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HomeMy WebLinkAbout5-6-2025 FORMAL SESSION AGENDA �IN� BFAc City of Virginia U ,. v "COMMUNITY • �F BUR NAT��N City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash"Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 ciacksongreen@VBgov.com 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberiucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 stcummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenley@VBgov.com 1 757-426-7501 ivrouse@VBgov.com 1757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 ischulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney City Manager Amanda Barnes City Clerk Mark D. Stiles City Attorney Sue Cunningham City Real Estate Assessor Lyndon S. Remias City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Phone: 757-385-4303 1 Fax: 757-385-5669 City Council Agenda May 6, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIUS RECONCILIATION -CITY COUNCIL CONFERENCE ROOM- A. FY 2025-26 RESOURCE MANAGEMENT PLAN (BUDGET) 2:30 P.M. Operating and Capital Budgets II. CITY COUNCIL LIAISON REPORTS 3:15 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 P.M. IV. CITY COUNCIL AGENDA REVIEW 3:45 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSION —April 15, 2025 2. SPECIAL FORMAL SESSION —APRIL 16, 2025 3. SPECIAL FORMAL SESSION —April 22, 2025 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION — Bike Month Bryan Hickman —Active Transportation Advisory Committee 2. PROCLAMATION — Mental Health Awareness Month Susannah Uroski, Vice Chair of Community Services Board — Department of Human Services 3. PROCLAMATION — International Economic Development Week Christian Green — Director of Economic Development Natalie Guilmeus— Deputy Director of Economic Development Emily Archer—Deputy Director of Economic Development I. PUBLIC HEARINGS 1. PROPOSED AMENDMENT TO THE CENTRAL BUSINESS DISTRICT- SOUTH TAX INCREMENT FINANCING ORDINANCE 2. DECLARATION AND SALE OF EXCESS CITY PROPERTY Adjacent to 310 Winston Salem Avenue and property in Lake Rudee adjacent to 312 Winston Salem Avenue 3. CAFE FRANCHISE AGREEMENT Calabrese Management Group, Inc., t/a Albie's Pizza re sidewalk cafe 4. PROPOSED FRANCHISE AGREEMENTS a. 600 Block of 181h Street and on Cypress Avenue between 191h and 181h Street to Old Beach Farmers Market b. In ViBe Park, at the corner of 18th Street and Cypress Avenue, to Old Beach Art Market J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to REQUEST the Circuit Court to Order a Referendum Election be held on November 4, 2025, re "Should the method of City Council Elections set forth in the Virginia Beach City Charter be changed from a modified 7-3-1 system to a 10-1 system" 2. Ordinance to AUTHORIZE the acquisition of property in fee simple and temporary and permanent easements, either by agreement or condemnation re the 17th Street Improvements Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension for up to eighteen (18) months with the Virginia Museum of Contemporary Art re City-owned property at 2200 Parks Avenue (Deferred from April 15, 2025) 4. Ordinance to DISSOLVE the 2040 Vision to Action Community Coalition Commission (Requested by City Council) 5. Ordinance to AMEND City Code Sections 5-301 through 5-304 re pet licensing 6. Resolution re ISSUANCE of Educational Facilities Revenue Bond by the Development Authority not to exceed $10-Million re Virginia Wesleyan University 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as the Chesopeian Colony Reserved Boat Basin and Drainage Area adjacent to 2712 Shepherds Quarter re construct and maintain a boat lift and timber pier DISTRICT 8 8. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Lake Wesley, at the rear of 508 Southside Road re construct and maintain three (3) floating piers and a boat lift DISTRICT 5 9. Ordinance to ACCEPT and APPROPRIATE funds totaling $1,581,945 from the Virginia Opioid Abatement Authority (OAA) to the FY2024-25 Operating Budgets: Emergency Medical Services ($904,535) and Human Services ($214,097) re support a pilot co-responder program to support individuals who have experienced an overdose; Human Services ($219,511) re match funds for OAA Regional Treatment Van; Human Services ($142,436) re match funds for OAA Regional Recovery High School; Human Services ($15,000) re support the Child Welfare Respite Program; Human Services ($86,366) re support staff training on substance abuse; and AUTHORIZE within the FY2024-25 Operating Budgets 1.0 FTE re Human Services and 3.0 FTE re Emergency Medical Services 10. Ordinance to TRANSFER $509,235 from the General Fund Reserve for Contingencies to the FY2024-25 Voter Registration Operating Budget re fund the June primary elections L. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD PERSONNEL BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH VA250 COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 6, 2025. I. CITY COUNCIUS RECONCILIATION -CITY COUNCIL CONFERENCE ROOM- A. FY 2025-26 RESOURCE MANAGEMENT PLAN (BUDGET) 2:30 P.M. Operating and Capital Budgets II. CITY COUNCIL LIAISON REPORTS 3:15 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 P.M. IV. CITY COUNCIL AGENDA REVIEW 3:45 P.M. V. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSION —April 15, 2025 2. SPECIAL FORMAL SESSION —APRIL 16, 2025 3. SPECIAL FORMAL SESSION —April 22, 2025 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION — Bike Month Bryan Hickman —Active Transportation Advisory Committee 2. PROCLAMATION — Mental Health Awareness Month Susannah Uroski, Vice Chair of Community Services Board —Department of Human Services 3. PROCLAMATION — International Economic Development Week Christian Green — Director of Economic Development Natalie Guilmeus — Deputy Director of Economic Development Emily Archer—Deputy Director of Economic Development o, � ,� <U c5 1 Op aVR v .Prodamatton i0tereas: National Bike 911onth was established in 1956 to showcase the many 6ene its of 6icyctmg and to encourage more people of 4Qfages to adopt a healthy,fun habit by giving 6icycling a try;and Whereas: Over fifty years ago, in 1972, the young City of Virginia Beach established its first committee to explore the creation of safe 6icycltng routes for its residents andvisitors;and 44&reas: Citizen volunteers have played criticaQy important roles advocating, advising and working to achieve our city bikeways and trairs;and Whereas: EarCier this year VO(D7recommended$23.8914 in state andfederarSMARTSCALE fuming for(Phase IV of the Virginia Beach Trai! our signature bicycling and pedestrian path across the city;and `Whereas: The Wonth of Way is recognized as Bike wonth and way 15t5, is recognized as Bike to'Work (Day;and Whereas: Throughout Xational Bike Wonth in Way, the residents and visitors of`Virginia Beach wiQ experience the joys of bicycling through educational programs, biking to school and worn,or by simpry getting out andgoing fora ride in neighborfzoods and on ourgrou,,ing networkof safe routes, including the recently openeQ Foi fire Trad and newest addition, the Three Oaks(Path; and `Wfwreas: 914otorists shourd always be mindfurof vulnerable road users, including 6icyclssts. Now, 7rurefine I, WQ6ert 911. `Bo66y" (Dyer, 911ayor of the City of Virginia Beach, 'Virginia, do here6y procfaim: Way 2025 Bike W-onth In'G'irginia(Beach, andl encourage all citizens to cere6rate National Bike Wonth and 6ike to school workor to try cycling forfun,fitness, or transportation. In'Wiitness 144iereof, I have hereunto set my handandcaused the OfficidSeal of the City of Virginia Beach, Virginias, to be affixed this Sixth(Day of Way,Two Thousand and7wenty-Five. 2ZQ6ert 91K. "Bo66y"Dyer .Mayor o�`p� +� � CUR. ; "f r 1,of OUR NA���'1 ,froda mation 'Whereas- Wentafhealth is essentialto every indimedual's overadheafth andweQ-6eing;and 'Whereas: Altindividuafs face challenges in fife that can impact theirmentafheafth;and Whereas: Fears of socialstigma andducrimination prevent many Ctving with mental ianess from seeking help; and 'Whereas: The mental health of every citizen is essential to the emotionafandeconomic prosperity of our families,neighborhoods,and businesses;and `Whereas 9Kentafillness affects people of allages,races,ethnicities,and income levefs in 4rrginia Beach,-and `Whera" Wentalheaftf:conditions are not onfy common,but they are afro treatable,andwith early and effective intervention those indrviduafs with mentafhealth conditions can recoverandfeadfulT productive Cves;and %Vherws. Increasing the awareness of mentaf iQness can reduce the stigma around mental illness thus reducing community fear,mistrust,and violence against people with mental illness,who are signifwantfy more*t 5 to be victims than perpetrators of viofent crimes;and %*erws.- Greater pu6hc awareness.about mentalwellness can positively transform attitudes about,and towards people with mental illness,making it easierfor our citizens to seekhelp;and `G 4ereas.• Each business,school government agency,heafthcare provider,organization and citizen share the responsibility to promote mentafwellness andsupport prevention efforts. Now,4Tienfare I,Wgbert W. °Bobby'(Dyer,94ayor of the City of Virginta,Bea ch,Virginia,do hereby proclaim: Way 2025 911entaf%eafth Awareness 31 onth In `Virginia Bead; 1 call upon all citizens, government agencies, pu6Ctc and private institutions, businesses and schools in Virginia Beach to recommit to Increasing awareness and understanding of mental health as we strive to create communities within the City that support mental wellness by increasing access to treatment, educating ourselves and our communities about mental wellness and mental illness, and supporting our citizens as they seek to improve their mental health. In 'Witness U*ertof, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be afftred this Sbcth Day of Way,Two Thousand andTwenty-Five. i q;�q6ert x "Bo66y'rDyer 9Hayor 11 v vrodamation Ufwrea.r Wore than 100,000 economic development or re(ated professionals worldwide are committed to creating, retaining, and e.panding top-tier opportunities that facilitate long-term,equita6fe community growth;and Ufie►ew: gFie economic development profession cultivates thriving communities,boosts economic prosperity,enhances the quality of Cfe;and 6uifds ro6ust tax bases through 6usiness investment;and 144ereas: Economic development professionals operate throughout firverse economic environments, including rural su6ur6an, and urban settings local state, provincia4 and national governments; .public private partnerships; cham6ers of commerce, institutions of higher education; among many similar organizations and associations and 'Whereas Economic development professionals serve as stewards, 6r*ing connections between community staffholders such as residents, 6usiness leaders,efectedofficials,industry e)Cecutives, andeducationafadministrations to colla6orate in promoting jo6 creation, community investment, infrastructure advancements,andan optimistic future;and %ftereas: Since 1926, the International Economic Development Councif has been a leader and driving force in advancing ecorwmic development initiatives, with a steadfast commitment to fostering growth and prosperity in communities of a!I sizes worldwide through equity, inclusion, sustainadility, resilience, andinnovation;and $Aertas: The Virginia Beach(Department of Economic Development drives economic vitality and inclusive prosperity in the city 6y fostering the attraction and creation of new investment, innovation, and jo6s. Now,7&re,fort I,W96ert 31. "Bo66y°(Dyer,Mayor of the City of Virginia Beach,Virginia,do here6y proclaim: Way 11 thmugh Way 17, 2025, as Internation Economic Dmrop mt'Week In lArginia Beach, I calf upon the good people of this City to join me in recognizing this important weekand in reminfirrg everyone of the*nijicance of this community cefe6ration, which helps make Virginia Beach such a wanderfulpface to lrve. In'btAtness'WNereof,I have hereunto set my Fiandandcaused the.(VicialSeafof the City of Virginia Beach, Virginia, to 6e affixedon this Sixth Day of Way, TwogTiousandand7wenty-five. &6ert W. "Bob6y"(Dyer ,Mayor I. PUBLIC HEARINGS 1. PROPOSED AMENDMENT TO THE CENTRAL BUSINESS DISTRICT- SOUTH TAX INCREMENT FINANCING ORDINANCE 2. DECLARATION AND SALE OF EXCESS CITY PROPERTY Adjacent to 310 Winston Salem Avenue and property in Lake Rudee adjacent to 312 Winston Salem Avenue 3. CAFE FRANCHISE AGREEMENT Calabrese Management Group, Inc., t/a Albie's Pizza re sidewalk cafe 4. PROPOSED FRANCHISE AGREEMENTS a. 600 Block of 1811 Street and on Cypress Avenue between 19th and 181h Street to Old Beach Farmers Market b. In ViBe Park, at the corner of 181h Street and Cypress Avenue, to Old Beach Art Market PUBLIC NOTICE AMENDMENT TO CENTRAL BUSINESS DISTRICT-SOUTH TAX INCREMENT FINANCING ORDINANCE The City Council of Virginia Beach, Virginia,at its Formal Session on May 6, 2025, at 6:00 p.m. in the City Council Chamber of City Hall,Second Floor, 2401 Courthouse Drive, will hold a Public Hearing on proposed ordinance changes to the Central Business District - South Tax Increment Financing Ordinance. The proposed changes will allow"capital maintenance" to be included in the eligible development project costs. This Hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired,TDD-711. If you wish to make comments virtually via WebEx(by computer,smart device, or telephone) during the public hearing, please follow the two-step process provided below: •Register for the WebEx at: hnps://vbgov.webex.com/weblink/re aister/re35.3c4d 2848cb899a 26c2Q 03702cact0 • Register with the City Clerk's Office by calling(757)385A303 or via email at ABarnes@vbgov.00m prior to 5:00 p.m.on May 6,2025. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Pilot:April 14,April 21 and April 28, 2025. Mu°q; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Central Business District — South Tax Increment Financing Ordinance PUBLIC HEARING: May 6, 2025 MEETING DATE: May 13, 2025 ■ Background: The Central Business District — South Tax Increment Financing Ordinance was adopted on November 23, 1999. In the following 25 years, Town Center has experienced significant growth and private investment. As the infrastructure in Town Center ages, there is a need to take on additional maintenance obligations of the infrastructure, public facilities, and other improvements at Town Center. This ordinance is proposed to be included in the Budget as provided in the Reconciliation Letter. ■ Considerations: If adopted the Town Center TIF Fund would be eligible for use in capital maintenance and beautification projects. The threshold for capital maintenance is defined in the ordinance to be in excess of$50,000, and such amount is to be adjusted to reflect inflation. ■ Public Information: A public hearing will be held on May 6, 2025. This hearing has be the subject of three public notices. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance Recommended Action: To be included in the Budget 1 AN ORDINANCE TO AMEND THE CENTRAL BUSINESS DISTRICT — SOUTH TAX 2 INCREMENT FINANCING ORDINANCE 3 4 WHEREAS, the Central Business District — South Tax Increment Financing Ordinance (the "Ordinance"), 5 attached hereto,was adopted on November 23, 1999; 6 7 WHEREAS, in the following 25 years, Town Center has experienced significant growth and private 8 investment; 9 10 WHEREAS, as the infrastructure in Town Center ages, there is a need to take on additional maintenance 11 obligations of the infrastructure, public facilities,and other improvements at Town Center; 12 13 WHEREAS, the City Council held a public hearing on this proposed ordinance at its May 6, 2025, Formal 14 Session; 15 16 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA, 17 THAT: 18 19 Section 3 of the Ordinance is hereby amended to read as follows: 20 21 3. That to secure any obligations authorized and issued by the City Council in the future or any 22 development project cost commitments incurred by the City for the construction,including capital 23 maintenance and beautification, or acquisition of infrastructure, public facilities and other 24 improvements in the District, the Director of Finance of the City is directed to allocate and pay, 25 from real estate taxes actually collected,the amount attributable to the increased assessed value 26 of the real estate within the District above the base assessed value of such real estate ("The Tax 27 Increment Revenues")into a special fund entitled"Central Business District—South Tax Increment 28 Financing Fund" (the "Fund"), which is hereby authorized to be created. For purposes of this 29 section. "capital maintenance" shall mean capital repairs with an expected cost in excess of 30 $50,000,adjusted annually to reflect inflation, using the Producer Price Index promulgated by the 31 Bureau of Labor Statistics, to existing facilities in the District that were financed using Tax 32 Increment Revenues, and "beautification" may be included as an incidental component to new 33 construction or capital maintenance of public facilities in the District: Adopted by the Council of the City of Virginia Beach,Virginia on the day of ,2025 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Oiy y's Office CA16872 R-3 April 24,2025 1 AN ORDINANCE TO DESIGNATE AN AREA IN 2 THE PEMBROKE SECTION OF THE CITY AS 3 THE "CENTRAL BUSINESS DISTRICT - 4 SOUTH" DEVELOPMENT PROJECT AREA AND 5 TO ADOPT TAX INCREMENT FINANCING IN 6 THIS AREA 7 WHEREAS, the City of Virginia Beach (the "City") desires 8 to undertake a program involving the development of infrastructure 9 and the construction of public facilities and other municipal 10 improvements in the southern part of the Pembroke area of the City, 11 which will facilitate the development of a Central Business 12 District in the City and thus promote commerce and the prosperity 13 of the citizens of Virginia Beach; 14 WHEREAS, as part of the undertaking of such a program, 15 the Council of the City (the "Council") desires to provide for all 16 or part of the financing associated with the public aspects of the 17 development of a Central Business District in the southern part of 18 the Pembroke area of the City (the "Project") and such other public 19 investment that is consistent with the public purposes listed above 20 by designating a development project area and adopting tax 21 increment financing therein, as provided by Code of Virginia § 22 58.1-3245.2, which will permit the City to issue obligations or 23 enter into development project cost commitments that will be 24 secured by tax increment revenues derived from this development 25 project area; 26 WHEREAS, pursuant to Code of Virginia § 58.1-3245.4:1, 27 such obligations or development project cost commitments shall not 28 be subject to the annual debt limitations set forth in the City 29 Charter; and 30 WHEREAS, the Council held a public hearing on November 31 23, 1999, on the designation of a development project area in the 32 southern part of the Pembroke area of the City and the adoption of 33 tax increment financing therein after notice as provided by Code of 34 Virginia § 58.1-3245.2 (B) . 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 1. That a development pro3ect area (as defined in Code 38 of Virginia § 58.1-3245) known as the Central Business District - 39 South (the "District") is hereby created and designated as such; 40 2. That the boundaries of the District shall include 41 the area identified on a map prepared by the City's Department of 42 Information Technology and entitled "Central Business District 43 South," a copy of which has been filed with the City Clerk, and a 44 smaller copy of which is attached hereto as "Exhibit A" ; 45 2. That the Real Estate Assessor is directed, pursuant 46 to Code of Virginia § 58.1-3245.2 (A) (1) , to record in the land 47 book for FY 2000 and all succeeding years in which tax increment 48 financing is in effect in the District the base assessed value and 49 the current assessed value (each as defined in Code of Virginia § 50 58.1-3245) of the real estate within the District; 51 3. That to secure any obligations authorized and issued 52 by the City Council in the future or any development proDect cost 53 commitments incurred by the City for the construction or 54 acquisition of infrastructure, public facilities and other 55 improvements in the District, the Director of Finance of the City 56 is directed to allocate and pay, from real estate taxes actually 57 collected, the amount attributable to the increased assessed value 58 of the real estate within. the District above the base assessed 59 value of such real estate (the "Tax Increment Revenues") into a 60 special fund entitled "Central Business District - South Tax 2 61 Increment Financing Fund" (the "Fund") , which is hereby authorized 62 to be created; 63 4. That the City Clerk is directed to send a copy of 64 this ordinance to the Real Estate Assessor and the Director of 65 Finance of the City; 66 5. That the City Manager is hereby directed to transmit 67 to the Real Estate Assessor and the Director of Finance of the City 68 all of the materials required by S 58.1-3245.3 of the Code of 69 Virginia for the implementation of this ordinance; 70 6. The City Clerk is directed to make a copy of the 71 ordinance continuously available for inspection by the general 72 public during normal business hours at the City Clerk's office from 73 the date of adoption hereof; 74 7. That the City Clerk, in collaboration with the City 75 Attorney, is authorized and directed to immediately file a 76 certified copy of this ordinance with the Circuit Court of the City 77 of Virginia Beach; and 78 8. That this ordinance shall be in full force and effect 79 on and from the date of its adoption. 80 Adopted by the Council of the City of Virginia Beach, 81 Virginia, on the 23rd day of November, 1999. 82 CA-7539 83 ORDIN\NONCODE\CBD-S TIF ORD 84 NOVEMBER 18, 1999 85 R5 86 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 87 SUFFICIENCY: 88 89 Management S ces City A t t o r y ' s Olf1f i c e 90 3 � u.r • Rom,. Ell 1 r ■�►A _ .. i .ram �►. � ,�.. ..ten �r� at I Li e,•r r ; N t Y M1. * _ _ •�'� �.