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HomeMy WebLinkAboutNOVEMBER 12, 2024 FORMAL SESSION MINUTES �Nu-s� o�t�� (U 0p OUII %Aj%Q VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia NOVEMBER 12, 2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, November 12, 2024 at 12:30 P.M. Council Members Present: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCILS BRIEFINGS NORFOLK INTERNATIONAL AIRPORT UPDATE AND MASTERPLAN ITEM#76296 12:31 P.M. Mayor Dyer welcomed Mark Perryman, Executive Director & CEO — Norfolk Airport Authority. Mr. Perryman expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. Perryman for the presentation. November 12, 2024 x November 2024 TRANSF ARM �A � NORFOLK AIRPORT AUTHORITY Who Are We? • The Norfolk Airport Authority is an independent political subdivision of the Commonwealth of Virginia • Governed by a nine-member board of commissioners appointed by Norfolk City Council • The Authority independently owns and operates Norfolk International Airport • We are a "city" within a city — we employ 225+ personnel functioning in the roles of administration , operations, parking , police, aircraft rescue and fire fighting, janitorial , building maintenance, and field maintenance November 124 TRANSFORM NOPFOLK AIPPORT . . We Are a Business • Just like any business: • We earn revenue • We incur costs • Our operations are self-supporting • We receive no local taxes or subsidies • Our major revenue sources (FY 2024): • Parking (38%) • Rental Car (14%) • Airline Landing Fees (15%) • Rent/Leases (23%) • Concession Commissions (9%) • Other (1 %) November 124 TRANSFA M NOPFOLK AIPPOPT • . 2019 ECONOMIC IMPACT STUDY 17,300+ 1775MTotal Jobs in Job GDP Economic Earnings Impact OVFP $27 in Capital Improvements completed over the past S years or in progress, all funded without local taxes. x November 2024 TPANSF AM NORFOLK AIRPORT AUTHORITY Commercial Aviation Market x November 2024 TRANSF .)RM r' , NORFOLK AIRPORT AUTHORITY 11-7 Air Access _w To a traveler, a commercial service airport's performance is judged by its: a. Connectivity to the national air transportation system b. Convenience of service C. Affordability of flights However, all of these are out of the direct l control of the airport operator. . . November 124 TRANSFOPM NOPFOLK AIPPOPT • . Our Market Strength Continues to Grow • 2024 should be another Total Passengers record-breaking year! 500•000 450,000 • January through September 400,000 were each record months 350,000 • July was busiest month in 300.000 250,000 the airport's history 200,000 • Up nearly 10% YTD 2024 150,000 100,000 • On pace to reach 5 million 50,000 passengers in 2024 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec -2024 -2023 -2022 2021 -2020 Passenger Traffic Recovery .R Historic Total Annual Passengers 00 _o N 5,000,000 m N ow v 4,500,000 Iq m e o 4,000,000 " rn _ t- ---------------------------------------------------------------------------------------------------------------------- vi 3,500,000 a M 3,000,000 2,500,000 M n 2,000,000 1,500,000 1,000,000 500,000 0 0 0 c0 AV` 0 bc0 bb l0 ° 0ti ^L 0 � hH01 00 ° 0 ^ � N0 NR "i 4040 b0 °'4 `i `' NCB `°' .0 °' Nho 0 , ` C' `°A Nb Nq p O p 0 0 O O O p0 O "p O O�6 O 0 O� O LO:0L^ OL� O L�L GI � Gy` `CIA`G11 CIA G� G� CyG (� G� G� G� G� 0-1`G� CGS`Clk CSG Gy GI0 Gy GA e G1 G� G� 61 GI G1 GA G� GA GI G� CSG Gy G1 G� GI 61 G� G1 G1 04L� OF ORF Nonstop Destinations Served • PORTLAND MINNEAPOLIS SYRACUSE BOSTON PROVIDENCE HARTFORD, DETR01 WHITE PLAINS.NY NEW HAVEN � EWRKORK IG NA CH GO PITTSBURGH LONG ISLAND AKRON PHILADELPHIA DENVER COLUMB 5 BALTIMORE CINCINNATI WASHINGTON LAS VECAS ST.LOUIS ORFOLK LOS NGELES NASHVILL CHARLOTTE SAN DIEGO PHOENIX / I DALLAS AT C NFA 'C14ARLESTON JACKSONVILLE HOUSTON NEW ORLEANS ORLANDO TAMPA ST.PETE-CLEARWATER WEST PALM BEACH FORT MYERS FT.LAUDERDALE MIAMI Origin Airport Total Nonstop 2023 Code Markets Passengers Number of Nonstop Destinations CHS 53 6,153,540 7 CMH 48 8,3 5,611 IND 48 9,788,867 50 OAK 48 11,239,075 45 SMF 48 12,977,001 45 SNA 47 11,741,325 40 39 40 CLE 46 9,868,868 PBI 46 7,764,458 35 35 JAX 45 7,446,084 30 30 ORF 45 4,552,582 30 SAT 45 10,676,570 ANC 44 5,587,528 25 24 24 23 24 21 21 BUR 41 6,034,729 22 20 18 19 sic 41 12,097,160 BDL 40 6,248,165 15 MKE 33 6,015,731 MEM 32 4,963,502 10 OMA 32 5,026,639 OGG 30 7,736,001 5 ABQ 29 5,310,964 0 ONT 27 6,429,986 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 RNO 26 4,573,384 BOI 25 4,752,757 Airline Data Inc.as of 7/12/2024 November 1 ' • • NOPFOLK AIPPOPT • • THE FUTURE OF Our Air Service Needs Domestic 2024 . . 50 Domestic Pax Rank Destination Airport City Airport Code PDEW Passengers Avg Fared Fare Fared Yield Pax Rank Destination Airport City Airport Code PDEW Passengers Avg Fared Fare Fared Yield 1 Orlando,FL MCO 335.6 245,675 $ 104.37 $ 21.18 26 Charlotte,NC CLT 65.3 47,818 $ 229.92 $ 34.67 2 Atlanta,GA ATL 229.9 168,319 $ 244.66 $ 28.05 27 St.Louis,MO STL 54.8 40,090 $ 217.52 $ 20.97 3 Tampa,FL TPA 1 180.4 132,071 $ 114.87 $ 16.90 28 Hartford,CT BDL 54.7 40,011 $ 107.74 $ 34.20 4 Fort Lauderdale,FL FLL 177.8 130,179 $ 95.29 $ 17.76 $ 5 Dallas/Ft.Worth,TX DFW 175.7 128,648 $ 256.78 $ 14.58 30 Minneapolis/St.Paul,MN MSP 52.0 38,072 $ 277.79 $ 20.84 6 San Diego,CA SAN 163.5 119,649 $ 297.12 $ 9.90 MMMIL $ 7 Chicago,IL ORD 158.6 116,082 $ 197.79 $ 30.26 32 Baltimore,MD BWI 49.3 36,066 $ 164.48 $ 8.28 8 New York,NY LGA 157.7 115,420 $ 146.98 $ 30.14 33 San Juan,PR S1U 47.1 34,451 $ 236.81 $ 9.37 9 Denver,CO DEN 146.6 107,286 $ 241.79 $ 13.17 HNL 46.1 33,772 $ 607.64 $ 7.79 10 New York,NY JFK 137.4 100,541 $ 134.18 $ 18.80 35 Kansas City,MO MCI 45.9 33,603 $ 258.29 $ 19.20 11 Las Vegas,NV LAS 131.0 95,926 $ 257.62 $ 11.19 36 Salt Lake City,UT SLC 45.7 33,452 $ 361.53 $ 10.64 12 Newark,NJ EWR 127.1 93,071 $ 142.99 $ 15.12 37 Indianapolis,IN IND 43.0 31.49 $ 207.62 $ 26.16 13 Los Angeles,CA LAX 123.5 90,402 $ 295.36 $ 11.76 38 Philadelphia,PA PHL 42.9 31,396 $ 250.17 $ 38.86 14 Jacksonville,FL JAX 120.7 88,366 $ 139.03 $ 23.13 39 Charleston,SC CHS 40.6 29,746 $ 138.98 $ 25.73 15 Houston,TX IAH 117.9 86,329 $ 222.84 $ 13.93 228.70 $ 16 Boston,MA BOS 108.5 79,412 $ 190.27 $ 30.54 41 Pittsburgh,PA PIT 38.4 28,081 $ 149.63 $ 40.78 17 Nashville,TN BNA 107.0 78,302 $ 197.51 $ 28.98 42 Cincinnati,OH CVG 37.8 27,689 1 $ 170.22 $ 28.08 18 Miami,FL MIA 92.9 68,010 $ 226.27 $ 15.73 43 Fort Myers,FL RSW 36.3 26,573 $ 169.95 $ 13.07 19 New Orleans,LA MSY 92.3 67,539 $ 159.25 $ 15.87 44 Columbus,OH CMH 36.3 26,558 $ 147.22 $ 30.37 45 Houston,TX HOU 35.3 25,857 $ 196.35 $ 5.52 21 Chicago,IL MDW 83.3 61,009 $ 162.84 $ 8.34 46 Sanford,FL SFB 34.8 25,487 $ 35.71 $ 0.45 22 Phoenix,AZ PHX 82.6 60,481 $ 320.41 $ 10.71 47 Memphis,TN MEM 34.3 25,110 $ 229.89 $ 18. 23 Providence,RI PVD 81.0 59,293 $ 113.91 $ 31.89 48 Portland,OR PDX 33.2 24,304 $ 353.64 $ 9. 24 Detroit,MI DTW 77.8 1 56,956 1 $ 266.37 $ 33.541, 49 Sacramento,CA SMF 32.6 23,887 $ 345.70 $ 8.4 50 West Palm Beach,FL PBI 32.6 23,833 $ 244.56 1$ 11.18 Note: Highlighted markets are the top unserved non-stop destinations THE FUTURE OF ORF Our Air Service Needs - International 2024 Top 25 Internati nal Destinations Top Unserved U.S. Transatlantic Markets Pax Rank Destination Airport City Airport Code PDEW Passengers Avg Fared Fare Fared Yield 1 Cancun,Mexico CU Kansas City 216,964 296.4 P D E WN 31.5 23,093 $ 288.07 $ 8.36 • 1passengers ( ) 2 Montego Bay,Jamaica MBJ 27.2 19,889 $ 336.31 $ 7.81 3 London UK LHR 22.2 16,237 $ 668.79 $ Indianapolis - 211 ,752 (289.3) 4 Punta Cana,DR PUJ 19.9 14,569 $ 365.53 $ 7.28 5 Manila,Philippines MNL 15.5 11,379 $ 1,014.34 $ 12.71 • Fort Lauderdale Fla. - 190,671 260.5 6 Toronto,ON YYZ 12.0 8,810 $ 268.02 $ 39.15 ( ) 7 Paris,France CDG 10.9 7,951 $ 767.09 $ 12.56° ( urt,Germany FRA 10.3 7,574 $ 648.15 $ • Jacksonville, Fla. - 180,559 (246.7) 9 Tokyo,Japan HND 10.1 7,415 $ 1,006.16 $ 12.88 10 Rome,Italy FCO 10.1 7,412 $ 805.97 $ 11.75 • Columbus, Ohio - 174,647 (238.6) 11 Nassau,Bahamas NAS 9.1 6,629 $ 323.31 $ 8.54 12 Aruba,ArubaAUA 8.4 , $ 3 . $ 5.66 13 San Jose,Costa Rica S10 7.8 5,702 $ 379.30 $ 6.45 • Norfolk- 121,677 (166.2) 14 Liberia,Costa Rica LIR 7.0 5,121 $ 420.95 $ 6.35 15 San lose Del Cabo,Mexico SJD 6.9 5,056 $ 382.25 $ 5.56 • Charleston, S.C. - 119,278 (162.9) 16 Amsterdam,Netherlands AMS 6.8 5,014 $ 766.86 $ 13.41 17 Athens,Greece ATH 6.8 4,988 $ 895.65 $ 12-29 • Sacramento - 114,225 (156) 18 Montreal,QC YUL 6.5 4,790 $ 283.45 $ 38.54 19 Manama,Bahrain BAH 6.0 4,423 $ 1,069.66 $ 9.S6 20 Mexico City,Mexico MEX 6.0 4,404 $ 367.18 $ 7.74 • Louisville - 92,571 (126.5) 21 Munich/Augsburg,Munich/Augsburg,Germany MUC 4,391 $ 22 Vancouver,BC YVR 5.5 4,036 $ 477.02 $ 13.39 23 Seoul,Republic of Korea ICN 5.3 3,905 $ 1,082.28 $ 7.71 Richmond - 90571 (123.7) ) 24 Madrid,Spain MAD 5.1 3,756 $ 739.03 $ 10A Source:U.S.DOT T-100 data for 25 Turks and Caicos PLS 5.1 3,750 $ 416.42 $ 6.62 12 months ended June 30,2024 November 2024 TRANSFr/.)xRM rjx NOPFOLK AIPPOPT AUTHOPITY 12 THE • OPF Risk Mitigation • FAA regulations restrict U .S. airports' ability to directly subsidize expanding or new airline F` entrants. Airport incentives can include: • Marketing dollars • Fee waivers for limited time periods • Despite the FAA limits, airlines often expect cash commitments to secure new long-haul international service prior to committing to a U .S. M route • Condor — $1 .3 million/2 years for San Antonio • British Airways — $3.5 million/2 years for Pittsburgh • Lufthansa — $5 million/2 years for St. Louis • Aer Lingus — $12 million/3 years for Cleveland Hampton Roads Coalition • Collective efforts are essential. • Local governments and CVBs • Businesses and development agencies • General Assembly • Norfolk Airport Authority Regional leadership and support, including a mechanism to collect and disperse financial incentives airports cannot provide alone. 10 • We're in the game. Together let's get a win. November 124 TRANSF6RM NOPFOLK AIPPOPT • • %0000000 Passenger Profile .. X November 2024 TRANSFORM � NORFOLK AIRPORT AUTHORITY THE FUTURE OF ORF Purpose of TraveI by Year 60% 52% 52% 51% 52% 50% 48% 49% 48% 48% 48% 49% 0 45% 46% 47% 48% 48% 46% 46% 47% 46% 40% 44/o 30% 20% 10% 8% 0% 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Source:Bonney&Company Pleasure Business —Both/Other Where VisitingPassengers 60% 50% 51% 51% 50% 49% 49% 48% 46% 47% 40% 42% 36% 36% 35% 30% 20% 16% 1 12% 4% 10% 8% 4% o ° 2 0 1% 1% 1% 1% 0% 2018 2019 2020 2021 2022 2023 Source:Bonney&Company —Hotel —Friends/Family �Airbnb/VRBO Other • • 1 • Where VisitingPleasure Passengers Stayed 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Southside(Net) 77% Norfolk 13% Virginia Beach 31% Chesapeake 31% Portsmouth , 1% Suffolk M 1% Peninsula(Net) 10% Hampton amm 3% Newport News 3% Williamsburg � 3% Other ■ 1% Other(Net) 13% North Carolina .: 11 Source:Bonney&Company IK November 2024 • • • NOPFOLK AIPPOPT . THE FUTURE OF ORF r) Where VisitingBusiness Passengers Stayed 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Southside(Net) 85% Norfolk 31% Virginia Beach 32% Chesapeake 1 19% Portsmouth ■ 1% Suffolk M 2% Peninsula(Net) 12% Hampton fis■■Ilt 7% Newport News � 3% Williamsburg M 1% Other ' 1% Other(Net) 3% North Carolina TM 2% Source:Bonney&Company November O. •PO. AUTHOPITY 9 Cities Visited by Out-of-Town Passengers 0% 10% 20% 30% 40% 50% 60% 70% Norfolk 33% Virginia Beach 59% Chesapeake 15% Portsmouth � 2% Suffolk � 2% Hampton �10 4% Newport News � 4% Williamsburg 11�111 4% Other Peninsula � 5% North Carolina �� 6% Other 11% Source:Bonney&Company THE FUTURE OF ORF Home Zip Code of ORF Travelers 0% 10% 20% 30% 40% 50% 60% 70% Virginia 60% Norfolk 9% Virginia Beach 1 22% Chesapeake 21% Portsmouth 2% Suffolk 2% Hampton 2% Newport News N 1% Other N 1% Out-of-State 40% Other Domestic 1 36% International � 4% Source:Bonney&Company Incidence of Military- Related Travelers 0% 10% 20% 30% 40% 50% 60% 70% 80% Military-related 26% Active Duty _- 9% Govt-related 11% Civilian Personnel 3% Military Dependent 3% No Military Connection 74% Source:Bonney&Company ACI Airport Service QualitySurvey ORF —Airport Performance ASG Key Highlights 01 2024 m Overall Satisfaction: 4.32(-o.oqv,Q4 2023) Overall Experience: 4.24(+o.lovsQ42023) Overall Satisfaction Amval at Shopping/ Throughout Overall Experience by by Traffic Type the Airport Security Screening Dining the AirportEmotional State a. 4.42 4.49 3.50 4.20 O V4.49 366 �] FT in II �3 a s Domestic Check-in Borden Gate Areas Airport Negative Neutral Positive 4.54 Passport Control 3.98 Atmosphere V N/A 4.25 Overall Satisfaction Passenger by Reason to Travel Emotions H Ease of Travelling Waiting Time Staff sate and 4.48 XIndex Index Index secure 4.23 4.42 4.32 4.48 4.55 4.36 Happy 4.24 r• I } I� I Excited 3.97 � Confident 4.29 Business Leisure Personal Relaxed 4.25 Pes✓.Ts c9m—de­ted die tc the very smart sempte,10,E Norfolk International Airport Skytrax World Airport Audit ScreeningSecurity Screening guide signage Waiting times • Service efficiency Staff attitude and courtesy Wayfinding& Signage Staff language skills Ease of wayfinding-arrivals ' sir FastTrack security Ease of wayfrnding-departures 10 Clarity of signs&symbols Walking distances Signage language choices Availability of toilets yk ;. FIDS:positioning in terminal Baggage hall facilities ** FIDS:clarity of display Baggage delivery times - Terminal maps Baggage carts Airport"help"staff Meet and greet facilities ***Yi Info/Help counter service November 1 • NOPFOLK AIPPOPT • • View o the Future of November 2024 TRANSF .)PM NORFOLK AIRPORT AUTHORITY 25 Capital Development Summary $49M $13M $748M $110M LOCAL PFC LOCAL FUNDING FY PROPOSED AIP AIP AIG ATP STATE STATE FUNDING FUNDED BY PROJECT DESCRIPTION CDS FUNDING FUTURE CFC START BUDGET ENTITLEMENTS DISCRETIONARY ENTITLEMENTS DISCRETIONARY ENTITLEMENTS DISCRETIONARY (DEBT (PAY-GO)FUNDING (ASSUMED OTHERS SERVICE) PFC GARBS) FY 24 Alpha Concourse Gate Addition 30,000,000 8,000,000 - - 22.000,000 FY 24 Gate 1 Federal Inspection Services Facility Modernization 30,000,000 7,000,000 6,000,000 3,000,000 9,000,000 5,000,000 Departures Terminal Program FY 24 (Consolidated Checkpoint 450,000,000 - - 230,000,000 109,000,000 111,000,000 Included FY 24 Airport Hotel 50,000,000 - - - - - - 50,000,000 FY 24 Closure of Runway 14/32 12,000,000 5,000,000 4,000,000 2,000,000 1.000,000 - FY 25 CONRAC Facility 200,000,000 - - - - 200,000,000 FY 25 Admin.Offices Consolidation 18,000,000 18.000,000 - FY 26 Intersection Improvements&LTW Exit 25,000,000 12,500,000 12,500,000 FY26 Fuel Farm 60,000,000 - - 60,000,000 Runway 5/23 Reconstruction FY 28 (Grading,Drainage and 23 End 45,000,000 10.000,000 10,000,000 - - 4,000,000 3,000,000 - - 18,000,000 - - Profile Improvements) GRAND TOTAL CIP: 920,000,000 15,000,000 10,000.000 15,000,000 6,000,000 3,000,000 8,000,000 5,000,000 270,500,000 109,000,000 156,000,000 212,500,000 110,000,000 Runway 5/23 Rehabilitation • Runway 5/23 Rehabilitation of Concrete Extensions • Completed in two phases • Estimated cost of construction is $40 million for both phases of construction ---� • Phase 1 (R/W 23 end) completed Nov 2, 2023 • Phase 2 (R/W 5 end) completed October 31 , 2024 ' ' r • Runway 5/23 now back to 9,000' and fully :;-i. ; capable to accommodate all operations November 2024 TRANSFOOj" RM NOPFOLK AIPPOPT AUTHOPITY 0 THE FUTURE OF ORF MovingWalkways • Realigned placement into a r tk split system on the sides of „a the pedestrian bridge • Anticipated construction is Aug 24 — Feb 25 • BIL ATP funds will pay for 80% of the construction costsAIRPORTS . _ . • Cost: $2.5Mej • November 124 TPANSF AM NOPFOLK AIPPOPTO. Interior Wayfinding F- __ _____ ______ - I I - i • Design Complete . . P May `24 okRentalGarages A . rs Ground Transport • Bidding — Summer `24Exft to.Bag Claim • Estimated Cost: $3.OM q G Taxi (' Ride App , Gates B16—B30 UNITED ALLEGIANT SPIRIT DELTA FRONTIER BREEZE �w � 1 ►( �Ss'fisr•yafi.f��' 1L• T,,peface Trace Gothic S;mt,nlogy.Custom symbols set(,wM modified accessible symbol to match a more standard look) �.� POP— + iiii New Park and Wait Lot • 80-space Park & Wait lot • Cost: $1 .2 M ,.., .. { • Construction started Feb '24 r .. p,Y • Completion Dec `24 November 1 O. . .O. O. Alpha Expansion • 3 Holdrooms / Gates / New Restrooms / Pet Relief Area • Estimated cost: $25M • Groundbreaking June 10, 2024 • Completion December `25 ,1 Pet- November 2024 TRANSFORM NORFOLK AIRPORT AUTHORITY 31 THE FUTURE r ` z . ter,.:-• ..4,_. - R.. OF ORF 0 CBP International Arrivals Facility • Estimated cost: $25M • $3.OM Congressionally Directed Spending (CDS) • $6.OM BIL ATP grant received • Groundbreaking June 10, 2024 t • Completion December `25 " y► November 1 . TRANSF .)RM NORFOLK AIRPORTAUTHORITY Airport Hotel • Courtyard by Marriott • 165 rooms • Rooftop Bar • Cover connection to terminal — - - • Fully financed , designed , and �. "--- - constructed by third-party a 1 . o0. - developer IL 1; •- A • Groundbreaking Winter 24 """ • Completion Spring `26 November 124 TRANSF )RM NOPFOLK AIPPOPT • • : HE FUTURE OF . . Main Entrance Intersection Improvements • Realign and improve the intersection at the , , " •�= --�-- main entrance to the airport • Creates a new four-way lighted intersection �.w 'xCu S` 7, • Realigns access from Robinhood Road � • Enables the new Consolidated Rental Car ___ facility � ,►�F • Award $ 14.7M in BIL ATP funds • Construction to start Summer '25I F i November A 2024 TRANSFORM NOPFOLK • • • • 1 • • THE FUTURE OF OPF Consolidated Rental Car Facility • Consolidates all rental car operations into a4' single facility ^ *4 • Includes a QTA reducing the need to take cars off airport for servicing 'h J i 4 � , , ^��, � November • Y 2024 NOPFOLK • • • • • • • • Terminal Development _ � = • Project Scope: 1 . Linear Ticket Lobby wM 2. Consolidated Checked Bag Inspection 3. Expanded Baggage Make-up Area 4. New Shipping and Receiving Area 5. Consolidated TSA Checkpoint • CMaR under contract Summer `25 • Construction start Summer of 26 - ,- a-- • Construction complete end of `28 „x M{ F� moil r AAA r on VON A y Y S 5 3 r: x November 2024 TRANSFORM rj NORFOLK AIRPORT AUTHORITY 7 THE FUTURE OF OPF r R ,� - �/► � :. �� . �--`\ � �,�-� �.c� � _.sue f Pedestrian Bridge between Rental Car Facility and Arrivals .--. . . TRANSF��RM HOMC III `p^(J1� CONCOURSC A MOVING WALKWAYS 1i 1 :P ail MOTEL .�f ; •� IMTE RNATIO NAL RUNWAY REHAB .�.� �.`i V '� SUM.,.�-�..i.ew�pwrgp wW nrgort+mt arvaVncmrNsdNMrM ro>our Transform ORF Website Website provides updates on the terminal and ongoing projects Video found at www.TransformORF.com mb• 11 - i III tVEKIT CAR RENTAL OM APPROACH 7� November 2024 TRANSFr�RM �� NORFOLK AIRPORT AUTHORITY F t1 T U R E O F O R F e r. �T 6 !� y t t _0000 �'�„�. 'b: �'a �1• '.. `mow, "'� � `^4:; ... � e i10000- i � 0 I00 0100 s > 3 CITY COUNCILS BRIEFINGS VIRGINL4 BEACH CITY PUBLIC SCHOOLS(VBCPS)REVERSION FUNDING ITEM#7629 7 1:21 P.M. Mayor Dyer welcomed Crystal Pate, Chief Financial Of)`icer — VBCPS. Ms. Pate expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Ms. Pate for the presentation. November 12, 2024 AinG1N,I A BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE . FY 2023/24 Reversion and R Shar'ing Reconc *i1 *iat 'ion City Council Formal Session Meeting November 12, 2024 Office of Budget Development v I �,3 1 N , A L E A C H i i Y P 'v B ; C S C H O O L S Breakdown of Reversion Funds 2 De§giipfion q- 1 liL,_..,��mount . . . . School Operating fund reversion* $16,423,541 the School Operating budget Unexpended debt service $5,3271022 Federal revenue over budget $81671,589 State revenue over budget $3,330,989 Sales tax under budget $(41900,117) Other revenues over budget $21618,297 Athletics fund reversion $176,939 Green Run Collegiate fund reversion $45,364 Total FY 2023/24 Reversion Funds $31,6931624 * Excludes debt service and revenues over/under budget Revenue SharingFormula True- up • Per the Revenue Sharing Formula, if actual local tax revenues exceed the budgeted local tax revenues, the School Board may request that such funds be appropriated at the same time as the appropriation of reversion funds • FY 2023/24 city revenues underperformed the budget • The Revenue Sharing Formula true up is $(1,162,099) ✓ : r< v iV i /-\ b � A __ " C I T Y P U B L I C S C H O O L S _--- _-----_---------- ---. _._._ ---- Net Available for Reappropriation 4 J�scriiptiio Total FY 2023/24 Reversion Funds $31,693,624 FY 2023/24 City Revenue Sharing Formula True-Up $(11162,099) Net Available for Reappropriation $301531,525 -< v a � t o �_ r+ C I T Y P U B L I C S C H O O L S Proposed Spending Plan D - . . " ' Balance Amount available for reappropriation $30,531,525 Capital Improvement Program $10,031,525 $20,500,000 PAYGO funding to replace authorized, but unissued PFRB ($5,327,022) PAYGO funding for project 1-020 Renovations and Replacements - Various Phase III ($1,500,000) PAYGO funding for project 1-030 Payroll System Replacement ($3,204,503) School Reserve fund for use in the FY 2025/26 CIP $10,500,000 $10,000,000 Health Insurance Fund $10,000,000 $0 r P U B L I C S C H O O L S Questions or Discussion � A 4 CITY COUNCILS BRIEFINGS EMERGENCY MEDICAL SERVICES(EMS)AMBULANCE FLEET NEEDS ITEM#76298 1:38 P.M. Mayor Dyer welcomed Jason Stroud, Chief,EMS. Chief Stroud expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Chief Stroud for the presentation. November 12, 2024 ; v y r Virginia Beach Emergency Medical Services Ambulance Fleet Issue & Opportunity CITY OF VIRGINIA BEACH Overview • Provide background information related to the ambulance fleet used to serve the city. • Discuss ongoing challenges related to fleet availability. • Present opportunity to expand the ambulance fleet for Council's consideration. • Provide any additional information or answer questions as needed. Background • The ambulance fleet is owned by the independent volunteer rescue squads. • All operational members of EMS utilize all ambulances, regardless of station affiliation. • Ambulances are often `borrowed' from station to station and used to respond throughout the city. • There are now fewer ambulances being used to respond to more calls-for- service. Challenges • The current fleet size is too small for current, and future, staffing needs. • The cost for an ambulance has increased 30-40% in the last several years. • Ambulances are accruing `hard' miles faster than ever; more issues with wear and tear. • Many repair needs require ambulance to be sent back to dealers and/or have extended waits for parts. • Not uncommon for more than 1 /3 of the fleet to be out-of-service at any one time. Opportunity • The volume of ambulances out-of-service on recent occasions has resulted in not having enough ambulances for staffing needs. • Staff have identified five (5) `stock' ambulances available through two (2) local dealers. • The total cost to purchase the ambulances is $1 ,710,000; an additional $825,000 is needed to outfit them. • Ambulances can be available in 90-120 days and both chassis styles are in use in the fleet. • The rescue squads do not have the financial capacity to purchase these. Request for Consideration • The Department of EMS and Rescue Council are requesting Council's consideration to provide $2,535,000 to obtain and equip these five (5) ambulances. • $1 ,710,000 for the interest-free loans to four (4) rescue squads. • $825,000 to EMS budget for required equipment • Includes funds to be provided to four (4) rescue squads in the form of `interest free loans' for them to procure ambulances directly. • Terms of loan to include provisions for forgiveness if no new source of revenue is identified. • Urgent consideration is sought to avoid loss of opportunity. Next Steps • City Council consideration of ordinance at tonight's formal meeting. • EMS to notify ambulance dealers of result and issue letter of intent if approved. • EMS will work with city staff and rescue squads to facilitate disbursement. • Ideally, these five (5) additional ambulances could be in service -120 days from approval. Questions ? S CITY COUNCILS BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP)RETREAT PRE-BRIEFING(PARKS AND RECREATION) ITEM#76299 1:51 P.M. Mayor Dyer welcomed Chad Morris, Planning Design and Development Administrator, Parks and Recreation. Mr. Morris expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. Morris for the presentation. November 12, 2024 k � . � C ._.. T w w y - a Parks and Recreation CIP City Council Retreat Pre-Briefing Chad Morris, Planning, Design & Development Administrator November 12, 2024 CIP Section Overview • FY 2024-25 Adopted CIP - 30 projects totaling $353.5 million, including appropriations to date • Funding Sources: • General Fund • Outdoor Initiative Dedication • Open Space Dedication • Open Space and Agricultural Reserve Program* • Parks and Recreation Special Revenue Fund • Tourism & Investment Program (TIP) Fund • Fee Revenue 9 ', ,' i ,r i; • American Rescue Plan Act (ARPA) - Federal Grant .