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JULY 1, 2025 FORMAL SESSION MINUTES
lNv+'BEq 4 PC'!' m U �S 8$g8t.&4s/u4� 0 Or OUR%A110N`' VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia JULY1,2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,July 1, 2025, at 1:00 P.M. Council Members Present: Michael F.Berlucchi,Stacy Cummings,Mayor Robert M.Dyer,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: Barbara M. Henley—Arrived at 1:08 P.M. 2 ADD ON ITEM#77301 Mayor Dyer requested City Attorney Stiles to provide a brief update on yesterday's Circuit Court decision regarding the Branch et al v. City of Virginia Beach hearing. City Attorney Stiles provided a brief background of the case in which the Branch plaintiffs challenged the redistricting Ordinance adopted by this City Council in the fall of 2023, which embedded the 10-1 voting system as previously ordered by Federal District Court. City Attorney Stiles explained the Branch plaintiffs contend that the redistricting Ordinance was invalid by virtue of Dillon's Rule and the City was not entitled to eliminate the three (3) At-Large seats that remain after House Bill 2198 changed the City Charter in 2021. City Attorney Stiles advised the Circuit Court granted summary judgement in favor of the plaintiff, concluding the City did not have the authority to eliminate the three (3)At-Large seats and has deferred any action on the case until after the Referendum in November. City Attorney Stiles advised the Circuit Court also concluded the City Council elections held in 2022 and 2024 are valid, however, unless the Charter is changed, it would be the Circuit Court's view that the City would have to revert to the 7-3-1 voting system. City Attorney Stiles further advised the Federal District Court judge has reopened the former Holloway case and maintains a firm belief that the 10-1 voting system is the only system that is permissible under federal law. City Attorney Stiles advised he will discuss possible next steps with City Council in a Closed Session and will advise the public as events develop. July 1, 2025 3 CITY COUNCILS BRIEFINGS RESET,INC. OVERVIEW AND SERVICES OFFERED ITEM#77302 1:04 P.M. Mayor Dyer welcomed Sabrina Davis, Director—RESET Inc. Ms. Davis expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Davis for the presentation. July 1, 2025 ,r. r r � f ESET INC \4 • Building Resilient Communities - - Through Service, Partnership, and g p � Innovation f f RESET INC Restructuring Education, Social Development, and Economics Together By: Sabrina Davis, Founder & Executive Director L Our Vision To create self-sufficient and thriving communities. ,ram Our Approach r Holistic development through education, social programs, and economic empowerment. k� WHO WE ARE map- Established July 2023 in Chesapeake, VA SA J ` Leadership A Black, Indigenous, and People of Color-led nonprofit 'P a Mission Uplift L L underserved communities RESET INC Restructuring Education, Soc Motto N and Economics Together www.resetvirginia.or9 "Your . . • collaboration, ... - 757.362.1157 $RESETVAINC III' i OUR CORE SERVICES . . RESET INC Programs Include: r i - Youth Outreach & Tutoring Community Outreach & Engagement minim.w AX o Annual Back-to-School Event _ Thanksgiving Basket Distribution .� 24/7 Pantry/Thanksgiving Day Community Feeding n Annual Christmas Brunch & Toy Distribution �-�� -- a. EXPANDED SUPPORT K SOW SERVICES x V 2417 Food Pantry Homeless Stabilization Services/Access to Showers Weekly Diaper Distribution Job Training & Resume Building t 4v Supportive Services for Local Community Partners r x:c I. OUR VALUED PARTNERSHIPS SEVA Food Bank USDA Hampton Roads Operation Diaper Bank Warmth Toys for Tots CO Sentara Healthplans osir 77 y t •Sc... +` ... a e Meet Our Founder - Sabrina Davis Founder & Executive Director of RESET INC Education & Professional Background: A passionate community leader dedicated to restoring hope in Hampton •CNA Certificate — Bon Secours Nursing School Roads. •Associate's Degree— Business Administration, Strayer University Her Journey: • Bachelor's Degree—Champlain College, Vermont ,r • MBA in Executive Leadership — Liberty University • Raised in Hampton Roads as a military dependent • Finance professional for USCG Federal agency • Lifelong participant in local community programs •CEO of S&E Tax Pros and Agape Care •Grew up in a faith-filled home where education and service were essential Community Commitment: • Member of professional organizations in VA& NC •Active member at Mount Gilead Missionary Baptist Church • Survivor of life's challenges, using her journey to inspire others RESET INC was born in 2023 out of her vision to uplift her community. In August 2023, it became a fully registered 501(c)(3) nonprofit with overwhelming local support. ,r WHY RESET INC MATTERS? r +' Direct Impact f L, Directly addresses food insecurity, youth development, and . t economic challenges f�• • Community-Centered Community-centered and culturally grounded OAV Trusted & Reliable O Proven trust and reliability within Hampton Roads R OUR IMPACT SO FAR (2023-2024) :... . 14 4 380 , 000+ lbs 15 , 000+ Food Distributed Individuals Impacted t ' 'RAM Strong presence across Chesapeake, Virginia Beach, , Norfolk & Portsmouth `r R � ` Active social media following and growing demand O Q POPULATION BREAKDOWN Portsmouth 10% Norfolk 15% IChesapeake 42% s e Virginia Beach 33% Chesapeake Virginia Beach Norfolk , Portsmouth „ „ I OUR 2417 FOOD PANTRY - Y A VITAL RESOURCE Eliminates Hunger Eliminates hunger by up to 11-15% r. Emergency Access Emergency food access beyond traditional hours +� � . Promotes Health Fresh produce for better health Reduces Homelessness-Related Hunger ` t Reduces homelessness-related hunger `s "" wa _ 10S --_ Builds Community Trust with Virgini and within North Carolina Builds community trust and reduces crime 1k, f t 4� H INNOVATION & COMMUNITY VALUE Community-First Design Agile Response Community-first design and services Agile response to emerging needs i Trusted Partner Leadership in Resilience Trusted partner to individuals and local businesses Positioned as a leader in community resilience GROWTH STRATEGY lllllllllllllllllllliiiiiiil Expand into new cities across Virginia T� _. Develop partnerships with 4 _. local/state governments Ito Utilize feedback for improved service delivery Build a model of community self- sufficiency ',� . fundmi . . RESET INC 24 hour WHAT WE NEED FROM YOU . . . pantry vehicle Support to acquire a Refrigerated Box Truck & UWE MOM Mobile Trailer COMMERCIAL VEHICLE FUNDRAISER To scale food pickups &deliveries RESET INC City funding, grants, or partnership programs �w Endorsement to help us reach more residents Space and policy support for pantry expansion Donate now! r47.";Vl El `P . . . . lm WHY PARTNER WITH RESET INC? Fills essential service Ready to collaborate and gaps with flexibility