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Home My WebLink AboutMAY 6, 2025 FORMAL SESSION MINUTES J�4�?`s�t'�ss�C•yL r` Ms Op OUR N r0 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia MAY 6, 2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,May 6, 2025, at 2:30 P.M. Council Members Present: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross- Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi Jennifer Rouse—Arrived at 2:45 P.M. 2 CITY COUNCIL'S RECONCILIATION ITEM#76987 2:31 P.M. City Manager Duhaney advised the item on the Agenda is for City Council to discuss the FY 2025-26 Resource Management Plan and staff has distributed copies of City Council's Reconciliation Letter as well as the City Administration Reconciliation Requests Letter, attached hereto and made a part of the record. Vice Mayor Wilson advised the Reconciliation Letter was emailed to the Body earlier and includes input she received from each Council Member as she worked hard with staff to include as much as possible that would have majority support. Vice Mayor Wilson expressed her understanding that within the budget of $2.8-Billion, there will be items some Council Members like and dislike, but it is important to come together as a Body to serve City employees,residents and school children. Vice Mayor Wilson expressed her sincere appreciation to all of the staff who worked on the budget and believes if the budget had a theme, this year's theme would be, "the year of public safety". Vice Mayor Wilson highlighted a few areas within the proposed budget with salary increases,funding for maintenance in the court buildings, and the addition of thirty(30) new firefighters, which were promised last year and is possible with the dedication of the.5%increase on the meal tax. Mayor Dyer recessed for a break from 2:31 —2:49 P.M. to allow the Body time to read the Reconciliation Letter. Vice Mayor Wilson complimented the Body on the proposed budget, noting their support of significant funding for public safety. Vice Mayor Wilson advised during the recent City Council Retreat, the Body discussed challenges within the Capital Improvement Program(CIP)budget due to inflation and although some projects were cut, many are still moving forward and believes each district is doing well considering the financial times. Vice Mayor Wilson explained the next steps will be for staff to incorporate the changes from the Reconciliation Letter into the City Manager's proposed budget for inclusion in the May 13`h City Council Special Meeting Agenda, due to be published on May 8`h. Council Member Henley expressed the proposed budget does a good job in addressing many areas the Body has discussed and advised she has three(3)areas she would like to comment on and began with referencing item#6 in the Reconciliation Letter. Council Member Henley advised the proposed funds for an economic feasibility study for the Interfacility Traffic Area (ITA)Athletic Village Preservation Area was previously presented to the Body on November 12, 2024 and was listed under "short term/low-cost opportunities" along with (1)planting trees on the fringes of the Athletic Village West where they will not conflict with future development, (2)design and construct 5kpractice course at Princess Anne Athletic Complex(PAAC) including disc golf, and(3)activate and maintain ad hoc temporary cross-country trails at Athletic Village East. Council Member Henley emphasized the importance of planting the trees now and will not cost the City any additional funding as Virginia Dominion Energy already provided$1-Million for tree mitigation. Council Member Henley is hopeful that the proposed$200,000 will be used for all four(4)of the other low- cost items presented in the November briefing and consider having staff conduct the economic feasibility study,feeling strongly the City should be the capital of amateur sports on the east coast. Council Member Henley advised her second area concerns the reduction of four (4) library staff positions and feels it is extremely important not to cut any positions that directly impact citizen services. Council Member Henley May 6, 2025 3 CITY COUNCIL'S RECONCILIATION ITEM#76987 (Continued) explained her understanding is the proposed positions to be cut are essentially the "second in line"at the library and is hopeful when the budget is finalized, there will be enough funding to maintain all of the library positions. Council Member Henley advised her last concern with the budget is the proposed increase on the meal tax and believes since the Body made public safety a top priority,funding should not be dependent on a tax. Council Member Henley advised if it is adopted, the meal tax increase will be effective July 1', right when the tourist season starts, and expressed concern for the small restaurants who will be burdened with collecting the tax. Council Member Henley advised there is uncertainty with the national economy and suggested waiting to increase the meal tax for six(6)months to see how the national economy looks. Council Member Henley advised she had heard a suggestion to tax short-term rentals and understands while that is not possible, there may be other options that should be considered and discussed. Council Member Cummings advised his comments are not intended to point fingers or cast aspersions on anyone concerning the budget process, acknowledging it is a herculean task for staff to put together a budget of this size and they have done a good job. Council Member Cummings explained during his four (4)months on City Council he has learned a great deal but initially believed when the proposed budget was provided to him for consideration, he would have time to thoroughly review it and make suggestions to improve it. Council Member Cummings shared that he now understands the budget process starts in the fall when a majority of the work is done, and only small changes are made at this point in the process. Council Member Cummings advised he is disappointed he was unable to fulfill his commitment to provide more empathy to taxpayers and try to provide some financial relief. Council Member Cummings referenced #5 in the Reconciliation Letter and looks forward to working on the FY 2026-27 Budget with Council Member Schulman and the Process Improvement Steering Committee(PISC)this fall to find ways to reduce costs and hopefully bring some tax relief for citizens. Council Member Cummings advised this Council is burdened with decisions from past Councils that has added challenges to this year's budget, as the nation's economy is uncertain and facing a recession due to tariffs and inflation, coupled with warnings to anticipate less tourism revenue due to an expected decrease in foreign travel. Council Member Cummings explained this Council is tasked with providing thirty (30) additional firefighters, deferred maintenance on major assets such as the aquarium, convention center and courthouse, which has been passed down to address this year. Council Member Cummings advised after the Market Salary Survey, there was a substantial increase of compensation for some employees, which is justifiably needed, but instead of implementing it on a yearly basis it was deferred to this year. Additionally, past Council' promised to cap the stormwater fees until 2028 but as prices to provide those services increase each year, it has put another burden on this Council to address and requested the Body to refrain from making these types of promises in the future as they may not be able to keep due to an uncertain economic future. Council Member Cummings expressed his opposition to the proposed meal tax and requested that if it is adopted, to allow an abatement of that tax during Restaurant Week, as a show ofgoodfaith to the restaurant community and patrons. May 6, 2025 4 CITY COUNCILS RECONCILIATION ITEM#76987 (Continued) Lastly, Council Member Cummings shared his support for the City' future to become the action sports capital on the east coast, as there are a lot of opportunities with the availability of land to build ball fields, cross-country tracks, expand on existing soccerfields and build otherfacilities on land near the Convention Center which would attract sports year round, bringing the City to a premier level when it comes to action sports. Council Member Cummings referenced the 20 year study on the Convention Center and believes the Convention Center would better serve the City if it was repurposed to facilitate action sports, while keeping the ballroom, it could become a civic arena center for sports and events. Council Member Cummings additionally believes the Body should monetize and prioritize parking around the Convention and Sports Centers to facilitate parking needs, as well as areas surrounding the ViBe District, Atlantic Park, Dome and Oceanfront. Council Member Cummings advised past studies have already justified the need for parking and believes it is essential before the area can grow and develop further. Council Member Jackson-Green expressed he is thankful he can participate in his first budget cycle and has learned the Body is very pro people. Council Member Jackson-Green expressed his appreciation for item #38 in the Reconciliation Letter, which provided him with clarity on the City' process for awarding regional grants. Council Member Jackson-Green praised the Community Organization Grant Review and Allocation Committee(COG) as a vital mechanism that provides checks and balances in the allocation of grant funds and plays a proactive role in protecting taxpayers'money. Council Member Ross-Hammond referenced item #26 in the Reconciliation Letter and advised while $50,000 has been funded, $75,000 was requested for planning and organizing events to commemorate the 250`h Anniversary of Virginia's participation in America's independence. Council Member Ross-Hammond explained the VA250 Commission was provided with $60,000 last year and mistakenly believed the funds would be saved for use in the next year, not realizing if the funds were not used, they would be lost. Council Member Ross-Hammond requested additional funding, with$60,000 being the minimal amount to meet the Commission' needs. Council Member Ross-Hammond expressed her support for funding events as listed in items #4, #21, as well as funding to develop action sports, tree mitigation and providing the suggested meals tax break during Restaurant Week. Council Member Ross-Hammond shared her concern for Library staff who may have four (4)positions cut and would like to look for ways to improve morale. Council Member Ross-Hammond additionally expressed her appreciation and support for item#11, explaining three (3) years ago she initiated a project to place signs recognizing the City' historic African-American neighborhoods and the proposed funding will ensure all of the signs will be placed by next year. Council Member Remick expressed his appreciation to Vice Mayor Wilson and staff for their work on the proposed budget and is sensitive to the impacts of real estate taxes, the proposed meal tax increase and boat registration fees to those in his District. Council Member Remick advised the proposed meal tax increase and boat registration fee were a surprise to many in his District, and understands while it is not a big increase, it is still an increase and expressed his support to give restaurants the suggested tax break during Restaurant Week. Council Member Remick understands the budget is challenging especially considering the bond referendum was$567-Million and is now over$1-Billion with the dedicated 4.1 cents from real estate taxes remaining the same, adding it is incredible staff has provided a path that May 6, 2025 5 CITY COUNCIL'S RECONCILIATION ITEM#76987 (Continued) allows so many projects to move forward. Council Member Remick advised he would like to work with Council Member Cummings to find areas to reduce spending without increasing taxes next year and while he does not like every aspect of the proposed budget, he will vote to adopt it. Council Member Remick supported moving forward to grow action sports in the Resort Area and ITA, in line with recent studies, but is not prepared to make spending decisions and believes more discussion is necessary for that and use of the Convention Center. Council Member Remick advised he is grateful the Central Beach Land Study has been funded to look at parking solutions and closed by mentioning$10 Million was cut from the Rudee Loop project and the$48-Million Re-Imaging Atlantic Avenue project has been put on pause and shows the steps taken to cut back on some of the Resort Area projects to potentially benefit other projects. Council Member Schulman expressed his appreciation to Vice Mayor Wilson and stafffor their work on the budget and being communicative and open to suggestions. Council Member Schulman advised his requests were pedestrian related and is pleased to see funding proposed for the sidewalk in Chic's Beach and traffic signal at the intersection of First Court and Greenwell Road, both are safety improvements that have been requested by residents in those areas. Council Member Schulman also expressed he was pleased to see funding for many of the non-profit groups noting the East Coast Surfing Championship and the vibrant Filipino community who hosts the Fil Fest and is a wonderful festival. Council Member Schulman referenced item #3 in the Reconciliation Letter and expressed he does not want to minimize the concerns from the restaurant community and understands the price offood has increased, explaining the businesses do not pay this sub tax and while it is passed on to consumers, it is half of a percent. Council Member Schulman provided the example of a$50.00 bill and explained the meal tax increase is$0.25 and explained the importance of the tax and how it will work in concert with other revenue streams coming from the Open Space Special Revenue Fund,Agriculture Reserve Program and Town Center Tax Increment Fund(TIF)to support the Major Projects Fund. Council Member Schulman advised the Body discusses the rising costs of projects due to inflation often and believes if the projects can be completed sooner, it will avoid paying unnecessary inflation costs year after year and feels public safety projects deserve to be prioritized within the fund. Council Member Schulman referenced item#2 and expressed his support for the boat registration fee as the revenue will pay to maintain the resource that is utilized by the people who pay the registration fee. Council Member Schulman expressed his gratitude for#4 and explainedfor the public that the Central Business District South Tax Increment Financing District Fund (TIFF) is designed to finance new infrastructure, and the Special Service District (SSD) tax is meant to fund regular maintenance. Council Member Schulman advised Town Center is over twenty(20)years old and the aging assets, in addition to the regular maintenance,requires amending the TIFF to allowfunding capital maintenance on the elevators and garage in order to prevent the SSD from being depleted and continue funding regular maintenance. Vice Mayor Wilson asked City Manager Duhaney what the status is for tree mitigation plan? City Manager Duhaney advised staff presented the Body with a plan last year which included planting trees in each District using the Dominion Energy funding and will have staffprovide a report to refresh the plan. Vice Mayor Wilson acknowledged Council Member Henley's concern of spending$200,000 on the ITA study and advised she did not feel there was enough time to determine how the funding would be spent but did May 6, 2025 6 CITY COUNCIL'S RE CONCILL4 TION ITEM#7698 7 (Continued) not want to remove it, reassuring Council Member Henley the funding will remain as proposed and how it will be used can be