� �l� I ..1ii+�ilN1b�C IL 1� �'A'1 (�� id2 I iw�.�^I��.��a5rv�.uw•1 �.f� M� 1 1' r / � �Y � J —a pT y�{ r �.� war� .�� � r � �•may may. �:� �.1 J!!�1 llz`i I rt lr tY� i r�,rl- 11 ♦.._. tf'�Xl:•F�.•. _��• rr _ r j rl� r - 1 �.. r s• ryFaE•1�7.1 � Vw 05i1 r n .'��? x"11 Lrti k„L# ail ■ j� f . . I ��. i / \C` . "Ks ,�y,r�, •_�- [�RhI'!6Lh '��' {Li .1 ` �``•- I)�`i I ♦; ,�, ,� ►} Lwir art 7�x F� 67�1►� Lr ly Wa >n;?� 1� � �� �/7 I� �� � �♦ � ��� �I�.ifr�' iL�� OF Alba- PUBLIC HEARING DECLARATION AND SALE OF EXCESS CRY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, May 06,2025 at 6-00 p.m.in the City Hall Building (Building M1) at the Municipal Center, Virginia Beach, Virginia.The purpose of this hearing will be to obtain public comment to determine whether an approximately 1,427 s.f. parcel in Lake Rudee (GPIN:2427-12-9190) adjacent to 310 Winston Salem Avenue and an approximately 4,817 s.f. parcel in Lake Rudee (GPIN:2427-12-9038) adjacent to 312 Winston Salem Avenue should be declared in excess of the City's needs and conveyed to FWM Residential Rental Properties, LLC. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 3854303; Hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works/Real Estate,2473 N. Landing Road, Building 23, at the Virginia Beach Municipal Center;(757) 385-4161, PWRealEstate@vbgov.com. If you wish to make comments virtually via WebEx(by computer,smart device, or telephone) during the public hearing, please follow the two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/weblink/re 9jster/re353c4d2848cb899426c29 03702cacf0 • Register with the City Clerk's Office by calling(757)385-4303 or via email at AWrnes@vbgov.00m prior to 5:00 p.m.on May 6,2025. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Pilot April 27,2025 z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring 1,427± Sq. Ft. of City Property Located Adjacent to 310 Winston Salem Avenue and 4,817± Sq. Ft. of City Property Located Adjacent to 312 Winston Salem Avenue to be in Excess of the City's Needs and 2) Authorizing the City Manager to Sell the Property to FWM Residential Rental Properties, LLC PUBLIC HEARING DATE: May 6, 2025 MEETING DATE: May 20, 2025 ■ Background: The City of Virginia Beach (the "City") owns two parcels of property within Lake Rudee, identified as Parcel 28A, being 1,427± Sq. Ft. (GPIN: 2427- 12-9190), and Parcel 28C, being 4,817± Sq. Ft. (GPIN: 2427-12-9038) (collectively, the "Property"), which parcels were acquired in 1987 for the Lake Rudee Dredging Project. In 1990, the City conveyed a channel maintenance easement over the Property to the United States of America for maintenance of the federal navigational channel within Lake Rudee. FWM Residential Rental Properties, LLC (the "Applicant") owns property located at 310 Winston Salem Avenue (GPINs: 2427-12-9328 and 2427-12-9270) and 312 Winston Salem Avenue (GPINs: 2427-12-8357 and 2427-12-9200) (collectively, the "FWM Property"), which is adjacent to the Property. The Applicant desires to purchase the Property and incorporate it into the FWM Property for the purpose of redeveloping its existing commercial marina located on the FWM Property, and expanding the number of boat slips from six to eight (the "Project"). The Applicant has received conditional approval of its Joint Permit Application for its Project. ■ Considerations: City staff has reviewed the request and supports declaring the Property in excess of the City's needs and conveying same to the Applicant, with certain conditions, as set forth in the Summary of Terms attached to the Ordinance. Because the property is within Lake Rudee and has been put to a public use, a supermajority vote is required. ■ Public Information: As required by Section 15.2-1800, a public hearing was advertised in The Virginian-Pilot on April 27, 2025 and will be held on May 6, 2025. Public information will also be provided through the normal City Council agenda process. ■ Alternatives: Approve the request subject to the terms of the Summary of Terms, deny the request, or add conditions as desired by Council. ■ Recommendations: Approval. ■ Attachments: Ordinance, Exhibit A (Legal Description), Exhibit B (Summary of Terms), Location Map and Disclosure Statement Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate City Manager: elro 1 AN ORDINANCE 1) DECLARING 1,427± 2 SQ. FT. OF CITY PROPERTY LOCATED 3 ADJACENT TO 310 WINSTON SALEM 4 AVENUE AND 4,817± SO. FT. OF CITY 5 PROPERTY ADJACENT TO 312 WINSTON 6 SALEM AVENUE TO BE IN EXCESS OF 7 THE CITY'S NEEDS AND 2)AUTHORIZING 8 THE CITY MANAGER TO SELL THE 9 PROPERTY TO FWM RESIDENTIAL 10 RENTAL PROPERTIES, LLC 11 12 WHEREAS, the City of Virginia Beach (the "City") owns two parcels of 13 property within Lake Rudee, identified as Parcels 28A (GPIN 2427-12-9190) and 28C 14 (GPIN 2427-12-9038) (collectively, the "Property"), and more particularly described on 15 Exhibit A, attached hereto and made a part hereof; 16 17 WHEREAS, FWM Residential Rental Properties, LLC, a Virginia limited 18 liability company (the "Applicant"), owns property located at 310 Winston Salem Avenue 19 (GPINs: 2427-12-9328 and 2427-12-9270)and 312 Winston Salem Avenue(GPINs: 2427- 20 12-8357 and 2427-12-9200) (collectively, the "FWM Property"), which is adjacent to the 21 Property; 22 23 WHEREAS, the Applicant desires to purchase the Property and incorporate it 24 into the FWM Property for the purpose of redeveloping and expanding the commercial 25 marina located on the FWM Property; 26 27 WHEREAS, City staff has reviewed the request and supports conveying the 28 Property to the Applicant pursuant to the terms and conditions set forth in the Summary of 29 Terms, attached hereto as Exhibit B and made a part hereof; and 30 31 WHEREAS, the City Council is of the opinion that the Property, subject to the 32 reservations noted on the Summary of Terms, is in excess of the needs of the City. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 1. That the Property, subject to the reservations noted on the Summary of 38 Terms, is hereby declared to be in excess of the needs of the City of 39 Virginia Beach; and 40 41 2. That the City Manager is hereby authorized to execute any documents 42 necessary to convey the Property to the Applicant in accordance with the 43 Summary of Terms attached hereto as Exhibit B and such other terms 44 conditions or modifications as may be acceptable to the City Manager 45 and in a form deemed satisfactory by the City Attorney. 46 47 This Ordinance shall be effective from the date of its adoption. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of 2025. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BL C WORKS REAL ESTATE CITY ATTORNEY CA16723 R-1 Prepared: 4/23/25 EXHIBIT A Legal Description Parcel 1 GPIN: 2427-12-9190 ("Parcel 28A"): ALL THAT certain lot, tract or parcel of land, together with improvements thereon, belonging, lying, situated and being in the City of Virginia Beach, Virginia, designated and described as: "TAKE AREA = 1,427 SQ. FT. PARCEL 28A", as shown on sheet 2 of 11 of that certain plat entitled "RUDEE INLET DREDGING PROJECT", dated July 13, 1984 and revised through February 5, 1987, Scale 1"=100', and prepared by the Bureau of Surveys and Mapping Engineering Division Department of Public Works City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2600, at page 1646, to which reference is made for a more particular description. EXPRESSLY SUBJECT to that certain Channel Right of Way Easement conveyed to the United States of America (the "USA") by Deed of Easement dated October 2, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923. RESERVING UNTO THE CITY and SUBJECT to a perpetual easement to maintain the federal navigational channel granting all the same rights granted to the USA in that certain Deed of Easement recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923, and in accordance with any current and future dredging permits. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated April 23, 1987, from V & N Associates, a Virginia general partnership, and recorded in the aforesaid Clerk's Office in Deed Book 2639, at page 794. Parcel 2 GPIN: 2427-12-9038 ("Parcel 28C"): ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and described as: "TAKE AREA = 4,817 SQ. FT. PARCEL 28C", as shown on sheet 2 of 11 of that certain plat entitled "RUDEE INLET DREDGING PROJECT", dated July 13, 1984 and revised through February 5, 1987, Scale 1"=100', and prepared by the Bureau of Surveys and Mapping Engineering Division Department of Public Works City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2600, at page 1646, to which reference is made for a more particular description. EXPRESSLY SUBJECT to that certain Channel Right of Way Easement conveyed to the United States of America (the "USA") by Deed of Easement dated October 2, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923. RESERVING UNTO THE CITY and SUBJECT to a perpetual easement to maintain the federal navigational channel granting all the same rights granted to the USA in that certain Deed of Easement recorded in the aforesaid Clerk's Office in Deed Book 2860, at page 1923, and in accordance with any current or future dredging permits. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated June 16, 1987, from R.J. Alfriend, III, Rachel K. Alfriend, and Robert I. Low, Trustees, and recorded in the aforesaid Clerk's Office in Deed Book 2691, at page 263. EXHIBIT B SUMMARY OF TERMS SELLER: City of Virginia Beach ("City") BUYER: FWM Residential Rental Properties, LLC, a Virginia limited liability company CITY PROPERTY: (a) 1,427± Sq. Ft. within Lake Rudee ("Parcel 28A") adjacent to 310 Winston Salem Avenue and (b) 4,817± Sq. Ft. within Lake Rudee ("Parcel 28C") adjacent to 310 Winston Salem Avenue, as more particularly described on Exhibit A SALES PRICE: $15,000.00 CONDITIONS OF SALE: • The Property shall be conveyed expressly subject to that certain Channel Right-of-Way Easement conveyed to the United States of America (the "USA") in Deed Book 2860, at page 1923, and subject to all existing easements and restrictions of record. • City shall reserve a perpetual easement to maintain the federal navigational channel granting all the same rights granted to the USA in Deed Book 2860, at page 1923, and in accordance with any current or future dredging permits. • Buyer shall be responsible for meeting all requirements under the City's Zoning Ordinance ("CZO") for Buyer's proposed use of the Property. • Settlement is conditioned upon Buyer obtaining City's approval of a resubdivision plat to incorporate the Property into Buyer's adjacent property located at 310 Winston Salem Avenue and 312 Winston Salem Avenue, which plat shall vacate all interior lot lines of(a) 310 Winston Salem Avenue and Parcel 28A to form one parcel and (b) 312 Winston Salem Avenue and Parcel 28C to form one parcel. • Buyer shall be responsible for all costs associated with meeting the requirements of the CZO; all costs associated with the preparation, review and recordation of the resubdivision plat; and its own closing costs, recording fees, and attorney's fees. • Settlement shall occur on or before December 31, 2025, unless as otherwise modified by the City Manager for good cause shown. 4 � 0110 . a } �• 310 WINSTON�S,ALEM AVENUE OWNER: FWM RESIDENTIAL RENTAL PROPERTIES LLC �r _ yy try'lee�•y��` � � �. • \'- � _ �+e ' -� * .►, .' ' OWNER: FWM RESIDENTIAL RENTAL PROPERTIES LLC r - m,... 31 WINSTUNA5ALEMf VENUE � DOWNER: FWM RESIDENTIALYRENTALTPROPERTIES LLC s OWNER:IFWM.RESIDENTIAL RENTAL PROPERTIESLLC Legend a2427-12-9038 2427-12-9190 2427-12-9270 2427-12-9328 LOCATION MAP EXCESS CITY PROPERTY 2427-12-9200 OWNER: CITY OF VIRGINIA BEACH GPIN: 2427-12-9038 2427-12-8357 ! GPIN: 2427-12-9190 - 0 100 200 ❑ City Property j Feet - ---_ X ICADMPm#P4 kArr Filpd 4 CVrdv rnr rtv\9A9 _19.gn-IR1 9 _19-gr13R APnal annr Disclosure VB- BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies_ • APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application FWM Residential Rental Properties, LLC Is Applicant also the Owner of the subject property? YesO No0 If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yese NoO If yes, name Representative: Lisa Murphy, Wilcox & Savage, P.C. Is Applicant a corporation,partnership,firm, business,trust or unincorporated business? YesQNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) F Wayne McLeskey,Jr QTIP Marital Trust FBO Cheryl McLeskey See Attachment Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any O proposed development contingent on the subject public action? Yes No If yes, name the official or employee, and describe the nature of their interest. 1 APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage, deeds of trust, O cross-collateralization,etc.) Real Estate Broker/Agent/Realtory O Disclosure Statement I rev. May-2024 u page 1 of 3 SECTION 1: APPLICANT DISCLOSURE -• SERVICE YES NO SERVICE PROVIDER Name entity and/or Individual Accounting/Tax Return Preparation (F) O Fmis Mazars,LLP Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 O Engineer/Surveyor/Agent @ O Langley&McDonald,Inc.&MSA,P.C. Legal Services Q © uu" •Wi=t sap.P.0 Kator P McinyM Naha,Alper,NamoW d udnhne,P.L APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete, true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. r pplicant Name (Pri ) Applica igna�ure Da 1 "Parent-subsidiary relationship"means "a relations p that exist when one corporation directly or indirectly owns shares possessing more than 50 per ent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Sta ame (Pri ) Staff nature Date Disclosure Statement ) rev. May-2024 page 2 of 3 N M�. PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on Tuesday,May 6,2025,in the City Council Chamber regarding the proposed grant of a franchise to operate an outdoor cafd on City-owned property to Calabrese Management Group, Inc. Va Albie's Pizza, for a sidewalk caf6 at 200 21-Street. The purpose of the hearing will be to obtain public comment on the proposed use of City property.Copies of the franchise agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building M1) at 2401 Courthouse Drive,Virginia Beach,Virginia 23456. Any questions concerning the above- referenced franchise should be directed to Lisa Bleakley,Convention and Visitors Bureau, Resort Management Office, by calling(757) 3854800. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at(757)385-4303; Hearing impaired call 711. If you wish to make comments virtually via WebEx(by computer,smart device, or telephone) during the public hearing, please follow the two-step process provided below: •Register for the WebEx at: httr)s://vbgoy.webex.com/weblink/re glster/re353c4d2848cb899426c29 03702cacf0 • Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes®vbgov.com prior to 5:00 p.m.on May 6,2025. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PIIoC April 27,2025 fL T) ` �yVvv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise Agreement for an Outdoor Cafe in the Resort Area PUBLIC HEARING: May 6, 2025 MEETING DATE: May 20, 2025 ■ Background: The City Council adopted revised regulations for outdoor cafe franchises on October 20, 2020 ("Revised Regulations"). The Revised Regulations simplify the outdoor cafe franchise program and allow more flexibility for outdoor cafe owners and operators to keep pace with current standards in construction, design and materials. The City developed a franchise agreement for the regulation of outdoor cafes, which the grantees are required to execute as a condition of the grant. City Council has traditionally granted initial franchises for one-year terms. After an outdoor cafe successfully operates for one year, the franchisee may return to Council and request a five-year franchise agreement. ■ Considerations: Calabrese Management Group, Inc., t/a Albie's Pizza, is seeking a one-year franchise agreement for a sidewalk cafe at 200 215t Street. ■ Public Information: A public notice was published in The Virginian Pilot on April 27, 2025. ■ Attachments: Ordinance, Summary of Terms, and Disclosure Form Recommended Action: Adopt Ordinance Submitting Department/Agency: Convention and Visitors Bureau City Manager:fo 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OUTDOOR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor cafe franchises 6 on October 20, 2020 ("Revised Regulations"); and 7 8 WHEREAS, the Revised Regulations simplify the outdoor cafe franchise program 9 and allow more flexibility for outdoor cafe owners and operators to keep pace with 10 current standards in construction, design, and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafes, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, after an outdoor cafe successfully operates for one year, the 20 franchisee may return to Council and request a five-year franchise agreement; and 21 22 WHEREAS, Calabrese Management Group, Inc., t/a Albie's Pizza, is seeking a 23 one-year franchise agreement for a sidewalk cafe at 200 21st Street; and 24 25 WHEREAS, the Office of Resort Management recommends that the above- 26 named entity be granted an outdoor cafe franchise agreement. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH: 30 31 That the City Council hereby grants a one-year franchise agreement to 32 Calabrese Management Group, Inc., t/a Albie's Pizza, for a sidewalk cafe at 200 215t 33 Street. Adopted by the City Council of Virginia Beach, Virginia on this _ day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- A, Convent" n and Visitors Bureau City Attorney's O if ic� CA16877 R-1 April 22, 2025 SUMMARY OF TERMS FRANCHISE AGREEMENT FOR OUTDOOR CAFE GRANTOR: City of Virginia Beach ("City") GRANTEE: Calabrese Management Group, Inc., t/a Albie's Pizza TERM: 1-year term: effective date until 4/30/2026 FEES: Fees are assessed based on a)type of cafe(Boardwalk or Sidewalk); and b)square footage of cafe. PROPOSED Grantee is authorized to operate outdoor cafe on public property. USE: REMOVAL: City can require removal of cafe structure from City property upon 60- days notice if necessary for public safety or capital improvement projects. BOND: Grantee required to execute bond or letter of credit in favor of City in amount of$10,000, conditioned upon Grantee constructing, maintaining, and removing cafe from public property. TERMINATION: City can terminate for cause. LIABILITY: Grantee required to indemnify and hold City harmless. INSURANCE: Grantee must provide City with certificates of insurance prior to commencing work. Required insurance includes worker's compensation (not less than$500,000)and comprehensive general liability(not less than $2,000,000 combined single limit). RIGHT OF INSPECTION: City has right to inspect cafe at all reasonable times, with or without notice, to determine compliance with Regulations. AUDIT: City has right to audit all books and records related to franchise agreement. APPLICANT'S NAME (�&/Qb,eesp A/6,'es DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City — Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Changes Exception for (EDIP) Board Zoning ,Appeals Encroachment Request Rezoning ls Certificate of Fioodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ Conditional Use Permit License Agreement _ Wetlands Board 1 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and City Council meetin that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATES j 0 NO CHANGES AS OF DATE: REVISIONS SUBMITTED f DATE: Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:-----—___��__��__—___�_ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) XR1W;7 tarol-esk, r (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:Ocean Horizon Properties, LC___ If an LLC, list the member's names: Nabil D. Kassir and Deborah M. Kassir Page 2of7 If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (9) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Brava, LLC, Ocean Horizon Properties of FL, LLC, Kassir Investment Company, Inc., Menu & Management Consultants, Aldo's Inc, Birdneck Associates, 620 19th Street Associates, 29th Street Associates 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,Va. Code § 2.2-3101. z "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or Qii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or a business_ operating or to be ooerated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT � � � YES FN 07 SERVICE PROVIDER(use additional sheets if �.-- needed) ❑ ® Accounting and/or preparer of your tax return ❑ ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed El ❑v purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ElF9 Construction Contractors ❑ F1 I Engineers / Surveyors/Agents Financing (include current mortgage holders and lenders ❑ ❑ I selected or being considered to provide financing for acquisition or construction of the property) ❑ a Legal Services Real Estate Brokers / ❑ a Agents/Realtors for current and [-subject future sales of the I_subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A Application. A4en Lazo<'sr: APPLI T'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Viirginia Beach YES NO — SERVICE PROVIDER (use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return © Architect/ Landscape Architect/ Land Planner ❑ ® Contract Purchaser (if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed _ El © purchaser of the subject property (identify purchaser(s) and purchaser's service providers) IN Construction Contractors ❑ � Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders nX selected or being considered to provide financing for acquisition or construction of the property) ❑ � Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO FDoes an official or employee of the City of Virginia Beach have ❑ interest in the subject land or any proposed development tingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A lication. Deborah M. Kassir 4/14/2025 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on Tuesday,May 6,2025,in the City Council Chamber regarding the proposed grant of a franchise to operate an open air market on City- owned property to the following: 1. Old Beach Farmers Market on the 600 block of 181^Street and on Cypress Avenue between 1911 Street and 18-Street. 