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HomeMy WebLinkAboutJUNE 20, 2023 FORMAL SESSION MINUTES 44'7,-- stio,-,A, Op OUR too VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 20, 2023 Mayor Robert M Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,June 20, 2023, at 12 03 P M Council Members Present Mayor Robert M Dyer, N D "Rocky"Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent Michael F Berlucchi—Arrived at 12 07 P M Barbara M Henley—Arrived at 12 26 P M 2 CITY COUNCIL'S BRIEFINGS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM ITEM#74343 12:04 P.M. Mayor Dyer welcomed Dr. Shirley Auguste, Executive Director. Dr. Auguste expressed her appreciation to City Council for their continued support: CHESAPEAKE BAY ASAP rt 868 N.NEINTOWN ROAD,VIRGINIA BEACH,VA 23462 INTRODUCTION •Greetings •location •Thank You • -. June 20, 2023 3 CITY COUNCIL'S BRIEFINGS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM ITEM#74343 (Continued) The Alcohol Safety Action Program (ASAP) is Regional Commission with members representing Virginia Beach, Norfolk and the Eastern Shore: WHAT IS ASAP? •ASAP •Commission *Policy Board The Purpose/Mission of ASAP is to improve highway transportation by reducing drug and alcohol related accidents: PURPOSE/MISSION •What is the Purpose/Mission of Chesapeake ASAPBay June 20, 2023 4 CITY COUNCIL'S BRIEFINGS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM ITEM#74343 (Continued) HOW DO PEOPLE GET INTO THE PROGRAM? •Court Ordered •DMV •Program A QUESTIONS? Comments......... www VASAP.Virginia.Gov Sauguste@CbesBayASARorg Mayor Dyer expressed his appreciation to Dr. Auguste for the presentation. June 20, 2023 5 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 12:08 P.M. Mayor Dyer welcomed Andrew Block, Director — State and Local Government Policy Clinic at the University of Virginia School of Law, Kara S. Fitzgibbon, Director of the Center for Survey Research Weldon Cooper Center for Public Service and Charles W. Hartgrove, Director — Virginia Institute of Government University of Virginia's Weldon Cooper Center for Public Service. Mr. Hartgrove expressed his appreciation to City Council for their continued support: JUNE 20,2023 Virginia Beach's Local Election System Engagement Outcomes and Recommendations Here is the Purpose of Initiative: INTRODUCTION Purpose of Initiative As the City considers the future of its electoral system,this initiative will... • Engage Virginia Beach residents,capture community-wide input • Inform City Council of independent legal review and research findings • Increase awareness of local electoral process for Virginia Beach/general public 2 fiWIaV',��'MII:sRY ru�i wn.cm,K V4�I,n� h.,1'Wir.Mir June 20, 2023 6 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) INTRODUCTION Multi-phase Research Approach • City-wide survey • Public community listening sessions • Review social science research on electoral systems • Review federal and state election law The next three(3)slides introduce "The Team": THE TEAM Law Consultants BERTRALL ROSS ANDREW BLOCK CYNTHIA HUDSON Justice Thurgood Marshall Associate Professor of Law, Managing Attorney Distinguished Professor,Law General Faculty Eppes-Hudson I av:.PLC Director,Karsh Center for Law and Director,State and Local Democracy Government Law Clinic -12,7Y ):',T faq,c.frnu, QVHS3INIA v,Ivwesrn,ra June 20, 2023 7 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) THE TEAM Researchers & Facilitators kii:. : , .. ..,:,,,:i-,,,.•- i i. ,4 1110 CHARLES HARTGROVE KARA FITZGIBBON ALYSSE DOWDY Director Director Leadership Development Coord. Virginia Institute of Government Center for Survey Research Virginia Institute of Government Weldon Cooper Center Weldon Cooper Center Weldon Cooper Center ® "'VIRGII�41 U�1�VERSI7Y �..i.i�ti:..'r"::"'" THE TEAM Researchers & Facilitators Pr * . 4( CAROLYN DILLARD CHARNIELE HERRING JANE DITTMAR University-Community Liaison Delegate Mediator/Facilitator UVA Division for DEI Virginia House of Delegates Virginia Institute of Government is lilliE June 20, 2023 8 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) Mr Hartgrove turned the presentation over to Mr Block to provide an overview of the City's Election History To Begin: Virginia Beach Election History • In 1963 Virginia Beach merged with Princess Anne County • In 1966 the General Assembly adopted the at-large system with residency requirements for Virginia Beach that was at issue in Holloway • From 1966-2021 only 6 candidates of color were elected to City Council • In 2021,the Holloway v City of Virginia Beach ruling directed the City to implement 10-1 single-member district system • In 2022,the 4th Circuit vacated the ruling,finding that it was moot due to the passage of HB 2198 • In 2022,Virginia Beach held first local election under 10-1 system,electing three candidates of color to City Council 7 =� NIvEItsn'Y hum! iu c1NU� Mr Block turned the presentation over to Ms Fitzgibbon to provide the survey results Community Survey June 20, 2023 9 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) The next several slides provide results based on 623 completed surveys: Survey Design Mixed-probability, multi-mode in multiple languages 4,500 Sample size -Statistically generalizable Pro bility-based 623 completed surveyAB o -Results presented -Margin of error+/-4.3/o are weighted Mail and web probability responses 1,489 #who completed survey Non-probability, open source Web and paper questionnaire upon request g 11.A�1li RSIT w\IIdG1�L1 r.r.nr sr.tir Demographic Overview Local District Gender Race/Ethnicity 1 10.5% 50.6% Man 18.9% Black/African 2 9.8% American 3 10.3% 49.4% Woman 5.0% Hispanic 4 8.9% Education 7.5% Asian 5 10.0% 63.2% White 6 10.5% 8.9% High School 7 10.1% 26.5% Associates 5.5% Multiracial/ Another race ° 8 10.1/0 35.6% Bachelors 9 10.5% 29.0% Graduate 10 9.5% 10 nr l ;rrc<rn June 20, 2023 10 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) Familiarity with Recent Election Systems 2022 Familiarity Support of Election 10-1 vs. 2022 10-1 Experience 7-3-1 District Map 1% NEGATIVE al FAMILIARITY 41■5% APPROVE BETWEEN SYSTEMS 7% SURPRISED 66%AWARE OF DISTRICT 43■9% NEUTRAL BY BALLOT ITEMS (24A not aware& 10%unsure) 14.5% DISAPPROVE 11 uNivERsiIY „Ai-r,".,,Nr",m Satisfaction with Recent Election Systems Which system better represents your interests? 44% 10-1 better represents interests 19% 7-3-1 better represents interests 37% both systems represent interests about the same 12 PI uNiIBRsir „d,innen•p„C„„,, VIRGINIA\ i,v P„I.Scn'r, June 20, 2023 11 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) Election System Preferences Increase Number of number of Ranked choice Council seats districts voting Y SOME 16% FOR INCREASING Familiarity 37% SUUPPORT 20% 42% EXTREMELY/VERY NOT AT ALL OPPOSE 21% FOR DECREASING Support 66% FOR KEEPING 26% 46% 28% THE SAME SUPPORT OPPOSE NOT SURE 13 Election System Preferences: City-wide Voting Your district's Council Some Council All Council member elected city- members elected city- members elected wide A wide city-wide V Y 30% SUPPORT 45% SUPPORT 29% SUPPORT 62% OPPOSE 42% OPPOSE 62% OPPOSE 14 Tu tJ}'/IRGIvERS1 I\IAry ` June 20, 2023 12 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) Election Systems Going Forward Referendum to Keeping 10-1 explore other election systems 81% 63% SUPPORT SUPPORT 69%strongly or 45%strongly or moderately support moderately support 19% 37% OPPOSE OPPOSE • 15 it tJ,\J VJ:I25I11' �\�IRGINIA r•• Community Sessions June 20, 2023 13 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) Ms. Fitzgibbon turned the presentation over to Mr. Hartgrove to provide the Community Input Session results: Our Approach Community Input Sessions • The Virginia Institute of Government(VIG)team facilitated ten in-person and two virtual community input sessions. A session was held in each Council district. • The facilitation team included: • Jane Dittmar-Lead Facilitator • Carolyn Dillard • Alysse Dowdy • Charniele Herring RCdt�N Here is the timeframe of the twelve(12) Community Input Sessions: TIMEFRAME 12 Community Input Sessions MARCH APRIL 25 27 29 31 2 Bayside MEO Central William Bow Creek Recreation Fairfield Library Farm Recreation Center Elementary Recreation Center School Kellam High Center 26 School 1 virtual 28 30 ATC 3 Ocean Lakes Virtual High School College Park Elementary First Colonial School High School 18 FM \'ii II\I\ June 20, 2023 14 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) There were approximately 708 participants Participation & Logistics • Approximately 708 total attendees participated either in-person or virtually • For the in-person sessions,citizens could attend via live stream and make comments • Sessions were held at various times of day,different days of the week,and two entirely virtual sessions were held and facilitated • Facilitators made sure everyone felt included,listened to,and appreciated 19 11 q,\'IRc[NT!\ The majority of participants supported the 10-1 voting system Theme: Support for 10-1 System MAJORITY OF PARTICIPANTS WHO SPOKE WERE IN SUPPORT OF THE 10-1 SYSTEM • Has improved the representativeness of City Council • Leads to more responsiveness from City officials to localized,neighborhood level concerns • Makes running for public office more accessible—less campaign spending • Improves accountability of elected officials to residents by alleviating concern that candidates elected in an at-large system will cater to real estate developers and other powerful,well-resourced interests 20 i �\I\i?.RSI1l' g'it i IV"' June 20, 2023 15 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) Theme: Some Concerns with District System FOR THOSE WITH RESERVATIONS • Some parents may not make the effort to vote for district representative on School Board(because students can attend schools outside home district) • The way districts were drawn is not fair/representative • City residents were having their votes"diluted"because they would be voting for fewer candidates on their individual ballots • If district representative is not responsive,an at-large Council could mean that one could contact multiple elected officials with concerns U'uVL"RSITv! 21 iwug �1`;IRGINW f Mr Hartgrove turned the presentation over to Mr Block to provide the Social Science Research results Social Science Research June 20, 2023 16 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) Single Member Districts are more likely to elect people who represent the City s demographics District Composition: Variations and Impact Single Member Multi-Member Districts(SMDs) Districts(MMDs) What Voters elect only one Voters elect more than one representative representative(aka"at-large") Impact • more likely to elect diverse • more likely to elect women bodies and elected officials representatives from underrepresented bodies • connection between SMDs • connection between MMDs and political responsiveness or and political responsiveness or voter engagement unclear voter engagement unclear 23 i u,V1 t51"I 1' "It„C,n Here are Definitions VOTE COUNTING METHODS Definitions: • Plurality Candidates win when they receive more votes than competition • Ranked Choice Used in single member districts Allows voters to rank candidates and,typically, candidate only wins when they receive more than 50%of the vote • Single Transferable Vote Like Ranked Choice,but used in multi-member districts Winning thresholds can vary 24 in Llywetsrn' June 20, 2023 17 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) The next three(3)slides provide the Impact of Vote Counting Methods IMPACT OF VOTE COUNTING METHODS Elected Body Composition • Because some of the systems are new,research is still emerging • Research suggests that Single Transferable Voting and Ranked Choice Voting(in order)are more likely to produce elected bodies that are demographically and politically representative of the voter population than plurality voting 25 riTILIEWAY n,ir,,,:,,`,,Hr, IMPACT ON VOTE COUNTING METHODS Responsiveness • Impact of vote counting methods on responsiveness of elected officials is less clear (and less studied) • However,due to the need for more candidates to appeal to wider swath of voters, it may follow that a Ranked Choice system is more likely to cause elected officials to be more responsive and more known to voters 26 LNivErsnl `rel:lon C'vrer c, , June 20, 2023 18 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) IMPACT ON VOTE COUNTING METHODS Engagement • Ranked choice voting has been found to increase young voter engagement due to increased campaign contacts • Research also suggests that ranked choice voting increases value of each vote and subsequent voter satisfaction 27 Uy lV1;ItSfll' In Sum... • To help ensure a City Council representative of the population— Single member districts,as court ordered and used in the 2022 elections,are the better choice • To increase voter engagement and satisfaction— City Council may,in the future,also want to consider adopting a ranked-choice voting method 28 n 1Jr�v Rs!n \cline C w•,Cenicr \•1RGIKI.4 Pidd,.Jer.,:e June 20, 2023 19 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) Legal Research The next four(4)slides provide an overview of how federal law applies to elections FEDERAL LAW The Constitution 14th Amendment • "No State shall deny to any person within its jurisdiction the equal protection of the laws" • Interpreted by Court to require"one person,one vote" • Prohibits districting schemes that"designedly or otherwise operate to minimize or cancel out the voting strength of racial or political elements of the voting population" • Voting districts must be"equal"in population • Generally prohibits the predominant consideration of race in the drawing of district lines 30 !IiIi!lr',EA n ;:!1t,;;:,c`°„` June 20, 2023 20 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) FEDERAL LAW The Constitution 15th Amendment • Section 1 The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race,color,or previous condition of servitude • Section 2 The Congress shall have power to enforce this article by appropriate legislation • Prohibits the purposeful denial or abridgment of the freedom to vote"on account of race,color,or previous condition of servitude" 31 it LJ\�uiG\IA ‘.•i;i:i=1 Ccniri FEDERAL LAW The Voting Rights Act Section 2 • Prohibits the imposition or application of any"voting qualification, prerequisite to voting,standard,practice,or procedure that results in the denial or abridgement of the vote on account of race or color" • Prohibits states and jurisdictions from diluting the voting power of members of minority groups through the creation or maintenance of at-large or multi-member districts Such dilution is also referred to as"submersion" 32 nliiGI\rr Un'i zsr \' U\ I io-PuLlic Sereac June 20, 2023 21 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) FEDERAL LAW The Voting Rights Act Judicial Interpretation • As a precondition for finding that minority voting power has been diluted by an at-large or multi-member districting scheme,courts consider whether there is a minority group that is large and politically cohesive enough to constitute a majority in a single member district and whether the white majority usually votes as a bloc to defeat the minority-preferred candidate • Courts then consider the"totality"of the circumstances to determine whether the at-large or multi-member districting scheme violates the Voting Rights Act Those circumstances include the history of discrimination and policy responsiveness to minority communities in the jurisdiction The next four(4)slides provide an overview of how state law applies to elections VIRGINIA LAW The State Constitution Article II Article II of the Constitution of Virginia provides guidelines and requirements for all aspects of voting and elections,ranging from voter qualifications to redistricting and apportionment requirements and processes 34 ... UNIVERSITY!\V,w.c.,,;<,Ce,u.•r HAIIVIRGINIA IJc.PubGcSrnl.c June 20, 2023 22 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) VIRGINIA LAW The Virginia Voting Rights Act • Similar to Federal voting rights act • Allows Virginia voters to bring claims in state court • Allows Attorney General to enforce the act • Requires"preclearance"when locality wants to change electoral process • Local publishing and public comment,or • Get approval from Attorney General 35 VIRGINIA LAW Additional Statutory Requirements • State law permits plurality or ranked choice voting • State law prohibits at-large elections with specific district residency requirements for candidates • Districts using anything other than entirely at-large systems must review their district boundaries every ten years 36 Ai An- IVERSI'll' VIRGINUI n 1'u6hc5<n;a June 20, 2023 23 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) VIRGINIA LAW Referendum for Charter Amendment A referendum election to determine if voters wish to amend the City charter to provide for a new election system requires 1 A duly adopted City Council resolution/request supporting entry of a circuit court order for a referendum election on voters'choice of election system 2 That the Council resolution be filed in the Virginia Beach Circuit Court 3 That the referendum ballot question(s)be in'plain English'and answerable'yes' or'no' 4 That the court enter an order setting a referendum election on a date that is at least 81 days after the date the order is entered 37 ii a U:NifRGINIAvlats rn•j Mr Block turned the presentation over to Mr Hartgrove to provide the Conclusions Conclusions June 20, 2023 24 CITY COUNCIL'S BRIEFINGS ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE ITEM#74344 (Continued) Conclusions Retain 10-1 system implemented in 2022 • Supported by majority of residents who provided feedback • Consistent with social science research • Compliant under federal and state law 39 illll�i i gnvLrry ��m,,;,c,,,,,,c,a•,;«, \� rsIr2GIN IA Questions? Mayor Dyer expressed his appreciation to Mr Hartgrove,Mr Block and Ms Fitzgibbon for the presentation June 20, 2023 25 CITY COUNCIL'S BRIEFINGS INDEPENDENT CITIZEN REVIEW BOARD UPDATE ITEM#74345 1:18 P.M. Mayor Dyer welcomed Melissa Zibutis, Chief of Staff— City Manager's Office and Johnathan Torres, Community Affairs Liaison. Mrs. Zibutis expressed her appreciation to City Council for their continued support: Independent Citizen Review Board Update to City Council Melissa Zibutis,Jonathan Torres,and Shelley Johnson ICRB Staff Liaisons June 20,2023 Here are the Independent Citizen Review Board(ICRB)Members: Independent Citizen Review Board Members • Christine"PJ"Caalim • Michael J."Mike"Kelly • Corinna L."Cori"Craver • James A."Jay"Leach • Paullette Diaz-Reed • Thomas F.Lewis • Latonya D.Ferguson • Annabelle S.Paffrath • Charles D.Frost • VACANT(1) • Valerie T.Grissom I,depeMenICffi Review A'IN-Up44 roCMCau.ai 1 June 20, 2023 26 CITY COUNCIL'S BRIEFINGS INDEPENDENT CITIZEN REVIEW BOARD UPDATE ITEM#74345 (Continued) Here is the Background: Background Appointment of the CRPTF to recommend to Legislation for Localities Adoption of the CRPTF's to establish an ICRB City Council a path Recommendations forward to establish an ICRB S Convening of the group ICRB Training and Ride- Appointment of ICRB as a Board A-Long Time Members IndepeMeot 3.3 aew.Boar-Update to Gty Counal 3 Here is a list of topics ICRB Members completed: Training ICRB members have completed their training prerequisites of approximately 45 hours of instruction and 10 hours of ride-a-long experience. Training Curriculum: MILO Po ce Simulator Data Driven Polk!?- .dy Worn Cameras Constit; Patrol Techniques Traffic Enforcement Internal Affairs `. Response to Mental Health Indepandant Cnittn Revrw Boar-update to ON Counal I a _. June 20, 2023 27 CITY COUNCIL'S BRIEFINGS INDEPENDENT CITIZEN REVIEW BOARD UPDATE ITEM#74345 (Continued) First Meeting ✓ Welcome and Introductions ✓ Reviewed and Approved the Board Policies ✓ Reviewed and Signed the NACOLE Code of Ethics ✓ Discussed the Board Chair/Vice Chair Nomination Process V. Set the Topics for Future Meetings dap.de tce,.e Re.,�B�.d Upde<eto<,nC t!I B Here are the Next Steps for ICRB Members: Next Steps for ICRB Members ❑ Elect a Board Chair and Vice Chair ❑ Review Laws Applicable to Board Members(FOIA,COIA,City Code) ❑ Review and Discuss the Options for Board Coordinator Reporting Structure ❑ Establish a Meeting Cadence 0 Make Recommendations to City Council on Board Coordinator Structure 0 Host a CRPTF/IRP Panel Q&A Discussion 0 Host an IRP/Internal Affairs Practice Case Review 0 Self-Guided NACOLE Webinar Trainings 0 Hire a Board Coordinator in alignment with City Council decision 0 Transition from IRP to ICRB IndepeNentCltf[en Reeiew Boer-Update to City Council 6 June 20, 2023 28 CITY COUNCIL'S BRIEFINGS INDEPENDENT CITIZEN REVIEW BOARD UPDATE ITEM#74345 (Continued) The next two (2) slides provide Ways Citizens Can Report Concerns Today: Ways Citizens Can Report Concerns Today - VBPD • For complaints submitted through the Police Department,once the investigation has been finalized,the complainant will be notified of the findings in writing by the Commanding Officer of the Internal Affairs Bureau. • Complainants that are not satisfied with the finding may request a review by the Virginia Beach Investigation Review Panel within 30 calendar days from the date that the Police Department findings are mailed to the complainant. Ways Citizens Can Report Concerns Today — City Manager's Office • Alternatively,citizens may also file their complaint with the City Manager's Office. • Complaints filed in this manner will be referred to VBPD's Office of Internal Affairs for investigation and a representative and/or supervisor from VBPD may contact the complainant for further information or added statements in accordance with best practices of conducting a thorough and professional investigation. • At the conclusion of the investigation,Internal Affairs will report the findings to the City Manager. The City Manager's Office will follow-up with the complainant. June 20, 2023 29 CITY COUNCIL'S BRIEFINGS INDEPENDENT CITIZEN REVIEW BOARD UPDATE ITEM#74345 (Continued) How you can connect with the ICRB Staff Liaisons Melissa Zibutis,Jonathan Torres, and Shelley Johnson Email:vbICRBONbeov.com Website:www.vireiniabeach.eov/icrb Phone:757-358-4242 RREEEHTRTION HOME 9 Questions? Mayor Dyer expressed his appreciation to Mrs. Zibutis and Mr. Torres for the presentation. June 20, 2023 30 CITY MANAGER'S BRIEFINGS RECYCLING PROGRAM UPDATE ITEM#74346 1:40 P.M. Mayor Dyer welcomed L.J. Hansen, Director — Public Works and Tiffany Russell, Director — Communications. Mr.Hansen expressed his appreciation to City Council for their continued support: Recycling Update U Hansen/Tiffany Russell I June 20,2023 VIRGINIA BEACH The next four(4)slides provide an overview of the City's Recycling Contract: • Recycling services are provided to residents,the oceanfront, and City departments • Automated (95 gallon)Cost per home/per month is Virginia $2.93 (Included in the Refuse fee) Beach • Manual (18 gallon) Cost per home/per month is Recycling $3.01 (about 450 townhomes) • Average number of homes receiving curbside recycling services: 125,000 June 20, 2023 31 CITY MANAGER'S BRIEFINGS RECYCLING PROGRAM UPDATE ITEM#74346 (Continued) •Waste Management (WM) manages two recycling centers. Using two compactors at each site,WM hauls the recyclable material to TFC for processing. Cost-$5.48 per ton Virginia • City Offices/Buildings (Paid by city department. Beach Price dependent on level of service. Municipal L Recycling offices are serviced by WM) • Resort area recycling services, May 1-Sept 30 (Paid by Beach Ops. Serviced daily, by TFC, throughout the event season) • Total price for services $4.66M annually vB Term: Nov. 1, 2017—June 30, 2024. Notice required one- year from natural termination if either party desires to extend. If no notice,the agreement ends June 30, 2024. Contractor provides all equipment, labor and materials Recycling necessary to provide curbside, drop-off, and resort Contract area recycling services to the City and perform other relates services. Price structure: monthly price per residence with container services at drop off locations and city buildings and service at Resort and Sandbridge in Summer. Contract schedule of values is 90% residential service. June 20, 2023 32 CITY MANAGER'S BRIEFINGS RECYCLING PROGRAM UPDATE ITEM#74346 (Continued) Five Key Steps in Recycling • 410 Recycling ••• a Process Milt "� • • End Haulers • 0 `C c ■1 �, Reprocessors Sorters au M Nan-mpl•bble amateriel t.dr ld d b IdSIl 80%of recyclables are transported to China: China a� _ j. • China became the primary destination ` \ ° for 80% of recyclables (Reprocessors) °~4. since the 1960's due to several factors: � `^F�� l' s�itol r N . ,� ,�: ','�, �,,.`,/,-., .'< ➢ Rapid industrialization and economic N ` . growth i Ili g., •,l ��. • t ' ➢ Availability of cheap labor If �i• _t ➢ Low transportation costs i. ,,, 1 ' ➢ Loose environmental regulations , ,?.�, t ➢ Profitability of the recycling industry t: . rof tic ' ve June 20, 2023 33 CITY MANAGER'S BRIEFINGS RECYCLING PROGRAM UPDATE ITEM#74346 (Continued) National Sword • The National Sword policy,implemented by China in 2018,aimed to address environmental concerns and improve the quality of imported recyclables.. • China tightened its quality standards for imported 1 I' ,l.. recyclables, particularly paper and plastic materials. Q° • The policy restricted the import of certain types of low-quality recyclables,creating a significant disruption in global recycling markets. • This policy disrupted the world-wide recycling effort and created economic conditions that were prohibitive to the existing recycling structures The next few slides provide charts with the types of materials generated annually and the costs: Average Generation per Single Family Household per Year Material Pounds of Annual Percent of Generation Generation Cardboard 120 15.8% Mixed Paper 277 36.6% Aseptic&Gabletop Containers 7 0.9% PET Softies 55 7.2% ,00 Non bottle PET 12 1.6% HDPE Natural Bottles&Jars 12 1.5% HDPE Colored Bottles&Jars 16 2.1% Non-bottle HDPE Containers 2 0.2% Polypropylene Containers 20 1.7% Other Plastic Containers(43,4,6,7) 13 2.6% Bulky Rigid Plastics 24 3.2% Glass Containers 150 19.8% Steel Cans 22 2.9% Aluminum Cans 22 2.9% Aluminum Foil d.Trays 7 0.9% Total Pounds/HH 757 100% The R.cyc ... ... �)DarUersh 6png June 20, 2023 34 CITY MANAGER'S BRIEFINGS RECYCLING PROGRAM UPDATE ITEM#74346 (Continued) The Commingled Ton: An Illustration of Material Value and Costs from the MRF Perspective %of Outbound Materials Price/Ton Weighted Value In Commodity iponnennlo,Nanonoi Avero2 (May 2023) Commingled Ton Cardboard 19.50% $43.75 $8.53 Mixed Paper 37.50% $11.13 $4.17 Cartons/Aseptics 0.10% $0 $0.00 Aluminum Cans 1.30% $1,431.20 $18.61 Steel Cans 1.80% $317.91 $5.72 Glass 18.80% ($24.69) ($4.64) PET 3.90% $285.40 $11.13 HDPE Natural 0.90% $1,483.20 $13.35 HDPE Colored 1.00% $310.60 $3.11 3-7 Plastics 1.10% $15.60 $0.17 Mixed Rigid Plastics 0.40%. $72.60 $0.29 Residue 13.7% ($70.00) ($9.59) zZ Total 100.00% $50.85 L ' Processing Cost: $75_00 Today's Net Value Profit(Loss) ($24.15) Local vs National Standards VIRGINIA BEACH I Curbside Recycling Marketing Report MA 7023 MARKETING OF SINGLE STREAM MATERIALS ..--•.