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Home My WebLink AboutAPRIL 16, 2024 FORMAL SESSION MINUTES n'IA-A d OUR k0' VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia APRIL 16, 2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,April 16, 2024, at 12:00 P.M. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None CITY CO UNCILS BRIEFING AHEAD EASTERN VIRGINIA MEDICAL SCHOOL (EVWS)STUDY 12:02 P.M. Mayor Dyer welcomed Dr. Hamid / i Associate i for and Gerontology, Dr. Ethlyn Gibson, DNP, MSN, Research Scholar, Department ofPediatrics and Dr. Bahar Niknejad, Dr. Okhravi expressed his appreciation i City Councilforcontinued iii Facts You Should Absolutely Know about Alzheimer's Disease !�aTEAli �� JDY _�,.:IVI—Eastern Virginia Medical School DR ETHLYN MCOUEEN-GIBBON,DNP,MSN.RN-BC NORFOLK STATE UNIVERSITY DR HAMID OKHRAVI.MD EASTERN VIRGINIA MEDICAL SCHOOL EASTERN VIRIGINEA MEDICAL SCHOOL Virginia Beach City Council April i6, 2024 Outline • Dementia vs. Alzheimer's vs. normal forgetfulness • Clinical trials •AHEAD Study; a prevention clinical trial A. AHEADCITY COUNCILS BRIEFING EASTERN VIRGINIA MEDICAL SCHOOL What is Cognition? — Brain Health • The process of knowing,being aware,thinking,learning and judging • Memory is important • Cognition also includes: ,,� •Attention •Language ''I •Executive function(mental skills that help an individual plan,monitor, and successfully execute their goals •Visuospatial skills. Here is i comparison ofNormal Aging and Dementia: How Normal Aging and Dementia Compare? Dementia • Making a bad decision once in a while • Poor judgement and decision making inab�7ity to manage budget or handle • Missing a monthly payment finances • Forgetting which day it is but remembering • Losing track of the day or the season later • Difficulties having a conversation • Sometimes forgetting which word to use • Misplacing or losing items frequently • Occasionally losing things Dementia: Impaired ability to remember,think,or make decisions that interferes with doing everyday activities April 16, 2024 4 CITY COUNCILS BRIEFING AHEAD EASTERN VIRGINIA MEDICAL SCHOOL (EVMS)STUDY ITEM#75518 (Continued) Here are the different types of Dementia: ementia Frontotemporal Parkinson's Dementia Dementia Vascular Lewy Body Dementi i Alzheimer's Dementia Here are the Hallmarks ofAlzheimers Dementia(AD)Pathology: Hallmarks of Pathology Amyloid plaques:AmAoid deposition Neurodegeneration April 16, 2024 CITY COUNCILS BRIEFING ITEM AHEAD EASTERN VIRGINIA MEDICAL SCHOOL (EVMS)STUDY The image on the bottom of the slide shows signs ofAlzheimerDisease: �rnuicic, hippuc:unpu. 1 ,11,Ir,•im . Subjective Cognitive Decline (SCD): Who Should Seek Medical Evaluation? •Age of onset > 6o years • Perception that performance is worse than peers • Persistence or worsening of SCD over time •Confirmation of decline by an informant •Family history of dementia or Alzheimer's • Multiple cardiovascular risk factors April 16, 2024 CITY /UNCILS BRIEFING EASTERNAHEAD ISCHOOL ITEM ,i Amyloid PET imaging and spinal tap testing has a 90010 accuracy rating: How Do We Differentiate Between Normal and Abnormal Cognitive Decline? •Obtaining comprehensive history from patients and informants • Pen and paper memory test(Neuropsychologicaltestfng) • Brain imaging: • MRI • Amyloid PET imaging(over 90%accuracy) • Spinal tap • Alzheimer's disease biomarkers(over 90%aceuracy) Amyloid PET Imaging a Not covered by Medicare or other insurers • Cost:Stok • Diagnostic accuracy:go-95% • Available free of charge in several studies(AHEAD Study,New �� " IDEAS,REPHRASE) Ncgatit•c am}•loid imaging Alzheimer's disease April 16, 2024 7 CITY COUNCILS BRIEFING AHEAD EASTERN VIRGINL4 MEDICAL SCHOOL (EVMS)STUDY ITEM#75518 (Continued) Dr. Okhravi turned the presentation over to Dr. Gibson. CLINICAL TRIALS Here are the 2021 Alzheimer Disease Facts and Figures: AM OVER 0 /hhameri DISEASE FACTS ANDFIGURES xW aNnr Mm¢ntias . wil cros�M nxion $35581LLION $1�1 MILLION TRI4IJON THAN drm��are�>h°hx,e 6 •A• during the COVID-19 a of Blxk W Nxve el Nslvni� Amesiuns AmarisXs Amencros Amenc�ns BILLION April 16, 2024 CITY COUNCILS BRIEFING AHEAD EASTERN VIRGINIA MEDICAL SCHOOL GENDER, RACIAL & ETHNIC DISPARITIES IN ALZHEIMER'S PREVALENCE 8r TRIALS Older BlackHispanic Americans are Ethnoracialgroups have been historically disproportionately more Almost two-thirds of likely than older Whites underrepresentedin clinical studies, ith to _ _ _ underscoring the need for r's or 1zh_ _r's are women. other _ntiaq more diversity in dementia research. The nextfew Fede entl Figures 20T t slidesprovide details on the benefitsI Clinical Trials: What is a Clinical Trial? A clinical trial is part of clinical research and at the heart of all medical advances Looks at new ways to prevent, detect, or treat disease The goal of a clinical trial: To determine if a new test or treatment works and is safe Can also look at other aspects of care,such as improving the quality of life for people with chronic illnesses such as Alzheimer's April 16, CITY COUNCILS BRIEFING AHEAD EASTERN VIRGINIA MEDICAL SCHOOL (E VMS)STUDY Reasons to Participate in Clinical Trials To help others and to contribute to moving science forward To help others, but also to possibly receive the newest treatment and to have the additional care and attention from the clinical trial staff Clinical trials offer hope for many people and an opportunity to help researchers find better treatments for others in the future Things You Should Know/Ask Before Joining a Clinical Trial • What is the purpose of the study? • How long the study last and what will be my responsibilities? • How are safety of participants being monitored? • How long the study last and what happens after that? • What are my possible short-term&long-term benefits/risks? • What kind of therapies or tests will I have during the study? • W�71 I have to pay for the study drugs or tests? • How is safety and privacy protected? April 10 CITY CO UNCILS BRIEFING AHEAD EASTERN VIRGINLI MEDICALSCHOOL Tips for Asking Your Doctor About Trials • Consider taking a family member or friend along for support and for help in asking questions or recording answers • Plan what to ask—but don't hesitate to ask any new questions •Write down questions in advance to remember them all •Write down the answers so that they're available when needed Dr Gibson , , Dr. Niknejad. Alzheimer s Disease Prevention Trial 11 CITY COUNCILS BRIEFING AHEAD EASTERN VIRGINL4 MEDICAL SCHOOL (EVMS)STUDY ITEM#75518 (Continued) Alzheimer's Disease Spectrum A AD Dementia MCI AD • StudyPreclinical AD The AHEAD Study tests if a new treatment delays memory decline in people with Preclinical AD: AHEAD 1 prevention called the AD Study is testing whether - new treatment delays AHEAD memorydecline in people • to 20STUDY years before sym• •ms appe Why / years? April 16, 2024 12 CITY COUNCILS BRIEFING AHEAD EASTERN 117RGINIA MEDICAL / / STUDY Preclinical AD (Before Symptoms Start): The AHEAD Study places participants in one(])oftwo(2) trial groups based on amyloid plaque levels: Optimal for More Effective Treatment • It is possible to accurately identify AD at the preclinical stage prior to substantial irreversible damage to our brain • i.e., elevated brain amyloid plaques with no symptoms • Intervention prior to dementia stage(irreversible brain cell loss)may have better chance of changing clinical course •Think about what happens in other disease processes such as cancer,... if we wait to treat until after symptoms appear? AHEAD Study: Two Different Clinical Trials • Study participants are enrolled in one of two AHEAD trials based on the level of amyloid plaques in their brain: • AHEAD A3 Trial: •Participants with intermediate level of amyloid plaques •The first ever trial aimed at stopping the earliest signs of AD •Participants w�71 receive I.ecanemab once every 4 weeks for 4 years • AHEAD A-45 •Participants with elevated level of amyloid plaques •Will receive I.ecanemab once every 2 weeks for about 2 years and then once every 4 weeks for the remainder of the study April COUNCILS13 CITY ' SCHOOLAHEAD EASTERN VIRGINIA MEDICAL AHEAD Study Organizers & Sites Here • Funded by: • National Institute of Health • Several philanthropic organizations • Eisai • Sites: • ioo sites,including 75 North American sites • Eastern Virginia Medical School(EVMS)is an active site are afew reasonsI Study is unique: First of Its Kind to: • Enroll participants as young as 55 Y�� old who are at risk of developing symptoms of AD as they get older ,,,; • Target the earliest changes in the brain due to AD by enrolling participants with ,,�,' intermediate levels of brain amyloid plaques • Tests an investigational treatment that 1 has been shown to slowing the memory loss in people with symptoms of AD April 16, 2024 EASTERN14 CITY COUNCILS BRIEFING AHEAD / SCHOOL Lecanemab Treatment in a Research Participant with Amyl Alzheimer's Disease • • PET Scan Pre-investigational Post-Investigation a I Treatment Treatment Who is Eligible? • Adults,ages 55-80 • Have not been diagnosed with Alzheimer's disease,but may be worried about memory loss in the future • Agree to a four-year commitment • Have a study partner 44 April 2024 15 CITY COUNCILS BRIEFING AHEAD EASTERN VIRGINIA MEDICAL SCHOOL (EVMS)STUDY ITEM#75518 (Continued) Dr. Niknejad turned the presentation over to Dr. Gibson to provide the summary: • • • ••6 1W low: _ SERTARA YARTRERSRIP Questions .,. Mayor Dyer expressed his appreciation to Dr. Okhravi, Dr. Gibson and Dr.Niknejad for the presentation. April 16, 2024 16 CITY COUNCIPS DISCUSSION COLLECTIVE BARGAINING ITEM#75519 12:30 P.M. Mayor Dyer opened the discussion regarding Collective Bargaining and asked to go around the table and hear input from each Council Member. Council Member Rouse advised she took notes during the recent public hearing and believes if some of the main questions on the negative side of Collective Bargaining were answered, it may help to find common ground and bring the community together. Council Member Rouse provided the following questions: 1. What problem will Collective Bargaining solve? 2. What management practices will Collective Bargaining do that is different from what the City is already doing? 3. How will the budget be impacted? Council Member Rouse advised there has been concerns raised that Collective Bargaining will cause City Council and the City Manager to lose control over the budget and policy making, and believes if these concerns were addressed and clarified, it will help the discussion goingforward. Council Member Schulman advised he heard from the public the concerns of the Body having their hands tied with the budget and is hopeful this forum will help people have a better understanding. Council Member Schulman advised Virginia Code 40.1-57.2b sets forth the Collective Bargaining options for localities which provides that no ordinance should restrict the governing body's authority to establish the budget or appropriate funds and asked how that reconciles with a labor agreement that may include binding arbitration? Council Member Schulman expressed concern about what is and is not binding in a Collective Bargaining contract and if a situation occurs where an arbitrator or judge makes a decision, can the City be forced to pay or have the ability to reject the decision? Council Member Schulman asked if there are any protections in the event the law changes, and provided the example of the current code which protects the Body's authority regarding the budget. Council Member Schulman also asked if there are any protections if there is a change in the economic conditions such as a terrorist act, recession or another pandemic? Council Member Schulman believes everyone should be clear on the process going forward from here and advised he is aware of a drafted Ordinance that authorizes the City Manager and City Attorney to proceed with drafting either an Ordinance on the Collective Bargaining structure or a labor agreement, both subject to negotiation. Council Member Schulman closed with asking if the estimated set up costs of$900,000 is accurate? City Manager Duhaney advised the set up cost is estimated to be $400,000 and $500,000 annually depending on the type of agreement. Council Member Schulman expressed there are fiscal impacts and believes it is important for the Body to maintain flexibility while also caringfor the workforce conditions and quality of life aspects. April 16, 2024 17 CITY COUNCILS DISCUSSION COLLECTIVE BARGAINING ITEM#75519 (Continued) Council Member Wooten recalled her conversations regarding Collective Bargaining when she was a new Council Member and believes the Body has addressed some concerns but can do more. Council Member Wooten advised she noted three (3) main points from the community meeting she hosted regarding Collective Bargaining: 1. What are the costs to implement Collective Bargaining 2. Collective Bargaining has a face and impacts the lives of staff who are doing the work that progresses the City forward 3. There are diverse perspectives with different facts on both sides and it should be clarified what Collective Bargaining is and is not. Council Member Wooten expressed her support for Collective Bargaining and any type of program that helps staff have an advocate,parity, livable wage to sustain their families and live in this City. Council Member Wooten advised it is important to understand the details of how this decision will impact the City. Council Member Wooten suggested looking at the City of Portsmouth which has agreed to Collective Bargaining and see how they are working toward implementation. Council Member Henley believes if all of the questions asked today are answered then it will address the main issues. Council Member Henley expressed this is a very important decision and cautioned that if the Body decides to go forward with Collective Bargaining, it must done correctly. Council Member Henley advised she would like to know what specific things are not being done now that needs to be done, adding, since she has been on City Council, every City Council has been greatly concerned about doing everything possible for staff. Council Member Henley also requested an overall breakdown of other benefits, besides just salaries, such as health insurance, retirement plans and the circumstances when employees can be let go between private and government sectors. Council Member Remick expressed concern with staffing shortages in the Fire, EMS and Police Departments and how the City competes with the private sectors, who have unions, to hire the best employees. Council Member Remick requested more comparisons ofsalaries and benefits across the board and advised a majority of the questions he has have already been asked but he would like additional information on the following five(5)areas: 1. How does the City compete with private sectors 2. In the case of binding arbitration, who decides and what are the pros and cons of arbitration. 3. How will future changes in laws effect Collective Bargaining 4. The Body's vote on April 30`h will be a "yes or no" on the Ordinance to move forward with drafting an Ordinance for a Collective Bargaining Agreement, but should it pass, what happens if an agreement cannot be reached. 4. What happens if there is a pandemic or recession 5. Is there an employee handbook for all City employees or only for departments or both. April 16, 2024 18 CITY CO UNCIL'S DISCUSSION COLLECTIVE BARGAINING ITEM#75519 (Continued) Council Member Taylor advised there has not been sufficient public input since only a minority of staff and residents have spoken in support or against Collective Bargaining and believes if staff were asked more questions, it may be discovered they want more pay, compensation and safety and further questions may lead to employees expressing they just want to take care of their families. Council Member Taylor advised when he has talked to staff, most have said they are happy working for the City but would like more pay. Council Member Taylor advised he spoke with City Manager Duhaney and was informed the City cannot afford Option A, which was provided to the previous City Council and based on the Step Plan. Council Member Taylor advised the City Manager is on record stating he does not know what the current state of pay is and then directed staff to conduct an assessment for the Fire Department. Council Member Taylor advised the results of that assessment were distributed to the Body on April 12`h and followed up with an email from Max Gonano, who is leading the Collective Bargaining effort, advising the assessment numbers were not correct. Council Member Taylor believes, based on what he has learned, that a market salary assessment is necessary in order to understand the City's current state of pay and make a decision. Council Member Berlucchi advised he would like to just listen to his colleagues today. Council Member Ross-Hammond advised she met with a group of eight(8)staff members and listened to their concerns and provided feedback. Council Member Ross-Hammond advised the group was not happy with the "meet and confer" option. Council Member Ross-Hammond expressed the same concerns regarding arbitrations and the effects of a pandemic, and also believes it is important to have a policy which provides flexibility within a Collective Bargaining Agreement that would protect the City's bond rating. Council Member Ross-Hammond referenced City Manager Duhaney's experience with Collective Bargaining where many staff were laid off and advised this City works hard to prevent layoffs. Council Member Ross-Hammond emphasized if the Body supports Collective Bargaining, it is very important it is implemented the right way and if she is comfortable after receiving answers from all of the questions today, she will support it. Vice Mayor Wilson advised the City has had flexibility in the past situations such as during the great recession in 2008,staff did not receive raises, but none were laid off. Vice Mayor Wilson advised staff also kept their jobs during the pandemic and there are many other situations that have happened when the City has had to act quickly and make decisions and has been successful due in part to having funding and flexibility. Vice Mayor Wilson advised the only one at the table who has had experience with Collective Bargaining is City Manager Duhaney who had to lay off 1,700 employees when the Collective Bargaining Unit could not come to an agreement on salary increases. Vice Mayor Wilson advised they were able to go back to work, but it was not right away and added, that has never happened here. Vice Mayor Wilson advised she has always supported City and School employees and spoke about the Step Plan that helped to address, and will continue to address, pay compression problems. Vice Mayor Wilson advised Mayor Alexander in Norfolk, advised Collective Bargaining could bankrupt the City and is why Norfolk did not April 16, 2024 19 CITY COUNCILS DISCUSSION COLLECTIVE BARGAINING ITEM#75519 (Continued) support it. Vice Mayor Wilson expressed her fears of bankruptcy but will support the meet and confer option and see how that works first. Vice Mayor Wilson asked if City Manager Duhaney would talk about his experience. Council Member Hutcheson advised he understands this is a decisive issue and does not believe scare tactics should be used over empirical data. Council Member Hutcheson advised he has a few bullet points he would like to share to address some of the concerns raised. Council Member Hutcheson referenced a study that provided if retention was increased by 3016, it would provide $1-Million in annual savings and would cover the costs associated with Collective Bargaining. Council Member Hutcheson advised there were 622 employees who left the City in 2022 and had twenty (20) or thirty (30) of them been retained, couple with the savings of the hiring process, that would roughly total $4.5-Million in savings. Council Member Hutcheson referenced concerns citizens shared during the Public Comment pertaining to the Union President salary, and advised the salary is based on the number of people in the Union and would never be comparable to the auto union who have thousands of members, or even as much as the City Manager or Fire Chief are paid. Council Member Hutcheson advised there are approximately 5,000 long shoreman who are Union members, with a majority of them who are republicans who live in the City, and expressed he does not understand why Collective Bargaining is a partisan issue. Council Member Hutcheson addressed the Fire Department salaries and explained even with the numbers not lining up, there's not enough of a difference to make the City have the highest salary among the surrounding cities. Council Member Hutcheson expressed his frustration over the$4-Billion in revenue generated at the Ocean Front and why all staff are not receiving the highest salaries. Council Member Hutcheson advised a Collective Bargaining Agreement is signed once every three(3)to five(5)years and sets the salary for that time frame which is actually less work and by having the money dedicated from the beginning of the budget, puts employees first, before roads,parks and tourists. Council Member Hutcheson addressed the concerns of strikes and advised the Fire Department could have a "sick-out"now, if Max called ten (10)people and they all called ten(10)people and they all called out sick, it would cripple the Department, but it has never happened and does not believe it will. Council Member Hutcheson advised "meet and confer" happens now and does not believe it is a clean process and is dysfunctional and therefore will not support it if that is the option. Mayor Dyer asked City Manager Duhaney if he would like to comment. City Manager Duhaney advised Collective Bargaining has pros and cons and is a decision the Body will have to make. City Manager Duhaney advised it would be difficult for him to provide the costs since the costs are determined by the contract and stated this Body has been the most generous City Council he has ever worked with; while there were no raises during the pandemic, the following year staff received bonuses, Public Safety received an 8.5%salary increase, the general workforce received a 5%increase, funding was provided for a market salary survey and the Step Plan was implemented. City Manager Duhaney advised this year there are several obligations competingfor the limited available resources,such April 16, 2024 20 CITY COUNCILS DISCUSSION COLLECTIVE BARGAINING ITEM#75519 (Continued) as Flood Protection, Storm Water, School Modernization and many others and Collective Bargaining would limit the flexibility the Body has now. Mr. Duhaney agreed with the current process where Union Presidents Max Gonano for Fire and Brian "Lucky" Luciano for Police, bring him initiatives and/or requests and if he in support, he forwards it on to the Body for consideration and if he is not in support, he does not take it forward, at which point the Union Presidents reach out to Council Members directly. Mr. Duhaney advised staff would like to ensure they are heard and have a type of formalized agreement that ensures it will be followed. City Manager Duhaney shared his experience as City Manager in Cincinnati, advising there were nine or ten Collective Bargaining Units and during the pandemic there was a need to not activate required raises in order to balance the budget, but the Units did not agree, and staff had to be laid off in order to balance the budget. City Manager Duhaney agreed with Council Member Hutcheson in that there is stability during the contract period whereas now, the Union Presidents inundate him and the Body with requests and if there was a contract, they would have to wait until the contract is up for negotiation. City Manager Duhaney advised the Body will have to decide which way to go and he and City Attorney Stiles will remain available to answer any questions. Council Member Schulman advised Collective Bargaining is not all about money, explaining he has received feedback on issues where policies are not applied the same to staff and believes it is less about money and more about taking care of staff Mayor Dyer advised this is very important decision as it will affect taxpayers in perpetuity. Mayor Dyer shared his experience during a ride a long with the Police Department when he was first elected to City Council and how it impacted him and made him a champion for Public Safety. Mayor Dyer expressed his concern for this budget, as it is the most challenging he has seen in over twenty(20)years, and the timing of Collective Bargaining while sharing his understanding and respect for Police and Fire employees. Mayor Dyer advised when he attended the meeting with the Mayors in surrounding cities, many of them expressed grave concerns about implementing Collective Bargaining. Mayor Dyer suggested implementing an enhanced meet and confer process and evaluate how well it works and believes the funding that would be needed for initial setup costs could be used to help fill vacancies in the Fire Department. Mayor Dyer emphasized the importance for the Body to continue to collaborate to find a balance in addressing staffs salary and benefit concerns while meeting current financial obligations and believes over the next couple of weeks with three (3) more Public Hearings, there will be additional data points to help the Body come to a decision. April 16, 2024 Mayor21 CITY MA NA GER'S BRIEFINGS COMMERCIAL VEHICLE PARUNG Dyer welcomed L.J. Hansen, Director i irks. Mr. Hansen expressed his appreciation City Councilfor their continued iii Commercial Vehicle Parking lop Here is the on City Streets April 16,2024� U Hansen VIRGINIA �. BEACH Background: Background • The issue of overnight commercial vehicle parking on City streets comes up regularly. • Each situation differs slightly but there are some common elements. • City staff often find themselves in between different viewpoints and between differing needs and desires. • No action is being requested of City Council at this time. April 22 CITY AIANA GER'S BRIEFINGS COMMERCIAL VEHICLE PARUNG Here is, "Lampl Ave—A Case Study Lampl Ave — A Case Study • Citizens from the Birchwood community have been in contact with Here is a map depicting the area around Lampi Avenue: LANPL AVE 02 LAC V City since 2021 regarding commercial vehicle parking on Lampl Ave • Members of the community would like to see commercial vehicles prohibited on Lampl • Public Works continues to work with Police and the community to understand how best to meet varying needs at this location. va Area Information 1 23 CITY MANAGER'S BRIEFINGS COMMERCIAL VEHICLE PARKING ITEM#75520 (Continued) � M L t w 1 April 16, 2024 ua Lampl Ave. • 36 feet wide Collector Road • Abuts B-2 & Residential Uses • Accident history low -4 in 5 years • 2019—2 crashes • 2020—0 • 2021—0 • 2022—1 • 2023—1 • 2024*-0 • All accidents were collisions with parked vehicles—Property damage only ve . • 25 CITY MANA GER'S BRIEFINGS COMMERCIAL VEHICLE PARKING The nextfew slides provide relevi Ordinances: Existing Ordinances April 16, 2024 •VB City Code Sec. 16-41.1 : Removal,storage and sale of certain unattended vehicles—Generally(emana5i5aadedl (aJ Any law enforcement officer or other uniformed employee of the police deportment as authorized by the Chief of Police or designee may have removed for safekeeping any motor vehicle,trailer,semitrailer or part or combination thereof if. (1)It is left unattended or has been involved in an accident on a public highway or other public property and impedes the flow of traffic: (Z)It is illegally parked; (3)It is lek unattended for more than ten I101 days either on public orooerty or on private property without the permission of[he property owner,lessor or occupant; (4)It is immobilized on a public highway by weather conditions or other emergencysituation; (6)It is lek abandoned on a oublic hiahwav or other public property.For the purposes of this section,it shall be presumed that a vehicle or part thereof is abandoned if(a)it lacks either a current license plate,or a current county,city or town license decal,or o valid state safety inspection decal nd b)it has been in a specific location for four(4l days without being moved,'or (6)It is designated for removal by the code enforcement administrator as provided by Section 16-40(e). VB Existing Ordinances — Cont'd •VB City Code Sec. 16-41.1 : Parking of Commercial Vehicles tEmanesiseddedl (a)"Commercial vehicle"is defined as a loaded or empty motor vehicle,trailer,or semitrailer designed or regular)y used for carrying freight,merchandise,or more than ten(10)passengers, including buses,but not school buses. (b)Parking of a commercial vehicle in residential or apartment zoning districts shall be prohibited,except that: (1)One commercial vehicle of one ton or less in carrying capacity and which does not exceed seven(7)feet in height or twenty(20)feet in length may be parked on any lot where there is located a main building owned or occupied by a resident of the premises; (2)Commercial vehicles during the normal conduct of business or in the delivery or provision of service to a residential area are allowed; (3)The parking of semitrailers for commercial or industrial storage is permitted on bona fide construction sites. VB Existing Ordinances - Contd •VB City Code Sec. 16-41.2 : Parking and storage of recreational equipment (Emahasis addedl •(a)"Recreational equipment"is defined as any equipment,used for transporting people or property in connection with recreation and designed for temporary occupancy,including,but not limited to,jet skis,boats and similar recreational equipment,trailers,campers,motor homes or similar vehicles or racing vehicles,off road vehicles or the trailer or other device used to haul or move such equipment. •(f)No recreational equipment shall be parked in any public street or public right-of-way for more than three 131 hours VB PW Director's Authority •VB City Code Sec. 21-300: General Authority of Director of Public Works as to Parking(Emunasisaadedt (a) Notwithstanding any provisions of this Chapter,the Director of Public Works is hereby authorized, when in his judgement it is in the public interest so to do, to set apart on any of the streets of the city spaces for loading and unloading merchandise,bus stops and other places in which no General parkins shall be 26 CITY AlANA GER'S BRIEFINGS COMMERCIAL VEHICLE PARKING ITEM#75520 Here is the Public Work Director Authority relating to parking: permitted,and he is further authorized to set aside spaces in which ap rkina time shall be further limited or prohibited.Such action shall not be effective, unless signs or other markings are present within or near such spaces,so as to apprise an ordinarily observant person of such parking prohibitions or regulations.It shall be unlawful for any person to fail to comply with the requirements of signs or other markings. V_ April State Code � 46.2-1222.2. Local ordinances prohibiting parking of certain vehicles. (Emphasis addedl 27 CITY MANA GER'S BRIEFINGS COMMERCIAL VEHICLE PARUNG The governing body of any county, city, or wi ll may by ordinance limit to no more than two hours the lenath of time of parkina on streets, adjacent to commercial business areas, of vehicles with cross weights in excess of 12,000 pounds or lengths of 30 feet or more, unless such vehicles are actively engaged in loading or unloading operations or Mayor waiting to be loaded or unloaded or are engaged in or preparing to engage in utility or similar service work. ve Questions - Discussion Dyer expressed his appreciation to Mr Hansenfor the presentation. 