discussed with the Body during a future meeting. Vice Mayor Wilson expressed her support for Restaurant Week to be tax-free, similar to how it was done during the COVID-19 Pandemic, and asked City Manager Duhaney if there were any concerns with it being included in the Reconciliation Letter. City Manager Duhaney advised he will work with the City Attorney to determine if there are any obstacles and will provide the Body a report with options. Council Member Henley advised Dominion Energy provided funding for mitigating the tree loss in the ITA when many were removed during the Coastal Virginia Offshore Wind (CVOW) Project and is where the trees should be planted and would also like to make sure that the other short term low cost items are being done. City Manager Duhaney advised the other low cost items are not being done, explaining early this year staff provided a presentation on expanding Innovation Park and was then given direction from the Body to provide a plan to reconcile options how action sports in the ITA and the expansion of Innovation Park can co-exist and is being worked on now. Council Member Henley referenced item #39 and expressed her concern of waiting three (3) years to monitor dedications within Special Revenue Funds and should instead be consistently reviewed to ensure the programs are still achieving the expected results. Mayor Dyer advised many municipalities are having similar challenges and it is not easy as there are always items that some like and some do not, but it is important to move forward. Mayor Dyer asked the Body to consider that the things that are objected to, may be necessary, and to have the political courage to support. Mayor Dyer advised he agrees that action sports in the ITA is good but there may be a need to find a compromise as the City is running out of land and revenue sources must be created. Mayor Dyer believes while the increase to the meal tax is a tough option, the police need to have a training facility and once the Body has prioritized items, it is important to move forward with them. Mayor Dyer advised each Council Member has contributed to the proposed budget and recommends moving forward to approve it. Vice Mayor Wilson asked City Manager Duhaney if he would comment on the Library staffing. City Manager Duhaney advised what is being proposed right now are five (5) supervisory positions and are not public facing positions. City Manager Duhaney explained with improved technology in place there is not a need to have as many Branch Service Coordinator positions, with the goal being to consolidate the positions, and provide central services for some of the work that they do across the district. Council Member Henley advised she wanted to mention an email that was sent to the Body with several hundreds of pages in letters of support for the ITA Master Plan update and is hopeful the Body will review them, explaining last year she asked to have the report brought to the Body by October I't to allow it to be included May 6, 2025 7 CITY COUNCIL'S RECONCILIATION ITEM#7698 7 (Continued) his budget while also allowing plenty of time for public scrutiny and the letters show how much the public is in support. Council Member Cummings wanted to clarify his earlier statement concerning the budget process and explained he did not mean to indicate that public input is not taken into consideration. Council Member Cummings provided the example of the public input received concerning the opposition to the boat tax which was reconsidered and does not want anyone to feel it does not matter. Council Member Cummings advised when there is well-thought out and organized public input, the issues are brought forward to City Council and are considered, adding he strongly encourages people to get even more involved in future public engagement opportunities as it does matter. Mayor Dyer expressed his appreciation to Council Member Cummings for his initiative to work with Council Member Schulman and the Process Improvement Steering Committee(PISC) to look at the budget process, adding that is exactly what it was established for. Mayor Dyer advised it will lookfor redundancies and opportunities for changes to help with the broad challenges the City faces with having a national debt of$37-Trillion with a tremendous debt service which prevents the City from receiving federal funding. Mayor Dyer added another benefit of working with PISC is it will help inform the public and will be on an ongoing each year yearly basis. May 6, 2025 a�4o1N A 9 - City of Virginia Beach zo erJ L Or• OUR NAt10 �" VirginiaBeach.gov MUNICIPALCENTER,BUILDING 1 Robert M."Bobby"Dyer 2401 COURTHOUSE DRIVE MAYOR VIRGIN IA BEACH,VA 23456-9000 OFFICE:(757)385-0581 CELL:(757)749-4659 BDYER@VBGOV.COM May 6, 2025 Members of City Council Subject: FY 2025-26 Resource Management Plan Reconciliation Dear City Council Members: The budget is arguably the most important process undertaken by the City Council and is truly a year-round process. The budget outlines the collective priorities of the City and allows for implementation of policies that meet the needs of the public. Due to current realities,finalizing the budget this year more than ever has been a delicate balance of preserving services, while addressing emerging priorities, and sustainably planning for the future. On March 26, 2025, the City Manager and the Director of Budget and Management Services presented the Proposed FY 2025-26 Resource Management Plan that was developed through months of planning and incorporating direction provided by the City Council. Since that time,the City Council has held five workshops to hear from each department head regarding operational needs. In addition to the workshops, we have held two public hearings and received feedback from the community through Balancing Act, SpeakUp VB, via email, and social media. Using all of this information, we have worked together to balance competing priorities as outlined below. 1. Many additional staffing requests were made by several departments to the City Council for enhanced service delivery; in recognizing the economic uncertainties of today,through this Reconciliation process we have worked to minimize ongoing costs to the City and have not added any additional positions beyond those included within the Proposed Budget. 2. In response to community feedback,the proposed pleasure boat tax of$1.50 per$100 of assessed value will be removed from the FY 2025-26 Budget. In lieu of the tax,a more affordable annual registration fee will be implemented, tiered based on size of the vessel. Attached to this document is the proposed ordinance outlining the fee. Revenue generated through this fee will be dedicated to the Coastal CIP section to provide a sustainable funding source for future dredging needs.As a result of this change,there is a net reduction in revenue of$1,960,530.The four Capital Improvement Projects enhanced through the additional revenue will be reduced in the aggregate amount of$1,425,000. The remaining $535,530 of lost revenue will be offset by the use of General Fund fund balance. 3. Amend the proposed ordinance establishing the Major Projects Fund to more clearly dedicate the meals tax increase of 0.5%included within the FY 2025-26 Operating Budget for the purpose of public safety and judicial needs.The proposed ordinance as amended is included as an attachment. 1 4. To address aging infrastructure within Town Center, amend the scope of the Central Business District South Tax Increment Financing District (Town Center TIF) to allow for capital maintenance and beautification efforts. The proposed ordinance is included as an attachment. 5. Direct the City Council appointed Process Improvement Steering Committee (PISC) to collaborate and coordinate with the City Manager's Office to review City department services to identify possible efficiency opportunities, cost saving measures, and provide recommendations to the City Council for its review and consideration as part of the Committee's fiscal year 2026 annual report. 6. The Proposed Budget included funds for an economic feasibility study under Project 100700"ITA Athletic Village Preservation Area Plan."City staff is directed to await further direction from the City Council prior to beginning such a study. 7. Due to funding limitations, full implementation of the findings from the market salary survey was not possible. The City Manager is directed to provide the City Council with a mid-year report on additional compensation options, for those not receiving market salary related adjustments, that align with the economic reality of the times and do not result in becoming an ongoing cost to future operating budgets. An example could be the exploration of mid-year bonus adjustments or other offerings provided by the City during previous times of economic uncertainty, such as the bonus provided by the Commonwealth for State supported positions. 8. Direction is provided forthe City Managerto report on Enterprise Fund(Stormwater,Waste Management, and Public Utilities) workplace facility, fleet, equipment, and personal protective equipment needs. This report should include an analysis of the funds' ability to absorb any additional investment in these areas in lieu of rate adjustments where possible. 9. Amend the proposed changes to City Code related to observed holidays to allow sworn fire department staff to maintain the previously 11 observed City holidays and three flexible holidays. The FY 2023-24 budget amended the flexible holiday value for the Fire Department to 24 hours, consistent with the duration of one-shift. A request was made to increase holiday pay for Firefighters from 11.2 hours to 16 hours. To better understand the budget impact associated with this requested increase in holiday hour pay, direction is provided that staff review the impact of this over the next two years based on actual payroll numbers to better determine the annual impact.A report out of the information is to be provided to City Council for their consideration to implement the change. 10. Increase the General Fund Compensation Reserve by $51,000 to provide the deputy chiefs of the four public safety departments an additional 2% compensation increase for a total pay increase of 5% to mitigate compression within the departments. 11. Increase the year-one appropriations of Project 100399 "Strategic Development Projects" by $150,000. This funding will be used for additional placemaking signage for the four remaining historically African American communities within the City without signage. This increase will be offset by increased pay-as- you-go funding from the General Fund. 2 12. Increase the year-one appropriations of Project 100682 "Woodstock Road Sidewalk" by$350,000 for the design of the project.This project will provide pedestrian connectivity between two segments of existing sidewalk allowing for safer access to Woodstock Cove Park and Woodstock Elementary School. This cost will be offset by the reduction in Speed Enforcement revenue and appropriations within Project 100423 "Traffic Safety Improvements IV."The remaining balance to complete on the project is$2,500,125. 13. Establish Project 100702 "Lookout Road Sidewalk" and program $325,000 in year-one of the Capital Improvement Program for preliminary design of a sidewalk on the north side of Lookout Road from Northampton Boulevard to Seaview Avenue. This cost will be offset by the reduction in Speed Enforcement revenue and appropriations within Project 100423 "Traffic Safety Improvements IV." The remaining balance to complete on the project is up to $2,975,000, depending on stormwater solutions implemented with the construction. 14. Provide direction to City staff to explore the installation of a High-Intensity Activated Crosswalk (HAWK) near First Court Road and Greenville Road to improve pedestrian safety around Bayside Recreation Center within Project 100423 "Traffic Safety Improvements IV." The costs to implement a HAWK signal at this location in the future could be supported by the Speed Enforcement revenues dedicated to the project if direction is provided to install the signal. 15. Increase the year-one appropriations of Project 100632 "Park Infrastructure Replacement and Underdeveloped Park Improvements" by$150,000 for enhancements to the Salem Village Park located off of Moonstone Drive.This increase will be offset by increased pay-as-you-go funding from the General Fund. 16. Amend the status of Project 100317"Princess Anne Road Phase VII-A"from"Deleted"to"Proposed."This project is for the construction of safety improvements from Seaboard Road to Sandbridge Road,including shoulder widening, drainage improvements, and utility relocations. The balance to complete on this project is $17,321,070, as reflected on the "Requested but Not Funded" listing within the Capital Improvement Program document. 17. Increase the year-one appropriation of Project 100203 "Heritage Building Maintenance II" by $150,000 for the Lynnhaven Cottage to create studio/event space,including reconfiguring the floor plan,renovating the existing mechanical, electrical, and plumbing systems, and building envelope at the Lynnhaven Cottage, located on the property of the Lynnhaven House. This increase will be offset by increased pay- as-you-go funding from the General Fund. 18. Change the name of Project 100651 "Court Modernization" to "Critical Court Facility Safety and ADA Accessibility" to more accurately reflect the scope of the project and the extensive nature of the improvements that are being considered. 19. Reduce the year-one appropriation of Project 100667 "Rudee Loop Park Development" by$10,000,000. This will bring the total budgeted cost of the project to$50,000,000.This reduction in appropriations will preserve bonding capacity in the Tourism Investment Program Fund for future needs. 3 20. Increase the General Fund Budget of Economic Development by $250,000 to expand the Facade Improvement Grant program specifically for business along Atlantic Avenue. This onetime expansion of the program will be offset by a onetime reduction in the cigarette tax dedication and appropriation for Project 100157 "Economic Development Investment Program II." Items 21-28 are adjustments to department operating budgets for the following purposes: 21. Increase the Convention and Visitor Bureau's Tourism Investment Program Fund budget by$125,000. Of this amount, $75,000 is for the VB Jaycees Charities for East Coast Surfing Championship (ECSC) and $50,000 is for ongoing support for the Neptune Festival. These amounts will be offset by reduction of a budgeted reserve for contingencies within the fund. The City Manager should give consideration to continuing this level of support within the FY 2026-27 Operating Budget.This amount is in addition to the existing $25,000 provided for ECSC within the Tourism Advertising Program Fund and the $475,000 for the Neptune Festival within the Tourism Investment Program Fund. 22. Increase the Convention and Visitor Bureau's General Fund Budget by $49,415 in one-time funds to provide support for"The Moving Wall"exhibition of the Vietnam Veterans Memorial.The Moving Wall is a half-size traveling replica of the Vietnam Veterans Memorial in Washington, D.C., has been touring the United States since 1984. Mission: POW-MIA is funding all other costs associated with the Moving Wall except for the exhibit space. 23. Increase the General Fund Budget of Parks and Recreation by $3,500 for the one-time purchase and installation of a bulletin board located in the Scarborough Square Park in partnership with the community civic league. 24. Increase the General Fund Budget of Parks and Recreation by $20,000 for portable bathrooms at the Lynnhaven Marina to ensure sufficient facilities are available to meet public and public safety needs. Direction is provided for City staff to develop reasonable cost estimates for consideration for more permanent facilities. 