scale Community impact is Proven leadership and measurable and growing accountability MW_ AL Vibe �. CONTACT US SABRINA DAVIS 0 757-362-1157 =: www.resetvir ing ia.org ® sabrinadavis@resetvirginia.or� © CASH APP: $RESETVAINC Zelle: 757-362-1157 4 CITY COUNCILS BRIEFINGS RESIDENT PARKING AT THE OCEANFRONT UPDATE ITEM#77303 1:33 P.M. Mayor Dyer welcomed LJ Hansen, Director -Public Works. Mr. Hansen expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. Hansen for the presentation. July 1, 2025 y e _ 7ftNMP"ICIPAL WT R Code NWRLY OVERr. � _ with Mate Numasr � � '" � _ 52/Hour ❑ �� . ��� . LPT CLOSES ni+2 W TOWING[NFONCEDM •� -, iryinuaeac�.9w twner Srtrvica SP4-SS39G49 ✓v„�; �. Perki�q ��U, � Me�w9rtmml Resident Parking at the Oceanfront - Update LJ Hansen, Director of Public Works July 1, 2025 CITY OF VIRGINIA ,. � BEACH - 1 I 1 1. Background 2. Free or Discounted Residential Parking Considerations • Technical Issues Agenda • Impacts to Parking Fund I • Limitations & Concerns 3. Potential Scenario 4. Discussion Background • Staff delivered a presentation on the Parking Fund to City Council on Feb 18t", 2025. • Staff were asked to investigate the potential for free or discounted parking in the Resort Area for VB residents • This presentation is intended to deliver information and spur discussion. City Council is not being asked to adopt any changes today. p3 .. Public Works — Parking Management NACCREDITED • $130M in asset valuation � PARKING NORGANIZATION" • 17,000+ Parking Spaces • 22 Locations Across the City Awarded by theInternational Parking • 8 garages at 2.4M sq ft and 45 levels and Mobility Institute (IPMI) • 780+ metered on-street spaces • 100+ contract employees (peak season) • $12M+ in Annual Expenses (includes Town Center) • 921 ,000 vehicles parked annually p4 n V a• Aga i Parking Lot Structure Map ................. ............. ............... ........... ........................... A-it x (.f 1 $ ems+ Y G Ave � ref rhbw.n pie �i InY 7r1/19 'AWN _ ZA PA(A.P.41 i c g� +s lap ray p . r �w r n x i ti rd. Parking Management Group"s Stated Goals Objectives .z • Easy to Find an Open Space • Easy Means of Payment =` Close Proximity to Destination �s • Fair Pricing & Enforcement „r I�uu x Positive Customer Experience 6 Free or Discounted Residential - Considerations How some of us see management parking � r _ r i zy u lax. v How parking management looks today My Parking . powered 6y Flowbirdi � O START PARKING O" FqW "2o Enter your license plate.If you would like Te Park r $2/hr,$ an SMS confirmation,as well as the ability Passport �� M to extend your purchase via text,please be j sure to include your mobile number. Scan OR Cod, µa. Parking to PaY Hou— OVEMllGHT a VB20400-1,Baltic Street Garage ]a MwsuaV VnUnitel ,� Virginia Beach(City of),VA G- y a am Y as �« Towing enforced a 2:30arn `°vN< 0 K E QN !t rr .R ' „# ;, e ■ Pgo ayto i __ _ Park ' ; Eller your prom:. ac • ' Garage Rules u Click Start button to select time and pay P9 a- Howparkingenforcement looks today w, \ y i Technical Issues • Garages at Atlantic Park, 25th Street and 31St Street all have contracted reserved spots. This creates additional challenges — Payment is received through a permit process • Parking Management can request limited access to DMV records, but not sufficient to determine personal data (names, addresses etc.) • The number of ways to pay and the inability to decipher residency at the point of sale would require some type of pre-registration tied to a license plate p11 Free or Discounted Residential - Considerations Parking Enterprise Fund • Enterprise fund - requires that the parking operations generate sufficient revenue to support operations • Parking Management is not supported by Real Estate or Personal Property taxes — Not General Fund • Parking Fund is not a revenue stream for the City's General Fund • Revenue generated is used for operating, cleaning and maintaining the parking program and facilities p13 Parking Enterprise Fund Parking Enterprise Fund 540 Revenue vs Expenditures FY2017 - FY 2024 FY2024 55.360.663 86.156.279 post —pandemic (FY22-FY24) 97Y2023 56.362.766 .077909 FY2022 $4.725,539 56.532 969 Avg Revenue - $6.2 6 M FY2021 s4.073.499 Avg Operating* $5.369.382 Expenses - $5.48M FY2020 $5.446 272 $4. 661.678 FY2019 55. '09,522 *$5,564411 — Doesn't include Capital FY2018 s4 927.327 56.154 981 Maintenance FY2017 $4.506.353 55,301.150 S- 51.000 000 S2 000 000 S3 000.000 S4 000 000 S5 000 000 S6 000.000 $7.000.000 •Total Expenses ■Total Revenue p14 Current Fee Structure • Rates have remained largely unchanged for many years DetailLocation Type Rate Additional 9th Street Garage $2/Hr $20 max 20th Street (New — Atlantic Park) Garage $2/Hr $20 max 25th Street Garage $2/Hr $20 max 31st Street Garage $2/Hr $20 max Baltic Ave (New —Atlantic Park) Garage $2/Hr $20 max 2nd Street Lot $2/Hr Free November-March 4th Street Lot $2/Hr Free November-March Croatan Lot $7/Day $3 Residents Little Island Park Lot $4/Day $10 Overnight Rudee Loop Lot $2/Hr Free November-March Sandbridge Market Lot $4/Day $10 Overnight Sandbridge Municipal Lot $4/Day $10 Overnight On-Street (Resort wide) Metered $2/Hr None p15 Dynamic — Peak Pricing Pricing DATES Aiqiiiiq ND RATES111 FOilillill R PEA111�111 K PARK111 qii�111 ING PRICING FOR 2025 • City Council has adopted dynamic DATE DAY MAX RATELocations 4/12/2025 -Saturday $10 Rudee Loop,2n°Street,4"Street,9"Street 4/13/2025 Sunday S10 Rudee Loop,2n0 Street,4"Street.9"Street pricing for the busiest days of the 42 /2025 Saturday S15 31st,25th,91h Street 4/27/2025 Sunday S15 31st,25th.9th Street 511712025 Saturday S15 Rudee Loop.2n"Street,41"Street,91"Street season 5/1 8120 2 5 Sunda S15 Rudee Loop,2n1 Street,41"Street,91"Street 5124/2025 Saturday S15 All 5/25/2025 Sunday S15 All 5/31/2025 Saturday S15 All 6/1/2025 Sunday S15 All 6/7/2025 Saturday S15 All 6/8/2025 Sunday S20 All 6/14/2025 Saturday S20 All 6/15/2025 Sunda $15 All 6/21/2025 Saturday $15 All • These dates correspond to activity ll 629/2025 Sunda $22 A dates where parking is strained 7/4/2025Friday22 All Saturday 7/5/2025 Satrda $22 All 7/6/2025 Sunday S15 All 7/12/2025 Saturday S15 All 7113/20251 Sunday S15 All 7/19/2025 Saturday S20 All 7/2012025 Sunday S20 All 7/26/2025 Saturday $15 1 All 7/27/2025 Sunday S15 All 8/2/2025 Saturday S15 All 8/3/2025 Sunda $15 All • Note — this schedule is subject to 8//02025 Sunday y $;5 All 8/16/2025 Saturday S15 All change as the event calendar 8/23/2025 Sunda 515 All 8/ 3/2025 ASaturday515 All 8/24/2025 __ S15 All changes 813012025 S15 All SI31/2025 S159/1/2025 S15 All NOTE:Dates and rates are subject to change if the special event calendar changes during the year. P 16 .