28 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HEALTH DEPARTMENT ITEM#75521 2:07 P.M. Mayor Dyer welcomed Dr. Caitlin Pedati, Director — Virginia Beach Public Health Department. Dr. Pedati expressed her appreciation to City Council for their continued support: pposeALBudget Chief Operations Here is the Organization Summary: Organization Summary Number of Vivisions Total FY 2024-25 Budget 7.00 4 $4,260,366 April 16, 2024 29 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HEALTH DEPARTMENT ITEM#75521 (Continued) FY 2024-25 Programmatic Budget PROPOSED Healthy Families, Local Match, '365,281,9% $3,194,870,75i Dentrl, $497,090, 3.2% _Lab,$146,151,3% c74 11c Here is the Department Operating Budget: Department Operating Budget , . Amended FTE Proposed FTE Healthy Families $366,521 - $365,281 - $(1,240) (0.3%) Dental $485,910 - $497,090 - $11,180 2.3% Lab $136,829 - $146,151 - $9,322 6.8% Senior Services $128,822 - $56,974 - ($71,848) (55.8%) Local Match $2,834,120 - $3,194,870 - $360,750 12.7% Total $3,952,202 8 $4,760,366 7 $308,164 7.8% April 16, 2024 30 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HEALTH DEPARTMENT ITEM#75521 (Continued) The next two (2)slides provide Major Changes&Initiatives: Major Changes & Initiatives • Community Health Needs Assessment • Public Health Recovery and Response • Workforce and Infrastructure Grant • Pediatric Dental Services • Public Health Laboratory Services • Healthy Family Programs Public Health Service Updates • Increased Routine Immunizations • Back to School Vaccinations • Statewide outbreak of Neisseria Meningitidis • Aging in Place Foundational _ Public Health Services Framework •PNA® Mayor Dyer expressed his appreciation to Dr. Pedati for the presentation. April 16, 2024 31 CITY MANAGER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HUMAN SERVICES ITEM#75522 2:19 P.M. Mayor Dyer welcomed Aileen Smith, Director. Ms. Smith expressed her appreciation to City Council for their continued support: Here is the Organization Summary: Organization Summary 1183.31 4 $151,368,913 April 16, 2024 32 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HUMAN SERVICES ITEM#75522 (Continued) FY 2024-25 Programmatic Budget — All Funds PROPOSED EXPENDITURES .,nn.od Administration includes Continuous Quality Improvement and Business Management Services FY 2024-25 Revenue Budget — All Funds PROPOSED REVENUE funn R+Wnee,2%,710,0! .. Tranrlen,1,007 ,_S 1% April 16, 2024 33 CITY MANAGER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HUMANSERVICES ITEM#75522 (Continued) Here is the Department Operating Budget: Department Operating Budget t t Amended FTE Proposed FTE Administration $10,110,487 104.57 $10,610,140 104.57 $499,653 5% Behavioral Health and Developmental Services(BHDS) $72,972,612 686.69 $74,411,605 676.18 $1,438,993 2% Social Services $60,350,830 402.S6 $66,347,168 402.56 $5,996,338 10% Total $143,433,929 2193.82 $151,368,913 1183.31 $7,934,984 6% 1, The next two (2) slides provide Accomplishments and Initiatives Underway in Behavior Health Departmental Services: Accomplishments in BHDS Pembroke 6-51°Floor Expansion of Services • Consolidation of multiple Behavioral Health Services at one location • Same Day Access for over 1,200 individuals Expansion of Youth Services • Rapid Response launched in Elementary Schools • Provides onsite behavioral health screening,assessments,and referrals • 138 youth served to date Launched Integrated Pharmacy Services on November 61° • Westwood Pharmacy is co-located at the Magic Hollow Service Center Medication packaging services provided for ICFs,Group Homes and ACT • Increases accessibility and safety through streamlined ordering,packaging&delivery • 420 clients served to date Opioid Abatement Public Input:2 Town Halls,5 District Listening Sessions,Online Survey,Stakeholder Meetings April 16, 2024 34 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HUMAN SER VICES ITEM#75522 (Continued) Initiatives Underway in BHDS • Consolidation of Intermediate Care Facilities(ICFs) • Despite substantial recruitment efforts,the workforce shortage for 24/7 facilities continued and adequate shift coverage was not sustainable. • On November 30,2023,five residents and 13 Kentucky ICF staff transitioned to West Neck ICF under an emergency closure. • The closure of Kentucky Avenue 8-bed ICF leaves 34 available ICF beds. • Exploration of Crisis Receiving Center(CRC) • The General Assembly and the Governor have indicated a commitment to the development of Crisis Receiving Centers in Virginia. • A CRC is a 23-hour crisis stabilization unit that is accessible 24 hours a day,365 days a year. • CRC services include DHS Emergency Services,psychiatry,clinical assessment,nursing,case management,peer support,etc. • State funding can be applied for and collaboration is underway with community partners to explore the opportunity. The next two (2) slides provide Accomplishments and Initiatives Underway in Social Services: Accomplishments in Social Services In State Fiscal Year 2023 • Adult Protective Services completed 1,707 investigations. • Child Protective Services completed 1,512 investigations. • Benefits provided to ➢50,909 residents in the Supplemental Nutrition Assistance Program, ➢109,032 residents served in Medicaid, ➢2,033 residents served in Temporary Assistance for Needy Families,and ➢2,849 in the Childcare program. April 16, 2024 35 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HUMAN SER VICES ITEM#75522 (Continued) Initiatives Underway in Social Services • Implementing a comprehensive approach to service integration by working with stakeholders,staff members,other agencies,and community partners to receive feedback on future services and ongoing socially engaging programs. • The Adult Services Division started a Multiple Disciplinary Team(MDT)to protect older and disabled adults from abuse,neglect,and exploitation,and to create a safe community/environment.The MDT members include key Adult Protective Services,Benefits,and Behavioral Health staff members as well as staff from other city departments:Housing/Neighborhood Preservation,Fire,Police, Emergency Management Services and the City Attorney's Office. • Engage the community in strategies to improve services for low-income and vulnerable citizens to increase the safety and well-being of our youth,disabled, and senior citizens. Questions? Mayor Dyer expressed his appreciation to Ms. Smith for the presentation. April 16, 2024 36 CITY MANA GER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC UTILITIES/WATER&SEWER CIP ITEM#75523 2:29 P.M. Mayor Dyer welcomed Bob Montague,Director and Mark Babbitt, Engineering Manager—Public Works. Mr.Montague expressed his appreciation to City Council for their continued support: ME Here is the Organization Summary: Organization Summary Total FTEs Number of Divisions Total FY 2023-24 Budget 417.00' 4 $149,543,663 -+1 Proposed FTE—Maintenance Worker(converts an equlwlent number cdcontracted manpower hours) April 16, 2024 37 CITY MANAGER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC UTILITIES WATER& SEWER CIP ITEM#75523 (Continued) FY 2024-25 Revenue - $149.5M Water Service Availability, $9,952,269 Sale of Water,$58,604,182 l I,i lip Mlscellanceous Revenue, $3,480,593 I merest Income, $2,051,445 T—ofers In l5c,ing Sjppc,,; .. -... $2,365,634 FY 2024-25 Expenditures - $149.5M Personnel, Norfolk Water Services Contract $36,776,587 and Sales Agreement, $37,251,94, Reserves, $4,371,677 Transfers to General Fund, $9,357,647 '� Pay Go, $8,000,000 U vitxl 0,!!,,Y, $1,957,0-0 Y April 16, 2024 38 CITYMANAGER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC UTILITIES/WATER&SEWER CIP ITEM#75523 (Continued) Here is the Department Operating Budget: Department Operating Budget Director's Office $521,565 3 $1,739,965 3 $1,218,400 Business and Customer Service $10,298,909 73 $10,499,698 73 $200,789 Technical Services $2,804,658 27 $2,912,318 27 $107,660 Engineering Administration $9,250,967 76 $9,742,532 76 $491,565 Regulatory Management $6,290,000 - $6,836,400 - $546,400 Lake Gaston Facility $3,203,050 - $3,184,700 - ($18,350) Operations Administration $5,319,429 24 $5,527,090 24 $207,661 Sewer Collection $6,606,220 55 $6,967,226 56 $361,006 Water Distribution $5,608,809 45 $5,512,471 45 ($96,338) Meter Operations $5,488,267 28 $S,762,414 28 $274,147 Sewer Pump Stations $9,197,566 58 $9,775,457 58 $577,891 Electrical Support $2,741,822 27 $2,786,483 27 $44,661 Norfolk Water Contract and Sales Agreement $32,267,332 - $37,251,941 - $4,994,609 Debt Service $18,934,769 - $18,990,644 - $55,875 Pay-Go $8,850,000 - $8,000,000 - ($850,000) Transfers $10,064,080 - $9,357,647 - ($706,433) Reserves and Retiree Health Care $3,852,810 - $4,696,677 - $843,867 Here is the Department Operating Revenue Budget: Department Operating Revenue Budget Sewer Charges $69,146,260 $70,429,632 $1,283,372 Sale of Water $53,759,524 $58,604,182 $4,844,658 Water Service Availability $9,018,854 $9,852,269 $833,415 Capital Recovery Fees $3,185,673 $2,759,908 ($425,765) Miscellanceous Revenue $3,524,394 $3,480,593 ($43,801) Transfers In(Billing Support) $2,223,326 $2,365,634 $142,308 Interest Income $442,222 $2,051,445 $1,609,223 April 16, 2024 39 CITY MA NA GER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC UTILITIES/WATER & SEWER CIP ITEM#75523 (Continued) Here are Challenges in FY 2025 and Beyond: Challenges in FY 2025 and Beyond • Minimal growth in customer accounts-4%since 2011 • Norfolk Water Contract and Sales Agreement-25%of FY 2025 operating budget • Aging infrastructure • Competitive contractor market • Increased personnel costs • Lead and Copper Rule Revision (LCRR) regulatory requirements This chart provides the Five-Year Programmed Rate Increase: Five-Year Programmed Rate Increase FY 2024 Rate FY Z0Z3 1 Current FY 2025 FY 2026 FY 2027 FY 2029 Water Commodity Rate $4.90 $5.20 $5.74 $6.23 $6.54 $6.87 Sewer Charge $30.81 $31.58 $32.37 $33.18 $33.18 $33.18 Water Service Availability Charge $4.41 $5.00 $5.53 $6.00 $6.30 $6.61 Residential Bill(5,000 gallons) $59.72 $62.58 $66.62 $70.34 $72.20 $74.15 $Change $2.8 $4.04 $3.72 $1.86 $1.95 %Change 6.51 5.6% 2.6% 2.7% • Align with expected increases in operating expenses and recovery of the cost of providing services April 16, 2024 40 CITY MANA GER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC UTILITIES/WATER & SEWER CIP ITEM#75523 (Continued) Comparative Municipal Water and Sewer Charges Monthly Bill for Slngle-Famlly Residence with Average 5,000 Gallons ater Consumption Municipality Rank Water Sewer Total �lrglnla Beach 2 $31.00 $31.58 $62.5 Newport News 3 $38.54 $27.53 $66.07 Portsmouth 4 $44.70 $2Z28 $71.97 Chesapeake 5 $48.59 $25.85 $74.44 Norfolk 6 $40.64 $34.96 $75.60 Suffolk 7 $86.09 $50.53 $136.62 *Rates are as of FV 2024 This chart provides the Water Tap and Meter Fee Increase: Water Tap and Meter Fee Increase • Recommended fees recover rising costs of meters,materials,equipment and labor • Part of the approved five-year programmed fee increase 5/8-inch and 3/4-inch tap and meter $1,014 $1,073 5/8-inch and 3/4-inch meter only $592 $651 1-inch tap and meter $1,094 $1,161 1-inch meter only $672 $739 "Water taps for mandatory connections only.Mott taps will remain at actual contractor cost. April 16, 2024 41 CITY MANA GER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC UTILITIES/WATER& SEWER CIP ITEM#75523 (Continued) CIP - Means of Financing venue Bonds $ 28,746,000 $ 26,861,000 $ 24,771,000 $ 26,765,D00 $ 19,995,000 $ 29,065,000 S 156,193,000 aY-As-You-Go 8,000,DD0 8,000,000 8,0D0,000 8,000,000 8,000,000 8,000,000 48,000,000 t Assets 5,000,000 5,000,000 5,000,000 5,000,000 5,000,000 5,000,000 30,000,000 RSD Contribution 115,000 115,000 115,000 115,000 115,000 575,000 Total $ 41,746,OD0 $ 39,976,000 $ 37,886,000 $ 39,880,0D0 $ 33,100,080 $ 42,180,DD0 $ 234,768,000 Here are the Initiatives Underway& Conclusion: Initiatives Underway & Conclusion • Advanced Metering ppm Infrastructure (AMI) / ,171 feasibility study • Compliance with EPA's LCRR • Aging Infrastructure - ��" �- _ •� -ram,� - April 16, 2024 42 CITY MANA GER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC UTILITIES/WATER&SEWER CIP ITEM#75523 (Continued) Mr.Montague turned the presentation over to Mr. Babbitt. . 1 � • 1 1 JA Mark Babbitt P. Engineering Manager Here is the Water&Sewer Section Overview: Water & Sewer Section Overview FY Proposed Water Proposed Sewer Proposed Total FY 25 $11,893,000 $29,853,000 $41,746,000 FY26 $15,814,000 $24,162,000 $39,976,000 Public Utilities FY 27 $9,777,000 $28,109,000 $37,886,000 FY 2024-25 to FY 2029-30 FY28 $13,865,000 $26,015,000 $39,880,000 Capital Improvement Plan FY 29 $5,370,000 $27,730,000 $33,100,000 FY 30 $17,990,000 $24,190,000 $42,180,000 Total $74,709,000 $160,059,000 $234,768,000 32% 68% Water Projects—29 Sewer Projects—23 4' April 16, 2024 43 CITY MANA GER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC UTILITIES/WATER&SEWER CIP ITEM#75523 (Continued) Six-Year Capital Improvement Program The next several slides provide a summary of Public Utilities Projects Under Construction" Public Utilities Projects Under Construction April 16, 2024 44 CITY MANAGER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC UTILITIES/WATER & SEWER CIP ITEM#75523 (Continued) Lake Gaston—Nottoway River Crossing • Project to re-coat pipeline aerial crossing t. • Total capital investment:$1.53 million • Total length:+/-825 linear feet • Project started:November 2023 • Estimated completion:summer 2024 y. Pembroke Meadows Water and Sanitary �I Sewer Rehabilitation • Project to replace about 50,000 feet of water main,4,500 feet of sanitary sewer pipe,and associated service lines • Total capital investment:$26.8 million • Phase 1:completed • Phase 2:under construction • Phase 3:under design �, p District 8 - 1 District 9 is April 16, 2024 45 CITY MANA GER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC UTILITIES/WATER&SEWER CIP ITEM#75523 (Continued) Great Neck Water Tank Replacement Project to demolish and replace 1-million-gallon elevated storage tank Total capital investment:$8.38 million Tank demolition started April 2024 Estimated completion:January 2026 I t' GREAT NECK WATER TANK f Courthouse Water Tank Removal • Project to remove the Courthouse Water Tank • Total capital investment:$483k • Tank demolition started April 2024 • Estimated completion:early summer 2024 r .. COURTHOUSE WATER TANK ,1 1� April 16, 2024 46 CITY MA NA GER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC UTILITIES/WATER&SEWER CIP ITEM#75523 (Continued) 6-Year CIP by Category FY 2024.25 to FY 2029-30 FY 2023-24 to FY 2028 29 FY 2022-23 to FY 2027-28 FY 2021-22 to FY 202-7 5 10 4 FY 2020-21 to FY 2015�26 9 8 8 FY 2019.20 to FY 2024-25 15 8 FY 200-19 t0 FY=23,24 !£ 0 10 20 30 30 50 60 70 80 90 100 Category Percentage of Total CIP .Aging lnfraztruRure aoperationz&Support ■Roadway&Stormwater Cpordinatlon System Bapanz10n-COzt Participation Mayor Dyer expressed his appreciation to Mr.Montague and Mr. Babbitt for the presentation. April 16, 2024 47 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES(ECCS) ITEM#75524 2:59 P.M. This presentation will be re-scheduled. April 16, 2024 48 CITY MANAGER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC WORKS ITEM#75525 3:00 P.M. Mayor Dyer welcomed L.J. Hansen, Director—Public Works. Mr. Hansen expressed his appreciation to City Council for their continued support: Proposed Bu Here is the Organization Summary: Organization Summary 1,012.88 21 $258,518,703 FIt V-6 . April 16, 2024 49 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC WORKS ITEM#75525 (Continued) FY 2024-25 Programmatic Budget PROPOSED City Garage Interne IS' Fuels Internal Service Fund, Fund,$20,188,299,8% $ge9,,,sil 3% Parking Enterprise Fund, $6,970,302,3% General Fund,$111,676,505, 43% Waste Management Enterprise fund, $51,441,759,20% Storm—ter Utility &Recreation SRF, Enterprise Fund, - $4,W7,879,2% $49,276,198,19% .- - Tourism Investment Program (on ilidated Grants SRF, l ,937,7 t 50.F,$q937748,1% $20,000,OY< Here is the Department Operating Budget: Department Operating Budget Program IFY F F Amended Proposed FTE General Fund $ 106,847,705 616.88 $111,676,505 632.88 $ 4,828,800 4.52% Parks&Recreation SRF $ 4,086,011 4 $ 4,107,879 4 $ 21,868 0.54% Tourism Investment Program SRF $ 4,764,147 26 $ 4,937,748 26 $ 173,601 3.64% Sandbridge SSDF $ 720,259 4 $ 916,863 5 $ 1%,604 27.30% Consolidated Grams SRF $ 20,000 - $ 20,000 - $ - 0.00% Stormwater Utility Enterprise Fund $ 46,523,210 98 $ 49,276,198 98 $ 2,752,988 5.92% Waste Management Enterprise Fund $ 43,253,793 157 $ 51,441,759 157 $ 8,187,966 18.93% Parking Enterprise Fund(New to DPW) $ - - $ 6,970,302 7 $ 6,970,302 0.00% City Garage Internal Service Fund $ 16,869,288 83 $ 20,188,299 83 $ 3,319,011 19,67% Fuels Internal Service Fund $ 8,367,672 - $ 8,943,150 - $ 575,478 6.89% Tool $ 231,452,085 988.88 $2S8A78,703 1,012.88 $ 27,026,618 11.69% April 16, 2024 50 CITY MANAGER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC WORKS ITEM#75525 (Continued) The next four(4)slides provide Major Changes&Initiatives: Major Changes & Initiatives • Waste Management Enterprise Fund & Monthly Fee Rate • In FY 2023-24,the Waste Management Collection Fee was increased by$2.50(first increase since FY 2019-20) • In FY 2024-25,the Waste Management Collection Fee will increase by$3.05($27.50 to$30.55 monthly) • Staff have worked with Finance to restructure our cost centers to allow us the ability to track finances more effectively—Starting in FY2025 • This may result in future recommendations of fees for certain services or products • Special Event Planning • VB Tourism and Hospitality Industry are recovering to pre-pandemic levels,increasing the demands on PW staff • These demands can draw staff from their primary responsibilities • This strategy may be problematic long-term,based on the growing needs of the City's aging infrastructure Major Changes & Initiatives Historical Timeline for Stormwater Equivalent Residential Unit(ERU)Rate Freeze .s-r<.,p.n.,a rn<FPu He R,t<nm,lnM no:<n. mplementM to s.ppon e«.wemtM lmpa<t[WlD-19 naa on P.helh Fln,mulF .h,nts�ib FYMxl.tM 91 FRU pe.mt nuhs 0 Mth.tual.a in heF U P. h n<oP<tnme tneM`wi F«.1<m«,...,.aa,r<a. im,«m.n Pml .mma<n. rn.FRu r«Ratt w«t<a«n.a.l.a Fnot>-le Frmle-t9 Frxox9-xo wxoxou rv:oxlxx IYtexxx9 Frxaxsxa Frxoxan nzoxsxe Frmxo-n F.xonxe Frxoxe-a „.mi rm.e eallel..meu u F«w.hama.n.noi FYxo2.:e 1..:9. �n<a.haro<ontM.<.i• s aa.pt<a to WM1 .n.P,Mlh Pn.n<4l +cn.dWMmcominue. ln<hue a 3.9t annual ntt y<rbrm 9tormw«er runMlal l .Paannem<PF<rio..h inehr<ana c..t or s«.i«.sme noe,�ettoPt<a z.Yea<PhnaM nu,e<n<nt<a hom the l .n[au fee Rau mar hnpl,m,ntp an FPU f«Rau. notM.um<knt to manuln mrn<e lev.0 April 16, 2024 51 CITY MANA GER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC WORKS ITEM#75525 (Continued) Major Changes & Initiatives Technology Implementations&Improvements AssetWORKS • A high-priority initiative to fulfill the City Leadership and r l" ; ` residents needs and requests IMCruiter • The Public Works Tech Team,a federated IT model, consists of 12 members M" ,L woks A Memorandum of Agreement was executed in August Cartegraph 2022(DPW&DIT) AN ocrer:.- Necessary to provide staff with appropriate tools to A..M*RKS perform essential functions TIM F.Cw r • Efforts require time,funding,support,training,and documentation Major Changes & Initiatives • Increased demand on staff and divisions with flat budgets • Aging facilities and infrastructure • Increasing requests for service • Demand for specialty skills and materials • Contract assistance helps but takes resources • Increased outreach and education • Increases public awareness • Helps staff to understand community concerns and needs " 4 • Using existing staff April 16, 2024 52 CITY MANA GER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) PUBLIC WORKS ITEM#75525 (Continued) Questions dw -4 - Mayor Dyer expressed his appreciation to Mr. Hansen for the presentation. April 16, 2024 53 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) STORM WATER CIP ITEM#75526 3:12 P.M. Mayor Dyer welcomed Melanie Coffey, P.E., Engineer V — Public Works and Jonas Alered, P.E., Stormwater Operations Engineer—Public Works. Ms. Coffey expressed her appreciation to City Council for their continued support: 0 0 0 ° 0 0 • F , Worksva Public AM Here is the Stormwater Management Overview: Stormwater Management Overview Regulatory-Water Quality Years 1-6:$49.3 M(29/) •17 Projects/Programs ■ Operations&Maintenance Years 1-6:$123.1 M(71%) Total •16 Projects/Programs •; SWM Funding Years 1-6 Total Funding in Years 1-6:$172.4 M 33 Total Projects/Programs Total SWM Program cost:$S69 M April 16, 2024 54 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) STORM WATER CIP ITEM#75526 (Continued) Regulatory — Water Quality Melanie Coffey, PE 17 Total Projects/Programs: 9 Standalone Projects(3 New) 8On-going Programs Public -qt— Works Here are the Regulatory Water Quality(WQ)Projects with No Change: Regulatory WQ Projects with No Change P,.jr,t N.j C...cil Current Appropriated FY25 FY26- Total Bala'Ce to # Dmt,id Ph-, to Date FY30 Complete 1 Bayville like Water Qwllty Improvement Project 100032 9 Design 1,800,000 - - 1,800,000 2 Chatham Hall Water Quality Improvement Project 100566 1 Bid 3,690,000 - 3,690,000 3 Kemps Lake Water Quality Improvement Project 100567 1 Bid 12,615,000 12,615,000 4 lake Edward Water Quality Improvement Project 100543 4 Planning 100,000 - 4,275,000 4,375,000 1,915,000 5 Lynnhaven River Basin Ecosystem Restoration 100263 8 Construction 13,100,000 100,000 2,400,000 15,600,000 Pro ect 6 Providence Park Wet Pond Project 100642 1 Design 330,000 370,000 7,300,000 3,000,000 4 April 16, 2024 55 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) STORM WATER CIP ITEM#75526 (Continued) Here are the Regulatory WQ Programs with No Change: Regulatory WQ Programs with No Change Project Project Council Appropriate FY25 FY26 FY27 FY28 FY19 .... 1 Atlantic Ocean Watershed Water 300353 6 2,032,000 100,000 100,000 Quality Projects 2,212,000 2 Eficabeth River Watershed Water Quality Projects 100162 1 7,471,527 100,000 200,000 - 7,161,527 Quality 3 Little Creek Watershed Water Quality 100465 9 400,000 400,000 700,000 1,500,000 Projects 4 Lynnhaven River Watershed Water 100264 8,9 2,946,367 125,000 970,000 610,000 2,OOD,000 1,30D,000 1,300,000 8,151,367 Quality Projects II 5 Southern Rl"m Watershed Water 100391 2 2,970,000 485,000 250,000 250,000 225,000 1,590,000 1,750,OOD 7,510,000 Quality Projects 6 Star—tar Quality Enhancements II 300397 Citywide 10,999,497 1,150,000 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 19,248,497 7 Surface Prognm Water C Regulatory 300404 Citywide 12,395,565 1,450,0W 1,700,000 1,700,000 1,700,000 1,700,000 1,700,000 23,455,565 Compliance 8 Water Quality cost Participation 100472 Citywide 726,773 80,000 250,000 250,000 250,000 250,000 250,000 2,046,773 Projects II s The next four(4)slides provide an overview of the Here are the Regulatory WQ new Projects: Regulatory WQ New Projects Project Council Appropriated FY25 FY26—FY30 Total Balance to a DMrict to Date Complete 1 Bakamy Woods Park water Quality Improvement Project 100668 1 - 2,470,000 2,470,000 z &Igadoon .:Park Quality Improvement Project 100671 7 1,120,000 1,630,000 2,500,000 s,zso,00o 3 Oceana Garde,Constructed Wetlands Project 100W9 6 - 2,020,000 370,000 2,390,000 *All funded within target April 16, 2024 56 CITY MA NA GER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER CIP ITEM#75526 (Continued) Bellamy Woods Park Water Quality - otnir Improvement Project Distictc5): ' $25M Project#100668 New Project , Features: • Hydrodynamic Separator and Filtering Device l • Installed with a connection to the existing stormwater system to divert stormwater for treatment prior to t^ discharge to the North Landing River o a Benefits: t °c • Reduction of nutrients and sediment to the North Landing River(13 lb TP/yr) V Estimated Completion February 2029 1,100,000 1,100,000 270,0oo 2,470,000 150 1811 4 Brigadoon Park Water Quality 66t-1 �o District(s): Improvement Project 1 $5.3M Project#100671 New Project +- Features: • New wet pond within Brigadoon Park,expanding the existing canal to increase the water quality volume • New walking path and fitness station Benefits: • Reduction of nutrients and sediment to the Upper North Landing River(49 Ibs TP/yr) — • Park amenities for residents 4 ( {, Estimated completion July 2028 1,120,000 1,630,000 1,500,000 500,000 500,000 - 5,250,000 April 16, 2024 57 CITY MANAGER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWA TER CIP ITEM#75526 (Continued) Oceana Gardens Constructed Wetlands Council Totan"rOject �District(s): Cost Project 6 S2.4M Project#100669 Cost Change: • Awarded SLAF grant:$1,308,750 Features: • New wetlands off Sykes Avenue Tree planting will provide screening from road and adjacent properties Benefits: " • Reduction of nutrients and sediment to the K Chesapeake Bay(13 Ibs TP/yr) y Estimated completion July 2027 2,020,000 370,000 - - - - 2,390,000 Here are a few of the Regulatory WQ Accomplishments: Regulatory WQ Accomplishments • Success of oysters at Lynnhaven River Basin Ecosystem Restoration Project Phase I Mp • Construction completed: • Laurel Cove Park MTDs • Seatack Park Wet Swale r • Construction starts: — — • Kemps River Crossing MTD ¢y • Brooklyn Ave MTD • Lynnhaven Park Constructed Wetland • Historic Kempsville Constructed Wetland and Kayak Launch • New MS4 permit April 16, 2024 58 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) STORM WATER CIP ITEM#75526 (Continued) Ms. Coffey turned the presentation over to Mr.Alered: Operations & Maintenance Jonas Alered, PE 16 Total ProjectslProgroms: 2 Standalone Projects 14 On-going Programs Public .r4— Works Here are the Operations&Maintenance(O&M)Projects with No Change: O&M Projects with No Change Project Project Council Current Appropriated FY26- Balance to I 42nd Street Pump Smion Outfalls 100010 6 Cnmtructbn 4,476,522 - 4,476,522 - 2 Lakeview Drive Channel Improvement 100662 1 9 Desilln 2,000,000 - - 2,000,000 We April 16, 2024 59 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) STORM WATER CIP ITEM#75526 (Continued) Here are the O&M Programs with No Change: O&M Programs with No Change Project Project Council Appropriated FY25 FY26 FY27 FY28 FY29 FY30 Total # District to Date 1 PIMP Maintenance Program Phase I 100043 Citywide 4,W0,000 1,000,000 1,000,000 1,0D0,000 1,000,000 1,000,000 1,000,000 1070,000 2 Canal Management Phase 1 1OW53 Citywide 4,5D0,000 SW,000 SW,000 SD0,000 500,000 500,000 500.000 7,500,000 3 Enhanced Neighborhood 100595 Citywide 30,590,000 30,580,000 Rehabilitation-ARPA 4 Enhanced Neighborhood 200515 Citywide 4,960,104 2,236,349 1,236,349 1,236,349 2,236,349 1,236,349 1,236,349 12,278,298 Rehabilitation-Phase I 5 Lake Management-ARPA 200596 Citywide 14,300,000 - 14,300,000 6 lake Management 11 100232 Citywide 54,165,958 1 3,307,611 4,947,652 1 4,947,652 4,947,652 4,947,652 4,947,652 82,211,829 7 Oceanfront Storm Water Facilities 200287 5,6 12,990,740 1,650,000 1,650,000 1,650,000 1,650,000 1,650,000 2,650,000 22,980,740 Maintenance 8 Primary5y Inhastructure 200314 Citywide 20,470,000 1,520,000 2,270,000 2,270,OD0 2,270,000 2,270,000 2,270,000 33,340,000 I., yemerrts II 9 Residential Dca':ge Cort 100335 Citywide 550,000 50,OW 50,OD0 50,000 50,000 50,000 50,000 850,000 Particl tion pr ram 11 10 Roadside Ditch Program 100549 Citywide 5,821,750 - - 5,821,750 11 Storm Water Pump Station 100395 Citywide 12,525,229 1,250,OD0 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 20,025,229 Modifications 12 Southern final/lead Ditch and 100390 2 15,690,OW 2,390,000 2,390,000 2,390,000 2,390,000 2,390,000 2,390,000 30,030,000 Culvert Im ro meMs 13 SW Infrastructure Rehabilitation 8 200405 Citywide 67,106,982 3,500,000 5,750,000 5,750,OD0 5,750,000 5,750,000 5,750,000 99,356,982 mprowments II 13 O&M Programs with Modifications Project Project Council Appropriated 1 Cave-In Repair Program 100380 I awwide 8,396,950 17-il00 - - - 9,896,950 14 April 16, 2024 60 CITY MANA GER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) STORM WATER CIP ITEM#75526 (Continued) Here is an overview of the Cave-In Repair Program: Council Programmed Cave-In Repair Program District(s): Funding Citywide $9.9 M Project tt 100380 • Augments in-house cave-in repair efforts ' • Current Cycle:<2 year backlog • Goal:6-month backlog,115 locations planned • Process: • Coordinate with Neighborhood Rehab Program to eliminate redundancies Clean&perform closed circuit television inspection(CCTV) • Perform necessary repairs • Repairs contribute to increased system lifespan and flood control • $1.5M added in FY25 Before after 8,396,950 1,500,000 - 9,896,950 10,500,000 15 Here are the O&M Programs with a Balance to Complete: O&M Programs with Balance to complete Project Project Co.n'il Appropriated Balanc- 1 Canal Management Phase I• 100043 CRywide 4,500,000 500,000 1 500,000 500,000 500,000 500,000 500,000 7,500,000 9,000,000 2 Cave-In Repair Program" I 100380 I Citywide I 8,396,950 I 1,500,000 9,896,950 30,500,000 *Requested$I.SM/Year **Requested$2M/Year,Received$I.SM In Year 1 April 16, 2024 61 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWA TER CIP ITEM#75526 (Continued) The next two (2)slides provide O&M Accomplishments: O&M Accomplishments Neighborhood Rehabilitation—ARPA: • 325,000 LF of pipe cleaned and inspected w • ARP#3 Pembroke Meadows/Birchwood Gardens/Thalia Manor-Completed • ARP#4 Courthouse Estates—Completed . .. ge Before ' Southern Canals,Lead Ditch& ' Culvert Improvements: k Beggar's Bridge Site#11-Completed 17 O&M Accomplishments BMP Maintenance Program Phase l: Cave-in Repair Program: • City Maintained BMP FY24-53 BMPs 376 cave-in locations completed with a total of$11.8M to date • 32 cave-in completed FY24 Lake Management—ARPA: BMP Maintenance After In-progress:Great Neck Lake#2,Reedtown Lake,John B.Dey Lake and Lovetts Pond .