2. Old Beach Art Market in ViBe Park, located on the corner of 18-Street and Cypress Avenue The purpose of the Hearing will be to obtain public comment on the proposed use of City property. Copies of the franchise agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive,Virginia Beach,Virginia 23456. Any questions concerning the above- referenced franchise should be directed to Lisa Bleakiey, Resort Management Office, by calling(757) 3854800. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)3854303; Hearing impaired call 711. If you wish to make comments virtually via WebEx(by computer,smart device, or telephone) during the public hearing, please follow the two-step process provided below: •Register for the WebEx at: btLps*//vbgoy.webex.com/weblink/re 9jster/re353c4d2848cb899426c29 03702cad0 • Register with the City Clerk's Office by railing(757)385-4303 or via email at ABarnes@vbgov.com prior to 5:00 p.m.on May 6,2025. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Pitt April 27,2025 w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Two Franchise Agreements for Open Markets on Public Property PUBLIC HEARING: May 6, 2025 MEETING DATE: May 20, 2025 ■ Background: The City Council adopted an ordinance on May 3, 2022 granting franchise agreements for Old Beach Art Market and Old Beach Farmers Market (collectively, "Franchisees") to operate on the 600 block of 19th Street, on Cypress Avenue between 18th and 19th Streets, and in ViBe Park. The franchise agreements had a term of one year, with the option for two additional one-year extensions, and the markets operated on Saturdays only. Old Beach Art Market and Old Beach Farmers Market operated open air markets in the public right-of-way from 2022 until 2025. ■ Considerations: The Franchisees wish to continue operating markets on public property under the same terms as the previous franchise agreements. The term of the proposed franchise agreements is one year, commencing on June 1, 2025, and ending on May 31, 2026, with the option for two one-year renewals upon the mutual written agreement of the City and the Franchisees. The Resort Advisory Commission, as well as Police, Fire, EMS, Public Works, and the Resort Management Office, reviewed and approved the proposed dates and locations of operation of the markets. ■ Public Information: A public notice was published in The Virginian Pilot on April 27, 2025. ■ Attachments: Ordinance, Disclosure Forms, Summary of Terms Recommended Action: Adoption Submitting Dep rtmentlAgency: Convention and Visitors Bureau City Manager: aY\ 1 AN ORDINANCE GRANTING TWO 2 FRANCHISE AGREEMENTS FOR OPEN 3 MARKETS ON PUBLIC PROPERTY 4 5 WHEREAS, the City Council adopted an ordinance on May 3, 2022 granting 6 franchise agreements for Old Beach Art Market and Old Beach Farmers Market 7 (collectively, "Franchisees") to operate on the 600 block of 191h Street, on Cypress 8 Avenue between 18th and 19th Streets, and in ViBe Park; 9 10 WHEREAS, the franchise agreements had a term of one year, with the option for 11 two additional one-year extensions, and the markets operated on Saturdays only; 12 13 WHEREAS, Old Beach Art Market and Old Beach Farmers Market operated 14 open air markets in the public right-of-way from 2022 until 2025; 15 16 WHEREAS, Old Beach Art Market and Old Beach Farmers Market wish to 17 continue operating markets on public property under the same terms as the previous 18 franchise agreements; 19 20 WHEREAS, the term of the proposed franchise agreements is one year, 21 commencing on June 1, 2025, and ending on May 31, 2026, with the option for two one- 22 year renewals upon the mutual written agreement of the City and the Franchisees; and 23 24 WHEREAS, the Resort Advisory Commission, as well as Police, Fire, EMS, 25 Public Works, and the Resort Management Office, reviewed and approved the 26 proposed dates and locations of operation of the markets. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH: 30 31 1. That the City Council hereby authorizes the grant of two franchise agreements 32 for open markets on public property for Old Beach Art Market and Old Beach 33 Farmers Market. 34 35 2. That the City Manager, or designee, is hereby authorized to execute Franchise 36 Agreements for open air markets with Old Beach Art Market and Old Beach 37 Farmers Market in accordance with the attached Summary of Terms and such 38 other terms and conditions deemed necessary and sufficient by the City Manager 39 and in a form approved by the City Attorney. 40 Adopted by the City Council of Virginia Beach, Virginia on this day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Yi Convention & Visito s Bureau City Attorney's Office CA16873 R-2 April 22, 2025 Summary of Terms Franchise Agreements for Open Markets on Public Property Franchisees: (1) Old Beach Farmers Market (2) Old Beach Art Market Nature of Franchise: Old Beach Farmers Market will operate open markets on public property in the 600 block of 18th Street and on Cypress Avenue between 181h and 19th Streets. Old Beach Art Market will operate open markets on public property in ViBe Park. Term: June 1, 2025 through May 31, 2026, with the option for 2 one-year renewals. Franchisees are authorized to operate on every Saturday during the term of the agreement. Franchise Fee: $200 for the term. Non-Exclusive Franchise: The City is authorized to grant other franchises. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: a. Franchisee shall design the open air market site to allow for emergency vehicle access at all times. b. Franchisee shall adhere to the operational parameters and public safety concerns established by City departments, including, but not limited to, Police, Fire, EMS, Public Works and Resort Management. This includes providing adequate DCJS certified private security personnel, certified traffic monitors, placement of approved traffic equipment, and obtaining permits required by the Health Department. C. Franchisee shall provide one portable ADA restroom facility for each one hundred and fifty (150) patrons on the premises or shall install signs on City property directing patrons to existing restrooms located in an adjacent business establishment. d. A minimum of three waste disposal containers and three recycle containers shall be installed by Franchisee on the premises. e. Franchisee shall remove all temporary structures, clean all City property and properly dispose of waste and recycle materials by 1:00 pm each day. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Right to Relocate: City has right to relocate Old Beach Farmers Market to 600 block if 19th Street at its sole discretion. Insurance: $2,000,000 combined single limits. Termination: City may terminate agreements with or without cause. Virginia Beach APPLICANT'S NAME_21A B60c k Far"ev's McAvlct+ DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board s The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. s SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page PAGE Planning Commission and City Council meeting that pertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: 4 C Virginia Beach ❑ X Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:OLD BEACH FARMERS MARKET, nonprofit 501 C6 ----------------------- If an LLC, list all member's names: ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. X Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Page 2 of 5 t .. ON c¢ i Virginia Beach } ❑ X Check here if the APPLICANT IS NOT a corporation, partnership, firm,, business, or other unincorporated organization. - ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:OLD BEACH FARMERS MARKET, nonprofit 501 C6 ----------------------- If an LLC, list all member's names: --------------------------------------------------------- --------------------------------------------------------- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. X Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Page 2 of 5 I _ CRY ❑ Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. - _ (A) List the Property Owner's name:________ ------------------------- If an LLC, list the member's names:____ -------------------------------------------- ------------------------------------------ If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z"Affiliated business entity relationship"means"a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Page 3 of 5 Q[tJ Of Virginia Beach Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY SERVICE PROVIDER (use additional sheets if YES NO needed) ❑ X Accounting and/or preparer of your tax return ❑ X Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ X purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ X Construction Contractors ❑ X Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders ❑ X selected or being considered to provide financing for acquisition or construction of the property) ❑ X Legal Services Real Estate Brokers / El X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Page 4 of 5 60r u Virginia Beach YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ X contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Laura Wood, Vice President, Old Beach Farmers Market APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 Virginia Beach APPLICANT'S NAME_01A �eac,�, ✓-� M6✓V-r-+ DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Disposition of City Modification of Property by City Property Conditions or Proffers Alternative Economic Compliance, Special Development Nonconforming Use Exception for Investment Program Changes EDIP Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Franchise Agreement Board Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use License Agreement Wetlands Board Permit Pav �A6E FOR CITY USE ONLY n;7i�tISSiOt s O RPPLICAN I t r; ❑ NO CHANGES REVISIONS SUBMITTED Virginia Beach The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Gd' Check here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:-------—---------------------- If an LLC, list all member's names: ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) � ) , / N Lj It (_ Hr- /Y1 )1 rL y ,q N 1v —A yL o r L (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 Page 2 of 5 Virginia Beach SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Aovlicant. ❑ Check here if the PROPERTY OWNER IS NO a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:--------------------------------- If an LLC, list the member's names:---------------------------------------------------------------------- ---------------------------------------------------------------------- If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va.Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (th) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. Virginia Beach SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the aRolication or any business operating or to be operated on the Property_. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY SE NO SERVICE [PROVIDER Luse additional sheets if needed) , F Accounting and/or preparer of L] your tax return ❑ ❑ Architect/Landscape Architect /Land Planner Contract Purchaser(if other than the Applicant)- identify ❑ U purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject [] ❑ property(identify purchaser(s) and purchaser's service providers) ❑ ❑ Construction Contractors ❑ ❑ Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ ❑ Legal Services Real Estate Brokers / ❑ ❑ Agents/Realtors for current and anticipated future sales of the subject property Page 4 of 5 N)B Virginia Beach SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YE N Does an official or employee of the City of Virginia Beach S have an interest in the subject land or any proposed a development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. I 1 'Y yl�; APPLICANT'S SIGNATURA PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to REQUEST the Circuit Court to Order a Referendum Election be held on November 4, 2025, re "Should the method of City Council Elections set forth in the Virginia Beach City Charter be changed from a modified 7-3-1 system to a 10-1 system" 2. Ordinance to AUTHORIZE the acquisition of property in fee simple and temporary and permanent easements, either by agreement or condemnation re the 17th Street Improvements Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension for up to eighteen (18) months with the Virginia Museum of Contemporary Art re City-owned property at 2200 Parks Avenue (Deferred from April 15, 2025) 4. Ordinance to DISSOLVE the 2040 Vision to Action Community Coalition Commission (Requested by City Council) 5. Ordinance to AMEND City Code Sections 5-301 through 5-304 re pet licensing 6. Resolution re ISSUANCE of Educational Facilities Revenue Bond by the Development Authority not to exceed $10-Million re Virginia Wesleyan University 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as the Chesopeian Colony Reserved Boat Basin and Drainage Area adjacent to 2712 Shepherds Quarter re construct and maintain a boat lift and timber pier DISTRICT 8 8. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Lake Wesley, at the rear of 508 Southside Road re construct and maintain three (3) floating piers and a boat lift DISTRICT 5 9. Ordinance to ACCEPT and APPROPRIATE funds totaling $1,581,945 from the Virginia Opioid Abatement Authority (OAA) to the FY2024-25 Operating Budgets: Emergency Medical Services ($904,535) and Human Services ($214,097) re support a pilot co-responder program to support individuals who have experienced an overdose; Human Services ($219,511) re match funds for OAA Regional Treatment Van; Human Services ($142,436) re match funds for OAA Regional Recovery High School; Human Services ($15,000) re support the Child Welfare Respite Program; Human Services ($86,366) re support staff training on substance abuse; and AUTHORIZE within the FY2024-25 Operating Budgets 1.0 FTE re Human Services and 3.0 FTE re Emergency Medical Services 10. Ordinance to TRANSFER $509,235 from the General Fund Reserve for Contingencies to the FY2024-25 Voter Registration Operating Budget re fund the June primary elections _f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Circuit Court to Order that a Referendum Election Be Held on November 4, 2025, on the Question of Whether the General Assembly Should Amend the City Charter to Reflect a 10-1 Method of Elections for Members of the City Council PUBLIC COMMENT DATE: April 15, 2025 MEETING DATE: May 6, 2025 ■ Background: The current City Charter provides for the election of seven members of the City Council from residence districts, three members from the City at- large, and the mayor elected at-large. Under this system, all members of the city council were elected by the voters at-large (city-wide). A general law change that occurred in 2021 changed the residence districts to single member districts where the voters of each district would elect a single council member to represent their district (the "modified 7-3-1 System"), plus the three at-large members and the mayor. A federal court found that the all at-large voting system set forth in the charter violated the voting rights of a coalition of minority voters and in 2021 entered an order imposing a voting system in which the city was divided into ten single member election districts with only the mayor elected at-large (the "10-1 System"). The federal court order imposing the 10-1 System was later vacated as moot because of the 2021 general law change; but only after the qualification of candidates for the November 2022 election had already occurred such that it was necessary to conduct the 2022 city council election utilizing the 10-1 System. Following a public outreach and education campaign and citizen survey conducted by the University of Virginia Weldon Center, the City Council adopted a redistricting ordinance on August 15, 2023, that retained the 10-1 System. The City held elections in 2024 using the 10-1 System. The redistricting ordinance has been challenged in state court and the City has been threatened with litigation in federal court should the City undertake a system other than the 10-1 System. The Virginia Code allows for the holding of an election to determine if the voters desire the General Assembly amend a local charter. The next general election is November 4, 2025. Referendum Page 2 of 2 ■ Considerations: The attached resolution seeks to have the following question on the November ballot: Should the method of city council elections set forth in the Virginia Beach City Charter be changed from a modified 7-3-1 system to a 10-1 system? A "yes" vote means that you support the 10-1 system, which was used in the 2022 and 2024 city council elections. In the 10- 1 system, the city is divided into 10 districts and the voters of each district elect a single council member with the mayor elected at-large (city-wide). A "no" vote means you support the 7-3-1 system described in the current city charter as modified by a general law change that occurred in 2021. In the modified 7-3-1 system, the city is divided into 7 districts and the voters of each district elect a single council member, with three other council members and the mayor elected at-large (city-wide). Yes No If the court orders the proposed referendum, the question would appear on the November ballot. If the question is answered in the affirmative, the legislative request is transmitted to the Virginia Beach General Assembly delegation. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Resolution presented after direction by a majority of the City Council. 1 A RESOLUTION REQUESTING THE CIRCUIT COURT TO 2 ORDER THAT A REFERENDUM ELECTION BE HELD ON 3 NOVEMBER 4, 2025, ON THE QUESTION OF WHETHER 4 THE GENERAL ASSEMBLY SHOULD AMEND THE CITY 5 CHARTER TO REFLECT A 10-1 METHOD OF ELECTIONS 6 FOR MEMBERS OF THE CITY COUNCIL 7 8 WHEREAS, the current City Charter provides for the election of seven members 9 of the City Council from residence districts, three members from the City at-large, and the 10 mayor elected at-large. Under this system, all members of the city council were elected 11 by the voters at-large (city-wide); 12 13 WHEREAS, a general law change that occurred in 2021 changed the residence 14 districts to single member districts where the voters of each district would elect a single 15 council member to represent their district (the "modified 7-3-1 System"), plus the three at- 16 large members and the mayor; 17 18 WHEREAS, a federal court found that the all at-large voting system set forth in the 19 charter violated the voting rights of a coalition of minority voters and in 2021 entered an 20 order imposing a voting system in which the city was divided into ten single member 21 election districts with only the mayor elected at-large (the "10-1 System"); 22 23 WHEREAS, the federal court order imposing the 10-1 System was later vacated 24 as moot because of the 2021 general law change; but only after the qualification of 25 candidates for the November 2022 election had already occurred such that it was 26 necessary to conduct the 2022 city council election utilizing the 10-1 System; 27 28 WHEREAS, following a public outreach and education campaign and citizen 29 survey conducted by the University of Virginia Weldon Center, the City Council adopted 30 a redistricting ordinance on August 15, 2023, that retained the 10-1 System; 31 32 WHEREAS, the City held elections in 2024 using the 10-1 System; 33 34 WHEREAS, the redistricting ordinance has been challenged in state court and the 35 City has been threatened with litigation in federal court should the City undertake a system 36 other than the 10-1 System; 37 38 WHEREAS, the Virginia Code allows for the holding of an election to determine if 39 the voters desire the General Assembly amend a local charter; 40 41 WHEREAS, the City Council desires for the voters of the City to provide input on 42 the future election system of the City through a referendum; 43 44 WHEREAS, the next general election is November 4, 2025; 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 47 OF VIRGINIA BEACH, VIRGINIA: 48 49 1. That, pursuant to § 15.2-201 of the Virginia Code, the Circuit Court of the 50 City of Virginia Beach is hereby requested to order an election to be conducted in 51 accordance with Code of Virginia §§ 24.2-682 and 24.2-684 and held on November 4, 52 2025 to take the sense of the qualified voters of the City on the question of whether the 53 City Charter should be amended to authorize the 10-1 System. 54 55 2. That the question to appear on the ballot shall read as follows: 56 57 Should the method of city council elections set forth in the 58 Virginia Beach City Charter be changed from a modified 7-3-1 59 system to a 10-1 system? 60 61 A "yes" vote means that you support the 10-1 system, which was 62 used in the 2022 and 2024 city council elections. In the 10-1 63 system, the city is divided into 10 districts and the voters of each 64 district elect a single council member with the mayor elected at- 65 large (city-wide). 66 67 A "no" vote means you support the 7-3-1 system described in the 68 current city charter as modified by a general law change that 69 occurred in 2021. In the modified 7-3-1 system, the city is divided 70 into 7 districts and the voters of each district elect a single 71 council member, with three other council members and the 72 mayor elected at-large (city-wide). 73 74 Yes 75 76 No 77 78 79 3. That a copy of the proposed ordinance shall be made available for 80 inspection at the City Clerk's Office, on the City's website, and all public libraries and 81 recreation centers within ten days of the passage of this resolution. Furthermore, the City 82 Clerk shall fax or email a copy of the proposed ordinance to any citizen upon request. 83 84 4. That the City Attorney is hereby directed to file a certified copy of this 85 resolution, along with an appropriate petition and order, with the Circuit Court of the City 86 of Virginia Beach for such an election to be held on November 4, 2025. 