25. Increase the General Fund Budget of Parks and Recreation by$15,000 in one-time funds for Fil Fest USA, a festival in honor of Filipino American History Month in October 2025. 26. Increase the General Fund Planning Department's budget by$50,000 in one-time funds to provide funding for the VA250 Commission.The VA250 Commission is a state appointed Commission that was established by the Virginia General Assembly in 2020 to commemorate the American Revolution. The FY 2024-25 budget provided the Commission with $60,000 to be used for preliminary events, planning, and coordination efforts. 27. Increase the General Fund Department of Cultural Affairs' budget by $100,000 for ongoing support for Juneteenth celebrations within the city in collaboration with community partners. 28. Provide a $37,500 one-time increased contribution to the Virginia Symphony Orchestra within the Department of Cultural Affairs' Arts and Culture dedication. This funding will offset a portion of the cost 4 for school field trips to performances. It is anticipated that Virginia Beach City Public Schools will also contribute$37,500 for this purpose. Items 29-37 are related to contributions to non-profit partners: 29. Increase Non-Departmental Regional Grants by $25,000 to provide a one-time contribution to the Parks and Recreation Foundation for ongoing fundraising efforts related to park and playground enhancements within Bay Colony in coordination with the community's civic league and the Department of Parks and Recreation. This funding is in addition to the $150,000 provided in FY 2023-24 for both Bay Colony and Seatack Parks. The organization will be required to return reporting documents consistent with all other Regional Grants. 30. Increase Non-Departmental Regional Grants by $90,200 to provide ongoing support to Hampton Roads Pride in support of their Pride at the Beach Festival in the summer of 2026. When combined with the existing grant, the total ongoing amount will be $100,000. This funding will be paid directly to IMGoing, the event producer. Hampton Roads Pride will be required to return reporting documents consistent with all other Regional Grants. 31. Increase Non-Departmental Regional Grants by $21,200 in one-time funding to support tuition waivers for the Joe Smith Basketball Academy tentatively to be held at the Virginia Beach Sportscenter.Joe Smith is a Hampton Roads native and after retiring from the NBA he founded the basketball academy to teach the sport as well as to provide mentorship for children. Funding will be contingent upon the organization's registration with the State Corporation Commission.The organization will be required to return reporting documents consistent with all other Regional Grants. 32. Increase Non-Departmental Regional Grants by$10,000 in one-time funding to support the Virginia Beach Mustangs Association. This youth football organization has been active for nearly 25 years and is fully supported by volunteers.The organization will be required to return reporting documents consistent with all other Regional Grants. 33. Increase Non-Departmental Regional Grants by$50,000 in one-time funding for Sonrise Christian Music Festival. The organization initially requested $150,000 in support for production, marketing, and other expenses for their planned September 2025 event.Sonrise will be required to report on event attendance following the event and will be required to return reporting documents consistent with all other Regional Grants. 34. Increase Non-Departmental Regional Grants by $41,400 in one-time funding for Great Neck Athletic Association to support their citywide youth tackle football program. Great Neck Athletic Association's citywide youth tackle football program provides youth a positive, safe environment to learn the fundamentals of the sport. The organization will be required to return reporting documents consistent with all other Regional Grants. 35. Increase Non-Departmental Regional Grants by$25,000 in ongoing funding to support the Urban League's Martin Luther King Day Celebration. This event is typically held at the Virginia Beach Convention Center, 5 and the City has been a sponsor for several fiscal years necessitating mid-year Council action. The organization will be required to return reporting documents consistent with all other Regional Grants. 36. Increase Non-Departmental Regional Grants $30,000 in ongoing support for the Men of Faith basketball camp to be held at the Virginia Beach Sports Center.Children who attend this camp will be provided with an experience that includes technical skill improvement as well as mentorship. Attendees will also learn about other opportunities provided by Men of Faith such as their previously hosted reading academy.The organization will be required to return reporting documents consistent with all other Regional Grants. 37. Decrease Non-Departmental Regional Grants by $29,400. Of this amount, $9,800 will be reduced from Virginians for High-Speed Rail and $19,600 from the American Red Cross. Virginians For High-Speed Rail has been receiving a grant from the City since FY 2001-02 and The American Red Cross since FY 2014-15. 38. Direct the Community Organization Grant (COG) Committee to review the existing non-MOU driven Regional Grant recipients.This review will ensure all grant funds are being used properly and meeting the current needs of the community. As all Regional Grants are allocated at the direction of the City Council and remain within the budget until direction is provided to remove them, a thorough review of Regional Grant awards is needed and will be conducted at a minimum of every five years by the COG Committee. COG may provide recommendations on future funding allocations during this review for the City Council's consideration as a part of the FY 2026-27 budget process. 39. Direct staff to review dedications within Special Revenue Funds at a minimum of every three years and report out to City Council on capacity, overall health, and if the fund is sufficient to meet dedication obligations. This letter, combined with the City Manager's Staff Requested Reconciliation letter, which was provided to City Council previously, are reflected in the attachments which include details about the funding sources and appropriation adjustments to balance the FY 2025-26 Operating Budget and Capital Improvement Program. As always, we want to thank the members of the community who participated in public hearings or weighed in on social media or other platforms to offer their comments on the FY 2025-26 Operating Budget and CIP in addition to the staff members who made every effort to respond to our requests for information. If you have any questions or concerns, please contact us directly. Sincerely, Robert "Bobby" M. Dyer, Mayor Rosemary Wilson,Vice Mayor Attachments (14) 6 Reconciliation Attachment - Operating Budget DescriptionItem Fund Staff#4 Risk Funding from Commonwealth-Cancer Screenings 200,000 200,000 - Staff#5 Grant Funding from Commonwealth-Virginia African American Cultural Center 1,000,000 1,000,000 - Staff#6 Grant Funding from Commonwealth-The Hallows-Samaritan House 200,000 200,000 - Staff#7 GF State Compensation Board-Treasurer 16,139 - - Staff#7 GF State Compensation Board-Commissioner of the Revenue 40,793 - - Staff#7 GF State Compensation Board-Clerk of the Circuit Court 97,245 - - Staff#7 GF State Compensation Board-Commonwealth's Attorney 94,277 - - Staff#7 SHF State Compensation Board-Sheriff 688,282 - - Staff#7 SHF State Compensation Board-Sheriff General Fund Transfer (688,282) - - Staff#7 GF State Compensation Board-Sheriff General Fund Transfer - (688,282) - Staff#8 GF Aquarium Foundation Position Conversion 65,579 - - Staff#9 Grant Human Services- PATH (175,000) (175,000) (2.00) Staff#10 GF Human Services-JDC Federal Revenue (99,471) - - Staff#10 GF Human Services-JDC State Revenue 284,300 184,829 - Staff#12 GF Commonwealth's Attorney-Full Time FTE Conversion (One Full-Time) - - (1.00) Staff#12 GF Commonwealth Attorney's-Full Time FTE Conversion (Two 0.5 Part-Time) - - 1.00 CC#2 GF Pleasure Boat Tax&Transfer to the CIP (4,320,000) (4,320,000) - CC#2 CIP Pleasure Boat Tax Transfer from the General Fund (4,320,000) (4,320,000) - CC#2 GF Boat License Fee&Transfer to the CIP 2,359,470 2,359,470 - CC#2 CIP Boat License Fee&Transfer from the General Fund 2,359,470 2,359,470 - CC#10 GF Compensation Reserve-Deputy Chief Compensation - 51,000 - CC#11,15,17 GF Increase Pay-Go for Various Projects - 450,000 - CC#11,15,17 CIP Increase Pay-Go for Various Projects Transfer from the General Fund 450,000 450,000 - CC#20 GF Economic Development-Facade Grant-Atlantic Avenue - 250,000 - 7 Rarnr%rilintinn Afforhmont _ nrtnr-itinrr QIIA of v11%.IIiuLIWII r\tLu%.iii11%-11L vN%.iuui15 vuus� � Item Fund Description Revenue E •' CC#20 GF Reduce Pay-Go to CIP for EDIP to support Fagade Grant - (250,000) - CC#20 CIP Reduce Pay-Go from General Fund to support Fa4ade Grant (250,000) (250,000) - CC#21 TIP CVB- Neptune Festival Increase - 50,000 - CC#21 TIP CVB- ECSC Increase - 75,000 - CC#21 TIP Reduction of Reserve for Contingencies - (125,000) - CC#22 GF CVB-Vietnam Veteran's Memorial Support 49,415 CC#23 GF Parks & Recreation -Scarborough Square Civic League Message Board - 3,500 - CC#24 GF Parks & Recreation- Restroom at Lynnhaven Boat Ramp - 20,000 - CC#25 GF Parks &Recreation - Fil Fest Support - 15,000 CC#26 GF Planning-VA 250 Commission - 50,000 - CC#27 GF Cultural Affairs-Juneteenth - 100,000 - CC#29 GF Regional Grants- Parks& Recreation Foundation- Bay Colony Park - 25,000 - CC#30 GF Regional Grants- Hampton Roads Pride - 90,200 - CC#31 GF Regional Grants- Grant for Tuition Waivers for Joe Smith Basketball Camp - 21,200 - CC#32 GF Regional Grants-Virginia Beach Mustangs Association (Youth Football) - 10,000 - CC#33 GF Regional Grants-Sonrise Christian Music Festival - 50,000 - CC#34 GF Regional Grants- Great Neck Athletic Association (Youth Football) - 41,400 - CC#35 GF Regional Grants- Urban League Grant(MLK Event) - 25,000 - CC#36 GF Regional Grants- Men of Faith (Basketball Camp) - 30,000 - CC#37 GF Regional Grants- Red Cross and Virginians for High Speed Rail - (29,400) - Total (1,997,198) (1,997,198) (2.00) 8 Reconciliation Attachment-Capital Improvement Program Item Expenditure • Staff#1 Holland Road Phase I(Project#100564) 10,553,124 (882,873) (4,321,906) (6,850,039) 1,050,098 451,596 - Staff#2 Independence Boulevard/Edwin Drive Intersection(Project#100482) (3,900,000) (4,800,000) - 8,700,000 CC#2 Western Branch Lynnhaven River Dredging(Project#100552) (500,000) (500,000) (500,000) (500,000) (500,000) (500,000) CC#2 Eastern Branch Lynnhaven River Dredging (Project#100152) (500,000) (500,000) (500,000) (500,000) (500,000) (500,000) CC#2 Dredge Operations Rehab and Modifications(Project#100149) (275,000) (275,000) (275,000) (275,000) (275,000) (275,000) CC#2 Various Minor Dredging(Project#100450) (150,000) (150,000) (150,000) (150,000) (150,000) (150,000) CC#11 Additional Historic African American Neighborhood Signs (Project#100399) 150,000 - - CC#12 Woodstock Road Sidewalk(Project#100682) 350,000 CC#13 Lookout Road Sidewalk(Project#100702) 325,000 - CC#12,13 Traffic Safety Improvements IV(Project#100423) (675,000) CC#15 Park Infrastructure for Salem Village Park(Project#100632) 150,000 CC#17 Renovations of Lynnhaven Cottage(Project#100203) 150,000 CC#19 Rudee Loop Park Development(Project#100667) (10,000,000) - - - CC#20 Economic Development Investment Program(Project#100157) (250,000) - Total 10,553,124 (16,007,873) (10,546,906) (8,275,039) (374,902) 7,726,596 (1,425,000) Item Revenue • FY 26 FY 27 FY 28 FY 29 FY 30 Staff#1 Holland Road Phase I(Project#100564)State Revenue 10,553,124 (882,873) (4,321,906) (4,350,039) 1,050,098 451,596 - Staff#1 Holland Road Phase I(Project#100564)Federal Revenue - - (2,500,000) - - Staff#2 Independence Boulevard/Edwin Drive Intersection(Project#100482)State (3,900,000) (2,357,891) 8,700,000 Staff#2 Independence Boulevard/Edwin Drive Intersection(Project#100482)Federal (2,442,109) - Staff#3 Federal Contribution (1,500,000) - CC#2 Pleasure Boat Tax(General Fund Transfer) (4,320,000) (4,320,000) (4,320,000) (4,320,000) (4,320,000) (4,320,000) CC#2 Pleasure Boat Fee(General Fund Transfer) - 2,359,470 2,359,470 2,359,470 2,359,470 2,359,470 2,359,470 CC#2&Staff#3 General Fund Fund Balance 1,500,000 535,530 535,530 535,530 535,530 535,530 535,530 CC#11,15,17 General Fund Pay-Go 450,000 CC#19 Public Facility Revenue Bonds - (10,000,000) - - - - - CC#20 Cigarette Tax(General Fund Transfer) - (250,000) - - Total 10,553,124 (16,007,873) (10,546,906) (8,275,039) (374,902) 7,726,596 (1,425,000) 9 1 AN ORDINANCE TO ADD ARTICLE IV TO CHAPTER 18 OF THE CITY 2 CODE TO PROVIDE FOR PLEASURE BOAT LICENSE FEES 3 SECTIONS ADDED:Chapter 18 Article IV. § 18-300 through 18-305 4 5 6 WHEREAS,the City of Virginia Beach has extensive waterways and beaches that are of importance to the 7 local community and require recurring expenditures for dredging and other capital maintenance; 8 9 WHEREAS, the Proposed FY 2025-26 Operating Budget proposed a pleasure boat tax increase from 10 $0.000001 per$100 of assessed value to $1.50 per$100 of assessed value consistent with commercial vessels to 11 dedicate ongoing resources to the Coastal Capital Improvement Program; 12 13 WHEREAS,following community feedback regarding the proposed tax increase, pursuant to the authority 14 set forth in Virginia Code section 15.2-1125, the City Council directed staff to identify a more equitable fee 15 structure to defray the costs of proper local government management of the city waters used for recreational 16 purposes;and 17 18 WHEREAS, for these reasons a license on the privilege of operating or owning a boat for recreational 19 purposes in the city is imposed together with a license fee; 20 21 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 22 23 1. That Article IV of Chapter 18 of the Code of the City of Virginia Beach, Virginia, is hereby added and 24 ordained to read as follows: 25 26 Article IV.Pleasure Boat License Fee 27 28 Sec.18-300. Definitions 29 30 For the purposes of this article,certain words and phrases shall have meanings ascribed to them by the 31 following subsections of this section. 32 ll City waters.Waters within the territorial limits of the City of Virginia Beach. 33 (2) Boats. Privately owned motorized pleasure boats and watercraft used for recreational purposes only 34 and privately owned non-motorized pleasure boats used for recreational purposes only. 35 (3) Operate.To captain, man,or be a passenger aboard a boat,or to tow by motor vehicle a boat to or 36 from a pier,dock, landing,or wharf. 37 38 Sec.18-301. License fee;situs;requirement thereof:violations:penalty 39 40 (a) A license fee as set forth in section 18-302 is imposed on every boat which is normally operated 41 docked, stored, or kept within city limits for six (6) months or more. If it cannot be determined 42 where such boat is normally operated, docked stored or kept the situs for the purpose of 43 imposing this license fee shall be the domicile of its owner. The commissioner of the revenue 44 shall determine the applicability of this section and the treasurer shall bill and collect the license 45 fee assessed. Every owner of a boat normally operated docked stored or kept within city limits 46 shall register such boat with the commissioner of the revenue within ten (10)days of purchasing 47 a boat or within thirty (30) days of moving situs of the boat to the city, whichever is sooner. 