• Federal Grant and General Fund MAN • State Grant • State Grant and General Fund * Included in FY25-FY30 CIP to offset revenue reduction for 2 real estate tax reduction lot Project Number/Name District Ye Status'� _ ATD. x FY26 FY27-30 Total BTC Origin 100040: Bikeways/Trails Repairs & Citywide - Const. 3,424,279 280,000 1,120,000 4,824,279 2,520,000 Renovations 100663: Little Island Park Pier Repairs 2 FY24 Design 1,200,000 - - 1,200,000 500,000 100632: Park Infrastructure Replace & Citywide FY23 Design/ 9,380,000 4,000,000 16,000,000 29,380,000 Underdeveloped Park Improvements Const. 100393: Sports plex/Field Hockey Natl 2 FY10 Const. 12,862,173 726,135 2,904,540 16,492,848 Training Ctr Rep/Renovations 100664: Virginia Beach 5/31 2 FY23 Const. 14,000,000 - - 14,000,000 Memorial Total: - - - 40,866,452 5,006,135 20,024,540 65,897,127 3,020,000 Project Number/Name District Status ATD FY26 FY27-30 Total 100023: Athletic Fields Lighting & Renovations Citywide Const. 3,702,277 275,000 1,100,000 5,077,277 - 100198: Greenways, Scenic Waterways, & Natural Citywide Const. 3,475,000 250,000 1,000,000 4,725,000 Area 100299: Park Playground Renovations Citywide Const. 8,117,587 907,725 4,179,316 13,204,628 - 100320: Parks & Special Use Facilities Citywide Design/ 22 555,001 2,100,000 8,950,000 33,605,001 - Development & Renovations Const. 100413: Tennis Court Renovations Citywide Const. 3,675,000 300,000 1,200,000 5,175,000 - Total: - - 41,524,865 3,832,725 16,429,316 61,786,906 - Open Space Dedication Projects � / e District Origin Status � ATD � FY26 FY `Tota BTC 100641: Open Space Acquisition Citywide - Acquison 7,500,000 2,500,000 10,000,000 20,000,000 - 100289: Open Space Park VB Infrastructure Development & Citywide - Const. 18,171,100 - - 18,171,100 - Maintenance 100684: Seatack Park 6 FY25 Design 3,000,000 - - 3,000,000 - Improvements Total: - - - 28,671,100 2,500,000 10,000,000 41,171,100 - Open Space and Agricultural Reserve Program Project Project Number/Name District Status ATD FY26 FY27-30 Total BTC 100119: City Bikeways & Trails Plan Citywide Const. 4,982,978 1,000,000 4,000,000 9,982,978 - Implementation Total: - - 4,982,978 1,000,000 4,000,000 9,982,978 - Project Number/Name District tatus =ATD FY26 FY27-30 Total.:. BTC Year o Origin 100127: Community Recreation Citywide - Const. 26,087,768 2,000,000 8,000,000 36,087,768 6 ,000,000 Parks and Recreation Special Revenue Fund Projects Centers Repairs & Renovations 100661: Recreation Center Citywide FY24 Design 4,000,000 - 10,000,000 14,000,000 of0,000 Modernization *Includes modernizing Bayside, Great Neck, and Princess Anne Recreation Centers only. Seatack not included. Total: - - - 30,087,768 2,000,000 18,000,000 50,087,768 71,000,000 Tourism Investment Program (TIP) Fund Project Pro ect Number Name District Status ATD FYZ6 FY27-30 ota Yea r of a Origin 100667: Rudee Loop Park 5 FY25 Design 10,000,000 50,000,000 - 60,000,000 - Total: - - - 10,000,000 50,000,000 - 60,000,000 - Year b Project Number/NameDistrict Status . ! ATD 5 FY26 FY27-30 Total BTC y Fee Revenue Generated Projects Origin 100194: Golf Courses Contractual Obligations Citywide - Co 191 9 w w0 120,000 480,000 2,280,000 - 100256: Lynnhaven Boat Ramp & Beach Facility Repairs & Renovations 9 - Const. 662,221 50,000 200,000 912,221 - 100402: Stumpy Lake Golf Course Contractual 7 - Const. 404,503 27,000 108,000 539,503 - Obligation Total: - - - 2,746,724 197,000 788,000 3,731,724 - Year of Project Number/Name District Status ATD FY26 FY27-30 Total ni American Rescue Plan Act Projects Origin 100607: Little Island Park Parking Lot 2 FY23 Const. 1,550,000 - - 1,550,000 - Improvements 10 100587: Neighborhood Parks Citywide FY22 Const. 16,775,000 - - 16,775,000 - Maintenance Total: - - - 18,325,000 - - 18,325,000 - Federal Grant Funded Project A Project Number/Name District , Status ATD Y2 'FY27-30 Tota ' BTC rigin ` 100644: Virginia Beach Trail* 4 FY15 Design 19,550,000 - - 19,550,000 62,500,000 Total: - - - 19,550,000 - - 19,550,000 62,500,000 *Project • - • with $15.7 million - • - • 1 111 in Federal Grant and General Fund Projects Project Number/Name �District Year of Status ATD FY2 . ,., FY27-30 Total BT Origin 100190: FoxFire Trail Pedestrian Bridge 2 FY19 Const. 2,615,397 - - 2,615,397 - 100415: Thalia Creek Greenway 4 FY13 Const. 3,400,157 - - 3,400,157 - 100559: Three Oaks Elementary Multi-Use 2 FY22 Const. 740,901 - - 740,901 - Path 100558: Violet Bank Trail 1 FY22 Design 1,600,000 - - 1,600,000 - 12 VS State Grant Funded Projects Project Number�Name ' istrict Year of Status ATD � � FY26 � �fY27-30 Total � BTC 13 Origin 100638: Owl Creek Boat Ramp Improvements 6 FY23 Design 3,993,000 - - 3,993,000 - 100637: Pungo Ferry Landing Park Improvements 2 FY23 Design 2,585,625 - 2,585,625 - State Grant and General Fund • roject Year of ` *$7 million supported through a state contribution Project Number�Name District Origin Status ATD 'fY27-30 Total � x BTC 100511: Southern Rivers Watershed Site 2 FY21 Acquisition 8,000,000 - 8,000,000 - Acquisition Program - million General Fund support Local Project Numbers am , w unding ou 'ce ATD TC 100119: City Bikeways &Trails Plan Open Space Initiative and 4,982,978 1,000,000 4,000,000 9,982,978 - Implementation II Agricultural Reserve Program 100663: Little Island Park Pier Repairs General Fund 1,200,000 - - 1,200,000 500,000 100632: Park Infrastructure Replacement & General Fund 9,380,000 4,000,000 16,000,000 29,380,000 - Underdeveloped Parks 100661: Recreation Center Modernization P&R Special Revenue Fund 4,000,000 - 10,000,000 14,000,000 65,000,000 100667: Rudee Loop Park TIP Fund 10,000,000 50,000,000 - 60,000,000 - 100641: Open Space Acquisition Open Space Fund 7,500,000 2,500,000 10,000,000 20,000,000 - 100684: Seatack Park Improvements Open Space Fund 3,000,000 - - 3,000,000 - 100511: Southern Rivers Watershed Site General Fund (Portion) 1,000,000 - - 1,000,000 - Acquisition Program Total: 48,062,978 57,500,000 40,000,000 145,562,978 65,500,000 100119 : City Bikeways & Trails Plan Implementation II Project Description: °x ,A . a. . This project funds the construction of improvements to the active mobility network identified in the City Active Transportation Plan approved in February 2021 and the Virginia Beach Outdoors Plan. Programs include the design and construction of improvements to major `Ft pedestrian and bikewayroutes to support safety, transportation, and receation such aspmulti-use paths, bike lanes, buffered side paths, separated facilities striped ed Y signs shoulders, safety si and supporting infrastructure. pp g Status: Design/Construction Funding Source: Open Space Initiative and Agricultural r. Reserve Program `� Council District: Citywide 16 100663 : Little Island Park Pier Repairs Project Description: This project funds the capital repairs needed to extend the useful life of the pier for another 15 years and to continue normal visitor capacities and load on the structure. The emergency action repairs to address severe deterioration " . of railing, deck and post structures on the walkway and main pier were recommended after a condition assessment was conducted by Moffat Nichol in 2022. Rehab of the pier was 2006. Status: Design Funding Source: General Fund 400 J Council District: 2 17 VS 100632 : Park Infrastructure Replacement & Underdeveloped Park Improvements Project Description: "1 et This project funds the design, construction and replacement of existing arks and recreation capital a7s lit �i1 y I replacement backlog as well as implementing improvements and additions to underdeveloped park sites per the Parks Needs Assessment & Development - Strategy which will be completed in January 2025. Status: Design/Construction Funding Source: General Fund Council District: Citywide 18 `j 100661 : Recreation Center Modernization Project Description: This project funds the design and construction to renovate and pot entialiv expand the City s recreation centers. Improvements include additional flexible program space, as well as expanding the aquatics area, rearran ing existing interior spaces, and developing an indoor traCK with fitness/cardio space within an w upper-level mezzanine space where applicable and determined feasible from the 2020 Recreation Centers Modernization Study. The study recommends that the Great Neck Recreation N Center is renovated first based on existing facility condition. ffi Status: Public engagement to begin in spring/summer 2025 Funding Source: P&R Special Revenue Fund Council District: 8,9 & 5 19 100667 : Rudee Loop Park Project Description: This project funds the planning, design, and construction of approx. 8-acre assemblage of property located adjacent to Rudee Inlet into a vibrant and iconic park destination. In 41=7- addition to the park space, a parking garage structure may be incorporated into the project and will be explored ` during the concept planning phase. Status: Public engagement and conceptual planning y Funding Source: TIP Fund s I,a Council District: 5 4 20 a 'e 7 100641 : O en Space Acquisition p Project Description: This project provides funds for the acquisition and associated cost for real estate planned for preservation or future o .. .•► : improvement for recreational purposes. Acquired sites may — -"m!� ' remain natural areas or preserve floodplains, act as stormwater -_ fi management facilities, or be improved and used as parks and active recreation facilities, trails, public waterway access sites, ?' or other recreational purposes. Appropriations in this project Y , will be used to acquire open space sites as directed by City Council Status: Acquisition x. Funding Source: Open Space Fund Council District: Citywide 21 .,. 100684 : Seatack Park Improvements Project Description: This project funds improvements to Seatack park including a 50-space parking lot, restrooms, playground replacements, shelters, and other park amenities. � , Status: Public engagement and conceptual planning _ ---= Funding Source: Open Space Fund Council District: 6 22 Rivers Watershed Site Acquisition100511 .• Southern Program Project Description: This project funds the acquisition and associated due diligence costs for real estate planned for preservation or future public purposes including stormwater handling, watershed protection, and recreation. Acquired sites may remain natural areas or preserve flood plains, act as stormwater management facilities, be conserved/preserved for tree canopy and protection of natural resources or be improved and used as passive recreation facility. Status: Acquisition Funding Source: General Fund (Portion) Council District: 2 23 ',„ ramme ProgF Existing Projects I BTC Funding 100663: Little Island Park Pier Repairs 1.2M 5M � 100661: Recreation Center Modernization 14.OM 65Mw� 100644: Virginia Beach Trail 19.55M 62.5M 100040: Bikeway/Trail Renovation & Repairs 4.8 M 2.5 M Total 39.55M 130.5 Requested -= New Projects BTC Funding FY26-PAR-001 New Parks Development 30M 20MF FY26-PAR-002 ITA Athletic Village and Preservation Area 12M 150M Plan Implementation FY26-PAR-003 Open Space Acquired Park Development 30M 30Mw Total 72M Parks and Recreation Section Challenges • Replacement of existing infrastructure within funding availability and by priority • Pressure to build undeveloped park Y spaces/implement Park Needs Assessment & Development Strategy Inability to reinvest in existing parks to keep up with recreational trends • Funding for the very large Parks and Recreation initiatives (VB Trail, ITA Plan Implementation, 1. etc.) 25 VB Thank You Questions? VBCITY & VIRCIL _� BEACH 6 CITY COUNCILS BRIEFINGS SOMETHING IN THE WATER UPDATE ITEM#76300 2:41 P.M. Mayor Dyer welcomed Nancy Helman,Director—Convention and Visitors Bureau. Ms.Helman expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Helman for the presentation. City Council took a short break from 3:19 P.M. —3:26 P.M. November 12, 2024 `t 77" t 9� Somethingin the Water 2025 - Update City Council Briefing Nancy Helman November 12, 2024 Presentation Overview • Something in the Water FY24-25Timeline • Current Status • Council Discussion on Next Steps : • Allow staff to work beyond desired execution date. • Request staff to provide alternative programming. Something in the Water 2025 • September 13, 2024 SITW event postponement. a, Y e SITW presentation to City Council October 8, 2024 by Robby Wells, Executive Producer. • Meetings progressed with Festival Production and City. Leadershipto discuss contract terms includingCouncil's desires in Resolution below for a spring event.. p g • Council Resolution October 15, 2024 • Highlights: • Increased collaboration with City Council and Staff. Announcement of line up and ticket sale prior December 31, 2024. Milestones and benchmarking. Council's desire to have Sponsorship Agreement executed by November 1, 2024. • Explore long term agreement. Current Status • April 26-27, 2025 event dates. Event is five months and two weeks away (days 165) • Planning, community engagement, public safety and event operations moving forward including multi- departmental team. • Contract Desired Execution Date was November 1, 2024. ,_. •N Agreement has not been executed . � y Discussion on Next, Steps • Options for Council Discussion • Staff to continue to work with SITW beyond communicated desired contract execution date. • Staff explore alternative programming for the weekend • Utilize City's Event and Entertainment Contractor ' . -"'mow:' �r; '.r+• � - • A ��L9 ..yR- ...�. .� �• .r . n �141W r. r ' t � • .l Ytf .� t :t-. APRIL 26=27 " 2025 _ 1 Q SOMETHING IN THE WATER WEEKEND 'f. Thank you 7 CITY COUNCIL DISCUSSION THE PROPOSED ITA PLAN ITEM#76301 3:26 P.M. Mayor Dyer welcomed Chad Morris, Planning Design and Development Administrator, Parks and Recreation. Mr. Morris expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr.Morris for the presentation and opened the discussion. Council Member Henley expressed she is hopeful this plan will be received positively with the Body all working on it together and referenced several letters emailed to the Body by various groups who expressed their support of the proposed Interfacility Traffic Area (ITA)Plan. Council Member Henley read portions of the letter sent by High School students who are appointed to various City Council Appointive Agencies and expressed it was powerful to see how the youth understand the impact the plan can have. Council Member Henley explained the proposed ITA Plan is an update to the existing one within the City's Comprehensive Plan and has been part of the Comprehensive Plan for thirty(30)years. Council Member Henley advised the request is to have this update included in the updated Comprehensive Plan which the Body will be receiving in the next couple of weeks and adopting sometime in January 2025. Council Member Henley advised in 2001, before there was an ITA Plan included in the Comprehensive Plan, an Athletic Village Policy Report was written after the City acquired the Lakeridge property and that provided the concept to use the land for recreational and residential use by creating an Athletic Village, Education Village and a Healthcare Village. In 2005, during the Base Realignment and Closure(BRAG) process, City Council adopted an Ordinance for a multi year agreement with the U. S.Navy that prevented any encroachment or incompatible development within the ITA area, including residential. In 2010, the Athletic Village Policy Report was updated to reflect the changes to remove residential use as required in the agreement and included in the Comprehensive Plan. Council Member Henley explained over the years the City acquired approximately 3,000 acres from the U. S. Navy and made additional updates that were incorporated into the 2016 Comprehensive Plan and is the version currently being updated. Council Member Henley explained the proposed ITA Plan is a land use plan, not a spending plan, and is provided to be included in the updated Comprehensive Plan. Council Member Henley emphasized this is an incredible opportunity as no other City has this much land in the center of the City and the proposed plan provides how it can be used that is compatible with the U.S. Navy and the Comprehensive Plan. Council Member Henley advised it not only benefits the residents, but it can also attract sports tourism and is why the Virginia Beach Hotel Association(VBHA)is in support because they know with all of the tournaments, visitors will need a place to stay. Council Member Henley advised the first step in implementing the plan is to conduct an economic feasibility study on all sports tourism and eco-tourism aspects of the plan including potential sports such as lacrosse, rugby, and cricket. Council Member Henley advised there is already compelling data of the economic impact the Sportsplex and Soccer Complex have and is economic development in its purest form. Council Member Henley further referenced a recent report on the City's tourism with a combined total of$336-Million in state and local tax revenue. Council Member Henley advised the only change will be to name it something other than Sports Center since that is already identified on 19'h Street. November 12, 2024 8 CITY COUNCIL DISCUSSION THE PROPOSED ITA PLAN ITEM#76301 (Continued) Mayor Dyer asked if there is flexibility for other types of land use in the proposed ITA Plan? City Manager Duhaney referenced page S of the presentation and advised the areas identified by#6 and #7 provide that flexibility. Council Member Remick asked if one of the boundaries in red could be moved south? City Manage Duhaney advised the Body can make any changes to the boundaries they would like. Council Member Henley advised the current ITA Plan includes approximately 260 acres for municipal services which is still included in the proposed plan and can be used for things such as a police training facility, ambulance storage or for a new solid waste facility which is considered and includes access for trucks coming in from Landstown Road. Council Member Ross-Hammond expressed her support for the plan. City Manager Duhaney provided clarification that if the Body moves forward with the proposed ITA Plan, it will not automatically be included in the updated Comprehensive Plan, the Body would instead be providing the Planning Director direction to include it as part of what will be considered by the public, the Planning Commission, and ultimately presented to the Body for consideration and adoption within the first quarter of the calendar next year. Council Member Henley advised the proposed ITA Plan will be a part of the overall discussion of the new Comprehensive Plan, which we're going to be considering next month. Council Member Schulman advised he supports the work that has been completed and supports the proposed ITA Plan to be part of the conversation with the Comprehensive Plan outreach as it goes forward. Council Member Schulman referenced the Parks and Recreation CIP presentation where the implementation for the ITA Plan project is estimated at $151-Million and acknowledged while it is not a fully vetted number and does not account for hopefully having private partners to participate in building, maintenance and operations, he believes an economic analysis feasibility study should be done to show the potential for sports tourism in the proposed area. Council Member Schulman believes the study would also provide economic impact information on hotels, dining and other types of spending that would be important to know. Council Member Schulman advised while the planting of the trees and the cross-country, seems like a no-brainer since the trees have to be planted anyway and the cross-country is basically terrain, he is concerned if the proposed ITA Plan is adopted and included in the Comprehensive Plan, what kind of expectation the community will have since he has been hearing more and more that people view the Comprehensive Plan as more than just a guidance document. Council Member Schulman explained the Body has been accused of diverting from some aspects of the Comprehensive Plan on some the things that have come before the Body and does not want to have this Plan adopted and included in the Comprehensive Plan and then that somehow gets translated into the City is for sure going to build this out using public money, especially since $14- Million was spent on the Sportsplex and Soccer Complex, and the City has other needs. November 12, 2024 9 CITY COUNCIL DISCUSSION. THE PROPOSED ITA PLAN ITEM#76301 (Continued) Council Member Schulman advised Parks and Recreation provided information on the City's underserved communities, the need to update Recreation Centers coupled with the storm water and road projects coming in at two-and-a-half times their budget. Council Member Schulman also shared his concern that Economic Development needs to be included in this to avoid land use conflicts since the proposed championship baseball facility is in Innovation Park, in an area he believes to be called SEGA 4. Council Member Berlucchi advised half of City Council has spent at least the last six(6) months on their campaigns and expressed the need to have more time to fully understand and contemplate what the broad community needs are and how the ITA plays a role in fulfilling those needs. Council Member Berlucchi advised he does not feel comfortable at this point making any particular recommendation for the reasons that Council Member Schulman articulated, and also believes more and more people interpret the Comprehensive Plan as a rigid document and not as a guiding document. Council Member Berlucchi advised he needs more time to contemplate this plan, contemplate the broad portfolio of municipal community,private sector, and recreational needs that the community is facing. Council Member Remick expressed concerns for funding the Plan and referenced the map on page S of the presentation, explaining he does not understand the boundary in Innovation Park where Hudome Way is cut off and believes Hudome Way will be wasted. Council Member Remick suggested using the street for municipal services and other uses rather than extending Landstown Road at a very high cost. Council Member Remick advised he cannot support including the proposed ITA Plan in the Comprehensive Plan until the Planning Commission and public provides feedback on the Comprehensive Plan. Council Member Remick acknowledged that some groups have provided feedback to the Body, but he is aware of others who have not. Council Member Remick advised he agrees with the proposed Plan going forward to be discussed but would like to see flexibility with the boundary to expand Innovation Park to the south in order to take advantage of Hudome Way, as it was an expensive road the City invested in and can be maximized. Council Member Henley advised the ITA Plan is already part of the Comprehensive Plan and will be reviewed in its entirety during the Comprehensive Plan Update process, the Planning Commission will review it and provide recommendations which will be forwarded to the Body to be vetted and adopted. Mayor Dyer asked for the timeline for updating the Comprehensive Plan. City Manager Duhaney advised City Council will take action at the beginning of next year, between January and March. November 12, 2024 ITA Master Plan Follow Up City Council Discussion November 12, 2024 CITY OF VIRGINIA ,•�,� BEACH Post Presentation Items • Look into short term/low-cost opportunities 2 • Plant trees on fringes of Athletic Village West where they will not 1 conflict with future development/Design and construct 5K practice course at PAAC/Design disc golf course • Activate and maintain/improve "ad hoc" temporary cross-country trails at Athletic Village East • Conduct an economic/feasibility study on all sports tourism and 3 ecotourism aspects of the master plan Key • Submit a FY26 CIP request for ITA Implementation 1. Athletic h Village West • Request of $2M/yr. to assist with development of the ITA 4 2. Athletic Athletic Villages and Passive Recreation Areas Village East F► 3. Passive • Further implementation would require much more funding, Recreation however, will deliver greater community benefits South Part 1 4. Passive • Consider adopting the P&R ITA Master Plan as an Recreation : South Part 2 update to the 2017 ITA Plan and 2040 Comprehensive Plan • Multiple City Council appointed committees have sent letters of VB ITA PLAN COUNCIL DISCUSSION 1 2 recommendation to formally adopt the updated ITA Plan 4 6" a. K , ITA Master Plan Update City Council Briefing Chad Morris, PLA Parks and Recreation, Planning, Design & Development Administrator October 1st, 2024 "The City Manager shall provide a report to City Council by October 1, 2024, using the Interfacility Traffic Area and Vicinity Master Plan as the guide, that shall include an implementation 05/07/2024 plan and estimated costs to develop the ITA and Vicinity in terms of recreational uses, to enhance the existing Princess Budget Anne Commons recreation area, and to preserve the natural Reconciliation areas designated in the Plan. Subsequent implementation can occur as existing funds are identified and available." Letter L 54� •+^ _ y ITA PLAN UPDATE 4 VB 2017 ITA Plan Summary The 2017 ITA Master Plan identifies eight initiative areas: 4 , 1. Historic Princess Anne Center 2. Municipal Center 3. Bio-Tech Park (Innovation Park) p� 6. City Municipal Services Facilities 7. Agricultural Production 8. North Landing Park ITA PLAN UPDATE 5 ` a #4 Sports Center Area Athletic Village) • Ideal place to create a major active sports center, ry axr. building on the existing athletic facilities that are there • With construction of Landstown Road, access to additional large flat land areas will enable the City to build more athletic fields and specialized facilities - - ' • Tremendous demand for baseball, softball, soccer - -- - --- and football fields • Southeastern Expressway alignment should be protected. Temporary uses including parking and access drives may be considered ITA PLAN UPDATE1 6 VB #5 Preservation and Passive Recreation Area • Opportunities for recreation, exploration, and : education are abundant . Y _ .