87 2 88 Adopted by the City Council of the City of Virginia Beach, Virginia, this day 89 of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16867 R-1 April 2, 2025 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition in fee simple for the 17th Street Improvements Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 , and the acquisition of temporary and permanent easements, either by agreement or condemnation, reflecting areas changed since previous authority was granted. PUBLIC HEARING DATE: April 15, 2025 MEETING DATE: May 6, 2025 ■ Background: On June 18, 2024, Council adopted Ordinance ORD-3779B (the "2024 Ordinance") approving the major design features and authorizing the acquisition of property and easements by agreement or condemnation for the 17th Street Improvements, Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 (the "Project"), The Project is a roadway improvements project, along 17th Street (Virginia Beach Boulevard) from Cypress Avenue to Pacific Avenue. The Project provides improved function and connectivity for the 17th Street Corridor through the implementation of an 80-foot typical section consisting of wider sidewalks, bicycle lanes, traffic signals, curb and gutter, and accessibility upgrades including improved crosswalks and curb ramps along four lanes of traffic. The Project will also provide associated utility improvements, including undergrounding of overhead utilities, new stormwater, sanitary sewer and water infrastructure. This Project first appeared in the FY 2019-20 CIP. A portion of the design for the Project (30%) is funded by CIP 100459 (formerly CIP 9-020), ViBe District Street Infrastructure Improvements. Construction is expected to begin by the end of 2025. The Project funding uses associated debt service, which is anticipated to be paid out of the Tourism Investment Program Fund. Rehabilitation of the 17th Street Corridor is a critical component in the success of the Central Beach Entertainment District development and has been identified as a need in the Resort Area Strategic Action Plan. 17th Street serves as one of several vehicular priority streets providing a direct connection and gateway to the Oceanfront from all points west to local businesses, and this Project will make the corridor more accessible and functional. Since the 2024 Ordinance was adopted, Public Works has made various design changes to the Project along 17th Street including: changes to access (ingress/egress to 17th Street), relocation of public and private utilities, and sizes of property interests and easements being acquired for the Project. The plats and plans for the Project have been amended to include the revised areas. ■ Considerations: The major design features of the Project, as approved in the 2024 Ordinance, have not changed. ■ Public Information: An advertised public hearing will be held on April 15, 2025, and public notice will be provided via the normal Council agenda process. A previous hearing on the Project occurred on June 4, 2024 prior to the adoption of the 2024 Ordinance. ■ Alternatives: Deny the Ordinance and risk delaying the Project ■ Recommendations: Approval. ■ Attachments: Ordinance, Ordinance 3779B and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:rAp 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION IN FEE SIMPLE FOR THE 17th 3 STREET IMPROVEMENTS PHASE I PACIFIC 4 AVENUE TO CYPRESS AVENUE PROJECT, 5 CIP 100001, AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS 7 EITHER BY AGREEMENT OR 8 CONDEMNATION, REFLECTING AREAS 9 CHANGED SINCE PREVIOUS AUTHORITY 10 WAS GRANTED ii la WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 13 public necessity exists for the construction of this important roadway project to improve 14 transportation within the City and for other related public purposes for the preservation of 15 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 16 people in the City of Virginia Beach; 17 18 WHEREAS, on June 18, 2024, City Council adopted Ordinance 3779B approving 19 the major design features and authorizing the acquisition of property and easements by 20 agreement or condemnation for the 171h Street Improvements Phase I Pacific Avenue to al Cypress Avenue Project, CIP 100001 (the "Project"); 22 23 WHEREAS, due to Project design changes, it is necessary to amend the City 24 Council's authorization to acquire property and easements either by agreement or 25 condemnation to reflect the updates to the plats and plans since Ordinance 3779B was 26 adopted; and 27 28 WHEREAS, the major design features of the Project as previously approved have 29 not changed. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 Section 1. That the City Council authorizes the acquisition by purchase or 35 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seg., and 36 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 37 simple, including temporary and permanent easements and entire tracts upon which such 38 rights of way and easements shall be located within the limitations and conditions of 39 Section 33.2-1007, as amended (the "Property"), as shown on the Project plans entitled 40 17T" STREET IMPROVEMENTS PHASE I PACIFIC AVENUE TO CYPRESS AVENUE 41 CIP # 100001," and more particularly described on the acquisition plats for the Project 42 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the 43 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 44 45 Section 2. That the City Manager is hereby authorized to make or cause to be made 46 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 47 offer to the owners or persons having an interest in said Property. If refused, if the property 48 owners are unable to convey clear title, or if the owners cannot be identified or located, the 49 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 50 to condemn to acquire title to the Property. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 53 , 2025. CA16716 R-1 03/24/2025 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d025\p047\01035126.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM C4, L",0, 4Z� F�JBLIC WOR /REAL ESTATE CITY A ORNE ORD - 1 3779B 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION IN FEE SIMPLE FOR THE 17th 3 STREET IMPROVEMENTS PHASE I PACIFIC 4 AVENUE TO CYPRESS AVENUE PROJECT, 5 CIP 100001, AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS 7 EITHER BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, the 1711 Street Improvements Phase I Pacific Avenue to Cypress 11 Avenue Project, CIP 100001 (the"Project"), is a roadway improvements project to improve 12 transportation, stormwater, public utilities and safety within the City and for other related 13 public purposes for the preservation of the safety, health, peace, good order, comfort, 14 convenience, and for the welfare of the people in the City of Virginia Beach; 15 16 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 17 public necessity exists for the construction of this important roadway project to provide 18 improved functioning and connectivity, including wider sidewalks, bicycle lanes, traffic 19 signals, curb and gutter, and accessibility upgrades including improved crosswalks and 20 curb ramps along four lanes of traffic. The Project will also provide associated utility 21 improvements, including undergrounding of overhead utilities, new stormwater, sanitary 22 sewer, and water infrastructure. 17th Street, which is the eastern end of Virginia Beach 23 Boulevard, serves as one of several vehicular priority streets providing a direct connection 24 and gateway to the Oceanfront from all points west to local businesses, and this Project will 25 make the corridor more accessible and functional for the preservation of the safety, health, 26 peace, good order, comfort and convenience and for the welfare of the people in the City of 27 Virginia Beach. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 Section 1. That the City Council authorizes the acquisition by purchase or 33 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seg., and 34 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 35 simple, including temporary and permanent easements (the "Property"), as shown on the 36 Project plans entitled "17T" STREET IMPROVEMENTS PHASE I PACIFIC AVENUE TO 37 CYPRESS AVENUE CIP NO. 100001,"and more particularly described on the acquisition 38 plats for the Project (plats and plans collectively referred to as the"Plans"), the Plans being 39 on file in the Engineering Division, Department of Public Works, City of Virginia Beach, 40 Virginia. 41 42 Section 2. That the City Manager is hereby authorized to make or cause to be made 43 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 44 offer to the owners or persons having an interest in said Property. If refused, if the property 45 owners are unable to convey clear title, or if the owners cannot be identified or located, the 46 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 47 to condemn to acquire title to the Property. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia,on the J151$1 day of 50 _ , 2024. CA16281 R-1 5/6/2024 \\vbgov.com\dfs1\applicationsldtylaw\cycom321wpdocs\d0051p048100943282.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM P 131-lt WORK /R AL ESTATE CITY ATTORNEY - �H W E *�%► � , H(�,�F S� :tE `" .ems '; 20_ t Y':.. •_ . \'r ,r. SYOZ - t gip'. l.. � 1+ .A S OW rps IR low— AS r S i .. v x ( m y t 1 4�y (� `6 ! a iW► n00 . . �4D ,,� � ' ;,�,�. • �� of �� �,,. -,� �v sa lip- °� _ ,. 'a`s.- .off • e v m 1� .,;6 � tr 151H Sl LOCATION MAP 17th STREET IMPROVEMENTS PH 1 Legend .- 'a PACIFIC AVENUE TO CYPRESS AVENUE CIP #100001 Project Area 15TH S \; L'1 - • � ... Feet City Property ~`"� a ;� H S Prepared by P.W./Eng./Eng.Support Services Bureau 01/29/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\17th St\CIP#100001\CIP#100001 Aerial.mxd N H gT w E 2o�H.HA�Ff1 o s �-264 4n 1 m oSirE m � l;t, 1 IL K AV , ?� 1�- .HPLF:S1 1 n L m m A. ST LOCATION MAP 17th STREET IMPROVEMENTS PH 1 Legend PACIFIC AVENUE TO CYPRESS AVENUE T% c CIP #100001 Project Area �H.S� Feet City Property m 14 0 300 600 Prepared by P.W./Eng./Eng.Support Services Bureau 01/29/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\17th SACIP#100001\CIP#100001.mxd `p.�l.l 6Ci CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease Extension for up to 18 Months with the Virginia Museum of Contemporary Art for City- owned Property Located at 2200 Parks Avenue MEETING DATE: May 6, 2025 (DEFERRED: April 15, 2025) ■ Background: The City of Virginia Beach (the "City") owns property located at 2200 Parks Avenue (GPIN: 2417-88-0355), consisting of 9.617 acres of land, together with a 38,000 square foot building (collectively, the "Premises"). Since 1986, the City has leased the Premises to the Virginia Museum of Contemporary Art ("MOCA"). The current lease (the "Lease") was approved by City Council on July 21, 2020, by Ordinance ORD-3634A, and expires on April 30, 2025. MOCA is in the process of relocating its operations to the campus of Virginia Wesleyan University ("Virginia Wesleyan") in Virginia Beach. MOCA anticipates this relocation will be complete within the next 12 months and has requested a short-term extension of its existing lease of the Premises during that time. To ensure ample time for its relocation, the representatives of City staff and MOCA have determined that an 18-month extension of the Lease is appropriate. ■ Considerations: Rent would be one dollar ($1.00) per year. Under the Lease, MOCA is required to remain open to the public at least 120 days and 1 ,000 hours per year. This requirement would be waived at such time as MOCA needs to close to facilitate its relocation. Otherwise, the terms and conditions of the Lease will remain unchanged and are set forth in the Summary of Terms attached to the Ordinance. Should MOCA's relocation be completed prior to the 18-month period, the Lease would be terminated at that time. This matter was originally on the Council's agenda for April 15, 2025 but was deferred to allow an amendment to the proposed lease terms. The Lease has been amended to provide that the Lease will terminate within 15 days of MOCA receiving its certificate of occupancy at Virginia Wesleyan and begins to offer programing to the public. ■ Public Information: A public hearing was advertised on March 23, 2025 in The Virginian-Pilot. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve Lease extension as presented, change terms of the Lease, or deny extending the Lease. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: I AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE EXTENSION FOR UP TO 18 3 MONTHS WITH THE VIRGINIA MUSEUM OF 4 CONTEMPORARY ART FOR CITY-OWNED PROPERTY 5 LOCATED AT 2200 PARKS AVENUE 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of 9.617 acres of 8 land and a 38,000 square foot building located at 2200 Parks Avenue (GPIN: 2417-88- 9 0355) (collectively, the "Premises"); 10 11 WHEREAS, the Virginia Museum of Contemporary Art ("MOCA") has leased the 12 Premises from the City since 1986 for the operation of its art museum; 13 14 WHEREAS, MOCA desires to extend its lease agreement with the City for the 15 Premises; and 16 17 WHEREAS, the City staff has determined that continuing to lease the Premises 18 to MOCA will benefit the community by providing a cultural experience to both residents 19 and tourists. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That the City Manager, or his designee, is hereby authorized to execute a lease 25 for up to 18 months between the Virginia Museum of Contemporary Art and the City of 26 Virginia Beach for the Premises, in accordance with the Summary of Terms attached 27 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 28 modifications as may be acceptable to the City Manager and in a form deemed 29 satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 32 -___ -__ , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P blic Works / eal Estate City Attorney CA16709 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d023\p048\01027107.docx R-1 April 23, 2025 EXHIBIT A SUMMARY OF TERMS LEASE FOR THE USE OF 9.617 ACRES OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: City of Virginia Beach (the "City") LESSEE: Virginia Museum of Contemporary Art ("MOCK) PREMISES: Approximately 9.617 acres of City-owned property located at 2200 Parks Avenue (GPIN: 2417-88-0355), which includes a 38,000 square foot facility. TERM: 18 months (May 1, 2025 through October 31, 2026) RENT: One Dollar($1.00) Per Year RIGHTS AND RESPONSIBILITIES OF THE MOCA: • Use the Premises for art exhibits, related special events, receptions, meetings, art classes, and such other activities as will enhance the public's access to art and culture in the City of Virginia Beach, and for no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1,000 hours per year, until MOCA closes its operations at the Premises in anticipation of its relocation to the campus of Virginia Wesleyan University. • Maintain a sign during the term of the Lease, which shall give recognition to the City as a principal in the ownership and establishment of the Premises. • Maintain commercial general liability insurance with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City as an additional insured. • Assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. 1 • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. • Pay all taxes assessed and due on the Premises, should the current exemption cease to apply to Lessee. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping. • Provide payment for all water, sewer, and stormwater utility costs and fees. • City may access the Premises at reasonable times, during normal business hours, for the purpose of inspecting or repairing the Premises; however, no notice need be given in the event of an emergency. TERMINATION: • The Lease shall terminate fifteen (15) days from the date MOCA receives a certificate of occupancy for its operations at Virginia Wesleyan and begins to offer programs to the public. • In the event of a default by the Lessee, Lessee has 45 days after written notification from the City in which to cure the default. If not cured, the City may terminate the Lease. 2 24U 2407 3474 2410 Oa 330 840 � P 2403 343 836 632 e3 LOCATION MAP `F Sao (2200 Parks Avenue/GPIN: 2417-88-0355) -37 337 as 820 7; W5 816 726 720 716 71.2 a4t 7�a 819 728 332 340 A 813 et1 sss ,� � 330 = ea9 a11a 934 no `ri`Ys 711 709 707 705 73T �7 71s 3 $14 32a eta C m �aRt's u 836 832 04 a,a afl 512 804 704 TOGA T12 736 504405 x 740 7348 SD4Q�i2 a20 ���F a21 2M T 500402 362 164 _ggFw tis,yr. 300-203 as at, `artt«+ 729 at'•'�qtn>s G a vltCf ST 89Ri $78 �B ea4 0 V�kN� �a 21$1,200 a m � " aa7 iT1 � Oa 1, 40 D z. ��► Esri. HERE. Garmin. FAO. NOAA. USGS. EPA. NI V--B VIRGINIA Disclosure BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the — application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Virginia Museum of Contemporary Art (Alison Byrne, Executive Director) is Applicant also the Owner of the subject property? Yes®Noe If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? YesO Noe If yes, name Representative: Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoO 1f yes, list the names of all officers, directors, members, or trustees below AND businesses that hove a parent-subsidiary'or afllated business entity'relationship with the applicant. (Attach list if necessary.) See attached sheet oes t e subject property have a proposed or pending purchaser? Yes No • -- If yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No e If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity andfor individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO -- SERVICE PROVIDER (Name entity andfor individual Financing(mortgage,deeds of trust, O Q Corbin&Company,P.0 cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. M a y-2o24 .— page 1 of 3 t SECTION 1 : APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accountin (Tax Return Preparation O Architect/Designer/Landscape © O Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 Legal Services 0+0 1 APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Alison Byrne 03/17/2025 Applicant Name(Print) Applicant lgnature Date "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly awns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(fii)there is shored management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person awn or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name(Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name: as listed on application _ Cgy Of V%1'g%nia Beach -- —-Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesON00 if yes, list the names of all officers, directors,members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary) ll _I Does the subject property have a proposed or pending purchaser? Yeso—hloo if yes,name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No0 l yes,name the official or employee,and describe the nature of their interest. l PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES ' NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, © O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor © 0 Accounting/Tax Return Preparation Q Architect/Designer/Landscape Architect/land Planner Construction Contractor 0 Engineer/Surveyor/Agent © 0 Legal Services ( ii PROPERTY OWNER CERTIFICATION READ:1 certify that all information contained in this form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA,CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 COMING 5 u AS c I K f VIRGINIA MUSEUM OF CONTEMPORARY ART BOARD OF TRUSTEES Bruce Bwlin-Chair Jordan Asher Managing Partner,Venture Realty Group Executive Vice President and Chief Physician Executive, Susan Cohen—Vice Chair Sentare Partner,SpringOak Associates Annemljn van der BIJI Nick Lourides—Treasurer Marketing Director,Audit,KPMG LLP Vice President,Investment Office, Virginia"Glnny"Fogg Wells Fargo Advisors Retired General Counsel,Norfolk Southern Corporation Connie O'Brien—Secretary Matthew Galumbeck Senior Vice President,Marketing&Digital Operations, Retired Plastic Surgeon PRA Group Martha Goode Nicole Naldyhorski—Immediate Past Chair Vice President,Goode Family Foundation Marketing Director,Kaufman&Canoles,P.C. Sue Grubs Scott Duncan—At Large President,Rouge Retired Senior Vice President/General Manager, Maria Hlilebrandt The Capital Group Companies Founder,Hillebrandt Consulting Jeff Fins—Al;-Large Vice President Runnymede Corporation and John KatalasPresident,The Katsias Company Principal,Fresh Shrimp Productions Anne Rader—At-Large Kirkland Kelley Community Volunteer Retired Partner,Kaufman&Canoles,P.C. Alison Byrne Joan Moray,M.D. Executive Director,VMOCA Chief Executive Officer and Founder of Ad Astra Media LLC Mark Nelson Partner and Co-Founder,Cavanaugh Nelson,PLC Dm Cassandra Newby-Alexander Endowed Professor of Virginia Black History and Culture, Honorary Trustees NorFoik State University Jane Batten Suzanne Mostracco Meredith Reneger Uscht Butler Valerie Neff Wilcox Savage,Partner William Campbell James Spruance Kim Mc Barbara Fine Robert Stein Coy Webb Barbara Fleming Linda Taylor Experienced Professional,Artist,Student Laura wood Co-founder,ViBe Creative District ..k!slk. l' -•rJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Dissolve the 2040 Vision to Action Community Coalition Commission MEETING DATE: May 6, 2025 ■ Background: In 2011, the City Council established the Envision Virginia Beach 2040 Committee ("the committee") to study and analyze trends and forces affecting our community to determine the future of Virginia Beach in 2040. The committee produced a report, which the Council endorsed in 2012. Later that year, the Council appointed the 2040 Vision to Action Community Coalition Commission ("the commission") to monitor and measure the planning and implementation of the 2040 report and to share the vision detailed in the report with regional bodies, delegations and community groups. In 2018, the commission briefed the City Council on its outreach efforts with various committees, civic organizations, and nonprofits. In August 2024, the commission submitted an annual report to the City Council that indicated that the commission had not met since 2020. ■ Considerations: The attached ordinance will dissolve the commission. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance. Requested by the City Council 1 AN ORDINANCE TO DISSOLVE THE 2040 VISION TO 2 ACTION COMMUNITY COALITION COMMISSION 3 BE IT ORAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, THAT: 5 The 2040 Vision to Action Community Coalition Commission is hereby dissolved. 6 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 7 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16875 R-1 April 10, 2025 wti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Sections 5-301 through 5-304 Pertaining to Pet Licensing MEETING DATE: May 6, 2025 ■ Background: The Treasurer's Office is using a new vendor to aid in pet licensing. As a result, the Treasurer's Office has reexamined its current pet licensing procedures and is seeking new, more effective methods to aid citizens in licensing their pets that are still compliant with state code requirements. The proposed amendments accomplish that by removing the previous provisions allowing for prorated licensing fees. Rather, all that is required when obtaining a pet license is proof of a current rabies vaccine of the dog or cat to be licensed. References to "catteries" in § 5-303 have been removed, as state code does not provide a definition for "cattery"; the term "kennel" includes dogs and cats. ■ Considerations: Virginia Code § 3.2-6528 authorizes localities to impose by ordinance a license tax on dogs and cats within its jurisdiction. Virginia Code § 3.2-6527 requires that when a person obtains a pet license, proof of a current rabies vaccine is provided. ■ Public Information: This ordinance will be advertised in the same manner as other Council agenda items. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Treasurer's Office City Manager: PW 1 AN ORDINANCE TO AMEND SECTIONS 5- 2 301 THROUGH 5-304 TO THE CITY CODE 3 PERTAINING TO PET LICENSING 4 5 SECTIONS AMENDED: § 5-301 THROUGH 5- 6 304 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Sections 5-301 through 5-304 of the Code of the City of Virginia Beach, 12 Virginia are hereby amended and reordained to read as follows: 13 14 Sec. 5-301. Application; applicant to be city resident. 15 16 (a) Any person may obtain a one-, two-, or three-year city dog or cat license by making 17 oral or written application to the city treasurer or an appointed agent, accompanied 18 by the amount of the license tax and the evidence of vaccination required 19 by section 5-306. 20 21 (b) Additionally, any person obtaining a rabies vaccination from a vet-agent as provided 22 in section 5-302 below may obtain a one-, two-, or three-year local license t#af-ems 23admkiimeredby paying the tax as provided 24 in section 5-303. The vet-agent shall only have authority to license dogs and cats of 25 resident owners or custodians who reside within the city. 26 27 (c) Any person purchasing a dog or cat license shall provide residency information to 28 the city treasurer or the appointed agent. It shall be unlawful for any person to make 29 any false statement in or present any false evidence with an application submitted 30 under this section, in order to secure a dog or cat license to which such person is not 31 entitled. 32 33 (d) A one-year license tag shall be valid for up to twelve (12) months from the date of 34 issu vaGGI-atieR; a two-year license 35 tag shall be valid for up to twenty-four (24) months from the date of issue,not 36 ; and a three-year license tag 37 shall be valid for up to thirty-six(36)months, 38 The vaccination required b� City Code § 5-200 shall remain 39 current durin,. the period that a license_tag is valid, unless the exception in 5-200(a) 40 a lies. 41 42 Sec. 5-302. Veterinarians as appointed agents. 43 44 (a) The city treasurer may appoint agents for the collection of the license tax and the 45 issuance of the license tags. Any veterinarian who vaccinates or supervises the 46 vaccination of dogs and cats against rabies and is licensed to do business in Virginia 47 Beach may submit an application to the city treasurer for such an agent appointment. 48 49 (b) The vet-agent shall have authority to issue local license tags on those occasions 50 where he or she is presented with a current rabies certificate or when administering 51 rabies vaccinations to dogs or cats of owners or custodians who reside within the 52 city. 53 iR G09URGN With the GUFFORt GOFtifiG The vet-agent shall collect the required fee 54 as outlined below in section 5-303.The fee and the required report shall be submitted 55 to the city treasurer as provided in the written agreement required in subsection (d) 56 below. 57 58 (c) For every one-,two-, or three-year local license tag issued, the vet-agent shall deduct 59 one dollar($1.00)from the amount due to the city treasurer. 60 61 (d) Each appointed vet-agent shall agree in writing to abide by procedures and protocols 62 established by the city treasurer. Any vet-agent who fails to follow the established 63 procedures or protocols may have his or her authority to collect the license taxes and 64 issue the license tags revoked by the city treasurer. 65 66 Sec. 5-303. Tax imposed. 67 (a) A license tax is hereby imposed on dogs and cats required to be licensed under 68 this article in the following nonrefundable amounts: 69 (1) For each dog or cat, not spayed or not neutered: 70 1-year tag.....$10.00 71 2-year tag.....$20.00 72 3-year tag.....$30.00 73 (2) For each dog, spayed or neutered: 74 1-year tag.....$7.00 75 2-year tag.....$14.00 76 3-year tag.....$21.00 77 (3) For each cat, spayed or neutered: 78 1-year tag.....$5.00 79 2-year tag.....$10.00 80 3-year tag.....$15.00 81 (4) Kennel of five (5) to twenty(20)dogs, cats, or combination of either-4ye-f&He 82 MORty(20)oats, annually.....$35.00 83 (5) Kennel of twenty-one (2 1) or more dogs, cats. or combination of either.efef 84 --- annually.....$50.o0 85 Pursuant to Code of Virginia § 3.2-6500, a "kennel" is any establishment in which five or 86 more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, 87 training, renting, buying, boarding, selling, or showing. The owner of a kennel er-� 88 shall pay the kennel of-Ga"tax imposed above but shall not be required to also pay 89 the individual dog or cat license fees listed in subsections (1) and (2) for any dog or cat 90 that is owned by the owner of the kennel of ratterp and that is housed within the kennel 91 ef-satisfy. 92 (b) A license tax in the nonrefundable amount of fifty dollars ($50.00) is hereby 93 imposed on pet shops, annually." 94 Pursuant to Code of Virginia § 3.2-6500, a "pet shop" is a retail establishment where 95 companion animals are bought, sold, exchanged, or offered for sale or exchange to the 96 general public. 97 98 OF she MGVe6 te ViFginia Beach OF 99 ' )Fated Fnay only be imposed 100 101 102Fabies xpirat+ef} 103be provided at tiMe Of liGensin 104 !iGenre fee shall b amount of a ronrinn he{nm 105 ..9 �.0�, ee 106 (1) Twenty five (25) peFGent ef ths annual fee if at least one (1) 107 month, 108 but less than 109 months, , 110 111 but e-exp months, 112 113 114 115 • 116 117 118 , and shall be impesqd-a6 f9ilows, 119 (1) Twenty-five (25) PGFGeRt of the annual fee if at least one moRth, but less than 120 121 122 123 124 , 125 126 127 (e) (c) No license tax shall be levied under this section on any dog that is trained and 128 serves as a guide dog for a blind person, that is trained and serves as a hearing 129 dog for a deaf or hearing-impaired person, or that is trained and serves as a service 130 dog for a mobility-impaired person. For the purposes of this subsection, a "hearing 131 dog" is a dog trained to alert its owner, by touch, to sounds of danger and sounds 132 to which the owner should respond, and a "service dog" means a dog trained to 133 accompany its owner for the purpose of carving items, retrieving objects, pulling a 134 wheelchair or other such activities of service or support. 135 (f) (!ft) Any person who applies for a license tag for a neutered or spayed dog or cat 136 shall present, at the time of application, an appropriate veterinarian's certification 137 suitable to the city treasurer attesting to the neutering or spaying of the dog or cat. 138 If such certification is not so presented, the dog or cat shall be taxed the fee levied 139 on unneutered and unspayed dogs or cats. 140 Sec. 5-304. When tax due and payable. 141 The license tax on dogs and cats shall be due and payable as follows: 142 (1) When a dog or cat becomes four(4) months of age and receives its first rabies 143 vaccination. 144 145 (3 2�Within thirty (30)days from the day a person brings a dog or cat into the city from 146 another jurisdiction, if such dog or cat is to be kept in the city more than thirty (30) 147 days. 148 (3)_When a previous license has ex; ired. 149 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2025. APPROVED AS TO CONTENT: O E AS TO ONTENT: Treas: rer's Office Police art p nt APPROVED AS TO LEGAL SUFFICIENCY: C"Attory's Office CA16776 R-1 April 4, 2025 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of City Council Approving the Issuance of an Educational Facilities Revenue Bond (Virginia Wesleyan University), Series 2025 MEETING DATE: May 6, 2025 ' Background: The City of Virginia Beach Development Authority(the"Authority") has considered the application of Virginia Wesleyan University (the "University"), requesting the issuance by the Authority of its revenue bonds in an amount not to exceed $10,000,000 (the "Bonds") in order to assist the University in (1)financing or refinancing all or a portion of the costs of acquiring, planning, designing, constructing, improving, renovating and/or equipping related to (a) the refurbishment of certain existing University buildings on its campus located in and around 5817 Wesleyan Drive in the City of Virginia Beach, Virginia, including but not limited to roof and HVAC replacements and library and residence hall renovations, (b)the reconstruction of existing pavement surfaces on such campus, and (c)the acquisition of information technology systems and vehicles for use on such campus; and (2) financing amounts required for reserves, working capital, capitalized interest, costs of issuance and other financing expenses related to the issuance of the Bonds. ' Considerations: The matter comes before Council for its approval pursuant to§ 15.2- 4906 of the Code of Virginia,which requires the municipality on whose behalf the Bonds of an authority are issued to either approve or disapprove any financing recommended by a development authority. The Authority's public hearing was held on April 8, 2025. The debt issued shall be non-recourse to the City,the Authority and the Commonwealth of Virginia and shall not constitute a debt of any of those bodies.The University is a not- for-profit institution of higher education. • Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of§15.2-4906 of the Virginia Code. ' Recommendation: Approval ' Attachments: Resolution Authority's Submittal Letter to Council w/attachments: -Certificate -Notice of Public Hearing -Summary of Statements of Public Hearing -Authority's Resolution -Statement of Authority -Economic Development's Letter to Authority Location Map Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager./I�io I RESOLUTION OF CITY COUNCIL APPROVING THE 2 ISSUANCE OF EDUCATIONAL FACILITIES REVENUE 3 BONDS (VIRGINIA WESLEYAN UNIVERSITY) 4 5 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has 6 approved the application of Virginia Wesleyan University (the "University"), a Virginia 7 nonstock corporation, whose primary business address is 5817 Wesleyan Drive, Virginia 8 Beach, Virginia 23455, requesting that the Authority issue up to $10,000,000 of its 9 revenue bonds in one or more series at one time or from time to time (the "Bonds") and 10 loan the proceeds of the Bonds to the University in order to assist the University in (1) 11 financing or refinancing all or a portion of the costs of acquiring, planning, designing, 12 constructing, improving, renovating and/or equipping related to (a) the refurbishment of 13 certain existing University buildings on the campus (which is located in and around the 14 address stated above), including but not limited to roof and HVAC replacements and 15 library and residence hall renovations, (b) the reconstruction of existing pavement 16 surfaces on such campus, and (c) the acquisition of information technology systems and 17 vehicles for use on such campus; and (2) financing amounts required for reserves, 18 working capital, capitalized interest, costs of issuance and other financing expenses 19 related to the issuance of the Bond (collectively, the "Plan of Finance"); 20 21 WHEREAS, the Authority held a public hearing on April 8, 2025, regarding the Plan 22 of Finance; 23 24 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended 25 (the "Code"), provides that the governmental unit having jurisdiction over the issuer of 26 private activity bonds and over the area in which any facility financed with the proceeds 27 of private activity bonds is located must approve the issuance of the bonds and Section 28 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, 29 Code of Virginia of 1960, as amended (the "Act"), sets forth the procedure for such 30 approval; 31 32 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 33 Virginia (the "City"), and the facilities to be financed and refinanced with the proceeds of 34 the Bonds are located in the City and the City Council of the City of Virginia Beach, 35 Virginia (the "Council"), constitutes the highest elected governmental unit of the City; 36 37 WHEREAS, the Authority has recommended that the Council approve the Plan of 38 Finance and the issuance of the Bonds; and 39 40 WHEREAS, a copy of the Authority's resolution approving the issuance of the 41 Bonds, subject to the terms to be agreed upon, and a certificate of the public hearing 42 have been filed with the Council, 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 45 OF VIRGINIA BEACH, VIRGINIA: 46 1. The Council hereby approves the issuance of the Bonds, in an aggregate 47 principal amount up to $10,000,000, by the Authority for the benefit of the University, 48 solely to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the 49 Act, to permit the Authority to assist in accomplishing the Plan of Finance. 50 51 2. The approval of the issuance of the Bonds does not constitute an 52 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan 53 of Finance or the University. In accordance with Chapter 643 of the Acts of Assembly of 54 1964, as amended, the Bonds shall not be deemed to constitute a debt or a pledge of the 55 faith and credit or taxing power of the Commonwealth of Virginia or any political 56 subdivision thereof, including the Authority and the City. 57 58 3. This resolution shall take effect immediately upon its adoption. 59 60 Adopted by the City Council of the City of Virginia Beach, Virginia, on 61 2025. APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY: O Development City Attorney CA16719 Nvb90v.00mWfs 1 Wpplicationslcitylawlcycom321wpdocs\d0171p051101041061.dmx R-1 April 24, 2025 2 7 VIRGINIA BEACH April 25, 2025 The Honorable Robert M. Dyer, Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Virginia Wesleyan University Educational Facility Revenue Bonds Dear Mayor Dyer and Members of Council: We submit the following in connection with the request of the Virginia Wesleyan University's application for the issuance of educational facility revenue bonds in an amount not to exceed $10,000,000 for the project located at 5817 Wesleyan Drive, Virginia Beach, Virginia 23455. 1. Certificate of the City of Virginia Beach Development Authority (the"Authority")with the following attachments: a) Evidence of publication of notice of hearing(Exhibit A). b) Summary of the statements made at the public hearing(Exhibit B). c) Authority's Resolution recommending Council's approval (Exhibit Q. 2. Statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above(Exhibit D). 3. Letter from Dept. of Economic Development to the Authority commenting on the project (Exhibit E). Very truly yours, r C Lisa M. Murphy Chair Enclosures LMM/AWS/csk 4525 Main Street. Suite 700, Virginia Beach,VA 23462/(757) 385-6464 CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"),hereby certifies as follows: 1. A meeting of the Authority was duly called and held on Tuesday, April 8, 2025, at 8:30 a.m.before the Authority in the Authority's offices located at 4525 Main Street, Suite 700, Virginia Beach, Virginia. 23462, pursuant to proper notice given to each Commissioner of the Authority before such meeting.The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chair announced the commencement of a public hearing on the application of Virginia Wesleyan University, a Virginia nonstock corporation organized under the laws of the Commonwealth of Virginia, and that a notice of the hearing was published once in the Virginian- Pilot, a newspaper having general circulation in the City of Virginia Beach, Virginia (the "Notice"), with the publication appearing not less than seven days prior to the hearing date. A copy of the Notice is attached and has been filed with the minutes of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of the approving resolution (the "Resolution") adopted at such meeting of the Authority by a majority of the Commissioners present at such meeting.The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution.The Resolution has not been repealed,revoked,rescinded or amended and is in full force and effect on this date. WITNESS my hand and the seal of the Authority,as of ,2025. --1 cretary I Assistant Secretary City of Virginia Beach Development Authority [SEAL] Exhibits: A - Copy of Certified Notice B - Summary of Statements C -Approving Resolutions EXHIBIT A NOTICE OF PUBLIC HEARING (See Attached) 4W VI RGI N IA M E O 1 A Sold To: Kaufman&Canoles(Richmond)-C000009394 1021 East Cary St,Ste 1400 RICHMOND,VA 23219-4092 Bill To: Kaufman&Canoles(Richmond)-C000009394 1021 East Cary St,Ste 1400 RICHMOND,VA23219-4092 Affidavit of Publication State of Illinois County of Cook Order Number:7791493 Purchase Order: This day,Jeremy Gates appeared before me and,after being duly sworn,made oath that: 1)He/she is affidavit clerk of The Virginian Pilot,a newspaper published by Virginian-Pilot Media Companies,LLC in the city of Norfolk,Portsmouth,Chesapeake,Suffolk and Virginia Beach and the Commonwealth of Virginia and in the state of North Carolina. 2)That the advertisement hereto annexed has been published in said newspaper on the dates stated below 3)The advertisement has been produced on the websites classifieds.pilotonline.com and hftps://www.publicnoticevirginia.com Published on:Apr 01,2025. *4# Jeremy Gates Subscribed and sworn to before me in my city and state on the day and year aforesaid this 2 day of April, 2025 My commission expires July 6,2025 Notary Signature OARIA JOE Rotary Fublk Stake of Illlnofs Aty CommisOw Exptres Jul 6, 2025 Notary Stamp 'M VIRGINIA IAMEDIA NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF UP TO $10.000,000 OF ITS REVENUE BONDS FOR THE BENEFIT OF VIRGINIA WESLEYAN UNIVERSITY Notice is hereby given that the City of Virginia Beach Development Author- ity (the "Authority"), will hold a public hearing on the application of Virginia Wesleyan University. a Virginia non- stock corporation (the "University"). whose address is 5817 Wesleyan Drive, Virginia Beach,Virginia 23455. requesting the Authority issue up to $10,000,000 of its tax-exempt rev- enue bonds (the "Bonds"). in one or more series from time to tine to fi- nance the plan of finance described be- low(the"Plan of Finance").The Bonds are expected to be issued as qualified 501(c)(3)bonds as defined in Section 145 of the Internal Revenue Code of 19B6,as amended. The Authority will loan the proceeds of the Bonds to the University: (1) to finance or refinance all or a portion of the costs of acquiring, planning. designing, constructing. improving. renovating and/or equipping related to (a)the refurbishment of certain exist- ing University buildings on the campus (which is located in and around the ad- dress stated above),Including but not limited to roof and HVAC replacements and library and residence hall renova- tions.(b)the reconstruction of existing pavement surfaces on such campus, and (c) the acquisition of information technology systems and vehicles for use on such campus (collectively, the 'Projects"):and(2)to finance amounts required for reserves, working capital. capitalized interest,costs of issuance and other financing expenses related to the issuance of the Bonds. The Unk versity expects to own and operate the Projects being financed as part of the Plan of Finance. THE ISSUANCE OF THE BONDS AS REQUESTED BY THE UNIVERSITY WILL NOT CONSTITUTE A DEBT OR PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY OTHER POLITICAL SUBDIVISION THEREOF.INCLUDING THE.AUTHORITY AND THE CITY OF VIRGINIA BEACH,VIR- GINIA, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THERE- OF, INCLUDING THE CITY OF VIRGINIA BEACH, VIRGINIA. WILL BE PLEDGED TO THE PAYMENT OF SUCH BONDS BUT WILL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM THE UNIVERSITY .AND PLEDGED TO THE PAYMENT THEREOF. The public hearing,which may be con- tinued or adjourned, will be held at 8:30 a.m. on Tuesday, .April 8. 