48 Notwithstanding the preceding, the commissioner of the revenue may obtain information from 49 the U.S. Coast Guard,the Department of Wildlife Resources or other applicable agency or party 10 50 including public or private marinas and storage yards, to substantiate the situs of a boat. At the 51 request of the commissioner of the revenue, a public or private marina or storage yard may be 52 called upon to provide a list of boats garaged or docked in such marina or storage yard. 53 54 (b) It shall be unlawful for any person to operate, dock,store,or keep a boat within the city without 55 having paid the license fee therefore.The failure or refusal of an owner or operator of any boat 56 subiect to a license fee imposed by this article, who shall not have first paid the license fee by 57 June fifth (5th) under this article for such license year, shall constitute a class four (4) 58 misdemeanor punishable by a fine of not more than two hundred and fifty dollars($250.00). 59 60 Section 18-302.Amount of fee—Generally 61 62 (a) Amount of fee. The license fee imposed by this article on all boats that have situs in the city as 63 described in this article for the calendar year shall be as follows: 64 a. For motorized boats under sixteen(16)feet in length,twenty dollars($20.00); 65 b. For motorized boats sixteen(16)feet to less than twenty(20)feet in length,forty dollars 66 40.00 67 c. For boats twenty(20)feet to less than forty(40)feet in length,two hundred fifty dollars 68 250.00 69 d. For boats forty(40)feet in length and over,five hundred dollars($500.00). 70 (b) Means for computing fees. The four (4) watercraft size categories provided in subsection a, 71 above,are to be verified by the commissioner of the revenue using information obtained by him, 72 and such information shall be considered prima facie correct. 73 (c) Burden of proof. Any appeal of category provided in subsection a shall be made to the 74 commissioner of the revenue. In such appeal,the applicant for a license shall bear the burden of 75 proof to rebut the determination of the commissioner of the revenue. 76 77 Section 18-303. Boats exempt from license fee 78 79 (a) The license fees imposed by this article shall not apply to boats on which the city is prohibited 80 from imposing a tax by federal law or the laws of the commonwealth. 81 (b) Boats or watercraft subiect to personal property taxes pursuant to classifications provided by 82 Virginia Code § 58.1-3506(A)(1a), (A)(1b), (A)(35), and (A)(36) where such owners of the boat or 83 watercraft have paid the applicable personal property taxes. 84 85 Section 18-304.Invoice for license fee and payment:proration. 86 87 (a) A license fee will be applied by the commissioner of the revenue and charged to the owner of 88 such boat. The city treasurer shall mail, or by alternative billing process, if one exists, the 89 taxpayer a bill for the license fee for the current and each subsequent year. 90 (b) Upon payment to the treasurer of the license fee prescribed by this article and in compliance 91 with all other applicable provisions of this article, the city treasurer shall mark the treasurer's 92 records that a license fee has been paid on the applicant's boat for which the fee was charged. 93 (c) No license fee shall be applied and billed for a boat that obtains situs after October 1 of a given 94 calendar year. 95 (d) Where a boat obtains situs after July 1 and before September 30, the license fee shall be 96 prorated to reflect one half(1/2)of the amount provided in section 18-302(a). 97 98 Section 18-305.Refund of license fee:proration. 99 100 Any person paving a license fee on a boat under the requirements of this article shall be entitled to a 101 refund upon furnishing proof, by affidavit or otherwise, deemed satisfactory to the commissioner of the revenue 102 that such license is no longer required under this article. Partial refunds only apply where six months or more 11 103 remain in the calendar year,and the amount of such refund is calculated by six-month period. 104 105 2. This ordinance shall be effective January 1,2026. Adopted by the Council of the City of Virginia Beach,Virginia,on this_day of May,2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office 12 1 AN ORDINANCE TO ESTABLISH REVENUES FOR AND PLANNED 2 EXPENDITURES FROM THE MAJOR PROJECTS FUND 3 4 WHEREAS, the FY 2025-26 Operating Budget Appropriation Ordinance establishes a Major Projects Fund 5 to provide a sustainable means of funding to certain projects and obligations to include,among others: 6 7 (a) CIP 100644 Virginia Beach Trail 8 (b) CIP 100655 Law Enforcement Training Academy 9 (c) CIP 100660 Indian River Road Safety Improvements 10 (d) CIP 100651 Critical Court Facility Safety and ADA Accessibility; 11 12 WHEREAS, the projects providing public safety enhancements, the "Public Safety Projects," (b), (c), and 13 (d),above, require the City Council to create new revenue in the form of increased meals taxes and dedicate future 14 revenue; 15 16 WHEREAS, an analysis of the Town Center TIF indicated that there is sufficient funding to meet the long 17 term obligations of the Fund and, in the FY 2025-26 Operating Budget Appropriation Ordinance, the City Council 18 will have the opportunity to reallocate 40%of real estate TIF revenue from the Town Center TIF; 19 20 WHEREAS, an analysis of the Agricultural Reserve Program indicated that there is sufficient funding to 21 meet the long term obligations of the Fund and the City Council has decided to reallocate 0.3 cents of the real 22 estate tax; 23 24 WHEREAS, an analysis of the Open Space Special Revenue indicated that there is sufficient funding to 25 meet the long term obligations of the Fund and the City Council has decided to reallocate 0.27 percent of the tax 26 on meals purchased at food establishments; 27 28 WHEREAS, there is a need to allocate funds from the increased revenue generated from by the one-half 29 (0.5)percent increase on the tax on meals purchased at food establishments; 30 31 NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 32 33 1. That the following revenue sources shall be allocated to the Major Projects Fund,subject to annual 34 appropriation: 35 a. The revenue generated by a transfer of forty percent of the Town Center TIF revenues;and 36 37 b. The revenue generated by 0.3 cents of the 0.9 cent real estate dedication within the Agricultural 38 Reserve Program; the remaining 0.6 cents real estate tax dedication shall remain within the 39 Agricultural Reserve Program;and 40 41 c. The revenue generated by a 0.77% restaurant meals tax dedication; provided that 0.50% of this 42 amount is the subject of an ordinance before the City Council as part of the FY 2025-26 Operating 43 Budget ordinance package and 0.27% resulting from a redirection of the 0.44% restaurant meals tax 44 dedication within the Open Space Special Revenue Fund,which dedication to the Open Space Special 45 Revenue Fund will now be 0.17%of the restaurant meals tax. 46 47 2. That upon the execution of the Public Safety Projects,future capacity generated within the Major Projects 48 Fund directly associated with the one-half(0.5) percent increase on the tax on meals purchased at food 49 establishments be prioritized and dedicated for use in the construction, modernization,or maintenance of 50 infrastructure for the purpose of public safety and judicial administration. 51 52 BE IT FURTHER ORDAINED:That the effective date of this ordinance shall be July 1,2025. 13 53 54 Adopted by the Council of the City of Virginia Beach,Virginia,on this_day of May,2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office 14 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 City Attorney's Office CA16872 R-3 April 24,2025 15 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100399 Title:Strategic Development Projects Status:Approved Category:Economic&Tourism Development Department:PLANNING Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 13,595,687 11,945,687 400,000 250,000 250,000 250,000 250,000 250,000 0 Description This project will provide planning and design services,environmental studies,build or replace public infrastructure improvements,such as pedestrian roadways, utilities,and stormwater facilities,and acquire property as needed to support implementation of the eight Strategic Growth Areas(SGA)and the Comprehensive Plan.In addition,the project will provide for consulting,staffing,and other contractual services to support Strategic Development initiatives.Priorities for the SGA implementation efforts include development of Zoning Overlay Districts,implementation of Resort Area Mobility Plan initiatives(RAMP)and Resort Area Strategic Action Plan(RASAP)2030 priorities,and a small area plan for the Central Village District in the Pembroke SGA and Central Beach Entertainment District in the Resort SGA.This scope also includes development of detailed specific area development plans and preliminary design and cost estimating for future Strategic Development CIP projects. Purpose Tff97MrP'6=T this project is to eve op ano imp ement c ear o jectives 6ased upon t e goa s an vision set forth in the Comprehensive Vfamamd City Counci s Vision for the Strategic Growth Areas.This will involve partnering with civic groups,residents,businesses,and property owners to develop projects with clear objectives,which draw a link between past accomplishments,present conditions and future goals.Planning and design services will be used to prepare, facilitate,and align plans with the community to accelerate development,increase economic opportunity,and expand the tax base. History and Current Status This project first appeared in the FY 2008-09 CIP as the Strategic Growth Area Projects.In the FY 2016-17 CIP,$8,054,399 was transferred from this project to 100376 Burton Station Roadway Improvements I.In FY 2021-22,the project advanced initiatives established in the 2030 Resort Area Strategic Action Plan (RASAP)including sense of arrival/gateway improvements,streetscape improvements throughout the resort;and planning support for the Comprehensive Plan update and the Resort Area Mobility Plan initiatives(RAMP). FY 2022-23 this project advanced RAMP initiatives such as the Micro transit Pilot Program providing point-to-point and fixed route transportation opportunities in the Resort.In FY 2023-24 this project supported public engagement efforts for the future of Rudee Loop,the sense of arrival initiative and the Comprehensive Plan update.In FY 2024-25 this fund supported the relocation of the temporary canopy from 31st Street Park to ViBe Park and implementation of Historic African American Community Signs.In FY 2024-25,this project transferred$334,000 to Historic Kempsville(100204).In FY 2025-26 this fund is anticipated to support the Shore Drive Study update,zoning code updates following the Comprehensive Plan update,and completion Historic African American Community Signs. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Design 07/08-06/31 8,433,494 Site Acquisition 07/08-06/31 3,343,133 Construction 10/10-06/31 1,150,000 Contingencies 07/08-06/31 669,060 Total Budgetary Cost Estimate: 13,595,687 Means of Financing Funding Subclass Amount Local Funding 13,565,387 Sale of Property 30,300 NO MAP REQUIRED Total Funding: 13,595,687 s City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100682 Title:Woodstock Road Sidewalk Status:Approved Category:Roadways Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:1 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed C/P Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 500,000 150,000 350,000 0 0 0 0 0 2,500,125 Description This project will provide a 5-foot concrete sidewalk along the western side of Woodstock Rd from the northern entrance of New Song Fellowship Church to Walker Rd,a total distance of approximately 2650 LF.The proposed concrete sidewalk will connect existing sidewalk at both ends.Most of this sidewalk will be located within existing right-of-way.ADA ramps will be constructed where needed. Purpose and Need e purpose o t Is project is to prove OF peciestrian connectivity etween two segments o existing siaewa7ronWoo slocFKa near rove ence rom The south,the existing sidewalk terminates at the northern entrance of New Song Fellowship Church and then resumes approximately 2650 LF to the north at Walker Rd.By connecting these segments of existing sidewalk,the project will allow for safer access to Woodstock Cove Park to the north,religious institutions to the south,and Woodstock Elementary School on Providence Rd. History and Current Status This project first appeared in the FY 2024-25 CIP.FY 2025-26 costs are supported by speed enforcement revenue. Operating Budget Project Map Schedule of Activities Project Activities From-To Amount Design 07/31-03/33 500,000 Site Acquisition 07/32-01/33 166,950 Utility Adjustment 03/33-03/34 128,100 Construction 03/34-04/36 1,704,675 5 Contingencies 07/31-04/36 500,400 a o > P � � Total Budgetary Cost Estimate: 3,000,125 Means of Financing Funding Subclass Amount Miscellaneous Funding 350,000 woto Local Funding 150,000 Elementary 0 100682 t6-1"'wcd�o Scholl -- Total Funding: 500,000 Y T i 4 �e 4 °N o ^ +IVt+ l 2 i C O Y = u Y Y p j Alt Us ..... Regent �e �� lMrversily 7 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100702 Title:Lookout Road Sidewalk Status:Approved Category:Roadways Department:PUBLIC WORKS Ranking:0 Project .• Project Location Project Type:New Facility Construction/Expansion District:9 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 325,000 0 325,000 0 0 01 0 0 371,000 Description and Scope Project includes installation of sidewalk on the north side of Lookout Road from Northampton Blvd to Seaview Ave. The project will include also needed private utility relocations as well as site acquisition. Stormwater improvements will also be studied for potential implementation with the project. Purpose o prow ape estrTi Sa ety an connectivity improvements a ong o0 out Roa Potentia stormwater improvements wi Ni so a stu ie or imp ementation. History and Current Status This project first appeared in the 2025-26 CIP. FY 2025-26 costs are supported by speed enforcement revenue. Operating Budget ScheduleProject Map of Activities Project Activities From-To Amount Design 07/25-06/27 61,000 Site Acquisition 07/31-06/32 30,000 Utility Adjustment 07/32-02/33 106,000 Construction 03/33-03/34 318,000 Contingencies 07/25-03/34 181,000 Total Budgetary Cost Estimate: 696,000 Means of Financing oq<C ail Funding Subclass Amount Miscellaneous Funding 325,000 Local Funding 0 0 100701 C Total Funding: 325,000 l«,yC �OOkouT AO O S • D N O O S i Y P � O • O^C vCFIIC,40 Z +O O 8 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100423 Title:Traffic Safety Improvements IV Status:Approved Category:Roadways Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 65,207,409 27,362,365 6,655,218 7,331,005 6,665,5411 6,165,541 5,862,198 5,167541 0 Description This project provides for modification of existing roadways by constructing turn lanes and bypass lanes,realignment of existing roadways,installing traffic signals, installing guardrails,installing sidewalks,removing visual obstructions,and funding various other traffic safety improvements.This project also provides for collecting traffic data,assessing required roadway capacity,acquiring needed property and easements,and constructing safety improvements.This annual program includes competitively obtained funding for various projects awarded by the Virginia Department of Transportation(VDOT)through the following grant programs:Transportation Alternatives Program(TAP);Bicycle and Pedestrian Safety Improvement Program(BPSP);Congestion Mitigation and Air Quality (CMAQ);and Highway Safety Improvement Program(HSIP). Purpose and Need T ere are intersections ano roab segments w ere minor mo i ications can increase t ra is capacty an sa ety. it out t is project,minor improvements to upgrade existing