HomeMy WebLinkAboutNOVEMBER 21, 2023 FORMAL SESSION MINUTES U
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
NOVEMBER 21,2023
Mayor Robert M. Dyer called to order the CITY COUNCIL/ SCHOOL BOARD JOINT SESSION in
Building 19, Tuesday,November 21, 2023, at 12:30 P.M.
Council Members Present:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
School Board Members Present:
Beverly M. Anderson, Michael R. Callan, Jennifer S. Franklin, Kimberly
A.Melnyk, Trenace B. Riggs and Carolyn D. Weems
School Board Members Absent:
Kathleen J. Brown, David Culpepper, Victoria C. Manning, Staci R.
Martin and Jessica L. Owens
2
CITY COUNCIL/SCHOOL BOARD JOINT SESSION
FIVE YEAR FORECAST
ITEM#749 78
12:30 P.M.
Mayor Dyer welcomed Kevin Chatellier, Director—Budget & Management Services and Crystal Pate,
Chief Financial Officer — VBCPS. Mr. Chatellier expressed his appreciation to City Council for their
continued support and distributed a copy of the presentation,attached hereto and made apart of the record.
The City Council/School Board Joint Session ADJOURNED at 1:47 P.M.
November 21, 2023
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VB CITY OF �
VIRGINIA
Annual Purpose of Five-Year Forecast
• First formal engagement between City Council and School Board as a
part of the budget process:
• Brief Economic Overview
• Overview of the current financial condition of the City and Schools
• Highlights policy decisions that will need City Council and/or School Board
consideration
"
Budget Preparation Timeline
August September October November December
*Fiscal Year *Financial *Rea Estate •Departments •Governor's
Begins Closeout Period Assessor& begin budget �e Budget
i *Compensation Commissioner preperations 444 •Budget
Data provided of the Revenue Submissions
•Council Retreat provide *Five-Year Reviewed
estimates Forecast
*Revenue
projections
begin
February March
F=
• Budget Hearings •Superintendent's • School Adopted • Budget rReconciliation
ty Council
Estimate of I Budget Workshops
Real Estate Needs • City Manager's • Public Hearings dopted Budget
Revenue-First • Real Estate Proposed Budget • Operating by May 151n
Half Due Finalized Budget,Bonds,
•School Budget fees
•VRS update Workshops • Real Estate Tax
provided to staff
3
HAMPTON ROADS
PLANNING DISTRICT
COMMISSION
HAMPTON ROADS
POC
-7 PLANNING DISTRICT CGMM/55/ON
Economic Overview
-------------
NATIONAL 1-2 �S°
REGIONAL
LOCAL
ECONOMICS
4
Civilian Employment (Jobs)
GrowthUnited States, September 2010 - September 2023
so coc
Monthly
-156.874
Employment
152,371
150.000
a
a
0
0
a
g
A
w
140.000
t
0
130.000 ••130,339 130,430
Jan Jan Jan Jan Jan Jan Jan
2012 11014 2016 2018 2020 2022 2024
Source: Bureau of Labor Statistics.Seasonally-adjusted data
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Unemployment
12.0%
10.0%
8.0%
6.0% -�..
i
2.0%
0.0%
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
—Virginia Beach —Hampton Roads Virginia —United States
Source:Bureau of Labor Statistics National and Local Unemployment Statistics
*The Annual Rate was updated October 9tn,2023.Data is not seasonally adjusted and may be subject to revision. ti
Inflation ( Year over Year Change )
8.0%
7.0%
6.0%
5.0%
4.0%
3.0%
2.0%
1.0%
0.0%
-1.0%
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Source: Bureau of Labor Statistics (BLS)
Federal Reserve - Interest Rates
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Source: Federal Reserve Economic Data $
Hampton Roads Existing and New Construction Home Sales
Existing and Hampton Roads, August 2010 - August 2023
Existing Homes New Construction
New
4,000
' COVID-19
Construction 3,452
Homes
3.000 2,763,
2,058
2,059
2,000
E
0
x
1,000
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Aug Aug Aug Aug Aug Aug Aug
2010 2011 2014 2016 2018 2020 2022
Source:Real Estate Information Network,HRPDC.Seasonally adjusted sales.
Change in Real Estate Assessments — Year over Year
25.0%
20.0%
15.0%
10.0%
5.0
0 111 � 1
-5.0%
-10.0%
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
■ Residential is Commercial
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City of Virginia Beach -
Five-Year Forecast
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General Government Revenues
VB
Baseline Assumptions- Revenue
• Continuation of existing dedications and tax rates
• Revenue growth predicated on long term trend analysis
• Revenue estimates will continue to be modified during the budget
process- still early
Real Estate Tax- General Fund
900,000,000
800,000,000 $739.5 M
$762.4M $782.2M $802.6M
$713.8M
$669.6M
700,000,000
600,000,000
500,000,000
400,000,000
300,000,000
200,000,000
100,000,000
FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
—Budget —Actual Projection
14 �'r
Personal PropertyTax
300,000,000
$244.6M
250,000,000 $224 8M $234.5M
$208.2M $206.7M $215.6M
200,000,000 $193.6 M
150,000,000
100,000,000
50,000,000
FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
—Budget —Actual Projection
15
Business Professional Occupational License ( BPOL)
$70,000,000.00
$60,000,000.00
$50,000,000.00
$40,000,000.00
$30,000,000.00
$20,000,000.00
$10,000,000.00
FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
—Budget —Actual Projection
16
Telecommunications Tax
$25,000,000.00
$20,000,000.00 _
$17.2 M
$15M $14.4M
$15,000,000.00 $16.7M $13.9M $13.4M
$13M
$10,000,000.00
$5,000,000.00
FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
—Budget —Actual Projection
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General Fund Expenditure Forecast
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Baseline Assumptions- Expenditures
• Personnel
• Compensation- assumed 3% increase annually to match "steps"
• Virginia Retirement System (VRS) Rates- assumed 1.5% rate increase every
other year
• Health Insurance- assumed 3% employer contribution increase
• Vacancies- no reflection of attrition
• Operating Accounts
• Inflation to both operating and capital accounts due to rate of inflation (3%)
• Increased by amount of known contractual increases (Axon, Microsoft, etc.)
• Debt Service is held flat
x. z
Baseline Forecast
6%
5% 4.67% 2.91% 3.20%
4% 3.09%
3% 2.64
2% 3.03
1% 3.10% 2.69% 2.46% 2.48%
0%
-1%
-2%
FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
—Revenue —Expenditure
FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 4
Revenue $1,416,323,984 $1,459,170,048 $1,501,569,029 $1,541,895,807 $1,579,859,541 $1,618,994,907
Expenditure $1,416,323,984 $1,482,521,821 $1,528,475,657 $1,577,383,680 $1,618,978,402 $1,668,977,014
Surplus/Deficit ($23,351,773) ($26,906,628) ($35,487,873) ($39,118,861) ($49,982,107)
21 ��
Potential Impacts on Baseline Forecast
• Inflation-
• Operating Budget contracts
• Impacts to existing CIP
• Compensation Decisions
• VRS
• Debt Service
• Revenue Assumptions
• Update to Revenue Sharing Formula
Waste Management Enterprise Fund
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Baseline Forecast
FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
Revenue $42,958,493 $42,958,493 $42,958,493 $42,958,493 $42,958,493 $42,958,493
Other Expenditure $38,457,452 $38,762,514 $39,572,153 $40,536,183 $41,397,809 $42,019,561
Recycling Contract $4,796,341 8 939,376 $9,207,557 $9,483,784 $9,768,298 $10,061,346
Total Expenditures $43,253,793 $47,701,890 $48,779,710 $50,019,967 $51,166,107 $52,080,907
Surplus/Deficit ($295,300) ($4,743,397) ($5,821,217) ($7,061,474) ($8,207,614) ($9,122,414)
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24 �
Potential Impacts to Baseline Forecast
• Waste Collection Fee
• SPSA Tipping Fee
• Recycling costs
• Could potentially double
• Solutions and possible alternatives are being considered by City staff should costs
exceed capacity
• Capital Replacement and Reinvestment
• Compensation increases
• Step Plan
• VRS/Health Insurance
• Commercial driver's license stipends
Town Center Special Services District
Background
• Established in May 2002
• to support the operation and maintenance of parking garages, enhanced
maintenance and cleaning of public streets and sidewalks, more frequent garbage
removal, enhanced lighting, additional beautification and landscaping for public
spaces, as well as extra security in Town Center.
• The current real estate surcharge is 45C per $100 of assessed value.
• Expenditures are outpacing revenue growth.
• For example, Real Estate revenue growth 1.9% on average
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Baseline Forecast
FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
Revenue
$3,080,426 $3,125,468 $3,171,366 $3,218,135 $3,265,794 $3,314,358
Expenditure $3,861,696 $3,886,168 $3,985,533 $4,087,880 $4,193,297 $4,301,877
Surplus/Deficit ($781,270) ($760,700) ($814,168) ($869,745) ($927,503) ($987,519)
Cumulative
Fund Balance $1,181,584 $420,884 ($393,284) ($1,263,029) ($2,190,532) ($3,178,051)
*The Adopted FY 2023-24 Operating Budget includes a balanced Town Center SSD Fund. Balancing the fund is the use of$781,270
in fund balance which is reflected as a deficit in the table as it occurs as a draw down on the cumulative fund balance.
Tax Rate Analysis
• FY 2023-24 Budget Reconciliation provided direction to City Staff to
review the Real Estate surcharge, service provided, and examine a
potential split of the commercial and residential real estate rate
• There are three areas that require City Council action or direction to
establish/implement different tax rates for residential and commercial
properties
1. Establish a sustainable fund
2. Establish new SSD boundaries
3. Establish cost/benefit proportionality between residential and
commercial properties
Tax Rate Analysis Continued . . . . .
1. Establish a sustainable fund
• A rate adjustment up of 15.61C is necessary to balance the fund in
a sustainable manner to a total rate of 60.61C
FY 2024 FY 2025 FY 2026 FY 2027 FY 20
Real Estate 2,370,626 3,253,625 3,315,444 3,378,437 3,44 2,627 3,508,037
Revenue
Other Revenue 709,800 709,800 709,800 709,800 709,800 709,800
Expenses 3,861,696 3,886,168 3,985,533 4,087,880 4,193,297 4,301,877
Surplus/Deficit ($781,270) $77,257 $39,710 $357 (540,870) ($84,040)
Fund Balance $1,181,584 $1,258,841 $1,298,551 $1,298,908 $1,258,038 $1,173,999
Tax Rate Analysis Continued . . . . .
2. Establish New SSD Boundaries
• The City would need to establish separate Special Service
Districts for the residential properties and commercial
properties with each district have a separate SSD rates.
3. Establish Cost/Benefit Proportionality between Residential and
Commercial Properties
• Any reduction in the residential rate would result in an
increased rate for the commercial taxpayers that would offset
the revenue loss previously paid by residents, to keep the fund
whole.
Tax Rate Analysis Continued . . . . .
Cost Breakdown by Block
• There are 13 block currently in the SSD, with the equivalent of one block
being residential and 12 blocks being commercial.
This would result in a residential rate of 30.42C and a commercial rate of
70.69C.
Real Estate Revenue 2,370,626
Residential Real Estate Rate 30.42C 250,279 255,034 259,880 264,817 269,849
Commercial Real Estate Rate 70.69C 3,003,346 3,060,410 3,118,557 3,177,810 3,238,188
Other Revenue 709,800 709,800 709,800 709,800 709,800 709,800
Expenses 3,861,696 3,886,168 3,985,533 4,087,880 4,193,297 4,301,877
Surplus/Deficit (781,270) 77,257 39,710 357 (40,870) (84,040)
Fund Balance 1,181,584 1,258,841 1,298,551 1,298,908 1,258,038 1,173,999
Tax Rate Analysis Continued . . . . .
Cost Breakdown by Square Footage
• This option would split the rate based on the percentage of square footage
associated with residential and commercial properties.
• This would result in a residential rate of 27.92C and a commercial rate of
71.17C.
Real Estate Revenue 2,370,626
Residential Real Estate Rate 27.92C 229,706 234,070 238,518 243,049 247,667
Commercial Real Estate Rate 71.17C 3,023,919 3,081,373 3,139,919 3,199,578 3,260,370
Other Revenue 709,800 709,800 709,800 709,800 709,800 709,800
Expenses 31861,696 3,886,168 3,985,533 4,087,880 4,193,297 4,301,877
Surplus/Deficit (781,270) 77,257 39,710 357 (40,870) (84,040)
Fund Balance 1,181,584 1,258,841 1,298,551 1,298,908 1,258,038 1,173,999
Tourism Investment Program
NO
34
Baseline Assumptions
• Revenue dedications remain unchanged
• Revenue growth assumed to occur based on existing actuals
• Operating Expenditures assumed to growth at rate of inflation with a
few exceptions...example: Hampton Roads Transit
• Debt Service for existing projects programmed in CIP
• 17t" St Improvements, 17t" St Stormwater Facility, Atlantic Ave St Imrpove,
Atlantic Park, Resort Parking District, Sports Tourism Infrastructure,
Convention Center Capital Maintenance, Amphitheater Capital Maintenance,
etc.
• Special Events- remain primarily flat
J
Baseline Forecast
FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
Revenue $53,024,533 $57,434,549 $58,664,460 $59,926,990 $61,500,596 $62,830,425
Expenditure $62,263,717 $55,335,893 $53,211,781 $50,583,927 $61,433,473 $57,855,638
Difference *($9,239,184) $2,098,656 $5,452,679 $9,343,063 $67,123 $4,974,787
Cumulative
Fund Balance $45,160,816 $47,259,472 $52,712,150 $62,055,213 $62,122,335 $67,097,122
*The Adopted FY 2023-24 Operating Budget includes a balanced TIP Fund. Balancing the fund is the use of $9.2 million in fund
balance which is reflected as a deficit in the table as it occurs as a draw down on the cumulative fund balance.
Additional Stress Test
• This projection includes an alternative scenario that stress tests the
capacity of the TIP Fund should the decision be made to appropriate
fund balance to support them
Baseline 62,263,717 55,335,893 53,211,781 50,583,927 61,433,473 57,855,638
Expenditures
Increased Contract 600,000 927,000 954,810 983,454 1,012,957 1,043,345
Rudee Loop 4,000,000 - - - - -
Sports Center 6,000,000 - - - - -
Total Expenditures 72,863,717 56 262 893 54 166 591 51 567 382 62 446 430 58 898 983
, , , , , , , , , ,
Surplus/Deficit (10,600,000) 1,171,656 4,497,868 8,359,609 (945,834) 3,931,442
Cumulative Fund $34,560,816 $35,732,472 $40,230,340 $48,589,949 $47,644,114 $51,575,556
Balance
Virginia Beach City Public Schools
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38
Key Budget Assumptions - Revenue
Revenue Sharing Formula +3.8% +3.3% +3.0% +2.8% +2.8%
State +3.0% +3.0% +3.0% +3.0% +3.0%
Sales Tax +0.5% +0.5% +0.5% +0.5% +0.5%
Federal +$1,000,000 - - - -
Other Local +$75,000 +$75,000 +$75,000 +$75,000 +$75,000
Students and Characteristics
Projected Student Enrollment
While total enrollment for VBCPS 67,000
66,000
declined over the last six years, 65,000
64,000 63,021
62,000 62,150 62,142 62,227 62,29
the proportion of students 5
61,000
requiring additional supports 60,000
continues to increase 59,000 N N 00 N
ZT � 00
N N N N N
O O O O O
N N N ni fV
Economically Disadvantaged Students English Language Learners Students with Disabilities
47% 45.94% 45.79% 4% 3.66% 14%
46% 0 3.30% 14% 13.43%
3%
45% 2.89/o
44% 43.60% 2.33% 2.28% 13% 12.91%
12.57%
43% 2% 1.84g° 13% 12.28%
42% 41.44% 41.23% 41.13% 12.14%
41% 111
12% 11.82%
39% 1% 12%
38% 0% 11% •
Q1 O ri N M 0) O .-4 f V M tt C1 O .--1 N M �
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O O O O O O O O O O O O O O O O O O
N N N N N N N N N N N N N N N N N N
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Key Budget Assumptions - Expenditures
Salary Increase * +4.5% +3.0% +3.0% +3.0% +3.0%
(3.0'1 COLA and 1.5%step)
Employer Health Insurance +3.0% +3.0% +3.0% +3.0% +3.0%
Employer VRS +1.0% - +1.0% - +1.0%
Inflation +3.0% +3.0% +3.0% +3.0% +3.0%
PAYGO Funding +$1,000,000 +$1,000,000 +$1,000,000 +$1,000,000 +$1,000,000
*These increases are not a guarantee but a ploceholder for future consideration by the School Board as part of the annual budget process.