� Opened bids for package#1 and#2 in t ♦yy„�' • March j r Advertising package#3 and#4 in May BMP Maintenance g Lake Management-Phase 1: Before .,, Chimney Hill#1-Completed IN April 16, 2024 62 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER CIP ITEM#75526 (Continued) SWM Major Challenges • Overall construction cost increases • Funding for current and future maintenance requirements • Reduction of Maintenance Cycles and Backlogs • Expand Canal&Roadside Ditch Maintenance 1001 • Increasing Stormwater Pump Station maintenance t Mayor Dyer expressed his appreciation to Ms. Coffey and Mr. Alered for the presentation. April 16, 2024 63 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) FLOOD PROTECTION CIP ITEM#7552 7 3:42 P.M. Mayor Dyer welcomed Mike Tippin, PE, Stormwater Engineering Center Administrator—Public Works. Mr. Tippin expressed his appreciation to City Council for their continued support: o o o - o • 0 0 D • Here is the Flood Protection Program (FPP) Overview: Flood Protection Program (FPP) Overview 0.5% 1.5% �1% ■ ATD Local Funding-$736.8 M(92%) u Flood Protection Pay-As-You-Go-$6 M(1%) �!t- u Fund Balance-General Fund-$3.8 M(0.5%) 4 Retained Earnings-Stomwater Utility-$12 M(1.5%) ■ Federal Funding-$31.3 M(4%) p' ® State Funding-$7.7 M(1%) Total Flood Protection Funding:$797.6 M 39 Total Projects/Programs 7 Master Projects April 16, 2024 64 CITY MANAGER'S BRIEFINGS FY2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) FLOOD PROTECTION CIP ITEM#7552 7 (Continued) Here are the Flood Protection Program (FPP)Awarded Grants: Flood Protection Program (FPP) Awarded Grants Amount # Project Grant Awarded 1 Eastern Shore Drive Drainage Improvements BRIC 25,144,014 2 Elizabeth River Wetland and Floodplain Restoration CFPF 3,000,000 3 Seatack Neighborhood Drainage Improvements CFPF 1,925,000 4 First Colonial Road and Oceana Boulevard Stormwater Improvements CFPF 2,021,662 5 Back Bay Marsh Restoration Construction* CFPF 5,000,000 6 Back Bay Marsh Restoration Design NFWF NCRF 135,124 7 Back Bay Marsh Restoration Construction NFWF NCRF 9,886,400 8 Pungo Ferry Road Improvements • PROTECT 19,012,91I Total 66,125,117 'Awarded March 2024,will be appropriated with FY25 CIP **Awarded April 2024,not yet appropriated Funding Types: BRIC=Building Resilient Infrastructure and Communities(FEMA) CFPF=VA Community Flood Protection Fund(VA DCR) NFWF NCRF=National Fish&Wildlife Foundation National Coastal Resilience Fund PROTECT=Promoting Resilient Operations for Transformative,Efficient,and Cost-saving Transportation(US DOT) Flood Protection Projects/Programs Organized by Project Classification including Master Projects Public -mww- Works April 16, 2024 65 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) FLOOD PROTECTION CIP ITEM#7552 7 (Continued) The next several slides summarize FPP Master Projects: FPP Master Projects Central Resort District Master Project Estimated H Project Project Counci Total Pro' Appropriated Balance to # Distri Cost ject to Date Complete 1 Central Resort District Drainage Improvements 100062 5&6 1 92,800,000 1 90'S00,000 2,300,000 2 2V&Baltic Drainage Improvements 100275 6 15,000,000 1,800,000 13,200,000 3 241 Street Culvert 100061 6 5,200,000 5,100,000 100,000 FPP Master Projects 4• Eastern Shore Drive— Phase I Master Project # ct D istrict Total Project Appropriated Balance to # Cost to Project Proje Council Estimated 1 Lynnhaven Drive Pump Station 100150 8 14,371,504 14,371,504 - 2 Cape Henry Canal Phase II 100153 8 12,238,019 12,238,019 3 Lynnhaven Colony Park Pump Station 100167 8 15,967,480 15,967,480 - 4 Elevate Lynnhaven Drive ID0538 8 4,016,130 4,016,230 - 5 North Shore Drive Street Drainage Improvements,1F 100597 8 3,699,909 3,450,371 249,538 6 Cape Henry Drive Street Drainage Improvements,1G 200598 8 4,696,066 940,000 3,756,066 7 Poinciana Pump Station 100599 8 18,463,902 8,200,000 10,263,900 8 Vista Circle Pump Station 100539 8 19,560,000 - 1 19560,000 Total 93,013,008 59,183,504 r• 8 April 16, 2024 66 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) FLOOD PROTECTION CIP ITEM#7552 7 (Continued) FPP Master Projects _�W, lake Bradford/Chubb Lake Master Project Project Council Estimated Appropriated Balanc to Total Project Comple # Project rCost Date ete 1 Chubb Lake/Lake Bradford Pump Station&Outfall 1 100595 1 9 106,800,000 78,200,0D0 28,600,000 2 Church Point/Thoroughgood BMP and Conveyance 5005% 9 45,660,000 35,900,000 9,760'000 Improvements ` Awaiting 2023 FEMA BRIC results;Application submitted for Lake Bradford/Chubb Lake for$30M 7 FPP Master Projects `744 Linkhorn Bay Drainage Basin Master Project # Project Council Estimated Appropriated Balance to Project # District Total Project Cost to Date Complete 1 First Colonial Road and Oceana Boulevard Drainage 300601 5&6 7,022,220 4,346,663 2,675,557 Improvements 2 Seatack Neighborhood Drainage Improvements 100600 1 6 6,925,000 6,925,000 - a April 16, 2024 67 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) FLOOD PROTECTION CIP ITEM#7552 7 (Continued) FPP Master Projects Stormwater Green Infrastructure Master Project Includes 2 Sub-Projects $1 Project Project Council Estimated # District Total Project Date Appropriated Cost to 1 Stormwater Green Infrastructure 100551 I Citywide a Marsh Restoration in Back Bay 100551.001 2 1 53,378,490 1 41,335,620 12,042,870 b Elizabeth River Wetland and Floodplain Restoration 100551.o0z 1 9,900,505 8,475,780 1,424,725 Total 63,279,995 W 13,467,595 9 FPP Master Projects Southern Rivers Master Project Project Council Estimated Balance to If rict Coroject to Date Complete st 1 Pungo Ferry Road Improvements77777 100548 1 2 1 36,100,800 11,500,000 24,600,800 2 Sandbridge/New Bridge Intersection Improvements 1 200603 1 2 1 7,990,000 7,990,000 - 3 West Neck Creek Bridge 100602 2 69,000,000 69,000,000 - April 16, 2024 68 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) FLOOD PROTECTION CIP ITEM#7552 7 (Continued) FPP Master Projects Windsor Woods, Princess Anne Plaza, &The Lakes Master Project # Project Project Cou Estimated Appropriated Balance to ncil # District Total Pro)ect to Date Complete Cost 1 Bow Creek Stormwater Park 100516 3 99,921,150 76,895,850 23,025,300 2 Princess Anne Plaza North London Bridge Creek Tide Gate, 100517 3 156,481,000 60,900A00 95,581,000 Pump Station&Barriers 3 The Lakes-Flood Barriers 100604 10 16,923,000 3,600,000 13,323,000 4 The Lakes-Holland Rd.Gate 100418 10 27,560,OD0 8507,000 19,053,000 5 The Lakes-South London Bridge Creek Channels&Gate 100521 10 35,202,000 2,700,000 32,502,000 6 Windsor Woods Drainage 100486 3 34,187,150 34,187,150 - 7 Windsor Woods Flood Barriers 100605 3 13,157,500 13,157500 - 8 1 Windsor Woods Pump Station 100487 3 85,192,000 41,946,D00 43,246,000 9 1 Windsor Woods Tide Gate 100488 3 21,209,DD0 21,209,000 - 101 Windsor Woods-Thalia Creek/Lake Trashmore Imp. 100553 3 3,346,500 3,346,500 - Total rr 266,449,000 226,730,300 u Here are the FPP Projects/Programs Not included in a Master Project: FPP Projects/Programs Not included in a Master Project Projects: 1 College Park and level Green Drainage Improv. 100126 7 C—tructiun 3,121,000 - - 3,121,000 - 2 North lake Holly Watershed 100280 5&6 Construction 26,151,135 - - 26,151,135 - 3 South lake Holly Watershed 10036E 5&6 Construction 16,009,587 - - 16,009,587 - Programs: Project Project Council Appropriated FY25 FY26 FY27 FY28 FY29 VY30 Total Neighborhood SW Infrastructure 4 100273 Citywide 6,232,911 Impro—nn,II 5 Parcel Level Flood Mitigation Program 100504 Citywide 2,500,000 - - - - - - 2,500,000 6 Sea Level Rise/Recurrent Flooding 100365 atywide 5,390,040 - - - - - - 5,390,040 Analysis 7 SWMSWM ter Planning,Analysis,and Mis 100406 Citywide 19,572,766 - - - - - - 19,572,766 ry April 16, 2024 69 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) FLOOD PROTECTION CIP ITEM#7552 7 (Continued) FPP Programs with Ongoing Funding It District to DIste Stormwater Infrastructure Cost 100582 Ci Participation Program tywide 4,000,000 2,000,000 2,000,000 2.000,000 2,000,000 2,000,000 2,000,000 16,000,000 Stormwater Project Administration 100S78 Citywide 4,000,000 1,0001000 11000,000 11000,= 1,000,000 1,000,000 1,0001 000 101 0001 000 1. Projects with Modifications z I CITY-V117GINIA BEACN Public Works April 16, 2024 70 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) FLOOD PROTECTION CIP ITEM#7552 7 (Continued) USACE Regional Coastal Storm C°ri°t(s District(s): ' Cost Risk Management Study Citywide $5.3M Project#100512 • The Study will perform an analysis of various strategies to combat sea level rise and recommend a strategy to be constructed.Preliminary opinions of the probable cost will be developed for budgetary planning.To receive Federal monetary assistance for the sea level rise adaptation strategies,a USACE Study is required to be performed. • Change in requirements by the Commanding General of USACE to obtain more accurate construction costs during the study phase resulting in an increase in the cost participation and delaying the schedule. e_ 1,500,.0 1,"50,000 1,100,000 1,622,000 5,272,000 is Here are FPP Projects/Programs Requested But Not Funded: FPP Projects/Programs Requested But Not Funded r93r, sW Mfnrtructum provemerRs II• 100273 Citywide 1 6,231911 - - - - - - 6,232,911 2,000,000 *Requested$iM in FY29&FY30 • This program is used to correct drainage problems in various established neighborhoods and other areas that fall beyond the scope of normal maintenance but do not meet the criteria to stand as a separate CIP project.New projects are added based on reported flooding problems and field maintenance reports. • Projects completed under this CIP: Current Active Projects in this CIP: o Ocean Park Tidal and Rainfall Flooding o Country Club Circle Drainage Improvements Evaluation&Interim Improvements o Goodspeed Road Pump Station Replacement o Indian River Rd.Culvert Replacement o Muddy Creek Rd.Culvert Replacement 0 24th-1/2 Street Drainage Improvements o Thalia Drive Culvert Replacement and 50th/51st Street Drainage Improvements April 16, 2024 71 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) FLOOD PROTECTION CIP ITEM#7552 7 (Continued) v Major Challenges • Overall construction cost increases r • Equipment/Material Lead Times • Endangered or listed species with seasonal restrictions • Tree Mitigation is an unfunded mandate for now • Will have to increase budget requests for FY26 The next few slides provide a summary ofAccomplishments: Accomplishments — Projects in Construction • Bow Creek Stormwater Park Section 1 Total Project Cost$39.8M Complete Late 2026 • South Plaza Trail&Presidential Blvd Drainage Improvements Total Project Cost$11.6M Complete Mid 2025 1 April 16, 2024 72 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) FLOOD PROTECTION CIP ITEM#7552 7 (Continued) Accomplishments Projects in Construction • Old Forge Rd&Red Lion Rd Drainage Improvements Total Project Cost$5.1M Complete Late 2024 • Seatack Neighborhood Drainage Improvements Total Project Cost$6.9M Complete Late 2025 x: -• e � z.• Accomplishments — Projects in ;. Construction • Windsor Woods Tide Gate Total Project Cost$21.2M Complete Mid 2025 April 16, 2024 73 CITY MANAGER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) FLOOD PROTECTION CIP ITEM#75527 (Continued) Accomplishments — Projects Completedr • Lake Bradford Ditch Dredging Total Project Cost$2.3M Completed December 2023 • Lake Pleasure House Pumpstation Total Project Cost$1.4M Completed September 2023 Accomplishments — 11 Projects Completed • Cape Henry Ditch Sanitary Sewer Relocation H Total Project Cost$3.1M r` Completed September 2023 �' �, e •� ; April 16, 2024 74 CITY AIANA GER'S BRIEFINGS FY 2024-25 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) FLOOD PROTECTION CIP ITEM#7552 7 (Continued) Discus,.-. m •' ,: J ,------------- -st ihl Mayor Dyer expressed his appreciation to Mr. Tippin for the presentation. April 16, 2024 75 CITY COUNCIL DISCUSSION/INITMTIVES/COMMENTS ITEM#75528 3:58 P.M. Council Member Rouse advised she will host a Town Hall Meeting on April 24`h from 6:00—8:00 P.M., at Green Hall High School. Council Member Rouse reminded the viewing public of the opportunity to speak at the Budget Hearings scheduled on April 17`h at 6:00 P.M., at the Convention Center or input can be submitted online at Speakupvb.com. April 16, 2024 76 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75529 (Continued) Council Member Ross-Hammond reminded the Body of Hampton Roads Transit's Earth Day celebration on April 25`"and invited the Body to ride with her, adding anyone interested can meet at the Constitution Drive stop to leave at 11:00 A.M. and return by 1:00 P.M. Council Member Ross-Hammond asked City Attorney Stiles if there is any issue if two(2)or more Council Members ride together. City Attorney Stiles advised as long as there is a public notice made and Council Members do not discuss City business, there is no issue. Council Member Ross-Hammond asked anyone interested in going, to let her know. April 16, 2024 77 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#75530 (Continued) Council Member Ross-Hammond advised she attended the Minority Business Council (MBC) annual conference which included the Contractor's Roundtable and the Growth Achievement Program (GAP) graduation. Council Member Ross-Hammond advised GAP is a program that assists small business owners by evaluating their business and providing strategies on best business practices, learning techniques to build their business and networking opportunities. Council Member Ros-Hammond advised there were 27 students who graduated. April 16, 2024 78 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#75531 (Continued) Council Member Ross-Hammond advised the Virginia Beach VA250 Committee is working hard to organize events to celebrate Virginia's 25e Anniversary and would like to do a reenactment, wearing the traditional clothing, at the last meeting in July. Council Member Ross-Hammond advised she is waiting for additional information on how it will be done and how much funding will be needed and will provide that information when she receives it but wanted to make the Body aware. April 16, 2024 79 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75532 (Continued) Council Member Wooten advised she will host a Town Hall Meeting on April 18`", at 6:30 P.M., at College Park Elementary School in the cafeteria. Council Member Wooten advised there will be updates on community policing,Level Green Park and other Parks and Recreation general updates. April 16, 2024 80 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#75533 (Continued) Council Member Hutcheson advised he recently attended the Ability Center of Virginia's fundraiser organized to help raise the necessary funding to expand their building which they have outgrown. Council Member Hutcheson expressed he felt fortunate to meet Michelle Prendergast who has developed a phenomenal 501 c3 that offers programs and services to support the needs of children and adults with disabilities. Council Member Hutcheson explained the mission of the Ability Center is to encourage community inclusion,personal independence, healthy life choices, and social skill development. Council Member Hutcheson advised they are not requesting any funding but wanted to make the Body aware of the services they provide. Mayor Dyer advised it is a great and loving program that helps children with developmental disabilities going into adulthood and is another reason the City is known as such a loving City. April 16, 2024 81 AGENDA REVIEW SESSION ITEM#75534 4.53 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 21-230 re traffic calming 2. Resolution to APPROVE the 2024 Plan of Financing with the Virginia Beach Development Authority (VBDA) not to EXCEED $168.5-Million, APPROVE certain documents prepared in connection with such financing and AUTHORIZE the execution and delivery of same 3. Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement Bonds, in the maximum amount of$276-Million and PROVIDE for the form, details and payment thereof re authorized public improvements 4. Resolution to GRANT a permit to Hospital to Home LLC re ambulance services 5. Ordinance to ADOPT the 2024 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S. Department of Housing and Urban Development(HUD) 6. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Settlement Agreement with the United States of American under the Americans with Disabilities Act 7. Ordinance to AUTHORIZE acquisition of 1.301 f acres of property at 2425 George Mason Drive from Enterprise Investors,LLC re Building 24 8. Ordinance to EXTEND the date for satisfying the conditions re closing a I5 foot portion of an unimproved, unnamed alley adjacent to 650 South Atlantic Avenue and Lot 22 in Block 20 of Croatan Beach 9. Resolution to APPROVE an Extension of the Town Center Option Agreement and RECOMMEND that the Virginia Beach Development Authority(VBDA)APPROVE the Extension 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Sandbridge Shores Bass Inlet(a/kla Mill Pond)and into a 5'City-owned drainage and utility easement at the rear of 2945 Sand Bend Road re maintain an existing frame shed, timber pier, timber bulkhead, concrete boat ramp, and construct and maintain all aluminum boat lift with timber piles DISTRICT 2 April 16, 2024 82 AGENDA REVIEW SESSION ITEM#75534 (Continued) 11. Ordinance to ACCEPT and APPROPRIATE$7,940 from the Virginia Department of Behavioral Health and Developmental Services to FY2023-24 Human Services Operating Budget re Prevention Services Program 12. Ordinance to TRANSFER up to $800,000 from Vacancy Savings in the General Fund to Emergency Medical Services and AUTHORIZE 2 full-time employees re establishment and administration of the municipal pharmaceutical program for EMS, Fire and rescue squad staff and members 13. CITY OF VIRGINIA BEACHfor a Certi icate ofAppropriateness re appeal of Historical Review Board Decision on application to modify #21-20 to temporarily alter window openings (APPROVED)and remove natural slate roof and replace with synthetic slate(DENIED) at 2403 Courthouse Drive DISTRICT 2 April 16, 2024 83 AGENDA REVIEW SESSION ITEM#75534 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING I. WYCLIFFE PRESBYTERMN CHURCH & BHC, LLC / TRUSTEES OF WYCLIFFE PRESBYTERIAN CHURCH at 1445 North Great Neck Road&2307 Millwood Road(DISTRICT 8)for: • Modification of Conditions to a Conditional Use Permit (Applicant has requested to amend) • Conditional Change o Zoning from R-10 Residential to Conditional 0-1 Office (Applicant has requested to defer or withdraw) • Conditional Change o Zonin from R-10 Residential to Conditional R-10 • Variance to Section 4.4(b)of the Subdivision Regulations for Parcel A (Applicant has requested to defer or withdraw) • Variance to Section 4.4(b)of the Subdivision Regulations for Parcel Lot 5 2. CARL R. ELLIS,JR for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the lot to create two (2)single-family dwelling lots at 2620 Broad Bay Road DISTRICT 8 3. VIRGINIA BEACHAVA RE,LLCfor a Street Closure re approximately 813 square footportion of an unnamed, unimproved right-of-way adjacent to 2375 Virginia Beach Boulevard DISTRICT 3 4. BORN PRIMITIVE, LLC/MODERN SAVAGE INVESTMENTS, LLC for Modification of Proffers to Conditional Change of Zoning re modify the conceptual landscape plan and increase the height of the building at 1489, 1477 and 1469 Virginia Beach Boulevard and two (2)parcels directly east of 1469 Virginia Beach Boulevard DISTRICT 6 5. VIRGINIA ELECTRIC AND POWER COMPANY DBA DOMINION ENERGY VIRGINIA/ USA ENTERTAINMENT, LC for a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional I-1 Industrial District re construct an office / warehouse building and Conditional Use Permit re bulk storage yard at 1585 Dam Neck Road DISTRICT 5 6. TERRY MOORS MIFFLETON/CHARLES & TERRY MIFFLETON for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 403 DISTRICT 5 7. Ordinance to AMEND Section 111 of the City Zoning Ordinance(CZO)re definition of'dwelling unit, home sharing, kitchen and porch April 16, 2024 84 AGENDA REVIEW SESSION ITEM#75534 (Continued) M. PLANNING: ITEM#I WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED FOR DEFERRAL TO MAY 21,2024 VICE MAYOR WILSON WILL ABSTAIN ON ITEM#5 ITEM#7 WILL BE CONSIDERED SEPARATELY April 16, 2024 85 ITEM#75535 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 6 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) • ECSC Supplemental Support PERSONNEL MATTERS:Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies and Appointees Supplemental Support April 16, 2024 86 ITEM#75535 (Continued) Upon motion by Council Member Rouse,seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:10 P.M. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 4:10 P.M. — 4:21 P.M. Closed Session 4:21 P.M. — 5:54 P.M. April 16, 2024 87 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL APRIL 16,2024 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday,April 16, 2024, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. April 16, 2024 88 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a 'personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. April 16, 2024 89 VILF CERTIFICATION ITEM#7553 6 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: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None *Council Member Wooten stepped out during the Public Contract—ECSC Supplemental Support discussion due to a possible conflict of interest(4:22-5:19 P.M.) April 16, 2024 GR�1A-B,C. 4 G� O y� R U � � os OF OUR M�t RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#75535 on Page 86 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 ITRESOLVED:That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. N - Aman a Barnes, M ,C City Clerk April 16, 2024 90 ITEM— VII.G.1 MINUTES ITEM#7553 7 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of April 2,2024 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Robert W. "Worth"Remick Council Members Absent: None April 16, 2024 91 ITEM— VII.G.2 MINUTES ITEM#75538 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the FORMAL SESSION of April 9,2024 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Robert W. "Worth"Remick Council Members Absent: None April 16, 2024 92 ITEM— VII.G.3 MINUTES ITEM#75539 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of April 9,2024 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,David Hutcheson, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Robert W. "Worth"Remick Council Members Absent: None April 16, 2024 93 ITEM— VII.H.1 MAYOR'S PRESENTATIONS ITEM#75540 RESOLUTION AUTISMA RARENESS MONTH Council Member Berlucchi, on behalf of Mayor Dyer, welcomed the following and read the Resolution declaring April 2024 as, "AUTISM ACCEPTANCE MONTH", which recognizes an estimated I in 36 U.S. children and 1 in 45 U.S. adults with differences in verbal and nonverbal communication, social interaction, and repetitive behaviors, and can affect anyone. This Resolution recognized each of the eight (8)organizations in the City providing services to individuals on the Autism spectrum and their families: Families of Autism Coming Together(FACT), Tyler Williamson Aid Another: Christine Ross,Abby Gaines Sentara:Alison Barclift Social Butterflies, Shannon Cole Autism Society, Sharon Russell LEAF, Whitney King Lider,Al Howard Each member briefly spoke about their organization and expressed their appreciation to City Council for this recognition and City Council's continued support. April 16, 2024 QS`NX'Brgc � s sa rf� 94t RESOLUTION WHEREAS:Autism spectrum disorder affects an estimated I in 36 U.S. children and 1 in 45 U.S. adults and is a complex condition that affects each person differently,resulting in unique strengths and challenges;and WHEREAS. Autism results in differences with verbal and nonverbal communication, social interaction, and repetitive behaviors, and can affect anyone, regardless of race, ethnicity, gender, or socioeconomic background; and WHEREAS: Autism is often accompanied by medical conditions that impact quality of life;and WHEREAS:A comprehensive,collaborative approach will help promote connections to supports,services,community,and resources that individuals on the Autism spectrum need to live fully across their lifespan;and WHEREAS. Early identification and intervention tailored to individual needs can have lifelong benefits, easing the transition to adulthood and fostering greater independence;and WHEREAS.Each person and family affected by Autism should have access to reliable information and supports;and WHEREAS:Individuals on the Autism spectrum should have opportunities to reach their full potential and the whole of society stands to benefit from this;and WHEREAS.Nine of the organizations located in Virginia Beach providing services to individuals on the Autism spectrum as well as family members affected by Autism are: • FACT(Families ofAutism Coming Together) • The Autism Society Tidewater Virginia • Aid Another • Commonwealth Autism • Destination Family Services • Easterseals UCP and PORT Health • Lider Counseling&Consulting • Sentara Therapy Centers • The Social Butterflies Club® NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize FACT, Autism Society Tidewater Virginia, Aid Another, Commonwealth Autism, Destination Family Services,Easterseals UCP and PORT Health,Lider Counseling&Consulting,Sentara Therapy Centers,and Social Butterflies Club for their efforts to address the diverse needs of individuals on the Autism spectrum and their families and recognize April 2024 as Autism Acceptance Month in order to create a kinder,more inclusive world for people with Autism spectrum disorder. Adopted by the Council of the City of Virginia Beach, Virginia the 161 day of April,2024 and present this Resolution duly signed by each Me er,fthe 'nia Beach City Council with a copy spread u the M/mutes of this meeting. ` �(nr�l►t � ram! Cooed-Hem6er Kickaef E uccbi CouncdW mberBat6ara 9W.Y&nky Counedgwem6er oavidMutchmon �WWAVPN 0 CounciNem&rgi 6,b t'W. ortkNgZfmick CouncdX mberqX Am lia Aqus7fammond1buncd9We,6lem6erjenmifer`V. 49WW,"b,,,7,h,F Schulman CouncifAtem6n Cfuis7aylor erSa6rfna�D. ooten Vice 9Nayor emary' ikon SHayor9Q9C-91L Bo66y,,Dy- 94 ITEM— VII.H.2 MAYOR'S PRESENTATIONS ITEM#75541 PROCLAMATION JOHN OLIVER "DUBBY" WYNNEDAY On behalf of Mayor Dyer, Council Member Remick welcomed Susan Wynne and read the Proclamation declaring April 16, 2024 as, "JOHN OLIVER "DUBBY" WYNNE DAY", in remembrance for his love and devotion to his family, his deep and abiding faith in the Lord, his strong values, his passionate concern for the well-being of others, his unwavering commitment to the State of Virginia and Hampton Roads, and his tireless drive to change and improve the quality of life for others. Mrs. Wynne expressed her appreciation to City Council for their support and recognition of her husband. April 16, 2024 C177 w srL �`Or UR 'To jt Proclamation "4iiereiu:•7ofin Oliver'cDu66y"%6 nne was born on•7u6;6,1945 in Norfolk,Virginia and dual on October 26,2023 in'Virginia Beach,'Virginia where he residedfor more than fifty years,and Wiemas: Tw6by is survivedby the rove of his life,fits wife Susan Stribling Snodgrass Wynne,with whom he cefekated their 50tfi wedding anniversary on cDecem6er 23r44 2022. cDu66y is also survived 6y their two sons:Sohn Oaver'Wynne,Jr.,his wife Y(ritherine'Waddeff Uynne,and their two children;and Bradford Annan"ne,his wife Catherine Crawf rrd'Wynnc and theirfourdaughters,adCresidents of the City of Virginia Beach,-and Wliem= Susan andtDu6by's son LeeStri6fing'6tynne predeceasedit6by on Novem6er20tk 1984,at the age ofskfrom feukgmia. clorSusan andcDub6y,the hiss of Lee was the most painfide7erience of theirlives,and they were determinedas a couple to be devoted to the Lord in the hope of being reunitedwith Lee;and U4ier= cDu66y was a graduate ofNorfo"caderny,Princeton university,and the`University of Virginia Law Schoof tDub6y's eVenences at these institutions were hugely important to him andhe spent the rest of his fife giving 6ackto them innumerous ways intruding serving as President of the BoardofTntstees at Norfo"cademy,as a fong-time Tnistee at Brinceton'University,andas Wectorof the Bwrdof Visitors of the`University of Virginia;and Wheraat. Aftergraduating fmm raw schoorin 1971,Vu66y workfdas a corporate attorney at'WiffcoxSavage and then,in 1974,went to won!for frankBatten Sr.at LandmarkCommunicattons Inc,a company which hadinterests in newspapers,broadcasting,ca6re programming,anddigitafpu6luhing. cDub6y rose through the ranf�F at Landmark retiring as President andChief Executive Officer in 2001 andcontinuing to serve on the Boardof oirectois for many years thereafter, and 4Micrear In 1982,Landmarkintroduudthe'Weather Channel the 24-hour ca6fe networkwhich nubby was primarily responsible for launching andgrowing. In 1997, he reteivedtheVanguardAwardforsProgrammersfrom the NationafCa6feTakvisionAssociatwn and the Governor'sAwardfmm the NationarAcademy of Cable crogramming for Ins leadership and insight in making the'Weather Channefthe preeminent provider of weather information,andone of the most innovative and popular networks on television.'In 2016,cDu6by was elected to the Cabfe Television7faQofTame;and %4imm rDu66y was above alfa visionary civic leader committed to creating economic opportunity andsuccess for the Commonwealtfi of Virginia,the Hampton RN& region,and the City of Virginia Beach. Me was a tireless andenergetic advocate and traitblazerfor initiatives andorganizations that resuftedin positive economic growth for the 6eneftt of countless Virginians;and %*erms: cDubby was the formerChairman of the 9fampton 9?pads Community Toundation andformerCo-Chairman of the Hampton RgadsTartnersfiip. cDub6y foundedandservedas Chairfor wfinvent Hampton&ads,subsequenty re-organizedas the Nampton&ads Evcutive 4Rqundia6h;the region's economic development organization focusedon thought leadership,strategic direction,innovation,andcolla6oration. cDu66y also foundedandservedas Co-Chair of the 9fampton Ppads:Maritime ColLborative for Growth aZ Innovation(H`R94C)to advance the long-tern economic development andinnovation for the agion's signftcant maritime ecosystem;and liters cDu66y was a driving force 6ehindthe creation of the innovative GO Virginia program,a unique bipartisan,business-fedinitiatme to strengthen the economies of a ff regions of the Commonweartlr,including Mampton Reads. Me was the init ia(Cha ir of GO Virginia andservedon the Boa rduntdhis death;and Whereas: In 2006,cDu6by receiveda Tirst Citizen awardfrom the Nationd Governors'Assonation forcDistinguishedService to State Government for his workin creating and then implementing The Council on Virginia's T ture,which focuses on developing a long-range strategy and performance management system for the Commonwealth of Virginia;and %urea cDu66y was a champion of highereducation,serving as a 9Kemberof the Virginia Business 7figher Education Counci4 the state-appointedCounedofw-wher Education of Virginia,the Governor's Commission on 9figh¢rEducation Innovation andlnvestment,andtheVirginia?figherEducation-A visory Councik and 44Wmar In 2014,cDu66y receivedthe cDardenAwardfor4jggionafLeadership from the CIVICLeadership Institute andwas awankdan honorary degree,cDoctorof Humane Letters,from OfdiDominion`University. In 2020,vu66y was honored as a Living Legend by Virginia Business Xagazine,•and V ieren, In the words of Governor Glenn A.Toungkin,'cDubby(eft a forever markon the Commonwealth of Virginia,dedicating his immense e)perience andhts fife to improving economic opportunity andprospenty across Virginia';and 40erear vu66y con tinuaay inspired,encourage,4 mentored advised,andadvocatedfora multitude ofgovernment,education,and business readers,as wedlas students, with diverse socio-economic 6ackirounds. 