traffic safety problems cannot be expedited to meet changing traffic demands.This would delay needed minor improvements to the City's Transportation Infrastructure System. History and Current Status This project first appeared in the FY 2016-17 CIP and continues the activities of"Traffic Safety Improvements III."Beginning with the FY 2012-13 and continuing through FY 2029-30,this project will receive funding from Dominion Power for use of property in the Norfolk Southern Right-of-Way.By the agreement,these funds must be used for transportation purposes.In FY 2023-24, $4.3 million was appropriated to this project from the sale of property to Dominion for their offshore wind project.Beginning in FY 2025-26,approximately$4 million annually is programmed to this project from the revenue generated from speed enforcement cameras. Operating Budget Project Map Schedule of Activities Project Activities From-To Amount Design 07/16-06/31 6,770,138 Construction 07/16-06/31 53,923,845 Contingencies 07/16-06/31 4,513,426 Total Budgetary Cost Estimate; 65,207,409 Means of Financing Funding Subclass Amount State Contribution 473,132 Miscellaneous Funding 20,873,699 Local Funding 33,535,987 Sale of Property 4,264,888 Lease of Properties 1,472,580 NO MAP REQUIRED Federal Contribution 4,587,123 Total Funding: 65,207,409 9 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100632 Title:Park Infrastructure Replacement&Underdeveloped Park Improvements Status:Approved Category:Parks&Recreation Department:PARKS AND RECREATION Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed OP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 33,530,000 9,380,000 4,150'000 4,000,000 4,000,000 4,000,000 4,000,000 4,000,000 0 Description This project funds the design,construction and replacement of existing parks and recreation capital replacement backlog as well as implementing improvements and additions to underdeveloped park sites per the Parks Needs Assessment&Development Strategy which will be completed in January 2025.In FY 2025-26, projects include continued renovations at Redmill Park Restrooms,Munden Point Park Bank Stabilization,Mt.Trashmore Restroom Replacement and Park Shelter,Salem Village Park,and repaving the road,trails,and parking lots at PAAC. Additional improvements include park maintenance for safety,security,or accessibility as needed. Purpose T e current Tunaing mec anisms in p ace to a ress trie parZs—a—n-a recreation capita rep acement is insu icient.To make sign i icant gains in a ressing this backlog,additional funds are needed.In addition,underdeveloped park sites do not offer recreational opportunities for all ages and abilities.In many instances, a neighborhood park site will only consist of a small shelter and playground for children with nothing to offer teens,adults,or seniors.To enhance health and wellness opportunities throughout the parks system,funds to increase the availability of a variety of park amenities is needed. History and Current Status This project first appeared in the FY 2022-23 CIP as a new program and is based on the Parks Needs Assessment&Development Strategy,which was completed in January 2025.In FY 2025-26,$150,000 was added to this project for enhancements at Salem Village Park. Operating Budget Impacts Project Map Schedule of Activities Activities From-To Amount Design 07/27-06/31 6,000,000 Construction 07/27-06/31 27,530,000 Total Budgetary Cost Estimate: 33,530,000 Means of Financing Funding Subclass Amount Local Funding 33,530,000 Total Funding: 33,530,000 NO MAP REQUIRED 0 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100317 Title:Princess Anne Road Phase VII-A Status:Proposed Category:Roadways Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:2 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 218,763 218,763 0 0 0 0 0 0 17,321,070 Description This project is for the construction of safety improvements on Princess Anne Road from Seaboard Road to Sandbridge Road,including but not limited to, shoulder widening,drainage improvements,and utility relocations. Purpose is project w improve the sa ety o cyc fists and motorists a ong t is section of Princess Anne Roam History and Current Status This project first appeared in the FY 2013-14 CIP. Operating Budget-Impacts Project Map Schedule of Activities Project Activities From-To Amount ThreeDesign 12/24-06/33 1,295,438 Oaks Park Site Acquisition 07/32-06/33 406,000 Utility Adiustment 07/33-06/34 1,295,438 Construction 07/34-06/36 11,619,652 Contingencies 12/24-06/36 2,923,305 Total Budgetary Cost Estimate; 17,539,833 e� Means of Financing Funding Subclass Amount Local Funding 218,763 • 100317 Total Funding: 218,763 Np 1 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100203 Title:Heritage Building Maintenance II Status:Approved Category:Buildings&Assets Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 5,325,000 3,375,000 450,000 300,000 300,0001 300,0001 300,0001 300,0001 0 Description This project provides for maintenance needs for the City's heritage buildings:the Ferry Plantation House,Francis Land House,Lynnhaven House,Thoroughgood House,deWitt Cottage,Old Coast Guard Station,Whitehurst Buffington House,and any future qualifying acquisitions.A comprehensive analysis of each house was completed by the Department of Public Works in 2015,using a 2007 assessment completed by an architectural and engineering firm as a base for cost estimates.Examples of maintenance and repair work include:ADA improvements,chimney repainting and masonry repair,environmental monitoring,lightning protection,stair and landing repairs,window and roof repairs,concrete repairs,restroom upgrades,design and upgrades for the entry area to the Francis Land House,plaster repairs,moisture mitigation,electrical upgrades,fire suppression upgrades,drainage improvements,cemetery conservation,parking lot repairs, and other ongoing building maintenance needs.Funding is also provided for improvements to the second floor of the Francis Land House. Purpose e ity currenti[y-own-s-nistorical houses that are visite y t e pu ic.T ese ouses ave been acquired in various conditions.T is project un s t e i enti ie needs of these houses over the next six years to make noted repairs or provide necessary maintenance. History and Current Status This project first appeared in the FY 2018-19 CIP and is a continuation of project 3-103 Heritage Building Maintenance.In FY 2025-26, 150,000 was added to this project to support renovations of the Lynnhaven Cottage. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Design 07/18-06/31 24,000 Construction 07/18-06/31 5,277,000 Contingencies 07/18-06/31 24,000 Total Budgetary Cost Estimate: 5,325,000 Means of Financing Funding Subclass Amount Local Funding 5,325,000 Total Funding: 5,325,000 NO MAP REQUIRED z City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100651 Title:Critical Court Facility Safety and ADA Accessibility Status:Approved Category:Buildings&Assets Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:Rehabilitation/Replacement District:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 15,350,000 350,000 0 01 15,000,000 0 0 0 0 ScopeDescription and This project will study and design the Virginia Beach Courthouse(Building 10, 10A,&10B)to propose both intermediate and long-range modernization and recapitalization through a phased approach. The goal of the modernization study is to bring the current facility into the'21st Century'through a combination of space reconfiguration,information technology(IT)upgrades,parking area improvements,and landscape changes to improve court proceedings,reduce security vulnerabilities,and meet other modernization goals identified by stakeholders.The study will produce planning level cost estimates,and conceptual renderings, drawings,and/or written scopes.Following the design of the facility,cost estimates for construction will be reflected in this project. Purposed Constructea in 1 1,t e court Ouse is one o the most eavi y use ui ings in t e ity with over 1, visitors an sta using t e aci ity on t e ai y basis. As the building continues to age,various systems and fixtures have failed,and technologies and security threats have evolved. Proactive and well-planned steps are required to meet the existing space to meet needs. History and Current-Status- This project first appeared in FY 2023-24 CIP.In FY 2025-26,the title of this project was changed from"Court Modernization"to its current name to better reflect the scope of the project.Staring in the FY 2025-26 this project will be supported by the newly created Major Projects Fund. Operating Budget Project Map Schedule of Activities o' Project Activities From-To Amount +° 4'f•.W' Design 07/27-06/31 15,000,000 Study 07/23-11/25 350,000 s Total Budgetary Cost Estimate: 15,350,000 Means of Financing o�o'r Funding Subclass Amount Local Funding 15,350,000 cq H Of SS Total Funding: 15,350,000 •e �Pc t M� O,t OQ Sv K� ar a� ticc F as OpSN l N 3 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100667 Title:Rudee Loop Park Development status:Approved Category:Parks&Recreation Department:PARKS AND RECREATION Ranking:0 Project Type I Project Location Project Type:New Facility Construction/Expansion I District:5 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 50,000,000 10,000,000 40,000,000 01 0 0 01 0 Description This project will fund the planning,design,and construction of the approximately 8-acre assemblage of property located adjacent to Rudee Inlet into a vibrant and iconic park destination. In addition to the park space,a parking garage structure may be incorporated into the project and will be explored during the concept planning phase. Purpose and Need e ity Oesires to trans orm Ru ee Loop into a unique estination,provi ing an emphasis on open space that attracts resi ents anci visitors in a ition to supporting surfing,fishing and outdoor recreation.Through an extensive community engagement process,the residents strongly support the transformation of Rudee Loop into a world class park.The properties have been used as"ad hoc'space for many years and there is a strong desire to formalize the space into something special for residents of Virginia Beach. History and Current Status This CIP first appeared in the FY 2024-25 CIP after being established by City Council in FY 2023-24.In May 2022,a Request for Information and Ideas was issued with four responses received.During winter/spring of 2023,an extensive community engagement process was conducted to gather feedback from the four proposals as well as determining which elements would be most desired at Rudee Loop.In August of 2023,City Council directed Parks and Recreation to recommend a process for hiring a nationally known park design consultant team.This project is supported by Public Facility Revenue bonds and the debt service is to be repaid by the Tourism Investment Program. Operating ScheduleProject Map of Activities OO e_eMF' Project Activities From-To Amount Design 07/24-11/26 6,000,000 Construction 07/25-11/28 39,000,000 s Contingencies 07/25-11/28 5,000,000 0 a NOIIfO.k AVC Total Budgetary Cost Estimate: 50,000,000 Means of Financing ^ Z A 9 P Funding Subclass Amount lPW' VPGNP PVC` �NP PVC ( A Local Funding 50,000,000 A ^ • P O Total Funding: 50,000,000 QO 'O4 Ar 4 > Z O • f • i ,Q CR04T4N 4 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100157 Title:Economic Development Investment Program II Status:Approved Category:Economic&Tourism Development Department:PLANNING Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 18,585,147 12,075,696 1,045,986 1,218,227 1,145,133 1,076,425 1,011,840 1,011,840 0 ScopeDescription and This project supports and enhances the viability of the City's Economic Development Program and strategic plan.The program will leverage grant dollars,fund the provision of infrastructure,and fund other economic development initiatives as approved by the Virginia Beach Development Authority on a case-by-case basis. Purpose is project wi en ance and increase t e opportunity to attract a itional economic development tote ity. a capability to attract new businesses an assist in the expansion of existing businesses will return additional tax revenue and provide additional employment opportunities.This project allows the City to remain competitive with other localities which have flexible funding mechanisms for economic development projects. History and Current Status This project first appeared in the FY 2019-20 CIP and is a continuation of CIP 9-141 Economic Development Investment Program(On-Going). In the FY 2021-22 CIP,this project was shown as completed and funding was moved to the Operating Budget for the same purpose.In FY 2022-23 the project began to be reflected in the CIP again and(12)grants were awarded totaling over$4M.In FY 23-24 there were(4)grants awarded in totaling approximately$444K.In FY 2024-25, $737,487 was transferred from this project to project 100074"21st Century Enterprise Resource Planning."This Project is funded by a cigarette tax dedication of 16 cents per pack.In FY 2025-26,$250,000 was redirected to Economic Development's Operating Budget for Facade Improvement Grant opportunities for Atlantic Avenue businesses. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Implementation 07/19-06/31 18,585,147 Total Budgetary Cost Estimate; 18,585,147 Means of Financing Funding Subclass Amount Local Funding 0 Pay-As-You-Go Cigarette Tax 18,585,147 Total Funding: 18,585,147 NO MAP REQUIRED 5 CITY OF OFFICE OF THE CITY MANAGER VIRGINIA BEACH City Hall (Building 1) 2401 Courthouse Drive I Virginia Beach,VA 23456 May 2, 2025 The Honorable Robert "Bobby" M. Dyer, Mayor Members of the City Council Subject: FY 2025-26 City Administration Reconciliation Requests Mr. Mayor and Members of the City Council: In the five weeks since the presentation of the Proposed FY 2025-26 Resource Management Plan, several budgetary items have emerged that need to be incorporated into the upcoming budget through the Reconciliation process. Many of these items are the result of the Commonwealth's recently approved budget, as well as changes to federal grants, and other funding modifications that have come to staff's attention. To keep the May 6, 2025, Reconciliation workshop focused on City Council's recommended adjustments to the proposed budget, staff recommended changes are outlined within this document for your review and consideration. Some of the items incorporated below can be used as offsets for the balancing of the overall budget when combined with the City Council's Reconciliation changes. As always, staff will be available to answer any questions on these items if requested. Capital Improvement Program 1. Holland Road Phase I (Project #100564) — This project first appeared as funded in the FY 2024-25 Capital Improvement Program (CIP), with $16.8 million appropriated from the Commonwealth. During the initial budget development process for FY 2025-26, the Virginia Department of Transportation (VDOT) reallocated the majority of the $16.8 million from already appropriated to spread out across the six-year program. For this reason, the City Manager's Proposed Budget deauthorized $16.2 million of appropriated funds and reprogrammed the project to correspond with VDOT's schedule. VDOT has informed staff that the funding timing has once again shifted meaning that the City no longer needs to make this adjustment in its entirety. No changes to local funding will occur as a result of this action. 2. Independence Boulevard/Edwin Drive Intersection (Project #100482) — This project has been programmed to receive funding in FY 202S-26 and FY 2026-27 since the FY 2021-22 CIP through SMART SCALE funding from the Commonwealth.VDOT has informed staff that the timing of funding (757) 385-4242 1 cmoffice@vbgov.com manager.virginiabeach.gov Mayor and Members of City Council FY 2025-26 City Administration Reconciliation May 2, 2025 Page 2 has shifted and that the majority of revenue from SMART SCALE will not be received by the City until FY 2029-30. No changes to local funding will occur as a result of this action. 