` • Canoeing, kayaking, fishing, hiking and bird watching 4;are all supported r • Would also be accessible to bicycles and other non- motorized vehicles • Alternate modes of travel would play a specific role in the transportation network • Wetland restoration and enhancement and increase in trees, shrubs, and herbaceous plant life to support an array of ecological, cultural, and =� recreational opportunities ITA PLAN UPDATE 7 VS Eas Destination for All v • Opportunity for highest quality ParksITAPlansports and recreation venues for . BeachVirginia Beach residents CouncilArea Districts 30_ • % hour drive max. for most - . Time - 20 Minute Drive Time 15 Minute residents Drive Time • Opportunity for championship ^ r �,, level sports tourism and ecotourism A ITA PLAN UPDATE� 8 V6 �i .zr tw iti� Master Planning Process • Determine master plan limits (May) . • Review existing plans and studies (June) • Identify and meet with various stakeholders/subject matter experts (June/July) • Work with ATAC, Open Space, TA/ITA and Green Ribbon Committee chairs (June-August) • Create use diagrams and draft preliminary concept plan (June/July) Aft 3 NORTH p,NDING N � 1 L' • Develop overall master plan and supporting � 1'gIV documents (August) • Create preliminary cost estimates (September) Complete master plan (October 1st) . • Present master plan to City Council (October - 1st ITA PLAN UPDATE 9 `IB 1NTaa FACILITY TaAVVIC Aa RA AND VICINITY Nt AITa1 PLAN' VLginia Bcwh,Virginia D a a w N D a 1 I D N A A a D C I A T a e J ` .ai•....... RIN AMERD i � € ^^•K„ a s INNOVATION PARK •. mTER.D SLOP-NT LEGEND INNOVATION PARK LIMBS EXISTINO STORI-ATER POND C�..S EXISTING BUIIDSIG CPU ESTO—ATER POND urxe�NETLANDS r PRESERVATSN!AREA ofVirginia Beach ,au•vaxar.wAx<x�w<i City ACTIVE TRANSPORTATION 1 VITjf,1f11B Beach ComponentThe Bikeways&Traits Comprehensive Master Plan a," e ` js Staff Stakeholder a En ement Visionin gg g ` Opportunities identified for Athletic PWNOM Village Area ATH Upgrade existing PAAC amenities/fields FOLLOWNC, Additional PAAC fields for local use , ;, Asphalt and soft trails (connectivity) ►• Additional tree canopy Additional stormwater BMP s .. ° s; Build upon what is already being used w Sports tourism opportunities Championship BMX track and course Championship disc golf course Championship baseball facility Collegiate level cross country facility (1K-10K) r r Championship pickleball facility Existing Farm Road ITA PLAN UPDATE 1 11 Staff Stakeholder Engagement/Visioning ( Opportunities identified for the • a Preservation Passive Recreation Area Mountain bike trails ° • Soft trails/hiking 1 1, ••. ,, , q _p. , Wildlife observation • , F, , ,. Conservation and preservation education M „•..... . .• ;-� �` r ; „ , Wooden boardwalks ,,•.• . :, Kayak launch/water access '. ' Additional tree canopy • Preserving natural stormwater function •'•'. '�. Preserving and showcasing natural and agricultural identity below the green line x aF 4 R p ' ng Farm Road `, a ' !! ITA PLAN UPDATE 12 VB Existing Assets . r u a w M > 4 d Existing BMX Jump Existing trails (both formal and informal)already being used by �/ ITA PLAN UPDATE� 13 `IB cyclists, runners and walkers CHAMPIONSHIP 18 HOLE CHAMPIONSHIP DISC GOLF PICKLE BALL FACILITY Master Plan COURSE 4SYNTHET C UPGRAD 1!1 P OUTDOOR COURTS CHAMPIONSHIP FIELDS BI COVERED COURTS BMX TRACK/TRAILS \ CLUBHOUSE AND G PUMP TRACK Z CHAMPIONSHIP coupTs tR r 1="•i BASEBALL/ SOFTBALL , FIELDS ] - , f11 P ` '..;? F CHAMPIONSHIP BASEBALL � FACILITY Kev DAM PA Commons NATURE _� ...�-../ µrt o .� '^E,. Athletic . • TRAILS1. Village !rr West COLLEGIATE LEVEL 470 Acres • PHASE 1 CROSS COUNTRY 5K PRACTICE CROSS \\ COURSES(1K-lOK) 2. Athletic • • COUNTRY COURSE H� +IPt:CA Preservation/Passive ENTRANCE '" East FOR TRAILS _ \ 1,K Recreation Area _ flf F'��' tf y L -enK3. Passive Recreation South J.130 Acres ,600 • • 4. Passive `i active • • • •ssive KAYAK LAUNCH \ Recreation . South recreation B RT HFH J( MOUNTAIN BIKE AND NATURE TRAILS n LEGEND T'� T STUDY EXTENTS NEW ROADS AS PER MTP �-I}M,xEw RESTROOM 2 HA R NEW PARKING HI PICNIC SHELTER ®�EKI STING WATE G-IS PRESERVED FORESTED AREA yl BOTTLE FILLING STATION p LL NATURE TRAILS PRIVATE PROPERTY �NIKING p WILDLIFE 0 MULTIUSE PATHS CITY RIGHT OF WAY III i�MOUNTAIN BIKING `fl •-. MOUNTAIN BIKIN/TRAILS E%ISTIND FIELDS JW SMALL GOAT LAUNCH OBSERVATION Z •®BM[TRAILS TRAIL CROSSING IKON-VEHICULAR) .DISHING AREAS ITA PLAN WETLAND BOARDWALK ®ROAD CROSSING WILDLIFE VIEWING AREA UPDATE • NEW ROADS G PARKING CULVERT OR BRIDGE 0 TREE PLANTING AREAS 2 CHAMPIONSHIP ♦— 18 HOLE 0 DISC GOLF.,,_, z COURSE As • • • ' • • • ' ' ;. . 4 /• ,. .. UPGRADED i • • • ' • • . • • CHAMPIONSHIP SYNTHETIC BMX TRACK/TRAILS FIELDS ' AA r • & PUMP TRACK =¢r q RESTROOM . • • • • • ' • • • • . ' • FBMXTRACKS 0 2 • NA BASEBALL/ • • • • D A M SOFTBALL • •FIELDS , " • • • RESTROOM �A • NATURE TRAILS I PJ' N, PRINCE55 ANNE FORESTED BMX �r • • • • • • • TRAILS - _ _ { + • 5EP00 EASEMENT vEP� PHASE i 5K PRACTICE CROSS CONNECTION TO COUNTRY COURSE PRESERVATION AREA N ` S � O W .�. LAND Athletic Village West Renderings v .y e 77 » Proposed bike path, ditch crossing and 5K practice course at PAAC .w� zl� ., n., x;. � ... war, �` ,v.A .M a:- ��� �� s� - �/� •../ \I r v., �-. Proposed two additional baseball/softball fields at PAAC with championship BMX g facility, SK practice course and other trails Proposed parking and entrance into new baseball/softball fields at PAAC IvB C .vIrGINw aEn h CHAMPIONSHIP • +� vreLveau6E PICKLE BALL � • FACILITY ' . r� 8 COVERED COURTS 1 VIRGMw�ALii IA CLUBHOUSE AND SPORfSPLEYY w CHAMPIONSHIP COURTS I1 21 OUTDOOR COURTS r FUfI '� CHAMPIONSHIP BASEBALL v PFELDS / FACILITY • • • • • . • • • • MAINTENANCE BUILDING S RESTROOM • • 6 LITTLE LEAGUE FIELDS `iFLn Ha'K°� 6 FULL-SIZE SYNTHETIC FIELDS >. FILLC'S CONCESSIONS 6 RESTROOM • z�I, . o o s COLLEGIATE LEVEL CROSS COUNTRY COURSES RAISED MOUNDS 2K -8K 1 • • . 1 • • • • • 5K IOK • W1K U 6K i �� � ��• - RESTROOM • • • • • • • • • • • • •�� STARTING LINE/SPECTATOR AREA MAINTENANCE BUILDING ExIs�NG 6EASEn '' • 1 • . • • PAPM • _ • Fxi5nNG LE,11n �\ FARM O --------------- Athletic Village East Renderings s Proposed cross country trail winding around the 4 baseball complex ry Proposed twelve field championship baseball complex, collegiate level cross country course to accommodate many course lengths with shared parking and amenities R � 1 Proposed cross country course with elevation changes behind baseball complex Preservation/ Passive Recreation South Part 1 • Site Data F • 450 Acres (north of Salem Road) • Proposed improvements • Parking and supporting infrastructure (restroom, shelters, etc.) off Salem r Road iF13 Separated mountain bike and nature trails • Connection to athletic village Indian River Park\ ~^ • Preservation, conservation and enhancement of existing tree canopy ITA PLAN UPDATE 1 19 SIB Preservation/ Passive Recreation South Part 2 Site Data • 680 Acres (south of Salem Road) • Proposed improvements • Water access off Indian River Road ' � I Separated mountain bike and + nature trails Elevated boardwalk trails through wetlands... COga • Preservation, conservation and enhancement of existing tree canopy ITA PLAN UPDATE 20 VB Connectivity and Tree PlantingrE Al • Trail goals : • V V Paved trails (4 miles) �` ►�,�. — , • Soft trails (32 miles): • Walking or running — 9 miles • Disc golf — 1 mile • Cross country — 10 miles • BMX - 3 miles ��, . • Mountain bike — 9 miles • Tree preservation and planting goals • Provide an additional 20 acres of new tree canopy • Tree preservation of over 90% • Live oak grove 100% preserved • Any trees removed will be mitigated on �= site ITA PLAN UPDATE 21 vB MIN, 4 PAAC turf field $8,500,000 Pickleball facility $18,000,000 Parking and $2,500,000 Water access $2,000,000 upgrades restroom 2 new PAAC $10,500,000 Baseball facility $49,500,000 Soft trails $3,300,000 Soft trails and $22,000,000 baseball/softball boardwalks fields 5K cross country $500,000 Cross country $6,000,000 Design $580,000 Design $2,400,000 practice course facility BMX facilities $12,000,000 I Access road $8,000,000 I Disc golf facility $1,500,000 I Other trails $1,500,000 I Other trails $800,000 ' Design $8,300,000 I I Design $3,500,000 • • 11 off • • 1 1 off • • : 1 1 1 1 • • 1 1 1 11 Funding Consideration • Assuming the full $161 million were to be bond financed, the estimated annual debt service payment will be around $16 million annually (not including annual operating and maintenance cost). • If desire is to utilize dedication capacity, annual support of this level would necessitate the redirection of not just dedication capacity above known obligations, but potentially scaling back. • For context, annual debt exceeds or is nearly 100% of following FY 2024-25 budgeted dedications: • Tourism Advertisement Program- $19 million • Open Space- $7.8 million • Agriculture Reserve Program- $7.1 million • Outdoor Initiative- $3.7 million ITA PLAN UPDATE 1 23 IIB Future Operations/Maintenance • Ongoing General Fund expenses as buildout of facilities expand for: • Disc golf, cross country, trails, PAAC and entire preservation/passive recreation areas 1 and 2 • Minimal or no maintenance for (privately operated t- = a r •'s - -; y facilities): >, , 4We r. s�ucee • BMX facility, baseball complex, and ickleball facility p p Y � �y • Estimated operations/maintenance cost upon full 3- ` , ; A' ;. buildout is $900K/yr. which includes: Mead 'Manaq►e►ne'ntA e� ` • Three restrooms, cross country, PAAC baseball fields, disc golf course and preservation area trail head • Different trail types, and boardwalk costs were developed on a per mile cost to maintain (36 miles) ITA PLAN UPDATE 24 VIS Sports Tourism ( Baseball • Baseball facility: _, - • Victus study completed with financial and economic feasibility • Potential usage depends on operating model and type of fields &Obethtown Sports Park Kentucky Exclusive Operator Model: Non-Exclusive Operator Model: • Features: 12 turf baseball fields with lights, adaptable for both • Features: 9 turf baseball fields with lights, adaptable for both youth baseball and adult baseball youth baseball and adult baseball • The complex would also feature portable mounds and adjustable • The complex would also feature portable mounds and adjustable fencing to adapt to various age groups. fencing to adapt to various age groups • Usage: The operator would run its own programming including • Usage: A mix of local weekday use and weekend tournament camps, showcases, and tournaments, with a heavy emphasis on usage for baseball groups destination events • The operator would primarily rent out the facility to local, • 2-Day & 3-Day Tournaments— estimated 20 such tournaments regional, and national baseball event organizers per year, occurring in the fall, summer, and spring • Estimated 20 annual tournaments, primarily on the weekends or • Week-Long Tournaments—estimated eight (8) standard week- during holidays long tournaments during the summer • Spring Training—estimated that spring training camps for high ITA PLAN UPDATE 1 25 VB school and collegiate teams will be held each year in the spring Sports Tourism ( BMX and Pickleba,l,,l ....... • BMX facility: • Venue requirements: Approximately two-thirds of the 30 national events are hosted at USA BMX sanctioned tracks, while the rest are hosted in arenas, civic centers, expo halls and equestrian arenas. - . • Seating for at least 1,500 and preferably for 3,000; night lighting • USA BMX `- • UCI (Union Cycliste Internationale) BMX • Estimated number of participants: 800-2,000 Rock Hill South Carolin.M- L • Pickleball facility: , s= • Venue requirements: Events are held over seven days, at least 30 , pickleball courts and one "center court" with seating for 2,000, locker rooms, restrooms, pro player lounge, referee lounge and media room, internet and vendor and sponsor area • P PA • USAPA Daytona Beach Flor►da Pickleba _ • Estimated number of participants: 1,000-1,500 ITA PLAN UPDATE 26 VB Sports Tourism Disc Golf and Cross Country) • Disc golf facility: - O0 • In 2023, there were over 10,480 competitive events for professional and amateur players with six national and/or world championship events NO j% • Venue requirements: At least one 18-hole championship-caliber course, :.,t w. 4n Qo. ability to create two 9-hole loops, parking for 500 cars, satellite competition venues, additional meeting venues and a vendor marketplace • PDGA • Estimated number of participants: 300-800 • Cross country facility: ro Tour Disc Golf Course AL • Could be the home venue for local colleges and high schools and host other meets a n d races �� ASYM CR COUNTRY COURSE Iy1 ►INTSNOSS LINE • Other running and walking events at the oceanfront (which require road closures) could be transferred to this facility MA Venue requirements: Flexibility for running varying distances, 350' wide starting line, and other supporting infrastructure (restrooms, parking, tents, etc.) • NCAA USA Track & Field University of Iowa Cross Country • r TAP[nNu>Dnn ', 27 y,r • Estimated number of participants: 500-650 Ecotourism • Mountain bike trails: • Miles of mountain bike trails with various levels of �,: difficulty become attractive to out of town visitors and their families. • Soft trails: fi � -• Y ` • Miles of soft trails become the accessways to experience Marshview Park nature and the purposeful preservation of an Cake Ccvson/Lake Smith environmentally sensitive area special to Virginia Beach L • Water trails: i • Multiple water access points along the North Landing , ,a=° � " River create an amazing opportunity for visitors to spend extra day or two exploring on the water (ITA, future North Lancing Park, Pungo Ferry Landing Park, Munden Point Park) ridge ITA PLAN UPDATE 28 VB Plan Implementation • Short term/low cost • Plant trees on fringes of Athletic Village West where they will not conflict with future development (including disc golf/possibly construct course) • Design and construct 5K practice course at PAAC • Activate and maintain additional "ad hoc" temporary cross-country trails at Athletic Village East • Conduct an economic/feasibility study on all sports tourism and ecotourism aspects of the master plan (and other potential sports; lacrosse, rugby, cricket, etc.) • Medium term/moderate cost • Design and construct master plan "infrastructure" (access road with trail, minimal parking, and combined stormwater facilities) • Entertain partnerships and proposals from the private sector that align with the master plan and/or issue RFP for select amenities (baseball, BMX, pickleball) • Design preservation area(s), PAAC amenities, and cross country • Long term/higher cost • Build preservation area(s), PAAC amenities, and cross country • Build out rest of plan; trails and additional tree canopy • Master plan is a guide and is intended to be flexible for the build out of active and passive recreation needs TA PLAN UPDATE z9 VB Next Steps/Consid e rations • CIP retreat and FY26 budget discussion topic • Conduct a feasibility study/economic impact study • Public comment and feedback • Consideration for small incremental steps toward plan implementation (short term, medium term, long term, etc.) CH +' .-. *aim try Course Start/Finish Line ,TA PLAN UPDATE i 30 VB Questions and Discussion ail a CITY OF VIRGINIA .�.�..,,� B EAC H 10 CITY COUNCIL LIAISON REPORTS ITEM#76302 3:59 P.M. Council Member Rouse provided the following Liaison Reports: - The Active Transportation Advisory Committee (ATAQ will host the Holiday Bike Night Kick-Off on Thursday, November 21"from 5:30—8:00 P.M. at 2nd Street. - The Minority Business Council(MBC)held a graduation ceremony last weekfor small business owners who completed the Uplift Program and learned how grow its workforce and revenue. Council Member Rouse advised she attended with Senator Rouse and Mayor Dyer and commended the MBC Commissioners, staff and small business owners who are contributing to the City's economy Council Member Ross-Hammond advised she attended ABCs 2024 Conference and Expo and mentioned Ms. Precious Williams, CEO—Perfect Pitch Group, who was a special guest speaker. Council Member Ross-Hammond was pleased to see the event had a nice turnout. November 12, 2024 11 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76303 4:06 P.M. Council Member Rouse advised she recently visited Fire Station 18 and was provided a tour by Chief Pravetz who explained the Station's 40 year history and infrastructure needs, including more storage space for additional ambulances. Council Member Rouse advised it is a very active Fire Station due to their central location and was impressed to see the firefighters passion and professionalism. Council Member Rouse advised she also learned that it cost $35,000 to oust each firefighter and believes there will be more information provided during the upcoming CIP Retreat. November 12, 2024 12 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#76304 (Continued) Council Member Ross-Hammond provided the following updates: - Council Member Ross-Hammond advised she and Council Members Berlucchi and Remick recently attended Tim McCarthy's funeral service. Council Member Ross- Hammond expressed her appreciation for Mr. McCarthy's years of dedicated service and contributions to the City including his service on the Virginia Beach Community Development Corporation. - On Sunday, Council Member Ross-Hammond presented a Proclamation to Pastor Cullen from New Light Full Gospel Baptist Church. - Four signs for historic African-American neighborhoods are ready to be placed and presented. Council Member Ross-Hammond advised dedications are scheduled for the following neighborhoods and invited anyone interested to attend. o Beechwood on November 11h, 12:45 P.M., at Morning Star Baptist Church o Burton Station on November 20'h, 3:00 P.M., at Tranquility at the Lakes o New Light on November 241h, 12:30 P.M., at New Light Full Gospel Baptist Church o Queens City on December Is', 1:00 P.M., at Greater St. Andrews African Methodist Episcopal Church November 12, 2024 13 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76305 (Continued) Council Member Schulman advised he will host a District 9 Town Hall tomorrow from 6:30—8:00 P.M., at the Bayside Recreation Center and will cover traffic calming, micro-transit service, VB Connect and the Clean Community Commission has a presentation. November 12, 2024 14 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76306 (Continued) Vice Mayor Wilson advised there have been discussions on providing free parking at the Oceanfront to residents and visitors and requested City Manager Duhaney have his staff look at options to make it possible. Vice Mayor Wilson believes it will not only help increase revenues for business owners but will also benefit citizens in each district who may be more encouraged to go to the Oceanfront if they did not have to pay for parking. City Manager Duhaney advised he would have staff provide a presentation. November 12, 2024 15 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76307 (Continued) Council Member Remick advised last Thursday, Nancy Helman — Director, Convention and Visitor's Bureau presented the State of Tourism and the economic impact for the 2023 tourist season. Council Member Remick advised there were 14.1-Million visitors at the Resort Area, spending$2.5-Billion direct and$3.8-Million in-direct money and is most appreciative that it provides nearly 34,000 jobs for citizens throughout the City, as well as $336-Million in state and local taxes. Council Member Remick expressed his appreciation to everyone for supporting the Resort. November 12, 2024 16 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76308 (Continued) Mayor Dyer welcomed Council Members Elect Stacy Cummings and Calvern Jackson-Green, who were in attendance and advised they will attend orientation and the next few City Council Meetings, including Closed Sessions, to help them be better prepared when they begin their terms. November 12, 2024 17 CITY COUNCIL DISCUSSION/INITLITIVES/COMMENTS ITEM#76309 (Continued) Mayor Dyer advised, as most are aware, City Council breaks for the holidays during the last half of December which does not provide the time necessary for briefings the Body will need to have prior to the City Council Retreat. Mayor Dyer advised it is therefore necessary to hold a Special Formal Session on November 21, 2024, to provide presentations similar to the Workshop Sessions. November 12, 2024 18 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76310 (Continued) Mayor Dyer advised there was a great turn-out for the Veteran's Day Parade yesterday, expressing his pride and appreciation for the military presence in the City. November 12, 2024 19 AGENDA REVIEW SESSION ITEM#76311 4:10 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L. ORDINANCES/RESOLUTIONS 1. Resolution to DESIGNATE General Street in the New Light Community rein Memory of George L.Kimble(requested by the City Council) 2. Ordinance to AMEND Section 35-35 of the City Code re equalization of assessments(requested by the Board of Equalization) 3. Resolution to ADOPT the City's 2025 Legislative Agenda 4. Resolution to REQUEST the General Assembly Amend the City Charter re implement a ten-single member district election system 5. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by agreement or condemnation re the Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project, CIP 100050.009A 6. Ordinance to EXTEND the date for satisfying the conditions in the matter of Whitney W. Elliot re closure of one-half of an unimproved,unnamed alley adjacent to the rear of 218 55`h Street, Unit B 7. Ordinance to EXTEND the date for satisfying the conditions in the matter of Matthew E. Mancoll and Robin A. Mancoll re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 219 54'h Street 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned right-of-way known as Artic Avenue for Grill Virginia Beach, LLC at Atlantic Park re construct and maintain a patio,fixed railing,planter boxes,pergolaltrellis support posts and concrete footers DISTRICT 6 9. Ordinance to AUTHORIZE temporary encroachments into portions of City right-of-way known as 20`h Street for Mi Vida Virginia Beach,LLC, at Atlantic Park re construct and maintain a patio, railing,pergola,and support posts and concrete footers DISTRICT 6 10. Ordinance to AUTHORIZE temporary encroachments into a 100foot City-owned drainage easement and a 5-foot City-owned drainage and utility easement located at the rear of 5345 Fairfield Boulevard re construct and maintain a timber pier with an L Head and maintain an existing timber shed DISTRICT 1 11. Ordinance to ACCEPT and APPROPRIATE $451,360 from the Virginia Early Childhood Foundation and Old Dominion University Research Foundation to the FY 2024-25 Parks and Recreation Operating Budget re support programs focused on expanding access to preschool services November 12, 2024 20 AGENDA REVIEW SESSION ITEM#76311 (Continued) 12. Ordinance to ACCEPT and APPROPRIATE $322,515 from the Virginia Department of Behavioral Health and Development Services to the FY2024-25 Human Services Operating Budget re workforce initiatives 13. Ordinance to APPROPRIATE$2,535,000 from the Fund Balance of the General Fund re provide interest free loans to the volunteer rescue squad for the purchase of ambulances and equipment to outfit the ambulances 14. Ordinance to APPROPRIATE$43 0,659from the Technology Trust Fund to FY 2024-25 the Clerk of the Circuit Court Operating Budget re support technological related needs and upgrades 15. Ordinance to APPROPRIATE$31,410 in Private Dredging Revenue to the Capital Improvement Program Project#100550 "Shadowlawn Area Dredging II"re access basin dredging agreements L. ORDINANCES I RESOLUTIONS. COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEM#3 ITEM#4 WILL BE CONSIDERED SEPARATELY November 12, 2024 21 AGENDA REVIEW SESSION ITEM#76311 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: M. PLANNING 1. KEMPSVILLE CHRIS77AN CHURCH (AKA KEMPSVILLE CHURCH OF CHRIST)for a Modi cation of Conditions to a Conditional Use Permit re construct two (2) additions to the existing church building at 5424& 5432 Parliament Drive DISTRICT 1 2. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re The Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan,2014(Deferred from October 15, 2024) 3. Ordinance to AMEND Section 1501 of the City Zoning Ordinance (CZO)re eating and drinking establishments in the RT-1 Zoning District M.PLANNING ITEM: ITEM#2 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL November 12, 2024 22 ITEM#76312 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 3 • District 10 • District 9 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 November 12, 2024 23 ITEM#76312 (Continued) Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:49 P.M. 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 Break 4:49 P.M. — 4:59 P.M. Closed Session 4:59 P.M. — 5:46 P.M. November 12, 2024 24 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL NOVEMBER 12,2024 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, November 12, 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 STA TES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34"Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual 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. November 12, 2024 25 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. November 12, 2024 26 VI.F CERTIFICATION ITEM#76313 Upon motion Council Member Ross-Hammond, seconded by Council Member Rouse, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 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 November 12, 2024 gy1Nu+•B@q cyG -4 5 J UR OUR N'110M 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#76312 on Page 23 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Ama d ar es, M City erk November 12, 2024 27 ITEM— VII.G.1 MINUTES ITEM#76314 Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 1 S,2024 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 12, 2024 28 ITEM— VII.G.2 MINUTES ITEM#76315 Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the FORMAL SESSION of October 22,2024 Voting: I1 - 0 Council Members Voting Aye: Michael F Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 12, 2024 29 ITEM— VII.H.1 MAYOR'S PRESENTATIONS ITEM#76316 RESOLUTION IN RECOGNITION KELLAN GOOD,IAN ARNETT AND ROSS BENZEL On behalf of Mayor Dyer, Council Member Henley welcomed Kellan Good, Ian Arnett and Ross Benzel and read the Resolution formally honoring Kellen Good and Ian Arnett for their bravery and quick actions in saving a life and to Ross Benzel for his guidance and mentorship that transpired beyond the classroom and the wrestling mat. This Resolution is presented as a testament to their exceptional courage and commitment to the welfare of others. Mr. Benzel expressed his appreciation to City Council for this recognition and support, expressing Mr. Good and Mr. Arnet are the example for applying what they were taught, and he is very proud of their actions. November 12, 2024 B o� -r 0 ¢ O OF OUR RKno RESOLUTION WHEREAS:On Friday,September 6,2024,Kellam High School students,Kellen Good and Ian Arnett headed to Little Island Park in Sandbridge to take advantage of their day off from school.About an hour into surfing,they noticed a group onshore frantically waving to get their attention.In that moment they witnessed a man face down in the water;and WHEREAS: Without hesitation,Good and Arnett sprang into action,demonstrating courage and quick thinking. Good paddled to shore to ensure 911 had been dialed while Arnett pulled the man onto his surfboard,and WHEREAS:Arnett immediately used a CPR technique, taught by their teacher and wrestling coach Ross Benzel,allowing the man to cough up water and take a breath. Good joined Arnett back in the water to help bring the man to shore. Good grabbed hold of both surfboards as Arnett brought the man to higher ground;and WHEREAS:These two remarkable young men exhibited extraordinary bravery,selflessness,and teamwork during a life-threatening incident. Their prompt actions and quick thinking saved a man's life that day;and WHEREAS:Their actions not only reflect their outstanding character but also serve as an inspiring example to their peers and the entire community;and WHEREAS: While the City wants to recognize and celebrate their acts of heroism that contribute to the safety and well-being of others, it is also important to highlight their exceptional personal successes;and WHEREAS:Kellen Good is an Honor Roll student and member of the Kellam High School Varsity Wrestling and Golf teams.In 2022, Good received the Sportsmanship Award and the Highest GPA Award for wrestling. The following year he placed 3nd in the Region 6A Wrestling Tournament,earning the Most Improved Wrestler Award and his second Sportsmanship Award.At the end of the 2023-2024 season Good was presented with the Coaches Award. Good is active on the Student Council Association Executive Board,Kellam High School Captains Council,and as a 2024 Leadership Workshop delegate. Good shares his wrestling knowledge with the Kellam Mat Rats,a youth wrestling program. Good also dedicates his time to the West Neck Educators Club,St.Baldricks Foundation PAMS event and the Virginia Beach Little League;and WHEREAS.Ian Arnett an Honor Roll student,with a 4.1 GPA,has received seven "end of course"academic awards to include the Physical Education Department Award.As a member of the Kellam High School Varsity Wrestling,Arnett is a two-time All-State Wrestler and a two-time Regional Wrestling Champion.Arnett is a Wrestling Academic Award Winner and,as a sophomore,was named MVP of the Wrestling team.Arnett has earned notable recognitions on the Lacrosse and Golf teams as well.He is an active member of the National Honor Society and is a 2024 Leadership Workshop delegate.Arnett is also active in his community,serving over 300 volunteer hours mentoring Kellam Mat Rats and volunteering with the West Neck Educators Club the past four years;and WHEREAS:Ross Benzel graduated from Kellam High School in 2012 and attended Limestone University where he completed his bachelor's degree in 2016 Coach Ross Benzel returned to his alma mater and has been an invaluable mentor to students and young athletes,dedicating countless hours to their development both on and off the mat.His unwavering support,encouragement,and knowledge has instilled values such as teamwork,resilience,and sportsmanship in his students. We are incredibly grateful for his commitment to shaping the future of our students;and NOW, THEREFORE,BE IT RESOL VED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:That the Virginia Beach City Council formally honors Kellen Good and Ian Arnett for their bravery and quick actions in saving a life and to Ross Benzel for his guidance and mentorship that transpired beyond the classroom and the wrestling mat. This Resolution is presented as a testament to their exceptional courage and commitment to the welfare of others. Given by the Council of the City of Virginia Beach, Virginia the 12'day of November 2024 and present this Resolution duly signed by each Member of the Virgi ' Beac ity, uncil. P' ' Council Member Michael F Berlucchi Council Member Barbara M.hHee—y Council Member�uthto Council Member Robert W "Worth" Council Member Dr.Amelia Ross- C uncil ember Jennifer V ouse Remick Hammond , i Council Member Joashu .Schulman Council Membe4 Chris Taylor C ncil Member Sabrina D. Wooten A'.." Vice Mayor Rose#ary Wilson Mayor Robert AF"Bobb 'Dyer 30 ITEM— VII H.2 MAYOR'S PRESENTATIONS ITEM#76317 PROCLAMATION VIRGINL4 TASK FORCE 2 TO SUPPORT HURRICANE HELENE RESPONSE AND RECO VER Y EFFOR TS On behalf of Mayor Dyer, Council Member Hutcheson welcomed Fire Chief Ken Pravetz, Deputy Chief Vance Cooper, Assistant Chief Michael Brashear, Battalion Chief Michael Hopkins, Battalion Chief Michael Carter and Captain Craig Brown and read the Proclamation recognizing to the Virginia Task Force 2 to Support Hurricane Helene Response and Recovery Efforts. Council Member Hutcheson called upon all citizens and members within government agencies,public andprivate institutions, businesses, and schools in Virginia Beach to also be "neighbors helping neighbors"during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City. Chief Pravetz expressed his appreciation to City Council for this recognition and their continued support for the members of the Task Force who are an important asset for the City and County. Chief Pravetz advised during their response and recovery efforts, they assisted in evacuating and making contact with total of 4,100 people, checked 102,000 structures and 174,994 damaged structures, bridges, tunnels and access points. November 12, 2024 t so °F OUR NKt•°4' roe, - tfo %fiffw .9l-nwne 9hekne,a pou4fffuf Grtegory 4 hurricane,made landfaQ'on Sep tem6er27,2024,in the Big Bend region of Florida near 4'erry,bringing ma*tum sustained winds of 140 mph.After►packing peakwtensity,xekne wrakfudas it mouedinlandandtransitionedto a post-tropicalcyclone over Tennessee later on September 27.True storm staged then:before dussipating on September 29,•and %*MUx• In North G:ro&na,the storm causedcatastrophic damage,apeciaQy m the u^esternAppafachian region 9felene's remnants as a m p odstorm 6rought unpreadpntedravi/aQto touma such as AsheviQe,Swannanoa,Chimney Tgck 91(ontrrat,.andLakr Lure.The deluge fed to widespread fToo&ng as rivers 6mached their banks,inundating communities,destroying homes,acid damaging inf ustructure.Severaldamsuva breached andmudsGdes createdfurtherdestruction,with power, transportation,andcommurucation systems srgmfuantly dimTted'These storm tragicafly resultedin at feast 98 deaths,-and %Smas: 4rginia TaskTorce 2,a Type I Vbban Search andfgcue Team with 80 members,was deployed aheadofMurncane7felene along with 22 adifitionalpersonnelforincident Support across a ffwted states.InrtiaQy staged in Orlando,I'L,they were later reassigned to search and rescue missions in North Carolina's 94acheflCounty,northeast ofAsheviGe,•and '6{i eas: In five days,the team assessedaff7,684 structures in the county,assisted224 residents,evacuated 12 people needing urgent carp,anddertributedessentialsuppfu 9hey also wo*dwith the county's schodgstem to ensure the safety of every student andcfearedde6»s from roads anddriveuaays, helping restore community access,and 514aw 9fur wne Wilton,another pouwfulstorm,struckSiesta Key,AFL,on October 9,2024,as a Category 3 hurricane,causing sugnykant fToodng andt%genng a deadly tornado out6mk leafing to 32 fatafuies as of October 21.In advance of 9Kikon,Vrgunia Task Force 2 dispatchedan adIItional 17 person'Water 4irscue Team to Orlando,where they staged far seater rescue operations in(Pasco County,EL.The county f icedvvnsiw flooring with over afoot of rain,isolating numerous homes. The team worfrd non-stop for over 24 hour;evacuating nearfy 200 residents from fToodaffected areas in Basco County. Now,T6aefare 1,Wpbert x `Bobby'Dyer,9Kayorof the City of Virginia Beach,Virginia,do hereby proclaim• yI retogftitiem to tFteigatfa 7QSk,rFOft6 2 to Support 9fwTrrQru XeCLfiC ftTowe and ftm ery Effv t In 14roda&4 I calf upon the citizens and members within g&vtrnmew agencies,public and private institutions, 6usinesm,and schools in 4rginia Beach to also be`neighbors helping neighbors'during emergencies fvr the benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved City of Virginia Beach. In 40twss%faeof, I haiv hereunto set my hand and caused the Of'id d Seal of the City of 9,iirginia Beach, l4rgini;to be affixedthis Twelfth Day of November,Two 4riowandandTwenty-Tour. P,gbert X `Bobby'Dyer Mayor 31 ITEM— VII.H.3 MAYOR'S PRESENTATIONS ITEM#76318 PROCLAMATION CITY EMPLOYEES DEPLOYED TO SUPPORT HURRICANE HELENE RESPONSE AND RECO VERY EFFOR TS On behalf of Mayor Dyer, Council Member Hutcheson welcomed Chief Stroud, EMS, Joseph Varbero, Department of Emergency Management, Tran Van Kirk, Communications Office, Travis Smith, Police Department- deployed as a member of Hampton Roads Incident Management Team (HRIMT) and Rusty Blow, Captain EMS and read the Proclamation recognizing City Employees who deployed to support Hurricane Helene response and recovery efforts. Council Member Hutcheson called upon all citizens and members within government agencies,public andprivate institutions, businesses, and schools in Virginia Beach to also be "neighbors helping neighbors"during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City. Chief Stroud expressed his appreciation to City Council for their continued support and this recognition. Chief Stroud explained the night the storm went through the Washington County, in the southwest part of the state, a statewide call went out asking for anyone who could provide assistance and ambulances, and Virginia Beach was the only City who responded. Chief Stroud advised within two (2) hours, two (2) ambulances and a support vehicle were dispatched with responders who dropped everything for the next several days to help. Chief Stroud expressed his pride in the team and appreciation to City Manager Duhaney for his leadership, as well as his staff, who provided the approval and logistical support. November 12, 2024 so,Cvy6r 'Y6 tteol,-Chia L yuv yuvsnoyL o(m 'sagua wK�o Cvo y�am7,nyl Jra]cffv ag of mutBatya, yava�mutBu Jro 4;)ayl fDJva,sJmmf'o ay;yasnmyuvyuvy Cw in oiunatay mvy I fbaaatjA sra 4m u7 yavag�mutBa�y�o Cgt�ya�wJag uno Ifydn.uaylunf yuv a;maauldv um suotivsauaB atninf;vy; or 44.1unwwm ayl{o guauua;gag yuv u,{auag ayl.tof rat wyl wa Buuay ,sl090ju AgdJay s109Y&M. ag osJv og VIM vtutB.ut 1 ut sgooyas yuv 'sassaulm `•ruot;n;tlsut aivraud puv Mgnd sauuaBv ;uawuta(wB u:ylun wgwaw Jnuv n-mjp ayl uodn Jtvo jr YVV ypaflj.�y yl :wmJ-7aid Cgala y oy'mu bjl V, 'y"a@ vtutB.,t tfo 40 ayl J'o so.CvX'w4a)a,Cggoq, -x W94`I Wfamyb`mov •,Cltunuuwoalno of tuawgtwwoo yuv aouwsA y;sq'yuv auaJaAauv?uunj6 o ipjvm ayl ut suoffa-G&waau yuv asuodsae '4•svny uoddnr of paCoJday oym saa,CoJduu Al�p asayl og aynmvsB isadaay ino s-mAa a(.y :rvata�,yy yuv.' Il 6uIh JJvya nyl Bunny mjosau Buuaam=n yuv s4m;ngu4uo3 ss4as.uayl"f"a,CoJdwa asayl wuoy yuv amuBo"i of luvguodua n 17 aiyy', yuv:siuvn uas Mgnd mo A uaeMI"ayl vuv,Cltunwutoa mo o y;hows mp Buu Nnoys auv?uuny ayl kg ya;aa�v asoyl{o saruJ ayl us aauwffiy yunafiud v aJmw mvy vx0,Jdwa,Cly asayl fo nmfp arm ;sm" yuv)aau ut asoyl of sa-WwvJmmuassa Bu mlwdyuv'soznosaa Butivuywoo'suotimodo fayau ut But;susv apym uousadwoa yuv`wnjvuousaJaud'guawltwwm Gvu:ytoac ka Jdwaka spnyuuyut asay7, yuv.`sgloffa,Cuaeao3au yuv asuodsas.tagsvny tut gloddns Jv;ua"oid o;yuv(woj- paddags ymag)mut&q,fO 4423 aylfO saaCoJdwa prgmtyap'tagsvny nyi og amod-v u7 :svaiar�,y, suazulta moJta�uno{o utdsyuv aqua,sal ayl yaguVvyo my ivy;uO.4m"iay a19vutBvwt_puvun yutyag ButavaJ 'satgtunwwo-,mataumu pj vdwt,CJ;umj fi. tr my",jC auv?uunJ.0 ;svatar�,yL U014i u 041 0 N uno 40 S 32 ITEM— VII.H.4 MAYOR'S PRESENTATIONS ITEM#76319 PROCLAMATION NATIONAL HOMELESS YOUTH AWARENESS MONTH On behalf of Mayor Dyer, Council Member Wooten welcomed Nicole Pixler — Executive Director of Stand Up for Kids,Mark Stevens Human Rights Commissioner and Stand Up for Kids Community Liaison and Joy Rios — Founder of Connect with a Wish and read the Proclamation declaring the month of November 2024 as, "NATIONAL HOMELESS YOUTH AWARENESS MONTH". Council Member Wooten encouraged all citizens to be therefor children in need and to observe this month of November as the National Homeless Youth Awareness Month. Mr. Pixler expressed her appreciation to City Council for their continued support and this recognition. November 12, 2024 _ n �a of OUR NAT0 0 Proclamation Vier= Novem6er was first declared as National.9fomeless 7outh Awareness Month in 2007 and since then,Novem6er has 6een a time to acknowledge those youth experiencing homefessness,with as many as 4.2 million youth peryear experiencing homelessness; and %*ertas: 'While trying to survive on the streets,youth are exposed to countless dangers,with an increased Czkehhood of su6stance abuse, impulsivity,depression,Tost Traumatic Stress Disorder, anda vulnerability of 6eing traffckg-and 'N wrar. Standup for Yids, Zampton 4Zgads and Connect with a %Ash have committed themselves working duectly with and to 6ringing together community partners to makg a srgnificant collective impact for aff homefessyouth in our area;and Wwreas: Standup for Yids, 9fampton Wgads has 6een in 'Virginia Beach and helping homeless and disconnected youth since 1991 and is committed to changing the&w of this most vutnera6fe popufation means of Drop-In center feedig nights, mentorship, pay for grades programs, clothing closets, Emergency Shelter, and housing programs their mission is simple,Ending the cycle of youth homelessness;and 'Wleemax Connect'With a"h is committed to those who are in, aging out or have aged our of foster care since 2014 when they were founded. Their mission 'to connect the wishes and needs of children in 'Virginia Beach foster care with the generosity of our community. We provide the resources and support needed to give these children the opportunity to grow into positive and productive members of our community." Now, Thertf m I, Wg6er t 94. "Bo66y":Dyer, Wayor of the City of'Virginia Beach, 'Virginia, do hereby procfaim: rational yrow&ss TMth'Awaret=W(Mth In aria B.wk and I encourage all citizens to 6e there for children in need and to o6serve this month ofNovem6eras the NationaMomefess Touth Awareness Wonth. In 'Wifa w %*erwf, I have hereunto set my hand and caused the Officiaf Seal of the City of 'Virginia Beach, of irginia, to 6e of iced this Twelfth Day of November,Two Thousand andTwenty- Four. Wpbert 9K. "Bo66y"Dyer Wayor 33 ITEM— VULI BID OPENING ITEM#76320 Mayor Dyer DECLARED A BID OPENING: NON-EXCLUSIVE FRANCHISE AGREEMENT Virginia Beach Horseback, Inc. Mayor Dyer read into the record: "Pursuant to Virginia Code Section 15.2-2102, 1 will now summarize the bids that have been received for the proposed franchise agreement to authorize guided horse riding tours on the beach in the Resort Area One bid has been received, as follows: Virginia Beach Horseback,Inc. has bid.- - $3500 per term, with the first term commencing upon execution of the franchise through May 15, 2025. Four additional renewals may be granted upon mutual written agreement of the parties in 2025, 2026, 2027, and 2028 for the periods of October 1 through May 15. Are there any other persons desiring to submit a bid at this time? There being no further bids, the bidding is closed. City staff has evaluated the bids received and recommends that Virginia Beach Horseback,Inc. be awarded a non-exclusive franchise agreement. We will now open a Public Hearing for the proposed franchise agreement to operate guided horse riding tours on the beach in the Resort Area." November 12, 2024 34 ITEM— VII.J.1 PUBLIC HEARINGS ITEM#76321 Mayor Dyer DECLARED a PUBLIC HEARING: NON-EXCLUSIVE FRANCHISE AGREEMENT Virginia Beach Horseback, Inc. There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING November 12, 2024 35 ITEM— VII.J.2 PUBLIC HEARINGS ITEM#76322 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED CHARTER AMENDMENT Implement 10-1 Election System The following registered to speak.- Richard Kowalewitch, 824 241h Street, Phone: 831-6143, did not respond Henderson Vaughan, 865 Point Way, Phone: 630-9745, spoke in SUPPORT Stacy Cummings, 2412 Jib Circle,Phone:285-5994, spoke in OPPOSITION Bernita Richardson, 5352 Garden Pointe Way, Phone: 535-3343, spoke in SUPPORT Eddie Seay, 3500 Station Court#201, Phone:540-588-0464, spoke in SUPPORT Georgia Allen, 4649 Merrimac Lane, Phone: 405-6240, spoke in SUPPORT William Calhoun, 2492 Navarre Way, Phone: 576-4355, spoke in SUPPORT Ralph Parham, 4532 Shallowford Circle, Phone: 319-0970, spoke in OPPOSITION Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in SUPPORT Ella Dunbar, 2349 Poyner Lane, Phone: 463-9861, spoke in OPPOSITION Carl Wright, 1144 Mondrian Loop, Phone:235-5596, spoke in SUPPORT Tammie Mullins-Rice, 1010 Barnacle Court, Phone: 630-7097, spoke in SUPPORT There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 12, 2024 36 ITEM— 117113 PUBLIC HEARINGS ITEM#76323 Mayor Dyer DECLARED a PUBLIC HEARING: FY2024-25 VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM(CIP)AMENDMENTS— Appropriation of Reversion Funding(requested by the School Board) There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING November 12, 2024 37 ITEM— VII.J.4 PUBLIC HEARINGS ITEM#76324 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATIONAND SALE OF EXCESS CITY PROPERTY Adjacent to 245 Realty Lane There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 12, 2024 38 ITEM— VII.J.5 PUBLIC HEARINGS ITEM#76325 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION,BYAGREEMENT OR CONDEMNATION Temporary and Permanent Easements for the Lynnhaven River Basin Ecosystem Restoration Project Phase 2: Wetland Construction, CIP 100263 (the "Project') There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING November 12, 2024 39 ITEM— VII.J.6 PUBLIC HEARINGS ITEM#76326 Mayor Dyer DECLARED a PUBLIC HEARING: EXCHANGE OF EXCESS CITY PROPERTY The Catholic Diocese of Richmond, Virginia (Approximately 16+/-acres of City-owned property located on Indian River Road) There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING November 12, 2024 40 ITEM— VII.J.7 PUBLIC HEARINGS ITEM#7632 7 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED CAFt FRANCHISE AGREEMENTS Grill Virginia Beach, LLC, at 40519`h Street re sidewalk cafe Mi Vida Virginia Beach,LLC at 332 20`h Street re sidewalk cafe There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 12, 2024 41 ITEM— VII.J.8 PUBLIC HEARINGS ITEM#76328 Mayor Dyer DECLARED a PUBLIC HEARING: CITY-OWNED PROPERTY—TOWN CENTER Parking Franchise(Valet Services) There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING November 12, 2024 42 ITEM— VII.J.9 PUBLIC HEARINGS ITEM#76329 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY—FARMERS MARKET Building 6, Space 1 to Lisa Preuss Building 6, Spaces 3& 4 to Chapman's Flowers& Gifts There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING November 12, 2024 43 ITEM— VII.K FORMAL SESSION AGENDA ITEM#76330 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 Ross-Hammond, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions L:1, 2, 3, S, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 and Planning Items M. 1, 2(DEFERRED INDEFINITEL 1)and 3 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. ORDINANCES I RESOLUTIONS: COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEM#3 ITEM#4 WILL BE CONSIDERED SEPARATELY November 12, 2024 44 ITEM— VII.L.1 ORDINANCESIRESOL UTIONS ITEM#76331 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT,Resolution to DESIGNATE General Street in the New Light Community re in Memory of George L.Kimble(requested by the 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 November 12, 2024 REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION DESIGNATING GENERAL STREET IN 2 THE NEW LIGHT COMMUNITY IN MEMORY OF GEORGE 3 L. KIMBLE 4 5 WHEREAS, George L. and Alcora Kimble were the parents of twelve children 6 born in the New Light community, of which ten survived; 7 8 WHEREAS, the Kimble Family, in 1936, moved to a dirt road in the New Light 9 community to settle the family on land they had purchased, on a road with no name; 10 11 WHEREAS, Mr. George L. Kimble and his children kept the road passable by 12 collecting oyster shells to fill any potholes on that dirt road for many years; 13 14 WHEREAS, Mr. George L. Kimble had to walk each day to pick up mail from the 15 only mailbox, then located on Indian River Road; 16 17 WHEREAS, Mr. George L. Kimble was a Sunday school teacher, the President 18 of the Deacon Board for New Light Baptist Church, and a member of the New Light 19 Civic League; 20 21 WHEREAS, Mr. George L. Kimble kept the weeds and the bushes pruned at the 22 New Light Cemetery; 23 24 WHEREAS, Mr. George L. Kimble was employed at the Norfolk Naval Air Station 25 until he retired; 26 27 WHEREAS, Mr. George L. Kimble visited the entire neighborhood in the New 28 Light community to wish every family a Merry Christmas and a Happy New Year; 29 30 WHEREAS, as a farmer, he raised various types of vegetables and donated 31 some of his crops to any family that he thought was in need in the New Light 32 community; 33 34 WHEREAS, when the street was paved, the name, "General Street," was given 35 to their beloved dirt road, which was a great disappointment to the entire Kimble family 36 who had lived and cared for this dirt road for so many years and were not provided the 37 opportunity to have the family name assigned to the road; 38 39 WHEREAS, the oldest daughter, Otealia Kimble Jennings, is a retired teacher, 40 who was honored as first Black teacher to integrate Courthouse Elementary School in 41 the City, during segregation and integration, and who is still sharing her beautiful voice 42 and playing piano professionally, at age 93; 43 44 WHEREAS, Otealia Kimble Jennings' student life story and photo are in the 45 Virginia State University's 2023 Oral History book in the Library of Congress, 46 Washington, D.C.; and 47 48 WHEREAS, Otealia Kimble Jennings wishes to see her father, George L. Kimble, 49 who paid for her college education and took meticulous care of the dirt road, to receive 50 posthumously, an honorary street sign in the New Light community; 51 52 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 53 OF VIRGINIA BEACH: 54 55 That the City Council hereby designates General Street in the New Light 56 Community in memory of George L. Kimble and his many accomplishments in support 57 of the New Light Community and hereby directs the City Manager to cause signs in 58 honor of George L. Kimble to be erected on street signs along General Street. Adopted by the City Council of the City of Virginia Beach, Virginia, this 12 t h day of November 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16673 R-1 October 21, 2024 45 ITEM— VUL.2 ORDINANCESIRESOL UTIONS ITEM#76332 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 35-35 of the City Code re equalization of assessments(requested by the Board of Equalization) 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 November 12, 2024 REQUESTED BY THE BOARD OF EQUALIZATION 1 AN ORDINANCE TO AMEND SECTION 35-35 2 OF THE CITY CODE PERTAINING TO 3 EQUALIZATION OF ASSESSMENTS ,, 5 SECTION AMENDED: § 35-35 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 35-35 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 35-35. Equalization of assessments. 