VBCPS Baseline Forecast
Mz _.
Revenue $110141138,372 $1,043,100,378 $1,071,560,732 $1,099,411,006 $1,128,120,838
Expenditures $1,028,934,336 $1,057,638,870 $1,093,690,174 $1,124,307,882 $1,162,633,234
VBCPS Baseline Forecast
1,200,000,000
1,150,000,000 (5,000,000)
(10,000,000)
1,100,000,000 ($14,795,964) ($14,538,492)
(15,000,000)
1,050,000,000 ( 22,129,442)
- (20,000,000)
($24,896,876)
1,000,000,000 (25,000,000)
(30,000,000)
950,000,000
(35,000,000)
900,000,000 — - (40,000,000)
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Forecast Forecast Forecast Forecast Forecast
Revenue Expenditures Baseline Forecast
What Could Change ?
• State biennium budget
• Staffing levels
• Future healthcare rates
• Student enrollment
• New programs
• State and Federal Mandates
• New School Board priorities
• PPEA
Potential Impact of PPEA on Debt Service
• VBCPS is presently in collaboration with Davenport & Company in an
ongoing effort to assess the debt service linked to the PPEA and
identify potential financial opportunities and risks
• Davenport's evaluation of the debt service will not be available until
after the presentation of the Five-Year Forecast
• VBCPS has partnered with the City's budget staff to construct a
preliminary debt service scenario
• This scenario is subject to alterations
Potential Impact of PPEA on Debt Service
• The figures below are based on $518.6 million being debt financed,
with three separate bond issuances lined up with the construction
start dates of each project
• Assumes a 4.5% interest rate and that the division does not take on
significant additional debt or provide more cash toward the projects
Baseline Revenue $1,014,138,372 $1,043,100,378 $1,071,560,732 $1,099,411,006 $1,128,120,838
Baseline $1,028,934,336 $1,057,638,870 $1,093,690,174 $1,124,307,882 $1,162,633,234
Expenditure
PPEA Debt - $14,016,631 $20,223,723 $15,803,033 $12,623,320
Total Expenditure $1,028,934,336 $1,071,655,501 $1,113,913,897 $1,140,110,915 $1,175,256,554
Scenario Baseline ($14,795,964) ($28,555,123) ($42,353,165) ($40,699,909) ($47,135,716)
City and School Combined Forecast
Baseline $2,399,070,623
Revenue $ 2,473,308,420 $ 2,544,669,407 $ 2,613,456,539 $ 2,679,270,547 $ 2,747,115,745
Baseline $2,399,070,623
Expenditure $ 2,511,456,157 $ 2,586,114,527 $ 2,671,073,854 $ 2,743,286,284 $ 2,831,610,248
Combined $-
Deficit $ (38,147,737) $ (41,445,120) $ (57,617,315) $ (64,015,737) $ (84,494,503)
City $-
$ (23,351,773) $ (26,906,628) $ (35,487,873) $ (39,118,861) $ (49,982,107)
VBCPS $-
$ (14,795,964) $ (14,538,492) $ (22,129,442) $ (24,896,876) $ (34,512,396)
47
Tax Policy Modification Scenarios
vs
BPOL Reduction Scenarios
• Commissioner of Revenue Office recommends increasing the gross threshold receipts from
$200,000 to $250,000
• Increasing the threshold would result in a potential revenue reduction of $453,425
• Direction will be needed prior to January 2024 if this reduction is to occur
Baseline $2,399,070,623 $2,472,643,019 $2,543,997,351 $2,612,777,763 $2,678,584,983 $2,746,423,326
Revenue
Baseline $2,399,070,623 $2,511,244,181 $2,585,900,431 $2,670,857,617 $2,743,067,885 $2,831,389,665
Expenditure
Combined $- $(38,601,162) $(41,903,079) $(S8,079,8S4) $(64,482,901) $(84,966,339)
Deficit
City $- $(23,593,222) $(27,150,491) $(35,734,175) $(39,367,626) $(50,233,360)
VBCPS $- $(15,007,940) $(14,752,588) $(22,345,679) $(25,115,275) $(34,732,979)
49
Real Estate Rate Reduction Scenario # 1
• 1� Rate Reduction
• Base Rate would be 98� per $100 of assessed value
• Reduction of revenue would be shared between City ($4.2 million) and VBCPS ($3.6 million)
Tax Scenario- Real Estate
53,000,000,000
52,800,000,000
52,600,000,000
S2,400,000,000
S2,200,000,000
S2,000,000.000
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2029-29
Revenue $2,399,070,623 $2,461.799,450 S2,532,746,114 52,601,163,624 $2,666,658,016 S2,734,175,288
Expenditure 52,399,070,623 52,507,789,756 S2,582,316,136 $2,667,157,712 S2,739,268,323 S2,827,487,820
Combined Deficit S- S(45,990,306) $(49,570,022) 5(65,994,088) 5(72,610,307) S(93,312,531)
City 5 5(27,527,941) 5(31,233,138) S(39,948,505) 5(43,695,469) 5(54,677,707)
VBCPS 5- 5(18,462,365) 5(18,336,883) $(26,045,584) S(28,914,837) 5(38,634,824)
50
Real Estate Rate Reduction Scenario #2
• 3� Rate Reduction
• Base Rate would be 96� per $100 of assessed value
• Reduction of revenue would be shared between City ($12.5 million) and VBCPS ($11 million)
Tax Scenario- Real Estate
S3,000,000,000
S2,800.000,000
52,600,000.000
$2,400,000,000
S2,200,000,000
S2,000,000,000
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Revenue $2,399,070,623 S2.438,781,510 52,508,899,528 52,576,577,794 52,641,432,954 52.708,294,375
Expenditure $2,399,070,623 $2,500,456,954 $2,574,719,353 $2,659,325,429 $2,731,232,400 $2,819,242,963
Combined Deficit $- S(61,675,444) $(65,819,825) 5(82,747,635) $(89,799,446) $(110,948,588)
City $ S(35,880,277) 5(39,886,158) S(48,869,769) $(52,848,686) S(64,068,907)
VBCPS $- S(25,795,167) $(25,933,666) S(33,877,867) $(36,950,760) S(46,879,681)
51
Real Estate Rate Reduction Scenarios
• 7� Rate Reduction (close to revenue neutrality)
• Base Rate would be 92� per $100 of assessed value
• Reduction of revenue would be shared between City ($29.2 million) and VBCPS ($25.6 million)
Tax scenario- Real Estate
S3,000,000,000
52,800,000,000
$2,600,000,000
S2,400000,000
52,200,000,000
S2,000,000,000
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2029-29
Revenue 52,399,070,623 52,392,745,630 $2,461,206,356 $2,527,406,134 $2,590,982,831 $2,656,532,548
Expenditure $2,399,070,623 $2,485,791,350 52,559,525,787 52,643,660,863 $2,715,160,555 S2,802,753,250
Combined Deficit S- S(93,045,720) $(98,319,431) 5(116,2S4,729) $(124,177,724) $(146,220,702)
City 5- $(52,584,949) 5(57,192,198) 5(66,712,2%) 5(71,155,119) 5(82,851,308)
VBCPS 5 S(40,460,771) $(41,127,232) 5(49,542,433) S(53,022,605) S(63,369,394)
52
City Council Budget Process Direction and
Discussion
Reconciliation Requests and Direction . . . .
• Town Center Special Service District
• Desire to put fund on sustainable course or defer to FY 26 process to
determine path forward.
• If desired as part of FY 25 budget process, should consideration be given to
establish separate SSD rates (residential and commercial)?
• BPOL Tax Reduction
• Desire to continue working toward threshold modification in the current year
or imbed as a part of the FY 25 budget process?
FY 2024-25 Budget Impacts still to be determined . . . .
• School PPEA
• Better determine the financial impacts of the PPEA agreement and decide on
approval
• Real Estate
• To maintain current services and invest in priorities, acceptance of organic
real estate growth will be necessary.
• Waste Management Fund
• Decide the future delivery method of recycling services within the City as well
as establish a sustainable bill payer to support those services.
• Continue the exploration and assessment of waste management capital and
facility needs and best method to fund.
Budget Presentations
• Historically, each Department has had the opportunity to present to
City Council about their budget from end of March through April.
• Would the preference of Council be to... .....
• Maintain the Department-by-Department presentations?
or
• Have presentations about the Key Issues, Programs and/or Services receiving
significant modification resulting from the Proposed Budget?
Questions and Discussion
3
Og3
cr •
U
k
s n—t NA off`'
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
NOVEMBER 21,2023
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday, November 21, 2023, at 2:30 P.M.
Council Members Present:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
November 21, 2023
4
CITY MANAGER'S BRIEFING
PPEA INTERIM AGREEMENT UPDATE
ITEM#749 79
2:32 P.M.
Mayor Dyer welcomed Melisa Ingram, Execute Director— VBCPS Facilities. Ms. Ingram expressed her
appreciation to City Council for their continued support:
var�rsus arwcss
Public-Private Education Facilities and
Infrastructure Act
PPEA lnlwkn Aq"M"t
30%Doslon Dfv*loP"k*M
By:The Department of School Divislon Services
Office of Facilities Services
City Council Update-Informal Session
Tuesday,November 21,2023
The next couple of slides highlight the actions taken to reach 30%of the PPEA Design Development:
30%Dieftn Dvwlo�
Our Joumey to 3W..
FOCUS ON THE EDUCATIONAL PROGRAM
• Gather information and insights into programs
• Align with Compass to 2025,VDOE,&other guidelines
• Review&compare with existing facilities
• Understand special programs
• Explore future needs(CTE,etc.)
• Design&explore space-saving strategies
November 21, 2023
5
CITY MANAGER'S BRIEFING
PPEA INTERIM A GREEMENT UPDATE
ITEM#74979
(Continued)
30%Design Development
Our Jou mey to 30%.-
,
Initial Stakeholder Input
Educational Specification Meetings
1S%Schematics/Conceptual Design Meetings
R School leadership Meeting
30%Design Development Meefings
30%Design Development
r ►ewWng Gonnmurftn•Access to a va"ty of cowsewwk
• Accommodate rigorous courses of study
Create spaces for academic exploration
Support strong critical thinking skills
• Create opportunities to work collaboratively in groups
Support investigation into real world problems through an inquiry-based and
hands-on approach that is solution driven
• Provide opportunities to work with community members,professionals,and peers
j W t 1 c 5 G ti 6 c
November 21, 2023
6
CITY MANAGER'S BRIEFING
PPEA INTERIM AGREEMENT UPDATE
ITEM#749 79
(Continued)
The following slides provide areas considered during the efficiencies and design process:
30%Design Development
dlictancies & Design Considerations
A0 Sl.d•rn I Sw So�s
y Ca�tcea -
IP
A0
3 7w�er aSygSyp -
xgrg..r
Aa
Learning Communities
• Designed--ty and flexibility of space sizes,futur.ready I
• Retluced number of learning communAies s
• Retluced number of classrooms
share spaces �•
• attention to enrollment numbers
Teacher 8 Staff Supports/Teacher Planning
• Designed wBh abilky to increase sharing of dassmoms
Increased room utilization thmugh scheduling to 9dM
Special Needs/Career Technical Education
• Designed whh indou ionary approach;access Intl peer collaboration Increased
Instructional Activities:
3007.Design Development
Efficiencies& Design Considerations
B Mt v'm ..
B02110-
8.03%1..q Als TMv
ea ItUx Aft ICTE Gus,
906 PE IAlkta
8.07 PaNuwlCTE _ r -.-
Career Pathways/CTE/Academies
• Embedded in 1—ing commo.W. - - -
• P—Ided spec.for.apl—I.,teaminglore.,wthways
Visual Arts
• Shar.d dassmoms;flee RE arts labs
Music/Performing Arts
• Shand dassmoms;flea M spaces for music&drama labs
Y Tysical Education
•Re ced 3 court gym to]wort gym;combined sN000 consid.r scheduling
November 21, 2023
CITY MANAGER'S BRIEFING
PPEA INTERIM AGREEMENT UPDATE
ITEM#749 79
(Continued)
Campus Commons:
30%Design Development
Efficiencies i Design Considerations
L
COMM
earl WN
4tl fa•/Mvrlt.wn
-
Schola _
• Sm.IMr mllabontNe gxhering sp.oes
D Media Center
• Collaborative spacesth,o4hoot building;smaller media center
• Centralized with support flea spaces
Food Services/Dining Commons
• Co-looted in draalation areas rt igh schaob
• Designed opportunities for irtelli[e serving at high schook
Designed in 41",V,6" rade pmgram with abilhy to combine space&create large gathenng space
Of ces&Supports:
30%Design Development
Efficiencies i Design Considerations
"DM g•lixl gnaw.�a
D.
DA Cw•r.sf�pgrggx
DNfsr•rY�lObt * A.
Otl G..�xY EMIMfg elrY
➢ School Administration
•Shand adminm—i-spaces
•Co-located adm ot,tim spaces ako in learn rag communities
•Inviting&safe space for..dents
Counseling
•support fo..N rats decentralized in teaming communmes
D School Clinic
•Safxy with vkual.¢ess
•Co-located mule,d,cation&special ed notion needs
Community Engagement Center
Bddge gap between community and.chool wfth support for..d•nts and parents centrally looted
• Abllity to be used for other uses such as collaboration or conference space
November 21, 2023
8
CITY MANAGER'S BRIEFING
PPEA INTERIM AGREEMENT UPDATE
ITEM#74979
(Continued)
Building/Facility:
30%Design Development
Mciencies i Design Considem*ms
E Ot Bugrg 6emua iliwom
E.021W(Gina ben T8p',
Custodial/Building Services
• Receiving,storage,and maintenance areas
• Contrpl systems foravariety of intrartrutture _4 t
(MEP)Mechanical/Electrical/Plumbing
• Assets inside br weatherization and maintenance needs
• life-cycle cost
VBCPS Programs/Enhancements:
30%Design Development
Efficiencies& Design Considetalions
F 0,WG'S SpEd Center(@ FAKSI
F Q WROTc
F 03 Frel&g ISlid—Sw ft
Division-wide Special Education Center(PAHS)
• Provided ADA accessiblldy and code re i—e—
• Ensured proximity to other school functional areas
• Sha reddinic,kdchen,and&hersupp n,
1 NJ OTC
Serves pnn<e,,Anne HS&Bayside HS,while operating out of Rri.....Anne HS
Field House
• Reduced field house size results in Increases shared use
• Maintained home&visRor sides,conttssions,&restrooms with ad,q,,t.access to all fieldzin.ce,tr,l location
November 21, 2023
9
CITY MANA GER'S BRIEFING
PPEA INTERIM AGREEMENT UPDATE
ITEM#749 79
(Continued)
The next three (3)slides provide the Princess Anne High School conceptual designs:
30%Design Development:Princess Anne HS
.o
30%Design Development:Princess Anne HS
-
i
November 21, 2023
10
CITY AIANA GER'S BRIEFING
PPEA INTERIM AGREEMENT UPDATE
ITEM#749 79
(Continued)
30%Design Devokq*nw*.Princess Anne HS
I-
f
"ISTF-PIAN
The next three(3)slides provide the Williams Elementary School/Bayside Grade conceptual designs:
30%Design Development:Williams ES Bayside 6 1h
----------------------- ........... ....