3. Ashville Park Drainage Improvements (Project #100022) — This$12 million flood protection project was shown as completed within the FY 2023-24 Capital Improvement Program. It was funded through three sources: the Stormwater Enterprise Fund ($9 million), a contribution from the Agricultural Reserve Program ($1.5 million), and a federal contribution from FEMA ($1.5 million). Through the final financial closeout, it was determined the federal revenue was not allocated to the project, but to the City's General Fund, several fiscal years ago, resulting in the funds lapsing to the fund balance of the General Fund. In accordance with best financial practices, a funding swap of $1.5 million from federal revenue to General Fund fund balance needs to occur prior to June 30, 2025. This action will have minimal impact on the City's fund balance percentage. Commonwealth of Virginia Budget Governor Youngkin is anticipated to sign the Commonwealth's FY 2025-26 Budget by May 2, 2025. Through this action, several state funded budget estimates need to be incorporated into the City's budget. It is likely that additional standalone items will be brought to the City Council in July and August once more details are known from individual state agencies, especially for the Department of Human Services. 4. The State budget includes $200,000 to support the cost of cancer screenings for public employees in Virginia Beach who responded to the 2012 Navy Jet Crash. These funds will be appropriated to the City's Risk Management Fund which is currently budgeted to support similar costs. 5. The City will act as a pass through for an additional $1,000,000 grant to the Virginia African American Cultural Center from the Virginia Department of Historic Resources. The $1 million will be used to initiate a larger fundraising campaign to cover the estimated $20 million construction costs. These funds will be appropriated to the Department of Cultural Affairs within the City's Grants Consolidated Fund. 6. The City will act as a pass through for $200,000 from the Virginia Department of Social Services for a multipurpose court for the Samaritan House for residents of the Hallow. The Hallow is the first trafficking youth shelter in Coastal Virginia and the sports court will provide enrichment for the youth, encouraging healthy physical and mental lifestyle choices.) These funds will be appropriated to the Department of Housing and Neighborhood Preservation within the City's Grant Consolidated Fund. City Hall (Building 1), 2401 Courthouse Drive I Virginia Beach,VA 23456 Mayor and Members of City Council FY 2025-26 City Administration Reconciliation May 2, 2025 Page 3 7. The State Compensation Board provides the City with a portion of the payroll costs for the five Constitutional Officers and their appointees. When the FY 2025-26 Budget was developed, initial estimates were primarily based off of FY 2024-25 budgets.Since that time, the Compensation Board has published their FY 2025-26 estimates for each locality.This additional anticipated revenue from the State Compensation Board allows General Fund resources to support other budgetary needs. Operating Budget 8. As the result of a position transfer within the Department of the Virginia Aquarium, one existing position, previously funded by the City's General Fund will be funded by the Aquarium Foundation. As a result of this action, revenue estimates within the department will increase by $65,579, allowing previous General Fund resources to support other budgetary needs. 9. In April 2025, the Department of Human Services was notified that a federal grant administered by the Virginia Department of Behavioral Health and Development Services, originally set to expire in 2026 was terminated in March 2025. As a result of this action, two vacant positions and $175,000 in budgeted FY 2025-26 federal revenue will be reduced from the budget.This funding was intended to enhance existing efforts provided by the Project for Assistance in Transitioning from Homelessness program. 10. In April 2025,the Department of Human Services was advised by the Virginia Department of Juvenile Justice that the Commonwealth will no longer be participating in the United States Department of Agriculture's food reimbursement program due the high administrative expense to participate in the program. The Juvenile Detention Center does not have the resources to assume that administrative burden, and as a result, the department's federal revenue budget will decrease $99,471. In addition, the department has been informed of an additional $284,300 in funding from the Commonwealth for the Juvenile Detention Center resulting from an increase in the per diem reimbursement amount. The difference between these two actions is a net of $184,829 in additional program revenue which will be used to fund an increase in maintenance to the detention center. 11. An opportunity to participate in an action sports festival in September 2026 has been presented to city staff. While the event will occur in FY 2026-27, preparations will be needed during the course of FY 202S-26. Funding to support the event will occur through existing appropriations within the Tourism Advertising Program Fund. A sponsorship agreement will be developed by the City Manager's Office and approved by the City Attorney. The event promoter will be responsible for reporting on the impact of the event, including attendance, and economic impact within 90 days of the event. City Hall (Building 1), 2401 Courthouse Drive I Virginia Beach,VA 23456 s� Mayor and Members of City Council FY 2025-26 City Administration Reconciliation May 2, 2025 Page 4 12. At the request of the Commonwealth's Attorney, one full time legal information clerk position shall be split into two part time positions, one legal information clerk and one paralegal. This follows an existing initiative within the department to increase hiring flexibility and is in response to increasing volume of paralegal tasks and growing demands of staff within the department. There is no anticipated change in budget for the department. 13. To improve staffing and scheduling, especially for the Department of Emergency Medical Services, City Code section 2-101 regarding the definition of full-time employment, shall be amended from 40 hours per week to a total of 2,080 hours or more in a calendar year. Should you have any additional questions or concerns prior to Tuesday, please contact me or the Director of Budget and Management Services, Kevin Chatellier. Sincerely, C__ � Patrick A. Duhaney City Manager City Hall (Building 1), 2401 Courthouse Drive I Virginia Beach,VA 23456 8 CITY COUNCIL LIAISON REPORTS ITEM#76988 3:54 P.M. Council Member Remick advised last Friday, the Dome had the grand opening and has had two(2)concerts this far. Council Member Remick congratulated the Body, staff, Venture Realty, contractors and investors for all of their work and support to reach this point. Council Member Remick advised a tremendous amount of time, effort and funding has been committed, investors have spent over$1-Million of their own cash and are still responsible for financing over $200 Million. Council Member Remick advised this is just one phase ofAtlantic Park with the opening of the Surf Park scheduled in July. Council Member Schulman agreed and expressed the venue is beautiful and advised representatives from Live Nation stated the Dome is the nicest facility they operate in the country. Council Member Schulman expressed he is impressed that an indoor/outdoor entertainment venue, seating between 3,500—5,000, was built for just a little more than the Sandler Center cost in 2014 and seats approximately 1,500. Mayor Dyer advised a tremendous amount of work goes into a project of this size over seven (7)years and is the largest Public-Private Partnership project in the history of City. Mayor Dyer expressed his appreciation to City Attorney Stiles and his team who handled the challenges with dignity and professionalism and Deputy City Manager Amanda Jarratt who was on the ground every day and pivotal in seeing the project through to completion.Mayor Dyer advised this is going to be the first of many things and will not only be a destination for tourists but also for residents. May 6, 2025 9 CITY COUNCIL DISCUSSION/INI77ATIVES/COMMENTS ITEM#76989 4:00 P.M. Council Member Ross-Hammond advised on Sunday, she attended the Dr. Dorothy Height Hats Off Scholarship Luncheon,hosted by the Virginia Beach Alumnae Chapter ofDelta Sigma Theta Sorority,where she was presented with an award for political awareness and community involvement. Council Member Ross-Hammond advised Dr.Height was a civil rights activist and was pleased to accept the award on behalf of women. Council Member Ross-Hammond advised she was also featured in the Virginia Town and Country magazine for women's history month where her interview can be read. May 6, 2025 10 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76990 (Continued) Council Member Remick advised even though he was out last week, he has heard from the Resort Advisory Commission (RAC)Members and stakeholders about the arrests and activity resulting from college beach weekend and will continue conversations with the Body and City Manager Duhaney on preventative steps to take next year. Council Member Remick also wanted to compliment the Police Department for their response. May 6, 2025 11 CITY COUNCIL DISCUSSIONIINITL4TIVES I COMMENTS ITEM#76991 (Continued) Council Member Rouse advised this month is Bike Month and the Active Transportation Advisory Committee(ATAQ has a couple events planned. The first is a clean-up on the London Bridge bike path on May 10'h from 9:00 A.M. to 1:00 P.M. and was organized by one of the High School Student Commissioners who is working with Lynnhaven River NOW on this effort. Council Member Rouse advised some of the best ideas have come from the High School Student Commissioners and encouraged high school students to apply as there are openings on several Appointive Agencies. Council Member Rouse advised Bike Month events have also been planned by the following elementary schools:Arrowhead John B. Dey, Providence, Cook and Three Oaks, as well as Great Neck Middle, and asked the viewing public to look for announcements coming home with students. May 6, 2025 12 CITY COUNCIL DISCUSSION/INITIATIVES I COMMENTS ITEM#76992 (Continued) Vice Mayor Wilson advised she is aware of concerns regarding the location of the new Law Enforcement Training Academy (LETA) and requested City Manager Duhaney provide the different sites that can be considered during the May 20rh Closed Session Meeting. City Manager Duhaney advised he will include the different sites staff is considering and will work with the City Real Estate Assessor to gather the specific property information. May 6, 2025 13 CITY COUNCIL DISCUSSION/INITL477VES/COMMENTS ITEM#76993 (Continued) Council Member Jackson-Green advised May 5 h — 91h is Teacher Appreciation Week and encouraged everyone who knows a teacher to reach out and express appreciation for them. Council Member Jackson- Green advised he has dropped off some items at a few of the schools to make sure they know they are appreciated. May 6, 2025 14 CITY COUNCIL DISCUSSION/INITL4 TIVES/COMMENTS ITEM#76994 (Continued) Mayor Dyer advised he recently toured the new Amazon facility and watched a brief demonstration and was very impressed to learn once Amazon's robotics fulfillment center is complete, it will have over 4,000 robots. Mayor Dyer was proud to share remarks made by Lindsay Winter, Head of Virginia Public Policy for Amazon, who complimented City leadership for the ease they had in working with City on this project. Mayor Dyer commended Deputy City Manager Amanda Jarratt and Planning Department Director Kathy Warren for their leadership and asked City Manager Duhaney to comment. City Manager Duhaney advised he is proud to see this project come to fruition after so much work over the past several years and believes it is the largest commercial project in the City. May 6, 2025 15 AGENDA REVIEW SESSION ITEM#76995 4.08 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCESIRESOL UTIONS 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 ofproperty in fee simple and temporary and permanent easements, either by agreement or condemnation re the 17`h 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 FIE re Human Services and 3.0 FTE re Emergency Medical Services May 6, 2025 16 AGENDA REVIEW SESSION ITEM#76995 (Continued) 10. Ordinance to TRANSFER $509,235 from the General Fund Reserve for Contingencies to the FY2024-25 Voter Registration Operating Budget refund the June primary elections K. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY May 6, 2025 17 ITEM#76996 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose.• LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(8). • RLUIPA PUBLICLY-HELD PROPERTY. Discussion or consideration of the acquisition of real property for public purpose;or of the disposition ofpublicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2- 3 711(A)(3). • District 5 • District 6 PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargainingposition or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(29) • 31 S`Street Park May 6, 2025 18 ITEM#76996 (Continued) Upon motion by Council Member Ross-Hammond, seconded by Council Member Jackson-Green, City Council voted to proceed into CLOSED SESSION at 4:10 P.M. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi Break 4:10 P.M. — 4:22 P.M. Closed Session 4:22 P.M. — 5:45 P.M. May 6, 2025 19 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MAY 6,2025 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, May 6, 2025, at 6:00 P.M. Council Members Present: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. `Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi—Arrived at 6:03 P.M. INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers May 6, 2025 20 and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a `personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. May 6, 2025 21 VI.F CERTIFICATION ITEM#76997 Upon motion Council Member Ross-Hammond, seconded by Council Member Remick, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Abstaining: Michael F. Berlucchi Council Members Absent: None May 6, 2025 �q`G1N1�;B��,6 Ok G� O. U } -4 i ' s Op OUR NI.