14 15 (a) In order to equalize assessments of real estate annually, the city real estate 16 assessor shall hold hearings between March fifteenth and April thirtieth of each year, or 17 as often as may be necessary as determined by the city real estate assessor, for the 18 purpose of receiving such evidence as may be presented to him by any taxpayer with 19 respect to the inequality of his assessment made during the twelve-month period ending 20 January thirty-first last ensuing. Any taxpayer feeling aggrieved by any such assessment 21 of his property may apply to the city real estate assessor for the equalization thereof on 22 forms provided by the city real estate assessor for that purpose. 23 24 .... 25 26 (e) The board of equalization shall have the powers to revise, correct and 27 amend any assessment of real estate, other than real estate assessable by the state 28 corporation commission. The board shall begin hearing assessment appeals the first 29 Thursday in July of each year. An application for appeal to the board must be received 30 by <ins> June <ins> <del> Attest <del> 30 of the year in which the assessment was 31 made. The city real estate assessor shall include this deadline in the notice of 32 assessment. Adopted by the City Council of the City of Virginia Beach, Virginia, on this, 2 t blay Of November 2024. APPROVED AS TO LEGAL SUFFICIENCY: City ttorney's Office CA16672 R-1 October 30, 2024 46 ITEM— VILL.3 ORDINANCESIRESOL UTIONS ITEM#76333 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,AS AMENDED,BY CONSENT,Resolution to ADOPT the City's 2025 Legislative Agenda The following items were removed: Charter Amendment—Ten Single Member Election System Adopted by City Council Virginia Code Amendment—Amend City Code to Reflect Election System Adopted by City Council Voting: 10- 1 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None November 12, 2024 1 A RESOLUTION ADOPTING THE CITY'S 2025 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2025 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2025 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2025 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 12th 31 day of NnvPmhPr 2024. Requires a two-thirds affirmative vote by the members of the City Council. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Brent M06anzie City Manager's Office orney's Office CA16678 R-1 October 30, 2024 C IT Y OF V I R G I N I A BEA C H V I R G IN I A GENERAL ASSEMBLY Legislat*ive Agenda M: 3 2025 SESSION Adapted V r ion — Novcniber 2024 Table of Contents POLICY PRIORITIES 3 Affordable Housing 3 Economic Development 3 Education 4 Energy 4 Fiscal Responsibility and Budget Impacts 5 Flooding and Stormwater 5 Land Use 6 Public Safety 6 Transportation 7 CITY CHARTER AMENDMENTS 8 Ten Single_Me.,,he-F Eleetiee System ndepted by city Geunc 8 VIRGINIA CODE AMENDMENTS 12 Amend_ Cede+e D.,FIe.,+Eleetien System Adapted by Geu..eil 12 "Good Friday" First Responders Fund 14 ABC Store Larcenies 15 Increase the Fire Programs Fund 16 Property Title Report in Eminent Domain Proceedings 17 Obstruction of Right-of-Way Violations 18 Low-impact Utility Markings 19 Short-Term Rentals 20 RESOLUTION 21 Zero Waste Awareness Week 21 STATE BUDGET REQUESTS 22 Commonwealth Individual Assistance (IA) Program Study 22 Virginia Aquarium & Marine Science Center Renovation/Expansion 23 2 POLICY PRIORITIES Affordable Housing The City of Virginia Beach seeks to address the growing need for affordable housing with the goal to ensure that all residents have access to safe, high quality, and affordable housing and to promote inclusive and diverse communities. • Because every locality has its unique challenges, the City of Virginia Beach encourages the General Assembly to provide funding, incentives, and policy flexibility to allow localities to tailor solutions that will fit their communities while maintaining the ability to control land use decisions at the local level. • The City of Virginia Beach supports the renewal of the Virginia Housing Opportunity Tax Credit that is set to expire in December of 2025 and an increase in the annual cap from $60 million to $100 million. • The City of Virginia Beach supports the passage of a Constitutional Amendment that gives localities, at their discretion, the authority to create tax abatement programs to support affordable housing projects. Economic Development The City of Virginia Beach aims to implement a dynamic and forward-thinking economic development strategy designed to foster sustainable growth, enhance economic diversification, and promote innovation. • The City of Virginia Beach encourages the General Assembly to support local and regional efforts to attract and retain talent that will support the growing workforce needs of Hampton Roads. • The City of Virginia Beach encourages the General Assembly to support initiatives that provide funding, incentives, and policy flexibility that aligns with the City's economic growth strategy for redevelopment and revitalization, including additional funding for the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund. • The City of Virginia Beach requests support from the General Assembly to increase access to affordable childcare. 3 f�,�jenv 3 '- - POLICY PRIORITIES Education The City of Virginia Beach seeks to support the Virginia Beach School Board's efforts to enhance educational resources, teacher support, and student development to foster a robust educational environment and prepare students for future success. • The City of Virginia Beach encourages the General Assembly to implement reforms to increase the Commonwealth's share of education funding as was identified in the 2024 MARC study regarding Virginia's K-12 Funding Formula, including eliminating staffing caps and addressing compensation gaps for teachers and support staff. • The City of Virginia Beach supports efforts by the General Assembly to provide additional funding to support school construction, including efforts to ensure that Virginia Lottery Funds are utilized to enhance education funding, not supplant existing needs and allocations. As construction costs continue to increase, it is critical that localities have support from the Commonwealth to continue to modernize our school facilities. • The City of Virginia Beach supports efforts to ensure that Virginia Lottery Funds are utilized to enhance education funding, not supplant existing needs and allocations, including increasing the share of lottery funds utilized for school construction. Energy The City of Virginia Beach seeks to establish a forward-looking multi-pronged energy policy designed to enhance energy sustainability, reliability, and resilience. This policy aims to integrate renewable energy sources, improve energy efficiency, and prepare for future energy demands while reducing the city's carbon footprint. • The City of Virginia Beach supports efforts by the General Assembly to reduce the cost and administration of renewable energy interconnectivity at municipal facilities. • While the City of Virginia Beach supports the Commonwealth's goals to increase the use of clean energy, it is critical to recognize the potential impact utility scale energy projects have on communities and localities. Because of these potential impacts, the City of Virginia Beach encourages the General Assembly to continue to support the authority of localities to regulate the siting and development of energy facilities. 4 POLICY PRIORITIES Fiscal Responsibility and Budget Impacts The City of Virginia Beach seeks to address fiscal challenges and annual budgetary impacts in a responsible manner that effectively meets essential services and community needs. • The City of Virginia Beach requests that the General Assembly refrain from capping, removing, or restricting local government revenue sources without replacing the source with a sustainable revenue source of equal rate. • The City of Virginia Beach requests that the General Assembly refrain from creating additional unfunded mandates. City staff have identified more than 75 mandates from the state and federal governments that have created an unfunded burden of more than $125 million annually. • The City of Virginia Beach requests that the Commonwealth provide financial support to fill the gaps created by the Commonwealth for the Veterans 100% disabled tax relief program. • The City of Virginia Beach requests that the General Assembly provide local government essential taxing and regulatory authority, as they create new revenue streams for Commonwealth. Flooding and Stormwater The City of Virginia Beach aims to improve resilience to flooding, enhance stormwater infrastructure, and promote sustainable practices to mitigate the impacts of extreme weather events and climate change. • The City of Virginia Beach requests that the Commonwealth develop a state funding program to support the non-federal match requirements of localities for federal grants that support large-scale flood relief projects. Multiple localities in the Hampton Roads region will soon join the City of Norfolk with a completed U.S. Army Corps (USACE) Coastal Storm Risk Management (CSRM) study and with tens of millions of dollars in obligated matching funds to implement the coastal resilience solutions that are developed by the studies. • The City of Virginia Beach supports continued investment in the Storm Water Local Assistance Fund (SLAY) for improvements and installation of effective storm water management controls. • The City of Virginia Beach supports increased funding for the Community Flood Preparedness Fund and requests that the fund provide funding through grants rather than loan programs. 5 rsr 1 � -•ti POLICY PRIORITIES Land Use The City of Virginia Beach aims to utilize a comprehensive land use and development strategy to guide sustainable growth, optimize land utilization, and enhance the quality of life for its residents. • The City of Virginia Beach requests that the General Assembly refrain from passing legislation that would reduce or eliminate the authority of the Commonwealth's localities from making their own land use decisions. • The City of Virginia Beach supports preserving local authority to regulate short term rentals and to enhance enforcement of those regulations, including greater authority to localities to enforce their zoning ordinances as they relate to short term rentals. • The City Council is opposed to any legislation that compels localities to allow short term rentals, limits the ability of localities to regulate short term rentals, overrides local authority for short term rental land use or planning, or limits the ability of localities to collect the appropriate taxes associated with short term rentals. Public Safety The City of Virginia Beach seeks to ensure a safe and healthy community for residents and visitors through proactive measures, enhanced technology, and increased resources. • The City of Virginia Beach requests that the General Assembly prioritize increased dedicated funding to police, fire, and emergency medical services. • The City of Virginia Beach requests that the General Assembly preserve existing local authority to implement public safety technology and support expanding local authority to install speed enforcement cameras beyond school and construction zones. • The City of Virginia Beach supports Commonwealth-wide efforts to provide annual cancer screenings for career and volunteer fire fighters. 6 ;POLICY PRIORITIES Transportation The City of Virginia Beach seeks to enhance mobility, reduce congestion, and improve sustainability of transportation infrastructure through modernizing road networks, supporting public transit and multi-modal options, and ensuring safety and accessibility for all users. • The City of Virginia Beach supports efforts to improve sustainability in transportation infrastructure projects. • The City of Virginia Beach supports efforts to continue to improve highway and secondary roadway infrastructure throughout Hampton Roads. • The City of Virginia Beach supports efforts by Hampton Roads Transit to protect and enhance transit programs and funding including appropriate essential, consistent funding to meet HRT's capital and operating needs, including innovative transit options such as micro-transit. • The City of Virginia Beach supports General Assembly efforts to continue investing in trail projects with a request that the Virginia Beach Trail be considered for any future funding opportunities. • The City of Virginia Beach supports efforts by the General Assembly to protect vulnerable road users, including pedestrians and cyclists. 7 ,rrn+nii CHARTER AMENDMENT Ten Single-Member Election System Adopted by City Council Background: This item was removed from the final approved legislative agenda due to lack of three-fourths (equal to 9) vote required for adoption The United States District Court for the Eastern District of Virginia ("the District Court") previously ruled that the city's 7:3:1 election system as set forth in the City Charter does not comply with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 because it dilutes the voting strength of minority voting groups. This ruling was later vacated on appeal by the United States Court of Appeals for the Fourth Circuit("the Fourth Circuit") on the ground that it was rendered moot by an intervening amendment to state law. That amendment changed the seven residence districts previously elected at large under the City's Charter to single-member districts whose representative was elected by only the residents of those districts. Although the District Court's judgment was vacated, the case was remanded to that court for further proceedings. Subsequently, the District Court has indicated that any system other than the 10:1 system with three (3) Minority Opportunity Districts would likely be found to violate Section 2 of the Voting Rights Act. On January 14, 2022, while the District Court's order was still in effect, the City obtained preclearance of the 10:1 system ordered by the District Court from the Virginia Attorney General under the Virginia Voting Rights Act. The 10:1 plan was utilized in the November 2022 and 2024 City Council elections. In 2023, the City Council undertook a public input initiative that included duly noticed, public education and listening sessions in each of the ten districts. Two virtual listening sessions were also conducted. In addition, the City engaged the Weldon Cooper Center for Public Service at the University of Virginia to conduct a statistically validated public opinion survey within the city, which showed 8 1% support for a 10:1 system. On August 15, 2023, the City Council adopted its decennial redistricting ordinance. This ordinance uses the same 10-1 system and district boundaries that were previously ordered by the District Court. Additionally, the decennial redistricting ordinance uses the same schedule of elections that was recommended by the Special Master. It is desirable for the City Charter to reflect the decennial redistricting ordinance, and this request does that. 8 Request: City Council requests that the General Assembly amend the City Charter to adopt the ten single-member district system used in the 2022 and 2024 elections and adopted by the City Council in its decennial redistricting ordinance. PROPOSED CHARTER UPDATE Sec. 3.01. Division of city into districts. A. The city shall be divided into ten single-member election seven residence districts of approximately equal population which shall be numbered one through ten sew. The council shall consist of eleven members, the mayor elected at large and i„^l,, 4ig he mayor, one member to be elected by and from each of the ten single-member election districts. the eity at large from the residents of eaeh E)f the seven distFiets and members and them r to be elected by and From the city at large. B. The boundaries and ames of such districts shall be established by ordinance on 0 before =aFeh 1� and thereafter the boundaries shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal. C—. The city eeunei4 shall, no latef than januar-y 1, 1996, petition the eir-euit eourt to orde an advisory referendum to be held on the question of whether-the eouneil MeMbe eleeted ftem each distriet shafl be eleeted by the qualified voters of that distfiet r-a than at large. The wording of the question shall be deter-mined by majority vote E) seuncil and sh.M.I.be ill-f-ded in the petition. Upon the f4ing of the petition, the eir-cuit eourt shall eFder-that an advisory referendum be held on the question in the Ci at the municipal elections to be held in May 19W6. Sec. 3.01:1. Implementation of districts. A. At the November 2026 May 1996 general election, the twee-members representing district 2, district 4, district 6, district 8, district 9, and district 10 shall be elected_by the boroughs as s Ehh boroughs existed on januaFy 1, 1995. The terms of the members so elected shall commence January 1, 2027 and expire on December 31, 2030. T 1998. The teFms of the mayor and eouneilmember eleeted by and ffem the eity at large in May of 1�=,ill xpife on My 1, 2000. B. At the November 2028 general election,. in May of 1004 the members representing district 1, district 3, district 5, district 7, and the mayor shall be elected_ .,t l Fge from distfiet numbered one dffetigh dffee sha14 be eleeted for-terms of Pvve years and th membeFs elected at large from distFicts numbered four-through seven shall be eleeted f terms of four-years. The terms of the members so elected shall commence January 9 1, 2029 and expire on December 31, 2032. tyre-•+;vczcy at large in May of sha14 expire an july 1 2002. TheFearftcr C. All members shall be elected for terms of four years. Sec. 3.02:1. Election of councilmembers. Pursuant to an or-dinanee-adopted by eity eoun64 on T„neZ27, 2006, City council regular elections shall take place at November general elections. during the general electi^" in November- 2009, and during the November-general election i I s thereafter-, --- eeunei4 m moors .,hese terms expire at the end of r o o, bef of that year. C^,,H6 members, including the mayor-, whose tefmq Af june 30, 2008, or- june > 2010, shall eenfinue in office until the* have been elected at the November-eleefien january 1 next following the date of election and shall eentinue un64 his sueeessoF has been duly elected and qualified. Each candidate shall state, at the time of filing, whether he is running at large, from the district of his residence or for mayor. Candidates for council shall be nominated only by petition in the manner prescribed by general law. Sec. 3.02:2. Election of mayor. The mayor shall be elected at the general election in November 2008, and each fourth year thereafter, to serve for a term of four years. Candidates for mayor shall run Hof the-at-large seats. A candidate running for mayor shall not run for any other seat. In the event any councilman member, including the mayor, shall decide during his term of office to be a candidate for mayor, he shall tender his resignation as a councilman member not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the councils member's intention to run for mayor, shall require no formal acceptance by the remaining councilmen members and shall be final and irrevocable when tendered. In the event the mayor shall decide during his term of office to be a candidate for one of the single-member election districts, he shall tender his resignation as mayor not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the mayor's intention to run for one of the single-member election districts, shall require no formal acceptance by the remaining council members and shall be final and irrevocable when tendered. The unexpired portion of the term of any council member who has resigned to run for mayor or mayor who has resigned to run for one of the single-member election districts shall be filled at the same general election. Sec. 3.02:3. Reserved. Council member resignation to fun for new seat. (a) in the event that any eeunei4 member- from one of the r-esidenee distfiets shau deeid dur-ing his term of effiee to be a eandidate for an at lafge seat, the council member- shall 10 tendeF his r- s a eouneil member-not less than 10 days prior-to the date the fAiing of petitions as required by general law. Sueh resignation shal4 be effective on seat, shaJ4 require no formal aeeeptanee by the . . - guneil members, and be final and iffevoeable when tendered. The unexpired per-tion of the ter-fn of any eounei4 membef-who has resigned to fun foF an at large seat sha14 be fjUed at the same geneFal election, or-by speeial election if the at laFge seat is to be fffled by specia eleetion. (b) in the event that any eeuneA member- from one of the at large seats shall deeide du his teFm of office to be a candidate for- a Fesidenee distriet seat, the eounei4 membe-F shall tender-his Fesignation as a eouneil member-not less than 10 days prior-to the foF the ffling of petitions as Fequir-ed by general law. Sueh resignation shall be effee r-esidenee dis-Me'. sea", shall require no foFmal acceptance by the Femaining c-ounc-i-I members, and sszha]4 be final and iffevo 'tiC-twice-`when cendeFe . The 1zhe unexpifed peFtion o the term of any eouneil member-who has resigned to run for- a Fesideflee di- cent;s to be Qe.i by s al eleetio 11 1141r��uN y 1`, VIRGINIA CODE AMENDMENT Amend Code to Reflect Election System Adopted by Council Background: This item was removed from the final approved legislative agenda due to lack of two-thirds (equal to 8) vote required for adoption The United States District Court for the Eastern District of Virginia ("the District Court") previously ruled that the city's 7:4 election system as set forth in the City Charter does not comply with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 because it dilutes the voting strength of minority voting groups. This ruling was later vacated on appeal by the United States Court of Appeals for the Fourth Circuit ("the Fourth Circuit") on the ground that it was rendered moot by an intervening amendment to state law. That amendment changed the seven residence districts previously elected at large under the City's Charter to single member districts whose representative was elected by only the residents of those districts. Although the District Court's judgment was vacated, the case was remanded to that court for further proceedings. Subsequently, the District Court has indicated that any system other than the 10:1 system with three (3) Minority Opportunity Districts would likely be found to violate Section 2 of the Voting Rights Act. On January 14, 2022, while the District Court's order was still in effect, the City obtained preclearance of the 10:1 system ordered by the District Court from the Virginia Attorney General under the Virginia Voting Rights Act. The 10:1 plan was utilized in the November 2022 and 2024 City Council elections. In 2023, the City Council undertook a public input initiative that included duly noticed, public education and listening sessions in each of the ten districts. Two virtual listening sessions were also conducted. In addition, the City engaged the Weldon Cooper Center for Public Service at the University of Virginia to conduct a statistically validated public opinion survey within the city, which showed 8 1% support for a 10:1 system. Request: Because a change to a locality's Charter requires a two-thirds vote of the General Assembly and a general law change to the Virginia Code requires a majority of the members of the General Assembly, the City Council requests that a dual track be taken to updating the City's election system to better ensure that a proper update is made ahead of the 2024 election cycle. The City Council requests that section § 15.2-1400 of the Code of Virginia be 12 amended, with language to supersede a local charter, to reflect the City's ten single-member district system. Proposed language: Amend Virginia Code Section § 15.2-1400. Governing Bodies. G. Notwithstanding any other provision of law,general or special, the governing body of a locality that has been subject to a court order imposing a remedial election system under either the federal Voting Rights Act of 1965 or Chapter 1.1(§24.2-125 et seq.)of Title 24.2, even ifsuch order is later vacated, may adopt an ordinance to convert one or more at-large seats of such body to single-member districts, provided that the governing body also adopts and implements the remedial election system contained in the court order. Members of such governing body in office on the effective date of such ordinance shall complete their terms of office. 