- AVEn o Material MaterialI Index Marxel Muni tons M ''''' Preis ted Value Mir(tnn Aluminum Cans 0.77% 16.3 5 1.a00 5 22,768 Mixed Paper 21.92% 463.0 5 15 S 6,945 OCC all(cardboard' 19.59% 413.8 5 S0 5 20.688 PETS e1(plastic bevera3e battles) 1.48% 31.3 5 305 5 9,534 Steel Cans 0.90% 19.0 5 275 5 5.227 Glass(Includes transportation) 10.70% 226A 5 (22) $ (4.8951 HOPE Natural(clear plastic containers) 0.38% 8.0 5 1.585 5 12.721 HOPE Colored(colored plastic containers) 0.42% 8.9 5 370 5 3.282 Residue(Includes transportation) 43.84% 925.9 5 (671$ 162.177; Per Ton i Totals 100.00% 2.112.1 34 S 6.67 June 20, 2023 35 CITY MANAGER'S BRIEFINGS RECYCLING PROGRAM UPDATE ITEM#74346 (Continued) The Commingled Ton Over Time: 2010 to 2020 Blended Value$/Ton $1m.0o s9aa0 If Processing Cost= MOO $75/Ton iraoo seaw MOO MOO MOO s2oao moo som l L �L 9 h b b 9 h h b b �1 �era+1 �t, �4 �?49 ry0 10 g o° v oe c 9 to". O 2072 Ine Recrccno Wnnennp.Inc Th• W • Do nothing is NOT an option. We can stay the course, but it will cost more • We are not alone Where to-Next? • Communities across the country (and in our own backyard) are grappling with this • Competition in our region is non- existent va June 20, 2023 36 CITY MANAGER'S BRIEFINGS RECYCLING PROGRAM UPDATE ITEM#74346 (Continued) Here is, "What are we potentially looking at?": • The expectation is that our monthly fee will rise to almost double what it currently is. • Recent contracts have looked like: I What are we $3.80-$4.00/house/month + potentially $95/ton for processing looking at? • One locality collects their own and pays $120/ton for processing NIB Here are Potential Options to Consider: • Exchanging curbside collections with community convenience centers • Converting City-based curbside to Some Potential resident-based subscription service Options to Consider 11 • Allowing residents to opt-in/out of City-based curbside • Separate collections from processing • Make no changes —Other options? vs June 20, 2023 37 CITY MANAGER'S BRIEFINGS RECYCLING PROGRAM UPDATE ITEM#74346 (Continued) The next few slides provide what other localities are doing: • Exchanging curbside collections with community convenience centers • Reduces costs of collections Decreases the amount of What other contamination localities doing— • Simplifies the material stream Convenience Centers? . Less convenient • Less material will be collected vs • Converting curbside collections to subscription-based (Private subscription) • Dramatically reduces costs to municipality What other • Decreases the amount of localities doing— contamination Private Subscription Less convenient—all burden is on the resident • Less material will be collected More expensive— heavy impact to financially challenged communities VB June 20, 2023 38 CITY MANAGER'S BRIEFINGS RECYCLING PROGRAM UPDATE ITEM#74346 (Continued) • Converting curbside collections to opt-in Moderately reduces costs to municipality Decreases the amount of What other contamination localities doing— Opt-In : How to bill —all residents the same? _., vB • Separate collections and processing • Allows for flexibility in collections (may use City staff/trucks or contract) Potential to reduce the amount of What other contamination localities doing— • Separates collection costs from Separate collection processing— potentially increasing the from processing potential for competition • Creates two separate elements to deal with uB June 20, 2023 39 CITY MANAGER'S BRIEFINGS RECYCLING PROGRAM UPDATE ITEM#74346 (Continued) • City staff are meeting with staff from other localities to discuss what potential benefits may exist • What about • All contracts are not in alignment regionalism? (timewise) • Procurement may be a challenge • Timeline • State recycling mandate VB Here is the proposed Public Engagement Recommendation: Campaign Timeline:Late August—Early November • Educate:late Aug-Sept I Resident Survey:Oct-Nov Public Engagement Type:"CONSULT" • Public Meetings,Public Hearings,Educational Materials, Survey on SpeakUpVB.com No third-party facilitator,utilize existing Communications budget Public Engagement Recommendation Reaching Residents: Maximize visibility and reach at large fall festivals and events to reach residents(Neptune Festival,Boardwalk Art Show,etc.) Waste Services billpayers(inserts into monthly mailed and e- bills) General public:social media,media,email,direct outreach to associations,community meetings,faith-based and civic organizations,etc. June 20, 2023 40 CITY MANAGER'S BRIEFINGS RECYCLING PROGRAM UPDATE ITEM#74346 (Continued) Mr. Hansen turned the presentation over to Ms. Russell to provide the proposed Public Engagement Messaging: Overall Message: Recycling is a BIG part of the Virginia Beach lifestyle. However, The recycling contract is up for renewal in 2024.Costs for Public Engagement services are anticipated to increase...significantly. Messaging Options for recycling programs DO exist. Virginia Beach residents,this is YOUR opportunity to speak up on your preferences on recycling before decisions are made. Learn more about the current state of recycling and options moving forward.Then,share your thoughts with City leadership at SpeakUpVB.com. Ms. Russell turned the presentation over to Mr. Hansen: TASKS AUG/SEPT OCT/NOV DEC/JAN FEB/MARCH APR/MAY JUNE Public Engagement --- REP Process ------�`--i�-- FY25 Dept. Budget Planning Council Retreat -- Proposed FY25 Budget Presentation Budget Public Hearings FY25 Budget Vote -- --- -- ---------- - - - - - — -- � June 20, 2023 41 CITY MANAGER'S BRIEFINGS RECYCLING PROGRAM UPDATE ITEM#74346 (Continued) , • Discussion/Questions wwaMWaI v Mayor Dyer expressed his appreciation to Mr. Hansen and Ms. Russell for the presentation. June 20, 2023 42 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74347 2:39 P.M. Council Member Berlucchi expressed his appreciation to staff in the City Manager's Office for doing a great job in providing thorough and detailed responses to recent citizen complaints concerning pass through roads and traffic concerns Council Member Berlucchi expressed to the public that he hears their complaints and he and staff are addressing them June 20, 2023 43 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#74348 (Continued) Vice Mayor Wilson advised the Development Authority approved an Economic Development Investment Program (EDIP)grant which was matched by the Commonwealth's Development Opportunity Fund,for ZIM American Integrated Shipping Services to relocate its U S headquarters from Norfolk to the City Vice Mayor Wilson advised Governor Youngkin made the announcement earlier and shared the company will bring an additional 300 jobs and will be located off of Corporation Lane Vice Mayor Wilson expressed she and Mayor Dyer are very proud of the Economic Development team and the work they are doing June 20, 2023 44 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74349 (Continued) Council Member Ross-Hammond advised on June 22nd, at 2 00 P M, there will be a dedication ceremony for the new Burton Station Fire&EMS Station #22, at 1160 Tolliver Road June 20, 2023 45 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74350 (Continued) Council Member Ross-Hammond advised Mayor Dyer took part in the African American Cultural Center's Juneteenth event and provided a Proclamation before going to the Oceanfront to support Team Lamb Mayor Dyer advised Council Member Wooten also provided nice remarks and is hopeful to make this a legacy event going forward Council Member Wooten commended the inaugural Juneteenth celebration Council Member Wooten advised Team Lamb discussed their desire to celebrate Juneteenth on a national level but to do so will require additional funding Council Member Wooten advised Team Lamb requested$150,000 in funding during the past budget process but only received $50,000, therefore, she will request an additional $100,000 in order for them to reach their goal of attracting entertainers who will bring national recognition Mayor Dyer suggested reaching out to companies to advocate for funding Council Member Wooten advised Team Lamb is reaching out to other companies for sponsorship but believes the bulk of funding will have to come from the City June 20, 2023 46 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74351 (Continued) Mayor Dyer advised yesterday he attended the Celebration of Life ceremony for Pat Robertson who passed away on June 8`h Mayor Dyer shared some of Mr Robertson's major achievements as the founder of the Christion Broadcast Network, Regent University, Operation Blessing and Mercy Chef Mayor Dyer advised Mr Robertson brought global recognition to the City and would like to see him honored in the near future June 20, 2023 47 AGENDA REVIEW SESSION ITEM#743 52 2:52 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA K. ORDINANCES/RESOLUTION 1 Ordinance to AUTHORIZE the City Manager to EXECUTE a Communication Tower Lease Agreement for City-Owned Property located at the Southeast perimeter of the Stumpy Lake Golf Course with Crown Castle GT Company, LLC re install, maintain, and operate facilities for providing wireless telecommunications services 2 Ordinance to ADD City Code Section 3514 re allow proration of personal property elderly and disabled tax rate(Requested by the Commissioner of Revenue) 3 Ordinance to ADD City Code Section 2-215 4 re authorize alternative bonding requirements for indefinite deliver quantity contracts 4 Ordinance to END the Declaration of a Local Emergency re severe thunderstorms and tornadoes on April 30,2023 5 Ordinance to APPOINT three(3)viewers for one-year terms beginning July 1, 2023, re view each street or alley proposed to be closed 6 Ordinance to AUTHORIZE the City Manager to EXECUTE a Revised Agreement between the City and Sister Cities Association of Virginia Beach,Inc re update outdated provisions(Requested by Mayor Dyer and Council Member Berlucchi) 7 Ordinance to AUTHORIZE extension of the employment contract for the City Manager(Requested by the City Council) 8 Ordinance re the Compensation of the City Manager effective July 1,2023(Requested by City Council) 9 Ordinance re the Compensation of the City Attorney effective July 1,2023(Requested by City Council) 10 Ordinance re the Compensation of the City Clerk effective July 1, 2023 (Requested by City Council) 11 Ordinance re the Compensation of the City Real Estate Assessor effective July 1, 2023 (Requested by City Council) June 20, 2023 48 AGENDA REVIEW SESSION ITEM#74352 (Continued) 12 Ordinance re the Compensation to the City Auditor effective July 1, 2023(Requested by City Council) 13 Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as West Canal re construct and maintain a proposed vinyl bulkhead with ten feet (10') return,four(4) timber piles, boat lift,pier,gangway, and floating pier at 2308 Windward Shore Drive DISTRICT 8 14 Resolution to RENEW permits to ALLOW Medical Emergency Services agencies to operate in the City re Pahala Park, LLC d/b/a Coastal Event Medical Management, Fast Track EMS, LLC, MB Solutions,LLC, and Shore Transport Services,Inc 15 Ordinance to TRANSFER$900,000 from Vacancy Savings in the General Fund to the FY2022- 23 Virginia Beach Sheriff's Office Operating Budget re cover increased food and medical costs (Requested by the Virginia Beach Sheriffs Office) 16 Ordinance to APPROPRIATE $125,000 from the Tourism Investment Program (TIP) Fund Balance to the FY2022-23 Convention and Visitors Bureau Operating Budget re support the action sport series at various locations 17 Ordinance to APPROPRIATE $150,000 of Fund Balance in the Tourism Investment Program (TIP) Fund to the FY2023-24 Convention and Visitors Bureau Operating Budget and to AUTHORIZE additional sponsorship funds to the Symphony by the Sea Concert Series($50,000) and to the Neptune Festival($100,000)and provide direction the City Manager re future funding for such events (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Holcomb, Remick,Ross-Hammond, Rouse, and Schulman) K. ORDINANCES/RESOLUTION: COUNCIL MEMBER HOLCOMB WILL ABSTAIN ON ITEM#15 ITEM#17 WILL BE CONSIDERED SEPARATELY June 20, 2023 49 AGENDA REVIEW SESSION ITEM#74352 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA L. PLANNING 1 BONNEY'S CORNER ASSOCIATES, LLP for a Conditional Change of Zoning from B2 Community Business District to Conditional B4 Mixed Use District re 81,150 square feet of retail & up to 322 multi family dwelling units at 1385 Fordham Drive DISTRICT 1 (Deferred from January 17, 2023) 2 CITY OF VIRGINLA BEACH DEVELOPMENT AUTHORITY/CITY OF VIRGINLA BEACH DEVELOPMENT AUTHORITY& YCH, LLC for a Modification of Proffers to a Conditional Rezoning re amend the design and development guidelines at the parcels between 2009 Hudome Way to Tournament Drive and parcel on the southeast corner of Princess Anne Road and Tournament Drive DISTRICT 2 Approved December 13, 2016(Deferred from June 6, 2023) 3 COMMONWEALTH CATHOLIC CHARITIES/CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re group home at 642 North Lynnhaven Road DISTRICT 8(Deferred from May 16, 2023) 4 THOMAS A. BROWN for a Variance Section 4 4(b)&(d) of the Subdivision Regulations re reconfigure the boundaries of four(4)existing parcels at 2888 Indian River Road DISTRICT 2 5 ALACRITY,LLC/OLD BRANDONFIRST COLONIAL ASSOCIATES,LLC,fora Conditional Use Permit re body piercing establishment at 1721 Laskin Road DISTRICT 6 6 CAROLINE,LLCfor a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 605 DISTRICT 5 7 NICHOLAS IULIANO for a Conditional Use Permit re short term rental at 505 20th / Street DISTRICT 6 8 JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20th 1/2 Street DISTRICT 6 L. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED FOR DEFERRAL TO JULY 11,2023 ITEM#7 WILL BE CONSIDERED FOR DEFERRAL TO JULY 18,2023 ITEM#8 WILL BE CONSIDERED FOR DEFERRAL TO JUL Y 18,2023 June 20, 2023 50 ITEM#74353 Mayor Robert M Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2 2-3711(A), Code of Virginia, as amended,for the following purpose PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2 2-3711(A)(3) • District 2 • District 1 • District 2 • District 6 • District 9 • District 5 PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2 2-3 711(A)(29) • Project Beach • Project Autumn LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2 2- 3711(A)(8) • Commonwealth Catholic Charities PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2 2-3711(A)(1) • Council Appointments Council, Boards, Commissions, Committees,Authorities,Agencies and Appointees June 20, 2023 51 ITEM#74353 (Continued) Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 2:59 P.M. Voting 11 - 0 Council Members Voting Aye Michael F Berlucchi, Mayor Robert M Dyer, Barbara M Henley, N D "Rocky" Holcomb, Robert W "Worth" Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse,Joashua F "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None Closed Session 2:59 P.M. — 3:54 P.M. Break 3:54 P.M. — 4:08 P.M. Closed Session 4:08 P.M. — 5:14 P.M. June 20, 2023 52 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JUNE 20,2023 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday,June 20, 2023, at 6 00 P M Council Members Present Michael F Berlucchi, Mayor Robert M Dyer, Barbara M Henley, Robert W "Worth"Remick,Dr Amelia N Ross-Hammond,N D "Rocky"Holcomb,Jennifer Rouse,Joashua F "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34t1i Street Suite 102, Virginia Beach, VA 23451 Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict If, during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a `personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council Vice Mayor Wilson regularly makes this disclosure Her letter of February 20, 2018 is hereby made part of the record June 20, 2023 0NlA B 0 % r i' f MS OUR NP RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#74353 on Page 51 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. 1►1 1 A v . !a B.rne', MMC Ca- Clerk June 20, 2023 53 V.F CERTIFICATION ITEM#74354 Upon motion by Council Member Holcomb, seconded by Council Member Ross Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council Voting 11 - 0 Council Members Voting Aye Michael F Berlucchi, Mayor Robert M Dyer, Barbara M Henley, N D "Rocky" Holcomb, Robert W "Worth" Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 54 ITEM— V.G.1 MINUTES ITEM#74355 Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 6,2023 Voting 11 - 0 Council Members Voting Aye Michael F Berlucchi, Mayor Robert M Dyer, Barbara M Henley, N D "Rocky" Holcomb, Robert W "Worth" Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse,Joashua F "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 55 ITEM— V.G.2 MINUTES ITEM#74356 Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of June 13,2023 Voting 11 - 0 Council Members Voting Aye Michael F Berlucchi, Mayor Robert M Dyer, Barbara M Henley, N D "Rocky" Holcomb, Robert W "Worth" Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 56 ITEM— V.H.1 MAYOR'S PRESENTATIONS ITEM#74357 RESOLUTION Sister Cities Association of Virginia Beach Ruth Fraser Mayor Dyer welcomed Ruth Fraser, Sister Cities Association of Virginia Beach -Executive Director and read the Resolution recognizing her work over the past thirty-two years to create and coordinate Sister City's with Moss, Norway in 1991, Miyazaki, Japan in 1992, Ards and North Down Northern, Ireland in 2001, Olongapo City, Philippines in 2015 and Waiblingen, Germany in 2017 Ms Fraser also worked to establish San Juan del Sur,Nicaragua as a Friendship City in 2013 City Council commended Ms Fraser for a lifetime of pubhc service as former City Clerk, Sister Cities Executive Director and Board Member working tirelessly and for goodwill to help build international bridges of friendship to make the world kinder Ms Fraser expressed her appreciation to City Council for this recognition and continued support June 20, 2023 °F OUR wR� RESOLUTION WHEREAS:On November 26,1991,the City Council of Virginia Beach adopted a Resolution affirming the City's intent to support the Sister City relationships and exchanges At that point the City of Moss,Norway already had a close relationship with Virginia Beach and was considered the City's first Sister City,and WHEREAS:Ruth Fraser was the City Clerk at the lime and was given the responsibility to coordinate with our Sister Cities Soon came Sister City;Miyazaki,Japan in 1992 with Ards and North Down Northern,Ireland following in 2001 Later,in 2015 Olongapo City,Phihppines joined and then Waibhngen,Germany was welcomed in 2017 Our only Friendship City,San Juan del Sur,Nicaragua was recognized in 2013,and WHEREAS:In 2010,Sister Cities became a private non-profit organization at the direction of the Mayor and Ruth led the transition from a public to private organization,and WHEREAS:Ruth has visited each of our Sister Cities and maintains a close relationship with leaders in each city Ruth has sponsored home stays with international Sister City friends, made many trips and event arrangements, orchestrated special celebrations, and arranged visits for many international dignitaries to Important places in Virginia Beach,and WHEREAS:In 2013, we celebrated the City's Soth Birthday and was recognized by visits from each of our of Sister Cities, all organized and led by Ruth,and WHEREAS:Eventually,Sister Cities International chose Virginia Beach for its 2018 International Conference Along with the Sister Cities Board,Ruth was able to bring many Sister Cities organizations across the country to Virginia Beach,and WHEREAS:Ruth's love for Sister Cities has enabled many lives to be touched by citizen diplomats Through Sister Cities there have been K-12 and higher education exchanges,cultural programs developed enhanced economic development,and many new friendships created,and WHEREAS:Ruth's advocacy for Sister Cities has never wavered Ruth is truly the greatest Sister City supporter and longest serving Board Member,serving as secretary,keeping meticulous minutes,and as Virginia Beach's representative to the National Sister Cities Association,and W6fEREAS:Ruth has been the face and voice of Sister Cities for decades and pours her time and talent into making the organization prosper,and WHEREAS:In a world where civility and problem solving is in short supply,we need more people like Ruth to help build international bridges offriendship to make the world kinder NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council pause in its deliberations to commend Ruth for a lifetime of public service as former City Clerk Sister Cities Executive Director and Board Member working tirelessly and for goodwill into her 90'sI Adopted by the Council of the City of Virginia Beach,Virginia the 20th day ofJune 2023 and present this Resolution duly signed by each Member of the Virginia Beach City Council 13 fra .athQ 04144lb• I/ </ Council Member Michael F Berlucchi Council Member Barbara M ey Member "R cky'Ho mb Council Member Robert W "Worth"Remick Council Member Amelia N s Hammond ci Member.1 e Dom Member Joashua F "Joash"Schulman Council M., ..` Chris Taylor I M Sabrina D Wooten 4(Z144 Vice Mayor semwy Wilson Mayor Robert " obby Dyer 57 ITEM— V.H.2 MAYOR'S PRESENTATIONS ITEM#74358 PROCLAMATION PRIDE MONTH Council Member Berlucchi, on behalf of Mayor Dyer, welcomed Nick Dintelmann, President—Hampton Roads Pride, Stacie Walls, Chief Executive Officer—LGBT Life Center, Sunny Haynes, Board Member— Transgender Assistance Program of Virginia,Nathan Ruckman,Interim Commissioner—Stonewall Sports Norfolk and Alexander Pouder, Treasurer—Stonewall Sports Norfolk and read, the Proclamation declaring June 2023 as, "PRIDE MONTH" Council Member Berlucchi called upon all citizens to eliminate prejudice everywhere it exists and ask you to join me in celebrating the great diversity of our community as we work to build a culture of inclusiveness and acceptance Recipients expressed their appreciation to City Council for recognition and continuous support of the LGBTQ Community June 20, 2023 u f,I Nr. `��J 5 ti n coo _�, `` i t sy9� ','' F °F°UR NM'1 • t to ; ; tion '44 e►ear 'Ihe City of Vtrgima Beach remains committed to fostering an inclusive community that welcomes and empowers aft In an effort towards continued improvement of the fives of our workforce and citizens,an LyBr +Liaison has been identified in each of our pu6fu safety departments and in the City Manager's Office (fie Liaisons examine the city's policies and services through an L(cB +fens and prov►de a friendly ear to constituents or staff wishing to 6nng i LGB222:+-related issues to the attention city government,which has led to the City of V irguna Beach receiving a perfect score on the?fuman ftghts Campaign's MunuipalEqua&ty Index and Whereas 'Thu City's LcBrIt2+Community members, through tireless volunteerism and advocacy, 6utfd strong community partnerships connecting L9'B?Q+youth,teens,adults,andfamiCCies to supportive resources that enhance the physical mental;and social well6emg of our entire community while demonstrating the capacity of the creative, soda! economic,and influential force of the LCc'B(Q+Community and its af!`ies to effect positive change where we five, where we work,and where we play,and Whereas In the movement toward equal-rights for lesbian,gay,bisexual and transgender(L9B7Q+)people,a historic turning point occurred on June 28, 1969, in New'York City, with the onset of the Stonewall Rjots During these nots, L yvBTQ+ citizens rose up and fought against the ducnrmnatory criminal laws that have since been declared unconstitutional and YMiiewars. June u cefe6rated as LgB?C2,+Truk Month nationwide and-LGBc1Q F pride celebrations have taken place around the country every June to commemorate the beginning of the Stonewall moots,and Whereas June 2023 will mark34 years of summertime festivals,now known as Pnde'Fest,hosted by Jfampton Bads cPride, who will host L1'nde at the(Beach at the Oceanfront in the City of Virginia(Beach on Sunday,June 25,2023,and Mereas' Since its inception,Jfampton Rpads(Pride has continued to cele6rute unity,embrace diversity,and instill-park in our region's LGB7Q+and aired communities 6y increasing visibility and promoting full human and civil rights of L9B7Q+people,and Wfiierear It is imperative that all people in the community,regardless of sexual orientation or gender identity,are respecter safe,empowered and supported 6y their peers,educators,and community leaders Now Therefrom,I qp6ert M Dyer,Mayor of the City of Vargima Beach,Virginia,do hereby proclaim. June 2023 cPri a 5Montli In V uguna Beach,and I call on all our citizens to eliminate prejudice everywhere it exists and askyou to join me in celebrating the great diversity of our community as we workto build a culture of inclusiveness and acceptance In WitnesrWereof,I have hereunto set my Rand and caused the Official of the City of'Vargima Beach,Vhrgtnu,to be affixed this Twentieth Day of June,Two'Thousand Twenty...if:rm. 7'' ' C'‘16 44,6ert Jot "Bobby"Dyer �i�''v .1 ., 4 Mayor �d F�y�P rs`� s� - d ' : i r _� 3 _ . Vj !t -c. L Yy � 4T ' jr1� 1�IF 58 ITEM— V.H.3 MAYOR'S PRESENTATIONS ITEM#74359 PROCLAMATION TORNADO RESPONSE APPRECIATION Mayor Dyer welcomed the following business representatives and read the Proclamation expressing appreciation to each of them for their support to the community during the devasting tornado on April 30, 2023, which damaged many neighborhoods and destroying homes and businesses The American Red Cross Bojangles— Vince Stuccio,Director of Operations and Kirk Hartman, COO accepting Catholic Charities of Eastern Virginia—Tracy Fick, CEO accepting Chick-Fil-A Marketplace at Hilltop—Dave Cheney accepting Chris Jancewicz of the Chesapeake Police Department Food Lion—Maria Bowman and Hannah Anderson accepting Green Cross Academy of Traumatology Harris Teeter Joseph Rubino of the Portsmouth Fire Department Justin Weston of the Newport News Fire Department—Division of Emergency Management Medical Reserve Corps—Melissa Reid, Volunteer Coordinator accepting Mercy Chefs—Mercy Chefs and Gary LeBlanc The National Weather Service(NWS— Wakefield) Papa John's Peace and Love Donuts Pungo Brothers BBQ Sharon Chamberlin of the Chesapeake Emergency Management Southern Baptist Disaster Relief Spring Branch Community Church—Lori &Arthur Mace and Clyde&Deb Houck accepting Starbucks United Way of South Hampton Roads— Vivien McMahan accepting The Virginia Beach Community Emergency Response Team—Myron G Nahra accepting Virginia United Methodist Church Disaster Relief Volunteer Hampton Roads—Stephanie Gorham accepting June 20, 2023 i . $ off - - :;::::'''' ;' '415:"'"4 ' ",..'6''-: :, '' �. to Y �) r C i.pp QUR N�0l� ,�- _ r: t '-'-':-;''''',...,',:,;:-.''',.,';‘,:-g '','-'1::::";-ti , ro 4nrntton `G ei as 'The Amt csri 4�rf Cross has served 1Fie community through its k t .'quu -actrn' voluntergyutnce,.< 6&Serowe Y a ,,,-r heartfelt pis Supgor�and tireless workinpartnership=with the eAlof'VlTgnua'Beach toA M1 assist m the'emerg'enry Tresponsseand recovery efforts in'tfe aftermath of tCicAprtf 30 202.3 tornado, t and _ y -1. f - L . r 1 - k 2heAmertcann' cfCross hasgiven its sus and ertise'to assist ourresidents in theirgreatest time - ' of need while sh `.thetex- 'fa. • . E••,• .. awcasing emp ry culture of care found rn-�ugsnia Bead whuh-makes rt a t.' uch an outstaiidangrlucationformany to caIThome and. ,; T ' Zj rend 'TheAmencan f Cross has:nsprre f othe s with its ' deduc•tion.77 to votunteerserair'eand effort s througfio'ut'i ir'grraa`Beach#o.help esta6Gsh the City as:a}premier eoasta(comn um ,`and ,' t City of I irgtnta'c&ach and gr&.at_Neckarea resufents have greatly 6enefitedf u:i the deduated.