2025, before the .Authority, in the Authority's offices located at 4525 Main Street, Suite 700. Virginia Beach, Virginia 23462.Any person Interested in the is- suance ofthe Bonds may appear at the hearing and present his or her News. Information regarding the University's request Is on file and is open for in- spectlon at the Authority's office at 4525 Main Street, Suite 700.Virginia Beach,Virginia 23462 during business hours. CITY OF VIRGINIA BEACH DEVELOP- MENT AUTHORITY Apr. 1.2025 7791493 EXHIBIT B SUMMARY OF STATEMENTS A representative of counsel for Virginia Wesleyan University appeared before the Authority to describe the project and the proposed bond issue. No one appeared in opposition to the proposed bond issue. EXHIBIT C AUTHORITY RESOLUTION (See Attached) RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY REGARDING ITS ISSUANCE OF A REVENUE BOND AND THE LOAN OF THE PROCEEDS THEREOF TO VIRGINIA WESLEYAN UNIVERSITY WHEREAS,there has been described to the City of Virginia Beach Development Authority (the "Authority") the plan of finance of Virginia Wesleyan University, a Virginia nonstock corporation(the "University"), whose address is 5817 Wesleyan Drive, Virginia Beach, Virginia 23455, for the issuance by the Authority of its tax-exempt revenue bond in the principal amount of up to $10,000,000 (the "Bond"), to assist the University in(1)financing or refinancing all or a portion of the costs of acquiring,planning, designing, constructing, improving, renovating and/or equipping related to (a) the refurbishment of certain existing University buildings on the campus (which is located in and around the address stated above), including but not limited to roof and HVAC replacements and library and residence hall renovations, (b)the reconstruction of existing pavement surfaces on such campus,and(c)the acquisition of information technology systems and vehicles for use on such campus; and(2)financing amounts required for reserves,working capital, capitalized interest, costs of issuance and other financing expenses related to the issuance of the Bond(collectively,the"Plan of Finance"); WHEREAS,the University has advised the Authority of its intention to proceed immediately with implementing the Plan of Finance and has provided to the Authority the form of a Bond Purchase and Loan Agreement(the"Loan Agreement"),among the Authority,the University and TowneBank, as lender (the "Lender"), together with the form of the Bond and the form of the University's promissory note(the"Note")payable to the Authority and the instrument of assignment thereof from the Authority to the Lender(collectively,the"Authority Documents"); WHEREAS, a public hearing with respect to the Authority's issuance of the Bond was properly noticed pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended, as incorporated by Chapter 643 of the Acts of Assembly of 1964,as amended(collectively,the"Act"),and the Internal Revenue Code of 1986, as amended (the "Code"), and was held by the Authority on the date hereof prior to the adoption of this Resolution; WHEREAS, representatives of the University have (a) represented that the University is an organization described in Section 501(c)(3)of the Code which is exempt from federal income taxation pursuant to Section 501(a) of the Code, for which the Authority may issue "qualified 501(c)(3) bonds" as defined in Section 145 of the Code, (b) described the benefits to be derived by residents of the City of Virginia Beach, Virginia (the "City") from such issuance of the Bond, and(c)requested that the Authority agree to issue the Bond as a conduit issuer under the Act and to loan to the University the proceeds from the sale of the Bond to the Lender to assist the University in effecting the Plan of Finance; WHEREAS, Section 147(f) of the Code provides that the highest elected governmental officials of the governmental units having jurisdiction over(a)the issuer of the private activity bonds and(b)the area where any facility financed with the proceeds of such bonds is located shall approve the issuance of such bonds; WHEREAS,the Authority issues its bonds on behalf of the City and the members of the City Council of the City of Virginia Beach, Virginia (the "City Council") constitute the highest elected government officials of the City;and WHEREAS,the Act provides that the City Council shall within one(1)year from the public hearing with respect to any private activity bonds either approve or disapprove the issuance of such bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the Bond and the use of the proceeds thereof to undertake the Plan of Finance will serve the purposes of the Act by (a) promoting the safety, health, welfare, convenience and prosperity of the inhabitants of the City and the Commonwealth of Virginia by enhancing the ability of the University to support its academic mission, and (b) financing and refinancing "authority facilities" as defined in Section 15.2-4902 of,the Act, namely, facilities for private, accredited and nonprofit institutions of collegiate education in the Commonwealth of Virginia whose primary purpose is to provide collegiate education and not to provide religious training or theological education, such facilities being for use as academic or administration buildings or any other structure or application usual and customary to a college campus other than chapels and their like. 2. The Bond shall be issued in an aggregate principal amount not to exceed $10,000,000, shall have a maximum initial interest rate of not more than 8.0%, shall mature no later than twenty(20)years from its issuance, and shall be substantially in the form attached as an exhibit to the Loan Agreement and shall be issued upon the terms and conditions set forth in the Loan Agreement. 3. The Authority hereby recommends to the City Council that it approve the issuance of the Bond as required by the Code and the Act. The Authority hereby directs the Chair or Vice Chair of the Authority,either of whom may act,to submit to the City Council a reasonably detailed summary of the comments expressed at the public hearing held at this meeting as required by Section 15.2-4906 of the Act, and a copy of this Resolution. 4. The Chair or Vice Chair, either of whom may act, is hereby authorized and directed to execute and deliver the Authority Documents other than the Bond, in substantially the forms presented to the Authority, with such completions, omissions, insertions and changes as may be approved by the Chair or Vice Chair upon advice of counsel to the Authority,the execution thereof to constitute conclusive evidence of such approval. 5. The Chair or Vice Chair of the Authority is hereby authorized and directed to execute, the Secretary or Assistant Secretary is authorized and directed to affix and attest the seal of the Authority, and either is authorized and directed to deliver the Bond to the Lender upon the terms provided in the Authority Documents; provided, however, that delivery of the Bond shall not occur until the issuance of the Bond has been approved by the City Council. 6. The officers of the Authority are hereby authorized and directed to execute and deliver all certificates and instruments, including Internal Revenue Service Form 8038, and to take all such 2 further actions as they may consider necessary or desirable in connection with the issuance of the Bond and the undertaking of the Plan of Finance. 7. All fees, costs and expenses in connection with the Plan of Finance described herein, including the fees and expenses of the Authority and the fees and expenses of bond counsel,counsel for the Authority, counsel for the University and counsel for the Lender, shall be paid from the proceeds of the Bond to the extent permitted by law or from funds provided by the University. If for any reason the Bond is not issued,it is understood that all such fees and expenses shall be paid by the University and that the Authority shall have no responsibility therefor. If the Bond is issued,the University shall also pay to the Authority on each anniversary date of the issuance of the Bond an administrative fee equal to one-eighth of one percent(1/8 of 1%)of the then outstanding principal amount of the Bond. 8. The Bond shall be payable solely from the revenues, receipts and other funds provided by the University for payment of the Bond. The Bond shall not be deemed to constitute a debt or a pledge of the faith or credit of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City, and neither the Commonwealth of Virginia nor any political subdivision thereof, including the Authority and the City, shall be obligated to pay the principal of,premium, if any, or interest on the Bond, or other costs incident thereto,except from the revenues,receipts and other funds provided by the University.Neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City, will be pledged to the payment of the principal of, premium, if any, or interest on the Bond or other costs incident thereto. The Authority has no taxing power. No covenant, condition or agreement contained in the Bond or in any financing instrument executed and delivered in connection with the Bond shall be deemed to be a covenant, agreement or obligation of any past, present or future commissioners, officer, employee or agent of the Authority in his or her individual capacity, and neither the commissioners of the Authority nor any officer or employee thereof executing the Bond or any other financing document or instrument shall be personally liable thereon or subject to any personal liability or accountability by reason of the issuance or execution thereof. 9. The Loan Agreement provides that the University shall indemnify and save harmless the Authority, its officers, commissioners, employees, agents and attorneys from and against all liabilities, obligations, claims, damages, penalties, fines, losses, costs and expenses in any way connected with the Bond. 10. The Authority's role in issuing the Bond shall not constitute an endorsement to any prospective owner of the Bond as to the creditworthiness of the University or an approval by the Authority of the University,its policies or its management. 11. The Authority hereby agrees to the recommendation of the Borrower that Kaufman & Canoles, a Professional Corporation, be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bond. 12. All other acts of the officers of the Authority which are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bond are hereby ratified, approved and confirmed. 3 13. This Resolution shall take effect immediately upon its adoption and shall expire one year from the date of its adoption unless some or all of the Bond are issued within such time. The undersigned hereby certifies that the above Resolution was duly adopted by the commissioners of the City of Virginia Beach Development Authority, at a meeting duly called and held on April 8,2025,and that such Resolution has not been repealed,revoked,rescinded or amended, but is in full force and effect on the date hereof. Dated: April L$,,2025 Assistant Secretary,City of Virginia Beach Development Authority APPROVED AS TO CONTENT: 4 Economic Development APPROVED AS TO LEGAL SUFFICIENCY City Attorney 4 EXHIBIT D VIRGINIA BEACH OPMEN CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $10,0009000 EDUCATIONAL FACILITY REVENUE BONDS VIRGINIA WESLEYAN UNIVERSITY The City of Virginia Beach Development Authority (the"Authority")recommends approval of the above-captioned financing. Virginia Wesleyan University continues to promote industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist the University to remain current in meeting new market demands for its services,maintain its employment census, increase its revenues and add to the City's economic tax base. 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757)385-6464 EXHIBIT E VIRGINIA BEACH ECONOMIC DEVELOPMENT April 25,2025 Lisa M. Murphy, Chair City of Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach,VA 23462 Re: Virginia Wesleyan University Dear Ms. Murphy: The Department of Economic Development concurs with the issuance of educational facility revenue bonds in an amount not to exceed$10,000,000 for Virginia Wesleyan University (the`Bonds"). The issuance of the Bonds by the Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convenience of prosperity and will provide a public benefit to the City. The funds will assist the University in(1) financing or refinancing all or a portion of the costs of acquiring,planning,designing,constructing,improving,renovating and/or equipping related to(a)the refurbishment of certain existing University buildings on its campus located in and around 5817 Wesleyan Drive in the City of Virginia Beach,Virginia,including but not limited to roof and HVAC replacements and library and residence hall renovations,(b)the reconstruction of existing pavement surfaces on such campus,and(c)the acquisition of information technology systems and vehicles for use on such campus; and(2)financing amounts required for reserves, working capital, capitalized interest, costs of issuance and other financing expenses related to the issuance of the Bonds. If you have any questions,please do not hesitate to contact me. Thank you. Sin�;erely, stian Green Director of Economic Development CG/AWS/csk 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894 ION MAP SA" ,. 13 .,.��. •`� '"wA 9' d o','sa ids « * W�Af4 ` O O 25tr d ►Sacp_ tl a qp � +�;s=`• :.� �, f"$v,,�"• ��'+R a. +'�° ►^"�"dis► eq41 Qr` t. e 4i Map ► • 4 y . M VR t° ik IF .. <o rs*� led $ o+a W qa"► ip M,�► tf a d kp Q "h �'i 'c �°, #' �1k A�, t rM+•�TA�',r: " ep.mm+w9e a rf'. '� I a '$ 9!�,all • '� $, *4t p' p,t{Se..>.,•w-- � *a�"�" .'gyp O�`(� wg90& y r IPp*1 4,,,et CA � "Map 4 a�' . `+,'kw +"' +[ °�d.w* �,p cel; � ..,�. !4.�'r'`e B t is w.'_4 y'd, Q1�M .* A`' 71r �,� A� �`+� ',j�, 6'..L� +'�iu $5 w °'M�� "�'.•�^"�""�#x$'.1�"...,».@ �. �� � � ��x � .kO¢, ,,...�.r. � 9s�S4 R �� we►*. r►sv+"m'°'aa U s; �► le��ar '�• ����r*4� � e� y • i 0 .....� fie! �� S � � q t�{$�! @t v-,X k 77 a Virginia Wesleyan „4. ..," M University Campus � `S�x ' tv ,, .% sl'"r rr 5817 Wesleyan Drive 'diet % �'..a' � i � s ow 00 � 3 49 rr BEACHVB VIRGINIA Disclosure The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: os listed on application Is Applicant also the Owner of the subject property? Yes Noo If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes(D No0 If yes, name Representative: -.) t.l Ai �Qe•�� ( �� -�,- a�c Is Applicant a corporation,partnership,firm, business,trust or unincorporated business? Yes@No® If yes, list the names of all officers, directors, members, or trustees below AND businesses that hove a parent-subsidiary' or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) See attached for Board of Trustees-Dr Scoff D. Miller President;John Grouix Vice President for Finance are signatories for the University Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of.Virginia Beach have an interest in She subject land or any proposed development contingent on the subject public action? Yes© Noo• If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage, deeds of trust, O 0 Current Debt held by Towne Bank cross-col lateral ization, etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 APPLICANTSECTION 1: DISCLOSURE . - . SERVICE YES NO SERVICE PROVIDER Name entity and/ar individual Accounting/Tax Return Preparation O © Current Auditor is Brown Edwards Architect/Designer/Landscape © O Tymoff&Moss Architect/Land Planner Construction Contractor O RD Lambert,Block Roofing,primary contractors Engineer/Surveyor/Agent 0 O Thompson Consulting Engineering Services-for Primary Chiller Legal Services © Bond Counsel is Kaufman and Canoles APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. '7 i*f*,Ojr/( wfre(y/?N ()NIt, John A. Groulx _ 04/23/2025 Applicant Name (Print) Applicar*Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) sStaff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTYOWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Virginia Wesleyan University Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesONoQ If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant. (Attach list if necessary.) F_ Does the subject property have a proposed or pending purchaser? Yes4 No4 If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action? Yes o No Q If yes, name the official or employee, and describe the nature of their interest. F_ PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing(mortgage, deeds of trust, O ® Towne Bank is current holder of University Debt cross-collateral izat ion, etc.) Real Estate Broker/Agent/Realtor O 0 Accounting/Tax Return Preparation @ O Brown Edwards is the University Auditor Architect/Designer/landscape O O Tymoff&Moss is preferred University Architect Architect/Land Planner Construction Contractor O RD Lambert,Block Roofing primary contractors Engineer/Surveyor/Agent 0 Thompson Consulting Engineering Services for Primary Chiller Legal Services 0 © Bond Counsel if Kaufman and Canoles PROPERTY OWNER CERTIFICATION READ: /certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public Oedy r committee in connection with this application. John Groulx signing for Virginia Wesleyan University 04/23/2025 Property Owner Name(Print) Property Own r Signature Date Disclosure Statement ( rev. M a y-2024 page 3 of 3 Members of the Board of Trustees 2024-2025 (to June 30, 2025) Jonathan E. Pruden, Chair Scott D. Miller, Ph.D., President of the University(Ex officio) Nancy T. DeFord, Ed.D., Vice Chair J.Timothy Bailey '83,Treasurer Mavis E. McKenley'11, Secretary John F. Malbon H'22, Immediate Past Chair G. Robert Aston,Jr. H'20 Executive Chairman of the Board TowneBank Portsmouth,Virginia J.Timothy Bailey'83 Retired Division President Canteen/Compass Group Charlotte, North Carolina Gary D. Bonnewell '79, H'16 Senior Vice President, Financial Advisor Morgan Stanley Smith Barney Norfolk,Virginia Jessie K. Dawe '08 (Ex officio) Clerk, Supreme Court of Virginia Chesapeake,Virginia Nancy T. DeFord, Ed.D. Vice President DeFord, Ltd. Virginia Beach,Virginia Graham E. Garrenton President Chesapeake Bay Contractors, Inc Virginia Beach,Virginia Susan S. Goode H'22 Community Leader Norfolk,Virginia Sharon S. Goodwyn Retired Counsel Hunton Andrews Kurth LLP Chesapeake,Virginia William W. Granger III Managing Partner Granger Investment Properties, LLC Norfolk, Virginia Sue Haupert-Johnson H'23 (Ex officio) Presiding Bishop, Richmond Area United Methodist Church Glen Allen,Virginia Jeffrey S. Heller Retired Vice President, Intermodal and Automotive Norfolk Southern White Stone,Virginia David L. Kaufman H'19 Founder&Senior Managing Director Envest Private Equity Virginia Beach, Virginia Howard P. Kern President&Chief Executive Officer Emeritus Sentara Health Virginia Beach, Virginia John F. Malbon H'22 Retired Chairman and Chief Executive Officer PAPCO, Inc. Virginia Beach,Virginia Vincent J. Mastracco,Jr. Partner Kaufman &Canoles, P.C. Norfolk, Virginia Robert W. McFarland Partner McGuireWoods LLP Norfolk,Virginia Mavis E. McKenley'11 Vice President and Trust Officer AMG National Trust Bank Virginia Beach,Virginia Angela M. Mercer, M.D. Retired Physician Virginia Beach,Virginia Scott D. Miller, Ph.D. (Ex officio) President Virginia Wesleyan University Virginia Beach,Virginia William L. Murray, Ph.D. Senior Vice President-Corporate Affairs& Communications Dominion Energy Richmond,Virginia Matthew R. Nusbaum Asset Manager, Partner S.L. Nusbaum Realty Co. Norfolk,Virginia Eric C. Nyman '94 Chief Executive Officer Vista Outdoors Providence, Rhode Island TassosJ. Paphites '79 Chairman and Chief Executive Officer BurgerBusters Inc. Virginia Beach, Virginia Hon. Deborah M. Paxson '75 Retired Judge,Juvenile and Domestic Relations Court City of Virginia Beach Virginia Beach,Virginia Jonathan E. Pruden Chief Executive Officer Taste Unlimited, LLC Virginia Beach,Virginia Michael R. Rawls '91 Executive Vice President and Chief Executive Officer Xome (a division of The Mr. Cooper Group) Flower Mound,Texas Robin D. Ray President Atlantic Dominion Distributors Virginia Beach,Virginia Joseph P. Ruddy'83 Chief Operations Officer Virginia International Terminals Virginia Beach,Virginia Jaclyn Ruelle '04 Vice President of Marketing Homes.com Richmond,Virginia Louis F. Ryan Retired, Executive Vice President and General Counsel Landmark Communications Norfolk,Virginia Becky Sawyer Executive Vice President&Chief People Officer Sentara Health Virginia Beach, Virginia James H. Shumadine Co-President The Employment Guide Norfolk, Virginia Lee T. Stevenson '85 President LineSlip Solutions, Inc. Onancock,Virginia Joseph R.Thomas Retired Regional Vice President GEICO Virginia Beach,Virginia Kenneth G.Trinder II President and Chief Executive Officer EOS Surfaces, LLC Norfolk, Virginia George K. (Chip)Tsantes III '83 Retired Principal Ernst &Young LLP Manassas,Virginia Jody M. Wagner President Jody's Popcorn Norfolk,Virginia Anthony Walters President and Chief Executive Officer YMCA of South Hampton Roads Chesapeake, Virginia Michael J.White '81 Retired Chief Executive Officer and Head of TradeLens GTD Solution Inc. Scotch Plains, New Jersey Douglas B. Wilson '86 Executive Vice President LifeNet Health Norfolk,Virginia o` i 7 �iL:4 if CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City- owned Property Known as The Chesopeian Colony Reserved Boat Basin and Drainage Area Located Adjacent to 2712 Shepherds Quarter MEETING DATE: May 6, 2025 ■ Background: In 2020, Gustavo E. Moure and Marina I. Moure, Trustees of the Moure Joint Revocable Living Trust, dated June 17, 2010 (the "Applicants") requested permission to construct and maintain a boat lift and timber pier (collectively, the "Temporary Encroachment") into a portion of City-owned property known as The Chesopeian Colony Reserved Boat Basin and Drainage Area (the "Boat Basin"), located adjacent to 2712 Shepherds Quarter(GPIN: 1497-58-4027). The request was processed by an administrative process. Such administrative process is outlined in City Code § 33-113.2. Subsection (e) provides that the use of the administrative process is not permitted where there has been a noted navigational concern. The City had received such a concern from the owner of property located at 520 Chesopeian Trail (the "Adjacent Property"); therefore, that concern should have triggered the removal of the administrative process and required the encroachment request be forwarded to City Council. In developing the Chesopeian Colony SSD, the previous owner of the Adjacent Property asserted that the property does not have access to water, and therefore, the Adjacent Property was not included in the SSD program. However, the City Code authorization for administrative approvals does not leave room to evaluate whether the navigational concern is valid or invalid. Therefore, receipt of any navigational concern would deem the application unqualified for the administrative process. In January of 2024, the Applicants were notified that because the 2020 encroachment agreement received a defective approval, it is of no effect. The current action is a resubmittal of the 2020 encroachment application. ■ Considerations: There are similar encroachments into portions of the Boat Basin, which is where the proposed Temporary Encroachment would be located. City staff reviewed the new application for the Temporary Encroachment and recommends approval of same, subject to certain conditions outlined in the Agreement and Ordinance. There is an existing bulkhead on the Adjacent Property that is in disrepair. Access to the bulkhead could be hindered if the Temporary Encroachment is constructed prior to its repair. Consequently, staff further recommends that if the Temporary Encroachment is approved, the issuance of a permit for construction be delayed up to twelve (12) months to give the owners of the Adjacent Property time to repair the bulkhead, so long as such owner initiates the repair, including applying for all necessary approvals, within three (3) months of the date of the Ordinance. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement w/ Exhibit, Photos, Location Map, and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: OfIR3 1 AN ORDINANCE TO AUTHORIZE A TEMPORARY 2 ENCROACHMENT INTO A PORTION OF CITY- 3 OWNED PROPERTY KNOWN AS THE CHESOPEIAN 4 COLONY RESERVED BOAT BASIN AND DRAINAGE 5 AREA LOCATED ADJACENT TO 2712 SHEPHERDS 6 QUARTER 7 8 WHEREAS, Gustavo E. Moure and Marina I. Moure, Trustees of the Moure Joint 9 Revocable Living Trust, dated June 17, 2010 (the "Applicants") request permission to 10 construct and maintain a 12' x 13' four pile boat lift and a 573 square foot L-head timber 11 pier (collectively, the "Temporary Encroachment") into a portion of City-owned property 12 known as The Chesopeian Colony Reserved Boat Basin and Drainage Area, located 13 adjacent to 2712 Shepherds Quarter(GPIN: 1497-58-4027); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extentthereof contained in§§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 24 assigns and successors in title are authorized to construct and maintain the Temporary 25 Encroachment as shown on the map entitled: "EXHIBIT 'A' ENCROACHMENT 26 REQUEST FOR A PROPOSED TIMBER PIER & FOUR TIMBER PILE BOAT LIFT FOR: 27 MOURE JOINT REVOCABLE LIVING TRUST 2712 SHEPHERDS QUARTER LOT 105, 28 SECTION 3, CHESOPEIAN COLONY M.B. 44, PG. 18", Scale: 1" = 40', dated June 6, 29 2024, and prepared by Stone Green Consulting, LLC, a copy of which is attached hereto 30 as Exhibit "A" and on file in the Department of Public Works and to which reference is 31 made for a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachment is 34 expressly subject to those terms, conditions and criteria contained in the agreement 35 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 36 copy of which has been presented to the Council in its agenda and will be recorded among 37 the records of the 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 40 designee is hereby authorized to execute the Agreement; 41 42 BE IT FURTHER ORDAINED, that the City Manager is directed to delay 43 issuance of the permit for the construction of the Temporary Encroachment for up to 44 twelve(12)months to give the owner of 520 Chesopeian Trail time to repair the bulkhead, 45 so long as such owner initiates the repair, including applying for all necessary approvals, 46 within three (3) months of the date of this Ordinance; and 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Applicants and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 0 � V P BL C WORKS / REAL ESTATE CI ATTORNEY CA16555 \\vbg ov.com\dfsl\applications\citylaw\cycom32\wpdocs\d021\p054\01041359.docx R-2 April 21, 2025 EXHIBIT A MOURE JRLT ENCROACHMENT EXHIBIT N LOT 102A MLW NOW OR FORMERLY RESERVED BOAT BASIN �ic� 01C W E BRADLEY T. & NOW OR FORMERLY 00� CYNTHIA HILTZ CITY OF VIRGINIA BEACH GPIN: 1497-58-3226 INST:20130228000236910, 46e S INST:20140625000570280 M.B.44 PG. 18 EX.RAILROAD TIE BKHD / \ LOT 103A S 38'00'00'E / NOW OR FORMERLY 15.00' ALEXANDER H.& h� Q KATHERINE K.BELL PF 6' GPIN: 1497-58-3127 9 INST.,202303046153 p�/ 1 REMOVE EX.PILES EX.PIER,BKHD �� Lq &RIPRAP OF BARCO PF S 86'53'21'E REMOVE 4-6 PF 6 EX.PIER ti6 &(2)44 EX.BKHD LOT 106 LOT 105 o NOW OR FORMERLY NOW OR FORMERLY BAILEY&AMY BARCO MOURE JOINT REVOCABLE o? GPIN: 1497-58-5142 LIVING TRUST w INST:20170601000458850 GPIN: 1497-58-4027 n o INST:2011330000324920 ' t NL T H OF D z o _ /i � Zmo I�^ — ►PQ r- ;0 00 i 2 STY.SR&FR Z w z o w �rz�12 " SEAN E. GREEN D N Lic. No. 0402064005 AwD ?� -o V p v Q, N m .ONAL R-50.00' igitally signed4bGreen 50.00' L-32'18 SPF N 86'S3'21'W PFR-50.00' -stonegreen sail.com, L=27.88' G=S C=US 140.00'To SHEPHERDS QUARTER Date:2 = �� s os'oo' CHESOPEIAN TRAIL 40'RIGHT-OF-WAY 0 40 80 M.B.44,PG. 18 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. SCALE: 1"=40' 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT A'- ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER & FOUR ENGINEERING SERVICES PROVIDED BY: TIMBER PILE BOAT LIFT STONE GREEN CONSULTING, LLC FOR: MOURE JOINT REVOCABLE LIVING TRUST 4014 MEDINA ROAD#1015,AKRON,OH 44333 2712 SHEPHERDS QUARTER (330)400-3811 COA:0407008328 LOT 105, SECTION 3,CHESOPEIAN COLONY ©2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B.44, PG. 18 JUNE 6, 2024 PAGE 1 OF 2 MOURE JRLT ENCROACHMENT EXHIBIT N LOT 102A MLW \''9iy NOW OR FORMERLY RESERVED BOAT BASINA�L '-��Oa�'90F W E BRADLEY T.& NOW OR FORMERLY Q,� O9y l CYNTHIA HILTZ CITY OF VIRGINIA BEACH eat. -9 GPIN: 1497-58-3226 INST:20130228000236910 3, I2. ^, S INST:20140625000570280 / �, cb• M.B.44 PG. 18 ,l EX.RAILROAD O, TIE BKHD PROPOSED L-HEAD ti PIER WITH A FOUR NOW OR FORMERLY LOT 103A S 38'00'00'E tit PILE BOAT LIFT 15.00' ALEXANDER H.& KATHERINE K.BELL PF GPIN: 1497-58-3127 INST:202303046153 j v EX.PIER,BKHD ����yQ &RIPRAP OF BARCO PF S 86'53'21'E 46.50' PF SQUARE FOOTAGE TABLE EX.BKHD ITEM LOT 105 CVB PROPERTY TOTAL LOT 105 c PIER 18 555 573 NOW OR FORMERLY MOURE JOINT REVOCABLE BOAT LIFT 0 156 156 LIVING TRUST `= GPIN: 1497-58-4027 LOT 106 INST:201 10330000324920 NOW OR FORMERLY y S BAILEY&AMY BARCO N O 0 �'^ — _= GPIN: 1497-58-5142 N 2 m O ; INST:2017060100045885 N pr- 300 2 STY.BR&FR LTH w '0 -n -n -a #2712 _ E-A �F � wDAm o LnOZp, a SFAN E. GREEN � Lrl '� Mo I _ V a �z lly signed by S Green No. 0402064005 � E- \Sea�n7 ISO CLSe;r 19 t,?_5C9_-:lr'W .00' Date:22Cqx-11.50.00, R-50.00' PF N 86'5 L-27 88' FS S/O N A L 140.00'TO SHEPHERDS QUARTER CHESOPEIAN TRAIL 40'RIGHT-OF-WAY 0 40 80 M.B.44, PG. 18 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. SCALE: 1"=40' 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER & FOUR ENGINEERING SERVICES PROVIDED BY: TIMBER PILE BOAT LIFT STONE GREEN CONSULTING, LLC FOR: MOURE JOINT REVOCABLE LIVING TRUST 4014 MEDINA ROAD#1015,AKRON, OH 44333 2712 SHEPHERDS QUARTER (330)400-3811 COA: 0407008328 LOT 105,SECTION 3, CHESOPEIAN COLONY QC 2024 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED M.B.44, PG. 18 JUNE 6, 2024 PAGE 2 OF 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of R l 20 2S, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GUSTAVO E. MOURE and MARINA I. MOURE, TRUSTEES OF THE MOURE JOINT REVOCABLE LIVING TRUST, DATED JUNE 17, 2010, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 105", as shown on that certain plat entitled: "SUBDIVISION OF CHESOPEIAN COLONY SECTION THREE LYNNHAVEN MAG. DIST., PRINCESS ANNE CO., VA", Scale: 1" = 100', dated May 1957, prepared by Frank D. Tarrall, Jr. & Associates Surveyors & Engineers, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 44, at page 18, and being further designated, known, and described as 2712 Shepherds Quarter, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to construct and maintain a 12' x 13'four pile boat lift and a 573 square foot L-head timber pier(collectively, the "Temporary Encroachment"), in the City of Virginia Beach; GPIN: 1497-74-3785 (CITY PROPERTY KNOWN AS THE CHESOPEIAN COLONY RESERVED BOAT BASIN AND DRAINAGE AREA) GPIN: 1497-58-4027 (2712 Shepherds Quarter) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as The Chesopeian Colony Reserved Boat Basin and Drainage Area, 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 of which is 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 & FOUR TIMBER PILE BOAT LIFT FOR: MOURE JOINT REVOCABLE LIVING TRUST 2712 SHEPHERDS QUARTER LOT 105, SECTION 3, CHESOPEIAN COLONY M.B. 44, PG. 18", Scale: 1" = 40', dated June 6, 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 City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to Chesopeian Colony Reserved Boat Basin and Drainage Area, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 2712 Shepherds Quarter, Virginia Beach, Virginia 23452. 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. 3 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 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 shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The 4 Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 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 $1,000,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property 5 tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, GUSTAVO E. MOURE and MARINA I. MOURE, TRUSTEES OF THE MOURE JOINT REVOCABLE LIVING TRUST, the said Grantee, has 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) 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 , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 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 Notary Registration Number: My Commission Expires: 7 THE MOURE JOINT REVOCABLE LIVING ST, dated June 1 , 010 By. u E. Mo T ustee By: Yf Marina I. Moure, rustee STATE OF �! i CITY/COUNTY OF ra,cO to-wit: The foregoing instrument was acknowledged before me this _ " day of 205, by Gustavo E. Moure, Trustee of THE MOURE JOINT REVOCABLE LIVING TRUST. (SEAL) Notary Public Notary Registration Number: �36S(koSa •a•'"""'��., My Commission Expires: a l3�f3? •.•'�SQ,RAH F/V�i• •0 �OTAR-cc my y • �.Expi+ 3a �� SO 0. STATE OF 8056039 2 �'n0 �. CITY/COUNTY OF 0 t�1� ch , to-wit: '•.,��,oy..UBL.'�;.•• The foregoing instrument was acknowledged before me this -I day of � , 20dS , by Marina I. Moure, Trustee of THE MOURE JOINT REVOCABLE LIVING TRUST. (SEAL) Notary Registration Number: `60 S(po3� Notary Public My Commission Expires: CA 1301a? ••�.•;c�Q.�H FN%.'• •• vf OIARy � ?3 q:r s My coo",spins WZ' c 3a�a� C • 8056039 210 •'•:cU6��Gr' SQ',: 8 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUB IC WO- RKV REAL ESTATE DANA R. HARMEYER DEPUTY CITY ATTORNEY 9 MOURE JRLT ENCROACHMENT EXHIBIT N ' LOT 102A MLW M'9i(i A�L RESERVED BOAT BASIN �F �90 NOW OR FORMERLY ( F W7pj,� E BRADLEY T.& NOW OR FORMERLY 00� ell, CYNTHIA HILTZ CITY OF VIRGINIA BEACH GPIN: 1497-58-3226 INST:20130228000236910 F6e� S INST: 20140625000570280 M.B. 44 PG. 18 EX.RAILROAD TIE BKHDLOT 103A / \ NOW OR FORMERLY S 38'00'00'E / 15.00' ALEXANDER H.& h� Q KATHERINE K.BELL PF 6' GPIN: 1497-58-3127 1°' REMOVE INST:202303046153 0 EX. PILES EX.PIER,BKHD &RIPRAP OF BARCO PF S86°53'21"E REMOVE 46.50' PF 1166 EX. PIER EX.BKHD I &(2)44LOT 106 LOT 105 o NOW OR FORMERLY NOW OR FORMERLY BAILEY&AMY BARCO MOURE JOINT REVOCABLE 07 GPIN: 1497-58-5142 LIVING TRUST w INST:20170601000458850 GPIN: 1497-58-4027 I� o INST:22 1 1 330000324920 pL T H pf, 0 0 -tZmO � �� c O — Z 0 Nry a0 O r ;0 0r 2 STY.BR&fR W .o � T —I a2712 _ P SEAN E. GREEN oA > ° .4� D � Lic. No. 0402064005 00 � � Ipm q c.?n- o N iz S31ONAL ECG R=50.00' L i itall i n g y s g ed by Green L=32.18' Sea 50.00' R=50.00' =stonegreen s ling gmail.com, PF N 86'S3'21"W PF L=27.88' G=Sean,SN=Green,C=US 140.00'TO SHEPHERDS QUARTER Date:2025.03.07 17:17:56-05'00' CHESOPEIAN TRAIL 40'RIGHT-OF-WAY o 40 80 M.B.44,PG. 18 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. SCALE: 1"=40' 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER & FOUR ENGINEERING SERVICES PROVIDED BY: TIMBER PILE BOAT LIFT STONE GREEN CONSULTING, LLC FOR: MOURE JOINT REVOCABLE LIVING TRUST 4014 MEDINA ROAD#1015,AKRON, OH 44333 2712 SHEPHERDS QUARTER (330)400-3811 COA: 0407008328 LOT 105,SECTION 3, CHESOPEIAN COLONY L02024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B.44, PG. 18 JUNE 6, 2024 PAGE 1 OF 2 MOURE 1RLT ENCROACHMENT EXHIBIT N M � MLW \F'9iV LOT 102A NOW OR FORMERLY RESERVED BOAT BASIN �OOo�90 � F W E BRADLEY T. & NOW OR FORMERLY Osr-� c9iLq CYNTHIA HILTZ CITY OF VIRGINIA BEACH w~ e\ GPIN: 1497-58-3226 INST:20130228000236910 S INST:20140625000570280 / 1z e 00* M.B.44 PG. 18 1� EX.RAILROAD PROPOSED L-HEAD TIE BKHD / PIER WITH A FOUR \ LOT 103A S 38'00'00'E 11ii PILE BOAT LIFT NOW OR FORMERLY 15.00' ALEXANDER H.& KATHERINE K. BELL PF GPIN: 1497-58-3127 & INST:202303046153 pp p0 A, EX.PIER,BKHD c�L Lq &RIPRAP ��' OF BARCO PF F�74 86°53'21"E 6.50' PF SQUARE FOOTAGE TABLE EX.BKHD ITEM LOT 105 CVB PROPERTY TOTAL LOT 105 o PIER 18 555 573 Tf NOW OR FORMERLY BOAT LIFT 0 156 156 MOURE JOINT REVOCABLE 0D LIVING TRUST `= GPIN: 1497-58-4027 I� LOT 106 INST:201 10330000324920 NOW OR FORMERLY _ r) BAILEY&AMY BARCO Z n m I GPIN: 1497-58-5142 Lm Z m O 0 � INST:2017060100045885 O - ?� �OQ o 2STY.BR&FR lO 1 ,p LTH OFWTD #272 O . m ` D o00z / 'P rn Un rn �' -< o I ') SFAN E. GREEN y N Z Wally signed by Soh Green N0. 0402064005 Sean E- negreenc s i ail.co R=50.00' CLSean,SN=Green,C= 50.00, L=32.18' RD50.00'ate:20�543.07 171759 �SS/ONAL —PF N 86"53'21'W PF L=27.88' 140.00'To SHEPHERDS QUARTER CHESOPEIAN TRAIL 40'RIGHT--OF-WAY D 40 80 M.B. 44, PG. 18 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. SCALE: 1"=40' 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS,PLATS AND GIS DATA SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER & FOUR ENGINEERING SERVICES PROVIDED BY: TIMBER PILE BOAT LIFT STONE GREEN CONSULTING, LLC FOR: MOURE JOINT REVOCABLE LIVING TRUST 4014 MEDINA ROAD#1015,AKRON, OH 44333 (330)400-3811 COA:0407008328 2712 SHEPHERDS QUARTER LOT 105,SECTION 3, CHESOPEIAN COLONY ©2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 44, PG. 18 JUNE 6, 2024 PAGE 2 OF 2 r,. R.'��. a ',,' � ' .-�_ ilk�gr'a.ti4 ( �.. f {, ' aY�l4i� ..♦ r ;� � J�\ �g ,.++sue � S I ,r ''" 3-- �; q 1 i .11m%�:3oi,L....,�f V;:,x .x�,�1 r I yvo­ • .x .i e s T — 41 olvule " t r� .,fit b ♦ : n , fT j4p '��� � -1 �° � , ;�1�Y Al be�,�3'A'^� ♦ems t� ' 14 �x •c>,`� � 1: ,r� �. SAA;LL $- i.l�,�r ♦ I Xt 'fit ���1 - sI� I' ir r !y _ i „ \,,r j^4 ' '��+'Si +wt 'f� •,_T rii g c�4 d 1 _. �� ,. r 4 � • �rtrl �1.�7 t ��,� �yt�1 pt� 1+.. ��' � R •.t ar-y,, . w ,�- 'Y „��- 'c» � .�c`'�� ."�� _ _����'�` �• ter'..='' - -� t..`- c k.' ^� x• � � ";fir. p ili So - td h• �(` " .A�,espy... ,. •.�-.. 3nl EY .`�siaaru,iS' -. ` ,-'is� ' .,.e _ - ..�� - ." .. . wg4•.'� W 'M.'V 1r•W.f173i\• I.i :..r._.... a ��.,1• �-.,. tea:.";W:"'^-'^`' ��,.. = `'�' 4 �r�! ���• t • ` ;fig _ - - ..E oor 40 40 y z { M y 1 . I 41 4 14J1 il' 14i �t'±tl 3 _ I Reserved � N The Chesopeian Colony Boat Basin and Drainage Area B $ A_ 1J Ad I IVA AUNvs N N S A i O b 3 n -Y / C � o ^' S, V BLS z ; 00 ; - ... Q s OESOPEIAN TRH a ; a ..,,...,�._.. N r � J N � N �v r '40 f Z y6 or A c 0 /' W of AU `) H r p Q a U � z O $ cc a N s W N YQ y a lMl NVI3dOS3H:) loopn m t W v e 0 N «. �+ j W j N N N � N > i k , CITY OF Disclosure VB VIRGINIA Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name: _ as listed on application M O V sue. J � �P,v c Ca)o ►2 Is Applicant also the Owner of the subject property? Yes@ No© If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes(j) No���� St"^�r- Qob �' �c-k"44 cad- tl ' `ZC��cr. �5 �1r�v. 3 If yes, name Representative: �• �LS� �►S Co - 7S� it ZZ Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes@No4 If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) C-i.jsrpvc> MouQV- N&e\00, S. M 00 12V- Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes© No • If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, O @ cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 1 @ Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTIONAPPLICANT DISCLOSURE • - • SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 0 Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or an lic body or committee i onnection with this application. (5UsrA-ev M out M DNA Mop 4 0 2S" Applicant Name (Print) Appl cant Sign ture ate 1 "Parent-subsidiary relationship"means "a relations p that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities, there ore common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? YesONo©i If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) F I Does the subject property have a proposed or pending purchaser? Yeso Noe) If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 Noe) If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entit and/or individual Financing (mortgage, deeds of trust, 0 cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 e) Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 e) Legal Services 0 PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein t weeks prior to the eeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or a pu is body mmit a connection with this application. �H01)�NAWiIU4 MOUE 4 141206r, Property Owner Name (Print) ` y Owner Sign6ture Date Disclosure Statement I rev. May-2024 page 3 of 3 Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into City-owned property known as Lake Wesley, located at the rear of 508 Southside Road. MEETING DATE: May 6, 2025 ■ Background: Erin Gatling and Casey Schilling (collectively, the "Applicant"), request permission to construct and maintain three (3) floating piers and a boat lift into City-owned property known as Lake Wesley, located at the rear of 508 Southside Road (GPINs: 2427-10-9095 and 2427-20-1024). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Wesley, which is where the Applicant request to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map, and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO CITY-OWNED PROPERTY 6 KNOWN AS LAKE WESLEY, 7 LOCATED AT THE REAR OF 508 8 SOUTHSIDE DRIVE. 9 10 WHEREAS, Erin Gatling and Casey Schilling (collectively, the "Applicant"), 11 request permission to construct and maintain three (3) variable width floating piers, and a 12 12'x14' boat lift (collectively, the "Temporary Encroachment") into a portion of City-owned 13 property known as Lake Wesley, located at the rear of 508 Southside Road; and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 24 assigns and successors in title are authorized to construct and maintain three variable 25 width floating piers, and a 12 'x 14' boat lift into City-owned property known as Lake Wesley 26 as shown on the exhibit map entitled: "Exhibit `A' FLOATING PIER AND BOAT LIFT 27 ENCROACHMENT LOT B-5 REPLAT OF RUDEE HEIGHTS (MB 26, PG 57; MB 192, PGS 28 51-52; MB 196, PG 3) APPLICANT: ERIN GATLING AND CASEY SCHILLING SITE 29 ADDRESS: 508 SOUTHSIDE ROAD GPIN 24271090950000 LOCATION: LAKE WESLEY 30 CITY OF: VIRGINIA BEACH DEED REFERENCE: INSTRUMENT NO.: 202000113207 31 FULL COVENANT AND WARRANTY DEED, 12/07/2020," Scale: 1" = 60', date revised 32 March 26, 2025, prepared by J.S.G. Development Consultants, P.C., a copy of which is 33 attached hereto as Exhibit "A" and on file in the Department of Public Works and to which 34 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 Applicant (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 Man ager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 i 46 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Applicants, and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of , 2025. CAI 6597 R-1 Prepared: 3/19/25 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORK , EAL ESTATE . HA MEYER DEPUTY CITYATTORNEY 2 THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH xx THE COMPILATION OF DEEDS AND PLATS SHOWN P{�REON AND DOES OT �O� �� (M B 196 PAGE 3) CONSTITUTE A BOUNDARY SURVEY. �Q ,SCALE: 1" = 60' .0 -y LAKE WESLEY PROPOSED NEW PIER Cy �2 (MB 6. P r S7) REF. 024-VVTRA-00071 ^oe �.xx 9� 9� x`2�GPIN 24272061060000 �� xxxxx PROPOSED FLOATING PIER P.T.WD FRAMING, 8a 0� 7.6% PILINGS ANDMECKING.FOAALLED HDPE FLOATS. o \ GALV STEEL llpkSTENERS(TYPICALI_ cb .3 74, t \ H O EXISTING OSER TO BE REMOVED S 63'22'03"1N �• 42.98' EXISTING BULKH D TO BE REM ED PROPOSED NE BULKHEAD / 3, REF. 20 -WTRA-00071 (VINYL HEET PILING) ( Fy 0 9.0 NTH O �P F Fp ti / 9e60 O JAMES S. GEORGO D �• Sl�S,y ! Lic.No.023833 0 cp 03-26-2025 T o/�F N2 = N C/L 10'WIDE CITY �'OX� ��� �' STORMWATER SSA ENG� �So0 s`� 6S�S�2sl> EASMENT EXHIBIT 11/1" ONAL FLOATING PIER AND 0 0c BOAT LIFT ENCROACHMENT LOT B-5 REPLAT OF RUDEE HEIGHTS (MB26, PG 57; MB 192, PISS 51-52; MB 196, PG3) APPLICANT: ERIN GATLING AND CASEY SCHILLING SITE ADDRESS: 508 SOUTHSIDE ROAD DATE: REVISED 03-26-25 GPIN 24271090950000 REVISED: LOCATION: LAKE WESLEY CITY OF: SCALE: 1"= 60' VIRGINIA BEACH DEED REFERENCE: PROJ. NO: INSTRUMENT NO.:202000113207 CLIENT: E. GATLING AND C. SCHILLING FULL COVENANT AND WARRANTY DEED,12/07/2020 DRAWN BY: JSG J.S.G. DEVELOPMENT CONSULTANTS,P.C. DRWG FILE: 508 SOUTHSIDE RD BH -Crvil and Structural Eng—nng 1540 fkxdeaux Place -Emim—tal Perrnining N"rf.dk,Virginia 23509 SHEET: 1 OF 1 Hydmg,.pWc Surveying Tdl (757)461-6336 -Mapping Services Fax(757)461-190.1 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 �o day of r 203S, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ERIN GATLING and CASEY I SCHILLING, marred, THEIR HEIRS, ASSIGNS AN D SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "B-5" in Block B as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT-65 REPLAT OF RUDEE HEIGHTS RECORDED IN M.B. 26 PG. 57 CLERKS OFFICE CIRCUIT CT. VA. BEACH, VA. VIRGINIA BEACH, VIRGINIA FOR LATTIE C. YEATES," Scale: 1" = 25', dated July 9, 1989, prepared by W.P. Large, Inc., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 192, at pages 51 and 52 respectively, and that certain lot, tract, or parcel of land designated and described as Lot "651" as shown on that certain plat entitled "PHYSICAL SURVEY OF A PORTION OF LOT B-5 BEING THE LATTIE C. YATES PROPERTY M.B.7 PG. 169, M.B. 26 PG. 57, D.B. 1732 PG. 707 LYNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: 1° = 30', dated June 7, 1989, prepared by Langley and McDonald, which plat is recorded in the aforesaid Clerk's Office, in Map Book 196, at page 3, all being further GPINs: 2427-20-7891 AND 2427-20-6108 (CITY-OWNED PROPERTY— LAKE WESLEY) 2427-10-9095 AND 2427-20-1024 (508 SOUTHSIDE ROAD) designated, known and described as 508 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain three (3) variable width floating piers and a 12' x 14' boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Lake Wesley, 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' FLOATING PIER AND BOAT LIFT ENCROACHMENT LOT B-5 REPLAT OF RUDEE HEIGHTS (MB 26, PG 57; MB 192, PGS 51-52; MB 196, PG 3) APPLICANT: ERIN GATLING AND CASEY SCHILLING SITE ADDRESS: 508 SOUTHSIDE ROAD GPIN 24271090950000 LOCATION: LAKE WESLEY CITY OF: VIRGINIA BEACH DEED REFERENCE: INSTRUMENT NO.: 202000113207 FULL 2 COVENANT AND WARRANTY DEED, 12/07/2020," Scale: 1" = 60', dated March 26, 2025, prepared by J.S.G. Development Consultants, P.C., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminate 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. 