13 VIRGINIA CODE AMENDMENT "Good Friday" First Responders Fund Background: On Good Friday, April 6, 2012, a catastrophic event took place in Virginia Beach as a Navy F/A-18 Hornet jet fighter crashed just moments after take-off from Naval Air Station Oceana into the Mayfair Mews apartment complex, injuring seven. Hundreds of Virginia Beach first responders and employees were quickly on the scene of what came to be known as the Good Friday miracle as there were no fatalities from the event despite the apartment complex housing more than 100 residents. During this event, City staff were likely exposed to burning composite materials like carbon fibers and other toxins released from the burning fuel, hydraulic fluids, aircraft fuselage, and damaged structures including known "forever chemicals" including perfluorooctane sulfonic acid (PFOS) and aqueous film forming foam (AFFF), called forever chemicals because these toxic materials do not leave your system. Research suggests firefighters are at higher risk of certain types of cancers when compared to the general population. Earlier this year, the City-provided a voluntary Galleri Cancer Screening, an advanced type of testing that screens for more than 50 types of cancers, where 538 sworn Fire employees were tested. The Galleri Cancer Screening was provided to the Fire Department due to their heightened risk of developing occupational cancer and the existence of a presumption that many cancers are work related and can be a compensable claim under Virginia Worker's Compensation. Request: The City Council requests that the General Assembly create and fund the "Good Friday" First Responders Fund to support annual health monitoring and cancer screenings to all Virginia Beach employees who worked the crash scene and to provide additional support for out-of-pocket health care costs and other service gaps that may arise for these heroes. 14 0u VIRGINIA CODE AMENDMENT ABC Store Larcenies Background: In recent years, larcenies and shoplifting cases at Virginia ABC stores have significantly increased across the Commonwealth and now represent a disproportionate percentage of Part I crime and a grossly disproportionate percentage of property crime in several cities. These larcenies accounted for 23% of all shopliftings in Virginia Beach for 2023 and for 2024 year-to-date, the percentage of all shopliftings from ABC Stores is currently sitting at 26%. Law enforcement resources are disproportionately expended when deploying to these cases and when follow-up investigations of Virginia ABC larcenies need to occur. Liquor theft falls squarely in the Virginia ABC Bureau of Law Enforcement's area of concern. Their agents are well qualified to investigate these crimes and well situated to influence needed changes in their retail sector's protection of liquor inventory. Request: The City Council requests that the General Assembly designate the Virginia ABC Bureau of Law Enforcement as the primary law enforcement agency responsible for reporting and investigating crimes. Proposed language: Amend Virginia Code Section § 4.1-105. Police Power of Members, Agents, and Employees of Board. A. Members of the Board are vested, and such agents and employees of the Board designated by it shall be vested, with like power to enforce the provisions of(i) this subtitle and the criminal laws of the Commonwealth as is vested in the chief law-enforcement officer of a county, city, or town; (ii) § 3.2-4207; (iii) § 18.2-246.14; (iv) § 18.2-371.2; (v) § 58.1-1015; (vi) § 58.1-1017; and (vii) § 58.1-1037. B. The Board, its agents, and employees so designated shall serve as the primary law enforcement agency for reporting,pursuant to§52-28, and investigating crimes and offenses under Title 18.2, Chapters 5 and 6, that occur on its properties, whether owned or leased. C. Nothing contained in this subtitle shall be construed as a restriction or limitation upon any powers that the Board of Directors of the Authority might otherwise have under any other law of the Commonwealth. 15 u. o �� - . VIRGINIA CODE AMENDMENT Increase the Fire Programs Fund Background: The Virginia Fire Programs Fund is derived from an annual one percent assessment of fire- related insurance coverage. The Fund is used to provide an annual population-based allocation to localities throughout the Commonwealth, through the Aid to Localities Program (ATL). Funding supports the critical needs of Virginia Fire Departments, but with the significant rise in the cost of equipment and fire apparatus, the funding is no longer sufficient. According to a study conducted by the Virginia Fire Programs, across the Commonwealth calls for service have increased by 40% over the last three years while funding at the state level has remained relatively stable for 20 years. The last increase in the Virginia Fire Programs Fund occurred in 1995, going from .8% to 1%. Request: The City Council requests that the General Assembly increase the annual assessment levied on businesses that sell fire insurance premiums from the amount of one percent of the total direct gross premium income for such insurance to one and a half percent. Proposed language: Amend Virginia Code Section § 38.2 Insurance, Chapter 4. Assessment for Administration of Insurance Laws and Declaration of Estimated Assessments by Insurers § 38.2-401. Fire Programs Fund: The Commission shall annually assess against all licensed insurance companies doing business in the Commonwealth by writing any type of insurance as defined in §§ 38.2-110, 38.2-111, 38.2-126, 38.2-130 and 38.2-131 and those combination policies as defined in § 38.2-1921 that contain insurance as defined in §§ 38.2-110, 38.2-111 and 38.2-126, an assessment in the amount of one-pefeen one and one halfpercent of the total direct gross premium income for such insurance. Such assessment shall be apportioned, assessed and paid as prescribed by § 38.2-403. In any year in which a company has no direct gross premium income or in which its direct gross premium income is insufficient to produce at the rate of assessment prescribed by law an amount equal to or in excess of$100, there shall be so apportioned and assessed against such company a contribution of$100. 16 . ff VIRGINIA CODE AMENDMENT Property Title Report in Eminent Domain Proceedings Background: Virginia Code section 25.1-204(D) provides the elements for a bona fide offer, which must be followed by condemning authorities when private property needs to be acquired for public projects. This code section was modified in 2022 by Senate Bill 694. The 2022 amendments added requirements to the acquisition process related to title of the subject property. The new requirements are worded in a manner inconsistent with the body of the statute and have led to confusion. Historically, when a condemning authority made its bona fide offer to a landowner, it was required to obtain a title report and provide the report to the landowner. The modified statute now specifies that (1) the title examination shall be for at least 60 years, and (2) requires that copies of all recorded documents be provided to the landowner. However, it is unclear from the statute whether the requirement to provide copies of the recorded documents pertains to every document identified through the 60-year history of the property, or whether the requirement pertains to the documents identified in the title report. Request: City Council requests that the General Assembly make a minor modification to Va. Code Section 25.1-204(D)(iii) that will clarify that the documents to be provided to the landowner should be those listed in the title report. Proposed language: Amend Virginia Code Section § 25.1-204 (D). Effort to purchase required; prerequisite to effort to purchase or filing certificate. D. Notwithstanding any provision of law to the contrary, a condemnor, prior to making an offer to acquire a fee simple interest in property by purchase or filing a certificate of take or certificate of deposit pursuant to Chapter 3 (§ 25.1-300 et seq.) or § 33.2-1019, shall (i) conduct or cause to be conducted an examination of title to the property in order to ascertain the identity of each owner of such property and to determine the nature and extent of such owner's interests in the property, which examination of title shall be for at least 60 years; (ii) provide to such owner or owners a copy of the report showing the examination of title; and(iii) provide to such owner or owners a copy of all recorded instruments within the 60 year-tide history of such prepeAy, ineluding a14 deeds of tFust, releases, liens, deeds, 0 at her- inst..,.,,,,ents identified in the report showing the examination of title. 17 r � VIRGINIA CODE AMENDMENT Obstruction of Right-of-Way Violations Background: The City's Resort Advisory Commission has identified several nuisance and safety issues in the Resort Area that are difficult to remedy under the City's existing ordinances. An example of this is repeated violations of businesses along Atlantic Avenue that place their wares along the sidewalk. The City can enforce these violations as criminal misdemeanors, and if found guilty, the judge will impose a fine and court costs. However, the time it takes for the case to be heard and the ability for it to be extended renders the deterrent null, and the offender will continue the violating behavior and absorb the penalty as a cost of doing business. The ability to have a more expedient method to stop these violations is desired. One example would be akin to a parking ticket, with the ability to ticket multiple times if no corrective action is taken. There is currently no known authority that would enable the City to adopt such an ordinance. Request: The City Council requests the General Assembly to adopt legislation that would allow the creation of local ordinances to eliminate or deter the continuation of nuisance and safety related offenses and violations during the pendency of a court hearing or other final disposition. 18 � )VIRGINIA CODE AMENDMENT Low-impact Utility Markings Background: Members of City Council and community stakeholders have previously shared concerns regarding the number of unsightly utility markings on the sidewalks and streets, especially within the resort area, and have requested updates to regulations or policies to discourage the use of long-lasting paint/marking products. State law currently requires all underground utilities be marked per American Public Works Association standards prior to commencement and for the duration of a construction/excavation project. The City of Virginia Beach has made strides in trying to reduce and eradicate the markings, including developing new guidelines and investing in the additional staff and equipment needed to remove them, however, the number of utility markings remains a concern. Request: The City Council requests that the General Assembly grant localities the authority, by ordinance, that would require the use of low-impact markings when identifying utility locations and the authority to designate that a private developer is responsible for removing the markings once the project is complete. 19 ,3 raw"PON ._ =y _y VIRGINIA CODE AMENDMENT Short-Term Rentals Background: The Virginia Beach City Council passed a resolution to establish a Short-Term Rental Task Force to study how to strengthen the enforcement of the short-term rental regulations and how to improve and streamline the registration process. The task force met six times between June and October 2024, and made more than a dozen recommendations. Among the recommendations the task force made were two changes to the Code of Virginia. Request: 1. Add to the Code of Virginia, legislation that would grant localities the authority to require a short-term rental platform remove short-term rental listings upon notification that a short-term rental is operating without a license and/or permit or that the short-term rental has been adjudicated as non-compliant. 2. Amend the existing Code of Virginia to increase the fine schedule available for the violation of short-term rental ordinances. 15.2-2209 governs the violation of any ordinance and has the fine structure listed at up to $200 for the first violation and up to $500 for any subsequent violation, this is the existing schedule for the violation of any city ordinance across the Commonwealth and has not been updated in nearly 20- years. This amendment would seek to increase the fine schedule for the violation of an element of the short-term rental ordinance only and allow the fines structure to increase to up to $500 for the first violation, up to $1,000 for the second violation, and up to $1,500 for the third and any subsequent violation. 20 Y :t RESOLUTION Zero Waste Awareness Week Background: On Aug. 8, 2023, the Virginia Beach City Council signed a resolution that recognizes the first full week of September as Zero Waste Awareness Week on the recommendation of the Virginia Beach Clean Community Commission (VBCCC). Request: The City Council requests that the General Assembly pass a resolution declaring the first full week of September as Zero Waste Awareness Week. Proposed Language: Whereas the first full week of September is recognized internationally as Zero Waste Awareness week; and Whereas the definition ofzero waste is 'producing little or no waste';•and Whereas the Commonwealth of Virginia wants to encourage citizens to waste less by refusing, reducing, reusing, recycling and repurposing;and Whereas the Commonwealth of Virginia realizes that zero waste will benefit the environment and land in the Commonwealth;and Whereas the Commonwealth of Virginia acknowledges that zero waste will save the citizens of Virginia financially;and Whereas the Commonwealth of Virginia challenges all businesses in its community to engage its employees and citizens to be more mindful regarding ways to decrease waste;and Whereas the Commonwealth of Virginia encourages all state agencies to participate during Zero Waste Awareness Week by educating its citizens on ways to reduce waste; and Therefore, the Commonwealth of Virginia will designate the first full week of September as Zero Waste Awareness week where it invites all its citizens to engage in education and action toward a zero waste society. 21 r� . y �'��••~''' STATE BUDGET REQUEST Commonwealth Individual Assistance (IA) Program Study Background: The 2023 Great Neck Tornado highlighted a gap in the Commonwealth's ability to support individuals and households recovering from non-federally declared disasters. Most disasters do not reach the thresholds required to activate federal disaster assistance, as was the case with the Great Neck Tornado. Individual Assistance (IA) programs provide direct assistance to individuals and households impacted by a disaster so they can begin their recovery. Currently, the Federal Emergency Management Agency (FEMA) manages an IA program, which is only available to disaster survivors after a federal disaster declaration is issued under the Stafford Act. Over the past 20 years, Virginia has requested an Individual Assistance declaration for over 30 disasters; however, only nine requests were awarded federal IA funding. Without a state-level IA program, communities across Virginia are left with very few resources to help repair or rebuild their homes and begin the recovery process. This gap places additional economic burdens on the individual and their communities. In the Commonwealth's 2022-2024 Budget, the Virginia Department of Emergency Management (VDEM) requested funding to conduct a Commonwealth Individual Assistance Program Study, the crucial first step in creating a state-level IA program. Unfortunately, this request was not funded. Requests: The City of Virginia Beach supports the Virginia Department of Emergency Management's request of budget support to conduct a Commonwealth Individual Assistance Program Study 22 STATE BUDGET REQUEST Virginia Aquarium & Marine Science Center Renovation/Expansion Background: The Virginia Aquarium and Marine Science Center is a jewel for both the City of Virginia Beach and the Commonwealth, providing a world class tourism attraction, exciting hands- on education opportunities for students around the region, and support for sea animal rescue and rehabilitation across much of the East Coast. It is the third most visited attraction in the Commonwealth, behind only amusement parks Kings Dominion and Busch Gardens. According to a recent economic impact analysis, the Virginia Aquarium contributes more than $277 million in economic activity each year supporting more than 3,300 jobs. These impacts provide more than $7.6 million in annual tax revenues for the City of Virginia Beach and an additional $9+ million in annual tax revenues for the Commonwealth of Virginia. Unfortunately, the infrastructure is aging and nearing the point where it needs to be replaced. For example, the main building is more than 37 years old, and the seal, turtle, and shark habitats have reached end-of-life. For the protection of these animals, the habitat must be replaced in the coming years, or the animals will have to be transferred to another facility. The Virginia Aquarium Foundation is setting course for an ambitious capital improvement project that will allow the aquarium to continue to operate and generate economic activity for the Commonwealth and keep the animals safe while expanding its footprint and creating new updated exhibits for visitors that will draw larger crowds, and economic impact, in the future. Request: The City Council requests support from the General Assembly for the Virginia Aquarium & Marine Science Center's renovation/expansion of aging infrastructure. The Virginia Aquarium would utilize resources from the Commonwealth in their overall strategy in seeking funds through the Federal Government along with City and private funding. 23 47 ITEM— VII.L.4 ORDINANCESIRESOL UTIONS ITEM#76334 The following registered to speak.- Eric Majette,P.O. Box 60616, Phone: 729-7040, spoke in SUPPORT Bernita Richardson, 5352 Garden Pointe Way, Phone: 535-3343, spoke in SUPPORT Georgia Allen, 4649 Merrimac Lane, Phone: 405-6240, spoke in SUPPORT Carl Wright, 1144 Mondrian Loop, Phone:235-5596, spoke in SUPPORT After City Council discussion, Council Member Ross-Hammond made a motion, seconded by Council Member Rouse to ADOPT Resolution to REQUEST the General Assembly Amend the City Charter re implement a ten-single member district election system Voting: 7-4 (MOTION FAILED AND RESOLUTION WAS DENIED DUE TO A LACK OF REQUIRED THREE-FOURTHS AFFIRMATIVE VOTE) Council Members Voting Aye: 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 Voting Nay: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley and Vice Mayor Rosemary Wilson Council Members Absent: None November 12, 2024 48 ITEM— VII.L.5 ORDINANCES/RESOLUTIONS ITEM#76335 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by agreement or condemnation re the Bus Stop Infrastructure and Accessibility Improvements Phase 9A Project, CIP 100050.009A 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 November 12, 2024 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PERMANENT AND 3 TEMPORARY EASEMENTS FOR THE BUS 4 STOP INFRASTRUCTURE AND 5 ACCESSIBILITY IMPROVEMENTS PHASE 9A 6 PROJECT, CIP 100050.009A, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 WHEREAS, the Bus Stop Infrastructure and Accessibility Improvements Phase 9A 10 Project, CIP 100050.009A (the "Project"), is a roadway improvements project to improve 11 public accessibility, transportation and safety within the City; and 12 13 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 14 public necessity exists for the construction of this important roadway project to improve 15 accessibility, transportation and safety within the City and for other related public purposes 16 for the preservation of the safety, health, peace, good order, comfort, convenience, and for 17 the welfare of the people in the City of Virginia Beach; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 Section 1 . That the City Council authorizes the acquisition by purchase or 23 condemnation pursuant to Sections 15.2-1901, et seq., Section 15.2-2109, and Title 25.1 of 24 the Code of Virginia of 1950, as amended, of all those certain temporary and permanent 25 easements (the "Property"), as shown on the Project plans entitled "BUS STOP 26 INFRASTRUCTURE AND ACCESSIBILITY IMPROVEMENTS PHASE 9A PWCN-24-0029 27 CIP 100050.009A" and more specifically described on the acquisition plats for the Project 28 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the 29 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be made 32 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 33 offer to the owners or persons having an interest in said Property. If refused, the City 34 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to 35 condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 t h day of 38 November , 2024. CA16570 PREPARED: 8/27/2024 R-1 \\Vbgov.com\dfs1\Applications\CityLaw\Cycom32\W PDOCS\D004\P046\00990391.