< �.. and enthusiast:support prognded ly?lteAmencaTPW_Toss, ;r-kunted amongrtflL City's` outstanding c`or`ttiz6utors who maf� i'irgrnra Beach a uniquely close Brit anddestrahfe:community, and E .r ��, ,l t;1 7 t � -, L L - L-� ylunatr cats, ry,'and businesses impacted fry theApn(30th tornado have been dlessed witl the N - generosity andpassw rate advocary 2lic c mei can r as rt has strengthenedrela �_ � � >, :°f _ �dCross , _- � � tumshrps. ;with tili_e rr.,,, "dents of'irgin a}Beacfi andut ithin thg:C4�i pton;4 ads area and �y t enzj lifyzng the rr-modelof'citizenshrp andvoCunteerserince ui;.the�'ity,of'Virgirua''Bea, ,_',e [' American 9idCross Eras empowered otflcl citizens to Grnz 6ute theirs s andtafents to the: 4 �OR1 1 <n_ ,,y, 2 else ,4 p6ert %i. "Bobby,cDyc, Mayor•o.f the'City of vfrg:nta`Beach,•'Virginia, do hereby piocfaun_ ' `othe. men4Cr'oss , at tofthisTrnado e c` e recpen i . . n on Irt'Gf ra Beach;I cal upon.the citizens and members within government agencies,pu6tu:and pnvate institutions, businesses;andschoofs in Virginia�euch to also 6e -neighbors helping n•eighbors during emergencies for the benefit and dettemient o the communi so that. ture enerations can'a e•ciate aria rthei.0 our beloved o f h' � g � :fu p,f� City f VirginiaBeach In'Ws 4 .ttrrof, I:have hereunto-set• hand and caused the m}` Of aaC Seal of the City of'Virginia B- . 'Virginia,to 6e affived this Tweenµty,ieth'Day,of une,.Two?Tiousandand twenty=?firee. k3., {� wpfert.94 " o66y 'Dyer ..W't-.....,.:t.t.'',Ity,sf,„•ic.'....f."-Ar,;,, ;; �Kayor ..., .,,...T.,1,,.„ ..0... . ,..." ...,,, ,,... ,,,,..,..1,. ....,..,..,....N•p• i.„,-,,,,„,,,,-,-.: r, ,• , •::. ;� y' ‘ . 4l - , 4t. 4 pia 1'- x •c` $6 r�'., r, , , ', , ,,, ' . . .: , _ .-'27---•..3=g--A:oiffii...,::, ....7:-..t-:-.:. ,,,,-...-:-:„;: ,-„.. ' _,-._-,„- i„ -,y : ;:::: ': .-,.-,,,,..: , t. T., ,., . if` Off??, F:!' ' _,,, -.!,:'r:'--r- -.2..,„,.,:.:2J,: ,-,-:--f,:T: — r , , t, 3 , .: , ,_ ,..„...,,,,,._..„,.... ,::::„.„,,.....„,„,..,::,.:,,,: , .,...:., , . ,, , , _ , _. „.„,::". ,,7'''',''•,'7 •,-.- ... :-'7.' :'H:'.'-:::_,-.c :i:. ..'-':::-..'.''.-;":'::::::•''..":-..:2'7' ''',1'f'::'...=,,-::''''H:':':''''-:':',''''' :'':.-'1'..;':-',,'..: K (D"erselfe{.'rC oFi.�-r 1"cto:.2y. csro etv0: z 1o,�ritetCll't6iltiu�etreet 'a.3 o0S..S t 11t r lizc ecrantria� ss ft e tr erfe'r l� et p u t 6eG r 0 1 cth its gra rutrngvo r 'tk • teeac s' rn riln n— e - -- Beach to• en�ofshasSr ete'' m m m , kth . guua2'a�iget les- o4ipartskt eC34 03;tornad,antC: e spportandti 'f tf afrratlftkAp ,2 ndr orts femergcy respons ecvery new ;Rik i(• ,i rsnetfrgreatettmieof f toassst ourre img h L it skla and itTe,rhse dgBf ivfic aks:tsucanBojangls isg n of `� n :nHrma eac�[ I cth �mpa clurecr Y f ;yill^ , t `"skouasingeryofome,are( , - utstadg loatifo'many ef r• • • rts' ovoCuntersriiceand' ostkeswithusuwyeld" stfoommuntyandBoangfs'has=npeo .ktfS ty asaprmwr; a -i .j} bo •titsgu aBeacfto kle -;'F _ i a YJ' i., i7'tkro ut t ,', ud fh `1 d ued- g t r havegrtl 6 emm>t,> .. rea residents yee�t' iuuivQ' Beach andgreatNec, a . outed . ntheCitys i T` Citfrgiraa ,,,, . -:, o ;si iscna,... g / t7n(/ 4 .x ' yksrasic�u (l dtfl3�1 geclwse]ku^aTlfffra6fr( l j ,. t ,r aden hm_[Q'' ir maBeaha ,J.�. ' f S x ";'s ributor wo J/J( P� ll - ; : 1 . sfi h C F y , " - ' � { �toniado have bs.een 6lesedwt' •-Aet m- » unnsses Impactd&GyteAPnlentkenedretwfps withhe ,dns, ritary,sa u Bojnngfesasrt hassrg_ = ndae ador- �tf ntiand Y ignrosiyoapassnBahand'within theJfampttt 4padsa , t resdents fIrguau f Nrguua Back:rz _ ' ltr servnce�m•the ity o � -ocitizens andvo se fBftStotkecorimray the mdlf tfe2Tk�Q;andfQ , u y r'. fS POweredotherctzn -i FOjange ,z.• ? 1 C: r iyocGtiin�' nia acf= igmra ryMayrfhty ofgu • •• •• x y �'' k of t.* onse� � ���' }µ ,�r Y� r -''/ te 5, st tre ` e t ies pubcitisand berswithingovernmenagnc , lic andp ncriievsafteo ri• n Isktei t;buetnyiofcafn• the zen mem l n kbois"during emerge ' ` "n oIn` mB IupBeatoalso 6e eignhbors fe,pgneigd ' u6efovedC • • fntsckooL in Iirgitia gc genrations can a ecatea ;bussnesss a u so hat a g x_ad btteret fth omm 1mnoe ini Beat2irginia: ach ;ealo the ofyrga.'. ,_; ' e havehereu hand and, tile S f, I no setmy '' ' o" usa £andwerity-?Fr :In• ba fhiswentiethDayofiune, wo 7� ii tefi • s~q 6K Bo Dyer1ert9 ,_..ifit - ti , p''Pin } Yr *p4. e r 3ti: • f . ,• _ - + Tom- r„ y } •:-,: . ,..._._;, ,..,.,,,i_•---.. --,: � - , .-, • ,•,-• r.r,..:. .-., . J ., , .-,i;.-: ,.-',. .,, ,, _ _ • _ , , ..,. �f f i{ �,.,....„.., ,,„„,,' �T '� . • i,..„-:_,„,•-:,, ,- . ,r,„•.- ,- -.,„.._,•__,. tt t , , _ , . . . , .... : • ,,,,, , _. -,.. ,-... .:-.-_ ..: -9-,. '-ir--- . ,P 4t- ';':..-,..'''',- ;_.''7,---- '-'''- .-. "-- '" - , ', -' ,' • ` l ks q� OLR YNAri 0 '• ,, k}� t9 • a f j ? r. - `,-rs a �'_ �,Y,� � �• � ..� L `.,inatton i to t^; ' f i w -Cathofu Clrantwr of Easttem yugrraa fins,,, served tfie co tfirougft its quuk-aciYng volunteer b t t o ml �' k 1"7 k t!'t ( 7 .setvnc. hear fell pu6fc serer*€.uppot andh Tess uwJn partneishrp unth tfie=City of ysrgin a 'Beacft to assist rn,t!emergency response and'secovery�efforts m•tfie ya•f tennatfi^ofthe !pi l30,2023, 1 t� tornado;and.a x t`,7 a A' r ▪ 1 , - •: • -7 ,_ '4 - .,,, 1. ;Catho&Char uses of Eastern��Vugi�ua frvs'gxven its sfJQs ana a,crtue to assst�ou=';7ents°in their " .:greatest time of neeQ e showcas ng tfie • fary�µ,culture`of care four l rn guuu Beacfl'which: y` ;maps it such an outstanding location{or na to call•,fifome,airdY .'' i"} :; '� d Catholic Chanties of.,,,,JC ut_ Y •� {}f . i �'r f L_> Icatzon volunt,e _ � � t�inspired Others wtthtstr urtytefdtrtg,F _ ((LeLe ` ,servnce aruyleffort3thmugflout�w'I irginra c&ach to-help-�estadluh the as as e`` r coastal .`.:: ' i: � communi y;ant t+- e - f i. • -� .' -J t 2fte Cc' o `Un Beach an f grcat,Neckarea resufercts fmiatle greatly � uated w a�l[�G�iihl�S�wH4 '? -::. ` a tP 4A�-, 45 r :t _ �.x ruppoii `6v Catholic Chanties of Eastern 1 rgnuar it u coa"rited among the. tCity's'outstandiing cantn6utors whotmakc;'1 irg nia(Beatf�a close ands y' ' -,- ,. 3. r s u � destra6feP, �'t' , :-'ommun1 aria i. * r t _ ▪ - c - Et _ r ', ( _ u � L Y � � U l J Rgsi1 n1,!//Giiiar iL sa.`mp flXt ie 3Ot fi :•rW/I alo(lave fl en 61essed.,, ..„..-e _ .. generosity and passthnate advocacy.of Catholic Chanties.of Eastern 'rgin a,as it fias stregt.rened ;ielationsfnp with t fl'`residents of ftrg a x .t :.l. `�. ,t s << :nta;Beach attdwithtn tf:e 9poads artq cBy &,fying the me (of attzeiufitpFandvolunteer�seri4ce in tfie,C ty of'Vtrg X '" tif�ur�ax: � traa�eac �Catftolic Cfutitttes of Ea•'stern Ntrginia has'.empo7. . edntft'erdtzzeru to contit6ute'thetrs ills and �ta_entY to the community "t 9 ' • k - [-»� a ^:ram l Jfou�j � a7 r ._ T' '- 4 ' `� >i : 9�i. aBo66y"dyer,!fayorof the City of�hrgtraa.Beacf� *gin a,Fdo}hereby pivclamr;, ' ,-,;H,:,-:.*,,,,i.:-,...,.. '.', .-._, ..,,,,,-,. -... . ,._ ,., �r -- k,is ? Y a -- •Imo, • -_ i� � ....._,_.., . .. _„ , Cat o.i ,,,, ,...-,,,:,,.:.2,T,.-;:__-,,;,-,: , -.,,..._;L:: : :,,,..,._,,,,,, , _:. .., _,--. ,. .. _.•..... , ....,..„..,.„,,,,,,4,- :ot „ - ' se � c_ _� ntofts2 . . , ,. .� claon{ .: ,. In SBeacl�I call up-on,the citizens and members witfun government agencies,pu6Cu and private instttuttons, businesses,and schools in'Virginia Beach to also 6e a..new'. fiefring neighbors"during emergencies for tire.;6enef t; and6ette>»tent of the community so"that future generations can appreciate•andfur,"ther uplift our-6efaved' o 'Virginia Beach In.Zf mass'W e>rof, I°'have•hereunto set my frond and caused'the official',Scat'of the City'of'i�irgtnta Beach, rgtnia,_to 6e affi. rlthis_liVentteth_1Day ofgune,•_?wo 2fiousan lanif7uien ¶lllree. -.--.-'',--...'::.f.:::;,1.-f:.,Iti..-;-- , 4+`n. .:usr �a�.i �6ert %Bobby°' •:■ w tV,q r•.� 1 4• T y:. JI[ayor. - _- - I^sL}`�.�+r f:f.�F r dry y AM+J e - - ' -- -; ' ' :‘-:':--,.: ss'P- - - -- ---, , .. . . . , . ,, h, -y; 'F�y�• S r 1 E -i j ,.N 1 ?0 • ,', ,,,,.•'`•;, ti `�.. 1. •� . ri -w�� i�. SFQF ' J t� f : ródarnatton K _ i x o f ,r r 'YY/IG►faa� i .'•` 5 Ch?ck f�A 9Vfar tpface at 51i(f p,kas served the;community through its quick-adrng voGrnteer '' scr•icc,(arttje'fr pu,64:serance support,anif tzreless woe+ in ztnership u the C,„, .:,'t�ugtnta 'Beach to assist in the.emergency response anufrecovety efforts in'thejaftermath of the14pnl30,2023,` •- tornado,and C(uc , GA'!tar gtpface at i11 op.ha*sgrr'en its s jlLc andexper£rse1to assist our residents in tfu r ` ,- greatest time of need white sk,.ci-s ng the exempt y t ire of cite found in'l":rg:raa Beach,'Yvfach; ';rmates it such an outstanding location for many to'utQfomc and TF - -: s- - k `r ty truugato hs uht h ief fde 4tumtovu neer doffu ces wthts unyg c asta!hi k G �tar gtpCacat fpap edGh the Cy aa prem:eriCndot fhoutGgaBa•c o 1psery c af �/ k` communi ,and outst ann dingra cotnutorsapa aa nqeue reeaIt((u co am-o d tedt ha 6eftditt»ithel dsa Bech dGre Neckarearsds 'vg tednghe Ct�S. ,IfeCity off4ginrarv + nkfl-tfi ai*tplac atHlltop,{astmtst ort idedCrc ra ( clastIInddesiraleuaminy;fandefususbupp h maf igtn Beach auey ;a and t ta tecsae t f3`Otf trnadi timo e ben 6fsrdawthth efnd s impactedy pr( ot ithas strengthnd4Qfsdents,miy abusins ,� iar p[aea9(1pas ndgenerosi andpassioLae adoy`ofhcuew t in th :pn4pad area,; yhrpswith tlirsidensoflhgaa:Beac •'• -rftws citi z'`esi r u c afChk 7tfeCityf gniBec,hp andvoGlrteeq.-ra sflarzitaents to- _ B p*Old*' llnofnerectotherc:ti erns tocontbue.tfer4 . fi �mfar�tpace a r(f em pow iJ t(w c mrmunii) Now _.1 beet 9bi. 'Bob ' er ta or the Beach 'V do-::ere oclabn lCiVla s ice at` .s.„,,,.,7-7-,r),_, ::,.- ,,.:,, , " - ..„-._:,, ,. ,. ,,,, , ,_ ,, ,-.‘ ,,,,, : fiicfi1x .::.'-.::::.-:•..,,-...,-,-, .., -;;:-,;,:.".::i-.:-._-:..,..''-• ,•."*',-,c_4•,'-'''.'T"..'-''''-'''''''-''f'I:'-o'.111USIP.OnSP'''''- '.: --''' ':: ' ' '' - ' ' ' ' ' '''' '--'liii '''''''''''''''''.-e'''''''''';- t 0- '''''trilS''''' 'I I- --''''''•- ' :.'''' "'.---'.''':'''.";'-'''''-' : ' ' .f. Btc , ty td men hers wiithin gno_vernmentt agenci es,pu6 hc anIep ncriiev°safteo rin tshteit bueittnioefinst, ;InVainlaah I calf upo he citzensa" e' f6r 'hlnng nesgh6o,.durngemg o- g - hool' 'V rn (Beach tolo b neigo d.further upftourbeloved�'y fones ansc ng rahtu generations aappcae aanif6�tennent fthe-comtriun sot fur 'lhrginut"iBeacfi Ire 4NXarrof I`have (tereunto set my hand and caused the Official;Seal of the City•of'Virginia Beach } Virginia,,to'be af fi d:±---j:s'Twernt:eth Day o,''''-,Two. ousancfand7went 2fe>1ee .. .. • ,'- .--- - ''..-4,.-le.e.-<..,-_, „ — '* �- "• 'i.`�y' �. 6•ert9K Bobb y'(�yer. } :_, t.-,-..:," o , i ,�};. s`s, �. ..ern id ' '=' : _ ' f ; J h e: t... �t. re foe sv4sa y. ij."1::!"..-,-,;':,'".' ::'.--;''' ,::::,_';',7,,,,..,,'.''''';';'','''''1: :,_4,7:';',';,:;-';',--:-.1-:-.''J.:',.:,:',,,'.:::::::„'.1''''''''''''''''',-:.-::'1-,..,:i":"...i'-.',-,:,-----;.'',.f..il?.'''*-;,'Ar.''' ;',.,::'-'"''.:'''':''''-':„.':?'''J'-';'17::''',„;---.'''''''''Fi.; .: tii''''‘-'''''',.;'',- '.-:;,..1g-,.'(-„,.1..,..',.,t„,„7?..,',,,_;„:::-',1,..-."'',:.'_...:,.., '.-r:.,;;.--,''.-'::,,,...:'2.--..",.., .. 0 a ,, ,,„ . .., .: : ... ,...:=":,,,:..„,.:,;.,.: .....,,,, ,. :„,:::::.::,.:.,,...,,„,;...„,,.:.,.:.„,,,,,,,,,..,,.:::.,,,,..„:„;.,,,,,,:....-,_,---,r.-- ,-FL:-,-_1,-:,''.-,:,,:',..-i---_,-,,--...,..,...,,,: =.,, ,-,,.:--.;.-;:=-;:: =,.;r.,-,_-, .--,-,.„;,-,-,r'-. , ._ __ .!.; fl-_-.',;.-2-_. .,.- uuFit,, D }�mmac, uaas;e7 dtfe.conimumty t&roughus q .4Nferax Cft sanceune of Chesapake Po/ceepatet +' shp- - nt i t - or wie�t h" t he a• Y:. n ' ovi art fe piCis aericesup ort�adtxie �wok . Chof � -� . •• act�'.vwzterse e" _l / 3 3•spf e'arad fctery effmfn-thafte»rat ,= `�� f . •�/L7i'__of1:r eack to assrstlntheemergeny eu --- - ' ` ,,tZl � , �, ' -'..a ; ;;, 1FeApii 30-2023jtornado,rad ,,i\ t - } t T t • + ce t ,� , r d t- ;Y Y+ _ r1 _ t s ;it y sistour resufnta.ut theirgreatettim ofn "'1,. tlax f ~C9anceehi.;0ii-,*, u skiff atuI erseas r• r4'' h, frc(maysrt sucFan;, = Tl-sl ( wcasng e`eorenif'4lry�cufurefcarefound1r1�rgarau� w� ; s tt ,� ; iryo , me; nd'� ousta � n 'reie tonforand t c,f4.- a r r'�OinsYancetvifz ftas nsp:red otfiers:wit�i Ins unyuf4 ng d dicatwn toVo(unteerseri cean6efforts throughout`Adguua(Reacfi toohefp esta6Gsh the:City asa¢prem er"coastafcommunity and-, ' I ti ..- .. 1 hC ° 7 C ti 2f1e City of'(-irg�aa_Beach and great Nec/aref resldents.flave great•()lien lted.�r'om,t•fie deauatecf: t an ent►Lusza.tr n r a support prvv:ded...Cfms,�anceuncz he u counted among tfie Ccty.„.-ii to ng f_ contn6utors vhio make•iVlrgirua Beacfii close an�f'descra6le commurut- ,and _ r a umquel', - , 4Qcslde military and 6ussnesses lmpacte f 6y the Apnh30th tornado Piave been 6fessed wsth the generosity and pa rsionate advocacy:-of CFtns7airccwitz as'fie fiaa-`}�y��}henedrefationshsps with 1/It ! - '`i , rr+ � + 1 e s..".-'71� � _ nsldejnt s of tirglraar acfi an!within the' fampto`t1 a and nce _ ee1e zy�e cYntnfut :iva eacF�C heodlfciiiiiiishrp and'olunersrvu1ne of go�ngt mdhttoo` etfarsj(sanitalents',tothmmunla hasempcueteotran 'z 4r do fe`re6y proclaimL -i6 " y ,iyorqftfef rg1n1aBeary.Fg1Xow, I,06etr , o6yDr 7 x -s 1 = 'f e r 1 x H .ri �1 -- fms :t,, tltts�:, , t Y e ` s gem, - -:' - '- _, _ f cxationc[anatzon . _,:__,,,,,--..,,,..1.--:::,,,,...:,:_s- ,...--;-,-:_,,:;. -.. , ' . . , ._.:,,,,i-_„,- . :„,,__.,_ :.. , _ . _ _ ' ' In'Grergnua I n the citizens and members u itf;rn gover�tment agencies,pu6C1c anil iidei a mststutuins; :;'',--,.__ businesses;and sckoofs'in�srgi ua &acfi`to also 6e'`°neighbors fie'fprng neigli6ors"during emcrgenaes fort the"'denefit and 6etterinent of tfie community so that future generations can:appreciate and furtfie:r icplsft our beloved Crty'of 'Virguua Beach In s I have hereunto set my hand and caused.:the OffrcialSeal of the City of'Virginia .icf, 'Virginia;to he_aff.eed''this Twet_'' tieth 0Day of junk,Two 011.sandand7went)' . .: ':sI,i-p , '-1 :jr Y `}.F 1�g6ert m f 66y 1/ e1 r :fir .•r.;„ -, a ,;, ,,.• W; r.�' . u- ►tab' - • . - •--;-A-i.,*14t:.,;:.,,,,,,,,...qrnti.,.,,.'__, , cO+Ctij� ,cam sy :k�.f ,,g..+ �,' sa4C0 d c 9°�i agog r, 7r '� "e+ar ��W�•J•�1ty f1'+�* x" , , .. ,fr.,7,71:": ' ,- ._,__,, _. _' amyl,kxua1i •y uvpuvsnoi ornd,'aun o(-D yi vj, yp v a9 07'nuz4..J y� snv-pn ' ' a o7unaa abvy_I ul! ° ajJ ya uvis' � • Jo�Qp ag;sno. do--'- :.pun a�vz7arddv-uV7 suogvuaua8 a nvz f WDy3,os 4turauuso o 1uauuan v so sarau3Bsarua Bun!I sso Blau` -, g`ay� rai 9, ay s�ogy9lau rag°S7 ,off ' Dru?iri c u' ''' ' 's puD.`sas using `s'uoi#''-'-t awwwud puv nygn l'sa�ua9n vuauuuua o1 u44:1 n sitaquuauu puv suazx��ay uodn va I uj rl U miiddtea a;jh 7 uBo j:a•1fiov; '1aC�aC99 W uago I I Yui dCgaiy'y�u:Bjp vnsr4fy , iUfl WWO7 a9I°1'.47uafv3 yuv' s;ua9 .13n9wuoa o.7 fl13 11!?4,y10 patamvdwa s ij'uos7 , pOOJj -iiitl "!!,,,�� i to"a7ubuas raa� i°(1' , .. y J o. �. r , >,f ay u'1 pun 1aP°��!� � '� �!?�{y s 1 puD'vauv syv4 u07dt11Df j 3y7 uiystlnptuv`y'v b vni 41, o sWaYm# ap ymn sdlysuogv�a� y'n sD uot7Eyool,�0�C7D7or pv awuv ssDdpuv�Cls$saua9. f l a iiy s '1.- --1,l L � ( i �7 tom: `ayi y pa�J9 uaagfa wy Opvuuo1,y7p fJudb'ay7-,Cg pa mdwl r utt y puv'Ccvip u` ' i Y - 7 r � 1 lit ,�}.r°� F• o - : ". D C�:utw uio7 aJgDsrs7ppuv 'aanlnun'�'�y va-i'DnaBa-,iv(u'oym`sso7ngu3uo7 puv7s7no s lCl3 a1yJ 9uOzUvJ 3u71o7 s!3-1'u427 x,.� '.J ns1 .-� -� ,, , s-+,�. r _,, y,,� P°'° ';y:Pa �svrsny�uapuD - pa? a.'ay3 1.194pa atua9' na.9 svtlx `va.�v?pa)' wa 5 yuv y7Dagj Dn z9a777 -Ccj:aryI, pt�-:-' t. puv` w uluuQ7 JDlsvv7 ianu ud D w 1 J p -`�' s aoJayuv anIuas oIL'07 U01;DJtpdp 9J11�3dtI sin sjt mn ` r ( l (- "1, ,' f _:.� y slays .Pal? svrJ uol7pool, t r 7 , r !f r -'jQj� `_rt'F jQ� }j�F�j/}�, t � +) r_'i x 3 _ �D7�;M1''thai'_T u _'J':J"�t tl(1 a < uv ,fin ��.dj��-�I, MC,,,,,,va, C u a.ity4� 1� Qum .. u y-1:/�N ,J~ `•-tJS;~7.j rD pW1, aG�YJ O t 1■�ri� 2(j�j'jO'.Ci-J ay Yfiil7lJ(1Jotls�121/(J� '; paau,�o auto 3sa-Iv u911a1J7 u s uaplsas mo 3srssp 07 asla radka yuv syf?�s sit ua ti9 sny .j! .Jp�_7� Yp E f ` ssi Gano3J a�si vaasuod r G3Bua u13` ` Jud(� yWnua Day1 t, .., 3al a uYtP O; ZOZ o£ h � i sS t `hddns u ias s '''v1U 9J4 J:640 ay1 yin tysauivdu'jsomsl1pu"V �o ,, .. - ay;m;ssv.'o7y7D J ' ro r ' '. � x x9 �? �t tnJa2Bur17vjnnb sieybnay3 unuuu �rspuasJ yJ ?td alaa7u ,, poa ano Y4 wy . ._ �a s. _ ..°' ovrt Hproet5 • . _ - - c Cry 1_ ! - ,L = _ _ t 4 1 r.� try �" r 9 y "� '... t.•» ,� - _ " H 4� rothiitton 17 M Ste' �_. _ k t ;" ' .; - : ,'4e►ws: 1rcen&ossAc ddenryf?raumatofogy has serredltfe community tfinnigh its�quuk-ai rng voGmteer. sergnce,:fiearifelt pu.iY- etwe support)aniti less workin partnership wtih' sr t nra4 r , , 4 rr r � �fv Beach to assist rn tFie emergency response andrecavery efforts in the aftermath of the3prdf30,2023 J ` s t: ot7thio,and;• _ 'if °C�reerd Cross:,cademy/of 7raumatofogy i•iesgiwn its sk is andexpe tsse to assist our esddents in y9t i' • t :the:rg_1:74:,;t7me ofncedzvfule shrwuaseng tfe ea�emplaiy culture�-of care found in gu7ra Beac4 -Wfi:Lfl ma tit sut fl an �` 1 , �` o k C . Y � 1 *u � = orrtstarrlfmg locat�ort for marry,to:callhom�arri! ' CrossA. .L u e.'1 otfders-with itS i ..-t •ec i cation to {„ s: seen cademy of,Traumatology,�iasmsprr uiyie ng vofusnteerservtce aneefforts tja'ougfiout'Virgin a Beach to help esta6!uh4th:e{ City as a pfemrer rT -coastal_Co.F-el1uty,and ,,'r + . :s-_ u • ,�� it �.i - 'x F x r ty of ndcreat Ve area 'spa 6enefitedfr "the d'icated _ '�'Yienaox � .2lre Cc 'Vagrraa Be�ach ay cf� n'sufentshaveg tfy � oni kind L,t hluswstw su art: . } f ), pppmv�ded Fij'Green CYass cademy of 7pT9',,logy,':t u counted tile r ;_City s outstand`mg s who.makg I-rgirua Beach alu nraquely close(nut anddesdra6 ; * communtty,'an ,w 4 .iv ,� f �, u <. ,, sufents,mzGtary,and businesses umPacted 6y the fip't1`:3Otf 'tornado have been blessedwith the l f5 F Fi T ..-,i: i ge�nemstty•andpass:onate adyocaeyof Green Cross31cademy of?raumatology as it has strengtfdened r re ".'Fops withttie� of rgin a Beacfi'aridw t/in the%am #on 4 p ds area,and t _ r 4 `,'--.-By.;..... ,,,,:: ,,.- _ ,,,:,,, ' e pltfymg tfie rr eld " citizens a �volunteer�serz�rce in tfie City af'uirg gyp,,,,,, I � - ra -i i $?!:`� t n; .. rnra Beath,"�fpen `- ,-,_.„,,,,„..-_ '.._ , .. - - 1 h !_J ClosS3cadenr of Tnza Mato ylhaS endpo4Ueredotherc:tizens t0,contribute the.''.' '11c anita&entt c mmizn l y a Xnw,Mort J 4�6ert Jot Q43o66y"'Dyer, Mayorof the C ty`of rgin a Beach `,,'' ia do hereby proclai ;;,:;:,,,,..:,,,,-,-.,:':-:-.',f.', .:i ...,„::::_,,i,,,,y-Aot-ecietti.i():/,;_y-:=:::,,-,,--_-',-H_- - �' - _ - - 1 zz`�` rT ./� r . _ � t i�•;v�► k•/ r ` - rfi1/ rVW , t s :' Tiel,eciplen: ,,- .-,:,,,,,,-.-,-,',-,---:-::-_±„.___ .H.','A:', .',-'.4.,.'''.:1 '.\--'''-:-.•'1.':::-'''.- I:T-'',',.--i:'-'' '1:.'''':-. '-'T.. ' r':::'[.'''..,','• ' - - „, ,. • , ,, + ,' : r,:_::::,: In_ 4gdisa Beach I call upon the citizens and members wrtlnn government agencies,public and pnvate rnstitutums, businesses,andschools in'i'iyin a Beach to also 6e>`nergh6ors helpingneigfedors'during emergencies for tile.benefit; aril betterment of the community `"so".that future generations can.appreciate anif frrtFier upfsft'our beloved C:ty�o,f 'Virginia Bead In: 444 �of:I have hereunto•set'iiy fraud and caused the C etal Seal of the City of'L.irgin a`Beacfi, - 'Virginia,to be aff e4 this Twentieth:(Day.of june,Iwo f1iiousarufaird7t ertty"wee. }•. .,Lyt,-�-.,R.r'S td•� y 41 L'-��A' _gyp,, •• �"... 7 r Nw 4; - - 6cri ll1• .` O6 a er. r. 4 r -Q Ali '�r; =. -+,ii per';.M��• - - t - - : J r r•. :� .N.:.o.,• ., H '' . ' '-. ' ' -- ''''' '-''''# -- BECN ,0'.`�+' ! b. 1C t •a O Yam' - OUP'NM 0 Ty a 4 - s L.' a- 3..r F .7fams,7eeter has served the iommu1 fftr` h Wei. t 'y J j oUg �itS K"..�-aCttltg 1i0�1111tEEi SefYi1C hPQ1 t�e�t�7116rtC L service'support.and tireless u'om partnersiisp with ffie City�of�srgv 1a Beach to assist in tfie emergency d recovery efforts m ifie ufte nail of the pnf 30,2023.-tornadq and" � ,ii,tit - FF .: ` 2fams 7eeterfiasgiven itsasl fli ande, icr�tise to�,47: rouressdents in tfieirgieatest time o need; while showieasirig the a mpfary ci�re o,f cafe found rn Vnia Beach,wliiich maf s'it such an . 'ohuto utog iiN atwrnnforthin1:�Wl S fioin on Y S1 fy . c 0-4 ,J n e i lunteer set'-nce an d fors ,`f 'Tterhas eotfie swnhsunytefdigd�catxon tovo tyand}a7Yse p6Ghthe C tyasa prem:erFcoastdlomriuitrhout''uginia Beach tofef esta c n _ te e = 01y1 1s otutsatad dic atd-de ;hv greatFy 6 - o the e e' '' • yrniaBvah and great N arear]eriis 4 houtstandingt6ami F--undnt pppmvdlh uely;close t anddesiru6 11111ty,'' s ' .contributors w`ho mal 4rgima Bea unq 7 °_V r r'l esiets Cgina ad6u iei mp actedy tfAp:rtf3othtorndoffw been 6 ehdwt hth teR i nts mztary, nsns 4e ` hns�refatoukipsu, , nd sonateadyocary;f�[am 7eetias h'e,9ener°�haP hJfto 4pad area,card rrdn ofV ri 'Beachanf withintempn f 1 `N etas By e empEif i g the mode(of cittzerisfiip andvofunteersernce inthe�4ty of VirgBeach,•21ains ?eeterfias em othercitizenrs to contribute theirs 1c andtafents to the.commun '` No , vir , ?r ifu tr4oyDaoftCy fVir Bead.Virgmia,do herey prolim:w1e fIp6e "B66 ° yerMyor t wic qèete f In : .--='''..„-liii:L.--.- ,-,_-:-•,:'',.-'..---;•-••.-.t-?4.6',-pt, , ,; ,,.,,,,..,-;:.i.6- , :i i:9.;.:-,:.... , ,'.. „., ,..,,,_. .,:_:,,, :, : .-, . -.._ „ :: ;,., . • -i ,.: ::-;-..-:,:,c-.,-,'-ri,'!,,,T,':;:-',•,:::;,=';,,,I.:•:„..---:-•-:.:,_.,-.,..'-:::.-e-,:--„,----;.:,.,,,,, -,;---:-:_-_::'Y.:"..,':,,,,,_ ,&,-,--,..,,,,,,f --4107i-. .•-•:H,; .:,. : . [i = •., ' ' ' Apj)rectirt '' 'tzrfut' 'ffit" — ---- ' ' - .. . , :4% tr�d I call upon,tile citizens andmem s within government agenci•es,pu6Gc anuf pniate institutions,. businesses,and scfioofs in'Virginia Beach to afro 6e_•`nctghiors kefping neighbors--during Emergencies for the`benefit a t 9. and 6ettermeii•'of the community so that tore generations cart appreciate acid furihrer upFift our 6efaveif City of ngrnia In 41 trress 7 have hereunto set my hanif and caused the Offs'-'''eat of the City.of Virginia Beach, 'Viginia,to 6e,affttedtfizs'wentreth'Day'of june,tlwo 7housa'ndand7uiercty-free. ,,e‘iir,s‘i, . + +"f` r .� '`T�i'�%` 4�6eit 91t._"Bo66y'''Dyer 'i ,`;;' . ' . ' '#z. --- . '-*4 -- ' ' ' '' ':-- ' - '- - y �a J IYp •�'. , 6 r t 1 '3 . �'a, - ri..4 •. _tion�• v ` _ rYoseph 9�:6rno,of,the.�Portsmouth Frre'�Department,,has s_err ed the coni . thro fFhu uck .,,:7...,::, '' -....r,r-:=-::.'-i::',..';',.: m.t_a - ,:, 3�S-f + ,, rta a! r 2 ii`� '-'j z ., acting,vnCunteer�servrce,fieartfeCt'pubfu s�rvzce su ppor and tireless u oorijupartners6:p untf: the � J. - -.c'1� fib r r4 '�1 tti�' � ' -1' t - e ":„„-:,.,-,..„.-,:;.--f.:-' -City af'Vir nch;to asset m tfw emergency response andrec cry-ef�` fterma. of a ,f �., ,ly i3 E,ov orts'ttt the a th tfieApn130,2023,tornado,aiuI z. u . iaSSlft tit42t s ,7oseph; r6zno hasg:ven(uss sk c atrdepertue to ourreszderzts in Cheer test time of need - � � -� �, B'ea while sfiowcasrngj the .i4np1ky culture of rcare found in Hrgrnia(eacfz,which ma&esjtt such,an outstan�d ng lvcat f ' `' '''' ion•or marry to<,aQ'� and' ' i are tip r k Y` r ' 4 a& Josepf: e6rno has:nspzredothers with his unyielding dedcatron-to volunteer servnce andef`ozrs : -throng.� ,,'irg nza,Beach to'ffelp establish t6e.r as a`L�'/�,,+,��i ;coastal` ' and f' lWiW „--•ry ,T"'.l - 3 r [:l w�• W,r`�1 F �F '�14iirras _� 'Visgmra Beach and nat Neckared • .6 ted 'the deilicaf of G f n sedents.have great y eneft fmm ted andenthuszastic support prvz rdeddyyosepn 6ino,he iscountedamong theerty's outswnr.ufrng contndutors who ma err inia Beach a� 6Th } kg g ;uniquely,lose lout ariddesaa.,y G� .a"d . ,> ry,ar_uf busiiid ies i acted by,fie pri(30tll 1d nadro'hiave been blessed with'the generosity an�passzonate 7adv°cacy of,1oseph&bino as he has strengtFienedrefat:anshrps with the resia'ents of'Virguua och andwnth:n the"2fampton meads area,-:and '. , ,ilt r 'r rY � - By e cmpfsfyzng the modelof cztcz"ensh:p andvolunteerrseignce,m`the� , /♦` r ..,.--;`.loseph V ibnno. empowered other_citizens to contn6ute thezrs&i[s•and talents to the cominuntty. .. Now,l 1iMz foi I, Cent R i 71, Y 3 T p ice• . t �,0 1 ,._ i1 fi a/ �(JGr L M. Bo66y=dyer,.9Vfayor o,f the sty of'Vtrgznza�Beac(r,'f�zrgm a,do here6y pioclasrim.• } � i r F` r v '' '' ' ' ' ' '' ''' ellik":::'-'1'''.. , .,, . :...;,i'J,L:-:-/,,,".- ::‘,-,..,-,-,'.-.,.-,,,,,,-.-L:/,',:.-,-,_,.,f,,,E.,,,,J�� r OIS� - .f G`lllOtl o C -----',— ' ' '- 'e �� .. _ , .. -,, ... .., .,,,--,,.., ,...' r?---',''''-'--..•-•:--i'i,'-'. .±.:-.'- ' - • •In!421nu •Beach,•I calfupon,tire citizens aril members untfizn government agencie.,public a'nd to: businesses,andschooli• in�Vsrgin a Beach to also be neighbors heip"ing new: h6ors n.during emergencies for the benef t- and betterment of,the community so=drat future generations can.apprec• iate andfurther uplift;ourrfehoved`City of irgin a.Beach. .. In-Wl'ftness I,'hhave hereunto set hand and caused..the of City' f grnia 'n3' Offuxaf Seat .the o 'Vir Bear Virginia to 6e aff c this Twentieth(Day of June,Two?6o rsanddnd?wenty-?firee., a y~!4a l..-,•1-0:l.4 Cy" ;1.tV 1:. + w •r •4: ..,;.r; `R fiert Bob dyer r y 4:1Y� ; '[yam,•V r:1: 4F.. " s {+►'•^ 'a:. w r,.,. W ays .8% 4 tea, _; ,' ;�1NIA 8 - &' ,' -`, .'';', :',,1:' - ' '.,.,:,, ,,_:„,,,,,..,.,:t7.i1.44',.. ,: '''',: �,ilL• . ' �y w -/ -1 tl_'•'' f ''F 4 8 p�.-,r pp�, � ! c• Y r Y �k 4: n'xthiriik vh f • :, • 1• + 1 t .7ustiI._.,; s of New gPart News Emergency ianagemen ha• s ser c'ed the community tlin ugf his . =acts- t�a[unteers- fred �paP f ; ..j, t � n9. r� e>�tce, � rtf� �pubCt�c�serz�tAe,sltppor�'and tireless uiork,tn � rtn�rs witft C'cty'of5'ihrgmta'Beacfi:to assist m the emergency response andrecoter efforts m the°aftermath `+ il of tfie:Apri(3O,2023,• ,and a� " r ,° , .r' rC { 't �G ,.try T L 1�F4 j .-: ,-. ` Justin'Weston fcasgit enl ."'• Fuss and. ertue;to,assut our'res�dents ni tfreiirgreatest time:of need ' `wf3le showcasing the&cmpldry cultur kof cm'e foundin¶ rgiraa cBeac'fi zvfrtck '" e It such an ' v r l Q M�,,,� lY�] i s 1 e ( H .I • _ �OCatTOTifor;lrialty t0 CQrtOrli arid' s fi � s � I }.• 1 ray '' } 9, � Y~ 'J ' Wt41eraas `'Justin'Weston has tredotf:ers wrthlas uicy efdrtg dcdtcatton to vo(unteerserrnce arul J' e ffr throughout? .,,. Beack to hc(p esta6flsfi ihte City asfa prenctericoasta[commumiy,and L. 'l a°city of�trginta`Beach artigreut Neckarea•r'esidentsrT,Y5ggn at y fiwsi the Le�Cated▪ ; - a�n�d�eefitk}u�s�tustu sripPo P i'9 h n,he is countedarr ong tfce�L'ity4s vutsta �WIWI WMLWJ- s ,y_ # F = _ u'ho make '4rginta Beack a int juely dose kjut anhlt?ra6lea�rnmumty,and - - - y r rry. `' dents,mtfita ,=a bus rwsses • 30th` e ry ;. zmPacted 6y the.,Zaml tornado have been blessed witk the "generous and passionate advocacy of justtn Weston as he has sir w r f w tk`tfie • residents of'[�irguua_Beach and within tale�larrtptom�pads area aruf:_ By P 'tg of ctt zera`skrp and vvCunteerserarnce'in thie o 'it the modeC _ r 1 •�, , G";,,, :, Beach;�usttn, estor has cmpan erect oilier citizen to contribute theta:sli Qa and talents to{the commu T' r f r^-! Now, The►efi i 'R 5 F Bo66y-Dyer�Vfayorof the City of'i- grata Bea• ch,'*gins,do here �yooc'�aii ' !-- ::'. ..,:..' 'L -.....-..:.:':,-, L,..T :. ;-:,1-.,2.,-..::::,...., i'.--L-':;/7:'7'' v' s ▪ ,,,,,,::, .,-,:;,.,„.,.,.,::,,,--,,„.,...,......,,,,,,,,,.,._,..--.,,.,-..