��M RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#76996 on Page 18 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. PAIW& i Amanda arnes, MMC City Clerk May 6, 2025 22 ITEM— VI.G.1 MINUTES ITEM#76998 Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of April 15,2025 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse and Joashua F. "Joash" Schulman Council Members Abstaining: Rosemary Wilson Council Members Absent: None May 6, 2025 23 ITEM— VI.G.2 MINUTES ITEM#76999 Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of April 16,2025 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse and Joashua F. "Joash" Schulman Council Members Abstaining: Rosemary Wilson Council Members Absent: None May 6, 2025 24 ITEM— VI.G.3 MINUTES ITEM#76700 Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSIONS of April 22,2025 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Dr. Amelia N. Ross- Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Abstaining: Robert W "Worth"Remick Council Members Absent: None May 6, 2025 25 ITEM— VI.H.1 MAYOR'S PRESENTATIONS ITEM#76 701 PROCLAMA TION BIKE MONTH On behalf of City Council, Council Member Rouse welcomed Bryan Hickman, Chair — Active Transportation Advisory Committee and read the Proclamation declaring May 2025 as, "BIKEMONTH". Council Member Rouse called upon all citizens to celebrate National Bike Month and bike to school, work or to try cycling for fun,fitness, or transportation. Mr. Hickman expressed his appreciation to City Council for this recognition and their continued support. Mr.Hickman introduced a few of the past members and Chairs and shared a few of their accomplishments: Reese Lukei:A key figure in Virginia Beach's active transportation history, he was the first East Coast Greenway coordinator for Virginia and played a vital role in establishing significant trails and initiated the City's bikeways and trails planning over 40 years ago. Lillie Gilbert:Also involved in the initial planning efforts,Lillie is a noted author, historian, and accomplished paddler. She founded Wild River Outfitters and was instrumental in developing the region's Blueway's network. Fred Adams: The first Chair (2005-2006), who was a dedicated cyclist, environmental advocate as a North Landing Riverkeeper, and a leader in the Sierra Club. Bruce Drees:As the second Chair (2007-2013) and President of the Tidewater Bicycling Association, he spearheaded the adoption of the Complete Streets policy, significantly expanding the city's bikeway network. Walter Camp:Serving as acting Chair in 2020 and later as the fifth Chair(2021-2025), he was the driving force behind the development of the Virginia Beach Trail, securing substantial funding and expanding the Committee's scope to include students. May 6, 2025 V 1 4 OF DUR NAr� '� roc amation lf&f=. National Bike Wonth was esta6lished in 1956 to showcase the many benefits of 6icycling and to encourage more people of alrages to adopt a healthy,fun ha6it 6ygiving bicycling a try;and `Whereas: Over fifty years ago, in 1972, the young City of Virginia Beach esta6Czshed its first committee to explore the creation of safe bicycling routes for its residents andvisitors;and `W14ereas: Citizen volunteers have prayed critically important roles advocating, advising and working to achieve our city bikeways and trails;and Illereas: Earlier this year VOD7recommended$23,8911 in state and federaCSWA(USCALE funding for Phase IV of the Virginia Beach 7raiC, our signature bicycling and pedestrian path across the city;and `Wlurear. qhe Wonth of 9Kay is recognized as Bike Month and 9Kay 1516, is recognized as Bike to'Work Day;and 'Whereas: 2Tiroughout,NationaC Bike Wonth in Way, the residents and visitors of'Virginia Beach will experience the joys of bicycling through educationalprograms, biking to schooland work or 6y simply getting out andgoing for a ride in neigh6orhoods and on ourgrowing networkof safe routes, including the recently opened FoViire 7rad and newest addition, the 4hree Oaks Bath; and Whereas: Motorists shourdalways 6e mindfurof vulnera6Ce roadusers, includng bicycCists. Now, 2Tterefom I, W96ert 9K. `Bo66y" Dyer, Wayor of the City of Virginia Beach, 'Virginia, do hereby proclaim: Way 2025 Bike -Wonth In`[2irginia Beack and l encourage all citizens to cele6rate NationaCBike Month and bike to school'workor to try cycling for fun,fitness, or transportation. In"ness Wiereof,I have hereunto set my hand and caused the OfficiaCSearof the City of Virginia Beach, Virginia, to be affixed this sixth:Day of 911ay,Two Thousandand7wenty-Five. gZo6ert 9K. `Bo66y"Dyer Mayor 26 ITEM— VI.H.2 MAYOR'S PRESENTATIONS ITEM#76 702 PROCLAMATION MENTAL HEALTH A RARENESS MONTH On behalf of City Council, Council Member Hutcheson welcomed Susannah Uroski, Vice Chair, - Community Services Board and read the Proclamation declaring the declaring May 2025 as, "MENTAL HEALTH AWARENESS MONTH". Council Member Hutcheson called upon all citizens, government agencies,public and private institutions, businesses and schools in Virginia Beach commit to increasing awareness and understanding of mental health, as City Council strives to create communities within the City that support mental wellness by increasing access to treatment and providing education in communities about mental wellness and mental illness and supporting citizens as they seek to improve their mental health. Ms. Uroski expressed her appreciation to City Council for their support and the vital resources the City provides. Ms. Uroski shared the tragic loss of both her sister and daughter due to mental illness and believes many suffer, adding she feels privileged to be able to serve on the Community Services Board, as well as President of the National Alliance on Mental Illness. May 6, 2025 ��u'-$�c F OUR NASA A 3prodamatioll "*9rtas Jfentalhealth is essentialto every indivtduals overall health andwell=being;and 'Whereas: 4lFmdividuar4 face challenges in fife that can impact their mental health,•and 'Whereas: pears of social stigma andducriminatfon present many living with mental illness from seeking help; and 'Whereas The mentalhealth of every citizen is essential to the emotionafand economic prosperity of our families;neighborhoods;and businesses,-and %fWMas 9Kental illness affects people of affages,races;ethnicities,and income levels in'Virginia Beacfi,•and `Whereas Wental'health conditions are not-only common,but they are also treatable,andwith early and effective intervention those individuals with mentafheafth conditions can recoverandleadfulT productive lives;and `6 fwrras: Increasing the awareness of mental illness can reduce the stigma around mental illness thus reducing community fear,mistrust antiviolence against people with mental illness,who are significant y more liscy to be victims than perpetrators of violent crimes and Whereas Greater pu6&awareness.about mentafwellness can positively transform attitudes about,and towards people with mentalillness,making it easierfor our citizens to seekhelp;and "*ere"- Each business,school government agency,healthcare provider,organization andcitizen share the responsibility to promote mentafwellness andsupport prevention efforts. Now,4Se►efore I,�Rp6ert 9N. Bo66y°Dyer,94ayor of the City of Virginia.Beacfi,Virginia,do hereby proclaim: Way 2025 Wenta MeaCth.gwareness 9donth In`4hyirtia Beach, I call upon ad citizens, government agencies, public 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 aril mental'illness, and supporting our citizens as they seek to improve theirmentafhealth. In 'Witness 'Whereof, I have hereunto set my hand and caused the Official'Seal'of the City of Virginia Beach, Virginia, to be affixed this Sixth Day of 91fay,Two°Thousand and`I"wenty-Five. �Rybert 94. "Bob6y°:Dyer 9Kayor 27 ITEM— VI.H.3 MAYOR'S PRESENTATIONS ITEM#76 703 PROCLAMATION INTERNATIONAL ECONOMIC DEVELOPMENT WEEK On behalf of City Council,Mayor Dyer welcomed Director Christian Green and Deputy Directors,Natalie Guilmeus and Emily Archer—Economic Development and read the Proclamation declaring the week of May 11-17,2025 as, "INTERNATIONAL ECONOMICDEVELOPMENT WEEK". Mayor Dyer called upon all citizens to join City Council in recognizing this important week and in reminding everyone of the significance of this community celebration, which helps make Virginia Beach such a wonderful place to live. Mr. Green expressed his appreciation to City Council for their continuous support and this recognition. May 6, 2025 t'43IA'$F9c� OUR WIT' Proclamation W erw. More than 100,000 economic development or related professionals worldwide are committed to creating, retaining, and expanding top-tier opportunities that facilitate Long-term,equitable community growth;and %*ereas• The economic development profession cultivates thriving communities,boosts economic prosperity,enhances the quatity of fife, and 6uifds robust tax;bases through business investment;and 'W imas: Economic development professionals operate throughout diaerse economic environments, including rura6 su6ur6an, and urban settings; local state, provincial; and national governments; pubfi private partnerships; chambers of commerce; institutions of higher education; among many similar organizations and associations; and `Whereas Economic development professionals serve as stewards, bridging connections between community stakeholders such as residents, business leaders,efectedofficials,industry executives, andeducationafadministrations, to colla6orate in promoting job creation, community investment, infrastructure advancements,andan optimistic future;and Wfiemas: ,Since 1920, the International Economic Development Council has been a leader and driving force in advancing economic development initiatives, with a steadfast commitment to fostering growth and prosperity in communities of aft sizes worldwide through equity,inctusion,.sustainability,resilience, andinnovation;and Whereas: The'Virginia Beach Department of Economic Deveropment drives economic vitality and inclusive prosperity in the city 6y fostering the attraction and creation of new investment, innovation, andjo6s. Now,2Tteref m I,Wgbert M. "Bo66y"Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: Kay 11 through Way 17, 2025, as InterriationafEconomic{Development Week In'G'irginia Beach, I calf upon the good people of this City to join me in recognizing this important weekand in reminding everyone of the signzfiwnce of this community cerebration, which helps make Virginia Beach such a wonderfutpface to five. . In%Otness'here ,,I have hereunto set my hand and caused the.Offi'cialSeaf of the City of Virginia Beach, Virginia, to be affixed on this.Sioh(Day of May,Two gfiiousand and7wenty-rive. W96ert M. "Bob6y"Dyer Mayor 28 ITEM— VI.I PUBLIC HEARINGS ITEM#76 704 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED AMENDMENT TO THE CENTRAL BUSINESS DISTRICT-SOUTH TAX INCREMENT FINANCING ORDINANCE There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING May 6, 2025 29 ITEM— VI.2 PUBLIC HEARINGS ITEM#76 705 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATIONAND SALE OFEXCESS CITYPROPERTY Adjacent to 310 Winston Salem Avenue and property in Lake Rudee adjacent to 312 Winston Salem Avenue There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING May 6, 2025 30 ITEM— VI.3 PUBLIC HEARINGS ITEM#76 706 Mayor Dyer DECLARED a PUBLIC HEARING: CAFE FRANCHISE AGREEMENT Calabrese Management Group, Inc., IlaAlbie' Pizza re sidewalk cafe There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING May 6, 2025 31 ITEM— VI.4 PUBLIC HEARINGS ITEM#76 70 7 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED FRANCHISE AGREEMENTS a. 600 Block of 18"'Street and on Cypress Avenue between 19'h and 18'h Street to Old Beach Farmers Market b. In ViBe Park, at the corner of I e Street and Cypress Avenue, to Old Beach Art Market There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING May 6, 2025 32 ITEM— VI.J FORMAL SESSION AGENDA ITEM#76 708 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker, and they will be given a total of six(6)minutes to speak on all items. Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED,BY CONSENT,Agenda Items Ordinances K. 2, 3, 4, 5, 6, 7, 8, 9 and 10 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None K. ORDINANCES I RESOL UTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY May 6, 2025 33 ITEM— VI.K.1 ORDINANCES/RESOL UTIONS ITEM#77009 The following registered to speak.- John Zirkle, 233 Bridge Landing Court, Phone: 348-4844, spoke in SUPPORT Ken Sutton, 1401 White Blaze Court, Phone:286-2448, did not respond Kate Loring, 244 City Central Court, Phone: 619-4093, spoke in OPPOSITION Bernita Richardson, 5352 Garnett Pointe Court, Phone: 535-3343, did not respond Henderson Vaughan, 865 Point Way, Phone: 630-9745, spoke in OPPOSITION JaPharii Jones spoke in OPPOSITION Martha Thereault, 4311 Blackbeard Road, Phone: 278-2808, spoke in OPPOSITION Suzanne Richmond, 422 New London Place, Phone: 748-7672, spoke in OPPOSITION Carlos Pagan, 5408 Wallingford Arch, Phone: 771-3931, spoke in OPPOSITION Tangela Green, 5324 Beaufain Boulevard, Phone: 389-6072, spoke in OPPOSITION Susan Loesberg, 1177 Starr Way, Phone: 641-3210, spoke in OPPOSITION Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in OPPOSITION Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in OPPOSITION Ella Dunbar, 2349 Poyner Lane, Phone: 463-9861, spoke in OPPOSITION Georgia Allen, 4649 Merrimac Lane, Phone: 405-6240, spoke in OPPOSITION Dr. Alice Twining, 1272 Belvoir Lane, Phone: 679-2950, spoke in OPPOSITION Upon motion by Vice Mayor Wilson, seconded by Council Member Cummings, City Council ADOPTED 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" Voting: 7-4 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, Cal "Cash"Jackson-Green,Dr.Amelia N.Ross-Hammond and Rosemary Wilson Council Members Voting Nay: David Hutcheson, Robert W. "Worth" Remick, Jennifer Rouse and Joashua F. "Joash"Schulman Council Members Absent: None May 6, 2025 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 6 t h day 89 of May , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O ice CA16867 R-1 April 2, 2025 3 34 ITEM— VIIL2 ORDINANCES I RESOL UTIONS ITEM#77010 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple and temporary and permanent easements, either by agreement or condemnation re the 17`' Street Improvements Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 6, 2025 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 a CONDEMNATION, REFLECTING AREAS 9 CHANGED SINCE PREVIOUS AUTHORITY 10 WAS GRANTED 11 12 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 3779E approving 19 the major design features and authorizing the acquisition of property and easements by 20 agreement or condemnation for the 17th Street Improvements Phase I Pacific Avenue to 21 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 3779E 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 sec.., Sections 33.2-1007, et sew., 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 6 t h day of 53 May , 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 P�JBLIC WOR /REAL ESTATE CITY A ORNE 35 ITEM— VI.K3 ORDINANCES/RESOL UTIONS ITEM#77011 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, 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) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 6, 2025 1 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 h t h day of 32 May___ , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P blic Wor�Ieal Estate City Attorney CA16709 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs1d023\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 36 ITEM— VI.K.4 ORDINANCES I RESOL UTIONS ITEM#77012 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to DISSOLVE the 2040 Vision to Action Community Coalition Commission (Requested by City Council) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 6, 2025 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 6 th day of 7 May 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16875 R-1 April 10, 2025 37 ITEM— VI K.5 ORDINANCES I RESOL UTIONS ITEM#77013 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Sections 5-301 through 5-304 re pet licensing Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 6, 2025 I 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 #kit4uns 23 by 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 issue, ; a two-year license 35 tag shall be valid for up to twenty-four (24) months from the date of issue, „Gt0 36 ex6eed the duFati tion; and a three-year license tag 37 shall be valid for up to thirty-six(36)months, 38 . The vaccination reyured_by City Code_§ 5-200 shalt remain 39 current during the period _that a license tag is valid, unless th 40 applies. e eXceGtion ink 5-200(a1 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 in GORjURGN9R with the rwFmAt GeFtifi . 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 either4ye4" 82 tWORty(20) Gats, annually.....$35.00 83 (5) Kennel of twenty-one (21) or more dogs, cats or combination of either_" 84 , annually.....