November 21, 2023
11
CITY MANAGER'S BRIEFING
PPEA INTERIM AGREEMENT UPDATE
ITEM#74979
(Continued)
30%Design Development:Williams ES/Bayside61h
,
30%Design Development:Williams ES/Bayside 6`"
November 21, 2023
12
CITY MANAGER'S BRIEFING
PPEA INTERIM AGREEMENT UPDATE
ITEM#749 79
(Continued)
The next three(3)slides provide the Bayside High School conceptual designs:
30%Design Development:Bayside HS
!�rrkp
1
30%Design Development:Bayside HS
J
� i
November 21, 2023
13
CITY MANAGER'S BRIEFING
PPEA INTERIM AGREEMENT UPDATE
ITEM#749 79
(Continued)
301/.Design Development:Bayside[IS
,�tf��•
i IIH IRI
�,•or oo••,.• ro—Froox•u•
Educational Programming&Space Needs
❑21"CeMW learning Spoees
• Critical Thinking Skills
• Future Workforce Development
• Flexible and Adaptable
❑Cagy!sovkw
Earlier Completion yW
• Contractor and A&E Team
• Guaranteed Maximum Price(GMP)
❑F Ololype Hlh SOM61 Mee I�
• Bayside High School plan can be used for
First Colonial,Kempsville and Green Run High Schools
O FIr1011C101
• GMPvs Low-Bid
• Collaboration with Budgeting
November 21, 2023
14
CITY MANA GER'S BRIEFING
PPEA INTERIM AGREEMENT UPDATE
ITEM#749 79
(Continued)
Educaftrwg hag mming & Space Needs
[SPACENU DRAFT
was s
Ida
R NFT
ri�Mr 'ei me
=r T.sOROM AREA TOTAL(A-F)F---A-
Muccoonal hwamn*ko&Space N***
SMISWO SUMMARY
-q- FT
--W-4-
--&4-- �W-4- A--
DRA
November 21, 2023
IS
CITY MANAGER'S BRIEFING
PPEA INTERIM A GREEMENT UPDATE
ITEM#74979
(Continued)
Here are the Public Input Meeting Milestones:
Public in_pui ir"n9 MNeslones:
Next Steps:
Guaranteed Maximum Price (GMP)
Proposed Square Feet
Brief.January 9, 2024
Questions to the Chair of the Board
by Dec. 1, 2023
November 21, 2023
16
CITY MANA GER'S BRIEFING
PPEA INTERIM AGREEMENT UPDATE
ITEM#74979
(Continued)
Questions ?
Mayor Dyer expressed his appreciation to Ms.Ingram for the presentation.
November 21, 2023
17
CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS
ITEM#74980
3:18 P.M.
Council Member Rouse advised the Active Transportation Advisory Committee (ATAC) hosted the Biking
on the Boardwalk event last week with a great turn out of over three(3) thousand people attending.
November 21, 2023
18
CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS
ITEM#74981
(Continued)
Council Member Rouse advised the "Turkey Bowl" with public safety playing against public educators
went well and supported the students backpack fundraiser. Council Member Rouse advised it was nice to
see so many come out to support it as well as many of the Council Members with Council Member Berlucchi
doing the coin toss and Council Member Taylor and Senator Rouse refereeing the game.
November 21, 2023
19
CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS
ITEM#74982
(Continued)
Council Member Berlucchi advised VB BMX is a local BMX organization and has been working with the
Parks and Recreation Department and other City staff to identify a site to build trails so they can continue
to ride. Council Member Berlucchi expressed his appreciation to Mayor Dyer and Vice Mayor Wilson for
their support which has led to a site being identified and an agreement being worked on now. Council
Member Berlucchi further expressed his appreciation to Mr. George Alcaraz for his assistance with
fundraising efforts
November 21, 2023
20
CITY COUNCIL DISCUSSIONANITL4TIVES/COMMENTS
ITEM#74983
(Continued)
Council Member Ross-Hammond provided the following comments:
- District 4 has continued to see growth with the Lego Store, Old Dominion's new School of Data
Science center and most recently, Chicho's Restaurant.
- The newly established hospice house is also doing well and is featured on the front page of
today's newspaper.
November 21, 2023
21
CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS
ITEM#74984
(Continued)
Mayor Dyer advised he and City Manager Duhaney met with the principles of Avangrid and shared the
concerns the Body discussed last week, and they are in the process of addressing the concerns.
City Manager Duhaney advised the meeting went as expected with the Avangrid representatives
disappointed but committed to reviewing the proposed project to see what changes can be made. City
Manager Duhaney advised they are aware that if the issues are not addressed there will not be a lot of
support for it.
Vice Mayor Wilson advised Sandbridge is a fragile part of the City with water on both sides and believes
that community does not need to have another huge project disrupting their lifestyle.
Council Member Henley advised she has been working with the community for the past three(3)years and
there are so many unanswered questions regarding the environmental and operational concerns. Council
Member Henley advised the concerns also involved the installation impacts going from Sandbridge to
Fentress and along those roadways. Council Member Henley acknowledged the advantages of the project
but feels it is not the right time.
Council Member Schulman expressed his belief that not goingforward with the project is the right outcome
despite his support for the company and hopes the City will support a future offshore wind project. Council
Member Schulman advised the City is in a unique geographical position with a tremendous opportunity for
alternative energy that links the City with its regional partners.
November 21, 2023
22
CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS
ITEM#74985
(Continued)
Mayor Dyer advised he recently had a very positive meeting with Mr. McCollum and other leaders from
the NAACP with the discussion focused on opportunities to build more community bridges. Mayor Dyer
advised one of their requests was for a $500.00 donation to support the community movie, "The Color
Purple"scheduled for December Vh, at the Pembroke Mall's theater. Mayor Dyer advised the NAACP is
sponsoring the event and would use the donation for advertising and asked the Body to let him know if they
had any objections.
November 21, 2023
23
AGENDA REVIEW SESSION
ITEM#74986
4:30 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
L ORDINANCESIRESOL UTIONS
1. Ordinance to AUTHORIZE the vacation of a twenty foot(20)public access easement along the
eastern boundary of 2454 Starfish Road subject to the dedication of an improved public access
easement approximately one-hundred forty feet (140) eastward of 2454 Starfish Road, at the
request of Westminster-Canterbury on the Chesapeake Bay
2. Ordinance to AUTHORIZE the City Manager to EXECUTE a License Agreement with Starbucks
Corporation for the use of fifty(50)square feet of City-owned property re outdoor seating area at
31 Ocean,241 Laskin Road
3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned land for up
to five(5)years at 1401 Southern Boulevard re Earth in Motion LLC
4. Ordinance to ACCEPT and APPROPRIATE$18,953,059 to the FY2023-24 Capital Improvement
Program (CIP) and$1,142,237 to the FY2023-24 Parks and Recreation Operating Budget from
the sale of easements re an Electronic Transmission Corridor for the Coastal Offshore Wind
Project to Dominion Energy Virginia
5. Ordinance to APPROPRL4TE$26,140,809from the FY2022-23 School Reversion Funds to the
Virginia Beach Public Schools FY2023-24 Operating Budget and Capital Improvement Program
(CIP) (Requested by the School Board)
6. Ordinance to APPROPRIATE$23,445,223 from the Commonwealth of Virginia to the Virginia
Beach Public Schools FY2023-24 Operating Budget re additional 2%compensation increase for
all full-time equivalent employees and an "ALL In" approach focusing on high intensity
tutoring, the Virginia Literacy Act,and chronic absenteeism (Requested by the School Board)
7. Ordinance to APPROPRIATE Fund Balance of the Tourism Investment Program (TIP)fund and
to AUTHORIZE the City Manager to EXECUTE the settlement, transition, and termination
agreement for the Virginia Beach Sports Center
8. Ordinance to ADD City Code Section 38-9 re prohibit weapons at the Housing Resource Center
9. Ordinance to AMEND City Code Section 21-502 re penalty for violation of weight limits for
certain vehicles
November 21, 2023
24
AGENDA REVIEW SESSION
ITEM#74986
(Continued)
10. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property
known as Lake Bradford, also known as 2213 Pleasure House Road re maintain an existing shed
and porch, and to construct and maintain a wood dock, a wood pier, an EZ dock and kayak
launch, and timber piles and a 20'and a 5'City-owned public drainage easement, located at the
rear of 14 Bradford Point—District 9
11. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as
Croatan Beach re construct and maintain a beach access walkway and observation deck at the
rear of 500 South Atlantic Avenue—District 5
12. Ordinance to ACCEPT and APPROPRIATE$1,122,737.36 and an additional $22,227.37 from
the Federal Emergency Management Agency (FEMA) to the FY2023-24 Fire Department
Operating Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2) re
Tropical Cyclone Idalia in Florida
13. Ordinance to ACCEPT and APPROPRIATE$158,477 from the Federal Emergency Management
Agency (FEMA) to the FY2023-24 Fire Department Operating Budget re costs associated with
equipment needed for the Virginia Task Force 2 Team (VA-TF2)
14. Ordinance to ACCEPT and APPROPRIATE$119,519.48 and an additional$3,390.39 from the
Federal Emergency Management Agency (FEMA) to the FY2023-24 Fire Department Operating
Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2) re Tropical
Cyclone Lee in New Hampshire
15. Ordinance to ACCEPT and APPROPRIATE$9,686 from the Commonwealth of Virginia to the
FY2023-24 Voter Registration and Elections Operating Budget re fund salary adjustments
approved by the General Assembly
16. Ordinance to TRANSFER $573,734 from the Tourism Investment Program (TIP)fund to the
FY2023-24 Emergency Medical Services Operating Budget re contract for beach lifeguard
services
L ORDINANCESIRESOL UTIONS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER TAYLOR WILL ABSTAIN ON ITEM#3
COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEM#4
VICE MAYOR WILSON WILL ABSTAIN ON ITEM#4
COUNCIL MEMBER WOOTEN WILL VOTE VERBAL NAYONITEM#7
ITEM#8 WILL BE CONSIDERED SEPARATELY
November 21, 2023
25
AGENDA REVIEW SESSION
ITEM#74986
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. WYCLIFFE PRESBYTERIAN CHURCHfor a Modification of Conditions to a Conditional Use
Permit re religious use at 1445 North Great Neck Road, 2307 Millwood Road and parcel between
2307 and 2309 Millwood Road DISTRICT 8(Deferred from October 17, 2 02 3)
J. PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
November 21, 2023
26
ITEM#7498 7
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 9
• District 8
• District 8
• District 2
• District 2
• Greenville Co., VA
• District I
• District 3
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope of
such contract, where discussion in an open session would adversely affect
the bargainingposition or negotiating strategy of the public body pursuant
to Section 2.2-3711(A)(29)
• Spring/Summer Festival
• Spring/Summer Festival
• Canopy Project
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 2.2-3 711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees,Authorities, Agencies and Appointees
November 21, 2023
27
ITEM#7498 7
(Continued)
Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council
voted to proceed into CLOSED SESSION at 4:03 P.M.
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
Break 4:03 P.M. — 4.11 P.M.
Closed Session 4:11 P.M. — 5:53 P.M.
November 21, 2023
28
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
NOVEMBER 21,2023
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, November 21, 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, 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 ALLEG]ANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
CITY COUNCIL DISCLOSURES.-
Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna
Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`"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
orpotential 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.
November 21, 2023
29
Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC,
("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers
and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters
in which he is not personally involved and has no personal knowledge. In that regard, he is always
concerned about the appearance of impropriety that might arise if he participates in a matter before the
City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that
interest. In order to ensure compliance with both the letter and the spirit of the State andLocal Government
Conflict of Interests Act (the `Act'), it is Council Member Remick's practice to thoroughly review the
agenda for each meeting of the City Council to identify any matters in which he might have an actual or
potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he
has a "personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will
file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council.
November 21, 2023
30
VI.F
CERTIFICATION
ITEM#74988
Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council
CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
*Vice Mayor Wilson stepped out during the discussion of Publicly Held Property District 9,District 8,
and District 2 (4:24—4:28 P.M.) due to a conflict of interest.
*Council Member Schulman stepped out during the discussion of Publicly Held Property District 3
(4:11—4:24 P.M.) due to a conflict of interest.
*Council Member Remick stepped out during the discussion of Public Contract Canopy Project(4:45—
5:14 P.M.) due to a conflict of interest:
November 21, 2023
.B�a
U
o _
ai
5
OR OUR N1110�
RESOL UTION
CERTIFICATION OF CLOSED SESSION
VIRGINM BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the
affirmative vote recorded in ITEM#74987 on Page 27 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.
na /I"
Adnda B rnes MMC
City Clerk
November 21, 2023
31
ITEM— VI.G.1
MAYOR'S PRESENTATION
ITEM#74989
PROCLAMATION
NATIVE AMERICAN HERITAGE MONTH
On behalf of Mayor Dyer, Council Member Rouse welcomed Chief Emeritus Lee Lockamy—Nansemond
Indian Nation, and read the Proclamation declaring the month of November as, "NATIVE AMERICAN
HERITAGE MONTH"
Chief Lockamy expressed his appreciation to City Council for this recognition and their continued
support.
November 21, 2023
V+BB
o�
oO ourt Milnosl'+
Proclamation
VA"Mac The indigenous peoples of Virginia have providedstewardship of her Cams andwatenvaysfor many millennia,•and
'*%rear• Sixteenth century English maps documented the villages of Cheseptooc andApasus in the area that is now Virginia Beach,'and
Ulert" The Chesapeakr Indian rIh6e mstdedin village settlements in present-day Virginia Beach when those maps were drawn;and
"err". `lam Chesapeake abandoned or were removedfrom this area around the time of the early seventeenth century amvalof permanent Englh
cofonirts in the region;and
Uftemas• 9dembersof the Nansemondlndwn Nation were duplacedby the Engfishfmmtheirancestmf6mdsamundtheNansemond9ejverwithsome
settling in areasformerly occuptedby the Chesapeak;-and
Wier= Some members of the Nanemondlndtan Nation trace theirancestry to the 1638 marriage ofEGzabeth,daughter ofa Nansemondchwf,to
John Bass,an English minter,and
U*err s. There is documentation that a NanemondInd an reservation e7iaedin the seventeenth century in southern areas ofwhat is today Virginia
Beach;and
V,Nerear 'Ihegovernment of the'United States ofAmenca ofgcw y recognizedthe Nanemondlndtan Nation in January 2018;and
Ulerws.• :Members of the Nansemondlndtan Nation continue to be vital members of the community in Virginia Beach today;and
ufwrmr Chief Emeritus Lee Lockgmy of the Nanemond Indian Nation is a resident of the City of Virginia Beach-and
ufwrear• November was fist decraredas NatweAmencan 9entage 9Konth in the LJ dtedStates ofAmenca in 1990,1 and
44lur ax The Commonveafth of Virginia has commemorated November as Native American Heritage Month since 1996;and
"fierwr NaeiveAmencan Iferitage Month is an opportunity to recognize andcelebrate theAmencan Indians who caT'Virginta Beach home,whose
abilities andcontn6utions strengthen our economy,enrich Vtrginia Beach's diverse culture,andinvtgorate the City's communutes.
Now,?6ertfore I,9?p6ert M.'Bobby"(Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim
November 2023
XativeAmerican Iferitage .Month
In Bead(,I call upon the Citizens,government agencies,public and private institution,businesses,and schools in Virginia Beach to recognize the
contributions of NativeAmerican to the history anddevelopment of the city,state,andnatton and to commemorate this month with appropriate activities.