-..,..:...,,-,:.:., y D �is '� - a �� a fvr •once Jpprecin s oACCa Im ua'Beaik 1 call'upon the citizens am!mem¢ers withrn goverierirent agencies,pu6Crc andpri ate tnstituti ns, r ,andschoofs.in'Virginia Beack[to'°also 6e.'neighbors..,,# ping'netghbors"during emergencies fortf;e benefit and betterment of the community so"'that future generations tan`appreciate anif further uplift`our 6 i ed City`of- ?Virgmia'Beac - 1 In mess� f I have hereunto set my•fcanif ant!caused tfie o Seat of.the City of''Virginia'Beach. tirguua;'to'beaffi rtt(us,�Iwentteth.,Day:ofatay,TIPP.,-ousandantiTwenty-?rice - - i.k'.. may . itit*. ` i▪" -' :; ' ,r . , Bob er s4� ?a�' a�y 4 . mil _ - - 1:).:..) ,._ -r. - - .----' '._,-:::-.._=:-: ' ',.•-±-'1.•o---1= 7_ ,F-...-7-v-......,, -s, -• '- •-:!,,,''' -','.'-- ' -• - '' •'--.-,;• - • _ � K ,SQ, y,��X ♦r ��ri, a. F. /�i h- .a a 0 t ' < 7 ' L t T 5 ) �. 1 ; '� . . r. L.._ ,.? tom.. Y. iS., � : ;�� ' i F � ' - - + _ F y� ® '. Y'rodaftnztion _ a, , •f G t.1 Y t,r ,,,: � y r; ,•y , . ,,, �-� � rf�F�S�, ���,i y x fa"1'Tr k J •� s � h-e ••L ({ .., `'filed ca(� serr a Corps(!McRf)liar ser uftje comm't rojigfi fts,,q--'�-r ctmg vofunt fae nce ' F•; 9f _--4 tl ;fa sg� 3 _ " .3 +jY!'�,,!,- l" t"��r�w-!Jt f i i heartfelt pu6acrsercnce support and tireless worf,`m partner4pwttf`thse�Ctty�of'4rg nw Beachrto fi > ,_ -�4 1 - yr• �; "a,.y t2'k�-'1�3��- ', '}•. �'�rS;x r �''"4 Fj - n ..{ '' - { M S fr z • • A +assist m tFie emergency response and recovery effvyyr�tsrinfthe ajtennat�i of tfie C30 2023,tornado, ''and �'s� ()f.3_ r 4 -iH ,c r 'i v, r"T,-' v,a . ' {r r,r 3 Fyt T - 1 xr '>i ' .✓ � - .+ Zi L� '� �. irk t ?< u L. - `^ i � '�� y 1�,r �w `�� ' Y' a i r- .t r j`'_ 1 ry, � _t { _ =1 t.. y 1y -1 Flf; ▪F� 1-� ' rY r 1 r • 4 � ` .,.c, r, � ''-1 -r ,`.[ t, � rF. ILA � � i�� ? .r., s �.. r y -., -..i M4�liar grv/en its sl In and'eppertise to assist our residents in t.heirhich,est time of need u lid s 'Ainl;hi t i.e. t tK. z : _#�}'ice ti x vt3i a-,rr - rtg exemplary culture o,f care fo • in'irg:w Bedth which ma4r it such an _ It - r'outstanding lbcatwn for marry to cull'home;and < r 4-., ' -- h • - t �I t � ' ! f �r; .. � , t- j f -: - �.(t� yy�.�r{�, �':`• -�1 � ; , < t $ -" ► _ '�'_ :• ` 9414ZC has inspired others unth its'ui:y:e1 ling dedic uwn to vofu"nteerserince and ee f-orts t(ziotcg(rnut : ., < 3 �'' y .a w� r ti h�.t. �l;•'�:j 5 •j� 'Nt.�i,.t 1 1:..1,u � :���e 1 'Vugrnra Beach to fielp'esta6Gsh the City as�a premier coasta(commun:ty__ anil' 1 t ,{� - �"� t' Ir' u t S p 's 'W�iev u -?(te City of tiisguna,Beacf•anef Peat Neckarea� �Fiavegreatlyy fo„t,the rfefivated f ' i:::::. andei thuswstrc su poly r�Trovrde �2,14 Ait`is countecfam Sig the�/-.-.•', outs tad (_`ng ,i n6, ' s ti.' y-CIf{�2T, �.f5�� � _. -+. ;_,-""."'-"J.S n-- 'T"'�W!L/•7u/l� • w(to mafg guua Beach a uniquely close l�cct,and�lesira6fe`'cmnmunrty;and t `i } 'r 'R'strfents,miCtary,and 6usn ssses impactediiy the)tt,:, 0th tornado ,have been 6(essed with the ener and passions ocacy, f 9Vi 'as pit has rt>r:ngtliened Y ,�g osity to adv o � £ relatr'onshrps with the residents AZT .✓ 4- '. r a _d,'..:•9'• -4. 4t `��..y` � s of-V ITgirna Beacr and'wttf m the�fampton 4�ads area, Milli F r 1 l /, _ •„. yr' r' �; r " ' F r y T By 'x' --rat_-:%f_f ;c_y J•.J a r tom' -A ' 4 rG, rig Wl�ll.to4L T17tl$74;.7•7J and vofunteerse t4i f m the City of Zfir"guud'Beach,�i4� erecfother �- v t ' has empow y.. �ci rzens:to contrY6ute tfietr skills and talents to t(ie� °��y� � 4�v5� • �'.' � t y tY � CO�tll��•J 7 6ert M Bob :bye*mayor f Cty f grnui x�'► �I,`R9 r 6y ,�Dy o the o '�fr Beach;>virg:nia,do(re,re6y procfar►ii: � �CS.emsW ,,J „.:,..:,,,:,:.:4::':-:.,-7_?,:-=', 'L'i;_..-;, ,:_•--• '7,-',:-,,.:'.-.. ,,, ;,,,,)-., '-:1.! ' ' - oittecipient,, .J� e� l F J ,, , __ ..,, ., , r . , ,,._ , .....,,,, 1/ ,,, .., , ..-,,',-- ,-,-''„ In` Beach, upon the citizens aiid members wit&sn ° .7 n:' I ca government agen es,Pu6lsc araf pn''''mstrtrctwns, 6usinesse�and schools in N:rgin a Beach to also 6e_"netghiors helping neigh6ors'dunng emergencies for the'.benefit aruf 6etteimerit of the community so that future.generations can appreci to arrd fur✓t(rer uPltft°our'6e(oved:�'ity of Virginia Beach In mess'Gt�rertof`I"have hereunto setTr` '' hand and caused.the O{fiaa(,Seaf of the City of'[�irg:nra BeacF� . inw to 6e•affx ithis Twentieth q)ay of june,Two?housandand2'iventy-7 ree . tii ,vuA sty,:., Gar n` '.; �6ert M b a ��ler •,r� l t: j 'ti O/c OU �p . ,.,,..,,,,,...:::::„:.., ,._,,,,„_._._ ,., :__,.., _ ,, . t'�;. avR`NA r '::•,-- :-•'-',:-:,,'_,.:,',-:•:,-'-'. ..-F.;.'''.: '-,",:'''' •,--..'"'-' -:`:'::"'''' .... '',Irk, i vcLant It'I ' � t � � 1-, t ty ..i ' 1 f �, ,,, 'lam t T 94ercy Chefs has ery a nits vo'Gent.�er elt : _ aril commf!- °ugh. 4hk-acty, , serer pu dl thr 'heartf 6Gc servsce support, tu' ' wnrktn7partnersficp 4tmfi'the City of tirigtiva teach to a rn the f, 1 fN Ort4ln.thea is r emergenc�response and recaUeryyeff :of thc)pnl30,2023;_torna fq and' ar}, 1 ' x �L y 3 f ; �- 1.1 f 5 3 ) '� � :j Mercy Cliiefs:/▪ liasgrven its s1 s andde g crtiresto asstst'ourrestdents in tfietrgreat-est time o need v ' efiil'sfowcasmg the e mpfary culture of care foundin• 'rgutiahBeacfi,whscft�maf s tt such ari - -outstandi _-� �� -�-� ,� � Y � .i a a ,� " i ng mn.g-,n forma ry to cn kfiome and•tmmtgmnts continue: iirgi w,6usrnesses,innovate; ;z •strengthen ou▪recononry,arufcreateAme-rcan jobs ih'Vir Beach,�i%ir -arid . , filer s Iras ed others-with its ng .twn to antitff �'�G�f u►sptr � unys� dedtca volunteer ser'vtce orts 7 annrtumty;sand ^throughout�i�trgt�tta beach to'(relp esta6Gsfi the City as apremrer• ...cafaf r '� - r - ?'"-.7,'Cwty of'Virgtma_Beach ant great 9Veckarca residents have greatly 6ertefitedfro�ntztfie dedicated'•aTl4 67LL t ~' r S✓ r "2 TM :„., liusrastYc support prOvtded 6y Jrferey Chiefs;rt u eoun•tedamong;theCity:s outrtanfirrtg. contn6utors who maj�'Virg nia Beach a untqueFy close-r ut atuf ifesrra6le com nti `-and x ::::,--:::::',;jr: ,--, the 3«Oth t . a and biliii- ses unpacted by Apra i ontado have been 6,essed wcth tje 9 y anif advocacy of 3ieny Clefa as rt huts str refit onshrps wmr tfie'� 7* residents of 1'rginth•Beach and wnthtrt the-Jfampton pails area;•and t t G U i(By a emphifyttg the model of attzensfnp antvolunteer service in tiie - {/?�'ia tray Beach,4 rt C ed v )) empower t(zercitt,zerts to contcbute theirs artd'tafentsto the comfnurnty -� - Norv, I,4p6ert JK 1aBo66y'Dyer,9 tayor of the City of'V_trgtraa:�$eacf,41---: , ia,do%here y1�wvcilth v- , •{ t, y Y �n Y r,.� r 4,. s ij,�fie �• . r 40 + ar this- ' h S• Y , `3. "f - q h• - 1. j.. G ppreciatin Al +� � ! { .. _ „ ,,. ,,,, , ,-„,- --,- '' , ,'-. : --;-,--i- - •-- In'G4r$aaa RBeacf,I-C.-allupon t_fie citizens ant members within a errtmentt g agencies,pubatc and pnvq__ . stttuttons, businesses,and scbwols i. ginia Beach to also be c g1t'6ors fiefprng neigf6ors,efurtn9,emergencies fo•r the Genf t t. and betterment o tfe.commu so that e.f '? f itur generations can a,-- - ate and further .- , - our 6elot�ed City of' 'Virginia`Beach In of I.have•hereunto set m LL ='y ha caused.the Offtaal.Seal of the Cii, of'i;�irgtnia BeacFr, - 'Virginia;to 6e aff xetthis?wentieth Day oflune,Tw• o 7ftousart�fanil2'weiity-free. c e RZr'7:1 YY;.:.,s/ir, , t,..a 6ert 9 - BObby.:�Dyer • ."-::::11.;11:''---7:770-..'il-i!t30:Wr _.•_, 1' i 2 Op RUR NA,1%° 'Whereas: The National Wea t=cierService(2V WS—Wakefield)f el4)has served the community through its quick acting volunteer service,heartfelt public service support,and tireless workin partnership with the City of Virginia Beach to assist in the emergency response and-recovery efforts in the aftermath of the April 30,2023,tornado;and Whereas: WWS-Wakef veld has given its skiffs and expertise to assist our residents in their greatest time of need while showcasing the exemplary culture of care found in Virginia Beach,which makes it such an outstanding location for many to cad home;and Whereas: 9V'WS-Wake,field has inspired others with its unyielding dedication to volunteer service and efforts throughout'Virginia Beach to help establish the City as a premier coastal community;and Whereas:ereas: (The City of Virginia Beach and great Neckarea residents have greatly benefited from the dedicated and enthusiastic support provided by N'WS-Wakefield it is counted among the City's outstanding contributors who make Virginia Beach a uniquely close-knit and desirable community;and '44ierea.= &silents,military,and businesses impacted 6y the April-30th tornado have been blessed with the generosity and passionate advocacy of WINS-'Wak field as it has strengthened relationships with the residents of Virginia Beach and within the J-fampton Roads area;and 'Whereas: By exemplifying the model of citizenship and-volunteer service in the City of Virginia Beach,2VrWS -`Wakefield has empowered other citizens to contribute their skiffs and talents to the community. Now,qfierefore I,qWert W. "Bobby"Dyer,9Kayor of the City of Virginia Beach,Virginia,do hereby proclaim: The 1(aticrna(Weather Service (WS— Wakefie() The recipient of this Tornado &sponse Appreciation Proclamation In' rginia(Beach,I call upon the citizens and members within government agencies,public and private institutions, businesses,and schools in'Virginia Beach to also be"neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach, In'Witness Whereof, I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, Virginia,to be affixed this'Twentieth(Day of June,'Two'Thousand and‘Twenty-Three. Wobert 9K, 'Bobby'Dyer - Mayor 1-: - -TM�---x_ n fi w x 9UR NC` ti } _ q Clr ir;^ ty A' jslr L ) )••- ,''''': '- ,:-. •'',c.':--•-,-:••,•':Tr::-:,..=•' • '':'' et, itnit ,.„0 4 , , „ , ,,..; 1. ,,, •,,,,,,...-.--,-'e• .- • -,-.-• ','--, -, ' 1 ' ' ', ' - —' • :;:' ''';:•-::::1 '':',::':-:::::-.- i:' '•'72:-:' 41111:41V,WLW ''-.-', t ;:._,'-',:-..',-::.1.., ' -,--,.. ,. ,1,-.-;-:..,-: .ilil[ - : �_ 3b f . � y-. � l��{4..C�+'S,4 � -'�'�� , t'i 9� /}7 > � t th Y ': 'Papa70hn s/1as,: i. "t`le Corlimun c r' rceF` r( :t, tLy thrOligh itS I�UtLk-QCtltlg ti'Ol1ln�ttEB1;Se1�Y�J�Ce,deal felt pU6�L - .1 t i Yo ,.-'4 lre&'ss okzn s,ft'ry,- fi' /i the�4:,' of ,r. 'v`'�'_ N n- .� selvire DPP Parrners�np with t(ie Lity°f fir SBeach to assist iri`the � t.� ,r ,. y }.- .s 1,ytr�� 'f+ Oink F M Y ^f 5r : a genet'response and red 4ovcry efforts ni the a,fta�1matf of tfi I 30 20 3 Wmaidi anI � _ ? is< A: .l -� ff � �; �3,'�� { y .} r 13�r.rs � i _ ti Cs T 7-i r yr:' �{ i ' ,t v .±i T}-'y l IJ S 4 r t a - t..S +.c;'r :r.t` k ar 'r1 ,. :`�-f # t A o6 r* F Papa�o fasgwen its sli{Qa andexpe tseo-to:assist our�resu eats in their-greatest tune of need whrfe;shoiscasing•tiie e. nnipfy cu�/lu''rre of carefoundin nra Beac4},whuh mrYf:-.sit such an (oc4tion for many tot eiif home, .'/�ir�(]�l „, s i,4 S 1F'� r riT ES "! i outstanifvf ig� r k v rP,,,14,k" r a -" ' �r t x-1 h4 i - A ._ti h r�J t J ,`� Yh z.._ Y John's has i others ` 7 ' rara ° : t, r. eerse>vnce andefforts �apd � ?Vttfl ttS t[l y1P�t7ig��0 Y�Ol1Ltt ,., + throughout'fhrgrnur Beach to esta6GSf1 the 3 t� r 1. Gity as•aapremterCaastalcommuruty,and T _ •1 try a r' 3 �� r r• � ''' e City of Virginia,Beat&and Great Neckar'e,„,-Beats Fiat a greatly 6enefitciJi n the a uated and en supp,°1•t d16y Ba "9ohn s,tt is countufa�j'f(�ng tyre 's outsta•ndng „- � r- V �f ti) � t 1 jy ,t. [ 1 mang- L "k-! r � ) c nt 6iutorstvho ma Voyinia Beach a,un quely'cfosefkjut'anddesrxa6le community;and �/rIMFI� T ,.j f 3" 1 3 1 ' F' 4�srdents military,fa 6usznerses}unpacted fiy the '4prf30th tornado<Fave been•Slesseduntfi the generosiRty and passionate advocacy of Papa Jnflin-s as it'has�strcngtlwned relationships�witfi tfie `, resuf nts of I irguna Beat/i andwithin'tfreJfampton r.1: :3 c _ "` 1 t `r ? :0, _ rea,W(µ- s 13 1 • Bye mpffying the mode.f crttzensfnp andvofcnteers`errnce,in tfie Cty of''zrgitisa Beach Papa ' ohn' hQS � '�_'.i� 1 'L-6 a �k! L t.-..- :. -y l s, empoweredothercmzens,to contn6ute tfieirsl s ansitafents to tfie community ' Now, fold 4p6eii rr9066yf-.cDyer. ta•yorof tfie City of Virginia Beads'�ng'--- - d,'',. ye6y rt 11 J.F ' , __ . ..._ -,-,- .n.-, '-': .iii:;;,..-:!,'",..„'iir: ;,-;.-:_.. .---,-,,:-...,;.::',:::,-,..,-,ifi--f,--,27,1,-..,,-,l V l it o/in C ' l+ -J _ , , _ ,,,.,vie...-.,„ _,',: i-:,':- ‘`.;. ,is-...,; ,-,; -,-- orlse ' 1' - rc lJ4pprecia • 'f t t a I calfupon the citizens antimembers Qintfungovernment agencies,public andprivate i st tutum ` andschoo(s in Virginia Beach to'afso 6e`nerghdors fief fi6nrs"d t . ' ',<- f , g , p g'tag uring`emergencws for the 4:tY' t; and 6��rnent o the,commuru so-.that re enera,tions can appreciate antifuitfier uplif our befaved CityyYof. . tiinia•-Beach In,4N wfierwfi , I,have Hof kereunto set my fiani and caused the Offrcral Seal of tile City of Vrginia c&aif, Virginia•,to 6e a d tftis?wentieth(Day ofjune,'Two•?fiousand'a_nd�Ti'nty-free. . - _�Qr�?-'SF I�r r.�i!-.'%!r may' �t:FAs _ DYer _ �•i. 4 'L`., 6Ln!M Bo 1. c ate ' : , ''.-'1'..-- :',1.--' 44''''Ik.-,,..- -,,.,t'q''',,,,;;-,- .:' •..',:---.'H-,'.'.--':.:.;: . :" ,--",- ,, ',' ',::--'''-' : .'.-':-: L.„ ' , ' . t - rT S ..f"TMs y .'CI. y. \� l _ -, .J-s rr c 1 a-1 ourt xa?�° f rotla t. i , `fation... Y:i .Y ,:.„:,,,_..,, ,,._.:,, ,, i,..,,_,-::. ': ,�� Peace andLOve D � • �• jr, �, 1; �,' ,, _ a ` ��,i � - � �J Onuts IIQS'SefYJed they hits comntuntty throng quuk-attrng vofunteerserusce , fzeartfeft public' 1 anc tzrefess w an F�°1 �,, r'' `e� _ ser7nc� y A ,�, worf.� partnership^gvsth t(�ie L'ety of zhrguua.Be'ac(c to assist in emergency response and recovery efforts to the aftenna't(tkof the)1pt130,2023,tornada ,ate , L= ��r .� , ! '`'' '.•, (PC4cC and`_L`oce��D�onuts1 a/sfgn'en its'skrlbs and`eN77:_-rse,to assist our m t greatest time ` 7lCG:L' &show < ti -. - -u' R' . i y.. y ter+- < Lr _ t S ; of ,a_,o.:-L d' cas:!r9 a.� "glary cr(tu'=ofcara';',1 dm�ilirgucta Beacf�-w4acfi ma s it 'suc! n mg focafiron;or�many;to callfiome,and' r - -"r c E ur r - ,'- ,' Peace andLove'Donuts flan ed 3others wlthi• " • y its utcyeng leduatum to vofunteerservice artd ' ".efforts thsmighout'Virgu th:cF ach to,help esta6.q. tfie City as a':•a r�coastaCcommuV T premier; dnd• - 4Ngevas' Ifre CityNof'Virguua Peach andccr�at9lreikar'ea• srdents`haz�egreatf-4tdfitedf o„Z tfiejded ca;tsif andentfusrasto support provufed 6 (Peace'andl owe(Donuts rt is countedamong the s t outstandng contn6utors who mgil, hrguua Peach close ,, t a dessrab&e,' `' '' ,ue� �?� � cOrrtrlq[fltty s.1� FaM� �� i S t t 1 1 f L Lif{f1. J J x ?jsi4cnts,mrfitary,anddunmesses rmpacteld6y.-the,pr 3,0th tomato have 6een bfessedzurth t(re n' generosity andpass onatc adwocacy;of'Peace and.Gove(Donuts as":t has tionsftrps, untf the residents of ir,_,,,Peacft"and withrn the?famptoic arcq and - 4 -- • ' , �i't a +., - "` - � � „ _ 3� - � v r iri ' t 4 _`t ., Bye mpCtfyrng the modelo attzerishz andvofunteerser�nce to the o `. i,f p ,:. • �'f.�,4�g�a•Bear.�Peace arrdLove'Donuts`has ernpowere' officer•citizens to umtnbute tlieirs&iQa'and tafents�to the � t h Bo66y ,Dyer,stay` f the a.f?hrgrnra°Beat' :?,trgmiq do fi¢re6y pmI.c(ann:' ✓ peace ansfLave'• » �onut� }, ��cpzen of e ►rctation - �4:�Q1nQt'10n In:!G ,atta�eatl I call upon the citizens antmemiers wit•fiingovernment agencies,pu6&i andpr vate institution, Businesses,andschoof. in;'i4rginra Peach to afro fie nergh6ors helping neighbors°'dunng:emergencres for the:`benefit' and betterment of the community so that future generations can appreciate andfurther uplift iur'be(ot f City of '�irginra(Rvarf Ia 4`Y�tcivof, l'have hereunto set hand and cnu• -.-the pfficraf.Seaf of 4 • :the City of'Virguna,Bead yirguua,'to be a d this Twentieth 3'of junk two?horrsandand 7u'cnty-7firee.. r• �, ;••r�` � •.. 4�6ertAt. °Bo6 p er ' ma, ..' : ' -:--,,.- ---• _-,:--,. - '- '1-:::,:,;'-.--t-,TS',,,AC:±: -`11:1)c; , ';,.;:-.-.,;•.-,ri,..- :, ,_,. :.,.:',.:,, .,.,,.._-,., : ,, , ,,, , , O It 44[ s �1�: - �p��,.Kp1��` ` lE L„.,-r::::;,::::_.;: -;.',-,•:::--,, ...i,.:,::-,',....•,,•, :-..i:i.,.!,'-,,--i.!,„-:;,-,_•.:,':,:: ::,..=-I3.-------7..,-,,,',;„-_•:,-;:•,4.,:',,,:---,--. 'f,.;,,,:-'-',-.:-',,--:',.:-...-'---:.(i'-'.-,-'', '-:-',:'- -,- ----'7,,-: , ,;::,,,,:-,,,.:-.:•:,-:::,;;.:--- ,:-..'''':-,,,, E..,--_,_-, i-,,,:y;:-.?_-.--:-.:.-:-,7:::.:,:,' ,,, :„,,, , _,,:,.•:,,,,,,, ,.,, •_,,,.„,:,,,...,-L,-.„.,..,:,,,,,::,, „,„, ...., , L.„ ," -, , ,d yy y .. „0 .,,,, ,, ,,., ..,,, .., „.„,„,,:,_,,-,,„,„;,..,_,,„;„,.,,,.-,.,,.,,,:,,..:..,.,,,,...,: :,.::: : ,..,.,,,,....::._,:„,,.. .,_ •-.,r.c.,,,,‘,,,,,:,,,,„.......„,-„,,,,,,,,, ,,,r.,.,_ ,,..,-,,::„_• ..-:-,• _ . ; ,,.,,....,i;.,,,,......,_,,...,..,;„.„„ ,' -,--_,„--.. 121 Pe ,,,,,,,,,.,;',....,,,,r,„,-,_,-_,.„.„,,,,,,--„,..--.,.•„._-_,..„,: ,..;..„.:,,,,,:_•.:,;_,..,, ...,...,,,,,..,.„..,, ,.„,_,.•„,r.„„:„..,, ,,„ , „, .,.._e_, ,,,_,.,,_ . ..,,,,,:.,,,,,,,:„,,__.,,. ,,,,.e,_,,,,,,,:,:.„..„:,e_,_,„.,....„,,,,,„:::„„::.se :,.„..„.:„....„,,,,,i„,,:,::,,..ee_... ....,,..„,: :.:,: ;, , .:: ,_ ,., e.„......,:„...,2 f. 'i tPungo Brit. 's BCBQfias ser�ecf the,communty.through,itc�u►ck-acting i othnteer�se nc�shea ett" `_ pu6Gc senmce support andtiretess,4var*j par,-.,.. sFttp'u'itf t(e;City of Z4rg n a Beach to assist in - r s : , r_ tine en ergency..response ant ecoiery efforts in tfie aftermath of the)Ypr'l'30,2023,tornado,and ��' "_ S . �,gr Y� �� r y[ �, " C �� ' ��� 5 f '1 t Y £- . f f(Pungo,Brothers BBiQQhasgiven us's anteeertuse to assist our in theirgreatest4time of neet wftle s/i`awcasrngitfie e.�irrptdry culture of care foundmf,'i..gcma(eaef,wfuefi it such _ 1:040/�/�.�/�.,,C 'fir 1f�////({�y/�-_ z n ,, Y ' an outstanding,tocatron fo to ca//Lome,a i;• 2 Z rrii4 'ilingo 3rothErs(BQltas t `napt%cd othth•,,,,,ll its un ie ng&dic ltiOn.to voLitiueei scwit y ant J S � rf f 'ef j.forts tfirougtiout'VirgtnisBeachito`fietp esta6lash fhe t'ity,as a premrerfcoastat'connradti ,anrt �, 1 , � ". r tip y' 1 s y t "S ti t.V r 4 ienabx rL?re City of'V:irginra beach an great%ckarea rysidents haregre4 f- 6enefrte from the red cased+< ant enthusiastu support pro nded 6y Picngo Brothers B&.BQ it iS<countedamong,the pity s ` r outstan umtri6ritors wh o mahe,'Vt ginia c&achii a umquetj close-knit anit ¢desrradte'com 1 _ . i �-I T 4 S }f_ E- rotary, mipacte�f�6y tileftpnl30th ton7arfo�have.6een 61P sedwith`tile generosity andpassionate atvouzcy ofcPungo(Brothers(BB_Qas has s rcngthen dreetdtumsfups with the residents of'Virgin a=Beach'andwith/n the 9f Eton(��/]i�(�ai' aril F By a emp%cjing the:modetof citrceriship andvo �lunteersei we in the city of,'i rginia Beacf� o 2 Brothers l`' c��Q; s other cetrzens to�contr:6ute°theirs Qr and talents tothe- omm ' J(ow,t � ` �-,�(JerGi. M. rB o66y�uDyer,9Ka�y.arf theiy '°'hr ,f:rn:-- ' tfVrriraaBeach;'Virgruc�dee6ypv t i'•._ ,-,.,,. ' ' , • ' 'i,'";-1.!-'-:"- '.,,,,.,--,7;?,-.:,';'•,,:,',.5:i:';',.,,,:,1':'',;,',',.„:.'ji'-';')ii '''::--,.:,':;''....',-,',i.„*-'7:' ,;tfi-._,_-.,: „ _. ,, , . ,,,,._ ,,, . _ . , , . :, ,:,...,„,, v,_.,:_„,. . , 1-_,_,---, .. ,, _ ,,, f lion Proclacmat�aon In'• Bea I cal upon the citizens and members within government encies,puf&and nstitut ag pnvate t ions, businesses,;and schools in'Vtrginia Beaci to also 6e neighbors helping ne•gh6ors°during emergencies the-b t f g?t and 6e�tennent o the community so thattfuture generations can appreciate ant further upliift our 6e virginig Beach. fovea City of In Whereof I:;have hereunto set my (rand and caused the Offcial:Seat:af'the City of'Virginia Beac '(rginia;to 6e'a d tIus Twentieth;(Day of,Jr Ti"vo rho Gsancf antTu enty-?hrea ;;•*` a '' - 006ert M.'.Bo66y Dyer a • tt.aS u 1= • -Gt�1A BF„A r �. `� te : • r1 , t, , _ - o_ •> ;o� w - `Y rs ''a_uts ctr aW1i'h thT oB4intia tBFiro„ena icn e,re' rtfsfe1- `"n1 1 u cth,pt e't a-B�tee aeirt,i c ''i�arcNlr eir sgic�oir'eet e ea i s cxv, a Cf1o''1.m rcomfa.t'y t c oee mrat1 , --. h h e rh O uny hogementj; asS r (u unt h • YofCh'e " Y Emergy aUrwgpo andtiS:u of prterp C c hael pu6Gciece Supr r ertsin theftemath wk-actigvolunteer er he eny responseandreryfp; qua _4zµhto assist,intmerg L the'Ciity of`1rjim�a _�ornal,r � dr 1 of tt pnl3O;22,tqa ' ,r ! i o rE . s1 t�its m their r eate rne • _� t ' 3 n rse foassst our .V,., Y l„ , fmats it such'1 7 (uiin� has'givenfers a ..f C 3ud=L, 'Iirgrnia Beacf,wuh e' ShaionC n ,*"� 3�f cu . 'ofarefom r - _✓- �� _ h'WJn heekempry 'c,.. Qj� rfiT lts IW4ndnlca formm Aa n�t oca-�1 a -r_ anoutsta g y r f�`r, '' fd Ddation to iofnterseitcuandhr sprd other witterny `Cinga . iostal com;Sharo Cham6erGnasmt hep esablishtfe ity s apemer 1'rtfi fut Vbga(eacho a: forts g _ H hdeduateif_ ` G.- -.rdntf :hv '' t ?bf ' f 'L r 3 FHhny'reattWeekareaesissuU'). -ndamong the Cis! M1-f f 1r C ofVirg : p�ndedadySharon Cha`mffi •he oe ;anid desirae :mui _usistuspport Bea-- aitaiqullsr 7kmt ., 'r_;t• u �[ thok irgmiaJ 1; ..t � :: _d'77gWK�Tibuors T' ma g kJ -T . " -,os, r r r " .- liii _ � +_. z � 6een,amblesdwithte; pl30th toinatio Sav ,c ntr ,nipactedbyhe•An - " hndrefatronsp rm1 a ad buiesses{m n' -he Sasstrengt `'N Qa ;�sidets� 0 c ,rnChanberiasssa e oteadvoay:o0_,,-o 9dae ruf neastyiandpasna hin the? mogaa,ge oi Beach anduntthe resueats f Tngna ha o itiaBeacfiSronluneSernce in theCtyfgic r „''ofEn.„ s, fip andvo , I1indtaferits.to the ng henodel tfeirs b e"ifay other citzens o N i :1° Chamen a r do here im° ao r otfeC1ty fYirginr I 6er ?Fi °Bobf' Dyer,?13t -. -%w,r . . :-::: '-•''''-':, ' .-''',-:-.-.:7,-3-:.,"-;±..-,-.._ ,''.-„.'7;,,;,-'',7•,--',:.--:,',... ---,•:,,',...-.,;.;•'_ "•,.-- -'"feifi.i',-0r.iiiii•-.85----etalt,0:•,,,•;-77c,-;::,•1:-ni-..-,'i -,0::„,":.:-70,.:1,,-,,,,,-..'..':,0:---.,:. ,-0-.,,,-,,,,.:- ', - , ,. ,,, H 14:. In: ,,i. ,,,,,_.:-...:,,,,,-...,. ,-- ,, :,,-.',._',,,,,,-- ,=.,,-,',-:•:77.7•751-;:fi-::j?.',_=,'--'..'':,./.-i-•-:-,i:°- .0.-'':-.' ''' '''''''2'''reitrtittnitin- ' ' '':'''''-7'1''''' ' .'''''-''- '"'-'-' '-. ':'''-'-''''''l'-' -r- .-0::':AJ-''''"'''''::'''''''1.''''"•tiOn.'''.0?),C ' : ,.. ,.,.:;,_-i-r,-'..;,,-,'• r. , _,--:.,_: :rT•r'',,.,,,:;','-'0,,,-,,,:,:": '0, : -, _'Gfigatia Btai I call upon tfie citizens and members uritfurtgovet meet en Yes and private armd I calftalf 4hr to Beachrto a L institutu r busumesse, `gin !so be neighbors fie`lping neighbors°dunng emergencies for the benefit and betterment of the co., -- :ity so"that future generations car%appreciate arrd furtfrer up oura beloved City of `i'rgrnia Beach . In '4it ess 44le vof, I have hereunto'set my hand and caused tfie t Seal o the . 'Vim sniq-t'' ed•thr's twentieth 1- S f of -- g aff+� Day of;9une,Two 2Tiousandarid7rvent -2Tm ea. rig •x•4}i- .A# �g6cn 'D - F ear':•'.; Bobby<<Dyer . :��t aym, ,+ �,•':. l .t;:'ic�yy a I ' _ _ may, i �i !, r yr �air 111 q.Y z• w j OUR`ttArt ` (,,,,:',,;, r �S� _ 1. - _ `�. (• �"• � rodamatton ib{ }�u :� �'2... � u ,vt�.i ,i ` ,73 r''' - , i ,:, r'-,,_,' ,,,''''., r 'I , 4 .+s J Lr 1`f S Y l y : "ran '1 � ` i -� x_ .Southern Baptist�Disaster'Q�Gtf(tas served tie'community tl r ugle its qui f acing volunteer c segue;,fteartfelt pu6Cu service support an f tireless workftn yy�a{rtners with the vrr i awe to assist m theeeruergency',response anirecavery efforts In tfie aftermatfi'of tficApnl30,2023, 1 aoniado and A:,,r �r { S` _ J +' a Z1f�Xerrax Southern Baptistr�Disaster Rchef fuugwen,its'sh s and a to assist'ourr stdents in their - � -s;a t �{ ail ti{7 T3,.� +; '1`e��} "� Y l - �' �r-v' greatest time`of need"zvhrl sfiou'casing tnhie a empla,! culture of'care foniuuin hrguua=Beach,which `' • .r, f-it•such an outstanding location formany�to_call'hiome,and, ',Southern Baptist�I?unster Csef has inspireiothers wit zts,uny e�n9,defivat:on to volunteer taer`vlce'andeffoiu throughout- irgiraa Beachzto hielptesta6Gsf tfic C� ,as a.{ V - 3 b s o� r It >c ¢ h'�t premlerCoastal coin and - 1L rl i , F„ - (r am a Q��`(( Q• 'n-.Q ��/�i 1.�,yr .�T (kj: t 3 'y�; �^}ry Q[��/j�f�jj1�(f]]�Q])vj ^-eQ;� x Ir.-er _ .Z � 1hL. J 'ir I BNN•f;an treat✓�eckarea.,iaisid is gre4 .1 J ".-the M4Muated' YS , _and enthusrastu ort : _ r: �' `, upp��2prnvuted^.fySouthe»t Baptist�Duaster4�ffcf,'�it ss u+untedamortg�Ftep �,C'ity's Outstanfiing a 'whonta 4'ihrgmra Beach,a unuquety+close-out anddestra6le fi } � 1` s ,community,anI '* i•-.:7-,.:;'-': 4�Nurrav +, ,,mrftary and buses mpacted6y the pnl30trn &±ve�6een blase i,;: the} gene setyrandpdcs�or ate advocacy of,Soutfien Baptist�Drsaster fef as it has 'relationships-with tic resr&nts s.of'vrrgtnra Beach and w t in the�Sfampton meads area,and-= >,,7 �• ; 4 %. - tom; ? �r � ttreax By eX� p fyrng the model o•f atrze�iufup andvo unteer servue rn,the City of'Vtrguua,Beach, i 'rSouthe -Baptist,,,,__ter x ,, 11�Cu,f has etnpavered Other atizeru to contribute then s�Qs and talents" to the community • z i _ .w/y'/�� C i Y� R .4 - - 5 t L I,-+4�6ert 9K. "B 66yrP Dyer,0layorz of the City of'i irglnra,Beach,,i�ugnaa,d0 hereby procfatm.' S 1 Ba ti t��hSaS'ter • , 'IHie o this 2'.x • 01S.SO aaat� n • • .* �Fixclarnaion I-:• ' in a Bever I call'upon the citizens and members within government agencies,pu6Gc and pnvate to t tuttorrs 6u'smesses andschools in'r'trginra Beach,to also 6e "netgh6oes helping ne gh(ors'during emergencies for the'benefit, aril6el rent of the community so thatfuture gen_erattons.can=appreciate and,fu iuzer'upCrft our beloved City.of 'Virgcnta:Beach ; In Witness Zf of.I:have`,hiereunto set my haruf and caused the Offuio!Seal.of the City of,.., -rgrrua�:Beacf, 'Virginia;to he'aff id this 7went h'�Day ofyune,(Iwo?hvusatrdand7wen'ty-7firee: - .'M it _I j t - }I, l .: fy'.kp nbro 1 w 7 :�" p J0 �<",R ay. orb�,.1 - --� _ JyQ Aj -y C_ ts�, �- if _ - supp ort, t swei Svrtsrt_t h� r hC _c ;.7'; kitina -1 i, , _1 o _ _ • • - - y7 �vr =t LQSenedt1 nz thro ugh:its.9u volunterp' 9Bmn�1l e� Churhe I w �buy C t _o '- 1 seafice; rs4flp46ic srvc an i,. or�;n parnhipmauhefty`Afp»10m023E`Beahtoassist rn theemergenryreposearfeovey rnea# to , ' ;_.tornado,and' �::, - , , ' Spring Branch Community Church fuasg"iven itsis&if and a ertise to assist our residents in their p '�eatest time s �� 4�r�dwhiley �tion � Plar3'cuftrtre of care foundto`�rgatuaBPacfr,'whacht s s n outstan�ng� `for ratty toalrhome,anI :*' ` 5 r ¶4'et pt Spring Branch Community Clam Parlors in pried others with its unyreffirngide iication to volunteer sertnce andefforts tf Ougfiout Virginia Beacfi to ke4)esta6frsfi tfre City as a preimer coastal ,. --ommunity a h = r . 49 rax `ITie City i f`Virgin a Beachnaiad Great Neckarea residents fuave B eaty 6 the`dedreaterl ante>tt'' 1," tic : Pop ' 6yspnn9'Branch Community Church,it is countedamvrtgtile 'City's outstcndzng contn6utaasAi.ini14'ilerrginia Beacha uniquely close lout anddesira6le f f __ } cor untty,a"nd t is ' g t ry,arulF impacted6y the)ipn130th 'to nado lave been 6fessedwith the generassty andpassioirate advocacyr,ofspr ng Branch Community:CCrurcfi as it has strcngtfienei '_ - relationships with tlare'-rehfcn s of'Vrr Beatf arufw thin the'Jfampton 9iads aiea;and c m muni ty. ,.r h � tl nheCof'VrnraBeachS yfyin the modeWfctizens anvounteerseace i . iy g ,.t x ;Bgempg o ther ti 6u "ther skisandtrlentsto thhe Branch`CommunityChurhhas cmjvu erect octzenstoCont l , t f . f D' - r ; Yi F y ; (ow, I,4�p6eft M. -Bp66y rDyer�iiayorof the City of Virginia Beady Virginian do-herefiy proclaim,- �' Brand. _�_ , , Co noun r,Chur ' ' illie'reci this�0" Q 1'^ ' 7 • .�p sponseA tionii. - efa a can the citizens and In.W�t•rgtnia math, upon _.,_..iFi L, withingovernmentagencies,pu6fu and'pnvate nthifrmons, businesses,_and schools in'Virginia teach to`also 6e rergh6vrs helping negh6ors'dunng emergencies for the benefit aril betterment of the oininunity,so that future generations can appreciate and further.uplift,our beloved:City of Virginia Beach. In,ci mess Whereof,I have fie>cainto`set.my hand:and caused the official seal of the City of Z/irginia Beach, 'f/iigini,to 6e a this?weritieth o une;Two 2FvusandantT 2Tsee. - ,�y�.f� wenty- - _- `' r4 is ... :t ..