$50.00 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 eF-sa#eyf 88 shall pay the kennel of-sa#"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 Battery and that is housed within the kennel 91 Of-catteyr. 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 99 100 101 102 date Of F86id6RGe 9F dat 9 a6 rampaFed to the date of Fabie6xpifat♦on. 103 104 tiseRse fR-A- Shall ba d-e-te--F-mined based upon the amount aT maim;g-befom 105 106 (1) Twenty;ye (2` 5) 107 108 but less than 109YaGG ' 110 111 112 113 114 115 , 20 116 117 expiFatien of the rabies oeFtifiGate. Q 1 1, , ated fee6 shall be imposed only OR 118 P9FtiGR6 of yeam, 119 120 121 122 • 123 124 • 125 126 127 (e) !) 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 carrying 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 (322 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 M_When a preyiggs license has ex,, ired. 149 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6 t h day of _ Ma_y , 2025. APPROVED AS TO CONTENT: t,epart S TO ONTENT: Trees +"-4- ffice Polient APPROVED AS TO LEGAL SUFFICIENCY: City Attor ey's Office CA16776 R-1 April 4, 2025 38 ITEM— VI.K.6 ORDINANCES I RESOL UTIONS ITEM#77014 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Resolution re ISSUANCE of Educational Facilities Revenue Bond by the Development Authority not to exceed$10-Million re Virginia Wesleyan University Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 6, 2025 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, onMay =kith , 61 2025. APPROVED AS TO CONTENT* APPROVED AS TO LEGAL SUFFICIENCY: Aconomic Development City Attorney CA16719 Nbgov.comWfs 1\applicationslcitylawkycom321wpdocs1d0171p051101041061.d= R-1 April 24, 2025 2 39 ITEM— VI K.7 ORDINANCES/RESOLUTIONS ITEM#77015 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BYCONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City- owned 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 Voting: I1 -0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 6, 2025 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 6th 52 day of May , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 0 U V P BL C WORKS / REAL ESTATE CI ATTORNEY CA16555 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d021\p054\01041359.docx R-2 April 21, 2025 EXHIBIT A MOURE JRLT ENCROACHMENT EXHIBIT N - LOT 102A MLW �-9,� NOW OR FORMERLY RESERVED BOAT BASIN 100 �r W E BRADLEY T. & NOW OR FORMERLY I 09,1,g1 CYNTHIA HILTZ CITY OF VIRGINIA BEACH GPIN: 1497-58-3226 INST:20130228000236910 F6e 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 GPIN: 1497-58-3127 9 INST:202303046153 0%/ 1 REMOVE Op EX. PILES EX.PIER,BKHD &RIPRAP pF S 86'S3?r E REMOVE OF BARCO 46.50' pF 6 EX. PIER 16 &(2)44 EX.BKHD I LOT 106 LOT 105 o NOW OR FORMERLY NOW OR FORMERLY BAILEY&AMY BARCO MOURE JOINT REVOCABLE w GPIN: 1497-58-5142 LIVING TRUST — INST:20170601000458850 GPIN: 1497-58-4027 b INST:220011 1 330000324920 i �t N L T H 0,F 0 � zm0 :E N ZOm0 I 2 STY.BR&FR O Z_ o � D o P ,rz712 SEAN E. GREEN D A (p � 3 0 N Lic. No. 0402064005 moo � � o l0 Ln m -c o I �F N IZ SS/4NAL ECG R=50.00' L igitally signed by Green 50.00' L=32.18' Sea JPFN 86'S3'21'W PF R=50.00' -stonegreen s ling gmail.com, L=27.88' G=S - r -c=US 140.00'ToSHEPHERDS QUARTER Date:2 ` 6-05'00' 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 02024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B.44, PG. 18 JUNE 6, 2024 PAGE 1 OF 2 N MOURE JRLT ENCROACHMENT EXHIBIT - LOT 102A MLW It", LOT NOW OR FORMERLY RESERVED BOAT BASIN P 06'10' W E BRADLEY T.& NOW OR FORMERLY CYNTHIA HILTZ CITY OF VIRGINIA BEACH GPIN: 1497-58-3226 INST:20130228000236910 S INST:20140625000570280 � w M.B.44 PG. 18 ,y'L1 d 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 pj EX.PIER,BKHD �h 1Q &RIPRAP OF BARCO PF F-44�6tl— PF 6'53' 1'E SQUARE FOOTAGE TABLE EX.BKHD ITEM LOT 105 CVB PROPERTY TOTAL LOT 105 c PIER 18 555 573 —� NOW OR FORMERLY MOURE JOINT REVOCABLE w BOAT LIFT 0 156 156 LIVING TRUST `= GPIN: 1497-58-4027 LOT 106 INST•201 10330000324920 NOW OR FORMERLY Z $ / -- -___ BAILEY&AMY BARCO O O I`^ -- - _- GPIN: 1497-58-5142 N Z Z 0 r INST:2017060100045885 N r- O O 2 STY.BR&FR LTH w '0 -n -i #2712 �-�' OF W Ln;0 � wD � m � o o fir; hiLn 0 �ZR, o I p Z `n ° o I SFAN E. GREEN y N IZ �lly signed by S Green No. 0402064005-Sean E- negreenc s 1 i.co R-50.00' CiSe gn,SN=Cr,"q,C L Date:2C2 3.075-32.18' 9=- 50.00' PF WP R-50.00' �� 1 F L-27 88' FS S/O N A L 140.00'TO ECG\SHEPHERDS QUARTER CHESOPEIANTRAIL 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 2712 SHEPHERDS QUARTER (330)400-3811 COA: 0407008328 LOT 105, SECTION 3, CHESOPEIAN COLONY UP 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 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 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 us By: yt L_ Marina I. Moure, rustee STATE OF j(,j'jatA CITY/COUNTY OF aan to-wit: The foregoing instrument was acknowledged before me this _1"' day of 20_5, by Gustavo E. Moure, Trustee of THE MOURE JOINT REVOCABLE LIVING TRUST. (SEAL) Notary Public Notary Registration Number: �3oS(IOSIA ••.••'"""'�•.,, My Commission Expires: a I3a ia7 �SPH Q My Cn�"ff'�.Exp�� :Z Vl l� • STATE OF 8056039 2 CITY/COUNTY OF I I ch to-wit: •,�o�' � �� p N.......••'' F�� •��WEALTNO�•� The foregoing instrument was acknowledged before me this day of �+ , 206 , by Marina I. Moure, Trustee of THE MOURE JOINT REVOCABLE LIVING TRUST. �— (SEAL) Notary Registration Number: '60 LP03' Notary Public My Commission Expires: 3o Ids �•.!?p AH�F�•.� % Q 1•My Cgen.spins M �Z 8056039 2 A4'`%w EAR o••. 8 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUB IC WOkKV REAL ESTATE DANA R. HARMEYER DEPUTY CITY ATTORNEY 9 MOURE JRLT ENCROACHMENT EXHIBIT N - \ LOT 102A MLW M'9i1i� NOW OR FORMERLY RESERVED BOAT BASIN �iC�O �01- W E BRADLEY T.& NOW OR FORMERLY OG� '9A"iti9� 7 CYNTHIA HILTZ CITY OF VIRGINIA BEACH N GPIN: 1497-58-3226 INST:20130228000236910 Fee S INST:20140625000570280 M.B.44 PG. 18 EX.RAILROAD l/ TIE BKHDLOT 103A / NOW OR FORMERLY S 38°00'00'E / 15.00' ALEXANDER H.& �� y KATHERINE K.BELL PF 6' GPIN: 1497-58-3127 1°� REMOVE INST:202303046153 ppQ EX. PILES EX.PIER,BKHD �ti tiQ &RIPRAP �� OF SARCO PF S 86°53'21"E REMOVE 46.50' PF 6 EX.PIER 16 &(2)4x4 EX.BKHD LOT 106 LOT 105 o NOW OR FORMERLY NOW OR FORMERLY BAILEY&AMY BARCO MOURE JOINT REVOCABLE GPIN: 1497-58-5142 LIVING TRUST w INST:20170601000458850 GPIN: 1497-58-4027 b INST:20110 330000324920 I �t N L T H 0�. 0 — Z O r-0500 2 STY.BR b FR ? N +� !- W 'D T � T -1 #2712 SEAN E. GREENrn y o > o o ALic. No. 0402064005 w m V 0 Z ;0 o N I Z I FSSIO N A L.-�G\� I R=50.00' L i itall i g y signed by _ Green L=32.18' Sea 50.00' R=50.00' =stonegreen s ling gmail.com,_ PF N 86°53'21"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 02024 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 %" 1 RESERVED BOAT BASIN NOW OR FORMERLY NOW OR FORMERLY OA� C,9� W E BRADLEY T. & ae 9� CYNTHIA HILTZ CITY OF VIRGINIA BEACH GPIN: 1497-58-3226 INST:20130228000236910 3, col w ti S INST:20140625000570280 / z 00' M.B.44 PG. 18 ' �13 EX.RAILROAD PROPOSED L-HEAD TIE BKHD / ti PIER WITH A FOUR \ LOT 103A S 38'00'00'E tit PILE BOAT LIFT NOW OR FORMERLY 15.00' ALEXANDER H.& KATHERINE K. BELL PF GPIN: 1497-58-3127 INST:202303046153 p0 �O/ 9, EX.PIER,BKHD c�L �k &RIPRAP ��' OF BARCO PF S 86'53'2 I"E 46.50' PF SQUARE FOOTAGE TABLE EX.BKHD ITEM LOT 105 CVB PROPERTY TOTAL LOT 105 o PIER 18 555 573 Tt NOW OR FORMERLY BOAT LIFT 0 156 - MOURE JOINT REVOCABLE �? 156 LIVING TRUST `= GPIN: 1497-58-4027 I� LOT 106 INST:201 10330000324920 NOW OR FORMERLY n o BAILEY&AMY BARCO N G) � �o GPIN: 1497-58-5142 -a 2 m O � INST:2017060100045885 o -- ZOO '— 2 STY.BR&FR LTH W -nD -n _O #2712 ��N OFL W m Z 0 OwcooZDm o o � powy7� m o Z Ln ofIli 0 m o I vo SEAN E. GREEN n N z ally signed by S Green No. 0402064005 � n sani cc) nrre`eneI ad. o R=50.00' CiSean,SN=Green,C= L Date: 171759 =3 50.00' R50.00' FSS/ONAL -PF N 86'53'2 ' L=27.88' 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 (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 40 ITEM— 1/7K.8 ORDINANCES/RESOL UTIONS ITEM#77016 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, 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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 6, 2025 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 6th 52 day of May , 2025. CA16597 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 `` �' (MB 196,P THE COMPILATION OF DEEDS AND PLATS SHOWN NREON AND DOES NOT 0 AGE 3) CONSTITUTE A BOUNDARY SURVEY. 7So, 0� , ��;o \ol o.)SCALE: 1" = 60' 2 LAKE WESLEY PROPOSED NEW PIER V S�`. ��$ �� (ME 26, PG 57) REF 024-WTRA-00071 a^oe 6.9�y �7= , -v 1, Z GPIN 24272061080000 A PROPOSED FLOATING PIE ,P.T.WD FRAMING. �8 obi 0� .6 PIERS, PILINGS AND DECKING.FOA"JLLED HDPE FLOATS. GALV STEEL FASTENERSAb),(TYPIC , 5, A) r \\ p >�S 374, EXISTING FNtER TO BE REMOVED .:Q) 29 — S 63-22-03"W 42.98' EXISTING BULKH AD TO BE REM ED PROPOSED NE BULKHEAD REF. 20 -WTRA-00071 (VINYL HEET PILING) FY p p 5'S9,0 LTH OF ^rn 0' a'A P ��' i �' �• s :� 9 O JAMES S. GEORGO D 9p ,'' Lic.No.023833 F ^' 03-26-2025 �Q- �/T C/L 10'WIDE CIT. OA' �� Q� ` �• STORMWATER /� S G� f�OS2sy� ;! EASMENT EXHIBIT 11!'11' S�ONAL E� ��0 F A'pF�� m9ssR FLOATING PIER AND a000 � BOAT LIFT ENCROACHMENT � e, � 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 -Civil and Stm,tur,l Eng—nng 1540&rrd--Pl— Env Permitting N-f,lk.Virgmia 23509 SHEET: 1 OF 1 Hydn,graphic Surveying role (757)461-6336 -Mapping Sen ices F-(757)461-1803 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 20aS, 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, married, THEIR HEIRS, ASSIGNS AND SUCC ESSORS 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) I 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 c CITY/COUNTY OF U0 C to-wit: The foregoing instrument was acknowledged before me this >6 day of ffi2n 2025_, by Erin Gatling. Lu (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (,p I ?(� IWOO HH 0 NOISSInnoo AW AA01031NOSIrnr STATE OF i CITY/COUNTY OF S_ l('�� to-wit: The foregoing instrument was acknowledged before me this 3� day of 2025, by Casey Schilling. kD�� I (SEAL) Notary Public My Notary Registration Number: H 14 iA-3 L{ Op 1 ;:•� ALLISON IEDIOW My Commission Expires: tv��;9/1'� +;, MrcOM MISSION#HH643481 EXPIRES:June 21,2029 APPROVED AS TO CONTENTS MHARMEYER77— DEPUTY PUBLIC WORKS — REAL ESTATE CITY ATTORNEY .....�.a.....°rawra.h.,...+,...s.,.w.�..w,....a.r..�n+•..a......+a.,....,rwn......,.weanan.. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH (MB 196, THE COMPILATION OF DEEDS AND PLATS SHOWN I'IF�REON AND DOES NOT �` �� —Z PAGE 3) CONSTITUTE A BOUNDARY SURVEY. O �` SCALE: 1" = 60' LAKE WESLEY PROPOSED NEW PIER y �o �� .y �� 2 (MB 2& Pr; 57) REF. 024-WTRA-00071 3^ 6S 9i� �"� y 9� 2�GPIN 24 7 061080000 81 �0 PROPOSED FLOATING PIE , P.T.WD FRAMING, o; 0' � PIERS, .6^.\ PILINGS AND DECKING.FOAM-FALLED HDPE FLOATS. GALV STEEL FASTENERS(TYPICAL-k •q' M EXISTING NER TO BE REMOVED S 63-22'03"W 42.98' EXISTING BULKH AD TO BE REM ED PROPOSED NE BULKHEAD / / S.3, �94� REF. 20 -WTRA-00071 (VINYL HEET PILING) 8 IFS 0 0 5S ,o o PLTH OF ss pF0 ti v 9B6o A��F O JAMES S.GEORGO D¢ ; She Lic.No.023833 CO `s0 js0 F 03-26-2025 �Q C/L 10'WIDE CITY 0�1 �j• STORMWATER /� FSS� -NG�� f� EXHIBIT 6S�S��S)� EASMENT 1 A'.' ONAL e FLOATING PIER AND e00'-10oF 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 C-1 and strucmraI Eng—ring 1,40&,dean.pia E—mnmenlal Permitting Wrf,lk,Virginia 23509 SHEET: 1 OF 1 Hydrographic snr.eyLng T,,k (757)461-6336 -Mappmgti—.rr, Fa.(757)4611903 41 ITEM— VIX 9 ORDINANCES I RESOL UTIONS ITEM#77017 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATEfunds 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 FIE re Human Services and 3.0 FTE re Emergency Medical Services Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 6, 2025 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 6th day of May , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B Jdget and Managemen Services ity Aftorney's Office CA16878/ R-1 /April 23, 2025 42 ITEM— VI X 10 ORDINANCES/RESOLUTIONS ITEM#77018 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $509,235 from the General Fund Reserve for Contingencies to the FY2024-25 Voter Registration Operating Budget refund the June primary elections Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 6, 2025 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 6 t h day of May 2025. APPROVED AS TO CONTENT: APP VED AS TO LEGAL SUFFICIENCY: B dget and Management Services ity ttorney's Office CA16876 R-1 April 23, 2025 43 ITEM— VII.L APPOINTMENTS ITEM#77019 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM HEALTH SERVICES AD VISOR Y BOARD HOUSING ADVISORYBOARD INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD PERSONNEL BOARD RESORT ADVISORY COMMISSION SOCIAL SER VICES AD VISOR Y BOARD VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH VA250 COMMITTEE May 6, 2025 44 ITEM— VI.L APPOINTMENTS ITEM#77020 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: WILLIAM PRINCE Three year term 51612025—413012028 BAYFRONT ADVISORY COMMISSION Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 6, 2025 45 ITEM— VI.L APPOINTMENTS ITEM#77021 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: ROSALIND VAUGHAN Unexpired thru 313112028 HUMAN RIGHTS COMMISSION Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 6, 2025 46 ITEM— VI.L APPOINTMENTS ITEM#77022 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: GRACE PEAR And REAPPOINTED: OLGA TORRES Two year term 61112025—513112 02 7 MINORITYBUSINESS COUNCIL Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 6, 2025 47 ITEM— VI.L APPOINTMENTS ITEM#77023 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: HEATHER MALABY Unexpired thru 1013112025 Plus three year term 111112025—1013112028 OPEN SPACE ADVISOR Y COMMITTEE Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None May 6, 2025 48 ADJOURNMENT ITEM#77024 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7.38 P.M. Ter—r-,=7ielius Chief Deputy City Clerk Amanda Barnes, MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia May 6, 2025 49 OPEN DIALOGUE The following registered to speak.- Melissa Asaro, 2089 Agecroft Road, Phone: 288-2601, expressed concerns of violence and illegal activity within a Short Term Rental next to her home in the Red Mill Farms North neighborhood Brian Newport, 2109 Agecroft Road, Phone: 576-4736, expressed concerns of violence and having interactions with armed individuals at the same Short Term Rental in the Red Mill Farms North neighborhood Matt Barcus, 2155 Hedgelawn Way, Phone: 270-2568, expressed concerns with a Short Term Rental in the Red Mill Farms North neighborhood Easter Grizzel, 301 Gambrill Court, Phone: 805-3336, expressed concerns with vehicles speeding through Kempsville neighborhood Chane Hill, 3538 Dublin Court, Phone: 977-6281, explained her brother Rolin Hill had a mental illness when he was killed in the City jail and asked what is being done to prevent another similar incident Korey Hill, 3538 Dublin Court, Phone: 977-6281, explained her brother Rolin Hill had a mental illness when he was killed in the City jail and asked what is being done to prevent another similar incident JaPharii Jones expressed his support for a regional mental health hospital Mike Hayes did not respond Greg Whitaker, 5304 Warminster Drive, Phone: 240-888-4993, expressed concern that he has not received any response to property erosion complaints and requested City Council assist in addressing erosion causing his property to flood Carl Wright, 1144 Mondrian Loop, Phone:235-5596, criticized Council Member Jackson-Green for calling out people in the audience during the meeting Vic Nicholls did not respond ADJOURNED AT 8:05 P.M. May 6, 2025