3 It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the 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. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. IN WITNESS WHEREOF, Erin Gatling and Casey Schilling, 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 , 2025, 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 , 2025, 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 Erin Gatling Cas chilling STATE OF 1 CITY/COUNTY OF ST L llCl to-wit: The foregoing instrument was acknowledged before me this � day of 8Pn ! 2025_, by Erin Gatling. ft LU 6G, (SEAL) Notary Public �� -- My Notary Registration Number:l1 � �y� 8d01,1z*uq:S3HW3�91�7'9HHNNOISSIWWOOIW My Commission Expires: (p) ► )?J� A M01031NMn1V ..t� �► I STATE OF CITY/COUNTY OF S to-wit: The foregoing instrument was acknowledged before me this 3o day of LID 0 2025, by Casey Schilling. i I (SEAL) Notary Public My Notary Registration Number: H N &q`3 I-{ 0 ;7,:i '+?�" '• ALLISON LEDLOW My Commission Expires: � 1�2(1 Q MY COMMISSION#HH643481 EXPIRES:June 21,2023 APPROVED AS TO CONTENTS APPRPX D AS TO LEGAL SUP CIE ICY AND FORM PUBLIC WORKS — REAL ESTATE R. HARMEYER DEPUTY CITY ATTORNEY ....1�...�.a.w1�11Y•,.,.......bw..slFti....n....n...�..........e...i....,u..�.w.be..s..a....r+ou,...,.ti,o.... THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH ` c (ALB 196 THE COMPILATION OF DEEDS AND PLATS SHOWN I'IF�REON AND DOES NOT ��Z PAGE 3) CONSTITUTE A BOUNDARY SURVEY. O �O '$o s `�� , � SCALE: 1" = 60' o � , LAKE WESLEY PROPOSED NEW PIER REF. 024-WTRA-00071 e 6 9� � � OPIN 24272061080000 8 ro PROPOSED FLOATING PIERS,P.T.WD FRAMING, a 0' //•6 PILINGS AND DECKING.FOAM'FJLLED HDPE FLOATS. �y� o GALV STEEL F'7ENERS(TYPICAL}., ' 71,, iv M O EXISTING NER TO BE REMOVED 1 S 63°22'03'W, f 42.98' EXISTING BULKH D TO BE REM ED " PROPOSED NE BULKHEAD / .3, REF. 20 -WTRA-00071 i / �� (VINYL HEET PILING) S ' 8. � ' F ; 1- t O S. o p�T H OF 60- 0 U JAMES S.GEORGO D Lic.No.023833 03-26-2025 C/L 10'WIDE CITY �0�1 STORMWATER //�� FSS/ ENG� �SoO Q,r/�S2S��S,a EASMENT EXHIBIT "All ONAL �9ss, FLOATING PIER AND e00 -100F BOAT LIFT ENCROACHMENT LOT B-5 REPLAT OF RUDEE HEIGHTS (MB26, PG 57; MB 192, PGs 51-52; MB 196, PG3) APPLICANT: ERIN GATLING AND CASEY SCHILLING SITE ADDRESS: 508 SOUTHSIDE ROAD DATE: REVISED 03-26-25 GPIN 24271090950000 REVISED: LOCATION: LAKE WESLEY CITY OF: SCALE: 1"=60' VIRGINIA BEACH DEED REFERENCE: PROJ. NO: INSTRUMENT NO.:202000113207 CLIENT: E. GATLING AND C. SCHILLING FULL COVENANT AND WARRANTY DEED,12/07/2020 DRAWN BY: JSG J.S.G. DEVELOPMENT CONSULTANTS,P.C. DRWG FILE: 508 SOUTHSIDE RD BH -Civil and Structural Eng—ring 1540 B-deaur Place -Enev—ntal Permitting N-fidk,Vlrg-. 23509 SHEET: 1 OF 1 Hydn,graplac 5—ying TO. (757)461-6336 -Mapping Services Fax(757)461-1803 - _— ....�_..- - ",_---�'y, 7' .,:. " � �n'�• .Ted. r w�^`w.'��—.�. - �`" yy .1 � .LS—�_ s .�L•w •• 1�to• i�/���_ lam. w _�._ s, . n x• .' t may` •�y \ ,•, IfA 43* 3 IT }. " f 1. ♦ ;1 ' �A'" qx 11 Ai t � r r d �\ t { r^. C1 dab,.- ' n. � �. s t � 1 Y 1 . �• . ' LOCATION MAP Legend ENCROACHMENT REQUEST FOR 2427-10-9095 ERIN GATLING AND CASEY SCHILLING ` 508 SOUTHSIDE ROAD 2427-20-1024 t GPIN: 2427-10-9095 0 50 100 City Property Feet Prepared by JCS/P W.Eng./Eng.Support Services Bureau/04-30-2025 X:ICADD1ProjectsVkrc Files\AGENDA MAPS12427-10-9095Q427-10-9095 Aerial-aprx SS VIRGINIA gEPC NORFOLK-AV-yam! O � o -,Z �---- SITE� ,M o 7 v Uj Co HARPERS O� �J �M. LOCATION MAP Legend ENCROACHMENT REQUEST FOR 2427-10-9095 ERIN GATLING AND CASEY SCHILLING 508 SOUTHSIDE ROAD 2427-20-1024 GPIN: 2427-10-9095 0 50 100 City Property I i Feet Prepared by JCS/PW EngJEng Support Services Bureau/04-30-2025 X\CADD\Prolects\Arc FilesIAGENDA MAPS12427-10-90952427-10-9095.aprx ■ VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Erin Gatling and Casey Schilling Is Applicant also the Owner of the subject property? YesO No® If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes NoO if yes, name Representative: James S. Georgo, P.E., Tel 757-461-6336, jsgeorgo@jsgdc.com Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesONo(F) if yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes NoCO) If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes® No(F) if yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage, deeds of trust, Ph#MAey MoK°ra0e `" U•s,61Nk cross-collateralization, etc.) ® tt o"C 7-oWAJG 134VK Real Estate Broker/Agent/Realtor Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION " •SURE continued SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation Architect/Designer/Landscape O Architect/Land Planner Construction Contractor © 0 Engineer/Surveyor/Agent 0 0 James S.Georgo, P.E.,JSG Development Consultants Legal Services © G APPLICANT CERTIFICATION READ:i certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Erin Gatling, Owner 11/22/2024 Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 e+w sei�y', S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Address the Opioid Epidemic MEETING DATE: May 6, 2025 ■ Background: In 2021 the General Assembly created the Virginia Opioid Abatement Authority (OAA) as an independent body whose purpose is to abate and remediate the Opioid epidemic in the Commonwealth through financial support from the Settlement Fund, in the form of grants, donations or other assistance. The financial support is specifically for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth. Funding will be distributed to localities using three primary methods: 1)direct distribution, 2) individual distribution, and 3) collaborative partnerships. The individual distribution requires localities to submit an application to the OAA. The City Council was previously briefed on the Opioid Abatement Settlement and a City Council Staff Report was submitted on October 11, 2024, outlining 6 projects to be included in the City's individual distribution application. The Virginia Beach application was submitted to OAA in early November 2024 and the OAA Grants Committee approved all 6 projects on December 6, 2024. This funding source will be available through 2039. Applications will be submitted annually to renew or amend existing projects. In January 2025, the Council accepted and appropriated $636,105 from VOAA in support of several programs. ■ Considerations: Virginia Beach has received additional direct distribution funds totaling $1,581,945. The Department of Human Services(DHS) received community input regarding the use of opioid abatement funds via town halls, listening sessions, surveys, and numerous stakeholder meetings. Feedback from those collaborative opportunities was used to develop new strategies for use of the additional Opioid Abatement Direct Distribution funds. EMS Pilot Program ($904,535 for EMS; $214,097 for DHS) - $1,118,632 — 4 FTEs o Virginia Beach Emergency Medical Services has developed a project plan for a pilot co-responder program to support individuals who have experienced an overdose. This co-responder model is seen as a national best practice and would involve a co-response of an EMS medic and a DHS peer recovery specialist. These funds would support the project through FY 2027-28 and provide for two Paramedics, one Administrative Specialist, and one Peer Recovery Specialist, as well as a response vehicle. Match Funds for OAA Regional Treatment Van - $219,511 o The City is the fiscal agent for a OAA funded Regional Cooperative with the Cities of Chesapeake, Norfolk, Portsmouth, and Suffolk for a Regional Substance Use Treatment Vehicle. This grant requires city match funds. o In 2023, City Council approved $100,000 of opioid abatement direct distribution as match funds to support Regional Collaborative Grants. Based on the anticipated match for the 5-year Grant Project, additional direct distribution match in the amount of $219,511 is required to support this project through FY 2028-29. Match Funds OAA Regional Recovery High School - $142,436 o The City applied for a OAA Regional Cooperative Grant to support the Virginia Beach Public School's project to develop a Regional Recovery High School in collaboration with the Cities of Chesapeake, Norfolk, Portsmouth, and Suffolk. o This grant requires city match funds; therefore, $142,436 in opioid abatement direct distribution funding will be allocated over the 5-year grant. Drug Screening for Child Welfare Respite Program - $15,000 o To support the Child Welfare Respite program by allocating $15,000 in direct distribution funding to cover the cost of drug screens in FY 2025-26. The program provides support for youth in child welfare whose parents are experiencing substance use issues. Staff Training on Substance Use - $86,366 o Additional funds to support opportunities for staff to attend national conferences and trainings to learn more about best practices in preventing, treating, and abating Opioid Use Disorder. ■ Public Information: Normal Council Agenda process. In addition, there were numerous town halls, and public briefings. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO ADDRESS THE OPIOID EPIDEMIC 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 1) $1,581,945 is hereby accepted from the Virginia Opioid Abatement Authority 8 (OAA) and appropriated, with revenue increased accordingly, to the Grants 9 Consolidated Fund and further provided to the following departments, in the 10 following amounts, and for the following purposes in their Fiscal Year 2024-25 11 Operating Budgets: 12 a. $904,535 to the Department of Emergency Medical Services and 13 $214,097 to the Department of Human Services, to support a pilot co- 14 responder program to support individuals who have experienced an 15 overdose; 16 b. $219,511 to the Department of Human Services for Match Funds for 17 OAA Regional Treatment Van; 18 c. $142,436 to the Department of Human Services for Match Funds for 19 OAA Regional Recovery High School; 20 d. $15,000 to the Department of Human Services to support the Child 21 Welfare Respite program; and 22 e. $86,366 to the Department of Human Services to support staff training 23 on Substance Use. 24 25 2) 1.0 FTE is hereby authorized within the FY2024-25 Operating Budget of the 26 Department of Human Services. Such position is contingent upon continued 27 funding from the OAA. 28 29 3) 3.0 FTE are hereby authorized within the FY2024-25 Operating Budget of 30 Emergency Medical Services. Such positions are contingent upon continued 31 funding from the OAA. 32 33 4) Items purchased through these grant funds are not guaranteed to be replaced 34 by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. 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 Managemen Services ity ttorney's Office CA16878/ R-1 /April 23, 2025 Uee^•�,� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds for Expenses Related to the June Primary Elections MEETING DATE: May 6, 2025 ■ Background: A primary election has been scheduled for June 17, 2025, to select nominees for the House of Delegates, Lieutenant Governor, and Attorney General. State law requires the City to pay the costs of primary elections. However, the operating budget for the Voter Registration & Elections Office does not include funding for a primary election, requiring a transfer of funds to cover costs related to the primaries. The transfer will be sourced from the General Fund Reserve for Contingencies. ■ Considerations: The total cost for the election is estimated to be $509,235. If approved, the balance of the reserve will be $588,353. If approved, this appropriation may need to be carried forward into FY 2025-26 due to the timing of the elections and the timing of the payment of invoices. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registration & Elections City Manager: fW 1 AN ORDINANCE TO TRANSFER FUNDS FOR EXPENSES 2 RELATED TO THE JUNE PRIMARY ELECTIONS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 $509,235 is hereby transferred from the General Fund Reserve for Contingencies 8 to the FY2024-25 Operating Budget of the Office of the Voter Registrar to fund the June 9 primary elections. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. APPROVED AS TO CONTENT: APP VED AS TO LEGAL SUFFICIENCY: B dget and Management ServicesLui-ty ttorney's Office CA16876 R-1 April 23, 2025 L. APPOINTMENTS • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • CLEAN COMMUNITY COMMISSION • COMMUNITY POLICY AND MANAGEMENT TEAM • HEALTH SERVICES ADVISORY BOARD • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MINORITY BUSINESS COUNCIL • OPEN SPACE ADVISORY COMMITTEE • PUBLIC LIBRARY BOARD • PERSONNEL BOARD • RESORT ADVISORY COMMISSION • SOCIAL SERVICES ADVISORY BOARD • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • VIRGINIA BEACH VA250 COMMITTEE N. NEW BUSINESS O. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 6, 2025. J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:04/15/2025 PAGE: I R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N I. CITY COUNCIUS BRIEFINGS A. FY 2025-26 RESOURCE MANAGEMENT PLAN(Budget) l. GENERAL DISTRICT COURT Sandra Menago, Chief Judge 2. HEALTH DEPARTMENT Dr.Caitlin Pedati 3. POLICE DEPARTMENT Chief Paul Neudigate 4. FIRE DEPARTMENT Chief Kenneth Pravetz 5. PUBLIC UTILITIES/WATER&SEWER CIP Bob Montague, Director 6. LIBRARIES Kimberly Knight, Director 7. PUBLIC WORKS L.J.Hansen,Director 8. HUMAN SERVICES Aileen Smith, Director II.-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y A A-F G. MINUTES 1. INFORMAL AND FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A April 1,2025 2 FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A April 8,2025 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—Junior League of Norfolk- Virginia Beach Centennial Celebration Jillian Goodwin,President 2. RESOLUTION—Month of the Military Child Armed Services YMCA of Hampton Roads I. PUBLIC COMMENT 1. REFERENDUM—10-1 Method of Elections for 38 SPEAKERS Members of City Council J. PUBLIC HEARING l. ACQUISITION,BY AGREEMENT OR 0 SPEAKERS CONDEMNATION 17'Street Improvements Phase 1 Pacific Avenue to Cypress Avenue Project CIP 100001 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE 04/15/2025 PAGE: 2 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N J N L.I. Ordinance to AUTHORIZE the City Manager to DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y A EXECUTE a Lease Extension for up to eighteen MAY 6,2025,BY (18) months with the Virginia Museum of CONSENT Contemporary Art re City-owned property at 2200 Parks Avenue L.2. Ordinance to AUTHORIZE the acquisition of an ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A Agricultural Land Preservation(ARP)easement CONSENT from Bonney G. Bright (36.17 +/- Acres), the issuance by the City of its contract obligations in the maximum principal amount of$570,224 and TRANSFER funds to purchase U.S. Treasury STRIPS L.3. Ordinance to AUTHORIZE the acquisition ofan ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A Agricultural Land Preservation(ARP)easement CONSENT from Bonney G. Bright (53.34 +/- Acres), the issuance by the City of its contract obligations in the maximum principal amount of$709,148 and TRANSFER funds to purchase U.S. Treasury STRIPS L.A. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A encroachments into City-owned property known as CONSENT West Canal at the rear of 2312 Windward Shore Drive re construct and maintain a timber pile aluminum boatlift,timber pier,timber floating pier, an aluminum gangway and a rip rap revetment DISTRICT 8 L.5. Ordinance to ADOPT the 2025 Housing Choice ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A Voucher Five Year Agency Plan, Annual CONSENT Agency Plan and Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S.Department of Housing and Urban Development(HUD) L.6. Ordinance to ESTABLISH Capital Project ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A #100685 "Water Meter Replacement Program"; CONSENT APPROPRIATE$2-Million from Net Assets in the Water and Sewer Enterprise Fund; and TRANSFER $800,000 within the Water and Sewer Enterprise Fund Regular Reserve to the FY 2024-25 Public Utilities Operating Budget re offset costs for emergency work L.7. Ordinance to APPROPRIATE from the fund ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A balance to the General Fund: $187,000 interest- CONSENT free loan to Plaza Volunteer Fire Company and Rescue Squad,Inc.and$425,000 interest-free loan to Chesapeake Beach Volunteer Fire and Rescue Department, Inc. re purchase of replacement ambulances L.8. Ordinance to TRANSFER $1,283,119 from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A General Fund Vacancy Savings to the FY2024-25 CONSENT Public Works Operating Budget re replenish funds in paving budget J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:04/15/2025 PAGE: 3 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N M.1. JOEL W. & WHITNEY C. JOHNSON for a APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A Variance to Section 4.4(b) of the Subdivision CONDITIONED,BY Regulations re lot width at a parcel directly south CONSENT of 2000&1992 Gum Bridge Road DISTRICT 2 M.2. BOULEVARD HOLDINGS,LLC for a Special APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A Exception for Alternative Compliance re CONDITIONED,BY temporary commercial parking lot at 409 CONSENT Virginia Beach Boulevard DISTRICT M.3. PATRICK A.BOWERS/BOWERS&JONES DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y A PROPERTIES, LLC for a CUP re short term MAY 20,2025,BY rental at 903 Pacific Avenue,Unit A DISTRICT 5 CONSENT M.4. CRAIG&APRIL DEAN/CRAIG DEAN for a APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A CUP re short term rental at 404 21'Street,Unit CONDITIONED,BY C,DISTRICT 6 CONSENT M.5. CRAIG&APRIL DEAN/STEPHEN SIKSAY APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A for a CUP re short term rental at 2003 CONDITIONED Mediterranean Avenue, Units A, B1, & B2 DISTRICT 6 M.6. Ordinance to AMEND Section 201 of the City APPROVED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A Zoning Ordinance(CZO)re yards CONSENT M.7 Ordinance to DELETE City Code Section 8- APPROVED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A 31.1 re fences and walls CONSENT M. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD AUDIT COMMITTEE Reappointed: 10-0 Y Y Y Y Y Y Y Y Y Y A Steven Sandoval— Representing Certified Public Accountant 3 Year Term 6/1/2025-5/31/2028 J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:04/15/2025 PAGE: 4 R U T N H C L M H C R A H W U M E H G E M R U 1 C 1 D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N BOARD OF BUILDING CODE APPEALS Reappointed: 10-0 Y Y Y Y Y Y Y Y Y Y A David Anderson— Representing Design Professional Richard Bowie— Representing Construction Industry Emery Chickey— Representing Construction Industry Trisha Mcintosh— Representing Residential Property Manager Jeffrey Scott- Representing Mechanical Contractor Jonathan Speight— Representing Alternate Member Robert Stern— Representing Licensed Architect 5 Year Term 6/1/2025-5/31/2030 BOARD OF ZONING APPEALS Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y A Sylvia Nery- Strickland— Representing Alternate Member 5 Year Term 4/15/2025-3/31/2030 COMMUNITY POLICY&MANAGEMENT Reappointed: 10-0 Y Y Y Y Y Y Y Y Y Y A TEAM Jenny Hodge— Representing Tidewater Youth Services Commission 2 Year Term 6/1/2025-5/31/2027 HUMAN RIGHTS COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y A Shannon Kendrick 3 Year Term 4/15/2025-3/31/2028 MINORITY BUSINESS COUNCIL Reappointed: 10-0 Y Y Y Y Y Y Y Y Y Y A Aekta Javia Krisha Loftus 2 Year Term 6/l/2025-5/31/2027 PROCESS IMPROVEMENT STEERING Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y A COMMITTEE Stephen Romine 3 Year Term 4/15/2025-3/31/2028 VIRGINIA BEACH TOWING ADVISORY Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y A BOARD Chris Lazar— Representing Law Enforcement 3 Year Term 6/l/2025-5/31/2028 J CITY OF VIRGINIA BEACH A R SUMMAR Y OF COUNCIL A CTIONS C O K S B H S S E C U O S DATE:04/15/2025 PAGE: 5 R U T N H C L M H C R A H W U M E H G E M R U I C 1 D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N WETLANDS BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y A Barton Dexter— Representing Full Member Unexpired term thru 12/31/2028 Reappointed: Emily Steinhilber— Representing Full Member 5 Year Term 6/l/2025-5/31/2030 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 8:20 PM