In Uiar s Ufwreof,I have hereunto set my handand caused the OfficiarSearof the City of iJignua Beach,Virginia,to be afftred this Twenty(First(Day of
November,Two 71iousandandTwenty-Three.
Wp6erf 9,f.`Bo66y-ED,er
Wayor
32
ITEM— VI.J.1
FORMAL SESSION AGENDA
ITEM#74990
Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the
City Clerk will call the speaker and they will be given a total of six(6)minutes to speak on all items.
The City Clerk called the following registered speakers:
Heather Gotliboski, 1909 Bitter Root Court, Phone: 203-996-8714, did not respond
Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake,Phone:410-0008,spoke in OPPOSITION to Ordinance
L7.
Upon motion by Vice Mayor Wilson,seconded by Council Member Wooten, City Council APPROVED,BY
CONSENT,Agenda Items Ordinances/Resolutions I:2, 3, 4, S, 6, 7, 9, 10, 11, 12, 13, 14, 1 S and 16
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
L ORDINANCESIRESOL UTIONS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER HENLEY VOTED VERBAL NAY ON ITEM#4
COUNCIL MEMBER WOOTEN VOTED VERBAL NAY ON ITEM#7
ITEM#8 WILL BE CONSIDERED SEPARATELY
J. PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
November 21, 2023
33
ITEM— VI.Ll
ORDINANCESIRESOL UTIONS
ITEM#74991
The following registered to speak.-
Ben Unkle 214 B 8e Street, Phone: 321-9803, spoke in SUPPORT
Casey Kinner, 326 Spice Bush Court, declined to speak
Martha Thereault, 4311 Black Beard Road, Phone:287-2808, spoke in OPPOSITION
Upon motion by Council Member Schulman,seconded by Council Member Ross-Hammond, City Council
ADOPTED, AS AMENDED, Ordinance to AUTHORIZE the vacation of a twenty foot (20) public
access easement along the eastern boundary of 2454 Starfish Road subject to the dedication of an
improved public access easement approximately one-hundred forty feet(140)eastward of 2454 Starfish
Road, at the request of Westminster-Canterbury on the Chesapeake Bay
Voting: 9- 1
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, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
Chris Taylor
Council Members Absent:
None
November 21, 2023
1 ALTERNATE VERSION
2
3 AN ORDINANCE TO AUTHORIZE THE VACATION
4 OF A 20' PUBLIC ACCESS EASEMENT LOCATED
5 ALONG THE EASTERN BOUNDARY OF 2454
6 STARFISH ROAD SUBJECT TO THE DEDICATION
7 OF AN IMPROVED PUBLIC ACCESS EASEMENT
8 APPROXIMATELY 140' EASTWARD OF 2454
9 STARFISH ROAD, AT THE REQUEST OF
10 WESTMINSTER-CANTERBURY ON CHESAPEAKE
11 BAY
12
13 WHEREAS, on August 19, 1974, the City Council adopted an ordinance for the
14 closure of Avenue A and the northern 40' of Ocean Avenue as shown on M.B. 5, P. 71;
15
16 WHEREAS, a condition of the closure was the dedication of public access
17 easements to the sandy beach along the Chesapeake Bay to the City;
18
19 WHEREAS, on April 18, 1975, a public access easement located north of the
20 northern terminus of Starfish Road (the "Easement"), was dedicated to the City as part
21 of the conditions of the street closure;
22
23 WHEREAS, the Easement was relocated approximately 180 feet westward in
24 1975, returned to its approximate initial location in 1982 (M.B. 162, P. 26), and is 20 feet
25 wide running along the eastern boundary of 2454 Starfish Road (GPIN: 1590-00-9705),
26 where it exists today, as shown on Exhibit A attached hereto and made a part of this
27 Ordinance;
28
29 WHEREAS, Westminster-Canterbury on Chesapeake Bay ("WCCB") is the
30 owner of 2454 Starfish Road (GPIN: 1590-00-9705);
31
32 WHEREAS, WCCB is seeking to expand its campus eastward and construct a
33 new independent living tower to be partially located on its property at 2454 Starfish
34 Road;
35
36 WHEREAS, WCCB is requesting that the Easement be vacated in exchange for
37 the relocation of the Easement to approximately 140 feet eastward of 2454 Starfish
38 Road, along the easternmost boundary of WCCB's property known as GPIN: 1590-10-
3 9 0956 (the "New Easement"), within which it will construct a new public beach access
40 with a ramp that will be ADA-compliant; and
41
42 WHEREAS, it is the judgment of the City Council that the Easement be vacated
43 subject to certain conditions having been met.
44
45 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
46 VIRGINIA:
47 1. That the hereinafter described public access easement be vacated subject
48 to certain conditions being met:
49
50 ALL THAT easement situate, lying and being in the
51 City of Virginia Beach, Virginia, designated and
52 described as "20' PUBLIC ACCESS EASEMENT
53 (M.B. 162, PG. 26) (5,784 SQ. FT. OR 0.133 ACRES)
54 PROPOSED TO BE VACATED", and shown as the
55 hatched area on that certain exhibit entitled "EXHIBIT
56 `A" Proposed Vacation of a 20' PUBLIC ACCESS
57 EASEMENT (M.B. 162, PG. 26) Virginia Beach,
58 Virginia", Scale 1" = 60', dated October 26, 2023,
59 prepared by WPL, a copy of which is attached hereto
60 as Exhibit A.
61
62 2. That the vacation of the Easement shall be subject to the following
63 conditions:
64
65 a. The New Easement will be at least 20 feet wide and
66 located along the easternmost boundary of WCCB's
67 parcel of land now known as GPIN: 1590-10-0956;
68
69 b. WCCB will construct the relocated public beach
70 access in the New Easement substantially as shown
71 on the rendering attached hereto as Exhibit B and
72 made a part hereof, subject to such minor
73 modifications approved by the Director of Planning;
74
75 c. WCCB will fund a reserve to be held by the City in the
76 amount of $100,000 to be used for the cost of future
77 storm-related repairs of the beach access within the
78 New Easement.
79
80 d. The Deed of Dedication for the New Easement shall
81 be approved by the City Attorney's Office prior to
82 recordation; and
83
84 e. The Deed of Vacation shall not be delivered or
85 recorded until the relocated public beach access in the
86 New Easement has been constructed, inspected and
87 accepted by the City, and the Reserve has been
88 received by the City.
89
90 3. That the City Manager or his designee is authorized to execute all
91 documents that may be necessary or appropriate in connection with the actions stated
92 above, and including such terms, conditions or modifications as may be acceptable to
93 the City Manager and in a form deemed satisfactory by the City Attorney.
94
95 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 1 s t day
96 Of November , 2023.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS
OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY:
Public Works Real Estate City Attorney
CA16252
\\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d020\p046\00928105.doc
R-1
11/21/23
EXHIBIT A
NOTES
N/F THE MERIDIAN SOURCE OF
CITY OF VIRGINIA BEACH THIS EXHIBIT IS BASED ON
(D.B. 2087, PG. 169) THE VIRGINIA STATE PLANE
�
GPIN: 1590-00-8974 I CONCRETE I COORDINATE SYSTEM,
I (M.B. 145, PG. 29) SEWALL SOUTH ZONE, NAD
N.• ,3,500,857.192 A(.- ,3,500,901.81 , 1983 1993 HARN
E.•12,190,729.64 1 I � E-12, 190,935.96 COORDINATE VALUES SHOWN
I ARE EXPRESSED IN U.S.
N 77'5924' E 210.94' SURVEY FEET.
I 190.9,3' THIS EXHIBIT IS INTENDED
EX. 20' DRAINAGE EASEMENT 20.01' I �J TO SHOW THE PUBLIC
(M.B. 143, PG. 55) I ACCESS EASEMENT
1 I PROPOSED TO BE VACATED
1 I AND IS NOT INTENDED FOR
I A VARIABLE WIDTH INGRESS-EGRESS EASEMENT ANY OTHER PURPOSE THAN
o, (AS SHOWN) FOR PEDESTRIAN USE ONLY TO BE I GENERAL REFERENCE.
GRANTED FROM WESTMINSTER-CANTERBURY TO I I
I I amp LOT AB FOR THE EXCLUSIVE USE BY THE I o, N/F
1 II OWNERS OF LOT AB. (M.B. 162, PG. 26) LOT C
WESTMINSTER-
30' ACCESS CANTERBURY ON
EASEMENT FOR 20' PUBLIC
SAND
ENISHMENT ACCESS EASEMENT N �31 CHESAPEAKE BAY
REPLENISHMENT O
(M.B. 162, PG. 26) (M.B. 162, PG. 26)--� N .B. 11, AGE 4 1V
(5,784 SO. FT. OR K-1 (M.B. 111, PAGE 48)
0.133 ACRES) ,AJ GPIN: 1590-00-9984
PROPOSED TO
N/F BE VACATED
LOT AB
WESTMINSTER WESTMINSTER- p ILTH OF
CANTERBURY OF CANTERBURY ON
HAMPTON ROADS INC CHESAPEAKE BAY I �G�
(D.B. 1714, PG. 172) (I.N. 2023004257) 5' DRAINAGE & I
& UTILITY EASEMENT
GPIN: 1590-00-9705 RIC ARNER -'
(D.B. 1965, PG. 753) (M.B. 162, PG. 26) (M.B. 151, PG. 48) JAC. 2904
GPIN: 1590-00-4510
(M.B. 162, PG. 26) I 1012712023
l 179.91 20.01' I ��� SURy�'
S 78'07'34' W 199.92'
OCEAN SHORE AVENUE o 60 120
VARIABLE WIbTH (60' R/W) (M.B. 109, PG 28)
PUBLIC EASEMENT
DRAINAGE
� '� (FORMERLY OCEAN AVENUE) (M.B. 5 Pa71)
As GRAPHIC SCALE
(M.B. 162, PG. 26) 160' TO STARf1SH RD. SCALE: 1 a=60'
SHEET 1 OF 1
EXHIBIT 'A'
PROPOSED VACATION OF A
20' PUBLIC ACCESS EASEMENT
(M.B. 162, PG. 26)
VIRGINIA BEACH, VIRGINIA
Landscape Architecture
Land Surveying 75isite. om date: 10/26/2023 fb/pg: 1063/46-48, 1064/13 proj. no.: 219-0110
041
Civil Engineering wplsite.com
242 MUSTANG TRAIL, SUITE F
VIRGINIA BEACH, VIRGINIA 2345, file: 219-0110_Plat (IL).dwg plat ref.: L-1348 CAD/chk: EG/eg
GENERAL NOTES
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Rendering showing the new beach access ramp and stairs, with the Fish House building partially demolished to the floor deck.
34
ITEM— VI.L2
ORDINANCES/RESOLUTIONS
ITEM#74992
Upon motion by Vice Mayor Wilson, seconded by Council Member Wooten, City Council ADOPTED,BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a License Agreement with
Starbucks Corporation for the use of fifty(50)square feet of City-owned property re outdoor seating area
at 31 Ocean,241 Laskin Road
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
November 21, 2023
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LICENSE AGREEMENT
3 WITH STARBUCKS CORPORATION FOR THE USE
4 OF APPROXIMATELY FIFTY (50) SQUARE FEET
5 OF CITY-OWNED PROPERTY FOR AN OUTDOOR
6 SEATING AREA AT 31 OCEAN
7
8 WHEREAS, since 2008, Starbucks Corporation ("Starbucks"), has licensed from
9 the City an outdoor seating area of approximately fifty (50) square feet located
10 immediately in front of and under the roof-line of the Starbucks store located at 31
11 Ocean, 241 Laskin Road, Virginia Beach, Virginia (the "Licensed Area");
12
13 WHEREAS, Starbucks proposes to enter into a new license agreement for the
14 Licensed Area from the City for a one-year term with four one-year renewal options;
15
16 WHEREAS, the Licensed Area would continue to be used by Starbucks as a
17 seating area for its customers, and for no other purpose; and
18
19 WHEREAS, the Convention and Visitors Bureau's Resort Management Office
20 recommends that the City enter into a license agreement with Starbucks in accordance
21 with the Summary of Terms, attached hereto.
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH:
25
26 That the City Manager is hereby authorized to execute a license agreement for a
27 one-year term, with four one-year renewal options, between Starbucks Corporation and
28 the City, for the Licensed Area, in accordance with the Summary of Terms attached
29 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or
30 modifications as may be acceptable to the City Manager and in a form deemed
31 satisfactory by the City Attorney.
32
33 Adopted by the City Council of Virginia Beach, Virginia on this 21 s t day of
34 November 2023.
Approved as to Content: Approved as to Legal Sufficiency:
_ `
Con ention and Visitors Bureau City Attorney's Office
Resort Management
CA16062
1lvbgov.c0mldls1lapplicationslcitylawlcycom32twpdocs1d023�pO451oo921581.doc
R-1
October 30, 2023
EXHIBIT A
SUMMARY OF TERMS
LICENSE FOR STARBUCKS CORPORATION TO USE 50 SQUARE FEET OF
CITY-OWNED REAL PROPERTY AT 31 OCEAN
LICENSOR: City of Virginia Beach
LICENSEE: Starbucks Corporation, a Washington corporation
PREMISES: 50 square feet of City-owned property located immediately in
front of and under the roof-line of the Starbucks store located
at 31 Ocean, 241 Laskin Road, Virginia Beach, Virginia 23451
INITIAL TERM: December 1, 2023 through November 30, 2024
RENEWAL: Four optional one-year terms
TERMINATION: City shall have the right to terminate if necessary for a public
purpose by giving sixty (60) days' notice.
RENT: Initial Term: $1,168.56 per year
1 It optional renewal - $1,203.62 per year.
2"d optional renewal - $1,239.73 per year.
3rd optional renewal - $1,279.92 per year.
4th optional renewal - $1,315.23 per year.
RESTRICTIONS ON USE OF LICENSED AREA:
• Any live or recorded music played in the Licensed Area shall conform to
the City's Cafe Guidelines for entertainment or live music.
• Materials placed in Licensed Area must be approved by the City and no
logos other than Starbucks' logo shall be permitted.
• All items placed in the Licensed Area must be removed each night at the
close of business.
• No extraneous items such as menu boards, signs or portable heaters in
the Licensed Area shall be permitted.
• Solicitation for tips or the posting or dissemination of printed material in
the Licensed Area is prohibited.
35
ITEM— VI.L3
ORDINANCESIRESOL UTIONS
ITEM#74993
Upon motion by Vice Mayor Wilson, seconded by Council Member Wooten, City Council ADOPTED,BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned land for
up to five(5)years at 1401 Southern Boulevard re Earth in Motion LLC
Voting: 9-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. `Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Abstaining:
Chris Taylor—Applicant is his State Senator
Council Members Absent:
None
November 21, 2023
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR UP
3 TO FIVE (5) YEARS WITH EARTH IN MOTION
4 LLC, FOR CITY-OWNED LAND LOCATED AT
5 1401 SOUTHERN BOULEVARD
6
7 WHEREAS, the City of Virginia Beach (the "City") owns property located at
8 1401 Southern Boulevard (GPIN: 2417-24-1080) (the "Premises");
9
10 WHEREAS, through a Request for Proposal process, Earth in Motion LLC
11 ("EIM") was chosen as the candidate to lease the Premises;
12
13 WHEREAS, the City and EIM desire to enter into a lease agreement for EIM's
14 use of the Premises to store equipment and materials and as a laydown yard, and for no
15 other purpose; and
16
17 WHEREAS, EIM has agreed to pay the City an annual lease amount at
18 market rates, for a term of three (3) years with two (2) optional renewal terms of one (1)
19 year each, subject to the City's consent, as shown on the Summary of Terms attached
20 hereto as Exhibit A.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA:
24
25 That the City Manager, or his authorized designee, is hereby authorized to
26 execute a lease agreement between EIM and the City for the Premises, in accordance with
27 the Summary of Terms attached hereto as Exhibit A and made a part hereof, and such
28 other terms and conditions deemed necessary and sufficient by the City Manager and in a
29 form deemed satisfactory to the City Attorney.