7fe encouragedpeopfe to be innovative andsupportedentrepreneurship for the economic benefit of adVirgintans. cDu66y's impact on the Commonwealth of Virginia,the Hampton Rgads region,and the City of Virginia Beach ul9be feft,(eveiagecC and built upon for generations to come;and "*em= ou66y will6e rememberedfor his love of anddevotion to his family,his deep anda6iding claith in the Lor4 his strong vafues,his passionate concern for the well-being of others,his unwavering commitment to the State of Virginia and?fampton&ads,andhis tireless drive to change andimprove the quality of fife for others. Now,ghetafom 1,&bert W.'Bobby'T yer,%favor of the City of Virginia Beach,Virginia,do hereby proclaim: Aprill6 2024, ,7ofin Oliver "(Du66y" U,ynne Day In Virginia Beach,andl cal(upon the citizens of'Vnginia Beach to join me in remembering Sohn Oliver`cDubby''Wynneforfits dedication andliadershipfor 6uirdng a legacy that serves the citizens of Virginia Beach andsurrounding areas. In UAi ut'Whereof,I have hereunto set my handand caused the OffwialSeaf of the City of Virginia Beach,'Virginia,to be of iced this Sixteenth Day ofAptg Two thousa nd a nd Twen ty-Four. Jpocx �� 4(g6ert 9,f.'Bo66y'Oyer 9Nayor 95 ITEM— VU H.3 MAYOR'S PRESENTATIONS ITEM#75542 PROCLAMATION NATIONAL FALLEN FIREFIGHTERS MEMORML SERVICE DAY On behalf of Mayor Dyer, Council Member Hutcheson welcomed Chief Kenneth Pravetz and read the Proclamation declaring May 4, 2024 as, "NATIONAL FALLEN FIREFIGHTERS MEMORIAL SERVICE DAY" in remembrance of Virginia Beach Firefighter Captain Matthew "Chevy" Chiaverotti who lost his life,April 17, 2023, and all fire and emergency personnel who have made the ultimate sacrifice and pay respect to their survivors. Council Member Hutcheson encouraged citizens to participate in "Light The Night Red"Across America for Fallen Firefighters, May 1- 5, by changing their porch lights to red, pausing for a moment of silence, or reading a special passage to honor the sacrifices of these public servants and their families. Chief Pravetz expressed his appreciation to City Council for this recognition and continued support. April 16, 2024 u� S OUR 3ty[4'Q'W O`4�-4 �yyv VrDC amation WVherrax 2Fe VnitedStates Congress and the(President of the VnitedStates have designated the day of May 4,2024,the annua(NationalTFalXen(Firefighters Memoria(Service as a day to honor firefighters and emergency services personnel who have sacrificed their lives to save others 6y Cowering the-American )rag on allfederal6uddings to half-staff,and u4erwx An average of 80 firefighters courageously make the ultimate sacrifice in the fine of duty each year, and 94ereas: (Firefighters and emergency services personne(p(ay an essential role in the protection of fives and property in our localcommunity,•and "*ere". The National(Fallen Tirefrghters Memorial Wee4nd mark§the wee(grid/611ou ing International firefighters'(Day 2024;and %*e►eax It is of major importance that we increase our efforts to reduce deaths,injuries;and property fosses from fire-and W herear As duskturns to dark landnar:6,homes;fire service organizations,and businesses across the country wi(Iglow in respect from.'May 1-5,2024 to the fallen and theirfamifies;and "&n:ax In 2017,the Toundation created Light the Night for(Fal%n Tirefighter to recognize the 251h anniversary of the Nationa((Fallen'Firefighters Toundation and the National(Fallen firefighters MemorialWeeken4-and 'LUl rwx Light the Night forTallen(Firefighters has e7anded to include fire departments, businesses and families illuminating their homes and 6usinesses in re,4 and W iier= In remembrance of Virginia Beach Firefighter Captain Matthew"Chevy'Chiaverotti who lost his fife Apri(17,2023,andallfire andemergency personne(who have made the ultimate sacrifice and to pay respects to the survivors of our fallen heroes,participate in"Light 2lre Ntght�Red'Across America for EaQen Firefighters,May 1-5,6y changing your porch lights to red,pausing for a moment of silence,or reading a special passage to honor the sacrifices of these public servants and theirfamifies. Now,2ftertfonr I,q�g6ert A 'Bobby(Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim; Way 4, 2024 94tional'T'a!xen firefighters WemoridServke(Day In 'Girgeriia Beath, I call upon all citizens of Virginia Beach and upon all patriotic civic, and educational organizations to observe the day of May 4, 2024,in recognition of the patriotic service and dedicated efforts of our fire andemergency services personnel6y CoweringAmerican flags on ad buildings to half-staff. In Uitness Mereof, 1 have hereunto set my hand and caused the Offwiaf Sea(of the city of Virginia Beach, Virginia,to be affixed this Sixteenth(Day of April•Two 9housandandTwenty-Tour. &6ert A 'Bo66y'(Dyer Mayor 96 ITEM— VII.I FORMAL SESSION AGENDA ITEM#75543 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6) minutes to speak on all items. Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions K. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 and Planning L:2 (DEFERRED TO MAY21,2024), 3, 4, 5 and 6 Voting: 11 - 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None L. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY VICE MAYOR WILSON WILL ABSTAIN ON ITEM#5 ITEM#7 WILL BE CONSIDERED SEPARATELY April 16, 2024 97 ITEM— VII.K.1 ORDINANCESIRESOL UTIONS ITEM#75544 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTI,D, BY CONSENT, Ordinance to AMEND City Code Section 21-230 re traffic calming Voting: 11 - 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 Pursuant to §46.2-878.2 of the Code of Virginia, any person who operates a motor 17 vehicle in excess of the maximum speed limit established for any portion of the following 18 highways located within the designated neighborhoods, on or after the effective date, 19 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 20 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty (20) hours of community service. 22 (1) L $ J Garden: Norwich Avenue;Tajo Avenue; Fairlawn Avenue; Dulcle Avenue. 23 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 24 Road; Old Kempsville Road. 25 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 26 (4) Little Neck: Harris Road. 27 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith 28 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 29 Smith Farm Road. 30 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 31 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; 32 Rampart Avenue; Sayville Road; Lookout Road; Sandy Bay Drive. 33 (8) Country Haven: Stewart Drive. 34 (9) Fairfield: Lord Dunmore Drive. 35 (10)Bellamy Manor: Homestead Drive. 36 (11)Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 37 (12)Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. 38 (13)Sayville Park: Greenwell Road (From Shore Drive to First Court Road). 39 (14)Milburn Manor: Davis Street. 40 (15)Lake James: Lake James Drive. 41 (16)Larkspur. Edwin Drive from Princess Anne Road to Independo nce Blvd. 42 Effective as of April 6, 2004: 43 (1) Croatan: Croatan Road. 44 (2) Birdneck Point: Cardinal Road. 45 Effective as of April 5, 2005: 46 (1) Thoroughgood: Thoroughgood Drive. 47 (2) Hermitage Road. 48 Effective as of September 12, 2006: 49 (1) Kings Grant: Oxford Drive. 50 Effective as of January 27, 2009: 51 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 52 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 53 Effective as of August 10, 2010: 54 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 55 1900 block of Grey Friars Chase. 56 Effective as of September 5, 2018. 57 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 58 Effective as of November 12, 2019: 59 (1) Aragona: Sullivan Boulevards between Aragona Boulevard to Haygood Road. 60 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 61 Drive. 62 Effective as of November 17, 2020. 63 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh Drive. 64 Effective as of October 4, 2022: 65 (1) Bay Island: Broad Bay Road. 66 67 Effective as of April 16, 2024: 68 (1� Linkhom Park: Pinewood Road between the Little Neck Creek Culvert to 69 Holladay Point. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 16 t h day of April__ ___. , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: vev , , (4, X� a,61111 -- Police Department City A 's Office APPROVED S TO CONTENT: Public Wo CA16477 - R-1 April 1,2024 98 ITEM— VHK.2 ORDINANCESIRESOL UTIONS ITEM#75545 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to APPROVE the 2024 Plan of Financing with the Virginia Beach Development Authority(VBDA) not to EXCEED$168.5-Million,APPROVE certain documents prepared in connection with such financing and AUTHORIZE the execution and delivery of same Voting: 11 - 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 RESOLUTION APPROVING A PLAN OF FINANCING WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, APPROVING CERTAIN DOCUMENTS PREPARED IN CONNECTION WITH SUCH FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME WHEREAS, the City of Virginia Beach, Virginia (the "City") desires to undertake, in connection with the City of Virginia Beach Development Authority (the "Authority"), the financing from time to time of projects for the acquisition, construction, renewal, upgrade, replacement and other improvements for various public facilities and equipment, including projects for public buildings and structures; public school facilities; public streets and roads and related infrastructure; computer and information technology systems; energy management and heating ventilation and cooling systems; communications systems and related hardware and software; public parks and other recreational facilities; and funding for strategic growth area and economic development programs(collectively,the"2024 Projects"); and WHEREAS, the City further desires to achieve debt service savings by refinancing certain of the public facility revenue bonds and refunding revenue bonds (the "Prior Bonds") previously issued by the Authority on behalf of the City to finance or refinance various public facilities; and WHEREAS,the Authority, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), under which it is created, is authorized to acquire, improve, maintain, equip, own, lease and dispose of"Authority facilities," as defined in the act, to finance or refinance such facilities, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, in furtherance of the purposes of the Act, the City requests the Authority's assistance through the issuance of its Public Facility Revenue Bonds in the maximum principal amount of $168,500,000 (the "Series 2024 Project Bonds") and its Public Facility Refunding Revenue Bonds (the "Series 2024 Refunding Bonds") in the maximum principal amount necessary to pay the principal of, premium if any, interest on and related issuance cost of any Prior Bonds to be refunded, to finance the 2024 Projects and refund selected Prior Bonds and in paying costs of issuing the Series 2024 Project Bonds and Series 2024 Refunding Bonds (together the"Series 2024 Bonds); and WHEREAS, there have been provided or made available to City Council of the City(the "City Council") drafts of the following documents (the "Documents"), proposed in connection with the undertaking of the 2024 Projects, the refunding of the Prior Bonds and the issuance and sale of the Series 2024 Bonds, which Documents will be provided to the Authority in connection with the approval requested of the Authority: (a) Twelfth Supplemental Agreement of Trust draft, to be dated the first day of the month of its execution and delivery (the "Twelfth Supplemental Agreement"), supplementing the Agreement of Trust dated as of September 1, 2003, as 4868-4935-6977.2 previously supplemented, including the form of the Series 2024 Bonds (collectively, the "Trust Agreement"), all between the Authority and U.S. Bank Trust Company, National Association (successor to Wachovia Bank, National Association), as successor trustee (the "Trustee"), pursuant to which the Series 2024 Bonds are to be issued and which is to be acknowledged and consented to by the City; (b) Eleventh Supplemental Support Agreement draft, to be dated the first day of the month of its execution and delivery, supplementing and amending the Support Agreement dated as of September 1, 2003, as previously supplemented and amended (the "Support Agreement"), all between the Authority and the City pursuant to which the City will make annual payments to the Authority in amounts sufficient to pay the principal of and interest on the Series 2024 Bonds; (c) Preliminary Official Statement draft of the Authority, to be dated the date of its public distribution, relating to the public offering of the Series 2024 Bonds (the Preliminary Official Statement"); and (d) Continuing Disclosure Agreement draft, to be dated the first day of the month of its execution and delivery, the form of which is appended to the Preliminary Official Statement, pursuant to which the City agrees to undertake certain continuing disclosure obligations with respect to the Series 2024 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. The following plan for financing the 2024 Projects and refunding the Prior Bonds is hereby approved. (a) The Authority will issue the Series 2024 Project Bonds in a maximum aggregate principal amount not to exceed $168,500,000. The Authority will issue the Series 2024 Refunding Bonds in in the maximum principal amount necessary to pay the principal of, premium if any, and interest on any Prior Bonds to be refunded plus issuance costs and expense related to any such refunding. The Authority will use the proceeds of the Series 2024 Bonds to finance the costs of the 2024 Projects and proceeds of the Series 2024 Refunding Bonds to refund the Prior Bonds selected for refunding, all within the limitations set forth in paragraph(b) and Section 4 below, and at the election of the City Manager to pay all or a portion of the costs of issuance of the Series 2024 Bonds. Pursuant to the Support Agreement, the City will make Annual Payments and Additional Payments (as each is defined in the Support Agreement) to the Authority in amounts sufficient to amortize the Series 2024 Bonds and to pay the fees or expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of and premium, if any, and interest on the Series 2024 Bonds will be limited to Annual Payments and Additional Payments received from the City. The Series 2024 Bonds will be secured by an assignment of the Annual Payments and certain Additional Payments due under the Support Agreement, all for the benefit of the holders of the Series 2024 Bonds. The undertaking by the City to make Annual Payments and Additional Payments will be subject to the City Council making annual appropriations in amount sufficient for such purposes. The plan of financing for 2 48684935-6977.2 the 2024 Projects shall contain such additional requirements and provisions as may be approved by the City. (b) In connection with the refunding of the Prior Bonds, the City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and, working with the Authority, to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present value basis as determined by the City's financial advisor, Davenport & Company LLC (the "Financial Advisor"). In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold portions of the proceeds of the Series 2024 Bonds, defeasance securities purchased with such proceeds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 2. The City Council, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments due under the Support Agreement and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 3. The City Manager is hereby authorized to execute the Documents, which shall be in substantially the forms provided or made available to City Council, which are hereby approved, with such completions, omissions, insertions and changes, including changes to the dates thereof, not inconsistent with this Resolution as may be approved by the City Manager, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. In making completions to the Support Agreement, the City Manager, in collaboration with the Financial Advisor, shall provide for Annual Payments in amounts equivalent to, and at all times sufficient to make, the payments on the Series 2024 Bonds, which shall be sold to the purchaser or purchasers thereof on terms as shall be satisfactory to the City Manager; subject to the following: (a) With respect to the Series 2024 Project Bonds, such bonds (i) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than February 1, 2026, and ending no later than February 1, 2046, (ii) have a true or "Canadian" interest cost not exceeding (A) 5.00% respecting any such bonds issued as tax- exempt obligations and (B) 7.00% respecting any such bonds issued as taxable obligations (in each case taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than 99% of the aggregate principal amount thereof and (iv) shall be subject to optional redemption beginning no later than and continuing 3 4868-4935-6977.2 after February 1, 2035, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date; and (b) With respect to the Series 2024 Refunding Bonds, such bonds (i) shall mature not later than the end of the fiscal year in which the related series of Prior Bonds being refunded matures, (ii) have a true or "Canadian" interest cost not exceeding 5.00% (taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than 99% of the aggregate principal amount thereof and (iv) shall be subject to optional redemption prior to maturity beginning no later than and continuing after February 1, 2035. (c) The City Manager is further authorized to approve the principal amounts, maturity schedules and interest payment dates, including determination of any serial maturities and any term maturities, for the Series 2024 Bonds and, in consultation with the Financial Advisor, to provide for the issuance of the Series 2024 Bonds in one or more series at the same time or at different times as tax-exempt or taxable obligations, with appropriate series designations, as the City Manager determines to be necessary or appropriate and in the best interest of the City. (d) The Series 2024 Bonds may be sold by competitive bid, negotiated sale to one or more underwriters or private placement as the City Manager may determine in consultation with the Financial Advisor. The Series 2024 Bonds may be issued in one or more series in the principal amount determined by the City Manager, in collaboration with the Financial Advisor. In the case of a competitive sale, the City Manager shall receive bids and award the Series 2024 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in the paragraphs above. In the case of a negotiated sale or private placement, the City Manager and the Finance Director, with the consent of the City Manager are each authorized to enter into a purchase contract or agreement for the sale of the Series 2024 Bonds, subject to the limitations set forth in the paragraphs above. Following the sale of the Series 2024 Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Series 2024 Bonds. The actions of the City Manager in approving the terms of the Series 2024 Bonds shall be conclusive, and no further action shall be necessary on the part of the City Council. 5. The Preliminary Official Statement in the form provided or made available to City Council is approved with respect to the information contained therein pertaining to the City. The Preliminary Official Statement in form deemed to be "near final," within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager is authorized to be distributed in connection with the marketing and sale of the Series 2024 Bonds. Such distribution shall constitute conclusive evidence that the City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, with respect to the information therein pertaining to the City. The City Manager is authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Series 2024 Bonds, within the limitations as set forth in Section 4, and the details thereof and that are appropriate to complete it as an official statement in final form (the "Official Statement") and 4 4868-4935-6977.2 distribution thereof to the purchaser or purchasers of the Series 2024 Bonds shall constitute conclusive evidence that the City has deemed the Official Statement final as of its date within the meaning of the Rule. 6. The City covenants that it shall not take or omit to take any action the taking or omission of which shall cause the Series 2024 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code), and regulations thereunder, or otherwise cause interest on the Series 2024 Bonds to be includable in the gross income for Federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the Unites States of America any part of the earnings derived from the investment of the gross proceeds of the Series 2024 Bonds. The City shall pay from its legally available general funds any amount required to be rebated to the United States of America pursuant to the Code. 7. To ensure compliance with federal tax law after the Series 2024 Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply the Post-Issuance Compliance Policies and Procedures adopted by Council on March 13, 2012 to monitor the use of the proceeds of the Series 2024 Bonds, including the use of the projects financed and refinanced with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements, and to ensure compliance with continuing disclosure requirements of federal securities law with respect to the Series 2024 Bonds, such officers are authorized and directed to apply the continuing disclosure procedures contained in such Compliance Policies and Procedures to such Series 2024 Bonds. 8. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Series 2024 Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 9. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other acts of the City Manager, the Director of Finance and other officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Series 2024 Bonds, the undertaking of the 2024 Projects and the refinancing of the Prior Bonds are hereby approved and ratified. The City Manager is authorized to prepare, modify or amend such documents and agreements as may be required to evidence the approval of such other actions. 11. The City Manager is authorized and directed to cause a certified copy of this Resolution to be filed with the Authority to evidence the City Council's request for assistance and approval of the plan of financing for the 2024 Projects and refinancing of the Prior Bonds through the issuance by the Authority of the Series 2024 Bonds. 5 4868-4935-6977.2 12. This Resolution shall take effect immediately. CERTIFIED TO BE A TRUE COPY OF A RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ON April 16, 2024. i Jerk, o City C it of the City of Virginia Beach, Virginia 7 4868-4935-6977.2 Adopted by the City Council of the City of Virginia Beach,Virginia,this 16 t gay of April 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department City Attorney's Office CA 16472 R-1 April 5,2024 i 4868-4935.6977 7 CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held virtually on April 16, 2024 with Council members participating via video/audio conference, at the time established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: PRESENT/ABSENT: `VOTE: Robert M. Dyer, Mayor X /_ A y e Rosemary Wilson, Vice Mayor X /_ A y e Michael F. Berlucchi X /_ A y e Barbara M. Henley x /_ A y e David Hutcheson X /_ A y e Robert W. Remick x /_ A y e Amelia Ross-Hammond /_ A y e Jennifer V. Rouse /_ A y e Joashua F. Schulman /_ A y e Chris Taylor /_ A y e Sabrina D. Wooten /_ A y e 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on April 16, 2024. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Vida, this 16 t h day of April 2024. Cler , ty Counc' f the City of Virginia Be , Virginia (SEAL) 9 48684935-6977.2 99 ITEM— VII.K.3 ORDINANCESIRESOL UTIONS ITEM#75546 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement Bonds, in the maximum amount of$276-Million and PROVIDE for the form, details and payment thereof re authorized public improvements Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS IN THE MAXIMUM AMOUNT OF$2769000,000 TO FUND HERETOFORE AUTHORIZED PUBLIC IMPROVEMENTS AND GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS IN THE PRINCIPAL AMOUNT NECESSARY TO REFUND FOR SAVINGS PREVIOUSLY AUTHORIZED AND ISSUED BONDS, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $72,208,245 of bonds of the City was authorized by an ordinance adopted by the City Council on May 15, 2018, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects,building and parks and recreation projects, $41,078,863 of which have been issued and sold, leaving an unsold balance of$31,129,382. The issuance of $71,009,710 of bonds of the City was authorized by an ordinance adopted by the City Council on May 14, 2019, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $5,676,843 of which have been issued and sold, leaving an unsold balance of$65,332,867. The issuance of $69,741,841 of bonds of the City was authorized by an ordinance adopted by the City Council on May 12, 2020, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. The issuance of $68,652,307 of bonds of the City was authorized by an ordinance adopted by the City Council on May 11, 2021 and administratively reduced to $61,678,775, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. The issuance of $567,500,000 of bonds of the City was authorized by an ordinance adopted by the City Council on November 16, 2021, after having been submitted to and approved by the qualified voters of the City, to finance twenty-one projects for a comprehensive flood mitigation program, none of which have been issued and sold, such bond authorization having been extended for a ten year duration by Order of the Circuit Court of the City of Virginia Beach dated December 21, 2021. The issuance of $69,107,404 of bonds of the City was authorized by an ordinance adopted by the City Council on May 10, 2022, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. The issuance of $62,460,057 of bonds of the City was authorized by an ordinance adopted by the City Council on May 9, 2023, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. It has been recommended to the City Council by representatives of Davenport & Company LLC (the "Financial Advisor") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of$276,000,000. The City Council has determined it is in the City's best interest to issue and sell up to $31,129,382 of the bonds authorized on May 15, 2018; up to $65,332,867 of the bonds authorized on May 14, 2019; up to $61,537,751of the bonds authorized on May 12, 2020; none of the bonds authorized on May 11, 2021; and up to $118,000,000 of the bonds authorized on November 16, 2021; none of the bonds authorized on May 10, 2022; and none of the bonds authorized on May 9,2023 The City has previously issued several series of General Obligation Public Improvement Bonds and General Obligation Public Improvement Refunding Bonds portions of which remain outstanding (the "Prior Bonds"). It has been recommended to the City Council by the Financial Advisor that the City may achieve debt service savings by refunding all or portions of certain of the Prior Bonds through the issuance of general obligation public improvement refunding bonds, subject to certain parameters set forth herein. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of $276,000,000 (the "Public Improvement Bonds") and general obligation public improvement refunding bonds of the City in the maximum principal amount necessary to pay the principal of, premium if any, and interest on any Prior Bonds to be refunded plus related issuance costs and expenses of issuing bonds for such refunding (the "Refunding Bonds," and collectively with the Public Improvement Bonds, the `Bonds"). The proceeds of the Public Improvement Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, buildings and parks and recreation and flood mitigation improvements, as more fully described in the ordinances authorizing the Public Improvement Bonds adopted on May 15, 2018, May 14, 2019. May 12, 2020, and November 16, 2021. The proceeds of the Refunding Bonds will be used to refund the Prior Bonds or selected maturities or portions of maturities thereof for debt service savings as herein authorized. Proceeds of the Public Improvement Bonds and Refunding Bonds may also be applied to the costs incurred in connection with issuing such obligations. 2 2. Bond Details. The Bonds may be issued in one or more series, including issuance as a combined series, and shall be designated "General Obligation Public Improvement Bonds;"provided any Bonds issued in whole or in part as Refunding Bonds shall also contain the word "Refunding" in such designation. The Bonds shall contain the series designation 2024 or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R 1 or RF-1 upward as appropriate. The Bonds if issued as separate series may be sold at the same time or at different times as determined by the City Manager in consultation with the Financial Advisor, and the principal amount of each series of Bonds shall be determined by the City Manager in his discretion in consultation with the Financial Advisor. The Bonds may be sold as taxable or tax-exempt obligations as the City Manager may determine in consultation with the Financial Advisor and the City's Bond Counsel. Subject to Section 9, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed (i) 5.00% with respect to the Public Improvement Bonds and (ii) 5.00% with respect to the Refunding Bonds (in each case taking into account any original issue premium or discount), (b) shall be sold to the purchaser or purchasers thereof at a price not less than 99% of the principal amount thereof, (c) shall be subject to optional redemption beginning no later than and continuing after February 1, 2035, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than February 1, 2026, and ending no later than February 1, 2046 provided, however, the maturity of any Refunding Bonds shall not be later than the end of the fiscal year in which the related series of Prior Bonds to be refunded matures. Principal of the Bonds shall be payable annually on dates determined by the City Manager, which principal payment dates need not be the same for each series. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a)the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b)the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii)to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City Manager, 3 attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 6; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 8. So long as there is a Securities Depository for the Bonds, (1)it or its nominee shall be the registered owner of the Bonds, (2)notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3)the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4)references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Refunding Provisions The City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.00% on a net present value basis as determined by the Financial Advisor. In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold and provide for investment of all or portions of the proceeds of the Refunding Bonds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 4. Redemption Provisions. 4 (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than February 1, 2035 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager in consultation with the Financial Advisor. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70`h day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a)the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by$5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for providing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be provided to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 5 5. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon;provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 6. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 7. Pledize of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 8. Rep-istration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the"Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 5, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 9. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections 1 through 4, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the sale 6 provisions and limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 10. Notice of Sale. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of the Official Notice of Sale, which form is attached as an Appendix to the draft of the Preliminary Official Statement described in Section 11 below, and which form is approved;provided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City. 11. Official Statement. A draft of a Preliminary Official Statement relating to the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bonds, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 12. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12")of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 13. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 14. Arbitrate Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations 7 _.