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM r P9131-IC WORKSAML ESTATE CITY TORN Y 49 ITEM— VII.L.6 ORDINANCESIRESOL UTIONS ITEM#76336 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date.for satisfying the conditions in the matter of Whitney W. Elliot re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 218 SS`k Street, Unit B 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 November 12, 2024 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF WHITNEY W. ELLIOTT FOR THE 4 CLOSURE OF ONE-HALF OF AN 5 UNIMPROVED, UNNAMED ALLEY ADJACENT 6 TO THE REAR OF 218 55TH STREET, UNIT B 7 8 WHEREAS, on November 14, 2023, the Council of the City of Virginia Beach 9 acted upon the application of Whitney W. Elliott (the "Applicant") for the closure of one- 10 half of an unimproved, unnamed alley adjacent to the rear of 218 55th Street, Unit B; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3753Q) to close, 13 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 14 conditions being met on or before November 13, 2024; and 15 16 WHEREAS, on October 8, 2024, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on November 14, 2023 (ORD-3753Q), upon application of Whitney W. Elliott, is 24 extended to November 13, 2025. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day 27 of November , 2024. 28 29 No GPIN assigned (City Right-of-Way) 30 Adjacent to GPIN: 2419-70-6052-0002 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA 16581 R-1 October 22, 2024 50 ITEM— VII.L.7 ORDINANCESIRESOL UTIONS ITEM#7633 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions in the matter of Matthew E. Mancoll and Robin A. Mancoll re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 219 54`h Street 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 November 12, 2024 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF MATTHEW E. MANCOLL AND 4 ROBIN A. MANCOLL FOR THE CLOSURE OF 5 ONE-HALF OF AN UNIMPROVED, UNNAMED 6 ALLEY ADJACENT TO THE REAR OF 219 7 54TH STREET 8 9 WHEREAS, on November 14, 2023, the Council of the City of Virginia Beach 10 acted upon the application of Matthew E. Mancoll and Robin A. Mancoll (the 11 "Applicants") for the closure of one-half of an unimproved, unnamed alley adjacent to 12 the rear of 219 54th Street; 13 14 WHEREAS, City Council adopted an Ordinance (ORD-3753P) to close 15 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 16 conditions being met on or before November 13, 2024; and 17 18 WHEREAS, on October 8, 2024, the Applicants requested an extension of time 19 to satisfy the conditions to the aforesaid street closure action. 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 22 Beach, Virginia: 23 24 That the date for meeting conditions of closure as stated in the Ordinance 25 adopted on November 14, 2023 (ORD-3753P), upon application of Matthew E. Mancoll 26 and Robin A. Mancoll, is extended to November 13, 2025. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day 29 of November _, 2024. 30 31 No GPIN assigned (City Right-of-Way) 32 Adjacent to GPIN: 2418-79-6899 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorne CA16580 R-1 October 22, 2024 51 ITEM— VU L 8 ORDINANCES/RESOLUTIONS ITEM#76338 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BYCONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City- owned right-of-way known as Artic Avenue for Grill Virginia Beach,LLC at Atlantic Park re construct and maintain a patio, fixed railing, planter boxes, pergola/trellis support posts and concrete footers DISTRICT 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 November 12, 2024 1 AN ORDINANCE TO AUTHORIZE TEMPORARY 2 ENCROACHMENTS INTO PORTIONS OF CITY RIGHT- 3 OF-WAY KNOWN AS ARCTIC AVENUE FOR GRILL 4 VIRGINIA BEACH, LLC, AT ATLANTIC PARK 5 6 WHEREAS, as part of the Atlantic Park development project, Grill Virginia Beach, 7 LLC, a Virginia limited liability company (the "Applicant") has requested permission to 8 encroach into a portion of City right-of-way in connection with establishment of an outdoor 9 sidewalk cafe; 10 11 WHEREAS, the Applicant proposes to construct and maintain a patio, fixed railing, 12 planter boxes, pergola/trellis support posts and concrete footers, consisting of 13 approximately 191 sq. ft., and extending approximately 5 ft. into the City's right-of-way 14 known as Arctic Avenue (the "Temporary Encroachments"); 15 16 WHEREAS, the Applicant will maintain a minimum of 8 ft. of sidewalk space 17 between the Temporary Encroachments and the curbs and gutters of the right-of-way; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 27 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns and 28 successors in title are authorized to construct and maintain the Temporary Encroachments 29 within the City's right-of-way as shown on the exhibit, a copy of which is attached hereto as 30 Exhibit A, and on file in the Department of Public Works and to which reference is made for 31 a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachments are expressly 34 subject to those terms, conditions and criteria contained in the agreement between the City 35 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 36 been presented to the Council in its agenda, and will be recorded among the records of the 37 Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as the Applicant and the City Manager or his authorized designee execute the 44 Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 th day of 46 November 92024 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FOR PUBLIC WORKS, REAL ESTATE CITY ATTORNE CA16578-A \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d025\p046\01001704.doc R-1 October 29, 2024 EXHIBIT A EXISTING R/W S13I51'32"E204.67 NORTHWEST BUILDING S76'08'28"W �' BAB®ULLOING 40 PARC L NW NEW PROPOSED'THE GRILL o 8'-5" CITY OF VIRGINIA BEACH VIRGINIA BEACH,LLC ENCROACHMENT(PATIO DE�EL OPMENT AUTHORITY TRELLIS AND PATIO SEATING) 8'-0, GPIN.• 2427-07-5785 TOTAL AREA BEYOND PREVIOUSLY APPROVED IN # 202207000196 ENCROACHMENT(ORD-3712E): (191 SF)-MAX PROJECTION:5.9' r< THIS EXHIBIT IS A RESULT OF FIELD TIES TO PREVIOUSLY APPROVED EXISTING MONUMENTS COMBINED WITH THE 131 SF CONCRETE COMPILATION OF DEEDS AND PLATS SHOWN 2ND STORY BALCONY 71-0" z HEREON AND DOES NOT CONSTITUTE A SEPTEMBER 20, 2022 119 36.1' BOUNDARY SURVEY. ORDINANCE ORD-3712E 10'- " w EXISTING R/W 24 e' BAS EBUILDWG BASEBULDING BUNTER PLANTER sn J- )i S76'08'28"W-200.00' •• ..t 1 a 19TH STREET 1 ------ (80' PUBLIC R/W) (M.B. 1, PG. 208) = AW "I,''''� ,D " rRB�'°"�"ta Zave 1 LO. NO. 05�9 0 10' 20' 8 {�� gI NAL ' EXHIBIT Kim11c;;y>>> Horn SHOWING PROPOSED ENCROACHMENTS FOR"THE .us MAIN SWIM,SUITE IWO.NRGINIA BEACH.V%23,"2 GRILL VIRGINIA BEACH, LLC"AT RN°"`' r"-2"N°"°° IMB'W.gYIFY-HCRN.CCN ATLANTIC PARK, INC. PROPOSED SITE PROJECT# 116607010 VIRGINIA BEACH,VIRGINIA OCTOBER 25, 2024 SCALE: 1" =20' 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 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, "City" (for indexing purposes "Grantor"), and GRILL VIRGINIA BEACH, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Tenant" (for indexing purposes "Grantee") and VENTURE WAVES MIXED USE, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Venture" (for indexing purposes "Grantee"). WITNESSETH: WHEREAS, the Tenant has entered into a lease agreement with Venture by which the Tenant leases from Venture and Venture leases to the Tenant certain premises located within a portion of the Atlantic Park Condominium Phase 1 NWC- Northwest Commercial Unit 5 (GPIN: 2427-07-5785-0005), designated and described as Parcel "NW" as shown on that certain plat entitled: "EXHIBIT B CONDOMINIUM PLAT OF ATLANTIC PARK CONDOMINIUM PHASE 1 VIRGINIA BEACH, VIRGINIA," Scale 1" = 40', dated October 14, 2022, prepared by WPL, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 202307000001, and being further designated, known, and described as 405 191n Street, Suite 115, Virginia Beach, Virginia 23451; GPIN: NO GPIN - CITY RIGHT-OF-WAY (ARCTIC AVENUE) 2427-07-5785-0005 (405 19t" STREET SUITE 115) WHEREAS, it is proposed by the Tenant to construct and maintain a patio, fixed railing, planter boxes, pergola/trellis support posts and concrete footers, consisting of approximately 191 total sq. ft., extending approximately 5' into the public right of way, and leaving a minimum of 8' of sidewalk between the all encroachments and the curb and gutter (collectively, the "Temporary Encroachment"), in the City of Virginia Beach. The Temporary Encroachments are further shown on the approved site plan entitled: "SITE DEVELOPMENT PLANS FOR ATLANTIC PARK VIRGINIA BEACH, VA", dated September 9, 2022 on file with the City's Dept. of Planning; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Tenant encroach into a portion of an existing City public right of way known as Arctic Avenue (between 191h Street and 20th Street) (the "Encroachment Area"; and WHEREAS, the Tenant 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 Tenant 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 Tenant 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 2 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: SEE EXHIBIT A ATTACHED HERETO Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Tenant to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Tenant 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 Tenant, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Tenant; and that the Tenant will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Tenant 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 Tenant. 3 It is further expressly understood and agreed that the Tenant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Tenant must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Tenant agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Tenant must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Tenant and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Tenant must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Tenant must obtain and keep in effect liability insurance with the City named as an additional insured in an amount not less than $1 ,000,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and 4 licensed to provide insurance in the Commonwealth of Virginia. The Tenant 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 Tenant 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 Tenant shall connect with sanitary sewer facilities only when they become available, within the time stipulated by the City and that plans must be submitted to the Department of Public Utilities for review. 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 Tenant must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Tenant, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Tenant to remove the Temporary Encroachment; and pending such removal, the City may charge the Tenant for the use of the Encroachment Area, the equivalent of what would 5 be the real property tax upon the land so occupied if it were owned by the Tenant; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY MANAGER / AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY CLERK / AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: 7 GRILL VIRGINIA BEACH, LLC, a Virginia limited liability company By: (SEAL) Name: JASON BERRY Title: PRINCIPAL STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this day of 2024, by (name) (title) of Grill Virginia Beach, LLC, a Virginia limited liability company, on its behalf. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 8 VENTURE WAVES MIXED USE, LLC, a Virginia limited liability company By: (SEAL) Name: ('",8n t-=f Title: P%C,c STATE OF CITY/COUNTY OF WytP-Ac- l to-wit: The foregoing instrument was acknowledged before me this o3 " day of 4LTa$�(L 2024, by (name) IAZu.10,97-L (title) of Venture Waves Mixed Use, LLC, a Virginia limited liability company, on its behalf. ��G (SEAL) NOTARY PUBLIC My Commission Expires: wla0lao4-1 •` yP `Q O My Registration Number: 14p iyKrj A :•"PRY pug•,sy ti�20 MY O n COMMISSION NUMBER g 7061445 �Z O [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 9 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS REAL ESTATE CITY ATTORNEY 10 EXHIBIT A EXISTING R/W S13I51'32"E204.67 # NORTHWEST BUILDING S76`08'28"W BASEBUILDING - 40 ARCE`L NW NEW PROPOSED"THE GRILL 81-5" CITY OF VIRGINIA BEACH VIRGINIA BEACH,LLC" ENCROACHMENT(PATIODEVELOPMENT AUTHORITY TRELLIS AND PATIO SEATING) \ - 81-011 GPIN.• 2427—07—5785 TOTAL AREA BEYOND PREVIOUSLY APPROVED a -a W IN # 202207000196 ENCROACHMENT(ORD-3712E): (191 SF)-MAX PROJECTION:5.9' -- THIS EXHIBIT IS A RESULT OF FIELD TIES TO PREVIOUSLY APPROVED 71t, - EXISTING MONUMENTS COMBINED WITH THE 131 SF CONCRETE COMPILATION OF DEEDS AND PLATS SHOWN 2ND STORY BALCONY u 7'-0" HEREON AND DOES NOT CONSTITUTE A SEPTEMBER 20, 2022 _, 9 36.1' BOUNDARY SURVEY. ORDINANCE ORD-3712E 101- 11 W c EXISTING R W m / 24.81 BASEBUILDING BASEBUILDING PLANTER PUNTER 1 (� • W O S76.08'28"W-200 000' ` O O p 19TH STREET � LTH ply, (80 PUBLIC R/W) { V (M.B. 1, PG. 20B) .t Lie. No" 052M e'ONAL EXHIBIT A SHOWING Kiml%;;y Horn PROPOSED ENCROACHMENTS FOR"THE 4525 NAM STREET,SUITE 1000.VIRGINIA BEACH,VA 23"2 GRILL VIRGINIA BEACH, LLC"AT PHONE:737-213_lB00 WWW.KINIFY-NORN.CON ATLANTIC PARK, INC. PROPOSED SITE PROJECT# 116607010 VIRGINIA BEACH,VIRGINIA OCTOBER 25, 2024 SCALE: 1"=20' 52 ITEM— VII.L.9 ORDINANCESIRESOL UTIONS ITEM#76339 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of City right-of-way known as 20`h Street for Mi Vida Virginia Beach, LLC, at Atlantic Park re construct and maintain a patio, railing,pergola, and support posts and concrete footers DISTRICT 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 November 12, 2024 1 AN ORDINANCE TO AUTHORIZE TEMPORARY 2 ENCROACHMENTS INTO PORTIONS OF CITY RIGHT- 3 OF-WAY KNOWN AS 20TH STREET FOR MI VIDA 4 VIRGINIA BEACH, LLC, AT ATLANTIC PARK 5 6 WHEREAS, as part of the Atlantic Park development project, Mi Vida Virginia Beach, 7 LLC, a Virginia limited liability company (the "Applicant") has requested permission to 8 encroach into a portion of City right-of-way in connection with establishment of an outdoor 9 sidewalk cafe; 10 11 WHEREAS, the Applicant proposes to construct and maintain a patio, railing, 12 pergola, support posts and concrete footers, consisting of approximately 44 sq. ft., and 13 extending approximately 3 ft. into the City's right-of-way known as 20th Street (the 14 Temporary Encroachments"). 15 16 WHEREAS, the Applicant will maintain a minimum of 8 ft. of sidewalk space 17 between the Temporary Encroachments and the curbs and gutters of the right-of-way;and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 27 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns and 28 successors in title are authorized to construct and maintain the Temporary Encroachments 29 within the City's right-of-way as shown on the exhibit, a copy of which is attached hereto as 30 Exhibit A, and on file in the Department of Public Works and to which reference is made for 31 a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachments are expressly 34 subject to those terms, conditions and criteria contained in the agreement between the City 35 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 36 been presented to the Council in its agenda, and will be recorded among the records of the 37 Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as the Applicant and the City Manager or his authorized designee execute the 44 Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of 46 November , 20 24 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: FYUBLIC WORKS, PEAL ESTATE CITY ATTORNEY CA16578-B \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d025\p046\01001704.doc R-1 October 29, 2024 EXHIBIT A o° - °°° PREVIOUSLY APPROVED.., 20TH STREET 39 SF CONCRETE (80' PUBLIC R/W) PATIO AND CO RG/VA3i 3.0' TALL �(M.B. 1, PG. 20b> NRgOO/NA 31 So�TLA 86feg3�,�HN1 NF LANDSCAPING NEW PROPOSED"MI VIDA VIRGINIA BEACH, RETAINING WALL LLC"ENCORACHMENT(PATIO TRELLIS AND SEPTEMBER 20, 2022 PATIO SEATING)TOTAL AREA BEYOND ORDINANCE ORD-3712E PREVIOUSLY APPROVED ENCROACHMENT (ORD-3712E):44 S.F.,MAX PROJECTION BEYOND PROP.LINE:3.2 FEET. — — — — — — OO ALL LANDSCAPING AS PREVIOUSLY APPROVED. 15' ° 3.1'-► 1.5' W 0"E 500.00' 1 - 3. -► 10 12 8 27.6 in z °' EXISTING R/W `° PARCEL N Lu CITY OF VIRGINIA BEACH o J DEVELOPMENT AUTHORITY o GP/N.- 2427- 17-0960 M IN 20220700195 I Z NORTH BUILDING - v EXISTING R/W �I 6- PROPERTY LINE M I oil j PARCEL VL—2 p,LTH 0 m CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY GP/N.- 2427-07-8854 ' IN # 20220700195 rx No. 052296 THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS �0•Aa,�"�0�����,t►�� COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN 0 10' 20' `9i4?01(A/L HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. EXHIBITA SHOWING Kimley* Horn PROPOSED ENCROACHMENTS FOR 4525 MAIN STREET,SUITE 1000.VIRGINIA BEACH,VA 23462 PHONE. 757-213-%OO "MI VIDA VIRGINIA BEACH, LLC" AT WWW.KIMLEV-HORN.COM ATLANTIC PARK, INC. PROPOSED SITE PROJECT# 116607010 VIRGINIA BEACH,VIRGINIA OCTOBER 25, 2024 SCALE: 1" -20' 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 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, "City" (for indexing purposes "Grantor"), and MI VIDA VIRGINIA BEACH, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Tenant" (for indexing purposes "Grantee") and VENTURE WAVES MIXED USE, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Venture" (for indexing purposes "Grantee"). WITNESSETH: WHEREAS, the Tenant has entered into a lease agreement with Venture by which the Tenant leases from Venture and Venture leases to the Tenant certain premises located within a portion of the Atlantic Park Condominium Phase 1 NC-North Commercial Unit 4 (GPIN: 2427-17-0960-0004), designated and described as Parcel "N" as shown on that certain plat entitled: "EXHIBIT B CONDOMINIUM PLAT OF ATLANTIC PARK CONDOMINIUM PHASE 1 VIRGINIA BEACH, VIRGINIA," Scale 1" = 40', dated October 14, 2022, prepared by WPL, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 202307000001, and being further designated, known, and described as 332 20th Street, Suite 120, Virginia Beach, Virginia 23451; GPIN: NO GPIN - CITY RIGHT-OF-WAY (ARCTIC AVENUE) 2427-17-0960-0004 (332 20th STREET, SUITE 120) WHEREAS, it is proposed by the Tenant to construct and maintain a patio, railing, pergola and support posts and concrete footers, consisting of approximately 44 sq. ft., extending approximately 3 ft. into the City public right-of-way, and leaving a minimum of 8' of sidewalk between all encroachment and the curb and gutter (collectively, the "Temporary Encroachment"), in the City of Virginia Beach. The Temporary Encroachments are further shown on the approved site plan entitled "SITE DEVELOPMENT PLANS FOR ATLANTIC PARK VIRGINIA BEACH, VA", dated September 9, 2022, on file with the City's Dept. of Planning; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Tenant encroach into a portion of an existing City public right of way known as 20t" Street between Pacific Avenue and Arctic Avenue, the "Encroachment Area"; and WHEREAS, the Tenant 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 Tenant 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 Tenant 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: SEE EXHIBIT A ATTACHED HERETO Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Tenant to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Tenant 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 Tenant, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Tenant; and that the Tenant will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Tenant 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 Tenant. 3 It is further expressly understood and agreed that the Tenant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Tenant must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Tenant agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Tenant must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Tenant and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Tenant must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Tenant must obtain and keep in effect liability insurance with the City named as an additional insured in an amount not less than $1,000,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and 4 licensed to provide insurance in the Commonwealth of Virginia. The Tenant 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 Tenant 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 Tenant shall connect with sanitary sewer facilities only when they become available, within the time stipulated by the City and that plans must be submitted to the Department of Public Utilities for review. 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 Tenant must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Tenant, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Tenant to remove the Temporary Encroachment; and pending such removal, the City may charge the Tenant for the use of the Encroachment Area, the equivalent of what would 5 be the real property tax upon the land so occupied if it were owned by the Tenant; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 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 Commission Expires: My Registration Number.- (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. He/She is personally known to me. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: 7 MI VIDA VIRGINIA BEACH, LLC, a Virginia limited liability company By (SEAL) Name: JASON BERRY Title: PRINCIPAL STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by (name) (title) of Mi Vida Virginia Beach, LLC, a Virginia limited liability company. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 8 VENTURE WAVES MIXED USE, LLC, a Virginia limited liability company By: v (SEAL) Name: _ _ A. t•�P,rr .✓ Title: n�� STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this 30�`� day of � , 2024, by (name) M�-, +�L CtL appg?_ (title) Mkt, & of Venture Waves Mixed Use, LLC, a Virginia limited liability company, on its behalf. D (SEAL) NOTARY PUBLIC My Commission Expires: Q_1*3 2 � \56�P My Registration Number: -Tz>Sej44g5 .•'�° Y G. moo:« 0N o 4q [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 9 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BLIC�WORKS - REAL ESTATE CITY ATTORNEY 10 EXHIBIT A e• °"e I °oO e• •°e e PREVIOUSLY APPROVED 20TH STREET 39 SF CONCRETE (80' PUBLIC R/W) PATIO AND (M.B. 1 PG. 20b) ��ORpN STgTEp 3.0 TALL ,ee3«;RE LANDSCAPING NEW PROPOSED"MI VIDA VIRGINIA BEACH RETAINING WALL LLC"ENCORACHMENT(PATIO TRELLIS AND SEPTEMBER 20, 2022 PA TIO SEATING)TOTAL AREA BEYOND ORDINANCE ORD-3712E PRE VIOUSLY APPROVED ENCROACHMENT (ORD-3712E):44 S.F.,MAX PROJECTION BEYOND PROP.LINE:3.2 FEET. — —— —— — �. �. (9) ) ••°°`° ALL LANDSCAPING AS PREVIOUSLY °°°• APPROVED. 