30
31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t
32 day of November , 2023.
CA16255
R-1
Prepared: 11/1/23
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
LJJ
P LI WORK , REAL ESTATE 11�,ELIZABETH S. CHUPIK
ASSOCIATE CITY ATTORNEY
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR CITY-OWNED PROPERTY LOCATED AT 1401 SOUTHERN
BOULEVARD
LESSOR: City of Virginia Beach ("City")
LESSEE: Earth in Motion LLC
PREMISES: 1401 Southern Boulevard
Approximately 9.7± acres (GPIN: 2417-24-1080)
TERM: Three (3) years beginning December 1 , 2023 through November 30,
2025, with two (2) successive one-year renewals, subject to City's
consent
RENT: $5,000 per month ($60,000 per year); 3% annual escalation
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for storage of construction materials and equipment and as a
laydown yard, and for no other purpose
• Maintain and secure Premises, as necessary
• Establish erosion control measures and grade the Premises for property drainage
• Will be responsible for maintenance and/or repair of the Premises arising out of
Lessee's use of the Premises
• Maintain Worker's Compensation Insurance as required under Title 65.2 of the
Code of Virginia.
• Maintain commercial general liability insurance in a minimum amount of
$1,000,000
• Maintain pollution Liability Insurance in the amount of not less than $5,000,000
• Maintain Automobile Liability Insurance including coverage for non-owned and
hired vehicles in an amount not less than Five Hundred Thousand and No/100
Dollars ($500,000) combined single limits (CSL).
• Will be responsible for leasehold taxes on the Premises
RIGHTS AND RESPONSIBILITIES OF CITY:
• Reserve the right to grant easements and rights-of-way across or upon the
Premises for streets, alleys, public highways, drainage facilities, utilities,
telephone and telegraph transmission lines, pipelines, and similar purposes
• Renewal terms are subject to City's consent
• City can terminate upon 180 days' written notice for any purpose and upon 30
days' written notice for a public purpose
36
ITEM— VI.L4
ORDINANCESMESOL UTIONS
ITEM#74994
Upon motion by Vice Mayor Wilson, seconded by Council Member Wooten, City Council ADOPTED
Ordinance to ACCEPT and APPROPRIATE $18,953,059 to the FY2023-24 Capital Improvement
Program(CIP)and$1,142,237 to the FY2023-24 Parks and Recreation Operating Budget from the sale of
easements re an Electronic Transmission Corridor for the Coastal Offshore Wind Project to Dominion
Energy Virginia
Voting: 8-1
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Robert W. "Worth"
Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
Council Members Abstaining:
Vice Mayor Rosemary Wilson
Council Members Absent:
None
November 21, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $18,953,059 TO THE FY 2023-24 CAPITAL IMPROVEMENT
3 PROGRAM AND $1,142,237 TO THE CITY'S OPERATING
4 BUDGET FROM THE SALE OF EASEMENTS FOR AN
5 ELECTRIC TRANSMISSION CORRIDOR FOR THE
6 COASTAL OFFSHORE WIND PROJECT TO DOMINION
7 ENERGY VIRGINIA
8
9 WHEREAS, Virginia Electric and Power Company, a Virginia public service
10 corporation, d/b/a Dominion Energy Virginia, is an electric utility company that is
11 constructing the Coastal Virginia Offshore Wind project to diversify its energy supply and
12 advance the clean energy goals of the Commonwealth of Virginia, proposed to purchase
13 easements across 25 City-owned parcels for the construction, maintenance, and
14 operation of cables within the electric transmission corridor from the wind farm off the
15 coast of Virginia to the Chesapeake border;
16
17 WHEREAS, the City Council approved the sale of the City easements during the
18 October 24, 2023 City Council meeting;
19
20 WHEREAS, the easement purchase price included $1,142,237 for tree mitigation
21 to offset the trees that will be cleared for the project; and
22
23 WHEREAS, because the amount to be appropriated exceeds 1% of the Capital
24 Improvement Program, the City Council conducted a public hearing on November 14,
25 2023.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA, THAT:
29
30 1. $ $18,953,059 is hereby appropriated, with revenues increased accordingly, to
31 the FY 2023-24 Capital Improvement Program in the following amounts to the
32 following projects:
33 a. $1,361,078 to #100306 "Pleasure House Road Improvements Phase II;"
34 b. $3,216,506 to #100340 "Rosemont Roads Phase V;"
35 c. $2,236,872 to #100381 "Shore Drive Improvements Phase III;"
36 d. $6,983,544 to #100383 "Shore Drive Improvements Phase IV;"
37 e. $4,253,059 to #100423 "Traffic Safety Improvements IV;" and
38 f. $902,000 to #100644 "Virginia Beach Trail."
39
40 2. $1,142,237 is hereby appropriated, with revenues increased accordingly, to the
41 FY 2023-24 Operating Budget of the Department of Parks and Recreation for
42 tree mitigation.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 St day
of November 2023.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
r
Bu get and Management Services City" orney's Office
CA16355
R-1
November 1, 2023
G�NIA ABF
O,cs
U' _ � City of V�r-gi ni a B each
99'fs 4`�tlf&
Or 0UR NA.X%O
VBpv mn
ROSEMARY WILSON PHONE:(757)422-0733
VICE MAYOR
RCWilson(d)vboov.com
COUNCIL MEMBER-DISTRICT 5
November 21,2023
In Reply Refer to 0085507
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach,Virginia 23456
Re: Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, I make the following declarations:
1. I am executing this written disclosure regarding the City Council's consideration
of an ordinance to accept and appropriate $18,953,059 to the FY 2023-24 Capital
Improvement Program and$1,142,237 to the City's Operating Budget from the sale
of easements for an electric transmission corridor for the coastal offshore wind
project to Dominion Energy Virginia.
2. I have a personal interest in Dominion Energy. Its corporate street address is 120
Tredegar Street, Richmond, Virginia 23219.
3. I hereby disclose this interest, and I will abstain from the City Council's
consideration of this item.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincerely,
Rosemary A. 1 son
Vice Mayor
RAW/RRI
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451
37
ITEM— VI.L5
ORDINANCES/RESOLUTIONS
ITEM#74995
Upon motion by Vice Mayor Wilson, seconded by Council Member Wooten, City Council ADOPTED,BY
CONSENT, Ordinance to APPROPRIATE,$26,140,809 from the FY2022-23 School Reversion Funds to
the Virginia Beach Public Schools FY2023-24 Operating Budget and Capital Improvement Program(CIP)
(Requested by the School Board)
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
November 21, 2023
REQUESTED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
1 AN ORDINANCE TO APPROPRIATE SCHOOL
2 REVERSION AND REVENUE SHARING FUNDS IN THE
3 AMOUNT OF $26,140,809
4
5 WHEREAS, the School Board of the City of Virginia Beach adopted a Budget
6 Resolution Regarding FY 2022-23 Reversion and Revenue Sharing Formula
7 Reconciliation on October 24, 2023;
8
9 WHEREAS, the collective funding request for Reversion and Revenue Sharing
10 funds and the additional funds from the Commonwealth requires a public hearing, and
11 such hearing was held on November 14, 2023-1
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA THAT:
15
16 $26,140,809 in reversion and revenue sharing funds are hereby appropriated for
17 the following purposes:
18 a. $14,890,809 to be appropriated to Schools' CIP Fund:
19 • $3,962,133 as pay-as-you-go funding with a corresponding reduction in
20 authorized but unissued Public Facility Revenue Bonds-,
21 . $5,000,000 as pay-as-you-go funding for Project #601018, "Renovations
22 and Replacements — HVAC Phase III;"
23 . $2,928,676 as pay-as-you-go funding for Project #601020, "Renovations
24 and Replacements — Various Phase III;"
25 0 $3,000,000 as pay-as-you-go funding for Project#601030, "Payroll System
26 Replacement;"
27 b. $11,000,000 to be appropriated to the School Reserve Special Revenue Fund
28 to be set aside for Project#601015, "Princess Anne High School Replacement"
29 ($5,500,000) and Project #601028, "B.F. Williams/Bayside 6th (Grades 4-6)
30 Replacement" ($5,500,000). These amounts will be requested in the FY 2024-
31 25 Capital Improvement Program;
32 c. $250,000 to be appropriated to the Athletics Fund.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day
of November 2023.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
�.
B dget and Management Services ttor ey's Office
CA16356
R-1
November 1, 2023
38
ITEM— VLL6
ORDINANCESIRESOL UTIONS
ITEM#74996
Upon motion by Vice Mayor Wilson, seconded by Council Member Wooten, City Council ADOPTED,BY
CONSENT, Ordinance to APPROPRIATE $23,445,223 from the Commonwealth of Virginia to the
Virginia Beach Public Schools FY2023-24 Operating Budget re additional2%compensation increase for
all frill-time equivalent employees and an "ALL In"approach focusing on high intensith tutoring, the
Virginia Literacy Act, and chronic absenteeism (Requested by the School Board)
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
November 21, 2023
REQUESTED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
1 AN ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS
2 FOR SCHOOLS FROM THE COMMONWEALTH IN THE
3 AMOUNT OF $23,445,223
4
5 WHEREAS, the General Assembly passed and the Governor signed the updated
6 2022-2024 Biennial Budget on September 14, 2023, and such budget provides additional
7 funds for the Virginia Beach City Public Schools;
8
9 WHEREAS, the School Board adopted a Budget Resolution regarding the
10 additional funding for its FY 2023-24 Operating Budget on October 24, 2023;
11
12 WHEREAS, the collective funding request for Reversion and Revenue Sharing
13 funds and the additional funds from the Commonwealth requires a public hearing, and
14 such hearing was held on November 14, 2023;
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA THAT:
18
19 $23,445,223 in revenue from the Commonwealth of Virginia is hereby accepted
20 and appropriated, with revenue increased accordingly, for the following purposes:
21
22 a) $3,408,066 to the School Operating Fund to provide an additional two-
23 percent compensation increase to all full-time equivalent employees
24 effective January 1 , 2024; and
25 b) $20,037,157 to the Categorical Grants fund to follow the Governor's
26 recommended focus on an "ALL In" approach that focuses on high intensity
27 tutoring, the Virginia Literacy Act, and chronic absenteeism.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 S t day
of November , 2023.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget and Management Services C` tt rney's Office
CA16357
R-1
November 1, 2023
39
ITEM— 1/7L 7
ORDINANCESIRESOL UTIONS
ITEM#74997
Upon motion by Vice Mayor Wilson, seconded by Council Member Wooten, City Council ADOPTED,BY
CONSENT, Ordinance to APPROPRIATE Fund Balance of the Tourism Investment Program (TIP)fund
and to AUTHORIZE the City Manager to EXECUTE the settlement, transition, and termination
agreement for the Virginia Beach Sports Center
Voting: 9-1
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. `Joash"Schulman, Chris Taylor and Vice Mayor Rosemary
Wilson
Council Members Voting Aye:
Sabrina D. Wooten
Council Members Absent:
None
November 21, 2023
1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF
2 THE TOURISM INVESTMENT PROGRAM (TIP) FUND AND
3 TO AUTHORIZE THE CITY MANAGER TO EXECUTE A
4 SETTLEMENT, TERMINATION, AND TRANSITION
5 AGREEMENT FOR THE VIRGINIA BEACH SPORTS
6 CENTER
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA, THAT:
10
11 1. $2,555,896 is hereby appropriated from a reserve established in the TIP Fund to
12 offset the acquisition of certain furniture and fixtures at the Virginia Beach Sports
13 Center (the "Sports Center") and to repay the startup budget amounts.
14
15 2. $4,054,465.53 is hereby appropriated from the fund balance of the TIP Fund to
16 provide:
17 a. $2,048,370.53 for the balance owed on furniture and fixtures at the Sports
18 Center and startup budget amounts;
19 b. $1,506,095 for accrued management fees, cash advances, accounts
20 payable, and unpaid gate receipts at the Sports Center;
21 c. $500,000 for working capital to re-establish operating accounts prior to
22 installing an interim operator.
23
24 3. The City Manager is hereby authorized to execute a Settlement, Termination, and
25 Transition Agreement with ESM VBSC, LLC, and Eastern Sports Management,
26 LLC, provided the agreement is consistent with the summary of material terms
27 attached hereto Exhibit A.
28
29 4. The City Manager is hereby authorized and directed to retain the services of an
30 interim operator for the Sports Center and utilize available funds in the TIP Fund
31 including any reserve established for the Sports Center for the operations of the
32 Sports Center.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day
of November 2023.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
XNA
udget and anagement Services City ttorney's Office
CA16367
R-1
November 8, 2023
EXHIBIT A
SUMMARY OF TERMS
SETTLEMENT, TERMINATION, AND TRANSITION AGREEMENT
Parties: City of Virginia Beach("City")
ESM VB, LLC ("Manager")
Eastern Sports Management, LLC as intended third-party beneficiary of
the Management Agreement
Purpose: The orderly transfer of the management of the Virginia Beach Sports
Center(the"Sports Center"), the resolution of amounts owed to the
Manager under the Management Agreement, and the resolution of
amounts owed to various vendors and event sponsors at the Sports Center
Termination Date: November 30, 2023
Material Terms: FFE & Start-up Budget
City to pay debts associated with furniture, fixtures, and Start-up Budget.
Manager and City to execute a bill of sale to effectuate this conveyance.
Current amount of such debt is $4,604,266.53.
Service Agreements at Sports Center
Manager to assign service agreements at the Sports Center. City has the
discretion to assume such agreements. Expressly included in this provision
is a current food and beverage contract with Centerplate.
Customer,Rental, and Sponsorship/Advertising Agreements
Manager to assign customer, rental, and sponsorship/advertising
agreements. City to review such agreements and continue them in the City's
discretion. City to be responsive for any termination fees if the City elects
to terminate. City to retain tournaments and events developed by and for
the Sports Center. The manager can continue current leagues and pay the
relevant rental fee for court time.
Other Terms.
The proposed agreement also includes a non-disparagement covenant and
mutual releases.
The payment of accrued Management Fees($350,097)and ESM Advances
to the Facility($274,000).
The payment of amounts currently owed for accounts payable and gate
receipts ($881,998) are to be made by City and Manager to pay such
amounts prior to the Termination Date. The operating accounts are to be
either transferred to the City or closed.
40
ITEM— VI L8
ORDINANCESIRESOL UTIONS
ITEM#74998
The following registered to speak.-
Phillip Van Cleave, 5509 West Bay Court, Midlothian, Phone: 804-874-8235, spoke in OPPOSITION
Katherine Loring, 1369 Stephens, Phone: 619-4093, spoke in SUPPORT
Patricia Gadzinski, 2005 Plowshares Court, Phone: 343-4431, spoke in SUPPORT
Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Phone: 410-0008, spoke in OPPOSITION
Marge House, 3513 Petunia Crescent,Phone: 761-8563, spoke in SUPPORT
Shay Coleman, 729 Skipwith Road, Phone: 202-7548, spoke in OPPOSITION
Curtis Wiley, 1720 Buckley Arch, spoke in OPPOSITION
Robert Dean, 1204 Shawn Drive, Phone:287-8694, did not respond
Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council
ADOPTED Ordinance to ADD City Code Section 38-9 re prohibit weapons at the Housing Resource
Center
Voting: 6-4
Council Members Voting Aye:
Barbara M. Henley, Robert W. "Worth" Remick, Dr. Amelia N. Ross-
Hammond,Jennifer Rouse,Joashua F. "Joash"Schulman and Sabrina D.