-.W issued pursuant thereto (the"Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 15. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 16. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law,the City need not comply with such covenants. 17. Post-Issuance Compliance. The Post Issuance Compliance Procedures established as directed by resolution of the City Council adopted on March 13, 2012 and as amended from time to time will apply to the Bonds to ensure that the proceeds of the Bonds and the projects financed with such proceeds are used in compliance with the provisions of federal tax law applicable to tax-exempt governmental obligations. 18. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 11 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. The Mayor, the City Manager and such other officers of the City as either may designate are further authorized to the extent necessary or appropriate to develop, implement or enhance 8 procedures to ensure compliance with the City's undertakings related to Rule 15c2-12 for all obligations issued and to be issued by the City to which such Rule applies. 19. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The City Manager or his designee is authorized to transfer funds to the City of Virginia Beach Public Schools for projects to be reimbursed from proceeds of the Bonds, and any funds previously transferred for such purpose is hereby ratified, confirmed and shall be reimbursed from proceeds of the Bonds. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 20. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of certain of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 21. Reveal of Conflictiny. Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 22. Effective Date. This Resolution shall take effect immediately. Exhibit A—Form of Bond 9 Exhibit A—Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No. UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public [and Refunding] Improvement Bond Series 2024A INTEREST RATE MATURITY DATE DATED DATE CUSIP % , 2024 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each and , beginning , 20_, at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of$ General Obligation Public Improvement [nd Refunding] Bonds, Series 2024A (the "Bonds"), of like date and tenor, except as to number, denomination,rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 15, 2018, May 14, 2019. May 12, 2020, May 11, 2021, and November 16, 2021, and are being issued pursuant to a resolution adopted by the City Council on April 16, 2024 (the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation and flood mitigation improvements and to pay costs of issuance of the Bonds. The Bonds maturing on or before , 20_, are not subject to optional redemption prior to maturity. The Bonds maturing on or after , 20 , are subject to redemption prior to maturity at the option of the City on or after , 20 in whole or in part at any time (in any multiple of$5,000). upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed Both Dates Inclusive) Redemption Price [The Bonds maturing on , 2C_, are required to be redeemed in part before maturity by the City on , 20_,in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on , 20 in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit.] If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a)the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by$59000. A-2 The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the 15th day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL 11 Clerk, ity of Vir nia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-3 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s)unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be (Signature of Registered Owner) guaranteed by an Eligible Guarantor NOTICE: The signature above must Institution such as a Commercial Bank, Trust correspond with the name of the registered Company, Securities Broker/Dealer, Credit owner as it appears on the front of this bond in Union or Savings Association who is a every particular, without alteration or member of a medallion program approved by enlargement or any change whatsoever. The Securities Transfer Association, Inc. A-4 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this 16 t h day of April 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department 1ty Attorneys Office CA16471 R-1 April 5,2024 4884-0668-5617.1 I 100 ITEM— VUK.4 ORDINANCESIRESOL UTIONS ITEM#7554 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to GRANT a permit to Hospital to Home LLC re ambulance services Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 1 A RESOLUTION TO GRANT A PERMIT TO HOSPITAL TO 2 HOME LLC FOR AMBULANCE SERVICES 3 4 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 5 10.5-2, any individual or organization that desires to operate an emergency medical 6 services agency or emergency medical services vehicles in Virginia Beach for emergency 7 transport or non-emergency transport purposes must apply for a permit; and 8 9 WHEREAS, an application for a permit has been received from Hospital to Home 10 LLC, a/k/a H2H Emergency Services; and 11 12 WHEREAS, the Virginia Beach Department of Emergency Medical Services 13 recommends approval of the application; and 14 15 WHEREAS, the City Council finds the approval of this application is in the best 16 interests of the citizens of Virginia Beach as it will assure continued and adequate 17 emergency services and will preserve, protect and promote the public health, safety and 18 general welfare of the citizens. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That Hospital to Home LLC, a/k/a H2H Emergency Services is hereby granted an 24 emergency medical services permit in accordance with City Code § 10.5-2, effective 25 immediately and until June 30, 2025. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t hday of 28 April , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: EAaOrgency Medical Services City A or ice CA16207 R-2 April 5, 2024 101 ITEM— VII.K.5 ORDINANCESIRESOL UTIONS ITEM#75548 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ADOPT the 2024 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S.Department of Housing and Urban Development(HUD) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 1 AN ORDINANCE TO ADOPT THE 2024 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN AND REVISED 3 ADMINISTRATIVE PLAN AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE AND SUBMIT THE PLANS TO 5 THE U.S. DEPARTMENT OF HOUSING AND URBAN 6 DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally funded Housing Choice Voucher Program ("HCV"), 10 formerly known as the Section 8 Program; 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit an HCV Administrative Plan and 14 either: (i) an Annual Agency Plan for each fiscal year in which DHNP receives federal 15 funding for its HCV Program; and (ii) an HCV Administrative Plan; 16 17 WHEREAS, the Annual Agency Plan provides an update to HUD on DHNP's 18 progress in achieving the goals of the current Five-Year Plan; 19 20 WHEREAS, the purpose of the HCV Administrative Plan is to describe in detail the 21 operational procedures of the HCV program in DHNP. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, THAT: 25 26 1. The DHNP's Annual Agency Plan and Revised HCV Administrative Plan for the 27 Housing Choice Voucher Program (the "Plans") are hereby approved, provided 28 such Plans conform in all material aspects to the Annual Plan and Executive 29 Summary of Administrative Plan attached hereto; and 30 31 2. The City Manager is hereby authorized to execute and submit the Plans and 32 any certifications regarding such Plans to the U.S. Department of Housing and 33 Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of—Agri-1 _ , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ou mg & Neighborhood Preservation rn y's Office CA16490 R-1 April 2, 2024 Executive Summary 2024 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 Federally Required Plans for the Housing Choice Voucher Program The Department of Housing&Neighborhood Preservation(DHNP)operates the federal Housing Choice Voucher Program(HCV) in the city. The program provides funding for rental subsidies for over 2,000 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program,the city must establish policy and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary Purpose and Status Content Five Year Provides long term guidance This plan was developed Agency Plan for the program and adopted by Council in 2020. Annual Agency Describes the agency's plan Developed by staff and Plan for the current year, proposed for adoption by consistent with the five-year Council with this ordinance plan Administrative Describes in detail how the Amendments have been Plan HCV program will operate developed by staff and are proposed for adoption by Council with this ordinance Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that establishes local policies for administration of the(HCV)program in accordance with HUD requirements. The administration plan and any revisions of the plan must be formally adopted by the City Council. This is required because Virginia Beach does not have a housing authority and,therefore no board of commissioners. The administrative plan states VBDHNP's policy on matters for which the VBDHNP has discretion to establish local policies. The plan must be in accordance with HUD regulations and requirements. The current administrative plan was approved by the Virginia Beach City Council on April 6,2021,and subsequently submitted to the Department of Housing and Urban Development. The administrative plan is a required attachment for the agencies Five Year and Annual Agency Plans which are also submitted by the VBDHNP. 1 Executive Summary 2024 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 CONTENTS OF THE PLAN Federal regulations 24 CFR 982.54 further stipulate the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: • Assisting a family that claims that illegal discrimination has prevent the family from leasing a suitable unit(Chapter 2); • Occupancy polices, including definition of what group of persons may qualify as a"family", definition of when a family is considered to be"continuously assisted"(Chapter 3); • How to determine who remains in the program is a family breaks up(Chapter 3); • Providing information about a family to prospective owners (Chapters 3 and 9); • Selection and admission of applicants from the DHNP waiting list, including any DHNP admissions preferences,procedures for removing applicant names from the waiting list,and procedures for closing and reopening the DHNP waiting list (Chapter 4); • Any special rules for use of available funds when HUD provides targeted funding to the DHNP for special purposes(e.g. Mainstream, IDD), including funding for specified families or specified category of families(Chapter 4); • Issuing or denying vouchers, including DHNP policy on governing the voucher term and any extensions or suspensions of the voucher term. "Suspension"means stopping the clock on the term of a family's voucher after the family submits a request for"approval of the tenancy" (Chapter 5); • Subsidy standards (Chapter 5); • The process for establishing and revising voucher payment standards(Chapter 6); • The method of determining reasonable rent to owners (Chapter 8); • Procedural guidelines and performance standards for conducting required housing quality standard inspections(Chapter 8); • Special policies concerning special housing types in the program (e.g. use of shared housing) (Chapter 9); • DHNP screening of applicants for family behavior or suitability for tenancy (Chapter 9); 2 Executive Summary 2024 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 • Restrictions on the number of moves by a participant family(Chapter 10); • Interim re-determinations of family income and composition(Chapter 11); • Standards for denying admissions or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 12); • Family absence from the dwelling unit(Chapter 12); • Policies concerning debts owed by families to DHNP(Chapter 12); • Encouraging participation by owners of suitable units located outside of areas of low income (Chapter 13); • Disapproval of owners(Chapter 13); • Informal review procedures for applicants(Chapter 14); • Informal hearing procedures for participants(Chapter 14); • Approval by City Council or other authorized officials to establish/change the maximum amount that may be charged against the unrestricted net position (UNP)and administrative fee reserve(Chapter 16); Additional Detail on Plan Contents Annual Agency: This plan must be submitted annually. The plan was developed by staff and contains the following information: • Eligibility, selection and admissions policies, including de-concentration and wait list procedures • Financial resources • Rent determination procedures • Operations and management • Grievance procedures • Civil rights certifications • Fiscal year audit • Housing needs for the area • Strategy for meeting housing needs • Progress in meeting mission and goals • Any significant amendment and substantial deviations or modifications 3 Executive Summary 2024 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 • Any plan elements that have been revised since the last Annual Plan certification • A listing of the locations where key elements of the Plan can be found As mentioned,many of the above requirements are contained in documents that are maintained in the offices of DHNP. Those documents and their location can merely be cited rather than included in this plan. In addition to City Council adoption of the 2024 Agency Plan(HUD Form 50077-ST), there must also be approval of two other HUD required certifications. A copy of those certifications is attached to this executive summary. The first certification is HUD Form 50077-ST-HCV-HP which speaks to DHNP's compliance with various program and statutory requirements including Fair Housing, Title VI, or the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, ADA regulations and various other federal laws. The second certification is HUD Form 50077-SL which states that the Housing Choice Voucher Agency Plan is consistent with the City's Consolidated Plan and is previously cited. On February 23,2024,the Annual Plan Update was made available to the public for the required 45-day review period. A public meeting was held on April 8,2024, in conjunction with our resident advisory board meeting. Their comments will be attached to the final HUD submission along with any that are received from the general public. The approved Annual Agency Plan along with the two required certifications must be electronically submitted to HUD no later than April 17, 2024,which is the required 75 days before the beginning of our Fiscal Year of July 1, 2024. Administrative Plan: Staff has developed revisions to the 2024 plan. Due to the Housing Opportunity Through Modernization Act of 2016, signed into law,July 29, 2016,the Department of Housing& Urban Development(HUD)has mandated implementation of all aspects of the law that impacts the Housing Choice Voucher program by December 31, 2024. As the result of this requirement there are a number of significant changes, along with the routine changes that happen from year to year to the submitted Administrative Plan. Primary differences between the prior plan and this proposed revision are as follows: • Establishing a ceiling of 2500 applicants when the waiting list is opened. • Removing the families with children preference from the waiting list. Modifying the working and residency preference which removed the one-year requirement and adding a mainstream preference to support additional funding/vouchers for a targeted population (non-elderly and disabled needing supportive services). 4 Executive Summary 2024 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 • Change in the occupancy standards: Establishing that a married/cohabitating couple or single head of household will be granted 1 bedroom, and then every 2 people listed in the family being granted a bedroom to determine voucher size. • HOTMA will remove the statutory authority for the Earned Income Disallowance effective January 1, 2024. All current participants that utilize the EID,will still be eligible for their 24-month period,but will not be utilized for any new participant. • The regulations under HOTMA distinguish between two categories of student financial assistance paid which will now include both full-time and part-time students. • An increase in the amount of assets requiring documentation increased from $5,000 to $50,000. • The allowance for elderly or disabled families will increase from $400 to $525 per year and will be adjusted annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers,rounded to the next lowest multiple of$25. • The allowance for dependents will remain at$480 for this year but will be adjusted annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers,rounded to the next lowest multiple of$25. • Pending an approved process,the DHNP may make utility payments directly to the utility company vs the participant. • The HUD form 9886(Release of Information)will not be required to be signed annually by adult participants. The form will now only be required when first admitted to the program, or an adult is added to the family or when minor dependents turn 18. • Documentation of income will only be accepted via third party sources and the DHNP will not accept documentation from other assistance program's income documentation(i.e. Human Services), for any new admission or interim reexamination requests. • Under HOTMA, if 90 percent or more of a family's unadjusted income is from fixed sources,the DHNP will utilize the streamlined annual reexamination process by applying the verified inflationary adjustment factor to fixed-income sources (e.g., SS, SSI, Pension, VA Benefits). 5 Executive Summary 2024 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 • Under HOTMA,the DHNP will utilize The New Hires Report at each annual reexamination for each participant. • The DHNP will now obtain minimally a month's worth of paystubs when processing the participant's annual reexamination. • The DHNP will not conduct Remote Video Inspections for its Housing Quality Standards(HQS) inspections, unless by Executive Order. • The DHNP defines a lease term of one year to be from commencement to the end of the 12th month or from commencement to the end of the 1 Ith month and gives the choice to the owner and all leases must end on the last day of the month. • The DHNP defines,"In Good Standing",with an owner to be as,"not in arrears for past rent,not owing monies for damaging the property,nor excessive 5-day notices,or 21-30 notices (more than 3 in a 12-month period). This status is required in order to maintain continued assistance. • The DHNP will not process an interim reexamination for an income increase if the effective date is less than 90 days before the annual reexamination effective date. • The DHNP will not process an interim reexamination due to income loss if an income source was utilized to determine a family's affordability prior to moving to a new unit. The DHNP will not process a decrease until the next annual reexamination. Examples would be a recurring gift from a non-family member or non-custodial parent giving money to the Head of Household. • If the Head of Household is absent from the unit for more than 30 days due to incarceration, assistance will be terminated, unless another adult is present and was part of the household prior to date of incarceration. • If the family owes over$6,000 (due to fraud),the PHA will refer the case to the Commonwealth's Attorney for possible criminal prosecution. If the family makes a lump payment that reduces the amount owed to less than $6,000,the case will not be referred to the Commonwealth's Attorney for possible criminal prosecution. • Project Based Voucher Request for Proposal: The DHNP will not consider any owner proposal outside the political jurisdiction of the City of Virginia Beach. The DHNP will not consider any owner proposal that includes adding additional units to an already established project under an AHAP or HAP contract. 6 Executive Summary 2024 Housing Choice Voucher— Annual and Administrative Plans Department of Housing and Neighborhood Preservation March 28, 2024 • The DHNP will establish a separate PBV Waiting List for its PBV developments. • PBV Contract Rent Increases: The DHNP defines, "an amount determined by the PHA", utilizing HUD's Operating Cost Adjust Factor(OCAF)put out by HUD and effective every February 1 Ith. The OCAF will be utilized in determining the approval of all PBV contract rent increases and will not approve any requested amount above the percentage established by HUD and the OCAF. 7 Certifications of Compliance with U.S.Department of Housing and Urban De73/31/202U4 PHA Plan and Related Regulations office of Public and India (Standard, Troubled, HCV-Only, and OMB ireNo. Expires LHigh Performer PHAs) PHA CerdBcations of Compliance with PHA Plan,Civil Rights,and Related Laws and Regulations including PHA Plan Elements that Have Changed Acting on behalf of the Board of Commissioners of the Public Housing Agency(PHA)listed below,as its Chairperson or other authorized PHA official if there is no Board of Commissioners,I approve the submission of he .5-Year and/or X Annual PHA Plan, hereinafter referred to as"the Plan-, of which this document is a part and make the following certification and agreements with the Department of Housing and Urban Development(HUD)for the PHA fiscal year beginning 2024,in connection with the submission of the Plan and implementation thereof 1. The Plan is consistent with the applicable comprehensive housing affordability strategy(or any plan incorporating such strategy)for the jurisdiction in which the PHA is located(24 CFR§91.2). 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan,which includes a certification that requires the preparation of an Analysis of Impediments(AI)to Fair Housing Choice,or Assessment of Fair Housing(AFH)when applicable,for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan(24 CFR§§91.2,91.225,91.325,and 91.425). 3. The PHA has established a Resident Advisory Board or Boards,the membership of which represents the residents assisted by the PHA,consulted with this Resident Advisory Board or Boards in developing the Plan,including any changes or revisions to the policies and programs identified in the Plan before they were implemented,and considered the recommendations of the RAB(24 CFR 903.13).The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 4. The PHA provides assurance as part of this certification that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA; (ii) The changes were duly approved by the PHA Board of Directors(or similar governing body);and (iii)The revised policies and programs are available for review and inspection,at the principal office of the PHA during normal business hours. 5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing,published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964(42 U.S.C.2000d-2000d-4),the Fair Housing Act(42 U.S.C.3601-19),Section 504 of the Rehabilitation Act of 1973(29 U.S.C.794), title H of the Americans with Disabilities Act(42 U.S.C. 12101 et seq.),and other applicable civil rights requirements and that it will affirmatively further fair housing in the administration of the program.In addition,if it administers a Housing Choice Voucher Program,the PHA certifies that it will administer the program in conformity with the Fair Housing Act,title VI of the Civil Rights Act of 1964,Section 504 of the Rehabilitation Act of 1973,title 11 of the Americans with Disabilities Act,and other applicable civil rights requirements,and that it will affirmatively further fair housing in the administration of the program. 7. The PHA will affirmatively further fair housing,which means that it will take meaningful actions to further the goals identified in the Assessment of Fair Housing(AFH)conducted in accordance with the requirements of 24 CFR§5.150 through 5.180,that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing, and that it will address fair housing issues and contributing factors in its programs,in accordance with 24 CFR§903.7(o)(3). The PHA will fulfill the requirements at 24 CFR§903.7(o)and 24 CFR§903.15(d).Until such time as the PHA is required to submit an AFH,the PHA will fulfill the requirements at 24 CFR§903.7(o)promulgated prior to August 17,2015,which means that it examines its programs or proposed programs;identifies any impediments to fair housing choice within those programs;addresses those impediments in a reasonable fashion in view of the resources available;works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement;and maintains records reflecting these analyses and actions. 8. For PHA Plans that include a policy for site-based waiting lists: • The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate,complete and timely manner (as specified in PIH Notice 2011-65); Page 1 of 3 f01mHUD-50077-ST-HCV-HP(3/3 t/2024) • The system of aite-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside,including basic information about available sites;and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of a site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable m assure that to assu that such a waiting list is consistent with affirmatively furthering fair housing;and The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and catifications,as specified in 24 CFR 903.7(o)(1). 9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. In accordance with 24 CFR§5.105(a)(2),HUD's Equal Access Rule,the PHA will not snake a determination of eligibility for housing basal on semmal onentabon,gender identify,or marital status and will make no inquiries conmr ng the gender identification or sexual orientation of an applicant for or occupant of HUD-assisted housing. 11. The PHA will comply with the Arcanitectund Barriers Act of 1968 and 24 CFR Part 41,Policies and Procedures for the Enforcement of Standards and Requirements for Acmuibility by the Physically Handicapped, 12. The PHA will comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968,Employment Opportunities for Low-or Very-Low Income Persons,and with its implementing regulation at 24 CFR Part 135. 13. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CPR Part 24 as applicable. 14. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 15. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50,respectively. 16, With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 17. The PHA will keep records in accordance with 2 CFR 200.333 and facilitate an effective audit to determine compliance with program requirements. 18. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act,the Residential Lead-Based Paint Hazard Reduction Act of 1992,and 24 CFR Part 35. 19. The PHA will comply with the policies,guidelines,and requirements of 2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Financial Assistance,inchlding but not limited to submitting the assurances required under 24 CFR§§ 1.5,3.115,8.50,and 107.25 by submitting an SF424,including the required assurances in SF-424B or D,as applicable. 20. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 21. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection.All requited supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all oiler times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 22. The PHA certifies that it is in compliance with applicable Federal statutory and wgalatary requirements,including the Declaration of Trust(s). City of Viwinia Beach VA039 PHA Name PHA N=Iber/HA Code X Annual PHA Plan for Fiscal Year 2024-2 X 5-Year PHA Plan for Fiscal Years2020-25 1 hereby certify that all the infomr6on stated herein,as well as any inb=ation provided in the w=mpanirnad herewith,is out and acc%0*e.Warning: HUD will prom mo fhlse claims and staterments Conviction may rm h in cr u*ml and/or civil panaltim (is U.S.C.10M.1010,1012;31 U.S.C.3729,30021 arrant — — _. --- —Ner"01 t iiy'•�wagei oruesgtne• Signature Data sipmtmr Date Page 2 of3 form HUDdOtI'77-BT ACV-HP(MlMi) The United States Departmentf Housing and Urban Development is authorized to solicit the Information requested in this Form by virtue of TIUe 12,U.S.Code,Section 17D1et seq.,and regulations proated Utng a nder at Title 12,Code of FederalRegulatins. Responsstothe collection of information areequired to obtaia benefit or toetanabenefit The informn requested does not lend itself to cunfidentlalltyThis Informationcllected to ensure compliance with PHA Plan,Civil Rights, d relatdawsand regulatiosincludngPHA plan elements that have changed. Public reporting burden for this information collection is estimated to average 0.16 hours per year per response,including the time far reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.HUD may not collect this Information,and respondents are not required to complete this form,unless It displays a currently valid OMB Control Number. Page 3 of 3 form HUD-50077-ST-HCV-HP(3/312024) ertification b State or Local -- - y U.S Department of Housing and Urban Development Official of PHA Plans Consistency Office of Public and Indian Housing with the Consolidated Plan or State Consolidated Plan OMB No.2577-0226 (All PHAs) Expires 3/31/2024 f Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, Ruth Hill the Director,Housing & Neighborhood Preservation Official's Name Official's Title certify that the 5-Year PHA Plan for fiscal years 2020-2025 and/or Annual PHA plan for fiscal year M0 2025 of the Department of Housing&Neighborhood Preservation is consistent with the PHA Name Consolidated Plan or State Consolidated Plan including the Analysis of Impediments(Al)to Fair Housing Choice or Assessment of Fair Housing(AFH) as applicable to the Cite of Vir inia Beach Vir inia Local Jurisdiction Name pursuant to 24 CFR Part 91 and 24 CFR § 903.15. Provide a description of how the PHA Plans contents are consistent with the Consolidated Plan or State Consolidated Plan. The City of Virginia Beach DHNP continues efforts to promote affordable housing Our efforts include artnerin in the new construction development of 51 affordable housin units this calendar year,promotingthe development of housing for the homeless elderly community.and individuals with disabilities,as well as Dartnering with city and state agenc>!es to administer housing assistance for approximately 159 individuals with developmental disabilities I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate.Warning: HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties. (18 U.S.C.1001,1010,1012;31 U.S.C.3729,3802) Name of Authorized Offittial: Title: Ruth Hill Dimbr,Department of Housing&Neighborhood Preservation Signature: Date: ' Z, Zaz.