizing the cluster development use pattern as allowed under the Unified Development Ordinance; and,

WHEREAS, in accordance with Section 31-411(dX2) of the Unified Development Ordinance, the passive common open-space shall be preserved as openspace by a conservation easement that complies with the Virginia Open-Space Land Act; and,

WHEREAS, the Virginia Open-Space Land Act authorizes municipalities to accept conservation easements over passive common open-space.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section

Authorization.

The City Manager is hereby authorized to execute a "Deed - Open-Space Easement", in substantially the same form as attached hereto, to accept the conservation easement. Section

Findines.

City Council finds that the open-space easement satisfies the requirements of the

Unified Development ordinance and the virginia open-Space Land Act

and

hereby accepts the easement.

Section3.

Recordation.

A certified copy of this ordinance shall

be recorded, by the applicant, in the name of the property owner in the office of the Clerk of the Circuit Court of the City of Suffolk, Virginia.

This ordinance shall be effective upon passage and shall not be published or codified.

READ AND PASSED: TESTE:

Erika S. Dawley, City Clerk

Helivi L. Holland, City Attorney

Prepared by and Return to: Whitney G. Saunders, VSB 18947 Saunders

& Ojeda, P.C.

705 West Washington Street Suffolk, VA 23434

Account Number:

DEED OPEN SPACE EASEMENT Passive - Common Open Space- Cluster Development Use Pattern

THIS DEED OF EASEMENT is entered I(IRK-OLD. LLC, a Virginia lirnited liability

and

WHEREAS, Grantor is the fee \ designated "Passive Open and Space"), on that certain plat :r-**tleff SUFFOLK, VIRGINIA," Deed; and

nafui'al and

of the tract or tracts of

the

land

Space" (hereinafter "Open ION PLAT OF CHUCKATUCK COVE 5*3 CHUCKATUCK BOROUGH attached to and lecorded with this

rax i*un# [o

May, 2019 by to as "Grantor")

ion of

the Cornmonwealth of Virginia (the 'City").

(CLUSTER SUBD

day of

owned by the Grautor has environmental, scenic, a passive open space area; and

present state as

WHEREAS, iN of the purposes of the Open Space Land Act, Title 10.1, Chapter 17 of the Virginia Code, and as required by rhe City of Suffolk Unihed Development Ordinance, the Grantor is willing to grant a perpetual Open Space Easement applicable to the Open Space, restricting and lirniting the use of the Lnd, on the tems and conditions and for the purposes set forth below, and the City is willing to accept the Easement; and WHEREAS, the Grantor and the City recognize the value of the Open Space in its present state, and have a cornmo. purpose of consewing the Open Space, preserving the natulal character of the open Space, and preventing the use of devilopnient of thI open Space for anypurpose or in any manner which would conflict with rnaintenance in accordance with purposes of the open space Act and tlie city of Suffolk Unified Development Ordinance; and

WHEREAS, the City is authorized by tlre Open Space Land Act to accept, hold I

and administer the Passive Open Space Easement, and the City possesses the authority to accept and is willing to accept the Passive Open Space easement under the tenns and conditions described below, and the Grantor, for itself, its successors and assigns waives any objection to the perpetual nature ofthis easement.

all

NOW THEREFORE, for good and valuable consideration, receipt of which

parties acknowledge, and in cousideration of tl're mutual covenants and restrictions set forth below, the Cazntor conveys to the City and its successors and assigns forever and in perpetuity an Open Space Easement of the nature and character and to the extent

set forth below, applicable to the Passive Comrnon Open Space rnore particularly described in Exhibit A, for the purposes of preserving the inrportant features of the Open Space and rnaintaining pennanently the natural character ofthe Open Space;and The comrnitrnents, conditions and restrictions the purpose ofachieving these goals are set forth below:

1.This Easernent shall be perpetual. It is with the land as an incorpoleal interest in against the Grantor and its heirs, successors heirs successors and assigns waives any

to the Open Space, for'

gross, and shall run

le by the City The Crantor fol itself, its to the perpetual nature of the

Easernent.

2. There shall be no durnping of material. There shall be no or

or other area except as combating erosion. A unsightly matedal is not stotage ol clearing deblis 3. Mining, other matedals are

a. Maintenance

du*.

ol offensive in of any pond, wetlands, waterway, by applicable laws for the purpose of oftrash, refuse, junk, sludge or other garbage, waste

on lFOpen Space. There shall be no dutrping, Space of any stumps, brush, grass or other land

removal of [oam, gravel, soil, lock, sand, coal and as necessary for:

'excopt

ofexisting accesses; and

b. Construction and rnaintenance of accesses to uses and structures pennitted within the provisions ofthis Deed ofEasement. Accesses shall be designed and constructed to cause a minimum of interference with the existing topography, drainage, vegetation, wildlife, recreation and conservation purposes of the Open Space. 4. Rernoval, destruction and cutting of trees, shrubs, or other vegetatior.r is prohibited except as indicated on the Conceptual Plan and for:

Reasonable maintenance of existing accesses or construction and maintenance ofaccesses pennitted by this Deed ofEasement; or

Application ofgood management practices including the prevention or trcatment of disease; or'

Rernoval of only such vegetation as is reasonably necessary for construction and improvernents it substantial confounity with the Conceptual Plan and in accor.dance with this Deed ofEasement. 5. Thele shall be no activities or uses detrimental or adverse to water conservation, erosion control, soil consewatiolr and, subject to the pennitted uses, the preservation of wildlife habitat. 6. Use, developrnent and irrprovernent of the Open Space shall be pennitted only in accordance with the City of Suffolk Unified Ordinance and as depicted on the Conceptual Plan approved by the City o and referued to in Exhibit A. The Open Space sha1l not be further. vided, or couveyed in fee except as depicted in the Conceptual Plan, and as open space. 7. There shall be no alteration of the required for the coristructiolr of structurcs, confonnity with the Conceptual Plan or

of the

Space, except as improvernents in substantial to ptovide for permitted

uscs. 8. The features designated on the

woodlands and wetlands shall successot's or assigns substantially the same 9. The

for presewation, including all and preserved by the Grantor, its heirs,

on the Conceptual Plan, and in

e date ofexecution ofthis Deed. to itself, its successors and assigns the right to:

scenic, recreational and natumlistic uses of the Open

repair, restore, alter, r.emodel or replace the pennitted structurcs depicted on the Conceptual plan with structures of sirnilar size and purpose and construct any other improvernents depicted on the.Conceptual plan provided that the ciranges ar.e cornpatible with the conservation putposes ol the Open Spa-ce and all other provisions of this Easernent.

c. 10.

continue tlre use of the open Space for a[ purposes not inconsistent with this Easernent.

The parlies agree that monetary damages would not be an adequate

rernedy fnr tlre breaclr of any of trre terms, conditions and restrictions of this Easernent, and

therefore, in the event that the Grantot, its heirs, successors or assigrs, violate or breach any of these tenns, conditions and restrictio's, the city arrd

its successors

assigns,

may institute a suit and shall be entitled to enjoin by ex-parte temporary and/or pennanent injunction such violation and to require the rcstoration ofthe Open Space to a condition in compliance with this Easement. The C'ity, its successors and assigns, by any prior failure to act do not waive or forfeit the right to take any action as may be necessary to insure cornpliance with the tenns, conditions, and testrictions of this Easement.

il. The City, its successors and assigns, have flre right, with l.easonable notice, to enter the Open Space for the purpose of inspection to determine whether the Grantor, or its successors or assigns, are complying with the tenns, conditions and restrictions of this Easement. This right ofinspection does not include the interior ofany dwellings. 12. The City may assigr its rights under this ent to any State or federal agency charged with the responsibility of ofnatutal areas, or open space, or to any non-profit, tax-exempt organizatior.r conservatiott of natulal areas; and rf such assignee shall shall abandon this Easement, ot the rights and duties of are instituted for condenuation of this Easement, the of enforcemerrt shall revert to the City; and if the City shall be dissolved tenns of the dissolution faii to provide a successor, then the City of shall appoint an appropriate

successor,

13. The Grantot notice in wrtting to the Ci Open Space is to be

14. The purposes, and

ol setvices, ex

heirs, successors and assigns to give addlesses of any parties to whom the

this Easernent exclusively for conservation in exchange for money, other properly,

and pennitted by the Open Q:ace Land

Act.

'shall be construed to promote the purposes This of the Virginia Open Space Act, to promote the Comprehensive Plan and Unified Developme,t ordinance of the city of Suffolk, and to promote the conseryation purposes of this Easement, including such purposes as defined in the Intemal Revenue

15.

Code.

16. Although this Easernent in gross will benefit the public in ways tecited above by encouraging and requiring elements ofgood land managernent, it shall not be construed to convey a riglrt to the public of access or use of the open Space, and the Grantor, its

hei,',

successors and assigus shall retain exclusive rights io a""ess arid us".

. T.h"..9_rgnants agreed to a-nd the tenns, couditions, restrictions and purposes imposed shall be bi'ding ,ot only upo, the Grantor, but also its agents, p"r*onut representatives, heirs, assigns, and all other successors to it in intel.est, 'u,ia

.nuii continue as a servitude running in perpetuity with the above descr.ibed ranci, notwithstandi,g any restrictions at corunon law on the terms of easernents in gors, or

their enforcement.

17. Notwithstanding any other provisions of this Deed of Easernent, the City of Suffolk Unified Development Ordinance and other applicable statues, ordinances and regulations shall apply to the Property and shall take prccedence over this Easernent to the extent that those requirrements are more r.estrictive than the tenns of this Easemeut.

18. The invalidity or unenforceability of any provisior of this Easernent shall not affect the validity or enforceability of any provision of this Easement or any ancillary or supplementary agrcement relating to the subject ofthis Easement.