• ' =;;;::5p,i;:••,.• ^i - - �?Kayor r � ��JCI •t �Z'1 '1 . 4 _ *,- _"` -_ '� � Yt04- f I OF �Arp F 1- -- t T 4 ry -t.f,: t,6i f ;.J l �.�� '. ._. ..... „ .....„,:,..,„ ..,....,, ,, . s, p 4 ation 4'� �. _' _ ` f } - ;� �h Ji �. E r.ti e yµ`.' o- k.� .r '- , i r.i } '� a 1 tz.. �i _1 rr4!7,,, �' qr t w '. ;- H 1 ' '' - H ;gat 6- tom _ ;� .� � :r y� ) Est has se> dthe uom►uattty'thro,gh itS l iiiLk-acting 1;offvfltecr_seITiILe,(leaf felt p?u6ai T -� tr 'c4 1 ) . y ' Seance support,and tmfess wort infpartnersfi witf the C y of guna,Beiuli to assist;in the - `7� '' the a�''th o the` r �.TF �, , emergency response ands _t, eff • ite fiernra fi i :1pnC30 2023;tornado,acid; -y ' - ►-,--.,1 as 4 _�r▪ `_-i -i -"-,,f t 1' tror r7' j; � i r r • wt ii* ,f s a i F}tF `G r 'f ti Gy „ S hasgiven its�s&dZ andarpert se.to assrst our resufen s rn theirgreatest time of needu'fiife` � -fy i �'� t�iti r 1 --1� � R'fi .- K.7!Q-�- , .7-. hK. �¢A,t�c i r n F sfivwrasrn,,---,�,exemp(ary'cufture;of eare foundin�rrgusia4(Beach iiilzch mal c it such an { •oiutstQIi7�10..'di w n foY .,�'a"� 'e '{ y r Y K ?hrS k i s ' L, � - ity to caQ`/ivme,and t T ' Ar t tt s efr6uc&ha nsrdhersu s efa`` tta �ovfunteer�sn ntmtsSt-a ipieot ithit,u g4ion eas � atv and thmgf1itt,f rgma Bach o helesta6Gsf,,'0,8�tyas apremercofcmmnu s '(1 ewi2r `The City of?irguun'Beach ant Credal'?(eckawea'rtsYdents havegiea&� the d dicated ' and support praiided 6y,iSt�ar6uc ks,rt is counted among tle City s outstay' .� CJ '/�j(fj'Jj�(/� contributors mar '[hrginia Beach a iiniquefy:close lout anuldesna6le ,and 1 ,y ._, � , � -�� ;&-S��. .,�� Com�nity.�- ry f -,: X v; - 1� '} t Residents iniEtaty,and 6usinesses impacted 6y they 30t tornado shave been b the Cesaedwnh = '�enem 'and aSStonateT4d _�p� g siy P vocacy=of Star6ucks as,4 has st>'engthened ielatxonshtps nth , f'ihrgiraa'Beach antwit in amp�i 'ads ea�F 4 i y ��of, _.� thexampton QT""7'-atuf i �� Y;] 'R r � f r T 5., ,x t' It '1 t - 'y-r s ' hit ,tilemi f dtrtcnsf!pandvohnteerseuue in theCyof�irgiva Beac,Staru_e_ks has empow other atizens'o contn6ute theifrs antitQ_lents to the`community' ice} 4 t' 'h'a' .�, f T -' 2 r{ JWot� l g6ei't V' r a; er or Hie r..at . a ,e - ,` fvne , 9K. 66y 3' , ay of C?h' f'i rginra Beacfg-'Uirgirisa, hereby p1clatm tp T ''t i ,. v .'E c P� ▪ ..^,�, kf .y r- . _ .._r tf Jl�e hs2oi p + son f` r In:`*gi iia Batik I caf r e upon the citiz ens'and me mbers su tlin gs vze zment genc".eds,p nn6Gi aCtfnQt 'pr:v ate mset yu ioig 6usinesses,=andschool in'Urgvtra Buch talobe`neigh6mr h eCmg neigf6ors° u g emergencies h t anti sothatfu u_ getir eatusNcn appreciate,anffurlherp orsdeved oVirginiaBeach. •'; - - ' In`4 tiiiii l44ierxaf, I have hereunto set illy hand and caused the O ciaf f Ci o 'ih'r •inia Seal o tfie ty f g � `l irginia;-to 6e affixed this(twentieth Day of june,-Iwo 2fousand"and'111enty?hrce- r} a�`,l• yg �r't`+ .LI. it ^-' • �^/r- +� .% mott. �.'.7 .' ;i , 1 - -± .4''`f '� ,!' -� 4�,ts .,j`, - a. _ y J az ' - _ ;� ;�F a j t ti i- f ' i:..... ., : ,:,,,,,•:• :,, ,,,L,:.•._......,......,.,,,,_,:•,,,,,..,„:„••,?..,..„,„.,..:,,,,:::••„;„,_%,:..„.:, == 41�1'lerra r' hZJrut'ed�tNay of,South 2L nnpton 4 ads�ha s seed t ie community thT.rough its qui k aing votunteer scrt%ic�VFieaztfelt pu6Gc service support and tireless-a orkzn partnership with the fir mza r beach to assist in the,enw genry response_and recovery efforts in the aftermath of t&4pn(3Q 2023, 4- a y y k -t 7'YlJt7La • " `Ulnted Wa- of South`Hamnpton�4.c:!, sgnnIen its s S and filer tsc to assist o ur re t&nts in therrgreatest tune;of needzvhtfe showcasing tik.e mp&ny culture of ease fourid in;`':rgaua1 Beach;' �' �1. � J � k T. iL G'c lr - l whte 'mal�gs it such,an outstan&ng location formany%to cafhomc and "' -�r United'Way of South Hampton�Rpads has ttnspired otfters with zts uncz:4 -g Lc&atwn to f � - �t 4 b �S rt l L �',� t c i,i-te erse vue auitfforts tfirougfiout'Virgzn a Beac ,,- -,.';.,-.:;,,,,,,: ,-.,::::',, ,.:::.6_::-, -„,-:•-,,-.: ,•;,:•,,,,7,'•'-.,,::,:'.:,-, f,':!,.. -..,::: ::='-,::i .,‘- ;-; h,to help esta6Cuh tfie=C,�ty as a premier `' coastal comet rfrary,�atu! `"- - •�.61 t' . c f -; . r r} t 'fN e►eas. ?Tie Ci•ty of'I'irg:n a rBeach and Great Necf,area residents&n e.great y 6nefltedf om tfte cfed:cated andenthustast. support 7, rovided fy Vin ciWay ofSoutf Jlampton-Rpads;":ct ismtntedamo:q , the , r k _-. City's outstanding ontn6utorswho nal�t'i�irgzma.�each a uniquey cline-_-"standdesi a6fe •commute a�-i/ "S _ r! fit+ }! _- t - 1-.ytylr`1 G%i d! _ t� - ' 1- - z �tdcer . 1cs7dents,rmzCtary;and 6us:nesses impacted dy�tfe)pn(30th•tonwdo have been 6ll'ssedwith the t r y gen rostty and s:'''tie ad4/OCQ 0 Vulte'd T o`` � 1 r ' a i- 2 s f 'Way<ofSouthiifielton 4epads as-it has strengthened ,relit or shsps,with tfie resufents of'i4:rgi"rua cfi andunth:n the fampton 1 ads area and (B)'eCempfs. ing tfie inodef of ca u cnshrp and vofutiteer serest a in t&: , -,'of vtrgmra_ Bead E2lnsted "4'Way ofSouth�fampton. adsrfiar�s empowered ether at xhns to contribute tfi'e:rs/`:.-'.s and talents to "p�, L _ fv � - the community t 1s Now, her fnr I„4�pdert 9VL"Bo66y°tDyer s iayor of tire'City o,f yirguua Beach,'l4rgin a,do:here ocfaim Vnztei .South`( Q �� rA' r r'r./_�jw.-�i p 7. -- _ -w— •.l • V_ .fit • ��11.+!�i� wi r . i, Y r r tol., '[ ' itita Beaefr,I callupon the citizens andmembers within government ageiuzes,pu6fu andprisate:nstttutzons, businesses,anil'schools_ 11irgii:a`.Beach to also•-be"iiagfi6ors FeIping-,nc gh6ois"Luriing emergenc es for t-,-:benef t and bettemwnt o tFie:',Imunity so`that`- ffuture'gener_ations can appreciate A• nd further-uplift our:beCoved C'ity;of 'rrgtnia Beacfi In4�f�litness I have.hereunto set hand and caused the O f - ^myOfficial Seat of theCity,off" ''' nia �Beacf� Virginia,to 6e affif�e�f this qu entieth-Day o,f junk two. usarufand 2'zventy?firee ^+ f,; {:. : ? t;' p6ert fit: Bo66y Dyer r a.@ 'J�ayor. :-.o'..,.;,:,v,;,..r,;,.-.p.,iz,.f:-:..4 7,4'..-ra'- n, .a; ,,hit *'+F, ''4 ` +r"��Y±±�.vr'°4S Mggt,,,�lj, 'Bc Y C K m OF.OUR tN�t1�.. ' ' ' ' ''-..' ' :f.:, '':',::',' Olt :•'-' 1 ',1'' i'el '-',, 1 I ''' : I-, ''''' ' .....,'- '-;:'''-;.-..--.,:;'-''. ' ' '';---. ' .-- ' -'_ 10, t „ _ i �/�_ �. • `����'�Beach Conriiiuruty`E'�g�7'-�P�'e Team(�ECE ,'�,se�vedtFie-communrty through its quick-acting`voCunteer,serrnci,/ieartfef pu6Gc service support,aniftirefess-woikih partnersfup with t r , � fie;Ctiy�'i�irgitua Beach to assist m'the emergency response-arid recovery efforts in the,a oftficApi f30,2023,tornado,ant! 4i4 ei aozesefiasgiven;its SkJ S aide ertise to assistiouei sierents in t(reirgreatesttime of needwfit& sf g the a empfary culture of care fotftidin_'Virginia B.aeh,which -04i3_it suc am ,, s -, outstandlnglocation for�many tv catfhomt and • ;"{ 'fhBCrE4afias ittspire(others with its-uny e&dingifeduation to,vo(inteerservrce aiidefforti e througfoutVirginui`Beachtoe- ,esta6&shthe - - fP City as a premiereoastvleom ��,and ,,. -7fie Cyit of'Virginia Beach and,creatWecka,rea iisrdeiU havegreat(y 6enefttedf a i the dedicated .:ands support provided'6y,?hcAmercan` Cross,it.is counteiframong theCity -f s,, ' ,; outstanding corttri6utors iwh o iaafg ihrgtnra.Beach a uniquely close lit a ` dessra6fe:conrmuraty i5 1. ,, � •-.! - eS dntt �k� 'iNl aor' ,miCta y,and businesses`:mpactPd 6y tfieApnl30th tornado'rave been dfessed with tire' '''generosity and passw.nate advocacy of BCERT as it Fran-strengthened rely tionships wr itfr tile: ' resufents of Nirgiu a Beach'attd within the Jfarrr,pton 4�lds'are,;atuf -- -- -`' - .. _ -•fir Y p _ �'.:1 -,1�., j ' tax-. .`By e'mp&fving the moie(of crtrzensiccep andvorunteersei'vice in theCity ofVrrgiiia Beach; ' fiBCrERThas•,nri oweredo ffreec tizens to contri5ietertheirs6Qa,an-talents to tfie communty -. . � 5 r r• : fj Now,7 rfotn I,4p6ert If er Mayor of the City of Beac 2irgrnia,do lrere6y _ "Bobb b �' �''i'8i�_ � pmcfarrn: Community EmerB �2eam. t f ., - �e,recipient of this• 2'arnado��s,�onse i t _ ':2clamat�oni In,4 n a,Beach I callupon the citizens and merr 6ci within government agencies,public and private institutions,' 6usinesses and schools in'Virginia each to also 6e neigh6ors helping neigh6orc'during emergencies for tile,benefit and'betterment of tile community;so.that future generations din appreciate and iititee.itp.Cft our.'6efoval'City of - Virguria(Beach. - - r In.4 tics•Whereof, I have hereunto set my hand and caused,the Offi ia(Seat of the City of f irginia Beach, '1'rginia,to 6e affi.d t i Twcntreth.aDay of June,>7wo?frousandaridTsventj-76ree.- •t •. i' `,�° :.,` `fry' : 406ert 9VL`Bo66y'•tDyer rV � a• '1-S-y �/ i 4 _.: - • + 1..� rocIa Y"�� �T B a oiiasta' has sewed tFie commu` 4 ,'.' y �� nttythsbughsts�uici�,`` ; r r r o(untEerr ?art Sj'r & ?{ i.�t ti it ss w y 7,7 v �actrng., _t A se► fieartfeltfpu6 r4;n e , -and' orkin'parttrershtp un%h t ie • r+r t Z r ttia -a.rs-r' `w '>it �t�'��'� _ z soh .h :a -x City of (Beacfi,to�assrst tn' C- kr gtma >,,- �, >f ��t,,1 7. eme"rg�ency response andrecoz1ery e, ,:.., rn tFietafterntatFi of 5. ''tfie j4pn(30,:2023,,,,„„„f(l�:(nl{1 Y ,.`.. z ' -�� ` _ 'l�r -i r `, ti . �_ :._j sad.ror � �: _�.y' 1}'t, Y t '+ '� ``i'irginia VmteiJKet_fiodtst=CFiurch' aistei VCtef Iasgiven i s'sfzs an6 er rse to assist our restdettts in theirgreutest iin.o needuiliile o f ` ,,,v_casing the e mpfary , f _ ure' care undfn �: �, �' � �i' W w► ref ja�4 'z�' $�;a' ,`„s�, ti S`,6'y tc ' r 1 � 'r`Lirgtnra Beac'' wf'''4'',mal�s i�]t sucft,�an outstandrng location for many tolcaQfto ne;anti - h V- i Y f �i i ', _1 • etr�x. Southern Ba tirsaster Geffia3 rnsptredotfrers Meer ^� +, p�, ��� „ w �. Tflltfi//tS.tlr��n(efl�irig��1CattOri t0 410f1[ � �`'� �_ f I. :service vi e a y b V rgznW [ �9 T -x f�i: t/l 1t ��' ,i'-pre'rr;*, e 'h r t` orts thmug ginfa Beath t0 help aS a coastal � a f .��"r"�t�c`' �,C µA �� ter. t.•1y' �- ,� .{�r commelltty,-and ,r 'r 4cer a r.?rle City of4hrgatta(Be4cft,alid,(3''t72at ec&area�re'sufen,-t ftat c W l -, andea ort er g ', �tf,-deduatdd, ;,l f a � ..i�r`j3"'i ,. ,S �.,+J -`_f 3� aOt f enlf(! � 1` vttt#e4`.Met tst(,furc/l cDisaster�Q�,it is,._ � ; ..'y` I 1 r '-x. n n� s Yt a7W ..1' F._.iy� • mong tfie City s outstan&tig contri6utora who ma�g'Vfrginrat:9each a-umquefy dose- nit t imddesirn6fe comma vim' s - ,gG�srderrts,m?C_:tart';anif/usinesses fmpacted6y rtfeAptYC.30th tonuuCo.have 6eert 6 sedwtth the' genemsny>and passionate a fvocacy_of fira Vnjted�ltetfiod ct�Cfi-,.- cDisaster�eltef as j sir gtfiened relattonshtps'with the 0 4ltr hin t f _gtnta Beach dndu! die�!ampton 4�ads "aria,and r`. , k' fl t.,:Y eaC ',�fying modelof citez; tsfiip andvofunteerse,,Ace in tfte City{>of'Virgtraa Beac/i, rgn,r'a'1�ntted Methodist Chrarch cDtsaster has e�m�ou'erel other eztjzcns to c" their y 4 , sfs and to the commu � 3`,,, - _6 r talents y .r. - _ _ _ 1, �' 1 _ r a - - r Y y • No','` foil I, 9Vf `(Bobby"Dyer;7Vfayor"�of the C'!ty of fhrgin a 8eacfg;'ihrgtn a,do hereby proclaim.rv. i_ ..,.,,-,: ,-_ -.:-:,'''":-,','_--!.:_j_•..r. g,,:,;,1!.:,!:;,ff_',,'':,.:‘,.:-'.. ':',1'-'-c'',,i',,'';'E__'..-•- ',1:.!.:',4.6.-:i'iiiiiirii-- on;e:Air_,,"..-,!-',7., ',- - , ,.-_ :- . ..... , .. : _,.,,,r,-;,„.,:.,. : ,-,-..„-,,,,,:i.,-..;,:,...,...:,,,, ,--,),--,,,,--teita.14,-...,,,,_,,,..,.,,,,,,,,.:,..,,,,,,,,,,,;',;,-,..,,,:-.-,i,‘-',.:',-,7,„-.:::-',1,',",:'. ='_,-,7--..-:.:::-'-.-.7-:,_,:::tr--if:•,i-: !..,,-,-;,.....-.-,.-,.. ::,--.' ,:-',,,,-,-.; - Iri` irua Mach,I call upon"the citizens anti members wrth n government . agencirs,pu GGc and private institutions, businesses;and scfioofs in'Pirgin a Beach to'also 6e:neighbors fief ing:nefgk6ors b during ieirtergencies for the:benefit anld,betterment of the com nwnity so'that future generations can-appreciate and further Ct o'ur 6efoved'City of d iid nia'BeacF�.. - f , . In!W mess I have hereunto set my hand and caused the Official Seaf of the City of Virg•nia .Beach, irginui;to 6e affi d u th tiay of June,Two usandartif Twenty=?ftiee N - ` y ..�r�.._ • -, I.Bo66y Dyer' • to ;; i f • • 4.31 r OF OUR itOk. $t0th : tOfl When= VOhunteer'9fampton Roach h,�as'seiveith¢cmnmunttj through its ff.:at-acting voltunteerse, wCP., hear fe1 public serfrice suppo,�.y and tireless workm partnership With the City 0-Virginia Beach Ito assist,tit the emergency response and recovery efforts in the aftermath oftlie Aril 30,2023,tornado,- and " - - - 44 asi 'Po(unteer2fampton pads has gtvei its s�and enise to assist our residents to derrgreatest tune of need while showcasing the ettemphrytthure of care found to Vireinra Beath which makes ` it such an outstanding locationfor many to ci home;.and Wfiereail Volunteer.7 iimptoii gpads has inspired others with its unyielding dedication to vofunteerseime and e„forts throughout Virginia Beach to help estailuh till City as a prenner'coustaf community,and Whereas: ,?fie City of Virginia Beach and Great Neckarea iesidents have greatly benefited- from the dellaated and erithusiaitsc support provided by_Vofunteer?fampton Opii4,it is countedamong the City's outsta gcontndutors who ma�Virginia Beach a iri iguy close-knit atuldestra6le community; and Whom Residents,miritary,,andbusinesses impacted by the?pa 30th tornado have been blessedwvith the generosity and passionate advocacy(for unto er Camp o n*xi&as it has strengthened relationships with the residents of Virginia Beach and within the 9fampton Roads area;and Z'I tereosi By Vying the model of citizenship andvofunteer service in the City of V irguua Be- tick Vobinteer'?fampton Roa&has empowered other citizens to contribute theirs411s and talents to the community. y Arai,?lierafore I,RQ6ert 'Bobby°9Dyer,9dayor of the'City of Virginia Beach,Virguua,6'hereby proclaaa; ¶ofunteer ifarnpton Rim& The ie4ien t of this Torivae p��� p� rec tion' . -Trio In'Ogaua Beach,I call-upon the citizens and members within government agencies,pu6Cu;and private institutions, businesses,and schools in Virgima Beach to afro be"neighbors helping neighbors"during emergencies for the benefit and betterment of the community so_that future generations can appreciate and further upEtft our beloved City of 'hrgima Beach. In Witness Whereof I have hereunto set my hand and caused the Official Seaf of the City of Virginia Beach, 'hrginui,to be affiteethis Twentieth Day of lune,Two Thousandand'wenty-2firee 70d14.1. p6ert , `Bobby'Dyer Mayor 4 �.�_ \fl 59 ITEM— V.I.1 BID OPENING ITEM#74360 Mayor Dyer DECLARED A BID OPENING: COMMUNICATION TOWER LEASE AGREEMENT ON CITY OWNED PROPERTY Telecommunications Services Mayor Dyer read into the record "Pursuant to Virginia Code Section 15 2-2102, I will now summarize the bids that have been received for the proposed long-term lease on City property containing 10,340 square feet, together with an access and utility easement appurtenant thereto, located at the southeastern perimeter of Stumpy Lake Golf Course One bid has been received, as follows Crown Castle GT Company LLC has bid Rent $32,959 23 for the first year of the lease,plus $1000 per month for the subtenant, and$1800 per month for future subtenants Insurance comprehensive general liability insurance with minimum limits of$2 million per occurrence Surety Bond $25,000 for removal offacilitaes Term 1 D year term with the option to renew for up to 4 additional 5 year terms, upon mutual agreement of the City and Crown Castle,for a maximum of thirty (30)years Are there any other persons desiring to submit a bid at this time There being no further bids, the bidding is closed City staff has evaluated the bid received and recommends that Crown Castle be awarded a tower lease agreement " June 20, 2023 60 ITEM— V.J.1 FORMAL SESSION AGENDA ITEM#74361 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6) minutes to speak on all items Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolution K:1,2,3,4,5, 6, 7, 8, 9,10,11,12,13,14,15 and 16 and Planning Items:L:2, 4 (DEFERRED TO JULY 11, 2023), 5, 6, 7(DEFERRED TO JULY 18, 2023) and 8(DEFERRED TO JULY 18,2023) Voting 11 - 0 Council Members Voting Aye Michael F Berlucchi, Mayor Robert M Dyer, Barbara M Henley, N D "Rocky" Holcomb, Robert W "Worth" Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse,Joashua F "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None K. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER HOLCOMB WILL ABSTAIN ON ITEM#15 ITEM#17 WILL BE CONSIDERED SEPARATELY L. PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY June 20, 2023 61 ITEM— VI.B.l ORDINANCES/RESOLUTION ITEM#74362 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Communication Tower Lease Agreement for City-Owned Property located at the Southeast perimeter of the Stumpy Lake Golf Course with Crown Castle GT Company, LLC re install, maintain, and operate facilities for providing wireless telecommunications services Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 9 �z 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 2 EXECUTE A COMMUNICATION TOWER LEASE AGREEMENT FOR 3 CITY-OWNED 'PROPERTY LOCATED AT THE SOUTHEAST 4 PERIMETER OF THE STUMPY LAKE GOLF COURSE WITH 5 CROWN CASTLE GT COMPANY, LLC TO INSTALL,MAINTAIN AND 6 OPERATE FACILITIES FOR PROVIDING WIRELESS 7 TELECOMMUNICATIONS SERVICES 8 9 WHEREAS, the City of Virginia Beach ("City") is the owner of certain property 10 located at the southeast perimeter of the Stumpy Lake Golf Course, in Chesapeake, 11 Virginia,containing ten thousand three hundred forty(10,340)square feet(GPIN:2412-20- 12 9656) ("Property"); and 13 14 WHEREAS,Crown Castle GT Company,LLC("Crown Castle")is a Delaware limited 15 liability company that currently utilizes a communications tower and ground facilities located 16 on the Property; and 17 18 WHEREAS, Crown Castle desires to enter into a new lease with the City for 19 continued use of the Property,together with easements for the right of ingress and egress 20 to access the Property, for the installation, maintenance and replacement of necessary 21 equipment associated with wireless facilities; and 22 23 WHEREAS, the City ss lease of the Property will allow Crown Castle to continue its 24 operation of certain facilities for the purpose of providing wireless telecommunications 25 services to the general public. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a communication tower lease 31 agreement with Crown Castle with for a term of ten (10) years, with four (4) optional 32 renewal periods of five(5)years each upon mutual agreement of the parties,in accordance 33 with the Summary of Terms, and such other terms, conditions or modifications as may be 34 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 0 t h day of 37 June , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: e Aft ubli Wo s City Attorney's O CA16172 R-1 May 22, 2023 , 1 SUMMARY OF TERMS Tower Lease Agreement for Crown Castle GT Company LLC Premises: Off Indian River Road in the Pungo Borough,containing ten thousand (10,340)square feet(GPIN: 2412-20-9656),together with the right of ingress and egress necessary to access the site. Lessee: Crown Castle GT Company LLC("Crown Castle") Purpose: The proposed new lease will authorize Crown Castle to continue to utilize the communications tower, utility easement, accessory structures and equipment currently located on the Premises. Term: Initial ten (10)year term. Upon the mutual agreement of the parties, lease may be renewed for up to four(4)additional periods of five(5) years each. Rent: The first-year rent is $32,959.23, plus an additional $12,000 for the subtenant,with an annual escalation of 4%. Additionally,the City will be paid $21,600 per year for each future subtenant, subject to the annual escalation. Surety: Lessee will post$25,000 surety bond for removal of facilities. Insurance: Lessee must maintain comprehensive commercial general liability insurance in the amount of $2,000,000, in addition to other liability insurances required by Risk Management. . Termination: Lease may be terminated upon sixty(60) days'written notice to the other party for reasons as stated in the lease. Other Lessee required to remove facilities and restore site to original condition upon expiration or termination of lease. 62 ITEM— VLK.2 ORDINANCES/RESOLUTION ITEM#74363 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to ADD City Code Section 3514 re allow proration of personal property elderly and disabled tax rate(Requested by the Commissioner of Revenue) Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 REQUESTED BY THE COMMISSIONER OF THE REVENUE 1 AN ORDINANCE TO ADD CITY CODE SECTION 35- 2 14 TO ALLOW PRORATION OF PERSONAL 3 PROPERTY ELDERLY AND DISABLED TAX RATE 4 5 SECTION ADDED. § 35-14 6 7 WHEREAS, the Commissioner of the Revenue (the "Commissioner") 8 currently has the ability to consider mid-year changes in circumstances bearing 9 upon an applicant's income or net worth for the real estate version of the Elderly 10 and Disabled Tax Relief Program, 11 12 WHEREAS, § 58.1-3506.7 of the Code of Virginia provides enabling 13 authority for the City Council to adopt an ordinance that allows a prorated 14 preferential tax rate for the portion of the tax year during which a taxpayer qualifies 15 for such rate, 16 17 WHEREAS, the current rate in the City's personal property levy ordinance 18 applicable to the personal property version of the Elderly and Disabled Tax Relief 19 Program is $0 000001 per$100 of assessed value; 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA. 23 24 1. That Section 35-14 is hereby added to the Code of the City of Virginia 25 Beach to read as follows: 26 27 Sec. 35-14. — Change in circumstances; proration. 28 29 An individual who, based upon the previous year's income limitations or 30 financial worth limitations, does not qualify for the tax rate upon a motor vehicle 31 owned and used primarily by or for someone at least sixty-five years of age or 32 found to be permanently and totally disabled, as authorized by Section 58 1- 33 3506 1 et seq. of the Code of Virginia, may nonetheless qualify for the current 34 year by filing an affidavit that clearly shows a substantial change of 35 circumstances that was not volitional on the part of the individual to become 36 eligible for the tax rate. If the application pursuant to this section is approved, the 37 extension of the preferential tax rate shall be prorated by multiplying the 38 applicable tax due by a fraction, wherein the number of complete months of the 39 year such property would be eligible for the preferential tax rate is the numerator 40 and the number twelve (12) is the denominator. Any extension of the preferential 41 tax rate under this section is conditioned upon the individual filing another 42 affidavit after the end of the year in which the preferential tax rate is provided, 43 within sixty(60)days of the completion of the year showing that the actual income 1 44 and financial worth levels were within the limitations of the personal property tax 45 levy ordinance. If the actual income and financial worth levels exceeded the 46 limitations, any extension of the preferrable rate shall be nullified for the taxable 47 year subject to treatment under this section and the taxable year immediately 48 following. 49 50 2. That this ordinance shall be effective immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of June , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S ENCY: Commissioner of the Revenue ' A orn s Office CA16185 R-1 June 7, 2023 2 63 ITEM— VI.K.3 ORDINANCES/RESOLUTION ITEM#74364 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to ADD City Code Section 2-215 4 re authorize alternative bonding requirements for indefinite deliver quantity contracts Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 1 AN ORDINANCE TO ADD SECTION 2-215.4 TO THE 2 CITY CODE TO AUTHORIZE ALTERNATIVE 3 BONDING REQUIREMENTS FOR INDEFINITE 4 DELIVERY OR QUANTITY CONTRACTS 5 6 SECTION ADDED § 2-215.4 7 8 WHEREAS, the Minority Business Council endorsed, and the City Council 9 adopted, an item in the 2023 Legislative Agenda seeking the General Assembly 10 clarify the bonding requirements for indefinite delivery or quantity contracts, 11 12 WHEREAS, an "indefinite delivery or quantity contract" is a contract that 13 only requires performance of contractual obligations upon the request of the City 14 and which establishes an annual cap for the total work that may be authorized 15 under such contract, 16 17 WHEREAS, the General Assembly adopted, and the Governor signed, the 18 legislation requested, which is 2023 Acts of Assembly c 211 ("Chapter 211"), 19 20 WHEREAS, Chapter 211 requires the adoption of an ordinance prior to 21 allowing a contractor for an indefinite delivery or quantity contract to furnish 22 performance and payment bonds equal to the dollar amount of the individual tasks 23 requested by the City for the contract, 24 25 WHEREAS, this ordinance is necessary to implement the legislative 26 request the City Council included in its 2023 Legislative Agenda, and 27 28 WHEREAS, the Minority Business Council endorsed this ordinance at its 29 June 9, 2023, meeting, 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA 33 34 1 Section 2-215 4 is hereby added to the Code of the City of Virginia Beach 35 to read as follows. 36 37 Sec. 2-215.4. — Indefinite Delivery or Quantity Contracts; Bonding. 38 39 a "Indefinite delivery or quantity contract" shall have the meaning set forth 40 in Virginia Code § 2 2-4337 41 42 b If task order bonding is included in the City's procurement solicitation 43 and resulting contract,the contractor for an indefinite delivery or quantity 44 contract shall be allowed to furnish to the City a performance bond and 45 a payment bond with each equal to the dollar amount of the individual 1 46 tasks identified in the underlying contract. Such contractor shall not be 47 required to pay the performance bond and payment bond in the sum on 48 the contract amount for such contracts. 49 50 2. That this ordinance shall be effective July 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 t h day of June , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL FEC CY: %Ate/ Department of Finance ney's Office CA16188 R-1 June 7, 2023 64 ITEM— VI.K4 ORDINANCES/RESOLUTION ITEM#74365 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to END the Declaration of a Local Emergency re severe thunderstorms and tornadoes on April 30,2023 Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 1 AN ORDINANCE TO END THE DECLARATION OF A 2 LOCAL EMERGENCY 3 4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of emergency 5 management to declare the existence of a local emergency, subject to confirmation by 6 the governing body; 7 8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency Services 9 and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), the City Council, by 10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 11 Management and appointed the City Manager as the Director of Emergency 12 Management; and 13 14 WHEREAS, in response to the imminent threat of severe thunderstorms and 15 potential tornadoes, the City Manager, as the Director of Emergency Management, issued 16 a Declaration of Local Emergency on April 30, 2023, effective at 7:10 p.m.; and 17 18 WHEREAS, the City took emergency actions to assist citizens affected by the 19 devastating aftermath of the event in the weeks that followed; and 20 21 WHEREAS, the City Manager has concluded that the City had taken all necessary 22 local emergency actions as of 11 :59 p.m. on May 30, 2023. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That, pursuant to Virginia Code § 44-146.21, the City Council hereby ends the 28 Declaration of Local Emergency effective at 11 :59 p.m. on May 30, 2023. 29 Adopted by the Council of the City of Virginia Beach on the 20th day of June , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Offi CA16181 R-1 June 8, 2023 65 ,` ITEM— VI.K.5 ORDINANCES/RESOLUTION ITEM#74366 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to APPOINT three(3)viewers for one-year terms beginning July 1, 2023, re view each street or alley proposed to be closed Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2023, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of the City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2023 and ending June 30, 2024 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, the Director of Public Works and the Director of 17 Parks and Recreation of the City of Virginia Beach are each hereby appointed as a 18 viewer to serve a one-year term beginning July 1, 2023 and ending June 30, 2024, to 19 view each and every application to close a street or alley, and to report in writing their 20 opinion of what inconvenience, if any, would result from discontinuing the street or alley 21 or portion thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of June , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: #17 Department of Planning City Attorne s ffice CA16184 R-4 June 12, 2023 66 ITEM— VLK.6 ORDINANCES/RESOLUTION ITEM#74367 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Revised Agreement between the City and Sister Cities Association of Virginia Beach,Inc re update outdated provisions(Requested by Mayor Dyer and Council Member Berlucchi) Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 REQUESTED BY MAYOR DYER AND COUNCILMEMBER BERLUCCHI 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A REVISED AGREEMENT BETWEEN THE CITY 3 AND SISTER CITIES ASSOCIATION OF VIRIGNIA BEACH, 4 INC 5 6 WHEREAS, the Sister City concept was introduced by President Eisenhower in 7 1956 to foster greater friendships and understanding between the people of the United 8 States and other nations through the medium of direct personal contact, 9 10 WHEREAS, the City has established Sister City relationships with the following 11 localities Moss, Norway; Miyazaki City, Japan; ARDS and North Down, Bangor, Northern 12 Ireland, Olongapo, Philippines, and Waiblingen, Germany; 13 14 WHEREAS, these Sister City relationships promote international cooperation, 15 friendships, and cultural and educational exchanges with economic and tourist 16 development activities, 17 18 WHEREAS, for many years, the Mayor's Sister City Commission served as the 19 City's Sister City organization, but in 2010, the commission was reorganized as the Sister 20 Cities Association of Virginia Beach ("SCAVB"), which subsequently qualified for federal 21 tax exemption pursuant to Section 501(c)(3) of the Internal Revenue Code and is 22 governed by a Board of Directors, 23 24 WHEREAS, the purpose of the SCAVB is to foster international understanding, 25 friendship and cooperation through the forging of continuing relationships and the 26 promotion of people-to-people exchanges between the City and its sister cities, and these 27 purposes are exclusively educational and charitable, 28 29 WHEREAS, in order to memonalize the responsibilities and obligations of the City 30 and the SCAVB with respect to the Sister Cities program, on December 12, 2017, the City 31 Council adopted an ordinance authorizing the City Manager to execute an agreement 32 between the City and SCAVB, and the Council authorized a revision to that agreement 33 on October 2, 2018; 34 35 WHEREAS, the current agreement is set to expire on June 30, 2023, and revisions 36 are needed to clarify ambiguities and update outdated provisions; 37 38 WHEREAS, the proposed revised agreement also includes text reflecting the 39 amount of the City's donation to SCAVB that the City Council authorized when it adopted 40 its FY20 operating budget, and 41 42 WHEREAS, the City and the SCAVB wish to adopt the revised agreement to 43 accurately memorialize the responsibilities and obligations of the City and the SCAVB 44 with respect to the Sister Cities program 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 47 VIRGINIA BEACH, VIRGINIA: 48 49 That the City Manager is hereby authorized to execute the revised Agreement 50 between the City and the Sister Cities Association of Virginia Beach, Inc., a copy of which 51 is attached hereto. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of 54 June , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16158 R-1 June 9, 2023 MEMORANDUM OF UNDERSTANDING between the CITY OF VIRGINIA BEACH and the SISTER CITIES ASSOCIATION OF VIRGINIA BEACH, INC. This Memorandum of Understanding ("MOU"), executed this day of , 20234-8, is made by and between the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia ("City"), and the Sister Cities Association of Virginia Beach, Inc. ("SCAVB"), a non-profit Virginia non-stock corporation located in Virginia Beach, Virginia. This MOU supersedes and replaces the MOU signed on February 26October 9, 2018. RECITALS WHEREAS, the Sister City concept was introduced by President Eisenhower in 1956 to foster greater friendships and understanding between the people of the United States and other nations through the medium of direct personal contact WHEREAS, the City has established Sister City relationships with the following localities: Moss, Norway; Miyazaki City, Japan; ARDS and North Down, Bangor, Northern Ireland; Olongapo, Philippines; and Waiblingen, Germany;, and is currently evaluating new sister and friendship cities; WHEREAS,the City acknowledges the importance of Sister City relationships for the purpose of international understanding, friendships, cultural and educational exchanges with economic and tourist development activities; WHEREAS,for many years,the Mayor's Sister City Commission served as the City's Sister City organization, but in 2010, the commission was reorganized as the SCAVB, which subsequently qualified for federal tax exemption pursuant to Section 501(c)(3) of the Internal I Revenue Code and is governed by a Board of Directors, which currently includes the Mayor and another member of the City Councils; WHEREAS, the purpose of the SCAVB is to foster international understanding, friendship and cooperation through the forging of continuing relationships and the promotion of people-to-people exchanges between the City and its sister cities, and these purposes are exclusively educational and charitable; and WHEREAS, the City and the SCAVB wish to memorialize the responsibilities and obligations of the City and the SCAVB with respect to the City's Sister Cities program. 1 AGREEMENT The City and the SCAVB, for and in consideration of their mutual efforts to support the City's Sister Cities program, agree as follows: 1. CITY OBLIGATIONS A. The City agrees to donate to the SCAVB $492,500 per year for the fiscal year beginning July 1,2023 . The City's donations will be by semi-annual payments of$241,7250 to be paid in January and July of each year. B. The City will provide the Executive DirectorSCAVB with a dedicated office with Wi-Fi access,a ,printer with scan and copy features,a small conference table with chairs, and easily accessible storage space inbuilding wit not City's Municipal Center o Court Drivethe office. The City,through its City Manager,will have the sole discretion to determine the location of the office within the Municipal Center. The City will provide ordinary maintenance services for City-owned furnishings and equipment in the office. C. Because the City—and not the SCAVB—is a member of Sister Cities International, the City will continue to pay the City's annual dues to Sister Cities International. D. The City shall procure and pay for all approved Sister City travel-related expenses for City elected officials, appointed officials or employees in accordance with the City's travel policies and procedures. E. The City shall use its best efforts to timely inform the SCAVB of all visits, meetings, travel,or other interaction with any current or targeted sister or friendship city to maximize the opportunity for economic, educational, or cultural exchange. 1..1'. All of the City's financial obligations detailed above are subject to annual appropriations of adequate funding by future actions of future City Councils. 2. SCAVB OBLIGATIONS A. The SCAVB has appointed staff foran Executive Director of the SCAVB. The SCAVB shall arrange, procure and pay for all approved SCAVB-related travel expenses of the Executive Director.SCAVB staff and members of the Board of Directors (but excluding any board member or members who are City elected or appointed officers) and staff. B. The SCAVB shall authorize the Executivea Board Member Director to serve as Sister Cities International's state representative for the Commonwealth of Virginia when appointed to serve in that capacity by the Sister Cities International Board of Directors. 2 C. The SCAVB shall continue to solicit SCAVB—sponsorships and donations for the operations and mission of the SCAVB me,ers od m� assign that task* th t' e L/V1J L.F. ilµ'�µJJl G11 L11µL Lµ�71� {.V Director. V D. The SCAVB shall ensure that the Executive DirecterBoard President coordinates all Sister Cities visits (to or from the City) with the Mayor's office and timely informs the City of any anticipated travel by City officials, appointees or employees so City staff may obtain and pay for such travel as provided for in subsection 1.D. above. E. The SCAVB shall ensure that the Executive Director provides the City Council with an annual report of the SCAVB's activities. 3. ADDITIONAL PROVISIONS A. It is understood and agreed between the City and the SCAVB that the City shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this MOU.In the event funds are not appropriated and budgeted in any fiscal year for City financial contributions due to the SCAVB under this MOU, the City shall immediately notify the SCAVB of such occurrence, and this MOU shall terminate on the last day of the fiscal year for which appropriations were received without penalty or expense to the City of any kind whatsoever. B. In the performance of this MOU, both the City and the SCAVB will be acting in an individual capacity and not as agents, employees, partners or joint venturers or associates of one another. The agents or employees of one shall not be construed to be the agents or employees of the other. C. Neither the City nor its agents, volunteers, servants, employees or officials shall be responsible or liable for any claim or suit arising from contracts, agreements, understandings or arrangements made by the SCAVB with any person or entity covering services or goods procured by the SCAVB, or for the negligent or willful acts of the SCAVB. D. The initial term of this MOU shall be for five years, effective July 1, 2023 through June 30, 2-0242028, subject to the right of either party to terminate this MOU at any time by giving the other party at least ninety (90) days advance written notice, in advance, of its intent to terminate. In the absence of such termination, upon the expiration of the initial term and upon the expiration of each successive term thereafter, this MOU shall automatically extend for five-year terms. E. The parties agree that if there is a dispute as to any provision of this MOU or if either party materially breaches or fails to perform its obligations under this MOU,the other party may give notice in writing of the dispute or material breach. The parties agree to meet to resolve the dispute or material breach within thirty(30) days of receipt of the notice. 3 F. Any notice or notices required or permitted to be given pursuant to this MOU shall be given by certified mail,postage prepaid, return receipt required, as follows: To the City• Virginia Beach City Manager 2401 Courthouse Drive Municipal Center, Building 1 Virginia Beach, VA 23456 To the SCAVB: President Sister Cities Association of Virginia Beach 2408 Courthouse Drive Room 138 Municipal Center, Building 21 Virginia Beach, VA 23456 G. This MOU shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or` otherwise exclusively by the law of the Commonwealth of Virginia, and all question arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted,this MOU shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. The VBASC shall comply with all federal, state and local statues, ordinances, and regulations now in effect or thereafter adopted, in the performance of itsrobligations set forth herein. Any and all suits for any claims or for any and every breach of dispute arising out of this MOU shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. H. Any provision of this MOU which is prohibited or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof. I. The parties agree that this writing constitutes the entire agreement of the parties and that there may be no modification to,this MOU, except in writing, executed by the-authorized representatives of the City, upon City Council concurrence, and the SCAVB. J. Neither party shall,without the prior written consent of the other party, assign, delegate, or otherwise transfer, in whole or in_part, this Agreement or any rights or obligations arising hereunder. K. The SCAVB does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. L. The City does not discriminate against faith-based organizations. 4 As evidenced by their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: CITY OF VIRGINIA BEACH SISTER CITIES ASSOCIATION OF VIRGINIA BEACH By By City Manager Patrick A. Duhaney (Name) SCAVB President Approved as to Risk Management: Approved as to Legal Sufficiency: Risk Manager City Attorney's Office 5 67 ITEM— VI.g.7 ORDINANCES/RESOLUTION ITEM#74368 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE extension of the employment contract for the City Manager (Requested by the City Council) Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 1 AN ORDINANCE TO AUTHORIZE EXTENSION OF THE 2 EMPLOYMENT CONTRACT FOR THE CITY MANAGER 3 4 WHEREAS, the City Council appointed Patrick Duhaney as City Manager in June 5 2020 and approved his employment contract for the term of July 20, 2020 to July 19, 6 2022; and 7 8 WHEREAS, in 2021, the City Council extended his contract to July 19, 2025; 9 10 WHEREAS, the City Council desires to extend his contract by an additional two 11 years. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 The Mayor is hereby authorized to execute the attached contract extension on 17 behalf of the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 L tday of June , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O CA16176 R-1 May 23, 2023 SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH,VIRGINIA AND PATRICK DUHANEY This Amendment,dated this day of June,2023, is by and between the City of Virginia Beach, a body politic and corporate and political subdivision of the Commonwealth of Virginia ("City"),and Patrick Duhaney("Employee") (collectively referred to herein as the"parties"), and amends the Employment Agreement entered into by the parties on June 23, 2020 ("Employment Agreement"),which was previously amended by an amendment dated June 24,2021. Whereas,the term of the Employment Agreement,as previously amended,is July 20,2020,to July 19, 2025, unless extended by mutual agreement of the City and the Employee, and whereas, the City and the Employee desire to extend the term of the Employment Agreement for two additional years. WITNESSETH: THAT FOR AND IN CONSIDERATION of the promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Employment Agreement is hereby modified as follows: 1. TERM: The City and the Employee agree to the extension of the Employment Agreement for the period of July 20,2025,to July 19, 2027. 2. All the other terms, conditions, requirements, and provisions of the Employment Agreement shall remain in force and effect. WITNESS the following signatures: CITY OF VIRGINIA BEACH EMPLOYEE Mayor City Manager Patrick Duhaney EMPLOYMENT AGREEMENT r/ This Agreement is entered into this 13 day of OCA I1( , 2020 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter referred to as"City"and Patrick Duhancy, hereinafter referred to as"Employee." WITNESSETH WHEREAS,the City wishes to hire Employee as its City Manager; WHEREAS, Employee agrees to accept such employment;and WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such continued employment. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and other good and valuable consideration, the parties hereto agree as follows: Article I—Duties (a) Employee shall perform the functions and duties of the position of City Manager in accordance with the provisions of the Charter of the City of Virginia Beach and all other applicable statutes and ordinances. (b) Employee shall perform such functions and duties in accordance with the policy and direction of the City Council. (c) Employee shall also perform any other legally permissible duties or functions as the City Council may deem appropriate to assign him at any time during the term hereof. f Js Article II—Term of Agreement (a) Except as otherwise provided herein,this Agreement shall commence July 20,2020 and end July 19,2022,unless extended by mutual agreement of the City and Employee. (b) Except as provided by Article III. below,during the term hereof,Employee agrees 1 to remain in the exclusive employ of the City. (c) Nothing herein shall be deemed to limit in any way the authority of City Council to terminate Employee at any time;provided,however that such termination shall be in accordance with the provisions of Article III, below. (d) Nothing herein shall be deemed to limit the right of Employee to voluntarily resign; provided,however,that such resignation shall be in accordance with Article III,below Article III—Termination and Resignation: Severance Pay (a) In the event Employee is terminated by the City before the expiration of the term of this Agreement,he shall receive as severance pay an amount equal to twelve(12) months of his annual gross salary. In addition, City shall pay the total cost of COBRA continuation coverage for a period not to exceed nine months or until such time as Employee secures alternative employment providing employer-provided health benefits,whichever is earlier. Employee shall also be entitled to payment of all leave accrued as of the date termination in accordance with existing City policy. Except as provided in this paragraph, all other benefits shall cease as of the date of termination.However,if Employee is terminated for misfeasance,malfeasance,or nonfeasance in office, all compensation by the City shall end as of the date of termination 2 �^ i, 1 (b) If Employee voluntarily resig ns, then all compensation and benefits shall cease as of the effective date of such resignation. Employee shall give the City ninety (90) days written notice of any such resignation; provided, however, it is expressly understood that City Council may,in its sole discretion waive any or all of this ninety(90)day notice requirement (c) In the event the City,at any time during the employment of Employee,reduces the salary or other fringe benefits of Employee by a percentage greater than the percentage of any across-the-board i eduction for all City employees, or refuses to comply with any other provisions of the Agreement benefiting Employee,or in the event Employee iesigns following the request of a majority of the members of City Council that he resign; then Employee may, at his option, be deemed to have been "terminated", and shall receive severance pay and benefits in accordance with Article III(a)of this Agreement. Article IV—Compensation This Agreement contemplates that the salary and benefits set forth herein may be adjusted by City Council annually,by ordinance City Council agrees to pay Employee for services rendered pursuant hereto an annual gross salary of two hundred and seventy thousand dollars($270,000),payable in installments at the same time and in the same manner as other City employees are paid. Such annual gross salary will be increased annually by ordinance in an amount no less than the average increase for all other City employees for the corresponding fiscal year unless Employee has i eceived an unsatisfactory performance evaluation. In addition to the annual gross salary described above, the City agrees to contribute an amount equal to 6 percent of Employee's salary, not to exceed the maximum permissible annual 3 3y contribution for which Employee is eligible, as announced by the Internal Revenue Services for each calendar year,distributed equally over the annual biweekly payroll cycle per year as deferred compensation, for the benefit of Employee, to the International City Management Retirement Corporation. This amount may be adjusted by City Council annually, by ordinance. Article V—Automobile Allowance In lieu of supplying a City-owned vehicle for use by Employee in conducting City business, City agrees to pay Employee a car allowance as additional salary in the sum of seven hundred and fifty Dollars($750)per month and in addition,Employee shall be reimbursed for business mileage at the same rate at which other City employees are reimbursed. Said sum for car allowance may be increased from time to time by action of the City Council In consideration thereof,Employee shall provide his own vehicle and shall be solely responsible for all fuel,maintenance,insurance, and other expenses related thereto. This allowance amount may be adjusted by City Council annually, by ordinance. Article VI—Temporary Rousing and Moving Expenses Employee shall be required to establish residency within the City of Virginia Beach. City will reimburse the actual cost of temporary housing in an amount of up to $12,000 to Employee until permanent housing can be secured. In addition, the City will pay for usual and customary ' 1 moving expenses for Employee to relocate to Virginia Beach. Employee will adhere to City guidelines for payment of moving expenses. F� 4 } Article VII—Fringe Benefits (a) In addition to the Compensation set forth in Article IV and the Automobile Allowance set forth in Article V, the City agrees to provide the same hospitalization and medical insurance, including dental and vision coverage, available to all City employees in accordance with existing City policies and ordinances to the same extent as other City employees. Employee shall pay any premium or other cost associated with participation in these benefit programs on the same terms as all other City employees. Nothing herein shall be construed to prevent changes in the nature of such benefits to Employee should such benefits be subsequently altered for all other City employees. (b) Except as set forth in this Article VII, Employee shall receive fringe benefits such11 as paid time off ("PTO"), life insurance, hospitalization and medical insurance, Virginia Retirement System benefits, etc. in accordance with existing City policies and ordinances as applicable to all other City employees. Nothing herein shall be constructed to prevent changes in the nature of such benefits to Employee should such benefits be subsequently altered foi all other City employees.Employee shall be credited with 15 days PTO on the first day of employment and then accrue PTO at the maximum rate allowed City employees under the City Code. Employee shall also receive 40 hours of executive leave annually. Article VIII—Hours of Employment It is recognized that the nature of Employee's position requires flexible hours. Therefore, Employee in consideration of his compensation shall work whatever hours are necessary to { satisfactorily perform the functions and duties of City Manager. 5 Article IX—Dues and Subscriptions City agrees to pay professional dues and subscriptions of Employee necessary for its membership and participation in national,regional,state,and local associations and organizations of a job-related nature(including the International City and County Management Association)and for travel and associated expenses of Employer to secure his attendance at professional meetings and conferences,as budgeted and approved by the City Council. Article X—General Business-Related Expenses Except as specifically provided in Articles V and VIII, the City agrees to reimburse Employee for job-related expenditures in accordance with existing City policy. Article XI--Other Terms and Conditions of Employment ,. (a) The City agrees to evaluate the performance of Employee after six months of employment and thereafter at least once each year. All aspects of such evaluation shall be treated confidentially by the City and Employee subject to the provisions of the Freedom of Information Act. (b) The City Council may at any time prescribe any other terms and conditions of employment related to Employee's performance as City Manager as it may deem necessary, 1 provided such terms and conditions are not inconsistent with the specific provisions of this Agreement ` c 6 7 ij (c) City agrees to provide self-insurance coverage and legal counsel for Employee in matters relating to his official duties within the scope of his employment,as is provided to all other City employees. (d) All provisions of state or city law or policy relating to terms and conditions of municipal employment generally as they now exist or may hereafter be amended shall apply to Employee; provided however, that should any such law or policy be so changed as to be inconsistent with the terms hereof,this Agreement shall be deemed amended so as to comply with such law or policy. (e) The text herein shall constitute the entire Agreement between the parties and shall only be amended by a writing executed by both parties. (f) If any provision hereof shall be deemed unlawful,invalid,ultra vires, or otherwise unenforceable,the remainder of the Agreement shall be deemed severable and shall remain in full force and effect. (g) This Agreement supersedes any other agreement between the parties. IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be executed on its behalf by its mayor in accordance with an ordinance of the City Council authorizing such execution, and Employee, Patrick Duhaney, has executed this Agreement, both the day and year first above written. CITY OF V GINIA BEACH BY 01X4,/// ayor BY QL L O Patrick Duhaney 7 AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH,VIRGINIA AND PATRICK DUHANEY This Amendment,dated this z 7 day of June,2021,is by and between the City of Virginia Beach, a body politic and corporate and political subdivision of the Commonwealth of Virginia ("City"),and Patrick Duhaney("Employee")(collectively referred to herein as the"parties"),and amends the Employment Agreement entered into by the parties on June 23, 2020 ("Employment Agreement"). Whereas, the term of the Employment Agreement is July 20, 2020 to July 19, 2022, unless extended by mutual agreement of the City and the Employee, and whereas, the City and the Employee desire to extend the term of the Employment Agreement for three additional years. WITNESSETH: THAT FOR AND IN CONSIDERATION of the promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Employment Agreement is hereby modified as follows: 1. TERM: The City and the Employee agree to the extension of the Employment Agreement • for the period of July 20,2022 through July 19,2025. 