�+, Parking Fund Projected Expenses 1\ :q $12,000.000 AIN 4 $10.000.000 _ $8.000.000 5 $6.000.000 S4.000.000 r $2.000.000 .. , FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 �. V (Budget) ■Personnel ■Supplies aO&M •Debt Service OCapital Set-Aside r� .4* Fund Sensitivity Analysis Parking $12.000,000 $10,000.000 $8.5 M $8.76 M . $8.000.000 $7..34tV $7 53 $6,000,000 �a $4.000.000 +r $2,000.000 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 (Budget) �Personnel Supplies a O&M r } �Debt Service 0 Capital Set-Aside Total:Revenues F -------Sensitivity-Lower Demand......••• Sensitivity-High Demand p18 �, Potential impacts to the Parking Fund • Our employee pass program shows that 90% of the oceanfront employees live in VB • A sample of data collected from our system in July 2024: • Transients average stay - 2.45 hours • Employees average stay — 7 to 8 hours • Residents (contract) average stay — 16 hours P19 Potential impacts to the Parking Fund - Continued • Any type of discounted program would have a significant negative impact to the Parking Fund • Reduction in revenue collected • Additional City staff to implement — Increased expenses • Parking Rate would need to be adjusted to cover the shortfall • A review of the data makes this estimate very difficult. A new rate of $3-$5/hr is likely required to maintain the fund p20 Free or Discounted Residential - Considerations Limitations • Any type of discounted program would not be able to be implemented for on-street parking or for days where dynamic pricing was in place • Parking Management staff would need to receive guidance on who constitutes a resident • Real Estate tax and/or Personal Property tax payers • Military registered out of state • Commercial vehicles p22 Limitations - Continued • What duration of stay would be allowed for free • Longer duration and/or more inclusions of what is considered a resident would require higher parking rates to maintain viability of the Parking Fund • The requirement for pre-registration will likely create customer service issues • Additional pressure on the garages may increase the number of peak pricing days p23 Free or Discounted Residential - Considerations Potential Scenario for Consideration • Residents could register online by supplying a copy of their Real Estate or Personal Tax bill and a copy of their vehicle(s) registration - Periodic renewals would be required • 3 hours of parking would be free for registered residents (excluding on- street and dynamic pricing days) • Hourly rate would be adjusted to $4/Hr 1-2 Additional staff members would need to be added p25 .,_ Adjusted Fee Structure Location T Current Rate Adjusted Rate Additional Detail ype 9th Street Garage $2/Hr $4/Hr $20 max 20th Street (New) Garage $2/Hr (I, $20 max 25th Street Garage $2/Hr $4 $20 max 31st Street Garage $2/Hr $4/Hr $20 max Baltic Ave (New) Garage $2/Hr $4/Hr $20 max 2nd Street Lot $2/Hr $4/Hr Free November-March 4th Street Lot $2/Hr Free November-March Croatan Lot $7/Day $7/Day $3 Residents Little Island Park Lot $4/Day $4/Day $10 Overnight Rudee Loop Lot $2/Hr Free November-March Sandbridge Market Lot $4/Day $4/Day $10 Overnight Sandbridge Municipal Lot $4/Day $4/Day $10 Overnight On-Street (Resort wide) Metered $2/Hr $4/'� None p26 _._. Questions/Discussion CITY OF VIRGINIA BEACH 27 5 CITY COUNCIL LLMISON REPORTS ITEM#77304 2:10 P.M. There were no City Council Liaison Reports. July 1, 2025 6 CITY COUNCIL DISCUSSIONIINITL4TIVES I COMMENTS ITEM#77305 2:12 P.M. Council Member Cummings read an article written for Jeremiah Denton Jr., who's family became the original residents of the Kings Grant community and then went on to serve in the United States Navy as Naval Aviator during the Vietnam War and held captive for seven (7)years and seven (7)months in Hanoi during which he endured repeated and prolonged torture, as well as solitary confinement for four(4) years. The article is attached hereto and made a part of the record. Council Member Cummings advised even though he was a child at the time, he still remembers Mr. Denton's service and watching the film of Mr. Denton using morse code by blinking his eyes to spell, "torture", and expressed he would like to have City Council formally honor and recognize Mr. Denton and the King's Grant Community. Mayor Dyer expressed his support. July 1, 2025 Terri H. Chelius From: Terri H. Chelius Sent: Monday, July 7, 2025 11:30 AM To: Terri H. Chelius Subject: FW: King's Grant Community League meeting -- followup USS Jeremiah Denton (DDG 129) named for a King's Grant hero ...ice � #I [1 x e Jeremiah Denton Jr was a native of Alabama. He graduated with the wartime-accelerated class of 1947 from the US Naval Academy in June 1946 (side note: My father was his classmate as was Jimmy Carter, Stansfield Turner, and James Stockdale). He later earned his wings as a Naval Aviator. In September 1961 he joined Attack Squadron FORTY-TWO, based at the Naval Air Station, Oceana. His family became original residents of the new King's Grant community in Princess Anne County. In July 1965, Denton's A-6 Intruder, based at Oceana, was shot down on a mission while leading a bombing raid of twenty-eight jets over North Vietnam after launching from the deck of the USS Independence stationed in the Tonkin Gulf. He was held captive for seven years and seven months in Hanoi during which he endured repeated and prolonged torture, as well as solitary confinement for four years, two of which were in the notorious prison camp, Alcatraz. While a prisoner, he was a leader of other POW's, and defied his captors' efforts to use him for propaganda purposes. In one such propaganda attempt, when asked what he thought of the Vietnam War, he replied, "Whatever the position of my government is, I support it fully. ... I am a member of that government. It is my job to support it, and I will as long as I live." While making this statement he was also blinking the word "TORTURE" in Morse code over and over, confirming for the first time to the American government that the POW's were in-fact being tortured. Upon release at the end of the war in 1973, he was the first to step off the plane at Clark AFB in the Philippines. Denton spoke briefly on the tarmac as he stepped onto free soil, and, speaking on behalf of the prisoners, he expressed their pride for having had the opportunity to serve the country "under difficult circumstances" and their gratitude to the President and the nation for having secured their freedom under honorable circumstances, ending spontaneously with the words "God Bless America" and a crisp salute to the flag in a transfixing display of patriotism that brought tears to the eyes of an entire nation. He returned to Hampton Roads and was treated at Portsmouth Naval Hospital. He subsequently became 1 Commandant of the Armed Forces Staff College in Norfolk, Virginia and thereafter retired from the Navy in 1977. He was awarded the Navy League of the United States' John Paul Jones Award for Inspirational Leadership and cited as follows: "For his magnificent courage and leadership while imprisoned