�f Page 1 of 1 form HUD-50077-SL(3/31/2024) The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12,U.S. Code,Section 1701 et seq.,and regulations promulgated thereunder at Title 12,Code of Federal Regulations. Responses to the collection of Information are required to obtain a benefit or to retain a benefit The Information requested does not lend Itself to confidentiality. This Information Is collected to ensure consistency with the consolidated plan or state consolidated plan. Public reporting burden for this information collection is estimated to average 0.16 hours per year per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of Information.HUD may notcollect this Information,and respondents are not required to complete this form,unless itdisplays a currently valid OMB Control Number. Page 2 of 2 form HUD-50077-SL(3/31/2024) 102 ITEM— VII.K.6 ORDINANCESIRESOL UTIONS ITEM#75549 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Settlement Agreement with the United States of American under the Americans with Disabilities Act Voting: 11 - 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A SETTLEMENT AGREEMENT WITH THE 3 UNITED STATES OF AMERICA UNDER THE AMERICANS 4 WITH DISABILITIES ACT 5 6 WHEREAS, the Department of Justice began an Americans with Disabilities Act 7 compliance review of the City on July 30, 2018; 8 9 WHEREAS, after review of documentation and site visits to eleven facilities, the 10 Department of Justice on February 8, 2021, forwarded its findings and proposed 11 settlement agreement to the City of Virginia Beach; and 12 13 WHEREAS, since then, City staff have worked with the Department of Justice to 14 negotiate a voluntary settlement agreement; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 The City Manager is hereby authorized to execute the settlement agreement with 20 the United States of America, which has been reviewed and approved by the City 21 Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of April 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Office CA16492 R-4 April 10, 2024 103 ITEM— VII.K.7 ORDINANCESIRESOL UTIONS ITEM#75550 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE acquisition of 1.301t acres of property at 2425 George Mason Drive from Enterprise Investors,LLC re Building 24 Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF 1 .301+/- ACRES OF 3 PROPERTY LOCATED AT 2425 GEORGE 4 MASON DRIVE FROM ENTERPRISE 5 INVESTORS, L.L.C. 6 7 WHEREAS, Enterprise Investors, L.L.C. ("Enterprise") owns 56,669 square feet 8 (1 .301+/- acres) of land, which includes a free-standing 3-story office building containing 9 approximately 14,212 sq. ft. of office space, located at 2425 George Mason Drive (GPIN: 10 1494-71-8742) in the City of Virginia Beach, Virginia (the "Property"), as further described 11 on Exhibit A, attached hereto and incorporated herein; 12 13 WHEREAS, Enterprise desires to convey the Property to the City of Virginia Beach 14 (the "City") for $1 ,675,000; 15 16 WHEREAS, funding for the acquisition is available in the Strategic Site Acquisition 17 and Disposition Project, CIP 100577; 18 19 WHEREAS, Enterprise has agreed to convey the Property to the City in accordance 20 with the Summary of Terms attached hereto as Exhibit B and incorporated herein; and 21 22 WHEREAS, the City Council finds that it is in the best interests of the City to acquire 23 the Property in accordance with the Summary of Terms. 24 25 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1 . That the City Council authorizes the acquisition of the Property by purchase 29 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is 30 more particularly described on Exhibit A. 31 32 2. That the City Manager or his designee is further authorized to execute all 33 documents that may be necessary or appropriate in connection with the purchase of the 34 Property, in accordance with the Summary of Terms attached hereto as Exhibit B, and 35 including such other terms, conditions and modifications as may be acceptable to the City 36 Manager and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day 39 of April 2024. CA16241 R-1 PREPARED: 3/6/2024 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM P L C WO KS, REAL ESTATE CITY ATTORNEY APPROVED AS TO AVAILABILITY OF FUNDS: FINANCE EXHIBIT "A" Legal Description of 2425 George Mason Drive ALL THAT certain tract, piece or parcel of land, situate in the Princess Anne Borough, City of Virginia Beach, Virginia, designated as "Parcel B-2", as shown on that certain plat entitled "Subdivision of Lots 1 & B, Subdivision of Brewer Property", dated March 26, 1994, made by Kellam — Gerwitz Engineering, Inc., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 238, at page 79; together will all right, title and interest of the Landowner under and subject to the conditions set forth in the certain Agreement dated May 21, 1994 between the City of Virginia Beach, Virginia a municipal corporation and Robert G. Brewer, et al, duly recorded in the aforesaid Clerk's Office in Deed Book 2346 at page 972. TOGETHER WITH all right, title and interest of the Landowner, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. EXHIBIT "B" SUMMARY OF TERMS SELLER: Enterprise Investors, L.L.C. BUYER: City of Virginia Beach PROPERTY: 2425 George Mason Drive (GPIN: 1494-71-8742) CONSIDERATION: $1,675,000 SOURCE OF FUNDS: Strategic Site Acquisition and Disposition, CIP 100577 ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City, except those leases to be assigned to the City listed below. • Seller shall execute an Assignment of Leases assigning the following leases to the City: o Atlantic Commercial Real Estate Services, Inc., Suite 103 containing 540 sq. ft., which lease expires on April 30, 2026; current rent $936.36/month; o Klett Consulting Group, Inc., Suite 210 containing 735 sq. ft., which lease expires on April 30, 2025; current rent $1,262.03/month; o Red Door Therapy & Consulting, LLC, Suite 102 containing 980 sq. ft., which lease expires on January 31, 2025; current rent $1,832.77/month; o Edward Jones and Company, Suite 101, containing 1,062 sq. ft. and two reserved parking spaces, which lease expires on January 31, 2028; current rent $1,884.90/month. • Seller shall transfer all security deposits for the assigned leases to the City at Settlement. Rents shall be pro-rated at Settlement with the City assuming the leases thereafter. • City shall have a 60-day study period from full execution of the Agreement of Sale to evaluate the Property. The Agreement may be terminated prior to the end of the study period upon written notice to the Seller. • Settlement will be within 30 days after expiration of the Study Period, or as soon thereafter as is practicable. • Seller shall pay its own attorney's fees and costs. • City shall bear the costs of obtaining a title report and preparation of closing documents. • The brokerage fee of the Seller's Broker will be paid by the Seller. The City is not responsible for any payment to the Broker. • Approval of this purchase shall be revoked if closing has not occurred on or before January 31, 2025, unless extended by the City Manager prior to such date. N W E A LN 7-7 YV Ole' a a ��... , ter 1• � �i 41 P cam=' ,,Irp s 041 fop ' e qQ LOCATION MAP PROPOSED ACQUISITION STRATEGIC SITE ACQUISITION AND DISPOSITION, CIP 100577 Legend ,, '; PROPERTY OWNER: ENTERPRISE INVESTORS, L.L.0 1494-71-8742 GPI N: 1494-71-8742 Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 03/15/2024 X:\CADD\Projects\ARC Files\AGENDA MAP S\1494-71-8742\494-71-8742 Aerial.mxc 104 ITEM— VUK.8 ORDINANCESIRESOL UTIONS ITEM#75551 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BYCONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a 15 foot portion of an unimproved, unnamed alley adjacent to 650 South Atlantic Avenue and Lot 22 in Block 20 of Croatan Beach Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 15-FOOT PORTION 4 OF AN UNIMPROVED, UNNAMED ALLEY 5 ADJACENT TO 650 S. ATLANTIC AVENUE & 6 LOT 22 IN BLOCK 20 OF CROATAN BEACH 7 8 WHEREAS, on April 18, 2023, the Council of the City of Virginia Beach acted 9 upon the application of David C. and Meril B. Gerstenmaier (the "Applicants") for the 10 closure of approximately 750 sq. ft. of an unimproved, unnamed alley adjacent to 650 S. 11 Atlantic Avenue and Lot 22 in Block 20 of Croatan Beach; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3730F) to close 14 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 15 conditions being met on or before April 17, 2024; and 16 17 WHEREAS, on March 26, 2024, the Applicants requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance 24 adopted on April 18, 2023 (ORD-3730F), upon application of David C. and Meril B. 25 Gerstenmaier, is extended to April 17, 2025. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 16th day 28 of April 2024. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2426-39-8037 & 2426-39-9120 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LU Planning Department City Attorney CA16428 \\vbgov.com\dfs 1\a ppl icatio n s\c itylaw\cycom 32\wpd ocs\d027\p049\00955562.doc R-1 March 28, 2024 105 ITEM— VII L 9 ORDINANCESIRESOL UTIONS ITEM#75552 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to APPROVE an Extension of the Town Center Option Agreement and RECOMMEND that the Virginia Beach Development Authority(VBDA)APPROVE the Extension Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley, David Hutcheson, Robert W. "Worth"Remick Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 I RESOLUTION APPROVING AN EXTENSION OF 2 THE TOWN CENTER OPTION AGREEMENT AND 3 RECOMMENDING THAT THE CITY OF VIRGINIA 4 BEACH DEVELOPMENT AUTHORITY APPROVE 5 THE EXTENSION 6 7 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 8 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 9 have engaged in extensive negotiations with representatives of Armada/Hoffler 10 Development Company, L.L.C. and its affiliates, regarding the continued development 11 of the Central Business District Project known as The Town Center of Virginia Beach 12 (the "Project"); 13 14 WHEREAS, the Project is a development arrangement between the Authority 15 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 16 development, utilizing the structure of an economic development park in the B-3A 17 Pembroke Central Business Core District. The area is zoned to optimize development 18 potential for a mixed-use, pedestrian-oriented, urban activity center with mid-to-high-rise 19 structures that contain numerous types of uses, including business, retail, residential, 20 cultural, educational and other public and private uses; 21 22 WHEREAS, the Authority and the Developer have entered into an option 23 agreement dated as of June 5, 2000 (the "Option Agreement") setting forth the terms 24 and conditions by which the Developer can acquire Authority-owned land for the Project 25 (the "Option Land"); 26 27 WHEREAS, as set forth in the latest modification to the Option Agreement 28 approved April 20, 2021, the Developer's right to acquire the Option Land expires on 29 April 30, 2024, and prior to such acquisition, the Developer must present an acceptable 30 plan for development of the Option Land to the City Council and the Authority; 31 32 WHEREAS, the Developer has requested an extension of time to acquire the 33 remaining Option Land to April 30, 2027; 34 35 WHEREAS, the Authority will consider approval of the extension of the Option 36 Agreement at its April 16, 2024 meeting, subject to approval by City Council; and 37 38 WHEREAS, City Council is of the opinion that the requested extension will allow 39 for the continued development of the Project to the benefit of the City. 40 41 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA; 43 44 That City Council approves the execution of a modification of the Town Center of 45 Virginia Beach Option Agreement between the City of Virginia Beach Development 46 Authority (the "Authority") and Town Center Associates, L.L.C., so long as such 47 modification is consistent with the Summary of Terms attached hereto as Exhibit A, and 48 made a part hereof, and such other terms, conditions or modifications as may be 49 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day 52 of April , 2024. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY A City Attorney Elu omic velopment CA16429 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d028\p048\00955673.doc R-1 April 5, 2024 EXHIBIT A SUMMARY OF TERMS TOWN CENTER OPTION AGREEMENT CURRENT TERMS: Owner: City of Virginia Beach Development Authority (the "Authority"). Option Holder: Town Center Associates, L.L.C. ("TCA"). Option Land: Block 2 (former Beacon Site) / GPIN: 1477-45-7094 Option Fee: 1) Semi-annual fee equal to real estate taxes that would be payable if the Option Land was subject to taxation, and 2) Special fee equal to all of the Authority's costs associated with the acquisition and operation of Block 2. Purchase Price: Block 2: $4,792,735 Term of Option: Option must be exercised by April 30, 2024 Conditions of Exercise: TCA can only exercise option if: TCA has presented a plan for development of the Option Land to be acquired, which plan is acceptable to the Virginia Beach City Council ("City Council") and the Authority; PROPOSED MODIFICATION: Block 2: Term of Option extended by three years to April 30, 2027. 106 ITEM— VII.K.10 ORDINANCESIRESOL UTIONS ITEM#75553 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 Sandbridge Shores Bass Inlet(alk/a Mill Pond)and into a 5'City-owned drainage and utility easement at the rear of 2945 Sand Bend Road re maintain an existing frame shed, timber pier, timber bulkhead, concrete boat ramp, and construct and maintain an aluminum boat lift with timber piles DISTRICT 2 Voting: 11 -0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 SANDBRIDGE SHORES BASS INLET 7 (A/K/A MILL POND), AND INTO A 5' CITY- 8 OWNED DRAINAGE AND UTILITY 9 EASEMENT, LOCATED AT THE REAR 10 OF 2945 SAND BEND ROAD 11 12 WHEREAS, John F. Lepine and Elizabeth M. Lepine (the "Applicants") 13 request permission to maintain an existing frame shed with a 3.1' maximum encroachment, 14 an existing 5' x 21' timber pier, an existing 10.3' x 3.5' timber bulkhead, an existing 76.9' x 15 3.5' timber bulkhead with two returns, and an existing 11.8' x 3.5' concrete boat ramp, and 16 to construct and maintain a 12' x 12'four(4)timber pile aluminum boat lift, (collectively,the 17 "Temporary Encroachment") into City-owned property known as Sandbridge Shores Bass 18 Inlet (a/k/a Mill Pond) (GPIN: 2433-33-0267), and into a 5' City-owned drainage and utility 19 easement, located at the rear of 2945 Sand Bend Road (GPIN: 2433-33-2328); 20 21 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 23 the City's property and easement subject to such terms and conditions as Council may 24 prescribe. 25 26 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, John F. Lepine and Elizabeth M. 31 Lepine, their heirs, assigns and successors in title are authorized to construct and maintain 32 the Temporary Encroachment within the City's property as shown on the map entitled: 33 "EXHIBIT'A'—ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER 34 FRAMED SHED,TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A PROPOSED(4) 35 TIMBER PILE ALUMINUM BOAT LIFT FOR: JOHN F. & ELIZABETH M. LEPINE 2945 36 SAND BEND ROAD LOT 78, SECTION 3, BACK BAY MEADOWS M.B. 67, PG. 45," 37 Scale: 1" = 30', dated December 12, 2023, prepared by Stone Green Consulting, LLC, a 38 copy of which is attached hereto as Exhibit "A" and on file in the Department of Public 39 Works and to which reference is made for a more particular description; 40 41 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 42 subject to those terms, conditions and criteria contained in the agreement between the City 43 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 44 been presented to the Council in its agenda and will be recorded among the records of the 45 Clerk's Office of the Circuit Court of the City of Virginia Beach; and 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as John F. Lepine, Elizabeth M. Lepine and the City Manager or his authorized 50 designee execute the Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h 53 day of April , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: as UB IC WO KS / REAL ESTATE . HARMEYER SENIOR CITY ATTORNEY CA16271 R-2 Prepared: Ilvbgov.comldfs1\appiicationslcitylawlcycom321wpdocs\d0271p048100948603.doc CANAL SANDBRIDGE SHORES BASS INLET LEPINE ENCROACHMENT EXHIBIT NOW OR FORMERLY M.B.67 PG.45 EBB CITY OF VIRGINIA BEACH �-- FLOOD- GPIN:2433-33-0267 21,8' EXISTING iv TIMBER m PIER N 10`34'W `n Ln 100.00' _21 -- 57.7' Ln EXISTING TIMBER , —— — —— —— — — BULKHEAD T - - - - - - - - - T 76.9' 1.7' m I , MLW&MHW @ EX. � I I BULKHEAD UNLESS MHW EXISTING TIMBER S OTHERWISE NOTED I 11.8' BULKHEAD I I EXISTING CONCRETE FRAMED i- 3.1' y 5'EASEMENTALONG I BOAT RAMP -n EACH LOT LINE GRANTED LAND SHED I IC z TO CITY OF VB FOR I BRIDGE I I DRAINAGE AND UTILITIES I I (M.B.67 P.45) ; I o M.B.67 PG.45 FRAMED I LOT 77 Iu u SHED I I NOW OR FORMERLY o I LOT 79 ROBERT F&REGINA R. to I I ' NOW OR FORMERLY VALENTINE RLT '-' I DECK 13 CAROL R.CURTIS GPIN:2433-33 2248 I I GPIN:2433-33-1477 INST:202203048526 3 1 I LOT 78 I I ^ INST:20150727000712570 M.B.67,PG.45 NOW OR FORMERLY I N M.B.67,PG.45 N ' I C JOHN F.&ELIZABETH M.LEPINE I ' C) I I GPIN:2433-33-2328 INST. 200404090056388 H ; I M.B. 67, PG.45 i I �,AL T H pf. I II o Z ' I I C' SEAN E. GREEN n 1 II I Lic.SNSo/. 0402064005 GRAVEL A DRIVE CONC I ,% DRIVE -13-24 GNAL PIN - -- - PIN 757'TO BACK N 10"34'00"W 100.00'BAY CRESCENT SAND BEND ROAD . THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 50'RIGHT-OF-WAY M.B.67,PG.45 2 1. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY.. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER 0 ASSOCIATIONS 30RAGENCIES. 60 EXISTING CONDITIONS EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FRAMED SHED, SCALE:1"=30' TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A ENGINEERING SERVICES PROVIDED BY: PROPOSED(4)TIMBER PILEALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR:JOHN F.& ELIZABETH M. LEPINE 4014 MEDINA ROAD#1015,AKRON, OH 44333 2945 SAND BEND ROAD (330)400-3811 LOT 78,SECTION 3, BACK BAY MEADOWS M.B.67, PG.45 DECEMBER 12, 2023 Q2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED SHEET 1 OF 3 LEPINE ENCROACHMENT EXHIBIT CANAL SANDBRIDGE SHORES BASS INLET NOW OR FORMERLY F---��-EBB 67 PG 45 CITY OF VIRGINIA BEACH FLOOD— GPIN:2433-33-0267 Q1 12 PROPOSED(4)PILE ALUMINUM BOAT LIFT EXISTING o TIMBER r" 26.3'---j PIER -�N10°34'W 100.00' - - - _ _ -_ in.-21' 19' EXISTING TIMBER - BULKHEAD — — — — — — — — MLW& MHW @ EX. I BULKHEAD UNLESS MHW EXISTING TIMBER OTHERWISE NOTED I BULKHEAD EXISTING CONCRETE 1 `'S'EASEMENTALONG 1 BOAT RAMP FRAMED EACH LOT LINE GRANTED 1 I SHED TO CITY OF VB FOR i LAND I I - DRAINAGE AND UTILITIES I BRIDGE (M.B.67 P.45) 1 o M.B.67 PG.45 FRAMED I I o LOT 77 I SHED NOW OR FORMERLY o 1 ( LOT 79 ROBERT F&REGINA R. �o I I 1 NOW OR FORMERLY VALENTINE RLT DECK I 1 3 CAROL R.CURTIS GPIN:2433-33-2248 I I I N GPIN:2433-33-1477 INST:202203048526 3 1 I LOT 78 I I o, INST:20150727000712570 M.B.67, PG. 45 1 I NOW OR FORMERLY I N M.B.67, PG.45 .C., I C JOHN F. & ELIZABETH M. LEPINE n IGPIN:2433-33-2328 I 1 1 INST:200404090056388 I I ��p,1.T H pf, 1 I M.B.67, PG. 45 D 1 I I 1 SEAN E. GREEN 1 I I I Lic. No. 0402064005 II EL E DRV I DRIVE I 1 IFS 2-13-24 I 1 SIONAL E� JPIN 123757'TO BACK N 10°34'00"W 100.00'BAY CRESCENT SAND BEND ROAD . THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. '50'RIGHT-OF-WAY . . THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. M.B. 67, PG.45 THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 30 60 PROPOSED IMPROVEMENTS EXHIBIT A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FRAMED SHED, SCALE: 1"=30' TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A ENGINEERING SERVICES PROVIDED BY: PROPOSED(4) TIMBER PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR:JOHN F. & ELIZABETH M. LEPINE 4014 MEDINA ROAD#1015,AKRON, OH 44333 2945 SAND BEND ROAD (330)400-3811 LOT 78,SECTION 3, BACK BAY MEADOWS CQ2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 67, PG. 45 DECEMBER 12, 2023 SHEET 2 OF 3 LEPINE ENCROACHMENT EXHIBIT MOUNTING OPTIONS: CABLE ROUTING: i as . PILING MOUNT SIDE MOUNT SINGLE PULL DOUBLE PULL TRIPLE PULL / 5K-24K LIFTS 5K-16K LIFTS 5K-7K LDS IOK-16K LIDS 20L-24KK E tt , A { BI F + ) C MOIINr HARDWARE:SIe-x F PILING fXA DETEbAKi®er IAII L5 5 r T. TAG eOIT CONTPACTOR2X&7%455 7 AW.LBIGTH HEX BOLT W/LOCKS AND III I2Y 1/Z'SS HEX NUT HUTS B I NOTE:TOAD SHOULD BE EVENLY D6TRIBUTED BY POSITOFRNG THE CENTER OF GRAVITY DIRECTLY N THE CENTER OF THE � LIFTING BEAMS AS SHOWN N THE ILLUSTRATION IAI 4 PILING BOAT LIFT SPEtlFICATION SHEET (B) CRADLE BEAM BUNKS DRIVE DRIVE MINIMUM 201E TOP BEAM(A 1 (8) (C) CABLE SIZE(D) (E) M.P.MOTOR(F) SHAFT PILING (SIZE&QTY.) 4 PILING BOAT LIFT PILING SPACING S"000 lL 5'CHANNEL X 12'6" 4"X 6"X 10' 5/16"SS 7/19 3/4 H.P.(QTY.2) 220V 4.9A EACH (9)�� (.313)SINGLE FOURPLIIG (A)BOW TO TO 7,00011 6"CHANNEL X 12'6" 4"X 6"X 12'6" 2 PULL 1 H.P.(CITY'2) LI'IS STERN STARBOARD 220V 6.8A EACH 8"(CITY.4) (OUTSIDES) (CENTERS) 10AM LL aD 3/4 H.P.(CITY.2) 5 000 LL 7"CHANNEL X 12'6" 5"X 8"X 12'6" 5/16"SS 7/19 2 220V 4.9A EACH 10 FT 13AN LL (.313)DOUBLE o = 7,000 LB' PULL G 1 H.P.(QTY.2) 10AN LB. 16,000 LL 8"CHANNEL X 12'6" 6"X 10"X 14' a 220V 6.8A EACH 12 FT 6 I N 12 FT 6 I N -" 13AM LL 20,000 LL 6"X 10"X 15' 3/4 H.P.(QTY.2) 5/16"SS 7/19 220V 4.9A EACH 10"(QTY.4) 16'=LB' 14 FT 9"CHANNEL X 14'6" 6 (.313)TRIPPLE 20AN LL 24,000 L6 7"X 12"X 16' PULL 1 H.P.(CITY.2) 15 FT 220V 6.8A EACH 24,000 LL 14 FT 6 I N 16 FT TITLE: NGINEERNG SEAL AFRM HERETO VALIDATES STRUCTURAL DESKN AS PH: `�I T T 6 HOWN ONLY.USE OF THIS SPECIFICATION BY CONTRACTOR,et,d. ENGINEERS SEAL 5K-24K 4 POLE BOAT LIFT FAX252 747-4377 Df)WIRES d SAVES HARMLESS THIS ENGINEER FOR ALL COST&DAMAGES TIDETAMER.COM NCLUDING LEGAL FEES A,APPELLATE FEES RESULTNG,FROM MATERIAL ENGINEERING SHEET P.O.BOX IITB ABRICATON.SYSTEM ERECTION S CONSTRUCTION PRACTICES BEYOND SHOW HILL.HC 15580 HAT WHICH IS CALLED FOR BY LOCAL STATE.B FEDERAL CODES E FORM EVIATONS OF TELLS PLAN.IXCEPT AS EXPRESSLY PROVIDED W Ht:'REW.NO PRONBTARY AND ERTIFICATION OR AFRRMATONS ARE INTENDED. SEE DWG. NO. REV CONFIDSCRAt AUL WELCH.WC.HAS NOT VISITED THIS JOB SITE INFORMATION CONTAINED x«fw..Ano"ca.r"«en« EREIN IS BASED ON CONTRACTOR SUPPLIED DATA AND MEASUREMENTS. A 6 p wnp G e 1H SO f AUL WELCH.INC.SHALL NOT BE FIELD RESPONSIBLE OR LIABLE N ANY WAY ENGINEERING "°"�°^5 ,H EP R ERRORNEOUS OR INACCURATE DATA OR MEASUREMENTS.WORp PAS rt aCPP "�ira VERIFIED PRIOR i0 CONSIRUCION.PAU.WELCH.INC.SHAORK LL BE SGIE:AS NOR® NY NACCUOPPORTFORMArry OI RE PRIOR OOUR W CAI OF E wcc T2bTa SHEET 1 OF 1 ICONIRICATION AND INISTALLATION QE MATERIALS. oLTH p1.o ` i o� cZ SEAN E. GREEN a Lic. No. 0402064005 5� Z �� E`5 -13-2 4NG�� 4NAL EXHIBIT A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FRAMED SHED, TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A ENGINEERING SERVICES PROVIDED BY: PROPOSED(4) TIMBER PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR:JOHN F. &ELIZABETH M. LEPINE 4014 MEDINA ROAD#1015,AKRON, OH 44333 2945 SAND BEND ROAD (330)400-3811 LOT 78,SECTION 3, BACK BAY MEADOWS M.B. 67, PG.45 DECEMBER 12, 2023 Q2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED SHEET 3 OF 3 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 Marc -_ , 2024, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN F. LEPINE and ELIZABETH M. LEPINE, 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 "78", as shown on that certain plat entitled: "SECTION 3, BACK BAY MEADOWS, PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH VIRGINIA," SCALE: 1" = 100', dated July 16, 1964, prepared by W.B. Gallup, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 2945 Sand Bend Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain an existing frame shed with a 3.1' maximum encroachment, an existing 5' x 21' timber pier, an existing 10.3' x 3.5' timber bulkhead, an existing 76.9 'x 3.5' timber bulkhead with 2 returns, and an existing 11.8' x 3.5' concrete boat ramp, and to construct and maintain a 12' x 12' four(4) timber pile aluminum boat lift, collectively, the "Temporary Encroachment" in the GPIN: 2433-33-0267 (CITY PROPERTY KNOWN AS SANDBRIDGE SHORES BASS INLET A/K/A MILL POND) CITY-OWNED 5' DRAINAGE AND UTILITY EASEMENT (NO GPIN) 2433-33-2328 (2945 SAND BEND ROAD) 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 Sandbridge Shores Bass Inlet (a/k/a Mill Pond) (GPIN: 2433-33- 0267) and into a 5' City-owned drainage and utility 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 AN EXISTING TIMBER PIER, TIMBER FRAMED SHED, TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A PROPOSED (4) TIMBER PILE ALUMINUM BOAT LIFT FOR: JOHN F. & ELIZABETH M. LEPINE 2945 SAND BEND ROAD LOT 78, SECTION 3, BACK BAY MEADOWS M.B. 67, PG. 45," Scale: 1" = 30', dated December 12, 2023, prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 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 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 encroachment referenced in the attached Exhibit or in this Agreement are the ongoing maintenance 3 obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachment. 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 Encroachments 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, JOHN F. LEPINE AND ELIZABETH M. LEPINE, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 J-1Z /)- Joy F. Lepine Elizabeth M. Lepine STATE OF VI K51 OV 14 CITY/COUNTY OF y I afi lwiA 1&6 f� , to-wit: The foregoing instrument was acknowledged before me this day of M , 2024, by John F. Lepine and Elizabeth M. Lepine. JW vl- (SEAL) Notary Public DRUCILLA ABIGAIL GRIFFIN.CALLAWAY NOTARY PUBLIC My Notary Registration Number: gD $ 340 REG.08083860 My Commission Expires: O`( - 30 alpoll MY COMMIS SICOMMOVON EXPIRWEALTH OFgpgGI30 2027 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM L.,r,L U LIC WORKS — REAL ESTATE H SENIOR CITY ATTORNEY 7 LEPINE ENCROACHMENT EXHIBIT CANAL SANDBRIDGE SHORES BASS INLET NOW OR FORMERLY M.B.67 PG.45 EBB CITY OF VIRGINIA BEACH FLOOD-y GPIN:2433-33-0267 21.8' EXISTING TIMBER Ln "� PIER N 10'34'W 1p 3' •� ri ►n 100.00' - - 57.7' En -21' ; EXISTINGTIMBER BULKHEAD — — — — — — — — — 1.7' 76.9' MLW&MHW @ EX. BULKHEAD UNLESS MHW EXISTING TIMBER I OTHERWISE NOTED ( 11.8' BULKHEAD I EXISTING CONCRETE 3.1' ti \ 5'EASEMENTALONG I I BOAT RAMP FRAMED I_ EACH LOT LINE GRANTED SHED I IN TO CITY OF VB FOR I LAND DRAINAGE AND UTILITIES I BRIDGE (M.B.67 P.45) i I J7 I o M.B.67 PG.45 FRAMED I I o LOT 77 I SHED I " NOW OR FORMERLY q I I LOT 79 ROBERT F&REGINA R. I I NOW OR FORMERLY VALENTINE RLT ~ I DECK I CAROL R. CURTIS GPIN:2433-33 2248 I I I N GPIN:2433-33 1477 INST:202203048526 3 I I OT 78 I I ®, INST:20150727000712570 M.B.67,PG.45 NOW OR FORMERLY I ^ M.B. 67, PG. 45 C JOHN F.&ELIZABETH M.LEPINE I I IGPIN:2433-33-2328 I INST:200404090056388 M.B. 67, PG.45 i i �,A I T H pf SEAN E. GREEN I GRAVEL I I A ic. -Now. ,0402064005 I I DRIVE CONC I ?/�" I I DRIVE -13-24 I I S/oNAL E� PIN 757'TO BACK N 10°34'00"W 100.00'BAY CRESCENT SAND BEND ROAD 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 50'RIGHT-OF-WAY 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. M.B. 67,PG.45 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 30 60 EXISTING CONDITIONS EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN pmmmp% �I EXISTING TIMBER PIER TIMBER FRAMED SHED, SCALE:1"=30' TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A ENGINEERING SERVICES PROVIDED BY: PROPOSED(4) TIMBER PILEALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR:JOHN F.& ELIZABETH M. LEPINE 4014 MEDINA ROAD#1015,AKRON, OH 44333 2945 SAND BEND ROAD (330)400-3811 LOT 78, SECTION 3, BACK BAY MEADOWS L(QC) 223 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 67, PG.45 DECEMBER 12, 2023 SHEET 1 OF 3 LEPINE ENCROACHMENT EXHIBIT CANAL SANDBRIDGE SHORES BASS INLET M.B.67 PG.45 NOW OR FORMERLY f-EBB CITY OF VIRGINIA BEACH FLOOD—•- GPIN:2433-33-0267 °i 12, PROPOSED(4)PILE ALUMINUM BOAT LIFT EXISTING o TIMBER '" 26.3' PIER N 10°34'W _ 100.00' 19 EXISTI NG TIMBER 21' -- - - BULKHEAD — — — — — — MLW&MHW @ EX. I �^ BULKHEAD UNLESS I MHW EXISTING TIMBER I I OTHERWISE NOTED I BULKHEAD I I EXISTING CONCRETE 5'EASEMENTALONG FRAMED I BOAT RAMP I EACH LOT LINE GRANTED I I (AND SHED I I TO CITY OF VB FOR I I I I 2 DRAINAGE AND UTILITIES I BRIDGE (M.B.67 P.45) i I I I n� I I c M.B.67 PG.45 FRAMED I I o LOT 77 I SHED I NOW OR FORMERLY q I I LOT 79 ROBERT F&REGINA R. too I I I I NOW OR FORMERLY VALENTINE RLT DECK I 13 CAROL R.CURTIS GPIN:2433-33-2248 I I — I N GPIN:2433-33-1477 INST.-202203048526 LOT 78 INST:20150727000712570 M.B.67,PG.45 3 I I NOW OR FORMERLY I M.B.67, PG.45 r t 4 I i JOHN F.&ELIZABETH M.LEPINE I I n G PIN:2433-33-2328 I I I INST.200404090056388 I I ��p l T H pf. M.B.67, PG.45 II i I I U I I 1 1 SEAN E. GREEN a 1 I I I Lic. No. 0402064005 I I GRAVEL -o I I DRIVE CONC i I 'C �� DRIVE I i E'5• -13 L ENG\ I NA PIN 757'TO BACK N 10°34'00"W _ 100.00' SAND BEND ROAD BAY CRESCENT I. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 50r RIGHT-OF-WAY 2 1.. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY, M.B. 67,PG.45 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 30 60 PROPOSED IMPROVEMENTS I EXHIBIT A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, SCALE:l"=30' TIMBER FRAMED SHED, TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A ENGINEERING SERVICES PROVIDED BY: PROPOSED(4) TIMBER PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR:JOHN F. &ELIZABETH M. LEPINE 4014 MEDINA ROAD#1015,AKRON, OH 44333 2945 SAND BEND ROAD (330) 400-3811 LOT 78,SECTION 3, BACK BAY MEADOWS ©2023 WATERFRONT CONSULTING, INC. All RIGHTS RESERVED M.B.67, PG.4S DECEMBER 12, 2023 SHEET 2 OF 3 LEPINE ENCROACHMENT EXHIBIT MOUNTING OPTIONS: CABLE ROUTING: All. i PILING MOUNT SIDE MOUNT SINGLE PULL DOUBLE PULL TRIPLE PULL 5K-24K LIFTS 5K-16K LIFTS 5K-7K LIFTS IOK-16K LIFTS 20K-24K 1 D D LIFTS D E A B1 • F ISM S/B'x C 1 F PDNG fXA DETERAYH®BY JAI) MIN. TAG BIXi CONIRAC'TOR?x 1/I'%255 T MN.SS H X NEx BOLL W/LDCxS ANp _ @Iiax 1(!'SS HE%NUT NU75 B L NOTE:LOAD SHOULD BE EVENLY DISTRIBUTED BY POSffONMG THE CENTER OF GRAV!�`Y DIRECTLY IN THE CENTER OF THE LIFTMIG BEAMS AS SHOWN N iHlU17RA11pN 4 PILING BOAT LIFT SPECIFICATION SHEET (A) /(B) 2018 TOP BEAM A) CRADLE BEAM BUNKS DRIVE MINIMUM / ( (B) (C) CABLE SIZE(D I (E) H.P.MOTOR(F) SF AFT PILING (SIZE&CITY.) 4 PILING BOAT LIFT PILING SPACING Sp00 LL 5"CHANNEL X 12'6" 4"X 6"X 10' 5/76"SS 7/19 3/4 H.P.(CITY.2) (.313)SINGLE 220V 49A EACH (A)BOW TO (B)PORT TO 7,000 LL 6"CHANNEL X 12'6" 4"X 6"X 12'6' 1 M.P.(QTY.2) FOUR PILING PULL STERN STARBOARD 10jWTS 000LL ro 3/4 H P.IQT1 2EAC) B"(CITY.4) l (OUTSIDES) (CFNTERS) 7'CFiANAIEI X]2'6" S"X 8"X 12'6" 5/16"SS 7/19 2 220V 19A EACH SAN LB. a 10 FT 13,000 l& (.313)DOUBLE o N 7,000 LL PULL G 1 M.P.(CITY.2) _ 26AN LL 8"CHANNEL X 12'6" 6"X 10"X 14' ¢ 220V 6.BA EACH 10,000 LB. 12 FT 61 N 12 FT 6 IN [i 13AM LB. 20AM LL 6"X 10"X 15' 3/4 H.P.(QTY.2) 5/16"SS 7/19 220V 4.9A EACH 10'(QTY_41 16AM UEL 14 FT 9'CHANNEL X 14'6" a (.313)TRI PPLE 24AM LB. 7"X 12"X 16' PULL 1 H.P.