2. All the other terms, conditions, requirements, and provisions of the Employment Agreement shall remain in force and effect. • WITNESS the following signatures: • CITY OF VIRGINIA BEACH EMPLOYEE • yor City Manager Patrick Duhaney • 1 5 68 ITEM— VLK 8 ORDINANCES/RESOLUTION ITEM#74369 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation of the City Manager effective July 1, 2023 (Requested by City Council) Voting _ 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten ) Council Members Absent None June 20, 2023 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2022, the annual salary of the City Manager, which is 12 currently $288,900, shall be increased by 5% to $303,345; and his car allowance shall 13 remain at $9,000 annually. In accordance with his contract, the City's contribution to his 14 deferred compensation account shall be $18,201, which equals 6% of his new salary. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of June , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s Office CA16166 R-2 June 14, 2023 69 ITEM— VI.K.9 ORDINANCES/RESOLUTION ITEM#74370 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation of the City Attorney effective July 1, 2023 (Requested by City Council) Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS. Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH. VIRGINIA 10 11 That. effective July 1, 2023, the annual salary of the City Attorney, which is 12 currently $250,672, shall be increased by 5% to $263,206; the City's contribution to his 13 deferred compensation plan shall remain at$10,000 annually; and his car allowance shall 14 remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of June , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorneys Office CA16167 R-1 May 23, 2023 70 ITEM— VLK.10 ORDINANCES/RESOLUTION ITEM#74371 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT,,Ordinance re the Compensation of the City Clerk effective July 1, 2023(Requested by City Council) Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2023, the annual salary of the City Clerk, which is currently 12 $123,473, shall be increased by 5% to $129,647, and the City's contribution to her 13 deferred compensation account shall remain at $6,000 annually Adopted by the Council of the City of Virginia Beach, Virginia. on the 20th day of June , 2023. APPROVED AS TO LEGAL SUFFICIENCY City Attorneys Office CA16168 R-1 May 23, 2023 71 ITEM— VI.K.11 ORDINANCES/RESOLUTION ITEM#74372 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation of the City Real Estate Assessor effective July 1, 2023 (Requested by City Council) Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 the City Council: 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA 11 12 That, effective July 1. 2023, the annual salary of the City Real Estate Assessor, 13 which is currently $140,000, shall be increased by 5% to $147.000, and her car allowance 14 shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia. on the 20th day of June , 2023. APPROVED AS TO LEGAL SUFFICIENCY. City Attorney's Office CA16170 R-1 May 23, 2023 72 ITEM— VI.K.12 ORDINANCES/RESOLUTION ITEM#74373 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED, BY CONSENT, Ordinance re the Compensation to the City Auditor effective July 1, 2023 (Requested by City Council) Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council: and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH. VIRGINIA: 10 11 That, effective July 1, 2023, the annual salary of the City Auditor, which is currently 12 $150.065, shall be increased by 5% to $157,568, and he shall receive a one-time bonus 13 of $5000. His car allowance shall remain at $6.000 annually. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of j u n P 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorneys Office CA16169 R-2 June 14, 2023 73 ITEM— VLK.13 ORDINANCES/RESOLUTION ITEM#74374 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as West Canal re construct and maintain a proposed vinyl bulkhead with ten feet (10) return, four(4)timber piles,boat lift,pier,gangway,and floating pier at 2308 Windward Shore Drive DISTRICT 8 Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS WEST CANAL, 7 LOCATED AT THE REAR OF 2308 8 WINDWARD SHORE DRIVE 9 10 WHEREAS, Christopher Ryan Madden and Raya Lyn Thomas (the 11 "Applicants") desire to construct and maintain a proposed 151 linear foot vinyl bulkhead 12 with a 10' return, four (4) 10" timber piles, 11 4' x 11 4' boat lift, 16' x 80' pier, 3' x 12' 13 gangway, and 10' x 15' floating pier within the City's property known as West Canal 14 (collectively, the "Temporary Encroachments"), located at the rear of the Applicants' 15 property at 2308 Windward Shore Drive (GPIN: 2409-08-0992); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15 2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe 20 21 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA• 23 24 That pursuant to the authority and to the extent thereof contained in§§ 15 2- 25 2009 and 15 2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 26 assigns and successors in title are authorized to construct and maintain the Temporary 27 Encroachments within the City's property as shown on the map entitled "EXHIBIT 'A' - 28 ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, WHARF, TIMBER 29 PILES, BOAT LIFT, GANGWAY, AND FLOATING PIER FOR CHRISTOPHER R 30 MADDEN & RAYA L THOMAS 2308 WINDWARD SHORE DRIVE LOT 47, SECTION 1, 31 BAY ISLAND, M B 45, PG 37," Scale 1"=40', dated January 20, 2023, and prepared by 32 Align Surveying & Design, P C , a copy of which is attached hereto as Exhibit A and on file 33 in the Department of Public Works and to which reference is made for a more particular 34 description, 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 37 expressly subject to those terms, conditions and criteria contained in the agreement 38 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 39 copy of which has been presented to the Council in its agenda, and will be recorded among 40 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach, 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement, and 44 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Applicants and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 th 50 day of June , 2023. CA15817 R-1 Prepared: 5/10/23 APPROVED AS TO CONTENT: AP ED AS TO LEGAL U FICI AND FORM: VI, 1_ PUBLIC WO tKS, REAL ESTATE ARIA . A MEYER SENIOR CITY ATTORNEY 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58 1-811(C)(4) THIS AGREEMENT, made this 3 i. day of V-i1 GZrC , 2023, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHRISTOPHER RYAN MADDEN and RAYA LYN THOMAS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one WITNESSETH: WHEREAS, the Grantee is`the owner of that certain lot, tract, or parcel of land designated and described as Lot "47", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA LYNNHAVEN MAGISTERIAL DISTRICT," Scale 1" = 100', dated February 1958, prepared by Frank D Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2308 Windward Shore Drive, Virginia Beach, Virginia 23451, WHEREAS, it is proposed by the Grantee to construct and maintain a proposed 151 linear foot vinyl bulkhead with a 10' return, four (4) 10" timber piles, 11 4' x 11 4' boat lift, 16' x 80' pier, 3' x 12' gangway, and 10' x 15' floating pier, collectively, the "Temporary Encroachment", in the City of Virginia Beach, and GPIN: NO GPIN ASSIGNED (CITY PROPERTY KNOWN AS WEST CANAL) 2409-08-0992 (2308 WINDWARD SHORE DRIVE) -- WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as West Canal, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing-or to accrue to the Grantee and for the further consideration of One Dollar ($1 00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is-more particularly described as follows, to wit A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled "EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, WHARF, TIMBER PILES, BOAT LIFT, GANGWAY, AND FLOATING PIER FOR CHRISTOPHER R. MADDEN & RAYA L. THOMAS 2308 WINDWARD SHORE DRIVE LOT 47, SECTION 1, BAY ISLAND, M.B. 45, PG 37," Scale-1" = 40', dated January 20,2023, and prepared by Align Surveying & Design, P C., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing; or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and-Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as ,a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or - contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment, and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee, and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Christopher Ryan Madden and Raya Lyn Thomas, the said Grantee, have caused this Agreement to be executed by their signatures Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH _ By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit _ The foregoing instrument was acknowledged before me this day of , 2023, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number My Commission Expires- (SEAL) ATTEST City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit- The foregoing instrument was acknowledged before me this day of , 2023, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number My Commission Expires 6 RIS OPH RYAN MADDEN YA L THOMAS STATE OF CITY/COUNTY OF UIag1Yl101 6'LQoh , to-wit The foregoing instrument was acknowledged before me this 31 day of MOAYCIh , 2023, by Christopher Ryan Madden and Raya Lyn Thomas. 6EM", (SEAL) Notary Pu is Tom` Shelby Been Notary Registration Number -1 1 Z'i D k ) ;G Commonwealth of Virginia Notary Public �' Commission No.7929013 My Commission Expires "3O I ZD 2-S `:::= = ' My Commission Expires 6/30/2025 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM , \ 41- P C WORDS — EAL ESTATE • -411k -. era rME - ENIO CITY ATTORNEY 7 MADDEN/THOMAS ENCROACHMENT EXHIBIT mioNNIENN EXISTING PIER EXtSfiNGBu'xHEAD NOW OR FORMERLY EXISTING PROPOSED 101x15'FLOATie- CITY OF VIRGINIA BEACH BOAT LIFTS WITH A 3'x12'GANGWAY MAN-MADE CANALS IN PROPOSED BOAT LIFT PROPOSED PIER BAY ISLAND (4)10"TIMBER PILES M B 45 P 37 961� AidPROPOSED 151 LF OF VINYL BULKHEAD WITH 10 LF RETURN(161 LF TOTAL)TO BE ►.' 11.4�� �? c. CONSTRUCTED NO MORE THAN 2' .) o co , � _ ,.� _ CHANNELWARD OF EXISTING BULKHEAD . +—���;� N 56°07'18"E 44 7' 60� -' ►> 7 5' in 150 35' g0‘ co I m � 1 � \ `" _ D. EX C' p JIP@15417' ,+I BU�KH� LOT 47 PROPOSED Z I ELECTRICAL I v, ry NOW OR FORMERLY Z N w 1 CHRISTOPHER R MADDEN S \ I i,l 0G1ND RAYA L THOMAS I rn o w "' oz2Kp 2308 WINDWARD SHORE DRIVE \ coo Zi 2m wo -r p c < I GPIN 24090809920000 I 0 :o m Z o � D -aOrr \INsT2o2Io3OG2Io3 MI5 45, PG 37 \ I� OZZZCOC I f VC000 � 0 - L.. .1 0 vi � DcoPo0 p� v, � G� Z \ a' o5 1I o � 0 --I °° 0Pavm, m %1 IN � � v, 73oco 4, omZ � Lri 1 STORY BRICK z o - 10K .0 o m n o #2308 WINDWARD SHORE 0 Z Gl < .1 I W o m p -< V m �1 I 4omy 1-il -a m Z A I ` Gl VI I 4/ of 1 W V'li 10 IR=904 55' A=125 00' I F I CH=S63°02'16"W 124 91 S DELTA=7°55'05"______L _JJM B 45 PG 37 285'TO P C AT COMPASS CIRCLE 0 40 80 WINDWARD SHORE DRIVE 61MINNiM6MIIMMI 50'RIGHT-OF-WAY SCALE 111.40' M B 45,PG 37 1 THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT 2 THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY 3 THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY 4 THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES AL_IGN EXHIBIT PROPOSED HI I 'A'- ENCROACHMENT REQUEST BULKHEAD, WHARF, SURVEYING & DESIGN, P.C. TIMBER PILES, BOAT LIFT, GANGWAY, AND FLOATING PIER. 4600 STATION HOUSE RD STE 202. CHESAPEAKE VA 23321 FOR 757-673-7740 WW ALIGNSURVEYING COM CHRISTOPHER R MADDEN & RAYA L THOMAS PROJECT NO. XXXXXX DRAWING NO 2308 WINDWARD SHORE DRIVE LOT 47,SECTION 1, BAY ISLAND, M B 45, PG 37 \©2023 WATERFRONT CONSULTING, INC ALL RIGHTS RESERVED JANUARY 20,2023 J MADDEN/THOMAS ENCROACHMENT EXHIBIT �1 EXISTING PIER NOW OR FORMERLY ,� CITY OF VIRGINIA BEACH MAN-MADE CANALS IN EXISTING PROPOSED 10'x15'FLOAT BAY ISLAND 45 P 37 liii/- BOAT LIFTS WITH A 3'x12'GANGWAY --FLOOD PROPOSED BOAT LIFT PROPOSED PIER EBB-- (4)10"TIMBER PILES 96.1' WEST CANAL PROPOSED 151 LF OF VINYL BULKHEAD 10 M.B.45,PG 37 WITH 10 LF RETURN(161 LF TOTAL)TO BE v 41.4'■ i•? ACONSTRUCTED NO MORE THAN 2' ''' b e' O0 °�� _ CHANNELWARD OF EXISTING BULKHEAD °'- � (,o —— j A �--__ N 56°07'18"E 44.7' 16 60,asok��_ F'QO 7.5' - v'- 150 35' SO I CA\ I =1 - LNG ' B hp LOT 47 \'. ---PROPOSED JIP@ 154.17' v1 w NOW OR FORMERLY ELECTRICAL 1- N ti, CHRISTOPHER R MADDEN 4 \ .. N LI N RAYA L THOMAS ^'� o w cn c-° m p 2308 WINDWARD SHORE DRIVE \ o`to 2 m o— p- I GPI N•240908099 20000 I � m Z ElgrTiqii3Pa.42 yQI INST 2021030G2103 M B 45, PG 37 \ 1 ZzzO M1 O�AQ�p OOC OI"- EV203� Z1 10 �Oli o�m-�-1T� top00a `41 IN N.)NJ �gmCq 1STORYBRICK Z OV2pm o o #2308 WINDWARD SHORE 3 0$ Z � m V m �1 A I t I �p�y -o m Z 1I P �,a�TH �F �; 1 N II 411( Z v i R=904.55' A=12500' I F SEAN E. GREEN CH=S63°02'16"W 124 91' Lk. No. 0402 64005 I DELTA=7°55105" _ S A P IP M.B.45 PG 37 '� 5/16/23 \� 285'TO P.C.AT F..)SI AL I- COMPASS CIRCLE WINDWARD SHORE DRIVE 50'RIGHT-OF-WAY 0 40 80 M.B.45,PG 37 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. SCALE:1"=40' 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT'A'- ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, WHARF, TIMBER PILES, BOAT LIFT, GANGWAY, AND ENGINEERING SERVICES PROVIDED BY. FLOATING PIER. STONE GREEN CONSULTING,LLC 4014 MEDINA ROAD#1015,AKRON,OH 44333 FOR:CHRISTOPHER R. MADDEN&RAYA L.THOMAS (330)883-2117 2308 WINDWARD SHORE DRIVE LOT 47,SECTION 1,BAY ISLAND,M.B.45,PG.37 `©2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED JANUARY 20,2023 74 ITEM— VL8.14 ORDINANCES/RESOLUTION ITEM#74375 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT,Resolution to RENEW permits to ALLOW Medical Emergency Services agencies to operate in the City re Pahala Park,LLC d/b/a Coastal Event Medical Management,Fast Track EMS,LLC,MB Solutions,LLC,and Shore Transport Services,Inc Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 1 A RESOLUTION TO RENEW PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES AGENCIES 3 TO OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates an 6 emergency medical services agency or any emergency medical services vehicle within the 7 City must first obtain a permit from City Council, and such permits must be renewed on a 8 biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the following 11 agencies: Pahala Park, LLC d/b/a Coastal Event Medical Management; Fast Track EMS, 12 LLC; MB Solutions, LLC; and, Shore Transport Services, Inc.; and 13 14 WHEREAS, the above-listed private ambulance agencies perform services not 15 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 16 transports, which include both basic and advance life support calls. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 19 VIRGINIA BEACH; 20 21 1. That the City Council hereby grants renewed permits to the following agencies: 22 Pahala Park, LLC d/b/a Coastal Event Medical Management; Fast Track EMS, 23 LLC; MB Solutions, LLC; and Shore Transport Services, Inc. 24 25 2. That these permits shall be effective from July 1, 2023 to June 30, 2025. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 20 t h day Of June , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emerge cy Medical Services City Attorney's Office CA16191 R-1 June 12, 2023 75 ITEM— VI.K.15 ORDINANCES/RESOLUTION ITEM#74376 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to TRANSFER $900,000 from Vacancy Savings in the General Fund to the FY2022-23 Virginia Beach Sheriff's Office Operating Budget re cover increased food and medical costs (Requested by the Virginia Beach Sheriff's Office) Voting 10-0 Council Members Voting Aye Michael F Berlucchi, Mayor Robert M Dyer, Barbara M Henley, Robert W "Worth" Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Abstaining N D "Rocky"Holcomb Council Members Absent None June 20, 2023 ��4G�1.}tA•BF�q�,�$' City of Virginia 13each e ar 99�s 4,9` Op OUR NANO VBgov.com N.D.ROCKY"HOLCOMB CELL PHONE:(757)416-2343 COUNCIL MEMBER rholcomb@vbgov.com DISTRICT 1 June 20, 2023 In Reply Refer to 0083126 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2- 3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to transfer $900,000 from vacancy savings to the Sheriff's Office Operating Budget to address increased food and medical costs. 2. I have a personal interest in the VBSO because of my employment and income received by that governmental agency. The VBSO address is 2501 James Madison Boulevard, Virginia Beach, Virginia. 3. I will abstain from the City Council's consideration of this item. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. Sincerely, 7713 oC r/lak/(/%4 N.D. Rocky Holcomb Councilmember NDH/RRI 2401 COURTHOUSE DRIVE,SUITE#281,VIRGINIA BEACH,VIRGINIA 23456 REQUESTED BY THE VIRGINIA BEACH SHERIFF'S OFFICE 1 AN ORDINANCE TO TRANSFER GENERAL FUND 2 VACANCY SAVINGS TO THE SHERIFF'S OFFICE TO 3 OFFSET INCREASED FOOD AND MEDICAL COSTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $900,000 is hereby transferred from vacancy savings in the General Fund to the 9 FY 2022-23 Operating Budget of the Virginia Beach Sheriffs Office to cover increased 10 food and medical costs. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of June , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services tto ey's Office CA16186 R-1 June 7, 2023 76 ITEM— VLK.16 ORDINANCES/RESOLUTION ITEM#74377 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE$125,000 from the Tourism Investment Program (TIP)Fund Balance to the FY2022-23 Convention and Visitors Bureau Operating Budget re support the action sport series at various locations Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 1 AN ORDINANCE TO APPROPRIATE $125,000 OF FUND 2 BALANCE FROM THE TOURISM INVESTMENT PROGRAM 3 FUND FOR AN ACTION SPORTS SERIES AT VARIOUS 4 LOCATIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT. 8 9 $125,000 is hereby appropriated, with revenue increased accordingly, from the 10 fund balance of the Tourism Investment Program Fund to the FY 2022-23 Operating 11 Budget of Convention and Visitors Bureau for an action sports series by the City's Beach 12 Events vendor. Adopted by the Council of the City of Virginia Beach, Virginia on the=20 t h day of J u n e , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: — £. Kira C B *get and anagement Services ' A rney's Office CA16180 R-1 May 25, 2023 77 ITEM— VLK.17 ORDINANCES/RESOLUTION ITEM#74378 The following registered to speak Christopher "Kit"Chope, 1009 Curlew Drive, Phone 567-5933, spoke in SUPPORT Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance to APPROPRIATE$150,000 of Fund Balance in the Tourism Investment Program (TIP) Fund to the FY2023-24 Convention and Visitors Bureau Operating Budget and to AUTHORIZE additional sponsorship funds to the Symphony by the Sea Concert Series ($50,000) and to the Neptune Festival($100,000)and provide direction the City Manager re future funding for such events(Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Holcomb, Remick, Ross-Hammond, Rouse, and Schulman) Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, HOLCOMB, REMICK, ROSS-HAMMOND, ROUSE, AND SCHULMAN 1 AN ORDINANCE TO APPROPRIATE $150,000 OF FUND 2 BALANCE IN THE TOURISM INVESTMENT PROGRAM 3 FUND, TO AUTHORIZE ADDITIONAL SPONSORSHIP 4 FUNDS TO THE SYMPHONY BY THE SEA CONCERT 5 SERIES AND THE NEPTUNE FESTIVAL, AND TO 6 PROVIDE DIRECTION TO THE CITY MANAGER 7 REGARDING FUTURE FUNDING FOR SUCH EVENTS 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1 . $150,000 is hereby appropriated, with revenue increased accordingly, from the 13 fund balance of the Tourism Investment Program Fund to the FY 2023-24 14 Operating Budget of the Convention and Visitors Bureau to fund the sponsorship 15 increase for the Symphony by the Sea Concert Series and Neptune Festival 16 sponsorships. 17 18 2. The funds appropriated herein are intended to allow an additional $50,000 19 sponsorship for Symphony by the Sea Concert Series, for a total annual 20 sponsorship of$150,000, and an additional $100,000 sponsorship for the Neptune 21 Festival, for a total annual sponsorship of$475,000. 22 23 3. The City Manager is hereby directed to use these updated sponsorship amounts 24 as the baseline funding for the Symphony by the Sea Concert Series and Neptune 25 Festival in the preparation of the FY 2024-2025 Operating Budget. 26 27 4. This ordinance is effective July 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of June , 2023. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and anagement ervices y's ffice CA16187 R-1 June 7, 2023 78 ITEM— VLL.1 PLANNING ITEM#74379 The following registered to speak R J Nutter,Attorney representing Applicant, 222 Central Park Avenue, Phone 687-7502, spoke in SUPPORT William Knowles, representing Acredale Civic League, 1128 Olive Road, Phone 495-0626, spoke in SUPPORT Ernie Warner—did not respond Karen Forget, 3712 Holland Road,Phone 472-0406, spoke in SUPPORT Upon motion by Council Member Holcomb, seconded by Vice Mayor Wilson, City Council APPROVED, AS PROFFERED, application of BONNEY'S CORNER ASSOCIATES,LLP for a Conditional Change of Zoning from B2 Community Business District to Conditional B4 Mixed Use District re 81,150 square feet of retail& up to 322 multi family dwelling units at 1385 Fordham Drive DISTRICT 1 (Deferred from January 17, 2023) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 BONNEY'S CORNER ASSOCIATES,LLP for a Conditional Change of Zoning from B2 Community Business District to Conditional B4 Mixed Use District re 81,150 square feet of retail & up to 322 multi family dwelling units at 1385 Fordham Drive (GPIN 1494459345)DISTRICT 1 (Deferred from January 17, 2023) The following conditions shall be required An Agreement encompassing proffers shall be recorded with the Clerk of Court This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20h day of June Two Thousand Twenty Three Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 R5,D R5 b 4taLF o - (R7.�5 Rv7,�5 )`` _ `�q 0 R7 5. ,i? R7c5 , ,,\a • �,� R7.5 0 !���\�,� , o 661=j0 � R`7�5, � R 7-5 �"::777 �\� ,',,\ oD /'�� a. Awe• , ti0 `, B'2 L ` R>15\R1-5 ,Z,"R5D IM.N' T Rio od . �RSD� R5D B2 c�I , °° o Q/ ooRSD 17, n Q Q. �- o / 62 �R15' ( - o B2 <o ° 72— , _ D R15 Q,�R1-5o- i if 0 _9 - R15 / OV . , / 72 0 P 1 0.____H-P-- 02 02c/j , B=2-B•2 B'2 , 0 g D '02 R5 D4 (A O2 / • " a ° 0 ti' t-- :R5D R5D � _ V � - D� � '% % o° R5D B2 ` 02 115 e o I 'o 132 B�2 B2 ico2 Q B2 * Opal R15- .oR1i5_' ;R`54 : >>� 02 B:1\ V Q `� B 1 R15 - 1, 6 , , R1-O��R5D B1 B2 Q PDH-1 d R-1,10 a / it\PD�H 1 > 7 .0\ , ;�✓ O2' ) ( / �B.2 B�2 g�2iB2� �� PDH1- ' ;� v ' �R1002 B22B2; - B:2 B2 //IL //Jt4DHt??2� j • . rJs / i <Ro10 R10 O�R�10 . �°���� B2 B2 \ B2 `� R�15'R1;5 �O (�__e N I, Site -AN. Property Polygons Bonney's Corner Associates, LLP W , -.E Zoning 1385 Fordham Drive s I Building Feet 0 75150 300 450 600 750 900 Prepared by RJ Nutter II,Esq (VSB No 17774) Troutman Pepper LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 PROFFER AGREEMENT THIS AGREEMENT (this "Agreement"), made this 3rd day of January, 2023, by and between BONNEY'S CORNER ASSOCIATES,L.L.P., a Virginia limited liability partnership (to be mdexed as "Grantor", here and after will be referred to as Grantor), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the"Grantee", and to be indexed as grantee) WITNESSETH: WHEREAS, Grantor is the current owner of that certain parcel located in the City of Virginia Beach,Virginia,identified by Tax Map Number 1465-39-2458-0000,as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the"Property"), and WHEREAS,Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 to Conditional B-4, and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation, and WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-4 are needed to cope with the situation to which the Grantors' rezoning application gives rise, and WHEREAS, Grantor has voluntanly proffered in writmg in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-4 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning, and GPIN 1465-39-2458-0000 WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordmance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions, provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument, provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15 2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent NOW THEREFORE,the Grantor,for themselves,their successors,assigns,grantees,and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezonmg, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers(collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor,its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely 1 The redevelopment of this portion of Kemps River Shopping Center will be responsive to the changing needs of the retail and small office markets Two areas of the shopping center may be redeveloped for multi-family purposes and if developed for multi-family purposes, the location, design,materials, amemties, and unit count shall be substantially as set forth in these proffers Any substantial change to the exhibits relating to the multi-family use of the Property set forth in this application shall require an amendment to the proffers Continued use of the Property for retail and other permitted uses in the B-4 district shall not require an amendment to this plan, albeit subject to site plan approval as required by law 2 When developed for multi-family purposes, the Property shall be developed in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P C, entitled "Conceptual Site Plan for New Mixed Use Development The Promenade at Kemps River Crossing", Scheme 24 dated October 20, 2022, (the "Conceptual Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning 3 The Conceptual Site Plan provides for an Area to be Dedicated to the City for Future Pump Station Expansion,provided any relocation of utilities for the benefit of Grantor to an area outside the dedicated area are presented to the Grantor in advance,are fully accommodated, 2 GPIN 1465-39-2458-000 do not interfere with the development, and are relocated by Grantee at Grantee's sole expense. 4 The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Khewer & Company, P C , entitled "Conceptual Elevation — revised3 The Promenade at Kemps River Crossing" dated October 20, 2022 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning The accent color chosen based on final branding shall be subject to the review and approval of the Director of Planning & Community Development, approval shall not be unreasonably withheld 5 The quality of architectural design and materials of the Clubhouse for the multi-family residential buildings, when developed on the Property, shall be in substantial conformity with the exhibit prepared by Cox, Khewer & Company, P C., entitled "Conceptual Clubhouse Elevations The Promenade at Kemps River Crossing", dated September 16, 2022 (the"Clubhouse") "), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning 6 The number of multi-family residential units located on the Property, when developed, shall not exceed a total of three hundred twenty-two (322) 7 Landscaping installed on the property, when developed shall meet applicable City Code requirements as segments of the property are redeveloped and they shall be located m substantial conformity with the conceptual site plan referenced above which has been reviewed by the City Council and is on file with the Virginia Beach Planning Department. 