by the North Vietnamese and as a symbol of that demonstrated by both military and civilian POWs during their years of incarceration under the most difficult and trying conditions." He later returned to his native Alabama and served one term as a U.S. Senator. When he died in 2014, his memorial service was held in Kin 's Grant. He is buried at Arlington. His wife, Jane Denton, was a tireless advocate for prisoners of war. She helped found the nationally- recognized advocacy group, "National League of Families of Prisoners of War and Missing in Action," in the 1960s after her husband was captured and imprisoned during the Vietnam War. Her efforts were credited for helping to obtain humane treatment and the ultimate release of American prisoners. His awards, represented in the shadow box pictured, include the Navy Cross, Silver Star (three awards), Bronze Star (five awards), Defense Distinguished Service Medal, Navy Distinguished Service Medal, Purple Heart (two awards), Distinguished Flying Cross, Air Medal (two awards), and numerous other service and campaign awards. The shadow box was presented to him upon retirement and is displayed in his son's Virginia Beach law office. 2 t: r THe USS Jeremiah Denton (DDG 129)was christened at HII's building yard in Pascagoula Mon June 28, 2025. It is expected to be commissioned into Navy service in 2027.The ship is a guided missile destroyer. 3 Zip rtd ALL: 4 � L i Z. Fa F w .a Very Sincerely. Steve On Mon, Jun 30, 2025 at 5:10 PM Stacy Cummings Jr. <StCummingspvbgov.com>wrote: Steve Can you provide the information on Jeremiah Denton you shared at the meeting. I'd like to try to get Council to recognize and honor him. Thank you Stacy Cummings Councilman District 8 757 629-8691 Y OF VIRGINIA +� BEACH From:Stacy Cummings Jr.<StCummings@vbgov.com> Sent: Friday,June 27, 2025 10:21:40 AM To:Steve Nimitz<snimitzsr@gmail.com> 4 7 CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS ITEM#77306 (Continued) Council Member Jackson-Green advised last Saturday he went to City View Park for the unveiling of a sculpture of a gecko and lily pad and expressed his appreciation to Michael Kirschman, Director—Parks and Recreation,for his work over the past three(3)years to have the creative masterpieces on display. July 1, 2025 8 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#7730 7 (Continued) Council Member Jackson-Green advised the Parks After Dark Program will have events in Districts 4, 7 and 10 every Thursday thru Sunday from 6:00—11:00 P.M.,from now to the end ofAugust and encouraged the public to attend. July 1, 2025 9 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77308 (Continued) Council Member Ross-Hammond congratulated Elizabeth Chupik on receiving the 2025 A. Robert Cherin Award by the Local Government Attorneys of Virginia, Inc. and was featured in an article in the May/June 2025 Virginia Town and Country Magazine. July 1, 2025 10 CITY COUNCIL DISCUSSIONIINITIATIVES I COMMENTS ITEM#77309 (Continued) Council Member Schulman advised there will be a District 9 Town Hall Meeting on July 16'h from 6:30— 8:00 P.M. at Shelton Park Elementary School to discuss the challenges concerning complaints of people congregating and disturbing residents near the Lynnhaven Boat Ramp. Council Member Schulman advised he will also provide updates and information on the facility operations and mitigation efforts and is hopeful to gain feedback and ideas from the community, including those who fish at the boat ramp, and encouraged anyone interested to attend. City Manager Duhaney advised he is concerned about recent issues at some of the City' parks including the recent overnight shooting at the Lynnhaven Boat Ramp and believes there is a need to enhance the Public Safety posture in certain areas. City Manager Duhaney advised he will provide City Council with a briefing on proposed enhancements which he will need to have their support to implement. Council Member Rouse advised the new state law regarding reckless driving go into effect today and requesting information if the laws will change how police respond to drag racing in the City. July 1, 2025 11 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77310 (Continued) Mayor Dyer asked City Manager Duhaney to share the good news recently received regarding the Citys ranking by Wallethub. City Manager Duhaney advised the City was ranked#9 for being the "Best-Run City in America"and#2 for "Quality of City Services". City Manager Duhaney also shared he was informed the Major Cities Chiefs Association ranked the Police Department#2 for "Safest City"in America among 148 other City with similar populations. City Manager Duhaney advised Virginia Beach continues to be the benchmark and expressed his appreciation to City Council for providing him with the necessary resources and continued support July 1, 2025 12 AGENDA REVIEW SESSION ITEM#77311 2:28 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES 1. Ordinance to AUTHORIZE 50'-wide Access and Utilities Easement across a portion of the City's Lake Gaston Pipeline Property located in Greenville County, Virginia to Jarratt Energy Facility, LLC 2. Ordinance to AUTHORIZE temporary encroachments into a City-owned drainage easement and drainage and utility easement, at the rear of 947 Bingham Street re construct and maintain a boat lift,boathouse,fixed dock,variable width and floating dock,variable width stone rip-rap,timber walkway, wood retaining wall,and five(5)piles DISTRICT 6 3. Ordinance to AUTHORIZE temporary encroachments into a City-owned property, at the rear of 4305 Lookout Road re construct and maintain a variable width rip-rap,variable width wood dock, boat ramp and retaining wall, and to maintain an existing variable width bulkhead DISTRICT 9 4. Ordinance to ACCEPT and APPROPRIATE $6,402 from the Commonwealth to the FY2025-26 Office of the Voter Registrar Operating Budget re provide salary adjustments approved by the General Assembly 5. Ordinance to APPROPRIATE$603,546 from the fund balance of the General Fund and$98,252 from the fund balance of the Tourism Investment Program (TIP) Fund to the FY2025-26 Non- Departmental Operating Budget re City's participation in Hampton Roads Transit's Transportation Service Plan 6. Ordinance to APPROPRIATE $610,000 from the Police Federal & State Seized Assets Special Revenue Fund to the FY2025-26 Police Department Operating Budget re police software, equipment, and training 7. Ordinance to DONATE a vehicle to the Currituck County Sheriff' Department July 1, 2025 13 ITEM#77312 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 2.2-3 711(A)(8). • Atlantic Park • Beach Encroachments LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3 711(A)(7). • Atlantic Park • Branch, et al. v. City of Virginia Beach • Holloway, et al. v. City of Virginia Beach 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 2 • District 2 • District 9 PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body pursuant to Section 2.2- 3 711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees • Council Appointee Evaluations July 1, 2025 14 ITEM#77312 (Continued) Upon motion by Council Member Schulman, seconded by Council Member Berlucchi, City Council voted to proceed into CLOSED SESSION at 2:33 P.M. 