Wooten
Council Members Voting Nay:
Michael F. Berlucchi, Mayor Robert M. Dyer, Chris Taylor and Vice
Mayor Rosemary Wilson
Council Members Absent:
None
November 21, 2023
1 AN ORDINANCE TO ADD SECTION 38-9 TO
2 THE CITY CODE TO PROHIBIT WEAPONS
3 AT THE HOUSING RESOURCE CENTER
4
5 SECTION ADDED: § 38-9
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 WHEREAS, the City opened the Housing Resource Center in 2018;
11
12 WHEREAS, the Housing Resource Center integrates shelter, housing, mental
13 health and substance abuse services, health services, dining facilities, learning facilities,
14 supportive services and community resources in one facility;
15
16 WHEREAS, the Housing Resource Center assists families with children and
17 individuals, and subpopulations including but not limited to youth, individuals with
18 mental illness, and veterans who are in crisis and are experiencing homelessness;
19
20 WHEREAS, the homeless families and individuals at the Housing Resource
21 Center are triaged for homeless services, financial assistance, employment services,
22 behavioral health services and general health services;
23
24 WHEREAS, the Housing Resource Center's goal is to be a safe haven for these
25 families and individuals who lack resources and a support network;
26
27 WHEREAS, to maintain a safe environment for the families, youth and adults at
28 the Housing Resource Center shelter, as well as City staff and contractors, it is
29 important that weapons be excluded from the facility; and
30
31 WHEREAS, Virginia Code § 15.2-915(e) authorizes a locality to adopt an
32 ordinance that prohibits the possession, carrying or transportation of any firearms,
33 ammunition, or components or combination thereof in any building owned or used by
34 the locality.
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
37 VIRGINIA BEACH, VIRGINIA:
38
39 That in furtherance of the above stated desire and intent of the City Council, the
40 Code of the City of Virginia Beach, Virginia is hereby amended and reordained by
41 adding thereto Section 38-9 to Chapter 38 as follows:
42
43 Sec. 38-9. - Possession, carrying or transportation of any weapons, firearms,
44 ammunition, or components thereof, in Housing Resource Center prohibited.
45
46 (a) The possession, carrying, or transportation of any weapon, firearms,
47 ammunition, or components or combination thereof is prohibited within the
48 Housing Resource Center and its courtyard(s), located at 104 N. Witchduck
49 Road, in the City of Virginia Beach.
50 (b) The City Manager or designee, employees and/or City contractors are hereby
51 authorized to utilize security measures including, but not limited to, the use of
52 metal detection devices such as wands and/or metal detectors and increased
53 security personnel to reasonably prevent persons from bringing prohibited
54 items into the Housing Resource Center.
55 (c) The City Manager is hereby authorized and directed to install locked lockers,
56 cabinets, or other means in the Housing Resource Center to allow users of
57 the facility to secure their weapons, firearms, ammunition, or components or
58 combination thereof while individuals are in the Housing Resource Center.
59 (d) For purposes of this section, "weapon" is defined as set forth in section 38-
60 Via) herein.
61 (e) For purposes of this section, "firearm" means any handqun, shotgun, spring-
62 propelled rifle or pistol, and/or pneumatic gun that will or is designed to or
63 may readily be converted to expel single or multiple projectiles by action of an
64 explosion of a combustible material. "Ammunition" means a cartridge, pellet,
65 ball, missile or projectile adapted for use in a firearm.
66 (f) Notice of this section shall be posted at all entrances at the Housing
67 Resource Center.
68 (g) This section shall not apply to:
69 (1) Military personnel when acting within the scope of their official duties;
70 (2) Sworn law enforcement officers engaged in the performance of their public
71 duties; and
72 (3) Armed security personnel licensed by the Virginia Department of Criminal
73 Justice Services providing security pursuant to a contract with the City of
74 Virginia Beach.
75 (h) A violation of this section shall not be punishable as a misdemeanor but may
76 result in expulsion from the Housing Resource Center.
77
78 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2Is t
79 day of November 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
r
Emergen,anagement City A orney's Office
CA16352
R-11
October 31, 2023
41
ITEM— VI L9
ORDINANCESIRESOL UTIONS
ITEM#74999
Upon motion by Vice Mayor Wilson, seconded by Council Member Wooten, City Council ADOPTED,BY
CONSENT, Ordinance to AMEND City Code Section 21-502 re penalty for violation of weight limits for
certain vehicles
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
November 21, 2023
1 AN ORDINANCE TO AMEND SECTION 21-502 OF
2 THE CITY CODE PERTAINING TO PENALTY FOR
3 VIOLATION OF WEIGHT LIMITS
4
5 SECTION AMENDED: § 21-502
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That Section 21-502 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 21-502. Penalty for violation of weight limits.
14 Any person violating any weight limits as provided in this Chapter or any permit
15 issued by either the Department of Transportation or by the City pursuant to this Article
16 shall be subject to a civil penalty of twenty-five dollars ($25.00)1 a44d-a processing fee of
17 twenty dollars ($20.00), and a weighing fee of two dollars ($2.00) in addition to any
18 liquidated damages and weighing foes imposed by this or+iG e by Code of Virginia § 46.2-
19 1135. Upon collection by the Department or by the court, the civil penalty shall be
20 forwarded to the City Treasurer, to be allocated to the fund appropriated for the
21 construction and maintenance of City highways; and the processing fee shall be paid to
22 the state treasury to be used to meet the expenses of the Department of Motor Vehicles.
23 The penalties, damages and fees specified in this Article shall be in addition to any
24 other liability which may be legally fixed against the owner, operator or other person
25 charged with the weight violation for damage to a highway or bridge attributable to such
26 weight violation.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21 s t
day of November , 2023.
APPROVED AS TO LEGAL SUFFICIENCY:
aw
City Attorney's Office
CA16324
R-2
November 8, 2023
42
ITEM— VIL10
ORDINANCESIRESOL UTIONS
ITEM#75000
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned
property known as Lake Bradford, also known as 2213 Pleasure House Road re maintain an existing shed
and porch,and to construct and maintain a wood dock,a wood pier,an EZ dock and kayak launch,and
timber piles and a 20'and a S'City-owned public drainage easement, located at the rear of 14 Bradford
Point—District 9
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor RobertM.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
November 21, 2023
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO A
5 PORTION OF CITY-OWNED PROPERTY
6 KNOWN AS LAKE BRADFORD A/K/A 2213
7 PLEASURE HOUSE ROAD, AND A 20' AND A
8 5' CITY-OWNED PUBLIC DRAINAGE
9 EASEMENT, LOCATED AT THE REAR OF 14
10 BRADFORD POINT
11
12 WHEREAS, Terry K. Gowin and Gail H. Gowin, Trustees or their Successors
13 in Trust, of the Gowin Living Trust dated February 24, 2020, and any Amendments thereto
14 (the "Applicants") request permission to maintain an existing shed with a 2.1' maximum
15 encroachment and an existing porch with a 1' maximum encroachment, and to construct
16 and maintain a 10' x 10' wood dock, a 4' x 30' wood pier, a 5' x 10' EZ dock with two (2)
17 2.5" galvanized pipe anchors, a 4.9' x 14' polyethylene floating EZ kayak launch and twelve
18 (12) 8" wood piles (collectively, the "Temporary Encroachment") into City property known
19 as Lake Bradford a/k/a 2213 Pleasure House Road (GPIN: 1479-38-4812), and a 20' and a
20 5' City-owned public drainage easement(collectively, the"Encroachment Area"), located at
21 the rear of 14 Bradford Point (GPIN: 1570-31-9971), and
22
23 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
24 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
25 the City's property subject to such terms and conditions as Council may prescribe.
26
27 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
31 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, its heirs, assigns
32 and successors in title are authorized to construct and maintain the Temporary
33 Encroachment within the City's property as shown on the map entitled: "Exhibit `A'
34 ENCROACHMENT REQUEST FOR EXISTING SHED, PORCH, PROPOSED TIMBER
35 PILES, WOOD DOCK, PIER, EZ-DOCK, AND KAYAK LAUNCH FOR THE GOWIN
36 LIVING TRUST 14 BRADFORD POINT VIRGINIA BEACH, VIRGINIA 23455 LOT 4,
37 GRANDY POINTE M.B. 132 PG. 41 INSTR. # 200502250029779," Scale: 1" = 40', dated
38 October 19, 2023, prepared by Gaddy Engineering Services, LLC a copy of which is
39 attached hereto as Exhibit" A", and on file in the Department of Public Works and to which
40 reference is made for a more particular description;
41
42 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly
43 subject to those terms, conditions and criteria contained in the agreement between the City
44 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has
1
45 been presented to the Council in its agenda, and will be recorded among the records of the
46 Clerk's Office of the Circuit Court of the City of Virginia Beach;
47
48 BE IT FURTHER ORDAINED, that the City Manager or his authorized
49 designee is hereby authorized to execute the Agreement; and
50
51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
52 such time as the Applicant and the City Manager or his authorized designee execute the
53 Agreement.
54
55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t
56 day of November 2023.
57
CA15807
R-1
Prepared: 11/8/23
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFF CY AND FORM:
P BLIC WOR S, REAL ESTATE DA ARMEYER
S IOR CITY ATTORNEY
a
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14 BRADFORD POINT
PORCH ( 3 L3 43.55' N80° 12'09"E VIRGINIA BEACH,VA 23455
o / ( GPIN 1570-31-9971
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o 1�'X>5.8' STORY EASEMENT I M LIVING TRUST
of I BRICK&FRAME I N INSTR.#202203056667
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N (INSTR. 11502250029778) IN ADJACENT OWNERS
Z Z 30 N/F LEW1S P TODD AND LISA S
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p 125.00'
SEWER ELECTR/CAND POWER
MANHOLE BRADFORD POINT COMPANYEASEMENT
(35'R/GHT--OF-WAY) INSTR.#202203024082
(INSTR.200502250029779)
EXHIBIT"A"
ENCROACHMENT REQUEST FOR EXISTING SHED,PORCH,PROPOSED
TIMBER PILES,WOOD DOCK,PIER,EZ-DOCK,AND KAYAK LAUNCH 1,J,'j H
FOR THE GOWIN LIVING TRUST
14 BRADFORD POINT GADDY
VIRGINIA BEACHEACH,,VIRGINIA 23455
LOT 4,GRANDY POINTE,M.B. 132 PG.41 o MICHAE S. AD ENGINEERING SERVICES,LLC
INSTR.#200502250029779 LIC. NO. a
0 40 80 CONTACT:
0 040754 MICHAEL S.GADDY, PE, LS
757-289-5933
SCALE: 1"=40' ASS/ONAL 508 N. BIRDNECK RD.,SUITE D
SHEET 1 OF 2 VIRGINIA BEACH,VA,23451
PROPOSED 4.9'X 14'POLYETHYLENE
FLOATING'EZ-KAYAK LAUNCH'
14 PROPOSED 5'X 10'POLYETHYLENE
L L L—L L L L L L FLOATING'EZ-DOCK'WITH(2)2.5"GALV.
L L L L L L L L L PIPE ANCHORS
5/8"THRU BOLT DOCK
10' WASHER&NUT CROSS NOTES:
L L L L L L TIE&STRINGER TO PILE 1. ALL TIMBER MATERIALS USED IN
L L L L L L 8"PILE(8'LENGTH) MARINE ENVIRONMENT SHALL BE
PRESERVATIVE TREATED IN
2X8 CROSS TIE ACCORDANCE WITH AMERICAN
WOOD PROTECTION ASSOCIATION
(AWPA)STANDARDS C2 AND C18.
0 2. ALL HARDWARE SHALL BE IN
16D NAIL FACIA TO ACCORDANCE WITH ASTM A-153.
2X8 STRINGER STRINGER&PILE
8'�-8' 8' 6'�
16D NAIL(OR#10 SCREW)
DECK BOARD TO STRINGER
PROPOSED PIER DETAIL
8"PIER PILE X t12'LONG 50%
OF TOTAL PILE LENGTH
PENETRATES BELOW BOTTOM
)GRADE AND INTO FIRM SOIL EXTEND 10'
WOOD PIER.TIE
10'X10'PLATFORM TO EX.GRADE
2X6 DECKBOARD CAP 1'(TYP) EL.7.5't
EL.5.0' 4'WIDE
ACCESS
WALKWAY _ 71
—
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TWO PRESSURE
i--"
TREATED POST.
l I-1 I I
BOTTOM EL.1.7' �I_� -I I i_
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SUBAQUEOUS
PROPOSED PIER SECTION
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ENCROACHMENT REQUEST FOR EXISTING SHED,PORCH,PROPOSED wT,I H
TIMBER PILES,WOOD DOCK,PIER,EZ-DOCK,AND KAYAK LAUNCH tj
FOR THE GOWIN LIVING TRUST r
14 BRADFORD POINT GADDY
VIRGINIA BEACH,VIRGINIA 23455 � MICHAEL S. AD 'z
LOT 4,GRANDY POINTE,M.B. 132 PG.41 p ENGINEERING SERVICES,LLC
INSTR.#200502250029779 U Lic. No.
CONTACT:
0 10 20 -0 040754 MICHAEL S. GADDY, PE, LS
-p�,c� ,� ,�`�� �� 757-289-5933
SCALE: 1"= 10' �SS�ONAL ��G 508 N. BIRDNECK RD., SUITE D
VIRGINIA BEACH,VA,23451
SHEET 2 OF 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 day of , 2023, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and TERRY K. GOWIN AND GAIL H.
GOWIN, TRUSTEES, OR THEIR SUCCESSORS IN TRUST, OF THE GOWIN LIVING
TRUST DATED FEBRUARY 24, 2020, AND ANY AMENDMENTS THERETO, ITS
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 'A" as shown on that certain plat entitled:
"-Subdivision of Grandy Pointe- (M.B. 132, P. 41) Virginia Beach, Virginia," Scale: 1" =
50', dated March 20, 2004, prepared by Kellam Gerwitz, which plat is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument
Number 200502250029779, and being further designated, known, and described as 14
Bradford Point, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee maintain an existing shed with a
2.1' maximum encroachment, a porch with a 1' maximum encroachment, and to
construct and maintain a 10' x 10' wood dock, a 4' x 30' wood pier, a 5' x 10' EZ dock
with two (2) 2.5" galvanized pipe anchors, a 4.9' x 14' polyethylene floating EZ-kayak
GPIN: 1479-38-4812 - LAKE BRADFORD (A/K/A 2213 PLEASURE HOUSE ROAD)
CITY-OWNED 20' AND 5' DRAINAGE EASEMENTS NO GPIN ASSIGNED
1570-31-9971 - 14 BRADFORD POINT
launch and twelve (12) 8" wood piles, collectively, the "Temporary Encroachment", in
the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of City-owned
property known as Lake Bradford a/k/a 2213 Pleasure House Road (GPIN: 1479-38-
4812), and a 20' and a 5' City-owned public drainage easement, collectively, the
"Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT "A"
ENCROACHMENT REQUEST FOR EXISTING SHED,
PORCH, PROPOSED TIMBER PILES, WOOD DOCK,
PIER, EZ-DOCK, AND KAYAK LAUNCH FOR THE GOWIN
LIVING TRUST 14 BRADFORD POINT VIRGINIA BEACH,
VIRGINIA 23455 LOT 4, GRANDY POINTE, M.B. 132 PG.
41 INSTR. # 200502250029779," Scale: 1" = 40', dated
October 19, 2023, prepared by Gaddy Engineering
Services, LLC, a copy of which is attached hereto as Exhibit
"A" and to which reference is made for a more particular
description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
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 City may enter upon
the Grantee's property for ingress and egress on an as needed basis in order to monitor
Grantee's compliance with the terms of this Agreement, for routine maintenance
activities upon public property adjacent to 14 Bradford Point, or at any time upon an
event of noncompliance with the terms of this Agreement to enforce the terms of this
Agreement; provided that City will provide at least ten (10) days' notice of such entry to
Grantee, except when there is a threat of imminent harm, personal injury or property
damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment
of the Property. Any access authorized by this section shall be limited to the property
with a street address of 14 Bradford Point.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall indemnify, hold
harmless, and defend the City, its agents and employees, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall be
necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood that any existing encroachments
referenced in the attached Exhibit or in this Agreement are the ongoing maintenance
obligation of the Grantee and the City disclaims any ownership interest or maintenance
obligation of such encroachments.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined.