8 The free-standing signs for the apartments shall be located where shown on the site plan They shall be monument-style and shall not exceed a height of eight(8)feet The proposed signs shall conform with the Zoning Ordmance The materials, design and color pallets of the free-standing signs shall match those of the architecture, and color pallet of the apartments 9 When and as developed as shown on the Conceptual Site Plan,Grantor will not use off site nutrient credits to meet any stormwater pollution reduction quality requirements otherwise required by state and local regulations 10 Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements 3 GPIN 1465-39-2458-000 t i All references heremabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee The Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedymg of any noncompliance with such conditions, and (ii) the bnngmg of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction, abatement, damages or other appropnate action, suit or proceedmgs, (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required builduig or occupancy permits as may be appropnate, (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantor shall petition the governing body for the review thereof prior to instituting proceedmgs in court,and(4)the Zoning Map shall show by an appropnate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee [INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO IMMEDIATELY FOLLOW] 4 GPIN 1465-39-2458-000 t IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: BONNEY'S CORNER ASSOCIATES,LLP, a Virginia Limited Liability Partnership By: Nam : Lawrence E. Fleder Title: Agent for Trustee under Delegation to Agent dated February 25, 2015 By: �M1 4 • Na ='iP �'!. C r an Title: anager of Hecht Family 1976 Trust Partnership STATE/COMMONWEALTH OF ‘It R ',r,, CITY/COUNTY OF d\ 6, ,to-wit: The foregomg instrument was sworn to and acknowledged before me this 3rd day of January, 2023, by Lawrence Fleder, Agent for Trustee under Delegation to Agent dated February 25, 2015, and yes e� Caplan, Manager of Hecht Family 1976 Trust Partnership, in their capacity as designated gents for Bonney's Corner Associates, LLP, a Virginia limited liability partnership. They are personally known to me. Witness my hand and official stamp or seal this 3rd day of January,2023. ---\(\c1326 (1 Notary Public (SEAL) My Commission Expires: I \ 3 l`Zo 2 Registration Number: o9\3' \\``�� �`� I G Ocfti i GP1N: 1465-39-2458-000 i . ,a EXHIBIT A LEGAL DESCRIPTION All THAT certain lot, piece or parcel of land, located, situate and bemg m the City of Virginia Beach, Virginia and bemg known, numbered and designated as PARCEL '5' AREA = 20 763 ACRES, as shown on the plat entitled, "SUBDIVISION OF PROPERTY FOR BONNEY'S CORNER ASSOCIATES AND KEMP RIVER CORNER ASSOCIATES, KEMPSVILLE BOROUGH,VIRGINIA BEACH,VIRGINIA',prepared by Talbot&Associates,Ltd,which said plat is duly recorded m the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 176 at page 31 GPIN 1465-39-2458-000 6 79 ITEM— VI.L.2 PLANNING ITEM#74380 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED, AS MODIFIED, AS PROFFERED, BY CONSENT, application of CITY OF VIRGINL4 BEACH DEVELOPMENT AUTHORITY/CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY& YCH, LLC for a Modification of Proffers to a Conditional Rezoning re amend the design and development guidelines at the parcels between 2009 Hudome Way to Tournament Drive and parcel on the southeast corner of Princess Anne Road and Tournament Drive DISTRICT 2 Approved December 13, 2016(Deferred from June 6, 2023) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA CITY OF VIRGINL4 BEACH DEVELOPMENT AUTHORITY / CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY& YCH, LLC for a Modification of Proffers to a Conditional Rezoning re amend the design and development guidelines at the parcels between 2009 Hudome Way to Tournament Drive and parcel on the southeast corner of Princess Anne Road and Tournament Drive (GPINs 1494459345, Portion of 1494170763, 1494086398) DISTRICT 2 Approved December 13, 2016(Deferred from June 6, 2023) The following conditions shall be required An Agreement encompassing proffers shall be recorded with the Clerk of Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20t1i day of June Two Thousand Twenty Three Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 �1 06/< '7N'GI<l7Ari ___ O § Rse:, RS D 04 ifi 4 p : :- co A it.t 11 1 B2 B2 \ :, 0.7:.4u n: s : •E-'1E E F., c %'7 a. 11.5 n m-Z5 R10 2' III AG2 R5D _ ; .] 1 _„�,_ AG2 R7..5 -n. O2� 5 R10 1 ' AG2 ' R�7. . .N/ 7 AGN �� :/ AG2 R7:5 . _►� R71.5 a GA2 , -'4 at+ •!� ,r / c'Q q ge"22z° Qo / & \ 4 - , AR110oMo4 , 1.hp 41.11 , ' 7 L417R7 54:4'4' 1vs to .� D .4 , 11 .04 k,,,,..9,4, ) 4, :11 i vt4swo 40, ` ,� A vpRt7 fe AG2NA2 : Ro 1t0 AG ' 9p , 01G‘ • � '5 , - N V,44 / \ R <\ � LA i1 . 111i "ON *J a� a ; pR0( 1AG2_ E: g , AG2 * o \ N /// Site City of Virginia Beach Development Authority w Abi, t. Property Polygons Parcels between 2009 Hudome Way to Tournament Drive & ,_W Zoning parcel on the southeast corner of S Building Princess Anne Road & Tournament Drive Feet 0 16C620 640 960 1,280 1,600 1,920 1W 4co1A BFAc,Ac,N CITY OF VIRGINIA BEACH ...0 'A • i , ,,, - INTER-OFFICE CORRESPONDENCE S 5 OF OUR NPZ�O In Reply Refer To Our File No. DF-10851 DATE: June 9, 2023 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Virginia Beach Development Authority & YCH, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 20, 2023. I have reviewed the subject proffer agreement, dated February 2, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager I t- ,..� 1 THIS DOCUMENT PREPARED BY THE CITY OF VIRGINIA BEACH ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-811(A)(3)AND 58 1-811(C)(5) CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia AND YCH, LLC, a Virginia limited liability company, To (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS MODIFICATION OF PROFFERS AGREEMENT, made this 2nd day of February, 2023, by and between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia, and YCH, LLC, a Virginia limited liability company (collectively referred to herein as "Applicants", and for indexing purposes, "GRANTORS"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (referred to herein as "City", and for indexing purposes, the "GRANTEE"). WITNESSETH WHEREAS, the Applicants own property located in the City of Virginia Beach, containing approximately 108 acres located near the intersection of Princess Anne Road and Hudome Way known as the"Innovation Park", as more particularly descnbed on Exhibit A, attached hereto and incorporated herein by this reference, and hereinafter referred to as the"Property" Said Property being further identified and designated by the parcel identification numbers included on said Exhibit A, and WHEREAS, the Property is subject to those certain restrictions and proffer agreement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument No 20170120000055640 (collectively, the"Existing Proffers"), and GPINs: 1494-17-0763-0000, 1494-45-9345-0000 & 1494-08-6398-0000 1 WHEREAS, the Applicants, as owners of the Property, desire to modify and amend the Existing Proffers to i) align the covenants, restrictions and conditions with the current City of Virginia Beach Zoning Ordinance, Landscape Guide, Public Works Standards and Specification and Building Code requirements, iii) to provide guidance on the land use, site design, building design, landscaping and signage throughout the Innovation Park; WHEREAS, the City's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Applicants' use of the Property is zoned, and WHEREAS,the Applicants do hereby voluntarily proffer, in writing, in advance of and prior to the public hearing before the City, as part of the proposed Modification of Proffers, in addition to the regulations provided for by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development and use of the Property, NOW, THEREFORE, the Applicants, for themselves, their successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the City or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Applicants, their successors and assigns, grantees, and other successors in interest or title 1 The Property is hereby removed and released from the Existing Proffers and said Property will now be subject to the proffers contained herein 2 Excluding the Property specifically described on Exhibit A, the remaining parcels of land located within the Innovation Park and not owned by the Applicants shall remain subject to the Existing Proffers, which remain in full force and affect 2 3 Further conditions may be required by the City during detailed Site Plan review and administration of applicable City codes by all City agencies and departments 4. Fencing on the Property, other than for screening purposes and where it is necessary for the security of certain facilities or necessary to funnel visitors to designated entry points, is prohibited The VBDA shall approve all proposed fences for material, color, location, coupled plantings and overall impact 5 Temporary facilities, other than construction related facilities,shall not be permitted within the front yards and when located in the rear yards, shall be removed immediately upon completion of the permanent facility 6 All loading/service, refuse, outdoor storage and staging areas must be concealed from public right-of-way view to the greatest extent possible and located at the rear of the building Year-round screening may consist of walls and plant materials Wall screening materials must be compatible with the primary structure The extent of the screen wall and plantings shall be subject to VBDA approval 7 Those uses permitted in I-1 are permitted on the Property Those uses requiring a Conditional Use Permit from City Council shall continue to do so 8 The Innovation Park Design and Development Guidelines, dated January 2023, is attached hereto as Exhibit B and incorporated herein by reference for additional specifications, conditions and requirements related to design requirements, improvements by VBDA, site design, parking, fencing, landscape and plantings, signage, building design, building materials and palette, and exterior lighting in the Innovation Park The above conditions, having been proffered by the Applicants and allowed and accepted by the City as part of the Modification of Proffers, shall continue in full force and effect, despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance, until a subsequent written instrument amending the proffers is approved and executed by the record owner of the Property, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, provided that said instrument is consented to by the City in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the City, after a public hearing before the City which was advertised pursuant to the provisions of Section 15.2- 2204 of the Code of Virginia, 1950, as amended 3 The Applicants covenant and agree that (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding, (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate, (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Applicants shall petition the governing body for the review thereof prior to instituting proceedings in court, and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee [SIGNATURES ON FOLLOWING PAGES] 4 1 t n WITNESS the following signature and seal. \O..15E ZF CITY OF VIRGINIA BEACH DEVELOPMENT r• AUTHORITY, a political subdivision of the = !REGISTRATION NO Commonwealth of Virginia 7702945 XPI atAi •°' �`." � ��� `� By' (SEAL) ''%,�TgRYIPVo���`� Name' 1.4 S� Title Chair/Vice-Chair Commonwealth of Virginia City of Virginia Beach, to-wit The foregoing instrument was acknowledged before me this day of 20 , by )Apt.. /LftIt`p1w , as Chai Vice-Chair of City of Virginia Beach Development Authority, on its biehalf 1 , of_ NOTARY PUBLIC My Commission Expires• a r a 11"2/ a`1 My Registration Number T7 Da?gy$ Approved as to Content Approved as to Leg efficiency Eco 111 is Development City Attorney 5 \\`�otiIttIII►►►►// '-‘ L• KF /'' YCH, LLC, a Virginia limited liabilitycompany \G Mo"wF•4.<( ,/ 9 P Y • REGISTRATION y�' s S1'RATION NO 7702945 / ' SEAL ;MYLp I = By: : / 1 � ti•5101 ��P•. *�; Name �, ,�.tJ cJ�44-0 Off. .113.9 .*\C,`��� f //IRV pUB\-,���` Title /2en6€r Ilntt Commonwealth of Virginia City of Virginia Beach, to-wit. The foregoing instrument was acknowledged before me this o day of 1e , i4t,7 , 20a� , byAh'kkOA 3'L5' 11fc , as �CeSr e di-- of YCH, LLC, a Virginia limited liability company, on its behalf yi NOTARY PUBLIC My Commission Expires 2" a "020? My Registration Number'77O '-tS 6 EXHIBIT A (PROPERTY DESCRIPTION AND GPIN LIST) GPIN 1494-17-0763 (Approx. 92.872 Acres) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as "PARCEL C-1", as shown on that certain plat entitled "SUBDIVISION PLAT OF PARCEL C PROPERTY OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (KNOWN AS INNOVATION PARK) (PLAT INST 20170718000601850) VIRGINIA BEACH, VA", dated May 28, 2020, prepared by MAS-LD, and recorded in the Clerk's Office as Instrument No 202000097026, reference to which is made for a more particular description Said PARCEL C-1 was formerly a part of Parcel C shown on that certain plat entitled "AMENDED RESUBDIVISION OF PROPERTY OF THE CITY OF VIRGINIA BEACH (D B 3475, PG 497), (D B 4346, PG 447), (D B 3983, PG 1290), (D B 4394, PG 1669), (D B 4560, PG 83), (D B 3770, PG 269)(IN.20150819000800090)TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY", dated February 7, 2017, prepared by WPL, and recorded in the Clerk's Office as Instrument No 20170718000601850 IT BEING a portion of the property conveyed to the City of Virginia Beach Development Authority from the City of Virginia Beach, a municipal corporation of the Commonwealth of by Virginia, by deed dated February 19, 2018, and duly recorded in the Clerk's Office as Instrument No 20180221000140360 GPIN 1494-45-9345 (Approx 5.826 Acres) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as "PARCEL 1 B" as shown on that certain plat entitled "RESUBDIVISION OF PARCEL E (I N 20170718000601850) AND RESIDUE OF "SITE 1" RESIDUE B (I N 200510180168772) PROPERTY OF THE CITY OF VIRGINIA BEACH TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY", Dated December 15, 2016, prepared by WPL, and recorded in the Clerk's Office as Instrument No 20171018000898330, reference to which is made for a more particular description IT BEING a portion of the property conveyed to the City of Virginia Beach Development Authority from the City of Virginia Beach, a municipal corporation of the Commonwealth of by Virginia, by deed dated February 19, 2018, and duly recorded in the Clerk's Office as Instrument No 20180221000140360 7 S EXHIBIT B (INNOVATION PARK DESIGN AND DEVELOPMENT GUIDELINES-JANUARY 2023) 8 80 ITEM— VI.L.3 PLANNING ITEM#74381 The following registered to speak Jay Brown,Applicant, spoke in SUPPORT Philip Russo, 4669 South Boulevard#107,Phone 499-6020, spoke in SUPPORT Father Mario Melendez, 3800 Dunning Drive, Phone 706-631-6299, spoke in SUPPORT Mike Tracy, 3504 Royal Palm Court, Phone 498-3433, spoke in SUPPORT Teresa Stanley, 143 Castilian Drive, Phone 286-5858, spoke in SUPPORT Tommy DiNardo, 2424 Puritan Road, Phone 408-6020, spoke in SUPPORT Abigail Causey, 560 Caren Drive,Phone 647-0997, spoke in SUPPORT Peter Poirier, 908 Kings Cross, Phone 650-4488, spoke in SUPPORT Steve Elena, Phone 202-251-2343, spoke in SUPPORT Susan Rabey, 3321 Belmont Court,Phone 648-0648, spoke in SUPPORT Kay Florhre, 1286 Brigantine Court, Phone 718-1752, spoke in SUPPORT Lou Schager, 3113 Beldover Lane,Phone 621-8217, spoke in SUPPORT Brian Alexander, 1279 North Great Neck Road, spoke in SUPPORT Brian Garrison, 1432 Five Hill Trail, Phone 559-999-8241, spoke in SUPPORT Kenneth Golden, 3425 Montgomery Place, Phone 581-7499, spoke in SUPPORT Harry Graber, 2281 Cape Arbor Drive, Phone 515-5142, spoke in SUPPORT Janice Figueroa Lopez, 5328 Garnett Pointe Court, Phone 497-8330 ext 367, spoke in SUPPORT Regina Fremont-Gomez, 2005 Silver Lake Drive, Phone 339-8166, spoke in SUPPORT Perry Hohman, 1604 Bay Point Drive, Phone 463-2882, spoke in SUPPORT Tim McCarthy, 3845 Prince Phillip, Phone 486-3375, spoke in SUPPORT Elizabeth Hegedus, 3805 Silver Maple,Phone 738-0063, spoke in SUPPORT Don Leneski, 1201 Sycamore Road, Phone 672-4950, spoke in SUPPORT Jimmy Frost, 2440 Wyndham Drive, Phone 343-6762, spoke in OPPOSITION Rick Klobuchar, 758-Suffolk Lane,Phone 560-5590, spoke in OPPOSITION Upon motion by Council Member Taylor,seconded by Council Member Henley, City Council APPROVED, AS MODIFIED, AS CONDITIONED, AS AMENDED, Application of COMMONWEALTH CATHOLIC CHARITIES/CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re group home at 642 North Lynnhaven Road DISTRICT 8 (Deferred from May 16, 2023) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 COMMONWEALTH CATHOLIC CHARITIES/CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re group home at 642 North Lynnhaven Road (GPIN 1488805079)DISTRICT 8 (Deferred from May 16, 2023) June 20, 2023 81 ITEM— 117L.3 PLANNING ITEM#74381 (Continued) The following conditions shall be required: 1. All conditions attached to the previous Conditional Use Permit granted on February 6, 1984, are hereby deleted, and superseded by the following conditions. 2. The proposed building shall be improved in substantial conformance with the submitted architectural renderings entitled "STNICHOLASBUILDINGPLANS",prepared byR.P.Morgan. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Department of Planning& Community Development. 3. All existing landscaping on the property shall be retained and maintained. 4. The number of children associated with this conditional use permit shall be limited to -28 10 children or as determined by the occupancy load set by the Building Official's Ojf ce for this Group Home, whichever count is lower S. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning& Community Development is required for any new signage installed on site. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lightingfixtures shall not be erected any higher than fourteen (14)feet. 8. Children residing in the Group Home shall be limited to the ages between S to 17 for girls and ages between S to 12_for bound shall not reside on the property for more than 90 60 days 9. The applicant shall keep an occupancy log for each day the group home is in operation. No identifying information shall be included in such log. 10. The applicant,prior to the issuance ofthe certificate ofOccupancv,shall submit and have approved a safeV plan. SafeU Plan shall be kept current and approved by State and Federal licensing agencies. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. June 20, 2023 82 ITEM— VLL.3 PLANNING ITEM#74381 (Continued) Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20th day of June Two Thousand Twenty Three Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 \ NR-1�0� \v ♦ v It RR10 ! a-Nro, Oltii 0 Re V-- 4R10 .,b ♦-\ 1,0 , \ R20 A\2oNR10 • '.mac In \ , â< '> :=-\ WO* '''4 b 7 ' 0 . ,' . N N•4'7 0,,of , ?. op : el • ° (k/ 0 °* +� ��i R5 D * o \ ,�� mac, /\ ., riA.: # .\7 ' ' 0 r o .+ , j 'R,1'0t. VS! a t �„ �, O' \„R,1�0 ) , \ "R10 'o �. : 3 o 0, R �.0, -,* /, � iy/ R%1-0 R-1,0 ! DO/1/ o -- A) Vi o. Q 4i/-- .4 / :0, 0 \ \ ,e '-R40 0 co (7' c ', Q o,\. ). + , � ,�o\\ R 10 Qii. 0 _ \ S. , off \A. ��� � A �\ ..p. o \ o 0 'fs z.z \tom \____<, Q� o Q' R15 R7.5 R7.5 �. e R15 0 ' , D .21, ‘,, v o N o /i-�5 �R7;.5X /\ o ' ,Q: 2. N Suite Commonwealth Catholic Charities Site W-At, -E WA 642 North Lynnhaven Road `S Property_Polygons Zoning - Feet Building 0 40 80 160 240 320 400 480 83 ITEM— VLL.4 PLANNING ITEM#74382 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council DEFERRED TO JULY 11, 2023, BY CONSENT, Application of THOMAS A. BROWN for a Variance Section 4 4(b)&(d) of the Subdivision Regulations re reconfigure the boundaries of four (4) existing parcels at 2888 Indian River Road DISTRICT 2 Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N.D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 84 ITEM— VI.L.5 PLANNING ITEM#74383 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of ALACRITY, LLC / OLD BRANDON FIRST COLONIAL ASSOCIATES,LLC,for a Conditional Use Permit re body piercing establishment at 1721 Laskin Road DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ALACRITY, LLC / OLD BRANDON FIRST COLONIAL ASSOCIATES, LLC, for a Conditional Use Permit re body piercing establishment at 1721 Laskin Road (GPIN 2407784497) DISTRICT 6 The following conditions shall be required 1 A business license for the Body Piercing Establishment shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code 2 The actual body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment 3 Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors Window signage shall not be permitted Any freestanding signage shall be monument style, no higher than eight feet, with a brick base to match the building A separate sign permit shall be obtained from the Planning Department for the installation of any new signs This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`h day of June Two Thousand Twenty Three Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 B2 J 1 ` 1 Site W E [ Property Polygons Alacrity, LLC s r -1 Zoning 1721 Laskin Road Building Feet 0 510 20 30 40 50 60 85 ITEM— VLL.6 PLANNING ITEM#74384 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED, AS CONDITIONED,BY CONSENT, application of CAROLINE,LLC for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 605 DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CAROLINE, LLC for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 605 (GP1N24273224031800) DISTRICT 6 The following conditions shall be required 1 The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 605, and the Short Term Rental use shall only occur in the principal structure 2 An annual Short Term Rental Zoning Permit must be obtained from the Department ofPlanning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes 3 The dwelling unit shall comply with all required Fire and Building code requirements 4 Off-street parking shall be provided as required by Section 2412 and 2303(b)(a)(i)(u) of the City Zoning Ordinance or as approved by City Council 5 This Conditional Use Permit shall expire five(5)years from the date of approval The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development, however, the Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes 6 No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 7 The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one(1)hour June 20, 2023 86 ITEM— VLL.6 PLANNING ITEM#74384 (Continued) 8 If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below This information must be submitted to the Department of Planning and Community Development for review and approval This shall be done within six(6)months of the property real estate transaction closing date a A completed Department of Planning and Community Development Short Term Rental Zoning Permit, and b Copies of the Commissioner of the Revenue's Office receipt of registration, and c Proof of liability insurance applicable to the rental activity of at least $1-Million 9 To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes 10 There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31- 28 (solid waste collection), 12-5 (fires on the beach), 12-43 2 (fireworks), and a copy of any approved parking plan 11 All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28 12 Accessory structures shall not be used or occupied as Short Term Rentals 13 No signage shall be on-site, except that each Short Term Rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street 14 The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days 15 The owner or operator shall provide proof ofhability insurance applicable to the rental activity at registration and renewal of at least$1-Million underwritten by insurers acceptable to the City 16 There shall be no outdoor amplified sound after 10 00 p m or before 10 00 a m June 20, 2023 87 ITEM— VLL.6 PLANNING ITEM#74384 (Continued) 17 The maximum number of persons on the property after 11 00 p m and before 7 00 a m ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16,provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3) 18 The property owner, or their representative, shall provide to the Department of Planning and Community Development permission to inspect the Short Term Rental property annually Such inspection shall include 1)At least one(1)fire extinguisher has been installed inside the unit (in the kitchen)and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve (12) months and are in good working order Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development shall only be required to be inspected every three years The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permitting process Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors The compliance inspection shall be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permit process 19 A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures This Ordinance shall be effective in accordance with Section 107 0 of the Zoning Ordinance June 20, 2023 88 ITEM— VI.L.6 PLANNING ITEM#74384 (Continued) Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20th day of June Two Thousand Twenty Three Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 OR"' tCeet OR g - c (2) Q / _v Il 1 o OR OR / Ze i ; 1, v \ '/ / \ ,, //e / / \ ' 0 / i / ,.- - 3rd N r A Site w'A E Property Polygons Caroline, LLC ' -h�- s Zoning 303 Atlantic Avenue, Unit 605 Building Feet 0 1020 40 60 80 100 120 89 ITEM— VI.L.7 PLANNING ITEM#74385 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council DEFERRED TO JULY 18,2023, BY CONSENT, application of NICHOLAS IULIANO for a Conditional Use Permit re short term rental at 505 20`h l/2 Street DISTRICT 6 Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 90 ITEM— VLL.8 PLANNING ITEM#74386 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council DEFERRED TO JULY 18, 2023, BY CONSENT, application of JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 206 1/2 Street DISTRICT 6 Voting 11-0 Council Members Voting Aye Michael F Berlucchi,Mayor Robert M Dyer,Barbara M Henley,N D "Rocky" Holcomb, Robert W "Worth"Remick, Dr Amelia N Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D Wooten Council Members Absent None June 20, 2023 91 ITEM— VLM APPOINTMENTS ITEM#74387 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORYBOARD HOUSING ADVISORYBOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE WETLANDS BOARD June 20, 2023 92 ITEM— VI.L APPOINTMENTS ITEM#74388 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: YEARDLEYPEARSON If 4MAR WILSON (Student Members) One year term 7/1/2023—6/30/2024 ACTIVE TRANSPORTATION ADVISORY COMMITTEE June 20, 2023 93 ITEM— VI.L APPOINTMENTS ITEM#74389 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: SARAN WELCH CLENISE PLATT No Term PROCESS IMPROVEMENT STEERING COMMITTEE June 20, 2023 94 ADJOURNMENT ITEM#74390 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:38 P.M. 1'em hTChelius Chief Deputy City Clerk A arnes Robert M. Dyer Ci lerk,MMC Mayor City of Virginia Beach Virginia June 20, 2023