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 Break 2:33 P.M. — 2:48 P.M. Closed Session 2:48 P.M. — 5:48 P.M. July 1, 2025 15 FORMAL SESSION 11IRGINL4 BEACH CITY COUNCIL JULY 1,2025 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, July 1, 2025, at 6:00 P.M. Council Members Present: 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 INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF"ERICA 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 341h 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. July 1, 2025 16 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a "personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. July 1, 2025 17 VI.F CERTIFICATION ITEM#77313 Upon motion Council Member Rouse, seconded by Council Member Schulman, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, 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 July 1, 2025 G�Nv'B�c v�4 y.L j s e 2 OF OUR N»O�S RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINL4 BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#77312 on Page 14 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. manda Barnes, MMC City Clerk July 1, 2025 18 ITEM— VI.G.1 MINUTES ITEM#77314 Upon motion by Council Member Jackson-Green, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 3,2025 Voting: 10- 1 Council Members Voting Aye: Michael F. Berlucchi, 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: Stacy Cummings Council Members Absent: None July 1, 2025 19 ITEM— VI.G.2 MINUTES ITEM#77315 Upon motion by Council Member Jackson-Green, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSIONS of June 10,2025 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 July 1, 2025 20 ITEM— VI.G.3 MINUTES ITEM#77316 Upon motion by Council Member Jackson-Green, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 17,2025 Voting: 9-2 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 and Joashua F. "Joash"Schulman Council Members Abstaining: Jennifer Rouse Rosemary Wilson Council Members Absent: None July 1, 2025 21 ITEM— VI.H.1 PUBLIC HEARINGS ITEM#77317 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATIONAND CONVEYANCE OF EXCESS CITYPROPERTY Approximately 0.17 acres of land, including the building improvements thereon, at 302 22"d Street There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING July 1, 2025 22 ITEM— 11I.H.2 PUBLIC HEARINGS ITEM#77318 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION, BYAGREEMENT OR CONDEMNATION Eastern Shore Drive Drainage Improvements Phase 1, Sections IB— CIP 100167—Lynnhaven Colony Park Pump Station and 1 C.2— CIP 100153 — Cape Henry Canal Phase II There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING July 1, 2025 23 ITEM— VI.H.3 PUBLIC HEARINGS ITEM#77319 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY Approximately 37 square feet of space in the building at 952 Reon Drive to Kempsville Borough Boys Baseball There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING July 1, 2025 24 ITEM— VI.H.4 PUBLIC HEARINGS ITEM#77320 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY—FARMERS MARKET Suite 516, approximately 1,038 square feet of space to Princess Anne County Grill There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING July 1, 2025 25 ITEM— VI.I FORMAL SESSION AGENDA ITEM#77321 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker, and they will be given a total of six(6)minutes to speak on all items. The City Clerk called for the following to speak: Craig Henson, 1825 Garden Drive, Phone:201-0744, spoke in SUPPORT of Ordinance J.6 Upon motion by Vice Mayor Wilson,seconded by Council Member Remick, City Council APPROVED,BY CONSENT,Agenda Items Ordinances J. 1,2,3, 4, 5, 6 and 7 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 July 1, 2025 26 ITEM— VI.J.1 ORDINANCES ITEM#77322 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE 50'-wide Access and Utilities Easement across a portion of the City's Lake Gaston Pipeline Property located in Greensville County, Virginia to Jarratt Energy Facility, LLC 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 July 1, 2025 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE GRANTING AN 4 ACCESS AND UTILITIES EASEMENT ACROSS A 5 PORTION OF THE CITY'S LAKE GASTON PIPELINE 6 PROPERTY LOCATED IN GREENSVILLE COUNTY, 7 VIRGINIA TO JARRATT ENERGY FACILITY, LLC 8 9 WHEREAS, the City of Virginia Beach owns and maintains the Lake Gaston 10 Pipeline,which extends from Brunswick County to Isle of Wight County(the"Pipeline"),and 11 provides raw water from Lake Gaston to the City of Virginia Beach; 12 13 WHEREAS, Jarratt Energy Facility, LLC, an operating company of Torch 14 Clean Energy ("Jarratt Energy"), has requested that the City grant a 40-year, 50'-wide 15 access and utilities easement consisting of approximately 5,000 sq. ft. (0.115 acres) (the 16 "Easement") across a portion of the Pipeline in the location shown on the plat attached 17 hereto as Exhibit A and made a part hereof, for the purpose of installing and maintaining 18 two (2) 35KV overhead electric lines and installing and maintaining a 14'-wide gravel 19 access roadway; 20 21 WHEREAS, Jarratt Energy has requested the Easement so that it can have 22 an efficient means of operating its planned solar facility, which will be located on both the 23 north and south sides of the Pipeline; and 24 25 WHEREAS, Public Utilities has advised that granting the Easement will not 26 interfere with the City's operation of the Pipeline. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute the necessary 32 documents to grant the Easement as shown on the plat attached hereto as Exhibit A and 33 made a part hereof, so long as the documents granting the Easement are consistent with 34 the Summary of Terms attached hereto as Exhibit B and made a part hereof, and with such 35 other terms, conditions or modifications as may be acceptable to the City Manager and in a 36 form deemed satisfactory by the City Attorney. 37 38 Further, that revenue from the sale of the Easement in the amount of$12,000 39 shall be received and shall be deposited in the Water and Sewer Enterprise Fund. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 st 42 day of JulY__—, 2025. ( THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL] 1 CA16273 R-1 PREPARED': 3/27/25 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d018\p050\01026537.