15' e. s> 1.5' W 3. '♦ N 76'10'00"E 500 00' - - 12.8' '27.6". — Z EXISTING R/W co s PARCEL N o W CITY OF VIRGINIA BEACH o DEVELOPMENT AUTHORITY o GPIN: 2427- 17—0960 Lo ° IN # 20220700195 o z i NORTH BUILDING N 1 EXISTING R/W PROPERTY LINE j PARCEL VL—2 �LTH o I m CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY GPIN. 2427-07-8854 IN # 20220700195Ell m THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS 4k COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN 0 10' 20' at HEREON AND DOES NOT CONSTITUTE BOUNDARY SURVEY. �88I pXAL I SHSOWOWINNGG K i m I eryo)) H o r n PROPOSED ENCROACHMENTS FOR 4525 MAIN STREET,SUITE 1000.VIRGINIA BEACH,VA 23462 "MI VIDA VIRGINIA BEACH, LLC" AT PHONE 757— WWW.KIMLEY—HORN.COO ORN.COM ATLANTIC PARK, INC. PROPOSED SITE PROJECT# 116607010 VIRGINIA BEACH,VIRGINIA OCTOBER 25, 2024 SCALE: 1"=20' 53 ITEM— VII.L.10 ORDINANCESIRESOL UTIONS ITEM#76340 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council , ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a 100 foot City- owned drainage easement and a 5-foot City-owned drainage and utility easement located at the rear of 5345 Fairfield Boulevard re construct and maintain a timber pier with an L Head and maintain an existing timber shed DISTRICT I 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 November 12, 2024 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A 100' CITY-OWNED DRAINAGE 6 EASEMENT AND INTO A 5' CITY- 7 OWNED DRAINAGE AND UTILITY 8 EASEMENT, LOCATED AT THE REAR 9 OF 5345 FAIRFIELD BLVD. 10 11 WHEREAS, Edward James Evard and Jacqueline Ann Evard (the 12 "Applicants"), request permission to construct and maintain a 12'x 88.1'timber pier with an 13 L-Head and to maintain an existing 8' x 8' timber shed, (collectively, the "Temporary 14 Encroachment") into a 100' City-owned drainage easement and into a 5' City-owned 15 drainage and utility easement, located at the rear of 5345 Fairfield Blvd, (GPIN: 1466-48- 16 3495); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City easements subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 27 assigns and successors in title are authorized to maintain the Temporary Encroachment 28 within the City-owned easements as shown on the map entitled: "EXHIBIT 'A' — 29 ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER FOR: EDWARD J. & 30 JACQUELINE A. EVARD 5345 FAIRFIELD BOULEVARD GPIN: 1466-48-3495-0000 31 PART OF LOT 59, BLOCK 59, SECTION 5, FAIRFIELD M.B. 87, PG. 16 & INST: 32 20200601000465830," Scale: 1" = 50', dated November 6, 2023, prepared by Stone Green 33 Consulting, LLC, a copy of which is attached hereto as Exhibit A, on file in the Department 34 of Public Works and to which reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the agreement between the City 38 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 39 been presented to the Council in its agenda, and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Applicants and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 t h 51 day of November , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: �JLIJ *PBL WOWS / REAL ESTATE . HARMEYER DEPUTY CITY ATTORNEY CA16554 R-2 Prepared: 08/21/2024 11vbgov.com1dfs1la pplications\citylaw\cycom32\wpdocs1d0221p057\00988195.doc EVARD ENCROACHMENT EXHIBIT i W W �' W �. W 4 W �. W W W y •,, y W W M LW W W � 8 y J 1 1 Wy W W W W W SEX.MARSH W W �� °27'��" W v� 11 1' EX.,�MARSH W,P W y W W •Y W W W W W W _ W W y ` y W y W W W W W W JAW Y- 26.7' WMLW W W W M.B. " PG: 16 D.B 1482 ` PGS.544-545 V, W W A W W v W W W •L v, o v W LOT 58 L W y y NOW OR FORMERLY W W LAURIE A. BLATH& STEPHANIE A.THOMPSON y GPIN: 1466-48-3343 •� y W W W W p0 '�/ y W y INST:202306000283 W \ G W y M.B.87,PG. 16 PROPOSED W W W d I PRIVATE PIER y W �a W 100'DRAINAGE WITH L-H y Y y y EASEMENT PER I W RE in MOVE EX. � \ M.B.87,PG.16 \ W W �/° �_W Ln PIER FRAMING \ \ W W W W N• 00 S VI W •Y W S'SIDE AND REAR EASEMENT ILU LOT 60&PART OF LOT 59 FOR DRAINAGE&UTILITIES o NOW OR FORMERLY PER M.B.87,PG.16 I^' GEORGE& 2.0' CHRYSANTHIE Z. BESSINAS y y EX.MARSH I EXISTING GPIN: 1466-48-4546 8'x8' INST:20141209001158420 W TIMBER SHED M.B.87, PG. 16 2 STY. FRAME D.B. 1482, PGS. 544-545 1. THIS PLAN WAS PREPARED WITHOUT #5345 1.2 THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN pL T H ENCROACHMENT REQUEST ONLY. o I I� 3. THIS EXHIBIT IS A RESULT OF FIELD m TIES TO EXISTING MONUMENTS 00I Loo �� �C COMBINED WITH THE COMPILATION ;o -4 2 OF DEEDS AND PLATS SHOWN ^ C HEREON AND DOES NOT CONSTITUTE Z R=50.00' � pF " SEAN E. GREEN n A BOUNDARY SURVEY. L=40.38' : vti p'1 LIC. N0. 0402064005 4. THE CITY OF VIRGINIA BEACH IS NOT �5• -0 RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 19 24 FB S�1�OO ASS O / \ NOTE: Ll IS A LINE SHOWING FAIRFIELD A CONVEYANCE BY DEED BOULEVARD 0 50 100 FROM LOT 59 TO LOT 60 PER 50'RIGHT-OF-WAY D.B. 1482, PGS.544-545 SCALE: 1"=50' S 27°57'20" E 123.93' (REF. M.B. 87, PG. 16J � � EXHIBIT A - ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER & EXISTING TIMBER SHED ENGINEERING SERVICES PROVIDED BY: FOR: EDWARD J. &JACQUELINE A. EVARD STONE GREEN CONSULTING, LLC 5345 FAIRFIELD BOULEVARD 4014 MEDINA ROAD#1015,AKRON, OH 44333 GPIN: 1466-48-3495-0000 (330) 400-3811 PART OF LOT 59, BLOCK A, SECTION 5, FAIRFIELD M.B. 87, PG. 16& INST: 20200601000465830 ©2024 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED AUGUST 12, 2024 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 , 20Zq, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and EDWARD JAMES EVARD and JACQUELINE ANN EVARD, 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 Part of Lot "59" as shown on that certain plat entitled: "SUBDIVISION OF FAIRFIELD SECTION FIVE KEMPSVILLE BOROUGH — VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated November 1970, prepared by Marsh and Basgier Consulting Engineers , which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 87, at page 16, and being further designated, known, and described as 5345 Fairfield Boulevard, Virginia Beach, Virginia 23464; WHEREAS, it is proposed by the Grantee to construct and maintain a 12' x 88.1' timber pier with L-Head and to maintain an existing 8' x 8' timber shed, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 100' DRAINAGE EASEMENT (NO GPIN ASSIGNED) 5' DRAINAGE AND UTILITY EASEMENT (NO GPIN ASSIGNED) 1466-48-3495 (5345 FAIRFIELD BOULEVARD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a 100' City-owned drainage easement 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 A PROPOSED TIMBER PIER & EXISTING TIMBER SHED FOR: EDWARD J. & JACQUELINE A. EVARD 5345 FAIRFIELD BOULEVARD GPIN: 1466-48-3495-0000 PART OF LOT 59, BLOCK A, SECTION 5, FAIRFIELD M.B. 87, PG. 16 & INST: 20200601000465830," Scale: 1" = 50', dated August 12, 2024, and 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. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments 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 encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 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, EDWARD JAMES EVARD and JACQUELINE ANN EVARD, 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 , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (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 , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 ward James Evard Jacqueline Ann Evard STATE OF �- CITY/COUNTY OF V vtl 6L to-wit: J �7 The foregoing instrument was acknowledged before me this day of CC 202L, by Edward James Evard and Jacqueline Ann E rd. 4 (SEAL) N tary Public `` My Notary Registration Nu►T}b r: �7 JUUA F.PENDIPTONNOTARYPTON My Commission Expires: lQ REG.OR M1WC COMMONWINWHOtNMW MY COMMIssi IF 45QINI iSSION EXPIR APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM XUWk1C WO S — REAL ESTATE D R DE TY CITY ATTORNEY 7 EVARD ENCROACHMENT EXHIBIT y W �' W W V• W W W W W W W W y W W W y W W W W W W W MLW \ W y W W W W W y W W W W W W W W SEX.AQARSIJ y y y y W N .27100 11 1'W EX.,MARSH W y W 26.7 A�W � J WMLW W W W W W W •B.`87 W PCk-16 W D.B. 1482 W PGS.544545 W y W W y y W W W v y '✓ W W W y � W � ,y. W W W s �{ W W W W y W W W W j I y y W W y W W y W O W y y y W W W LOT5B W NOW OR FORMERLY W W LAURIE A.BLATH& W W I W W W y y oW W W ;'•� \ V� W y W W W W W W STEPHANIE A.THOMPSON y J GPIN: 1466-48-3343 ° W W W W W W op0• jG �" y y W W I NST:202306000283 W y W W WO14 M.B.87,PG. 16 y W y TW _ W P�td'pOSf D y W y y RRIVE►'I'�PIER 100'`•DRAINAGEy y I W WLTH L-HEADW W W W W W EASEMENT PER \ \ W WLn W W ". �-- REMOVE EX. M.B 87,PG.16 y q. OC W W W PIER FRAMING W 00 W W y W y N• 5 � . W W W y S'SIDE AND REAR EASEMENT O0 y W// �w LOT 60&PART OF LOT 59 FOR DRAINAGE&UTILITIES C? NOW OR FORMERLY W W y PER M.B.87,PG.16 �^' GEORGE& y W W y W CHRYSANTHIE Z.BESSINAS W W EX.MARSH - EXISTING GPIN: 146&48-4546 8'x8' INST:20141209001158420 W 2 STY.F RAME TIMBER SHED M.B.87,PG. 16 D.B. 1482,PGS. 544-545 #53 12, 1. THIS PLAN WAS PREPARED WITHOUT 45 THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN 3 ENCROACHMENT REQUEST ONLY. T H 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS � I O�� � COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN Z O ? Z HEREON AND DOES NOT CONSTITUTE I R=50.00' h``� PF " SEAN E. GREEN A BOUNDARY SURVEY. L=40.38' • �� a� LIC. N0. 0402064005 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION �� 1 / A�L7" •� OF THE RESTRICTIONS REQUIRED BY PF O/, $-'I 9-2/ \`P OTHER ASSOCIATIONS OR AGENCIES. 8-19 FB sSN A L NOTE: Li IS A LINE SHOWING FAIRFIELD / A CONVEYANCE BY DEED BOULEVARD ` 0 50 100 FROM LOT 59 TO LOT 60 PER 50'RIGHT-OF-WAY D.B. 1482,�PGS.544-545 (REF:M.B. 87, PG. 16 SCALE: 1"=50' S 27"57 20 E 123.93 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER & EXISTING TIMBER SHED ENGINEERING SERVICES PROVIDED BY: FOR: EDWARD J. &JACQUELINE A. EVARD STONE GREEN CONSULTING, LLC 5345 FAIRFIELD BOULEVARD 4014 MEDINA ROAD#1015,AKRON, OH 44333 GPIN: 1466-48-3495-0000 (330)400-3811 PART OF LOT 59, BLOCK A,SECTION 5, FAIRFIELD M.B.87, PG. 16&INST:20200601000465830 ©2024 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED AUGUST 12, 2024 54 ITEM— VII.L.11 ORDINANCESIRESOL UTIONS ITEM#76341 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $451,360 from the Virginia Early Childhood Foundation and Old Dominion University Research Foundation to the FY 2024-25 Parks and Recreation Operating Budget re support programs focused on expanding access to preschool 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 November 12, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE FY 2024-25 OPERATING 3 BUDGET OF THE PARKS AND RECREATION FOR 4 EXPANDING ACCESS TO PRESCHOOL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $451,360 is hereby accepted from the Virginia Early Childhood Foundation and 10 Old Dominion University Research Foundation and appropriated, with revenue increased 11 accordingly, to the FY 2024-25 Operating Budget of the Parks and Recreation 12 Department for the purpose of support programs focused on expanding access to 13 preschool services. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 th day of November , 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: u get and Management Services City A rney's Office CA16670 R-1 October 30, 2024 55 ITEM— VII.L.12 ORDINANCESIRESOL UTIONS ITEM#76342 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $322,515 from the Virginia Department of Behavioral Health and Development Services to the FY2024-25 Human Services Operating Budget re workforce initiatives 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 November 12, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO THE DEPARTMENT OF HUMAN SERVICES FOR 3 WORKFORCE DEVELOPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $322,515 is hereby accepted from the Virginia Department of Behavioral Health 9 and Developmental Services and appropriated, with revenue increased accordingly, to 10 the FY 2024-25 Department of Human Services Operating Budget for workforce 11 initiatives. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of November , 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: --A "'_ 6&_&&EU3 ,//D-z Z4- =' udget and Management Services i y A rney's Office CA16674 R-1 October 30, 2024 56 ITEM— VILL.13 ORDINANCESIRESOL UTIONS ITEM#76343 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $2,535,000 from the Fund Balance of the General Fund re provide interest free loans to the volunteer rescue squad for the purchase of ambulances and equipment to outfit the ambulances 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 November 12, 2024 1 AN ORDINANCE TO APPROPRIATE $2,535,000 FROM 2 THE FUND BALANCE OF THE GENERAL FUND (1) TO 3 PROVIDE LOANS TO VOLUNTEER RESCUE SQUADS 4 FOR THE PURCHASE OF AMBULANCES AND (2) TO 5 OUTFIT THE AMBULANCES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1) $2,535,000 is hereby appropriated from the fund balance of the General Fund 11 for: 12 a. $1,710,000 for interest-free loans volunteer rescue squads for the 13 purchase of 5 new ambulances; and 14 b. $825,000 to the Department of Emergency Medical Services for the 15 purchase of equipment to outfit the ambulances. 16 17 2) The loans to the rescue squads shall require a loan agreement and a 18 promissory note. The loan agreement and note shall be in a form substantially 19 similar to loan agreement and promissory note attached hereto. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h day of November , 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY. Budget and Management Services '-city- ftorney's Office CA16680 R-2 November 6, 2024 Agreement between the City of Virginia Beach and the rescue squad] THIS AGREEMENT is made and entered into this day of , 2024,by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the [rescue squad] , a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS,the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, the CITY and RESCUE SQUAD desire to implement a loan forgiveness program contingent on future rescue squad funding availability and a right-of-refusal for the CITY; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). The CITY and RESCUE SQUAD desire for such loan to be paid over a period of years with a mutual understanding that no revenue source is readily available for repayment by the RESCUE SQUAD. Provided that a source is not identified prior to July 1,2030, all payments upon the loan and NOTE shall be discharged and forgiven by the CITY. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. 1 D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s) according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. The CITY shall have the first right-of-refusal to purchase the vehicle(s)prior to the RESCUE SQUAD offering such vehicle to any other potential purchaser. If the CITY forgives the loan based on subsection A in "Responsibilities of the City,"the purchase price for the CITY shall be $0. In all other instances, the purchase by the CITY will be at the then fair market value to be negotiated by the RESCUE SQUAD and CITY subject to an offset if a portion of the loan remains outstanding. The CITY'S refusal, if any, shall be reduced to writing. If the vehicle(s)be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If,notwithstanding the provisions of subsection E in the prior section,the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s) in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). 2 B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 3 PROMISSORY NOTE $ ,000.00 Virginia Beach, Virginia November , 2024 FOR VALUE RECEIVED, [rescue squad] , ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of [dollar amount]_($ .00) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before November 15, 2030 - $ .00 On or before November 15, 2031 - $ .00 On or before November 15, 2032 - $ .00 On or before November 15, 2033 - $ .00 On or before November 15, 2034 - $ .00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. Notwithstanding the preceding, this Promissory Note may be forgivable pursuant a repayment agreement between Maker and Noteholder. WITNESS the following signature(s). [rescue squad] (SEAL) Title: Date: 57 ITEM— VILL U ORDINANCESIRESOL UTIONS ITEM#76344 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE$430,659 from the Technology Trust Fund to FY 2024-25 the Clerk of the Circuit Court Operating Budget re support technological related needs and upgrades 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 November 12, 2024 1 AN ORDINANCE TO APPROPRIATE $430,659 TO THE 2 CLERK OF THE CIRCUIT COURT FOR TECHNOLOGY 3 RELATED EXPENSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $430,659 is hereby appropriated from the Technology Trust Fund, with revenue 9 increased accordingly,to the FY 2024-25 Operating Budget of the Clerk of the Circuit Court 10 to support technological related needs and upgrades. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h day of November , 2024. Requires an affirmative vote by a majority of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services 0vyftorney's Office CA16668 R-1 October 30, 2024 5s ITEM— VII.L.15 ORDINANCESIRESOL UTIONS ITEM#76345 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE$31,410 in Private Dredging Revenue to the Capital Improvement Program Project #100550 "Shadowlawn Area Dredging II" re access basin dredging agreements 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 November 12, 2024 1 AN ORDINANCE TO APPROPRIATE $31,410 IN 2 PRIVATE DREDGING REVENUE TO CAPITAL PROJECT 3 #100550, "SHADOWLAWN AREA DREDGING II" FOR 4 ACCESS BASIN DREDGING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $31,410 in private dredging revenue is hereby appropriated, with revenues 10 increased accordingly, to Capital Project #100550 "Shadowlawn Area Dredging II." 11 These funds will be used in accordance with access basin dredging agreements. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of November 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services avy orAfrrs Office CA16669 R-1 October 30, 2024 59 ITEM— VII.M.1 PLANNING ITEMS ITEM#76346 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, AS MODIFIED, AS CONDITIONED, BY CONSENT, application of ICEMPSVILLE CHRISTIAN CHURCH(AKA KEMPSVILLE CHURCH OF CHRISI)for a Modification of Conditions to a Conditional Use Permit re construct two(2)additions to the existing church building at 5424&5432 Parliament Drive DISTRICT I BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KEMPSVILLE CHRISTIAN CHURCH (AKA KEMPSVILLE CHURCH OF CHRIST) for a Modification of Conditions to a Conditional Use Permit re construct two (2) additions to the existing church building at 5424&5432 Parliament Drive(GPINs 1467431335 and 1467430780))DISTRICT 1 The following conditions shall be required: 1. All conditions of approval attached to the Conditional Use Permit granted by the City Council on December 5, 2006, shall be deleted, and replaced with the following conditions. 2. The additions and site improvements shall be developed in substantial conformance with the concept plans entitled "KCC Building Additions — Site Plan Concept Plan"prepared by Land Turtle Engineering, LLC, dated August 14, 2024 and "KCC Building Additions — Concept Plan W Overall Site"prepared by Land Turtle Engineering, LLC, dated August 14, 2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The additions shall be developed in substantial conformance with the elevations entitled "Kempsville Christian Church Elevations—Exterior"and prepared by Ionic DeZign Studios and dated August 14, 2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 4. The exterior renovations of the existing building shall be developed in substantial conformance with the renderings entitled "Kempsville Christian Church Master Plan," prepared by Ionic DeZign Studios which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 5. The site shall be landscaped in substantial conformance with the conceptplan entitled"KCC Building Additions—Site Plan Concept Plan"prepared by Land Turtle Engineering, LLC, dated August 14, 2024 and renderings entitled "Kempsville Christian Church Master Plan," prepared by Ionic DeZign Studios and dated March 4, 2024, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. November 12, 2024 60 ITEM— VUM.l PLANNING ITEMS ITEM#76346 (Continued) 6. The stormwater management plan shall be updated and submitted to the Development Services Center during final site plan review for water quantity and quality in accordance with the Public Works Specifications and Standards to include all new development and existing conditions. The stormwater management plan shall provide protection from detrimentally impacting all downstream receiving storm drain systems. 7. Per Section 5A.4 of the Site Plan Ordinance,Interior parking lot coverage requirements shall be met to include installation of parking lot trees within the existing parking lot on site and shall be approved as part of site plan review and approval. 8. The applicant shall coordinate with appropriate City departments (such as Planning & Community Development and Parks&Recreation)to determine if an agreement can be made to provide parking and appropriate access to the Virginia Beach Trail from the applicant's properties on Parliament Drive. 9. The proposed sidewalk must be extended to the northern property line. 10. The two current handicap ramps along Parliament Drive shall be replaced. 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 12t' day of November Two Thousand Twenty Four. 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 November 12, 2024 1 A-36 CP c] ❑ 0 0 R10 J PDH2 (R5D) 13 R10 PDH2 R5D ( ) o I 0 R�1-0 ❑ , P D.H2 (P 1 ) w R'I 0 0 RI0 PDH2 (P1 ) � n o R10 t Sri\ R 10 o R-1;0 R l-, J �R,i 0 R7 05 R/7�'S, o o R-1.0\ s `� o R110 0 R7.5 R7.5 C N ® Kempsville Christian Church site W E 5424 & 5432 Parliament Drive 5 Property Polygons �s Zoning =Feet Building 0 4080 160 240 320 400 480 61 ITEM— VII.M.2 PLANNING ITEMS ITEM#76347 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re The Urban Forest Management Plan, 2023, which will supersede the Urban Forest Management Plan,2014(Deferred from October 15, 2024) Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 12, 2024 62 ITEM— VII.M.3 PLANNING ITEMS ITEM#76348 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Ordinance to AMEND Section 1501 of the City Zoning Ordinance (CZO) re eating and drinking establishments in the RT-1 Zoning District 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 November 12, 2024 1 AN ORDINANCE TO AMEND SECTION 1501 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING EATING AND DRINKING 4 ESTABLISHMENTS 5 6 Section Amended: § 1501 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 1501 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 1501. Use regulations. 18 19 (a) The following chart lists those uses permitted within the RT-1 Resort Tourist District 20 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 21 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 22 220 et seq.). No uses or structures other than those specified shall be permitted. All 23 uses, whether principal or conditional, should to the greatest extent possible adhere to 24 the provisions of the Oceanfront Resort Area Design Guidelines. 25 26 . . . . 27 Use RT-1 Eating and drinking establishment G-P . e}I69b9�i6-beyeFages are 6e Fedi and (ii)the establiG enc eXGrude$ Pef6GR6 en the bases of age d aFt of the day Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day Of November 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning Department City Attorney's Office CA16650 R-1 September 4, 2024 63 ITEM— V1LN APPOINTMENTS ITEM#76349 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD COG REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD EASTERN VA REGIONAL INDUSTRIAL FACILITYAUTH. GREEN RIBBON COMMITTEE HEALTH SERVICES AD VISOR Y BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD RESORT ADVISORY COMMISSION STORMWATER MANAGEMENT IMPLEMENTA TION AD VISOR Y GROUP URBAN A GRICUL TURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION November 12, 2024 64 ITEM— VILN APPOINTMENTS ITEM#76350 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: SUSANNA DOYLE Three year term 1111212024—1113012027 CLEAN COMMUNITY 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 November 12, 2024 65 ITEM— VII.N APPOINTMENTS ITEM#76351 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: ANDY BRAN Unexpired term thru 212912028 MILITARYECONOMIC DEVELOPMENT 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 November 12, 2024 66 ADJOURNMENT ITEM#76352 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 7.44 P.M. (;e�rrithelius Chief Deputy City Clerk A nda Barnes,AYMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia November 12, 2024 67 OPEN DIALOGUE The following registered to speak.- Dennis Jemison did not respond Hanna Merk did not respond Terry Scott, 1419 Rodeo Drive, Phone: 837-6838, requested assistance to address excessive noise coming from neighbors loud muffler Joseph Mahacheck, 1228 Graylyn Road, Phone: 845-239-7474, spoke about Wreaths Across America initiative Nihal Gokus, 4701 Hermitage Road, Phone: 277-3884, requested City Council's support for a Resolution requesting a ceasefire in Palestine Anissa Eckhart,3211 Creekside Drive,Phone:264-3383,requested City Council's support for a Resolution requesting a ceasefire in Palestine Tauqir Bibi, 2665 Salem Road, Phone: 515-451-1517, requested City Council's support for a Resolution requesting a ceasefire in Palestine Peyam Sadiq, 1512 Millington Drive,Phone:240-3589, requested City Council's support for a Resolution requesting a ceasefire in Palestine Shaista Kareem, 4169 Archstone Drive, Phone: 773-7863, requested City Council's support for a Resolution requesting a ceasefire in Palestine Saher Mirza, 3940 Meeting House Road,Phone:919-302-2274, requested City Council adopt a Resolution requesting a ceasefire in Palestine Teresa Kraus, 4692 Berrywood Road, Phone: 615-4915, spoke in SUPPORT of the Violet Bank Trail project Arushi Deshpande, 124 Cartwell Drive#102, Phone:286-2611, requested City Council adopt a Resolution requesting a ceasefire in Palestine Asmita Deshpande, 124 Cartwell Drive#102,Phone:286-2611, requested City Council adopt a Resolution requesting a ceasefire in Palestine Sue Devaldes, 1176 Selwood Drive, Phone: 672-9206, spoke in SUPPORT of the Violet Bank Trail project Stacey Gregory Price, 1031 Owl's Creek Lane, Phone: 201-1622, requested tax relief assistance for her elderly mother who believes has been over charged on her property taxes David Smith, 1031 Owl's Creek Lane, Phone: 201-1622, requested tax relief assistance as requested by Stacey Gregory Price ADJOURNED AT 8.27 P.M. November 12, 2024