The company providing the insurance must be registered and licensed to provide
insurance in the Commonwealth of Virginia. The Grantee will provide endorsements
providing at least thirty (30) days written notice to the City prior to the cancellation or
termination of, or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to the
construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, TERRY K. GOWIN and GAIL H. GOWIN,
TRUSTEES, OR THEIR SUCCESSORS IN TRUST, OF THE GOWIN LIVING TRUST
DATED FEBRUARY 24, 2020, AND ANY AMENDEMENTS THERETO, the said
Grantee, has caused this Agreement to be executed by its signature. Further, that the
City of Virginia Beach has caused this Agreement to be executed in its name and on its
behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
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:
TERRY K. GOWIN AND GAIL H.
GOWIN, TRUSTEES OR THEIR
SUCCESSORS IN TRUST, OF THE
GOWIN LIVING TRUST DATED
FEBRUARY 24, 2020, AND
ANY AMENDMENTS THERETO
Ter o in, r ee
G H. Gowin, Trus ee
STATE OF VIRGINI
CITY/COUNTY OF \ O to-wit:
The foregoing instrument was acknowledged before me this day of
2023, by Terry K. Gowin and Gail H. Gowin, Trustees or their
successors in Trust, of the Gowin Living Trust dated February 24, 2020, and any
amendments thereto.
(SEAL)
Notary P b 'c
ASHLEY RENEE JANECHEK
������ NOTARY PUBLIC
Notary Registration Number: RED. #7770977
COMMONWEALTH O INI
My Commission Expires: () 202�- MY COMMISSION EXPIRES
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFF NCY AND FORM
*B'L1C_\W'_OA_Ri S — REAL ESTATE . H RMEYER
SE R CITY ATTORNEY
PROPOSED 5.0'x 10' LAKESRADFORD tiFSgp
'EZ DOCK'WITH(2)2.5"N/F CITY OFVIRGINIA BEACH q egyF�/r
GALV.PIPE ANCHORS,& GP/N. 1479-38-4812 CHUBB �/OF
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/NV=3 45
LAUNCH' A,
APPROX/MATE t<<v ROP ED °
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� WOOD DOCK o 4
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P/N�FJ
LINE T LE
APPLICANT
PUBL/C LINE LENGTH DI CTION N/F TERRY K.GOWN 8
OR4/NAGEEASEMENT 1 GAIL H.GOWN,TRUSTEES
/NSTR.200502250029779) L 1 39.45' S74°2 4"E OF THE GOWN LIVING
SHED 2.1'O TRUST DATED FEBRUARY
OI L2 30.34' S88°38'03 24,2020,INSTR.
1 #20200226000187390
3O 14 BRADFORD POINT
THED
— — —� PORCH L3 43.55' N80° 12'09"E VIRGINIA BEACH,VA 23455
I O I GPIN:157031-9971
L4 19.16' N67°42'40"E ADJACENT OWNERS
'PORCHLN I 10 0' 20 N/F EDWARDS FAMILY
O 1 X 15B' co LIVING TRUST
�� -STORY EASEMENT
O I IBR/CK&FRAME I N INSTR.#202203056667
0) 00 10 BRADFORD POINT
Lu 37.3' / 1'4 I M C VIRGINIA BEACH,VA 23455
20'PtU129L DRA/NAGEEASEMENT Z h GPIN 1570-31-8955
(/NSTR �(50225002 77 J / I Q � ADJACENT OWNERS
o f I I N m D 3 KLEIMAN REVOCABLE
LIVINGLISA S
LIVING TRUST
° 15707'TO D D y INSTR.#20140213000127150
I Z I I P.C.g,6AY m
--1 18 BRADFORD POINT
In V/EWAVE m VIRGINIA BEACH,VA 23455
I I T/L/TYEASEMENT CONC' I w c�n� GPIN 157041-0990
T .2 0 05 0225 0 019 7 79J Qy UT/L/TY —�
TELCO M N VAUL T m Z ADJACENT OWNERS
PELJE — — — — ATER — 6 — — — _ m 4 N/F CITY OF VIRGINIA BEACH
ETER LAKE BRADFORD
A 2213 PLEASURE HOUSE RD.
CURB/NL C CURB P/N(FJ VIRGINIA BEACH,VA 23455
R/M=8.52 &GUTTER N74°12'31°W ASPHAL T GPIN 1479-384812
/NV=626(P
D.B.1018.PG.154
0 125.00' 15:Y15'VIRGINIA
ELECTR/CAND POWER
SEWER MANHOLE BRADFORD POINT COMPANYEASEMENT
(35'R/GHT--OF-WAY) INS TR.A'202203024082
(INSTR 2005 02250029 7 79)
EXHIBIT"A"
ENCROACHMENT REQUEST FOR EXISTING SHED,PORCH,PROPOSED
TIMBER PILES,WOOD DOCK, PIER, EZ-DOCK,AND KAYAK LAUNCH p jTH
FOR THE GOWIN LIVING TRUSTS r
14 BRADFORD POINT GADDY
VIRGINIA BEACHEACH,,VIRGINIA 23455
LOT 4,GRANDY POINTE, M.B. 132 PG.41 o MICHAE S. AD ENGINEERING SERVICES,LLC
INSTR.#200502250029779
v Lic. No.0 40 80 CONTACT:
-0 040754
( MICHAEL S.GADDY, PE, LS
,� 757-289-5933
SCALE' 1"=ao' ASS/ONAL E 508 N. BIRDNECK RD.,SUITE D
SHEET 1 OF 2 VIRGINIA BEACH,VA,23451
PROPOSED 4.9'X 14'POLYETHYLENE
FLOATING'EZ-KAYAK LAUNCH'
-14 PROPOSED 5'X 10'POLYETHYLENE
L L L L L L L L L FLOATING'EZ-DOCK'WITH(2)2.5"GALV.
L L L L L L L L L PIPE ANCHORS
5/8"THRU BOLT DOCK
10' WASHER&NUT CROSS NOTES:
L L L L L L TIE&STRINGER TO PILE 1. ALL TIMBER MATERIALS USED IN
L L L L L L 8'PILE(8'LENGTH) MARINE ENVIRONMENT SHALL BE
PRESERVATIVE TREATED IN
2X8 CROSS TIE ACCORDANCE WITH AMERICAN
WOOD PROTECTION ASSOCIATION
(AWPA)STANDARDS C2 AND C18.
0 2. ALL HARDWARE SHALL BE IN
16D NAIL FACIA TO ACCORDANCE WITH ASTM A-153.
2X8 STRINGER STRINGER&PILE
-��8'--�-8'- �` 81T
16D NAIL(OR#10 SCREW)
DECK BOARD TO STRINGER
PROPOSED PIER DETAIL
8"PIER PILE X t12'LONG 50%
OF TOTAL PILE LENGTH
PENETRATES BELOW BOTTOM
GRADE AND INTO FIRM SOIL EXTEND 10'
WOOD PIER.TIE
10'X10'PLATFORM TO EX.GRADE
2X6 DECKBOARD CAP 1'(TYP) EL.7.5't
EL.5.0' 4'WIDE
ACCESS
WALKWAY
4'X4"X3'GRADE
TWO PRESSURE
-I i�-
tT>=1 TREATED POST.
BOTTOM EL. 1.7' __ I I-J
Ti-
I �IILI
I,,II JIB
30'
2X8 CROSS TIE EX. GRADE
2X8 STRINGER
SUBAQUEOUS
PROPOSED PIER SECTION
EXHIBIT"A"
ENCROACHMENT REQUEST FOR EXISTING SHED,PORCH, PROPOSED ,j,I,H
TIMBER PILES,WOOD DOCK,PIER, EZ-DOCK,AND KAYAK LAUNCH
FOR THE GOWIN LIVING TRUST h
14 BRADFORD POINT / \ DDY
VIRGINIA BEACH,VIRGINIA 23455 .�' MICHAE S. AD z
LOT 4, GRANDY POINTE,M.B. 132 PG.41 O ENGINEERING SERVICES,LLC
INSTR.#200502250029779 U Lic. No.
CONTACT:
0 10 20 po� 040754 MICHAEL S.GADDY, PE, LS
757-289-5933
SCALE: 1"= 10' FSS�ONAL ��G 508 N. BIRDNECK RD., SUITE D
SHEET 2 OF 2 VIRGINIA BEACH,VA,23451
43
ITEM— VI.I.11
ORDINANCESIRESOL UTIONS
ITEM#75001
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED
Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Croatan Beach
re construct and maintain a beach access walkway and observation deck at the rear of 500 South Atlantic
Avenue—District S
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
November 21, 2023
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 CITY-OWNED PROPERTY KNOWN AS
6 CROATAN BEACH, LOCATED AT THE
7 REAR OF 500 S. ATLANTIC AVE
8
9 WHEREAS, Louis W. Dragas and Jennifer L. Dragas, husband and wife (the
10 "Applicants") request permission to construct and maintain a 56' x 4'.4" beach access
11 walkway and a 10' x 10'.4"observation deck(collectively, the "Temporary Encroachment")
12 within City-owned property known as Croatan Beach (GPIN: 2427-30-8604), located at the
13 rear of 500 S. Atlantic Ave (GPIN: 2427-30-4948); and
14
15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
17 the City-owned property subject to such terms and conditions as Council may prescribe.
18
19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs,
24 assigns and successors in title are authorized to construct and maintain the Temporary
25 Encroachment within City-owned property as shown on the map entitled: "EXHIBIT 'A'
26 ENCROACHMENT REQUEST FOR PROPOSED DECK AND OBSERVATION DECK
27 DRAGAS, LOUIS W. & JENNIFER L. 500 S. ATLANTIC AVE., VIRGINIA BEACH GPIN:
28 2427-30-4948, LOT A, BLOCK 29 CROATAN BEACH (M.B. 37, PG. 11) VIRGINIA
29 BEACH, VA 23451," Scale: 1" = 40', dated: JUNE 9, 2023, prepared by Dragas
30 Engineering, P.C., a copy of which is attached hereto as Exhibit "A" and on file in the
31 Department of Public Works and to which reference is made for a more particular
32 description;
33
34 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly
35 subject to those terms, conditions and criteria contained in the agreement between the City
36 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has
37 been presented to the Council in its agenda, and will be recorded among the records of the
38 Clerk's Office of the Circuit Court of the City of Virginia Beach;
39
40 BE IT FURTHER ORDAINED, that the City Manager or his authorized
41 designee is hereby authorized to execute the Agreement; and
42
43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
44 such time as the Applicants and the City Manager or his authorized designee execute the
45 Agreement.
i
46
47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t
48 day of November , 2023.
49
50
51
CA16047
R-1
Prepared: 11/7/23
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
P BLI WO KS, REAL ESTATE DANA . RMEYER
SENIOR CITY ATTORNEY
a
LOT 10A
N/F I N/F
FWM RESIDENTIAL PR❑PERTIES LLC CITY OF VIRGINIA BEACH w
GPIN:2427-31-4083 N "CR❑ATAN B ACH" o
INST# 2008081000907580 GPIN: 2427$0-8604
N
' M.B. 24, PG. '37 'w
770 40'57'E 215.00'
' - o N770 4 57"E -215.00' 0�1 b`b a
--------------- -_-------
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-------------------_----- -=r-----_----
z S770 40'S7'W 215.00' wwU' > °� LOTS 9 & 19, BL❑CK 29 PR❑P❑SED J
N/F i WALKWA� 10' X 10' A
z a GORDON, JEFFREY R. DECK
C> AND PAMELA M, z
Q Q GPIN 2427-30-4911 <
U INST# 202103091843 50' 50'
Z = INGRESS/EGRESS WORK AREA
P� ¢ u EXHIBIT NOTES EASEMENT EASEMENT
1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT,
Q .J
= w 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY.
D 0 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS
ED o COMBINED WITH THE COMPILATI❑N OF DEEDS AND PLATS SHOWN
HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY,
EXHIBIT "A" 4, THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATI❑N
ENCROACHMENT REQUEST FOR PROPOSED OF RESTRICTI❑NS REQUIRED BY OTHER ASS❑CIATI❑NS OR AGENCIES.
BEACH ACCESS WALKWAY AND DECK THE MERIDIAN SOURCE OF THIS
DRAGAS, L❑UIS W. & JENNIFER L. TH OF PLAT IS BASED ON THE VIRGINIA
500 S, ATLANTIC AVE,, VIRGINIA BEACH yy��' pr� STATE PLAN C❑ORDINATE SYSTEM, SOUTH ZONE,
GPIN: 2427-30-4948, LOT A, BLOCK 29 ��` NAD, 1983/1993 (HARN), C❑❑RDINATE
CROATAN BEACH CM,B, 37, PG 11 6/9/23 VALUES SHOWN ARE EXPRESSED IN U.S, SURVEY
VIRGINIA BEACH, VA 23451
DATE: JUNE 9, 2023 G. M. DRAGAS a FEET,
LIC. NO. GRAPHIC SCALE
012270 40 0 40 80
DRAGAS ENGINEERING, P,C, ((,,�� i i 1
2248 SUNSTATES CT., STE. 101 �11J,
VIRGINIA BEACH, VA 23451 /ANAL � ' 1 INCH = 40 FEET
TEL: 757,650,9871 SHEET 1 OF 2
REAR PROPERTY LINE 4
EXISTING REAR FENCE & WALKWAY SLOPE = 1 VERTICAL (2) 1X3 RAIL
RETAINING WALL ARE T❑ 8 HORIZONTAL MAXIMUM
INSIDE PROPERTY LINE 2X2 @ 5' ❑/C GUARD
ra 56' A M
Q 3 16' 3' 16' 10' 8' 3
5/4' DECKING
r �
SL❑PE SLOPE SLOP--, < 2X6 @ 16' ❑/C J❑ISTS
w
v 1.8 U 18 UP 0 8 D o N 5/8' DIA. BOLTS (TYP)
--«u o
N WALKWAY '-4' WALKWAY 6X6 PT TIMBER (NOTCH)—*'
CMU WALL DECK 8 FT. MAX, SPACING z
WALKWAY PLAN (PROPOSED) (2) 2X8 GIRDER
1"=20' IT,O, GRADE IM
.III 111= _III 111=
WALK SLOPE = 1 VERTICAL 36' HIGH GUARD & HANDRAIL PER IRC, 2018 - - - - o
TO 8 H❑RIZ❑NTAL PICKETS NOT SHOWN FOR CLARITY :J
WALK WALK
LLEV- +11-541 SLOPE DECK SLOPE
WALK 16' 10' 8'
SLOPE
3' 16' 3
+14.36 WALKWAY SECTI❑N
NOT TO SCALE
+9.87 9.87 +10.06 10.78 +16.62 +12.8 +4.52
6X6 PT POSTS (TYP) 15.15 TOP OF 31' 2X2 PICKETTS
DUNE
WALKWAY & DECK PR❑FILE (PROPOSED)
1"=20'
EXHIBIT 'A'
ENCROACHMENT REQUEST FOR PROPOSED
TH OF
BEACH ACCESS WALKWAY, AND DECK
DRAGAS, L❑UIS W. & JENNIFER L. 6/9/23
500 S, ATLANTIC AVE., VIRGINIA BEACH TYP GUARD DETAIL
GPIN: 2427-30-4948, LOT A, BLOCK 29 G. M. DRAGAS y NOT TO SCALE
CR❑ATAN BEACH (M.B. 37, PG 11 LIC. NO.