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BLI WORK�, I�X\L ESTATE CITY ATTORNEY APPROVED AS TO CONTENT: PUBLIC UTILITIES, ENGINEERING APPROVED AS TO CONTENT: _ 1 _ B DGET& MANAGEMENT SERVICES 2 NOTES. LAND BOUNDARY SURVEY SHOWN IS \ If BASED ON A CURRENT FIELD SURVEY. T�,r1B49� / 2. THIS SURVEY WAS PERFORMED Wf7HOUT E RRFLECT ALLEFIT OF A TITLE REPORT, AND UNDERGROUND UTILMESY NOT 11�j03g1,13 C 1.R. 60 77ON �8> � S,R. EASEMENTS, RIGHT OF WAYS, AND OTHER 3 — —— S80.12 34 08 ENCUMBRANCES TO THE PROPERTY g / /CS CL PROPOSED GRAVEL LEGEND: ACCESS ROADWAY FD.--FOUND RBR--REBAR 1 PROPOSED 50' D.B.--DEED BOOK PG.--PAGE , EASEMENT FOR T.M.—TAX MAP NUMBER / L y ACCESS AND UTILITIES 5,000 Sq.ft. PROPOSED 34.5KV y N72.1849 B496B• ?S, j OVERHEAD ELECTRIC CROSSING r55/28/2024 CENTERLINE POINTL MRM 9 N=3460077.72 Lic. No. 2738 E=11771170.01 �, so o so so ao M GRAPHIC SCALE SURVEYORS CERTIFICATE PLAT SHOWING EASEMENT NOTI-OWAY DISTRICT GREENSVILLE COUNTY,VA I HEREBY CERTIFY THAT THIS CURRENT BOUNDARY TO BE ACQUIRED FROM DATE: 512812024 SCALE: 1"=30' SURVEY,TO THE BEST OF MY KNOWLEDGE AND THE CITY OF VIRGINIA BEACH BELIEF,IS CORRECT AND COMPLIES WITH THE SHEET 1 OF 1 J.N.: 23556EASEMENT MINIMUM PROCEDURES AND STANDARDS FOR THE JARRATT ENERGY FACILITY DRAWN BY: JDL CHECK BY: SLC ESTABLISHED BY THE VIRGINIA STATE BOARD OF NOTTOWAY DISTRICT ARCHITECTS,PROFESSIONAL ENGINEERS,LAND GREENSVILLE COUNTY,VIRGINIA SURVEYORS,AND CERTIFIED LANDSCAPE CROSSING THE LANDS OF Crutchfield ARCHITECTS. CITY OF VIRGINIA BEACH9 D.B.171,PG.463 &Associates, Inc. T.M.11-7 SURVEYORS-ENGINEERS-PLANNERS 50 MOUNTAIN RD., P.O.BOX 176 STEVEN L.CRUTCHFIELD,PLS EXHIBIT A HALIFAX,VIRGINIA 245 VIRGINIA CERTIFICATE NUMBER:2738 (434)476 7744 www.crutchfleldi nc.com EXHIBIT "B" SUMMARY OF TERMS Grantor: City of Virginia Beach ("City") Grantee: Jarratt Energy Facility, LLC, operating company of Torch Clean Energy Easement: 50'-wide access and utilities easement for a term of forty (40) years, consisting of 5,000 sq. ft. +/- crossing the City's right-of-way housing the City's Lake Gaston Raw Water Pipeline and located off Wyatt's Mill Road adjacent to property known as "GPIN: 7476-20- 0124" and "Parcel 11-55" in the records of Greensville County, Virginia, more particularly shown on the plat attached as "Exhibit A" to the Ordinance Consideration: $12,000.00 CONDITIONS OF SALE: • The Easement shall be for the sole purpose of providing a crossing point for access and private utilities between the northern and southern portions of the Grantee's proposed development of a solar energy facility on property adjacent to the easement. • The City shall have the right but not the obligation to repair, temporarily remove, or relocate the Grantee's facilities in the Easement in the event of an emergency, public necessity or public safety, and Grantee shall bear all costs and expenses of such repair or removal. • The Grantee shall indemnify, hold harmless and defend the City and its agents and employees from all claims, damages, losses and expenses in case it shall be necessary to file or defend an action arising out of the Grantee's use of the easement. • No construction or maintenance of facilities, other than those specified in the Deed of Easement will be permitted. • Grantee must notify the City within at least 48-hours of construction within the right-of-way to arrange for a City representative to be on-site to oversee the construction. • If any utility conflicts are determined between the Easement and the City's use of the existing water line, work shall not commence until the City's Public Utilities Department approves all construction plan revisions. • If Grantee does not begin operating the solar energy facility within 36 months from the date of the Easement, or if Grantee ceases operations, once begun, for a period of 24 months, City may terminate the Easement. • If the City requires the Easement to be relocated from the approved location, the Grantee shall pay to relocate the crossing equipment to another suitable easement area to be provided by the City. 27 ITEM— VI.J.2 ORDINANCES ITEM#77323 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a City-owned drainage easement and drainage and utility easement, at the rear of 947 Bingham Street re construct and maintain a boat lift, boathouse,fixed dock, variable width and floating dock, variable width stone rip-rap, timber walkway, wood retaining wall, and five (5)piles DISTRICT 6 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 July 1, 2025 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A 40' CITY-OWNED DRAINAGE 6 EASEMENT AND INTO A 5' CITY- 7 OWNED DRAINAGE AND UTILITY 8 EASEMENT, LOCATED AT THE REAR 9 OF 947 BINGHAM STREET. 10 11 WHEREAS, G. Brock Potter Jr., Trustee Of The G. Brock Potter Jr., 12 Revocable Trust, Dated July 6, 2005, and any amendments thereto (the "Applicant"), 13 requests permission to construct and maintain a 16' x 16' boat lift, a 20'x 42.87' boathouse, 14 a 2.33' x 36.83' fixed dock, a variable width and a 5' x 9.75' floating dock, variable width 15 stone rip-rap, a 4.63' x 0.67' and a 5.92' x 0.67' timber walkway, a 18.39' x 1.74' wood 16 retaining wall, and 5 piles (collectively, the "Temporary Encroachment") into a 40' City- 17 owned drainage easement and into a 5' City-owned drainage and utility easement, located 18 at the rear of 947 Bingham Street; and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City's easements subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 28 2009 and 15.2-2107, Code of Virginia, 1950, as amended, G. Brock Potter Jr., Trustee of 29 The G. Brock Potter Jr., Revocable Trust, Dated July 6, 2005 and any amendments thereto, 30 his heirs, assigns and successors in title are authorized to construct and maintain the 31 Temporary encroachment within the City-owned easements as shown on the map entitled: 32 "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, 33 BOATHOUSE, FLOATING DOCK, FIXED DOCK, RIP-RAP, TIMBER & BULKHEAD 34 RETURN FOR G. BROCK POTTER, JR., TRUSTEE OF THE G. BROCK POTTER, JR. 35 REVOCABLE TRUST LOCATED ON LOT 6, CANNON SHORES M.B. 70, PG. 52 GPIN: 36 2408-92-7960 CITY OF VIRGINIA BEACH, VIRGINIA", Scale: 1" = 50', dated October 28, 37 2024, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as 38 Exhibit A and on file in the Department of Public Works and to which reference is made for 39 a more particular description; 40 41 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 42 subject to those terms, conditions and criteria contained in the agreement between the City 43 of Virginia Beach and G. Brock Potter Jr., Trustee of The G. Brock Potter Jr., Revocable 44 Trust, Dated July 6, 2005 and any amendments thereto (the"Agreement"), an unexecuted 1 45 copy of which has been presented to the Council in its agenda, and will be recorded among 46 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 47 BE IT FURTHER ORDAINED, that the City Manager or his authorized 48 designee is hereby authorized to execute the Agreement; and 