(QTY.2) 20AM LL 1S FT 220V 6.8A EACH 24AM LB. 14 FT 6 IN 7TflE� PH:R'25-1116 GINEERING SEAL AFFIXED HERETO VAl1DMES STRUCNRAL DESIGN AS 16 FT MOWN ONLY.USE OF THIS SPECfiCATON BY CONTRACTOR,e.d. ENGINEERS SEAL 5K-24K 4 POLE BOAT LIFT FAX 4377 DEMNFIES L SAVES HARMLESS THIS ENGNEER FOR ALL COST IS DAMAGES 71DETAMER.COM NCLUDING LEGAL FEES L APPELLATE FM RESULTING FROM MAIBDAL P.O.BOX IT IB ABRICATON.SYSTEM ERECTION L CONS RUCT*N PRACTICES BEYOND ENGINEERING SHEET SNOW NMI-NC 28580 HAT WHICH IS CALLED FOR BY LOCAL.STATE.a FEDERAL CODS L FORM EVIATONS OF THIS PLAN.EXCEPT AS DlPRESSLY PROVIDED INFERM NO PROP@TAAY AHD ERTIFICATION OR AFFIRMATONS ARE N El-WED. VSCALEAM NO. REV AUL WELCH.INC.HAS NOT VISRED THIS JOB SITE RSORMAtgN COM ERDN IS BASED ON CONTRACTOR SIFPLIED DATA ANO MFASUREME?IIS AUL WELCH.NC.SHALL NOT BE HOD R6PONSBIENGINEERINGOR ERRORNEpUS ORVERIFIED PRIOR TO COD GIVEN AN OPPORIU ACC I241a SHEET 1 OF 1 NFORMATION PRIOR TO MOOFLC/110N OF pOSTNG I D ON ANPfAN NST lA OF MAT Lp,LTH OF`i o Z SEAN E. GREEN Lic. No. 0402064005 13-24 /4NAL EXHIBIT A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FRAMED SHED, TIMBER BULKHEAD, CONCRETE BOAT RAMP AND A ENGINEERING SERVICES PROVIDED BY: PROPOSED(4) TIMBER PILE ALUMINUM BOAT LIFT STONE GREEN CONSULTING, LLC FOR:JOHN F. &ELIZABETH M. LEPINE 4014 MEDINA ROAD#1015, AKRON, OH 44333 2945 SAND BEND ROAD (330) 400-3811 LOT 78,SECTION 3, BACK BAY MEADOWS ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M'B• 67, PG.45 DECEMBER 12, 2023 SHEET 3 OF 3 107 ITEM— VILKlI ORDINANCESIRESOL UTIONS ITEM#75554 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $7,940 from the Virginia Department of Behavioral Health and Developmental Services to FY2023-24 Human Services Operating Budget re Prevention Services Program Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR THE PREVENTION SERVICES PROGRAM IN THE 3 DEPARTMENT OF HUMAN SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $7,940 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services and appropriated, with revenue increased accordingly,to the FY 10 2023-2024 Operating Budget of the Department of Human Services for the Prevention 11 Services Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of A�r i 1 _, 2024. Requires an affirmative vote by a majority of all the members of City Council, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Ma agement Services ttomey's Office CA16473 R-1 April 2,2024 108 ITEM— VII.K.12 ORDINANCESIRESOL UTIONS ITEM#75555 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER up to$800,000 from Vacancy Savings in the General Fund to Emergency Medical Services and AUTHORIZE 2 full-time employees re establishment and administration of the municipal pharmaceutical program for EMS, Fire and rescue squad staff and members Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 1 AN ORDINANCE TO TRANSFER UP TO $800,000 IN 2 VACANCY SAVINGS WITHIN THE GENERAL FUND TO 3 THE DEPARTMENT OF EMERGENCY MEDICAL 4 SERVICES AND TO AUTHORIZE TWO POSITIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) A transfer of up to $800,000 is hereby authorized from vacancy savings in the 10 General Fund to the Department of Emergency Medical Services for the 11 establishment and administration of a municipal pharmaceutical program for 12 EMS, Fire, and rescue squad staff and members. 13 14 2) That 2.0 FTEs are hereby authorized within the Department of Emergency 15 Medical Services to support this program. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of April , 2024. APPROVED AS TO CONTENT: APPROVED TO LEGAL SUFFICIENCY: v Bridget and Management Services WA rney's Office CA16476 R-1 April 2, 2024 109 ITEM— VUK.13 ORDINANCESIRESOL UTIONS ITEM#75556 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, CITY OF VIRGINIA BEACH for a Certi icate of Appropriateness re appeal of Historical Review Board Decision on application to modify#21-20 to temporarily alter window openings (APPROVED) and remove natural slate roof and replace with synthetic slate (DENIED) at 2403 Courthouse Drive DISTRICT 2 Voting: 11 - 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 r CITY OF PLANNING & COMMUNITY DEVELOPMENT VIRGINIA Historical Review Board BEACH 2875 Sabre Street,Suite 500 Virginia Beach,VA 23452 Sent by email only. 12/21/2023 Timothy Oliver Public Works Building 8 2565 Glebe Road Virginia Beach,VA 23456 RE: Certificate of Appropriateness Application#23-11: Modification of Certificate of Appropriateness#21-20—City of Virginia Beach—Alterations to window openings& replacement of slate roof with synthetic slate—2403 Courthouse Drive -GPIN 1494814958- Courthouse Historic& Cultural Overlay District Dear Mr. Oliver, On December 20, 2023, the Historical Review Board reviewed a request to modify Certificate of Appropriateness (COA)#21-20 to include alterations to window openings in Building 3/Old City Hall (Building 3)that had been made without approval and the removal of Building 3's slate roof that had been initaited without approval and its subsequent replacement with new synthetic slate.The request was heard under COA application#23-11.To faciliate review of and action on the application, the request was split into two parts: Part A(alterations to window openings)and Part B (slate roof removal and replacement with synthetic slate). Part A:Alterations to Window Openings At its meeting on December 20, 2023, the Historical Review Board approved the request to modify COA#21-20 to include the alterations made to the three window openings in the east elevation of Building 3/01d City Hall subject to the following conditions: 1. All conditions listed in COA#21-20 remain in effect. 2. This approval is only for the three openings in Building 3 as discussed in the Staff Report dated December 20, 2023. No additional opening alterations—whether temporary or permanent—are permitted with this approval. 3. All change orders relating to the exterior building envelope (including but not limited to the roof, window/door openings, materials, repairs)shall be submitted for review by Historic Preservation Staff prior to executing any change. (757)385-4621 virginiabeach.gov/historicalreview December 21,2023 Timothy Oliver Page 2 of 3 Issuance of the COA by the Historical Review Board does not imply approval of any applicable City ordinances or discretionary approvals. Please attach this letter and the accompanying attachments to any permit or Development Services Center submissions. Part B: Removal of slate roof and replacement with synthetic slate At its meeting on December 20, 2023, the Historical Review Board denied the request to modify COA#21-20 to include removal of the historic slate roof from Building 3/Old City Hall and to replace it with synthetic slate.The denial by the Historical Review Board is for the following stated reasons: • Building 3 is a contributing resource in the Virginia Beach Courthouse Village and Municipal Center Historic District(a district listed in the National Register of Historic Places) and is a contributing resource in the Courthouse Historic& Cultural District. • Building 3 was designed after the 1934 reconstructed Governor's Palace in Williamsburg and the steeply pitched,slate roof is a major architectural and character-defining feature of Building 3. Slate roofs are also generally a character-defining feature of the historic district. • Synthetic slate is an inappropriate replacement material for natural slate per the Secretary of the Interior's Standards and according to guidance from the National Park Service and the Virginia Department of Historic Resources. Synthetic slate is not recommended as a suitable replacement material on historic buildings given its uniformity, ridged appearance, readily apparent difference in relief, and its potential to fade and shrink over time. • The roof of Building 3 is very promininent due to its height and proximity to the sidewalk, and is therefore very visible. • Building 3 has the structural capactiy to support a natural slate roof. In its motion to deny the request to use synthetic slate,the board approved the use of natural slate to be used on the building with the condition that the color of the slate be approved by the Historical Review Board before it was installed.The board stated use of natural slate was more important than an exact match to the original color. The Historical Review Board's decision may be appealed to the Virginia Beach City Council.The appeal process is outlined in Section 1303(c)(2) of the Zoning Ordinance.To initiate an appeal, provide a letter(not an email)to the Director of the Department of Planning and Community Development within 30 days of December 20, 2023. The letter must state the grounds for your appeal.The address for the Director of Planning is: (757)385-4621 virginiabeach.gov/historicalreview December 21,2023 Timothy Oliver Page 3 of 3 Kathy Warren, Director Planning & Community Development City of Virginia Beach 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 If you need further assistance, please contact Elizabeth Nowak at 757-385-3066 or by email at PreserveVB@vbeov.com. Sincerely, 1�a &i NSGUaX Elizabeth Nowak Planner II Enclosure: Original COA#21-20 cc: Kaitlen Alcock, Planning Administrator Gus Norsworthy, MEB Vincent Rozella, Construction Inspection Supervisor Shawn Rockwell, Engineer V Building File (757)385-4621 virginiabeach.gov/historicalreview 110 ITEM- VII.L.I PLANNING ITEMS ITEM#75557 The following registered to speak.- Eddie Bourdon, 4429 Bonney#500,Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Kim Mayo, Representing Chesapeake Beach East Condo Association, 1408 Bradford Road, Phone: 450-3011, spoke in OPPOSITION Windy Crutchfield, Representing The Lake Association, 4016 Rampart Avenue,Phone: 646-8056, spoke in OPPOSITION Derric Copeland, Representing Great Neck Estates Civic League, 1513 Selden Street, Phone: 318-207-0118, spoke in OPPOSITION Martha Thereault, 4311 Black Beard Road, Phone:287-2808, spoke in OPPOSITION Julia Cherry, 2408 Cedar Bark Road, Phone: 639-6745, spoke in OPPOSITION Susie Rice, 2401 Millwood Road, Phone: 651-6151, spoke in OPPOSITION Kim Johnson, 4412 Reynolds Drive, Phone: 639-4968,spoke in OPPOSITION Phil Hines, 437 Lynnville Crescent, Phone: 897-3538,spoke in SUPPORT Reverend Dr. Garrett Bugg, spoke in SUPPORT Gayle Schwartzer, 1808 Timberwood Lane, Phone: 404-6669, spoke in SUPPORT Cathy Maston, 2237 Windward Shore Drive, spoke in SUPPORT Rick Boyles, 525 Suber Drive, Phone: 589-4893, requested a deferral Gloria Copeland, 1824 Ashley Drive, spoke in OPPOSITION Rona Marsh, 4382 Lynnville Crescent, Phone:270-7900, spoke in OPPOSITION After City Council discussion, Council Member Taylor made a motion, seconded by Council Member Rouse, to DENY,Application of WYCLIFFE PRESBYTERLIN CHURCH& BHC,LLC/TRUSTEES OF WYCLIFFE PRESBYTERL4N CHURCH at 1445 North Great Neck Road& 2307 Millwood Road (DISTRICT 8)for: • Modi acation of Conditions to a Conditional Use Permit (Applicant has requested to amend) • Conditional Change o Zoning from R-10 Residential to Conditional 0-1 Office (Applicant has requested to defer or withdraw) • Conditional Change of Zoning from R-10 Residential to Conditional R-10 • Variance to Section 4.4(b)of the Subdivision Regulations for Parcel A (Applicant has requested to defer or withdraw) • Variance to Section 4.4(b)of the Subdivision Regulations for Parcel Lot 5 Council Member Ross-Hammond then made a SUBSTITUTE MOTION, seconded by Vice Mayor Wilson, for the application of Wycliffe Presbyterian Church&BHC,LLC/Trustees of Wycliffe Presbyterian Church at 1445 North Great Neck Road& 2307 Millwood Road(District 8), to APPROVE AS MODIFIED,AS AMENDED the Modi acation of Conditions to a Conditional Use Permit:APPROVE WITHDRAWAL of Conditional Chan-ae of Zoning from R-10 Residential to Conditional 0-1 Office; APPROVE, AS PROFFERED, Conditional Change of Zonin from R-10 Residential to Conditional R-10; APPROVE WITHDRAWAL of Kariance to Section 4.4(b)of the Subdivision Regulations for Parcel A;and APPROVE AS CONDITIONED Variance to Section 4.4(b)of the Subdivision Regulations for Parcel Lot 5. April 16, 2024 111 ITEM— VUL.I PLANNING ITEMS ITEM#7555 7 (Continued) In addition, staff shall not allow an alteration, relocation, or expansion of the existing 10' drainage easement that runs through the center of the lake without further direction of City Council, with the stated intent being to preserve the existing lake. Voting: 7-4 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, Robert W "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. `Joash" Schulman and Vice Mayor Rosemary Wilson Council Members Voting Nay: Barbara M. Henley,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: None April 16, 2024 112 ITEM— VII.L.1 PLANNING ITEMS ITEM#75557 (Continued) Upon motion by Council Member Ross-Hammond, seconded by Vice Mayor Wilson,for the application of Wycliffe Presbyterian Church&BHC,LLC/Trustees of Wycliffe Presbyterian Church at 1445 North Great Neck Road & 2307 Millwood Road (District 8), City Council APPROVED AS MODIFIED, AS AMENDED the Modification of Conditions to a Conditional Use Permit:APPROVED WITHDRAWAL of Conditional Change of Zoning from R-10 Residential to Conditional 0-1 Office; APPROVED, AS PROFFERED, Conditional Change of Zoning from R-10 Residential to Conditional R-10;APPROVED WITHDRAWAL of Variance to Section 4.4(b) of the Subdivision Regulations for Parcel A; and APPROVED AS CONDITIONED Variance to Section 4.4(b) of the Subdivision Regulations for Parcel Lot 5. In addition, staff shall not allow an alteration, relocation, or expansion of the existing 10'drainage easement that runs through the center of the lake without further direction of City Council, with the stated intent being to preserve the existing lake. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WYCLIFFE PRESBYTERIAN CHURCH& BHC, LLC/TRUSTEES OF WYCLIFFE PRESBYTERIAN CHURCH at 1445 North Great Neck Road & 2307 Millwood Road (GPINs: 2408191170, 2408099309) DISTRICT 8 The following conditions shall be required: APPROVED AS MODIFIED,AS AMENDED Modification of Conditions to a Conditional Use Permit Modification of Conditions 1. The 1.45 acre parcel being re-zoned to conditional R-10 is removed from the Conditional Use Permit; the remaining 2.43 acre parcel("Parcel A')shall continue to be subject to the Conditional Use Permit. 2. Council directs City staff not to approve any redevelopment plan or subdivision plat that involves modification or relocation of the existing 10'drainage easement, which runs down the center of lake, or the acceptance of additional drainage easements to make the 10'existing easement wider, without further action of the City Council. 3. All previous conditions attached to the Conditional Use Permit approvals of August 3, 1966, October 15, 1973, and December 19, 1988, as well as the Modification of Conditions approval of December 12, 2000 shall remain in effect. APPROVED WITHDRAWAL Conditional Change of Zoning from R-10Residential to Conditional 0-1 Office APPROVED,AS PROFFERED Conditional Change o Zoning from R-10 Residential to Conditional R-10 Conditional Rezoning 0?-10 to Conditional R-10) An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. April 16, 2024 113 ITEM— VII.L.1 PLANNING ITEMS ITEM#7555 7 (Continued) APPROVED WITHDRAWAL Variance to Section 4.4(b)of the Subdivision Regulations for Parcel A APPROVED,AS CONDITIONED Variance to Section 4.4(b) of the Subdivision Regulations for Parcel Lot 5 Subdivision Variance 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning& Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408-09-9309 VIRGINIA BEACH, VIRGINIA" dated December 4, 2023, prepared by Gaddy Engineering Services, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. The applicant shall obtain an Encroachment Agreement through the Department of Public Works/Real Estate, prior to development, for any improvements (i.e roads, structures) that will encroach into any public City easements on the property. The Encroachment Agreement shall be approved prior to the approval of the site plan, construction plan, and recordation of the subdivision plat. 3. Prior to recordation, a one foot no ingress-egress easement shall be dedicated along North Great Neck Road on the subdivision plat. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h day of April Two Thousand Twenty Four. Voting: 7-4 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman and Vice Mayor Rosemary Wilson Council Members Voting Nay: Barbara M. Henley,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: None April 16, 2024 04 CITY OF VIRGINIA BEACH • - _ INTER-OFFICE CORRESPONDENCE OF OUR NPT%ONS In Reply Refer To Our File No. DF-11143 DATE: April 3, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; BHC, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 16, 2024. 1 have reviewed the subject proffer agreement, dated December 5, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager H BHC,LLC,a Virginia limited liability company DAVID E.GANGWER and DAVID G.CARNEY,TRUSTEES OF WYCLIFFE PRESBYTERIAN CHURCH TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 51h day of December, 2023, by and between BHC, LLC, a Virginia limited liability company, party of the first part, Grantor; DAVID E. GANGWER and DAVID G. CARNEY,TRUSTEES OF WYCLIFFE PRESBYTERIAN CHURCH,party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the third part,Grantee. WITNESSETH: WHEREAS,the party of the second part is the owner of property located in District 8 of the City of Virginia Beach containing approximately 1.341 acres which is more particularly described as "PARCEL R" on Exhibit "A" attached hereto and incorporated herein by this reference,which PARCEL R is herein referred to as the"Property"; and WHEREAS,the party of the first part,as contract purchaser of the Property,has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-10 Residential District to Conditional R-10 Residential District;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change,and the need for various types of uses,certain reasonable conditions governing the use of the Property for the protection of the community that GPIN: PARCEL A Part of 2408-09-9309 Prepared by: R Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C, 4429 Bonney Road,Suite 500 Virginia Beach,Virginia 23462 are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS,the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors,their successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is subdivided, developed and landscaped, it shall have the privately maintained entrance street,sidewalk extension along Millwood Road,dedicated public utility easement along Millwood Road and Great Neck Road and landscaped buffers with six foot (6) privacy fence substantially as depicted and described on the exhibit entitled, "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408-09-9309 VIRGINIA BEACH, VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Rezoning Plan") and are incorporated herein by this reference. A detailed landscape plan for the designated ten foot(10') landscape buffers with six foot (6) privacy fence as depicted on the Rezoning Plan shall be submitted for approval with the Subdivision Construction Plan. 2. When the Property is developed, it will be subdivided into no more than five (5) single family residential building lots each having a minimum of 10,000 square feet of area. The 2 five (5) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 2600 square feet of living area. Each home shall have no less than a two (2) car garage and utilize the high quality architectural features and design elements substantially as depicted on one of the five (5) renderings designated "Bishard Homes Subdivision Quality Example" (1 through 5),dated December 4,2023 which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning(the "Quality Home Depictions") and are incorporated herein by this reference. None of the Quality Homes depicted and proffered herein may be constructed on two (2) adjoining lots. 3. When the Property is developed,the exterior building materials to be used on the residential structures shall consist primarily of high quality architectural shingles, cementitious siding (e.g., "Hard iPlank"), brick or masonry stone, or a combination of those materials along with high-quality accent or ancillary material such as metal roof accents and vinyl shutters. 4. The party of the first part shall contribute a payment in lieu of the recreational open space requirement under Section 4.5 of the Subdivision Ordinance, to the Grantee's Parks and Recreation Department. S. When the Property is developed, the party of the first part shall record a Declaration submitting the building lots, the ten foot (10') Fencing and Landscape Buffer Easement, the Shared Private Road Easements, offsite and onsite, and all maintenance agreements and obligations applicable thereto to a mandatory membership Homeowner's Association which shall control these easement rights and be responsible for maintaining the ONSITE portion of the SHARED PRIVATE ROAD and the ten foot (10') Fencing and Landscape Buffers. The Homeowner's Association shall also be responsible for collecting and contributing the homeowner's share of the maintenance costs of the offsite portion of the Shared Private Road from Millwood Road to its intersection with the ONSITE Private Road. 7. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a 3 new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement, damages, or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the name of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: BHC, LLC, a Virginia limited liability company (SEAL) Steven W. Bishard, Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this U day of December,2023, by Steven W. Bishard, Member of BHC, LLC, a Virginia limited liability company,Grantor. Notary Public My Commission Expires: Notary Registration Number: A� JOSHUA MOTO NOTARY PUBLIC REGISTRATION#7851074 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 08/31/2027 5 WITNESS the following signature and seal: Grantor: r (SEAL) David E.Gangwer, ustee for Wycliffe Presbyterian Church STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 4—day of December,2023, by David E.Gangwer,Trustee of the Wycliffe Presbyterian Church,Grantor. )Albt AXZt�JA Notary Public My Commission Expires:_L Notary Registration Number: Z SKYLER SWINK NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31,2026 COMMISSION#7789172 6 EXHIBIT "A" "PARCEL R" All that certain piece or parcel of land lying,situate and being in District 8 of the City of Virginia Beach, Virginia, containing 1.341 acres on the southwestern side of Great Neck Road and the southern side of Millwood Drive at their intersection,which property is the eastern portion of PARCEL B-2-A-1 (Instrument Number 202307000103) and is more particularly described as follows: Beginning at a pin set along the southwesternmost right of way line of N. Great Neck Road at its point of intersection with the boundary line dividing PARCEL B-2-A-1 and PARCEL B-1-A-1 as depicted on the RESUBDIVISION PLAT OF PARCEL B-1-A AND PARCEL B-2-A (INST. #20141218001186080) (DB 1355,PG.661)AND REMAINDER OF LOT 1,BLOCK B,GREAT NECK ESTATES, SECTION ONE, VIRGINIA BEACH, VIRGINIA" recorded in the Office of the Clerk of Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 202307000103, the "POINT OF BEGINNING"and running along said shared boundary line S 51° 39' 33" W, 205.00 feet to a point; thence N 38° 20' 27"W, 125 feet to a point; thence N 51' 39' 34" E, 76 feet to a point; thence N 38'20'22"w,16.68 feet to a point; thence in a northwesterly direction along a curve with a radius of 1000 a distance of 39.32 feet, thence continuing in a northwesterly direction along a curve with a radius of 1000 a distance of 55.85 feet to a point; thence in a northwesterly direction along a curve with a radius of 100° a distance of 12.77 feet to a point; thence S 79° 48' 53"W, 30.21 feet to a point; thence N 18° 11' 07"W, 143.89 feet to a point on the southern right of way line of Millwood Drive; thence N 820 21' 24" E, 4.74 feet to a point; thence along the Millwood Drive right of way line in a northeasterly direction along the arc of a curve with a radius of 226.96° a distance of 50.29 feet to a point; thence continuing along the said right of way line in a southeasterly direction along the arc of a curve with a radius of 241.320 a distance of 22.94 feet to a point; thence continuing along said right of way line in a southeasterly direction along the arc of a curve with a radius of 241.32°a distance of 66.60 feet to a point; thence N 82' 41'50"E,23.05 feet to the point of intersection of the southern right of way line of Millwood Drive and the southwestern right of way line of N.Great Neck Road;thence following said right of way line of N. Great Neck Road S 38" 20' 27" E, 277.29 feet to the pin set at the Point of Beginning. GPIN: PARCEL A-PART OF 2408-09-9309 H:\AM\~Conditional Rezoning\~BHC LLC\1.341 Acre R-10 Proffer Agreement—final 2-20-2024.docx 7 BHC,LLC,a Virginia limited liability company DAVID E.GANGWER and DAVID G.CARNEY,TRUSTEES OF WYCLIFFE PRESBYTERIAN CHURCH TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 51h day of December, 2023, by and between BHC, LLC, a Virginia limited liability company, party of the first part, Grantor; DAVID E. GANGWER and DAVID G. CARNEY,TRUSTEES OF WYCLIFFE PRESBYTERIAN CHURCH,party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the third part,Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of property located in District 8 of the City of Virginia Beach containing approximately 2.538 acres which is more particularly described as "PARCEL A" on Exhibit "A" attached hereto and incorporated herein by this reference,which PARCEL A is herein referred to as the"Property";and WHEREAS,the party of the first part,as contract purchaser of the Property,has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-10 Residential District to Conditional 0-1 Office District,and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change,and the need for various types of uses,certain reasonable conditions governing the use of the Property for the protection of the community that GPIN: PARCEL A Part of 2408-09-9309 Prepared by. R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road,Suite 500 Virginia Beach,Virginia 23462 are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS,the Grantors have voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Office District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors,their successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is subdivided and developed, it shall have the widened and improved, privately maintained shared entrance from Millwood Road, freestanding, externally illuminated monument style sign, landscape buffers and existing parking lot substantially as depicted and described on the exhibits entitled, "REZONING PLAN FOR WYCLIFFE EXCESS PROPERTY GPIN: 2408-09-9309 VIRGINIA BEACH, VIRGINIA", dated December 4, 2023, prepared by Gaddy Engineering Services,and "Freestanding Sign Rendering For Parcel A"dated December 4, 2023, copies of which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach Department of Planning (the "Rezoning Plan") and are incorporated herein by this reference. 2. The development of the Property shall be restricted to the maintenance, renovation and refurbishment of the existing 3,522 square foot A-Frame Office Building to include up to 500 additional square feet of floor area which will not substantially modify the exterior architectural features and appearance of the existing building. 2 3. The only types of uses which shall be permitted in the building on the Property are as follows: (i) Business offices of advertising, real estate or insurance companies; (ii) Medical, optical and dental offices and clinics; legal, engineering, architectural and similar professional offices, accounting, auditing and bookkeeping services offices; (iii) Offices of miscellaneous business services such as consumer credit reporting agencies, mailing list and stenographic services, business and management consulting services; (iv) Offices of non-profit organizations, such as professional organizations, civic, social and fraternal associations, political organizations, and religious organizations; and (v) Religious uses. 4. When the Property is created by subdivision, the party of the first part shall record a Declaration of Easement creating an Ingress/Egress and Shared Maintenance Agreement for the benefit of the adjoining PARCEL R over and across the portion of "Shared Private Road"which provides access from both the Property and PARCEL R to Millwood Road. 5. Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the 3 before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the name of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: BHC, LLC, a Virginia limited liability company By: A 0&, —� (SEAL) Steven W. Bishard, Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of December,2023, by Steven W. Bishard, Member of BHC, LLC,a Virginia limited liability company, Grantor. a47*e-- Notary Public My Commission Expires: Ayo -?/, 202 q Notary Registration Number: '79-',/017 JOSHUA MO—TO NOTARY PUBLIC REGISTRATION#7851074 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 08/31/2027 5 WITNESS the following signature and seal: Grantor: (SEAL) David E.Gangwer,T44ee for Wycliffe Presbyterian Church STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 9 day of December,2023, by David E.Gangwer,Trustee of the Wycliffe Presbyterian Church,Grantor. Lie'17 L�I Ih mi �} otary Public My Commission Expires: V /j// Notary Registration Number: — 41��7_7, SKYLER SWINK NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31,2026 COMMISSION#7789172 6 EXHIBIT "A" "PARCEL A" All that certain piece or parcel of land lying, situate and being in District 8 of the City of Virginia Beach,Virginia, containing 2.538 acres, fronting 80 feet along the south side of Millwood Drive, which property is the western portion of PARCEL B-2-A-1 (Instrument Number 202307000103) and is more particularly described as follows: Beginning at a pin found along the southern right of way line of Millwood Drive at its point intersection with the eastern boundary line of a Pump Station Site owned by the City of Virginia Beach (Deed Book 1387,at Page 603)and from this Point of Beginning running in a southeasterly direction following said right of way line of Millwood Drive along the arc of a curve with a radius of 250.00°, a distance of 80 feet to a point; thence turning and running S 10' 11' 07" E, 143.89 feet to a point; thence N 79' 48' 53" E, 30.21 feet to a point; thence in a southeasterly direction along a curve with a radius of 100.00'a distance of 12.77 feet to a point;thence in a southeasterly direction along a curve with a radius of 100.00' a distance of 55.85 feet to a point; thence in a southeasterly direction along a curve with a radius of 100.00' a distance of 39.32feet to a point; thence S 51' 39' 34" W,76.00 feet to a point; thence S 38' 20' 27" E, a distance of 125 feet to a point along the boundary line between PARCEL B-2-A-1 and PARCEL B-1-A-1 as established by that certain RESUBDIVISION PLAT recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 202307000103; thence proceeding upon said shared boundary line S 51' 39' 33"W, 361.76 feet to a pin; thence N 41'05' 18"W, 250.269 feet to a pin; thence N 51' 39' 33" E, 312.76 feet to a pin; thence N 38' 20' 27"W, 110.00 feet to a pin; thence N 51' 39' 33" E, 50 feet to a pin; thence N 30' 20' 27" W, 36.54 feet to a pin at the POINT OF BEGINNING. GPIN: PARCEL A - PART OF 2408-09-9309 H:\AM\Conditional Rezoning\'BHC LLC\2.538 Acre 0-1 Proffer Agreement.docx 7 R�1,0� �� ,o ao 0 °R10 R-10 , o b mom co R20 0R20, B2 A,A q. T- R20 ° B2 , N ® site Wycliffe Presbyterian Church & BHC, LLC W Property Polygons *A - 1445 North Great Neck Road & 2307 Millwood Road s Zoning Building Feet 0 4590 180 270 360 450 540 114 ITEM— VII.L.2 PLANNING ITEMS ITEM#75558 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council DEFERRED TO MAY 21, 2024,BY CONSENT, application of CARL R. ELLIS, JR for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the lot to create two (2) single-family dwelling lots at 2620 Broad Bay Road DISTRICT 8 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 115 ITEM— VII.L.3 PLANNING ITEMS ITEM#75559 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of VIRGINIA BEACH AVA RE, LLC for a Street Closure re approximately 813 square foot portion of an unnamed, unimproved right-of-way adjacent to 2375 Virginia Beach Boulevard DISTRICT 3 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACHAVA RE,LLCfor a Street Closure re approximately 813 square foot portion of an unnamed, unimproved right-of-way adjacent to 2375 Virginia Beach Boulevard (Adjacent GPIN.