KIRK-OLD, LLC, a

Virginia limited

l.!

By:

COMMONWEALTH OF VIRGINIA] CITY OF SUFFOLI(,

company.

My comrni My Notary

before me this

a\ W

20t9,by

day of

'of Kirk-Old, LLC, a Virginia lirnited liability

Notary Public

Acceptance

of this

Deed

by City of Suffolk; a political

subdivision

the

Commonwealth of Virginia, pursuant to Va. Code Section 15.2-1803, is evidenced by the signature below.

Date:

COMMONWEALTH OF VIRGINIA, CITY OF SUFFOLI( to-wit:

The foregoing instrument

o O

My cornmission expires:

me this day of May, on behalf of the City of

was

2019 by Suffolk.

My Notary Registration

City of Suffolk Attorney's Office

to Substance:.

Cityrs Address: City Manager P.0. Box 1858 Suffolk, Virginia

23439-1858

Notary Public

AGENDA:

June 17,2020, Regular Session

ITEM:

Resolution

- A resolution in support of the redesignation of local workforce developments, the Greater Peninsula Workforce Board and the Hampton Roads Workforce Council, into a new single local workforce development area

There are currently two local workforce development areas (LWDA 14 and LWDA 16) serving Hampton Roads. The Greater Peninsula Workforce Development Board oversees area LWDA 14 and the Hampton Roads Workforce Council oversees area LWDA 16. The Workforce Innovation and Opportunity Act, recently passed, provides for the opportunity to combine areas if the opportunity presents itself. As such, Hampton Roads Area LWD A 14 and LWDA 16 are working towards that result. For consideration, attached is a resolution of support for this

initiative.

RECOMMENDATION: Approve the attached resolution

ATTACHMENT: Resolution

RESOLUTION NUMBER

20-R-_

A RESOLUTION IN SUPPORT OF THE REDESIGNATION OF LOCAL WORKFORCE DEYELOPMENTS, THE GREATER PEMNSULA WORKFORCE BOARD AIID THE HAMPTON ROADS WORKFORCE COTINCIL, INTO A NEW SINGLE LOCAL WORKFORCE DEVELOPMENT AREA WHEREAS, under the Workforce Innovation and Opportunity Act (WIOA), Public Law areas (LWDAs) within a planning region that want to redesignate into a single LWDA shall be given the opporrunity to do so; and,

ll3-128,local workforce development

WHEREAS, the Virginia Board of Workforce Development's Policy, Number 200-07, entitled, "Process for Requesting LWDA Redesignation: Redesignation Assistance," efflective July 1,2017, prescribes the process to be followed when a unit or a combination of units of political subdivisions request redesignation of their LWDAs as provided under WIOA; and WHEREAS, the subject properfy has no access to a public street or highway and will require the construction of a new roadway to connect with Holland Road, Route 58; and, WHEREAS, the Greater Peninsula Workforce Board (GPWB), tasked with overseeing the delivery of workforce services within LWDA i4 and the Hampton Roads Workforce Council (HRWC), tasked with overseeing the delivery of workforce services within LWDA 16, are part of one regional economic ecosystem serving the fifteen political sub-divisions of Southeastern Virginia; and

WHEREAS, in September 2018 the GPWB and HRWC executed a Resolution establishing the Southeastern Virginia Regional Workforce Collaborative whose purpose was to address the needs of area employers through a collaborative regional approach, focused upon business engagement strategies, communication efforts, program development, provision of labor market intelligence, veteran transition support and emerging workforce initiatives; and WHEREAS, the work of the Collaborative has resulted in a significant number of successful undertakings to include the creation of a Joint Business Services Team that has assisted over 4,000 employers, the implementation of a fundraising initiative which raised over $250,000 in new private resources, the award of a $100,000 GO Virginia Grant to establish the Hampton Roads Coalition for Talent, and the publication of a regional economic impact report that concluded there was a $4.30 retum on investment for each $1.00 spent by the region,s two workforce boards; now, therefore it is NOW, THEREFORE, BE IT RESOLVED that the request of the GPWB and HRWC to be re-designated into a new, single LWDA to oversee the delivery of workforce development services within the fifteen political subdivisions located within Southeastern Virginia, as prescribed under WIOA, be approved for submission to the Virginia Board of Workforce Development and subsequent action by the Govemor of the Commonwealth of Virginia.

READ AND ADOPTED:

TESTE:

Erika S. Dawley, MMC, City Clerk

Approved as to Form:

Helivi L. Holland, City Attorney

Staff Reports

Coronavirus Update- The City Manager or designee wiII provide an updated related to COVID-19

A motion to move the start time, for City Council Meetings in July and August, 2020, to 6:00 p.m., unless cancelled

A motion to schedule a City Council Work Session for Wednesday, July 1, 2020, at 4:00 p.ffi., unless cancelled

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