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 51 such time as G. Brock Potter Jr., Trustee of The G. Brock Potter Jr., Revocable Trust and 52 the City Manager or his authorized designee execute the Agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t 55 day of July 2025. CA16591 R-1 Prepared: 5/8/25 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: o � B IC WOR S, REAL ESTATE . HARMEYER DEPUTY CITY ATTORNEY 2 40' DRAINAG EASEMENT \ / 4,p�LT1j OF M.B. 70, PG. 52 L1 PROPOSED BOAT LIFT ✓ PROPOSED O BOATHOUSE �� U DAB UTLER Y PROPOSED Z `l c.No. 38395 FIXED DOCK PROPOSED O�� RETAINING WALL o o O Z `SIONAL ECG` o. W PROPOSED y/_ N FLOATING DOCK o PROPOSED . RIP-RAP LO L o .O �o Z PROPOSED w w TIMBER Ln W Z Z u) uj N 3 LOT 6 rM w a Ad�' o I.N. 20060324000445010 N o N w a #947 a I� z m '-m o a n� Z w -d N o o J_ SEE SHEET 7 FOR LINE op TABLE &ADJACENT 0 OWNER DATA. 1580'i TO DENDRON DR. S81'13'00'W 150.00' BINGHAM STREET (50' RNV) M.B. 70, PG. 52 0 50 100 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Overall Sheet: 1 of 7 DOCK, RIP-RAP, TIMBER & BULKHEAD RETURN Scale: 1"=50' Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Po—,G.&oh Pl--947 Bs" .SV,t\D,~",\91-101 En,twch td q,5/19IM25 3.23:59 PM,1.1 \ ' 4tiALT11 pF N86'00'00"E Lr 56.84' Off. DAi� UTLER -- `Ic.No.38395 2� w� 5' UTILITIES & DRAINAG EASEMENT ao Off, 10-9, M.B. 70, PG. 52 •o. �`rsIpNAL 30.02' 42.87' �i 18.68' g ��12.43' 3.57' 7.16' 16.00' S T 8.19 �O C) g PROPOSED � � �" o - N BOATHOUSE o W PROPOSED -74 BOAT LIFT a O �N\ N 40.90' \1.97' tJ M 42.87' 40' MAINAG EASEMENT 41.5- ��- M.B. 70, PG. 52 5.55' Sk LOT 6 \ c1q I.N. 20060324000445010 #947 \ �, 1p�2 a N o -CO, 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Boathouse& Boat Lift Sheet: 2 of 7 DOCK, RIP-RAP,TIMBER& BULKHEAD RETURN Scale: 1"=10' Date: Oct. 28, 2024 FOR GALLUP G. BROCK POTTER, JR., TRUSTEE OF THE . BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 pi (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA W:1P..,,G.Br k P.U.,-947 6,gl S.W0w.%N91-101 EnnouhmwtAvq,S/19/2025 33359 PR 1.1 4o•O Pc S�FMfHT O ti q� 04 N pIQ `jb'SS' ~z C4 OpOs O S•B,� W a Q F FTx m Fp\ m Z o m Oct I o m o = LL- (, Y W Z ILI3?' J G I 1 W IL Ii o2 o � � � o Qom. a 0.27'--► 5.00• ^O' I^ ^ PROPOSED LOT 6 Y C FLOATING I.N. 20060324000445010 0 p DOCK #947 U 0 a Z 0.54' �1,V,ALT1]OF 0 Q 5.00' O� Gf a O co U- �oe. v DAI �- UTLER � o ` c.No. 38395 0 0 o �2g w ��SSIONAL Ln 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Floating& Fixed Dock Sheet: 3 of 7 DOCK, RIP-RAP,TIMBER& BULKHEAD RETURN Scale: 1"=10' Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA WAP—.G.Brock P.M-947 B qhm St t\Dr-vi,p\91-101 Exroxlm<ntdwg.5/19=S 3A59 PR 1:1 i 40 DIWNAG EASEMENT M.B. 70, PG. 52 3.42' 1.63' 23•10' N �N r 19.67' 7.65' N— =�� 0 3.36' 19.61' 24.62' i� rO 4T , w rn A uj LOT 6 'PpA I' I.N. 20060324000445010 0S, $ #947 FQ a N 0 Ln o IV o N a ��; �9A U, 1.74' o 00 m S^ Z A L,:i BOA Os F p 1�4tNLTH Gl I DA - UTLER `I c.No. 38395 St NAL E� 0 8 16 I EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Rip-Rap Sheet: 4 of 7 DOCK, RIP-RAP, TIMBER& BULKHEAD RETURN Scale: 1"=8' Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS 84 ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W1Potter,G.Brock Potter-947B Vg StreetWraxings191-101 Em,wc n dxg.5/19/20253:24MPM,1:1 LINKHORN BAY tn FLOOD �- EBB \ �- NAG �SEMEM Cn pRAI 70, PG- N. PROPOSED RIP RAP 5 p3 3.90' 0.73' CP s ECy' C14 50. 0 0 ' 57,/ —�15786 -OD P I?X. o 2� `c 17.73'� 368 °° o g°�ti PROPOSED RIP-RAP �1ti 4 0 o LOT 6 I.N. 20060324000445010 N o,LTH Oi #947 w L1 G� o U 60 DAI B UTLER > N N ` c.No. 38395 qto_ SIDNAL E� I 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Rip-Rap Sheet: 5 of 7 DOCK, RIP-RAP,TIMBER & BULKHEAD RETURN Scale: 1"=10' Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS 8k ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA W\Potter,G.Brock Porter-947 Binghem Sue\Dr~ngs\91-101 Encrw W encd",5/19/2025 3:24A0 PM,1:1 ��ALTH OF � Gl z 0 Li G' W r w aLi NLO J W a DAP*MR� UTLER a_ o ` c.No.38395 ad 3 a 1.63 Cd LINKHORN BAY ~ FLOOD N I ONAL EBB 50.00 N71•3B'00 E ' c� Z N pry Z U) � W 6 °° a 0 N Oto N c1q 0 co cn w N W oo a W z 0 IL M N I As — "' 1.74' 4 Li ?se h w� od o rfi m Q4 LOT 6 I 0 LOT 6 I.N. 20060324000445010 I.N. 20060324000445010 i- #947 #947 It 0 U) 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Timber& Retaining Wall I Sheet: 6 of 7 DOCK, RIP-RAP, TIMBER& BULKHEAD RETURN Scale: 1"=10' Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS&ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Potter.G.0r kPett--947 B.ngh—S1ree1\Dre 9i \91-101 Encraachmentdwg.5/19/2025324M PM.1:1 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. ALTH v 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS PLAN IS BASED UPON A TOPOGRAPHICAL SURVEY PREPARED BY: O� r KBJW, INC. DATED: 7-19-23 p 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF u DA Wt UTLER RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. / �I` c.No.38395 �;i' a► �2A �v� `sIONAL ECl LINE TABLE LINE BEARING DISTANCE L1 N86'00'00"E 56.84' L2 S29'38'00"E 123.82' L3 N71'38'00"E 50.00' ADJACENT OWNERS KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN DENNIS N. & BARBARA I.N. 202103063747 LOT 5, CANNON M.B. 70, 2408-92-6819 A. STEFANAKIS SHORES PG. 52 CHER E. WYNKOOP & i N. 20100104000001320 LOT 4, QUAIL POINT, M.B. 74, 2408-93-3164 JEFFREY W. FORDING SECTION TWO PG. 18 SYLVIA M GRAY INTER I.N. 20171214001066770 LOT 3, QUAIL POINT, M.B. 74, 2408-93-5203 VIVOS TRUST SECTION TWO PG. 18 4� T. DAMALAS FAMILY, LLC I.N. 202100004682 LOT 7, CANNON M.B. 70, 2408-92-9922 ' SHORES PG. 52 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Notes&Tables Sheet: 7 of 7 DOCK, RIP-RAP, TIMBER& BULKHEAD RETURN Scale: NA Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS &ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA W:\Potter,G.Btak Potter-9/1 Bingt,Ste \C4~ngs\91-101 Enoaxl dwg.5/19/202S 3:24W PM,1:1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this -01 day of MLl 2025, by and between the CITY OF VIRGINIA BEACH VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and G. BROCK POTTER JR. TRUSTEE OF THE G. BROCK POTTER JR., REVOCABLE TRUST DATED JULY 6 2005 AND ANY AMENDMENTS THERETO, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "6" as shown on that certain plat entitled: "CANNON SHORES SUBDIVISION OF PROPERTY OF MRS. J.R. CANNON LYNNHAVEN BOROUGH VIRGINIA BEACH, VA," Scale: 1"= 100', dated May 25, 1966, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 70, at pages 50 and 52A respectively, and being further designated, known, and described as 947 Bingham Street, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 16' x 16' boat lift, a 20' x 42.87' boathouse, a 2.33' x 36.83' fixed dock, a variable width and a 5' x 9.75' floating dock, a variable width stone rip-rap, a 4.63' x 0.67' and a 5.92' x 0.67' timber