- 1497954001)DISTRICT 3 The following conditions shall be required: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors and assigns, shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicant, or the Applicant's successors and assigns, shall verb that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within three hundred sixty-five (365) days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of Way the approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h day of April Two Thousand Twenty Four. April 16, 2024 116 ITEM— VII.L.3 PLANNING ITEMS ITEM#75559 (Continued) Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 1 ORDINANCE APPROVING APPLICATION OF VIRGINIA 2 BEACH AVA RE, LLC FOR THE CLOSURE OF 3 APPROXIMATELY 813 SQ. FT. PORTION OF AN 4 UNNAMED, UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 2375 VIRGINIA BEACH BLVD. 6 7 WHEREAS, Virginia Beach AVA RE, LLC, a Virginia limited liability company (the 8 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the 9 hereinafter described portion of an unnamed, unimproved right-of-way discontinued, 10 closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "DENOTES AREA OF PROPOSED STREET 28 CLOSURE FOR VIRGINIA BEACH AVA RE, LLC AREA = 29 APPROXIMATELY 813 S.F. OR 0.019 AC.", and shown as 30 the hatched area on that certain street closure exhibit 31 entitled: "STREET CLOSURE EXHIBIT OF 6,564 S.F. 32 PORTION OF UNNAMED UNIMPROVED 30' RIGHT-OF- 33 WAY ON PLAN OF LOTS FOR B.F. OWENS (M.B. 6, P. 34 271) VIRGINIA BEACH", Scale: 1" = 30', dated December 8, 35 2023, prepared by Gaddy Engineering Services, LLC, a copy 36 of which is attached hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 No GPIN Assigned (City Right-of-Way) 44 Adjacent GPIN: 1497-95-4001 45 1. The City Attorney's Office shall make the final determination regarding 46 ownership of the underlying fee. The purchase price to be paid to the City shall be 47 determined according to the "Policy Regarding Purchase of City's Interest in Streets 48 Pursuant to Street Closures," approved by City Council. 49 50 2. The Applicant, or the Applicant's successors and assigns, shall 51 resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way 52 into the adjoining lots. The resubdivision plat must be submitted and approved for 53 recordation prior to the final street closure approval. 54 55 3. The Applicant, or the Applicant's successors and assigns, shall verify that 56 no other private utilities exist within the Right-of-Way proposed for closure. If other 57 private utilities do exist, an easement satisfactory to the appropriate utility company 58 must be provided. 59 60 4. Closure of the Right-of-Way shall be contingent upon compliance with the 61 above stated conditions within 365 days of approval by City Council. If the conditions 62 noted above are not accomplished and the final plat is not approved for recordation 63 within one year of the City Council vote to close the Right-of-Way this approval shall be 64 considered null and void. 65 66 SECTION III 67 68 1. If the preceding conditions are not fulfilled on or before April 15, 2025, this 69 Ordinance will be deemed null and void without further action by the City Council. 70 71 2. If all conditions are met on or before April 15, 2025, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 79 SECTION IV 80 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH (as "Grantor") and VIRGINIA BEACH AVA RE, LLC (as "Grantee"). 84 85 Adopted by the Council of the City of Virginia Beach, Virginia, on this 16th day 86 of April . 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t, - l � • "J&v,✓ Planning Department City Attorney CA16279 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d001\p043\00942517.doc R-2 March 28, 2024 EXHIBIT A NOTE DENOTES AREA OF PROPOSED STREET CLOSURE THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND IS FOR BARBARA C. DUFF& HOYT L. DUFF, II NOT INTENDED FOR ANY OTHER PURPOSE ®AREA=APPROXIMATELY 5,751 S.F. OR 0.132 AC. V1861NIA BEACHBDULEVARD TOTAL AREA PROPOSED FOR CLOSURE: �RourE58)OAR T0058-/34-joj RIGHT-OF-w503, APPROXIMATELY 6,564 S.F. OR 0.151 AC. (STATER/GHwAYPRo✓Ecroo58->34-10>,PE-f01,C-503,R/w203) PIN(F) S81°41'03"E 71.14' FIELD L=30.05' P/N(F) L=74.43' L=2.94' R=285.00' R=315.00' w z R=285.00' Q V L=15.37' R=285.00' I Quo I �ii 2�Z 0 boo 0 REMAINDER OFLOT 6 REMAINDER OFLOT 5 _W (M.B 6PG 271) (M.B. 6PG.271) LOT A- W GP/N:1497-95w9058 GPIN'1497-95--9088 LOT W" 0 io W � I I o_ I v �/V W N co ��- Q�(6 00 W /m co REM /NDER OFL OTS2--9, Z Qj O &RE,WAIADEROFLOT25 N N/F ul) N W BARBARA DUFF o REMAINDER OFPARCEL A (D.B.328 PG.565) (/NSTR.#202100005277) i j Z N/F p AREA:27,424 S.F OR SARSARA DUFF � REMA/NDER OFLOT 7 0.630AC. (/NSTR#200312110205988) Z (M.B.6PG.271) GP/N.-1497-95-8048 GP/N.-1497-95-9041 AREA.•12,934 S.F OR 0.297AC. N86°38'33"W 15.31' REMAINDER OFLOT8 PIN(F) (M.B. 6PG.271) GPIM M97-94-9917 PIN(F) °38'33"W T S62°58'06"W LTH 0 Ng6 00 lP� C°W - L�)75 20.17' P 75.66' lF1E N/F � VIRGINIA BEACHAVA RE,LL C Off' �I (INSTR.#20200702000575190) Z OR��55P�1 p11 MICHAEL S.GA Y 9 GP/N•1497-95-4001 rJ � Lic. No. 3255 ®DENOTES AREA OF PROPOSED 12/08/2023 STREET CLOSURE FOR VIRGINIA BEACH AVA RE, LLC AREA=APPROXIMATELY 813 S.F. OR 0.019 AC. vE 90 �p1 S U Rv STREET CLOSURE EXHIBIT OF G\1�JP v� GADDY ENGINEERING SERVICES,LLC 6,564 S.F. PORTION OF MICHAEL S. GADDY, PE, E UNNAMED UNIMPROVED 30' RIGHT-OF-WAY p l`' 30 60 EL S. 9-5933 LS ON PLAN OF LOTS FOR B.F. OWENS (M.B. 6, P. 271) 111 508 N. BIRDNECK RD., SUITE D VIRGINIA BEACH, VIRGINIA 1" = 30' VIRGINIA BEACH,VA,23451 117 ITEM— VII.L.4 PLANNING ITEMS ITEM#75560 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS MODIFIED, AS PROFFERED, BY CONSENT, application of BORN PRIMITIVE, LLC / MODERNSAVAGE INVESTMENTS,LLCforModi zcation ofProffers to Conditional Chango Zoning re modify the conceptual landscape plan and increase the height of the building at 1489, 1477 and 1469 Virginia Beach Boulevard and two(2)parcels directly east of 1469 Virginia Beach Boulevard DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BORN PRIMITIVE,LLC/MODERN SA VA GE INVESTMENTS,LLC for Modi zcation of Proffers to Conditional Change of Zoning re modify the conceptual landscape plan and increase the height of the building at 1489, 1477 and 1469 Virginia Beach Boulevard and two (2) parcels directly east of 1469 Virginia Beach Boulevard (GPINs 2417057714, 2417150755, 2417059705, 2417152724, 2417154801)DISTRICT 6 The following conditions shall be required: An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h day of April Two Thousand Twenty Four. Voting: I1 - 0 Council Members Voting Aye: Michael F.Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 FLI R5D R5D Al2 R5D R5D B2 1 Virginia Beach Boulevard of 1�1 B2 1;1 I-�� .-I01 1�1 0 o0 El E-2i R5D Q oo -. o Hiteshew Place Hiteshew Place oF—I El r I � U ---- L) ® Site Born Primitive LLC w' Property Polygon Zoning '1489, 14775 & 1469 Virginia Beach Boulevard & two parcels directly ,S Building east of 1469 Virginia Beach Boulevard Feet 02040 80 120 160 200 240 04 G� 1 CITY OF VIRGINIA BEACH z v + a INTER-OFFI CE CORRESPONDENCE o a: S OF OUR NPTX0N In Reply Refer To Our File No. DF-11155 DATE: April 3, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Modern Savage Investments, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 16, 2024. 1 have reviewed the subject proffer agreement, dated December 4, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further.. BKW/ka Enclosure cc: City Manager o' SECOND AMENDMENT TO PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS MODERN SAVAGE INVESTMENTS,LLC,a Virginia limited liability company TO(PROFFERED ZONING COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 411,day of December,2023,by and between MODERN SAVAGE INVESTMENTS, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee. WITNESSETH: WHEREAS,the Grantor is the owner of those five (5) parcels of property located in the City of Virginia Beach,Virginia, containing a total of approximately 4.40 acres, as described in Exhibit "A" attached hereto and incorporated herein by reference, which are referred to herein as the "Property";and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify a condition to the Zoning Classification of the Property;and WHEREAS,the Grantor has requested Grantee to permit this modification of the previously proffered Covenants,Restrictions and Conditions dated January 3, 2023 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 202303013919 (hereinafter"Initial 2023 Proffers"),to reflect amendments applicable to the land use plan on the Property;and GPIN: 2417-05-7714-0000 2417-05-9705-0000 2417-15-0755-0000 2417-15-2724-0000 2417-15-4801-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS,it is the intent of the Grantor that the proffered conditions numbered"2"and"3" as contained in the Initial 2023 Proffers be modified;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise;and WHEREAS,the Grantor has voluntarily proffered,in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property,the following reasonable conditions related to the physical development,operation,and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW,THEREFORE,the Grantor,its successors,personal representatives,assigns,grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or QWd pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amendment to the Conditions and Restrictions as proffered which shall restrict and govern the physical development,operation,and use of the Property and hereby covenants and agrees that this declaration along with the unchanged Initial 2023 Proffers shall constitute zoning proffers running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor,its successors,personal representatives,assigns,grantees, and other successors in interest or title: Proffer numbered two (2) set forth in the Initial 2023 Proffers is hereby deleted and replaced with the following"NEW PROFFER"numbered 2: 2. When the Property is developed,it shall be landscaped substantially as depicted on the exhibit entitled "CONCEPTUAL PLANTING PLAN & SCHEDULE FOR BORN PRIMITIVE WAREHOUSE, VIRGINIA BEACH, VIRGINIA", dated 12/4/ 2023, which has been exhibited to the 2 Community Development (hereinafter "Landscape Plan") and incorporated herein by this reference. Proffer numbered three (3) set forth in the Initial 2023 Proffers is hereby deleted and replaced with the following"NEW PROFFER"numbered 3: 3. When the Property is developed,the exterior of the warehouse with ancillary office area shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials and architectural features as depicted on the exhibit entitled "NEW WAREHOUSE FOR BORN PRIMITIVE,OCEANA COMMERCE CENTER,VIRGINIA BEACH,VA",dated 12/04/23,prepared by Covington, Hendrix,Anderson Architects,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter referred to as the "Elevations") and incorporated herein by this reference. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions or further modifies the proffered conditions or restrictions to which the Property is subject to in its current Zoning District. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal 3 y action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Modern Savage Investments, LLC, a Virginia limited liability company By: (SEAL) Vlory ley,CC00 STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of November, 2023, by Mallory S. Riley, C00 of Modern Savage Investments, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: 3l a0 7AISHAKAIHORTON Notary Registration Number: 7 �Oe?3/ eryFubllcealth o1 Virginla 7970231 n Expires 08/3112026 5 EXHIBIT "A" Parcels I,lI and III: All Those certain lots, together with the buildings and improvements thereon, and appurtenances thereunto belonging,lying,situate and being in the City of Virginia Beach,Virginia,and being known, numbered and designated as Lots A,B,and C as shown on that certain plat entitled,"Resubdivision of Property of John S.Waller Family Limited Partnership, as shown on Plat of Property of H.H. Hill located in Oceana Gardens,Princess Anne Co.,VA,Map Book 22,page 17,IN.200303130039583,IN 200302240026224, IN. 200312010197830, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument Number 20100308000214600. GPIN: 2417-05-7714; 2417-05-9705-0000; 2417-15-0755-0000 Parcel IV: All that certain lot, piece or parcel of land, located and being in Oceana Gardens of Lynnhaven Borough in the City of Virginia Beach (formerly Princess Anne County), Virginia, and being part of Plot 40 of the Plat of Oceana Gardens, and more particularly described as follows: Beginning at a point on the Southern line of State Route 58, commonly known as Virginia Beach Boulevard, at its intersection with a dividing line between Plots Forty-One (41) and Forty-Six (46) of Oceana Gardens, and running thence along said dividing line South 7° 30' West, 237.21 feet to Plot Forty- One (41) of said Oceana Gardens; thence North 82' 30' West along the dividing line between Plot Forty(40) and Forty-One (41) 50 feet; thence North 7° 30' East, 237.21 feet to the Southern line of Virginia Beach Boulevard 50 feet to the point of beginning. GPIN: 2417-15-2724-0000 Parcel V: All that certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Lynnhaven Magisterial District, Princess Anne County, Virginia, in Block Forty (40), of "Oceana Gardens" and more particularly bounded and described as follows,to-wit: Beginning at a point on the Southern line of Virginia Beach Blvd., which point is 507.67 feet from the Southeastern corner of East Lane and Virginia Beach Blvd. and running thence Easterly along the Southern side of Virginia Beach Blvd. 279.37 feet to a point; thence turning and running in a Southerly direction and parallel to East Lane 237.21 feet to a point; thence turning and running in a Westerly direction and parallel to Virginia Beach Blvd. 279.37 feet to a point; thence turning and running in a Northerly direction and parallel to East Lane 237.21 feet to the point of beginning. GPIN: 2417-15-4801-0000 H:\AM\'Mod of Proffers\^'Modern Savage Investments\2023\2nd Amendment to Proffers.docx 6 118 ITEM— VII.L.5 PLANNING ITEMS ITEM#75561 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS PROFFERED, AS CONDITIONED, BY CONSENT, application of VIRGINIA ELECTRIC AND POWER COMPANY DBA DOMINION ENERGY VIRGINIA / USA ENTERTAINMENT, LC for a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional I-1 Industrial District re construct an office/warehouse building and Conditional Use Permit re bulk storage yard at 1585 Dam Neck Road DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA ELECTRIC AND POWER COMPANY DBA DOMINION ENERGY VIRGINIA/USA ENTERTAINMENT,LC for a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional I-1 Industrial District re construct an office / warehouse building and Conditional Use Permit re bulk storage yard at 1585 Dam Neck Road(GPIN 2405848 72 0)DISTRICT 5 The following conditions shall be required.• An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. Conditions for CUP. 1. Upon closure of the temporary access point on Dam Neck Road, the area shall be restored and revegetated with a 30 foot wide landscape buffer in a manner consistent with (at maturity) the proposed 30 foot landscape buffer along Dam Neck Road. 2. Prior to final site plan approval, the following shall be provided: a. A Wetland Delineation along with an approval/confirmation letter from the applicable state or federal agency(ies) having jurisdiction shall be submitted to the Department of Planning and Community Development. b. A Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. c. A Site Plan depicting onsite amenities, which shall be subject to approval by the Director of the Department of Planning and Community Development. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16'*day of April Two Thousand Twenty Four. April 16, 2024 119 ITEM— 11II.L.5 PLANNING ITEMS ITEM#75561 (Continued) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. `Joash"Schulman, Chris Taylor and Sabrina D. Wooten Council Members Abstaining: Vice Mayor Rosemary Wilson Council Members Absent: None April 16, 2024 Jti4GlN�'BEAck City of Virginia Beach SZ i r' 99�s Up OUR N010 0� VBgovoom ROSEMARY WILSON PHONE:(757)422-0733 VICE MAYOR RCWilsona[7vbgov.com COUNCIL MEMBER-DISTRICT 5 April 16, 2024 In Reply Refer to 0087781 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 the application of Dominion Energy Virginia for conditional rezoning and a conditional use permit for property located at 1585 Dam Neck Road and owned by USA Entertainment, LC. 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 participating in 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. Sincerely, ' tA1�1l� ZiL� Rosemary A. Wilson Vice Mayor RAW/RRI 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451 Dam -Neck ---- _wu H1 AG1 B2 B-2 11 11 01 11 AG 1 N ® Site Virginia Electric & Power Company dba Dominion Energy VirginiaV" � E Property Polygons 1585 Dam Neck Road Zoning S Building Feet 0 4590 180 270 360 450 540 B�4C U CITY OF VIRGINIA BEACH u INTER-OFFICE CORRESPONDENCE i r e ?i lb 9 Op OUR NPT'ON5 In Reply Refer To Our File No. DF-11153 DATE: April 3, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; USA Entertainment, L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 16, 2024. 1 have reviewed the subject proffer agreement, dated November 27, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager Document Prepared By: Robert P.Beaman III,Esq. (VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this 27' day of November , 2023 , by and between USA ENTERTAINMENT, L.C. , a Virginia limited liability company ("USA Entertainment", to be indexed as Grantor); VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia public service corporation,d/b/a DOMINION ENERGY VIRGINIA("Dominion Energy",to be indexed as Grantor) (USA Entertainment and Dominion Energy hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as"Grantee",and to be indexed as Grantee). WITNESSETH: WHEREAS, USA Entertainment is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 2405-84-8720-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the"Property"); and WHEREAS,Dominion Energy is the current contract purchaser of the Property; and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee,so as to change the classification of the Property from B-2 to Conditional I-1; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes, including various purposes at a variety of densities,through zoning and other land development legislation; and WHEREAS,Grantors acknowledge that competing and sometimes incompatible uses conflict,and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned I-1 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing I-1 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the GPIN No. 2405-84-8720-0000 Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning;and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided,however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE,the Grantors,for themselves,their successors,assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning,rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "VIRGR UA BEACH EAST, PREPARED FOR DOMINION ENERGY, VIRGINIA BEACH,VIRGINIA,CONCEPT PLAN",dated December 22,2023,and prepared by Kimley- Horn and Associates,Inc. (the"Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council,is on file with the Virginia Beach Department of Planning,and is incorporated herein by this reference. 2. The quality of architectural design and materials of the office building constructed on the Property, when developed, shall be in substantial conformity with the exhibit entitled "DOMINION ENERGY-VIRGINIA BEACH, CONCEPT PLAN & ELEVATIONS", dated December 22, 2023, and prepared by Baskervill(the"Elevations"),a copy of which is on file with the Department of Planning,has been exhibited to the Virginia Beach City Council,and is incorporated herein by this reference. 3. Landscaping installed on the Property,when developed, shall be in substantial conformity with that shown on the exhibit entitled "VIRGINIA BEACH EAST, PREPARED FOR DOMINION ENERGY, VIRGINIA BEACH, VIRGINIA, CONCEPT LANDSCAPE PLAN", dated December 22, 2023, and prepared by Kimley-Horn and Associates, Inc., (the "Landscape Plan"), a copy of which is on file with the Department of Planning, has been exhibited to the Virginia Beach City Council, and is incorporated herein by this reference. The exact species of the various types of landscaping shall be determined at final site plan review. 4. Freestanding signage located on the Property shall be monument-style,no larger than eight feet(8')in height,and shall be constructed of materials compatible with those used for the buildings located on the Property. 2 5. Any dumpster located on the Property will be screened from adjacent public streets by an enclosure constructed of materials compatible with those used for the buildings located on the Property. 6. The final stormwater management plan submitted to the Development Services Center (DSC)during the site plan review process for the development of the Property shall comply with applicable City Stormwater Management ordinance(s). A preliminary stormwater analysis in connection with the proposed development of the Property has been submitted to the City Planning Department. 7. Vehicular access along the Property's Dam Neck Road frontage may be provided substantially as depicted on the Concept Plan; however, such access shall be closed and removed once alternative access to and from the Property is available by means of a completed and dedicated public road adjoining the western boundary of the Property. Once alternative access is completed and operational, a continuous 1' no ingress-egress easement will be dedicated along the Property's frontage on Dam Neck Road. 8. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto,refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that(1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,including(i)the ordering in writing of the remedying of any noncompliance with such conditions, and(ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code,the CZO or this Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 3 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: USA ENTERTAINMENT, L.C., a Virginia limited liability company By: A K5 dk.-- Name: Mok , (� Title: ' 4 By: Name: G[ Title: COMMONWEALT'H/OF VIRGINIA 91COUNTY OF to-wit: The foregoing instrument was sworn to and acknowledged before me this o `day of VA Ve!K 20,, by jo&C and in their capacity as Managers of USA Entertainment, L.C., a Virginia limited liability company. They are personally known to me or has produced VA as identification. Witness my hand and official stamp or seal this 64tay of AV *r , 20,,�_? . Notary Publi`,`m I t ��SEAL) S'.E4�j My Commission Expires: ; N �y.��' -� �# 1 • Registration Number: ��`11v3/ l��_�= 124200101 4 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia public service corporation, d/b/a DOMINION ENERGY VIRGINIA By: 45 � Name: Su ? it-- Title: COMMONWEALTH OF VIRGINIA -ErI Y/C0_LWr i'OF i� M�„rc_�� ,to-wit: The foregoing instrument was sworn to and acknowledged before me this ZT'day of 111fo\rc n ba.! 20 L 3 , by Se 04� -j C 1 1 in his/her capacity as A u� �x�r oc ese.`. 4,V of Virginia Electric and Power Company, a Virginia public service corporation, d/b/a Dominion Energy of Virginia H�she is either persEnaRy known to me or has produced as identification. Witness my hand and official stamp or seal this Z-T1"`&y of 20 C-3. Michele Elder Garrett NOTARY PUBLIC Commonwealth of Virginia Rey.#7546090 o c (SEAL) My Commission Expires 9/30/2025 My Commission Expires: q � 3)�Zo Z� Registration Number: `-(51-}E'1)p9 O 124200101 5 EXHIBIT A Legal Description ALL THAT certain piece or parcel of land, situate, lying and being in the City of Virginia Beach,Virginia, and being known,numbered and designated as Parcel A, as shown on that certain plat entitled"SUBDIVISION PLAT OF A PORTION OF THE TAYLOR FARMS - Princess Anne Borough - Virginia Beach, Virginia," made by Horton & Dodd, P.C., Surveyors, Engineers, Planners, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 257,at pages 4 and 5. 124200101 6 120 ITEM— VII.L.6 PLANNING ITEMS ITEM#75562 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of TERRY MOORE MIFFLETON/CHARLES & TERRYMIFFLETONfor a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 403 DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TERRYMOORE MIFFLETON/CHARLES& TERRYMIFFLETON for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 403(GPIN24273224031620) DISTRICT 5 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 403,and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)SIR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO)or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. The Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of the Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. The Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1)hour. April 16, 2024 121 ITEM— VUL.6 PLANNING ITEMS ITEM#75562 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to note the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit, and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least$1- Million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one(1)rental contract for every seven(7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. April 16, 2024 122 ITEM— 11I1 L.6 PLANNING ITEMS ITEM#75562 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom, which number shall not include minors under the age of sixteen(16),provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner,or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h day ofApril Two Thousand Twenty Four. April 16, 2024 123 ITEM— VII.L.6 PLANNING ITEMS ITEM#75562 (Continued) Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 1�� 1 n U:OR 'OR treet �. h—st�ce 0 OR !OR I- Street i�T3) 3fd � 3. astir �-- r . - r Q" \ OR OR N ® site Terry Moore Miffleton � Property Polygons 117 303 Atlantic Avenue, Unit 403 QZoning s Building Feet 0 2040 80 120 160 200 240 124 ITEM— VII.L.7 PLANNING ITEMS ITEM#75563 The following registered to speak.- Gayle Johnson, 8304 Ocean Front Avenue, Phone: 513-7555, spoke in SUPPORT Paul Kane, 3900 Holly Road, Phone: 298-0222, spoke in SUPPORT Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED Ordinance to AMEND Section 111 of the City Zoning Ordinance (CZO) re definition of dwelling unit, home sharing, kitchen and porch Voting: 9-2 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Sabrina D. Wooten Council Members Absent: None April 16, 2024 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE DEFINITION OF 4 TERMS 5 6 Section Amended: § 111 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 111 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 111. Definitions. 19 20 For the purpose of this ordinance, words used in the present tense shall include 21 the future; words used in the singular number include the plural and the plural the 22 singular; the use of any gender shall be applicable to all genders; the word "shall" is 23 mandatory; the word "may" is permissive; the word "land" includes only the area 24 described as being above mean sea level; and the word "person" includes an individual, 25 a partnership, association, or corporation. 26 27 . . . . 28 29 Dwelling unit. A "dwelling unit" is a room or rooms connected together, 30 constituting an independent hey sekeeping unit residence for a family and including 31 permanent provisions for living, sleeping, eating, cooking and sanitation. 32 33 . . . . 34 35 Home sharing. A dwelling unit in which a room or rooms are offered for rental for 36 compensation for a period of less than thirty (30) consecutive days by an owner who 37 utilizes the dwelling unit as his principal residence and occupies the dwelling unit during 38 any such rental period. 39 40 . . . . 41 42 Kitchen. An area within a welling unit that constitutes a permanent 43 provision for cooking 44 45 . . . . 46 47 Porch. A one, two, or three-story structure attached to a building to shelter an 48 entrance or to serve as covered but unenclosed space. 49 50 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of April , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning Department Ci y Atfofr�e-yi-Cf ice CA16341 R-3 January 19, 2024 125 ITEM— VILM APPOINTMENTS ITEM#75564 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 90 DAY FESTIVAL TASK FORCE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES AD VISOR Y BOARD MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SER VICES AD VISOR Y BOARD April 16, 2024 126 ITEM— VILM APPOINTMENTS ITEM#75565 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: MICHAEL MA UCH (VB Restaurant Association) JOHN ZIRKLE (VB Hotel Association-Not in Resort Area) KATE PITTMAN (Arts and Culture Community) JEANNE EVANS-COX (Central Business District Association) BETSYATKINS (Cottage/Rental Industry) Three year term 411612024—3131182027 MEREDITH GRAY (Citizen member with advertising, marketing, or media experience) JUSTIN BEALE (VB Hotel Association) HARSHAD BAROT (Resort Advisory Commission) TYLER BROWN (Retail Industry) Two year term 411612024—313112026 AMY FROSTICK (Shore Drive Corridor/Bayfront Area) CHARLES THORNTON (Sports Industry) DEL CENO MILES (Citizen member with advertising, marketing, or media experience) One year term 411612024—313112025 April 16, 2024 127 ITEM— VILM APPOINTMENTS ITEM#75565 (Continued) COUNCIL MEMBER REMICK COUNCIL MEMBER ROSS-HAMMOND (Ex Officio/City Council Members) NANCYHELMAN (Ex Off cio/Director of Convention and Visitors Bureau) TERIDALE WILEY (Ex Officio/Executive Director, Virginia Beach Hotel Association) No Term ADVERTISING ADVISORY COMMITTEE Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 128 ITEM— VILM APPOINTMENTS ITEM#75566 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: PATRICIA PHILLIPS Unexpired term thru 613012024 Plus four year term 71112024—613012028 ARTS AND HUMANITIES COMMISSION Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 129 ITEM— VUM APPOINTMENTS ITEM#75567 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: EMILSON ESPIRITU (Licensed CPA) Three year term 61112024—513112027 AUDIT COMMITTEE Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 130 ITEM— VII.M APPOINTMENTS ITEM#75568 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: SHARIF HINES Unexpired term thru 1213112025 COMMUNITY SERVICES BOARD Voting: 11 - 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 131 ITEM— VII.M APPOINTMENTS ITEM#75569 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: JAKETA CLARK THOMPSON TARA JONES Two year term 61112024—513112026 MINORITY BUSINESS COUNCIL Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 132 ITEM— VII.M APPOINTMENTS ITEM#75570 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: JAMES BARBER (Alternate Member) Unexpired term thru 212812026 PERSONNEL BOARD Voting: 11 - 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 133 ITEM— VII.M APPOINTMENTS ITEM#755 71 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: PAGE MIYARES MARK STEVENS No Term SHORT TERM RENTAL ENFORCEMENT TASK FORCE Voting: 11 - 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 134 ITEM— VUM APPOINTMENTS ITEM#75572 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: BRADLEY VOLNER (Towing Industry) Three year term 61112024—513112027 VIRGINIA BEACH TOWING ADVISORY BOARD Voting. 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 16, 2024 135 ADJOURNMENT ITEM#755 73 Mayor Robert M.Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:22 P.M. Terri H. Chelius Chief Deputy City Clerk w i; Am a Ba ne , AYMC Robert M.Dyer City Clerk Mayor City of Virginia Beach Virginia April 16, 2024