VIRGINIA BEACH, VA 23451 012270
DATE: JUNE 9, 2023 �1 GRAPHIC SCALE
DRAGAS ENGINEERING, P,C. FSS/ONAL Ems\
2248 SUNSTATES CT., STE, 101
VIRGINIA BEACH, VA 23451 1 INCH = 20 FEET
TEL: 757.650.9871 SHEET 2 OF 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 day of Iy<AV— 4 , 2023, by
and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and LOUIS W. DRAGAS and JENNIFER L.
DRAGAS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
collectively "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "A" Block "29", as shown on that certain plat
entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO,
VA," Scale: 1" = 100', dated September 10, 1954, prepared by C.A. Bamforth, CLS
which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and
described as 500 S. Atlantic Avenue, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain a 56'
x 4'.4" beach access walkway and a 10' X 10'.4" observation deck, collectively, the
"Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into City-owned property
known as Croatan Beach, the "Encroachment Area"; and
GPIN: 2427-30-8604 (CITY PROPERTY— CROATAN BEACH)
2427-30-4948 (500 S. ATLANTIC AVENUE)
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 PROPOSED BEACH
ACCESS WALKWAY AND DECK, FOR DRAGAS, LOUIS
W. & JENNIFER L., 500 S. ATLANTIC AVE, VIRGINIA
BEACH, GPIN:2427-30-4948, LOT A, BLOCK 29 CROATAN
BEACH, (M.B. 37, P. 11), VIRGINIA BEACH, VA 23451
SCALE: 1" = 40' DATE: JUNE 9, 2023, PREPARED BY
DRAGAS ENGINEERING, 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
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
2
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.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined.
The company providing the insurance must be registered and licensed to provide
insurance in the Commonwealth of Virginia. The Grantee will provide endorsements
3
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 Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or licensed land surveyor, and/or "as built" plans of the
Temporary Encroachment sealed by a registered professional engineer, if required by
either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
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, LOUIS W. DRAGAS AND JENNIFER L.
DRAGAS, the said Grantees, have caused this Agreement to be executed by their
signatures. Further, that the City of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its City Manager and its seal be hereunto
affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
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
Louis W. Dragas
n2_/R/,yLA_j, ���
,d nnifer L. Dr gas
J
STATE OF
CITY/COUNTY F , to-wit:
The foregoing instrument was acknowledged before me this day of
,(�� , 2023, by Louis W. Dragas and Jennifer L. Dragas, husband and
wife.
(�ko av 0 V SEAL)
Notary u lic
Notary Registration Number: M9G911 ASHLEY RENEE JANECH&
NOTARY PUBLIC
My Commission Expires: MC s_A 3 (. '?�02(o REG. #7770977
COMMONWEALTH O I
W COMMISSION EXPIRES
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
aH
AND FORM
A I J'.� - ef�_�
P BL C WOR S EAL ESTATE YER
SENIOR CITY ATTORNEY
7
LOT 10A
N/F
FWM RESIDENTIAL PROPERTIES LLC CITY OF VI IGINIA
BEACH '
GPIN;2427-31-4083 N "CR❑ATAN B ACH" o INST# 2008081000907580 I GPIN: 2427$0-8604
N770 40'57'E 215.00' M,B. 24, PG. 97 l u
0 Co N770 40'57'E 215,00' - 0�1 ti� O O� z
u' LOT 10 w ti `ti ti 11
i 3:N/F 2-STORY #500 o ` � '1
1i 06
o L❑UIS & OPEN 3-STORY o o
Ln
� 1
y- ONF JENNIFER INTERI❑R DWELLING
' -;DRAGAS GARAGE 0 N 56 1 <b w
3 N GPIN: 2427-3 -4948 �- -� '~" `
w z IN 20170817000704670 _ N
' o z in S770 40'57'W 215.00' ----= �s N �� ti tib ti0 w
Ln > LOTS 9 & 19, BLOCK 29 , in ROPOSED PR❑P❑SED -i
'<v N/F ' WALKWA 10, X 10,
z < GORDON, JEFFREY R. I DECK Q
Q � > C3 AND PAMELA M. 1 z
Q Q GPIN 2427-30-4911 ' N
U � INST# 202103091843 50' 50'
z = INGRESS/EGRESS WORK AREA
Q u EXHIBIT NOTES EASEMENT EASEMENT
~ r 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT.
Q J
a 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY,
= w
Ly
~ L 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS
00 COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN
HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY,
EXHIBIT 'A' 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION
ENCROACHMENT REQUEST FOR PROPOSED OF RESTRICTI❑NS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES,
BEACH ACCESS WALKWAY AND DECK THE MERIDIAN SOURCE OF THIS
DRAGAS, LOUIS W. & JENNIFER L. Z,'TH OF PLAT IS BASED ON THE VIRGINIA
500 S. ATLANTIC AVE., VIRGINIA BEACH gyp' L
GPIN: 2427-30-4948, LOT A, BLOCK 29 j� STATE PLAN COORDINATE SYSTEM, SOUTH ZONE,
GPI O � NAD, 1983/1993 (HARN), C❑❑RDINATE
VIRGINIA BEACH, V VA 23451 ATAN BEACH ( B. 37, PG 11 6/9/23 VALUES SHOWN ARE EXPRESSED IN U.S. SURVEY
VIRGINIA
DATE: JUNE 9, 2023 v0 G. MDGAS a FEET,
IC. NO
012270 GRAPHIC SCALE
DRAGAS ENGINEERING, P.C. 40 0 40 80
2248 SUNSTATES CT., STE. 101 I I
VIRGINIA BEACH, VA 23451 FSS/ONAL E '�
TEL: 757,650.9871 1 INCH = 40 FEET SHEET 1 OF 2
REAR PROPERTY LINE 4'
EXISTING REAR FENCE & WALKWAY SLOPE = 1 VERTICAL (2) 1X3 RAIL
RETAINING WALL ARE T❑ 8 HORIZONTAL MAXIMUM
INSIDE PROPERTY LINE 2X2 @ 5' ❑/C GUARD
a 56' A
3� 16' 3' 16' 10' 8' 3 5/4" DECKING
SLOPE SLOPE L❑P `r Q ^ I 2X6 @ 16" ❑/C J❑ISTS
w 18 U 1:8 UP o I V
o
8 D o 5/8' DIA, BOLTS (TYP)
N WALKWAY '-4' WALKWAY 6X6 PT TIMBER (N❑TCH)
CMU WALL DECK 8 FT, MAX, SPACING
WALKWAY PLAN (PROPOSED) (2) 2X8 GIRDER
1'=20' T.O. GRADE
=III III= =III III= o
WALK SLOPE = 1 VERTICAL 36' HIGH GUARD & HANDRAIL PER IRC, 2018 = = Z
TO 8 H❑RIZ❑NTAL PICKETS NOT SHOWN FOR CLARITY
ELEV +1 4 SLOPE DECK SLOPE z
WALK 16' 10 8'
SLOPE
3' 16' 3
+14.36 WALKWAY SECTION
NOT TO SCALE
+9.87 9,87 +10.06 10.7871. +16,62 +12.8 +4,52
6X6 PT POSTS (TYP) ,15 TOP ❑F 3� 2X2 PICKETTS
DUNE
WALKWAY & DECK PROFILE (PROPOSED)
1"=20'
EXHIBIT "A" Z,TH OF G �'
ENCROACHMENT REQUEST FOR PROPOSED
BEACH ACCESS WALKWAY, AND DECK o
DRAGAS, L❑UIS W. & JENNIFER L. 6/9/23
500 S, ATLANTIC AVE„ VIRGINIA BEACH '� TYP GUARD DETAIL
GPIN: 2427-30-4948, LOT A, BLOCK 29 U G. M. DRAGAS a NOT TO SCALE
CR❑ATAN BEACH (M.B, 37, PG 11 LIC. NO.
VIRGINIA BEACH, VA 23451 012270
DATES JUNE 9, 2023 GRAPHIC SCALE 0
1 20 40
DRAGAS ENGINEERING, P.C. � /0►vAL '\
2248 SUNSTATES CT., STE. 101 nm�
VIRGINIA BEACH, VA 23451 1 INCH = 20 FEET
TEL: 757.650.9871 SHEET 2 OF 2
44
ITEM— VI.L12
ORDINANCESMESOL UTIONS
ITEM#75002
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BYCONSENT,Ordinance to ACCEPT and APPROPRIATE$1,122,737.36 and an additional$22,227.37
from the Federal Emergency Management Agency(FEMA) to the FY2023-24 Fire Department Operating
Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2) re Tropical Cyclone
Idalia in Florida
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
November 21, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FOR THE MOBILIZATION OF VIRGINIA TASK
3 FORCE 2 FOR TROPICAL CYCLONE IDALIA IN
4 FLORIDA
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1) $1,122,737.36 is hereby accepted from the Federal Emergency Management
10 Agency (FEMA) and appropriated, with federal revenue increased accordingly,
11 to the FY 2023-24 Operating Budget of the Fire Department for the mobilization
12 of Virginia Task Force 2 for Tropical Cyclone Idalia in Florida.
13
14 2) $22,227.37 is hereby accepted from FEMA and appropriated, with federal
15 revenue increased accordingly, to the FY 2023-24 Operating Budget of the Fire
16 Department for the administration of Virginia Task Force 2's mobilization to
17 Florida.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 st day
of November , 2023.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services torney's Office
CA16368
R-1
November 8, 2023
45
ITEM— VI L13
ORDINANCESIRESOL UTIONS
ITEM#75003
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $158,477 from the Federal Emergency
Management Agency (FEMA) to the FY2023-24 Fire Department Operating Budget re costs associated
with equipment needed for the Virginia Task Force 2 Team (VA-TF2)
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
November 21, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS TO SUPPORT THE COST OF EQUIPMENT
3 FOR THE VIRGINIA TASK FORCE 2 TEAM
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $158,477 is hereby accepted from the Federal Emergency Management Agency
9 (FEMA) and appropriated, with federal revenue increased accordingly, to the FY 2023-24
10 Operating Budget of the Fire Department for the costs associated with equipment needed
11 for the Virginia Task Force 2 Team. Nothing herein shall obligate the City to replace any
12 equipment purchased with FEMA funds.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day
of November 2023.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
L-X"'
B dget and Management Services ttorney's Office
CA16369
R-1
November 8, 2023
46
ITEM— VI L14
ORDINANCESIRESOL UTIONS
ITEM#75004
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$119,519.48 and an additional$3,390.39
from the Federal Emergency Management Agency (FEMA) to the FY2023-24 Fire Department Operating
Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2) re Tropical Cyclone
Lee in New Hampshire
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
November 21, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FOR THE MOBILIZATION OF VIRGINIA TASK
3 FORCE 2 FOR TROPICAL CYCLONE LEE IN NEW
4 HAMPSHIRE
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1) $119,519.48 is hereby accepted from the Federal Emergency Management
10 Agency (FEMA) and appropriated, with federal revenue increased accordingly,
11 to the FY 2023-24 Operating Budget of the Fire Department for the mobilization
12 of Virginia Task Force 2 for Tropical Cyclone Lee in New Hampshire.
13
14 2) $3,390.39 is hereby accepted from FEMA and appropriated, with federal
15 revenue increased accordingly, to the FY 2023-24 Operating Budget of the Fire
16 Department for the administration of Virginia Task Force 2's mobilization to
17 New Hampshire.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day
Of November , 2023.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
dget and Management Services ttor e s Office
CA16366
R-1
November 8, 2023
47
ITEM— VI.L15
ORDINANCESIRESOL UTIONS
ITEM#75005
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$9,686from the Commonwealth of Virginia
to the FY2023-24 Voter Registration and Elections Operating Budget refund salary adjustments approved
by the General Assembly
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
November 21, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 FUNDS FOR SALARY ADJUSTMENTS FOR THE VOTER
3 REGISTRAR AND LOCAL ELECTORAL BOARD
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $9,686 is hereby accepted from the Commonwealth and appropriated, with
9 revenue increased accordingly, to the FY 2023-24 Operating Budget of Voter Registration
10 and Elections to fund salary adjustments approved by the General Assembly.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day
of November 2023.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
J
k ----
_r�
Budget and Management Services City' t ney's Office
CA16370
R-1
November 8, 2023
48
ITEM— VI.L16
ORDINANCESIRESOL UTIONS
ITEM#75006
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to TRANSFER$573,734 from the Tourism Investment Program(TIP)fund to
the FY2023-24 Emergency Medical Services Operating Budget re contract for beach lifeguard services
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
November 21, 2023
1 AN ORDINANCE TO TRANSFER $573,734 FROM THE
2 TOURISM INVESTMENT PROGRAM FUND TO SUPPORT
3 THE CONTRACT FOR LIFEGUARD SERVICES
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $573,734 is hereby transferred from the Tourism Investment Program Fund to the
9 FY 2023-24 Operating Budget of the Department of Emergency Medical Services to allow
10 the execution of a contract for beach lifeguard services.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day
of November 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and anagement Services �Ithey's Office
CA16365
R-1
November 8, 2023
49
ITEM— VT J.1
PLANNING ITEMS ITEM#75007
The following registered to speak.-
Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT
James Haynie, spoke in SUPPORT
Susie Rice, 2409 Millwood Road, Phone: 651-6151, spoke in OPPOSITION
Julia Cherry, 2408 Cedar Bark Road,Phone: 639-6745, spoke in OPPOSITION
Amanda Albert, 217 Gatewood Avenue, Phone: 751-7590, spoke in OPPOSITION
Martha Thereault, 4311 Black Beard Road, Phone: 287-2808, spoke in OPPOSITION
Lucas Gordon, 1812 Kathleen Court, Phone: 690-4715, spoke in OPPOSITION
Windy Crutchfield, 4016 Rampart Avenue, Phone: 646-8056, spoke in OPPOSITION
Rona Marsh, 4382 Lynnville Crescent, Phone:270-7900, spoke in OPPOSITION
Christopher Savvides, 14055 South Twin Lake Road, Phone: 7399-5500, spoke in OPPOSITION
Derrick Copeland, President of Great Neck Civic League, 1513 Selden Street, Phone: 318-207-0118,
spoke in OPPOSITION
Becky Valodin, 2401 Millwood Road, Phone:239-7184, spoke in OPPOSITION
Upon motion by Council Member Ross-Hammond, seconded by Vice Mayor Wilson, City Council
REFERRED BACK TO PLANNING COMMISSION, application of WYCLIFFE PRESBYTERL4N
CHURCH for a Modification of Conditions to a Conditional Use Permit re religious use at 1445 North
Great Neck Road, 2307 Millwood Road and parcel between 2307 and 2309 Millwood Road DISTRICT 8
(Deferred from October 17, 2023)
Voting: 9- 1
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, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
Chris Taylor
Council Members Absent:
None
November 21, 2023
50
ITEM— VLK
APPOINTMENTS
ITEM#75008
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS
CHESAPEAKE BAYAREA PRESER VA TION BOARD
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
DEFERRED COMPENSATION BOARD
GREEN RIBBON COMMITTEE
HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION
HEALTH SERVICES AD VISOR Y BOARD
HISTORIC PRESERVATION COMMISSION
IN-HOUSE PHARMA CY EXPLORA TOR Y COMMITTEE
MILITAR Y ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW BOARD
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PLANNING COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION
SENIOR SERVICES OF SOUTHEASTERN VA BOARD
URBAN A GRICUL TURE ADVISORY COMMITTEE
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
11IRGINL4 BEACH COMMUNITY DEVELOPMENT CORPORATION
VIRGINIA BEACH VA250 COMMITTEE
WETLANDS BOARD
November 21, 2023
51
ADJOURNMENT
ITEM#75009
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED(it 8:36 P.M.
Terri a ius
Chief Deputy City Gerk
AqqWda Barnes,AWC Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
November 21, 2023