walkway, a 18.39' x 1.74' wood retaining wall, and 5 piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 40' DRAINAGE EASEMENT (NO GPIN ASSIGNED) 5' UTILITIES & DRAINAGE EASEMENT (NO GPIN ASSIGNED) 2408-92-7960 (947 BINGHAM STREET) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a 40' City-owned drainage easement and into a 5' City-owned utility and drainage easement, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED DOCK, RIP- RAP, TIMBER & BULKHEAD RETURN FOR G. BROCK POTTER, JR., TRUSTEE OF THE G. BROCK POTTER, JR. REVOCABLE TRUST LOCATED ON LOT 6, CANNON SHORES M.B. 70, PG. 52 GPIN: 2408-92-7960 CITY OF VIRGINIA BEACH, VIRGINIA", Scale: 1" = 50', dated October 28, 2024, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 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 Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by 4 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, G. Brock Potter Jr., Trustee, of the G. Brock Potter Jr., Revocable Trust, dated July 6, 2005, and any amendments thereto, the said Grantee, has caused this Agreement to be executed by its signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (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 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 G. BROCK POTTER JR., TRUSTEE OF THE G. BROCK POTTER JR., REVOCABLE TRUST, DATED JULY 6, 2005, AND ANY AMENDMENTS THERETO By: ,TZ�0� JV14a d. rock Potter Jr., Tru tee STATE OFVqO.' (/I.CITY/COUNTY 6 to-wit: The foregoing instrument was acknowledged before me this %k day of , 2025, by G. Brock Potter Jr., Trustee, of the G. Brock Potter Jr., Revocable Trust, dated July 6, 2005, and any amendments thereto. p,n n sib Q •NOTARY•• • IC 93846 Q Notary Public 0 9 MY COMMISSION '• EXPIRES r? Oct.31,2027 ' 0 My Notary Registration Numb r: .,�.�'••.. J��,.�' My Commission Expires: / %�FA�TH 0�,••`',`` '' UeeuueeeeN APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 0 P B IC-WORKS — REAL ESTATE EYER DEPUTY CITY ATTORNEY 7 40' DRAINAG EASEMENT \ / HEALTH pp M.B. 70, PG. 52 2 3 L1 PROPOSED o� L BOAT LIFT PROPOSED O BOATHOUSE r� v DA UTLER Y PROPOSED Z c.No. 38395 �- FIXED DOCK PROPOSED r O RETAINING WALL ° p o ° O 03 SIONAL E� PROPOSED _7 FLOATING DOCK ° PROPOSED M0. RIP-RAP Lo o. O W PROPOSED TIMBER o Z o !� o N LOT 6 , W o I.N. 20060324000445010 N 0 4 N a O #947 W ^ Q Z m Lnmiz I w .iu IV a O E O SEE SHEET 7 FOR LINE TABLE &ADJACENT I I N OWNER DATA. 1580'1 TO DENDRON DR. S81'13'00"W 150.00' BINGHAM STREET (50' RNA M.B. 70, PG. 52 0 50 100 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Overall Sheet: 1 of 7 DOCK, RIP-RAP, TIMBER & BULKHEAD RETURN Scale: 1"=50' Date: Oct. 28, 2024 FOR GALLUP G. BROCK POTTER, JR., TRUSTEE OF THE G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS &ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA W.\Potter.G.Brack Poser-997 Bin9hem SveelWravingr\91-/01 FncroachmerM1dw,S/19/M25 323:59 PM,1:1 4V NLTy O� N86'00'00"E 56.84' O� L � U DA *: UTLER �\ \`I c.No.383952� � 5' UTILITIES & DRANVAG EASEMENT M.B. 70, PG. 52 `DEc\ �s`SJONAL E��1 30.02' 42.87' 18.68' CV 12.43' 5•69' 16.00' 3.57' y PROPO 8.19 ro o BOATHOUSE PROP 03 OSED BO AT LIFT a N "'• 40.90' 42.87' 40' p 41.5 M.B. 70,N4G EASEMENT W_ PG. 52 5.55' O LOT 6 ^� N I.N. 20060324000445010 #947 0 m \ a� 0 10 20 EXHIBIT A _ I ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Boathouse & Boat Lift Sheet: 2 of 7 DOCK, RIP-RAP, TIMBER& BULKHEAD RETURN Scale: 1"=10' Date: Oct. 28, 2024 FOR GALLUP G. BROCK POTTER, JR., TRUSTEE OF THE G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS 8B ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA w\Foner,6.0—k Fatter-911 B,.qh SOeet\Dr .g,\91-101 En�roa<hmentAvg.5/19/225 32 59 FM,1.1 �.o i P� s�FMF I N CV I ao M N 'n pOs�O�6e`,' vW Q p m 1'r? C I W o W Z o i oLO 2 f ry o � o a Qom. 0.27' 5.00' ^o. I^ ^EFLOATING LOT 6 Y I.N. 20060324000445010#947 w p N a Z 0.54' �tALTH O� 0 a 5.00' .� O� Lf a OJ (� 00 Go v DA *t4t UTLER `u `I- c.No. 38395 0 00 o) ��sSIONAL E V' 0 10 20 EXHIBIT A I ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Floating & Fixed Dock Sheet: 3 of 7 DOCK, RIP-RAP,TIMBER & BULKHEAD RETURN Scale: 1"=10' T Date: Oct. 28,2024 FOR GALLOP G. BROCK POTTER, JR., TRUSTEE OF THE G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132 (757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W-\P—,G OwkPotter-9/7 Bijhb Sue \Dr gs\91-101 E>Ktwthmen g,5/19/202532359PR 1:1 40' DPAANAG EASEMENT '4.8- 70. PG. 52 1.63'— 3.42' 23.10, Lq 19 .67, 1.65' C14- r 19.6 2 -62- j LAJ L6 LOT 6 101, I.N. 20060324000445010 #947 0 C-4 48 se bo 1.74' 0 C6 Z .6 I 0 g,8LTll(),p Gr I DAI*4! UTLER > l.1 4 c.No. 38395SION r AL 'O 0 8 16 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Rip-Rap Sheet: 4 of 7 DOCK, RIP-RAP, TIMBER & BULKHEAD RETURN Scale: 1"=8' Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA .\P.-,,G 6-1k P-1-9978..9�511\D91\91-101 '11912025 124MpMr I I LINKHORN BAY un FLOOD 1-3 10. EBB t^ NAG CEMENT ........... 5' �IJiIES\ 52 A.S. 70, tp �J �` P <) v 3.9 Cp CD 50.00 -4 C -7 V 8'20 C') !, �-10.88' � ` �-17.7 _ t_3Ba ` v �`�Li °°"�I\ v c f \0 0 0 39 p#0 0 r > LJ 0 LOT 6 I.N. 20060324000445010 ,V,XLTIJ op #947 Clq '0 C u Q_ 00 DAI*i UTLER IV 0.1 4 (n I c.No. 38395 SIGNAL 0 10 20 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Rip-Rap Sheet: 5 of DOCK, RIP-RAP, TIMBER & BULKHEAD RETURN Scale: 1"=10' r Date: Oct. 28,2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA WV-11,G Be &P-9478,9h�m E—h-Iltdg,S/19/2025 124MM,1:1 I � VALTH OF l V z v ` W N i W -j W w DA *t. UTLER v> `I` c.No. 38395 LINKHORN BAY 3 0. 1.63' J� I 9' FLOOD N I ONAL E EBB a 71 �a,p0„E 50.OD' - 3 I N c� Z N Z u� i� b, R I 1 °^° a o � ^ N LO G O C1,O N 3 O rn J o o w I N a LU 00 a I W z w ti !�j m Q IL I // z � h o �ul) •d 1.74' 6>. Ad 6 w CL o A p0 Jo �r 1 ¢6�, O CDP6 F,m m o N w LOT 6 LOT 6 0 I.N. 20060324000445010 I.N. 20060324000445010 r #947 #947 I I 60 O i EXHIBIT A 10 2i ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Timber& Retaining Wall I Sheet: 6 of 7 DOCK, RIP-RAP,TIMBER & BULKHEAD RETURN Scale: 1"=10' Date: Oct. 28, 2024 FOR G. BROCK POTTER, JR., TRUSTEE OF THE GALLUP G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS& ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W.WV ,.G.6, k P.O -W Bh,9N W-AD,a 91\91.101 En1h-e, g.5/19IM25 314M PM,1:1 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 4EALTH OIL 3. THIS PLAN IS BASED UPON A TOPOGRAPHICAL SURVEY PREPARED BY: O� KBJW, INC. DATED: 7-19-23 O 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF a RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. DA �` t- UTLERc.No. 383952� � w LINE TABLE SJONAL E� LINE BEARING DISTANCE L1 N86'00'00"E 56.84' L2 S29'38'00"E 123.82' L3 N71'38'00"E 50.00' ---- -------------------- ----- ---------------- _ ADJACENT OWNERS KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN DENNIS N. & BARBARA I.N. 202103063747 LOT 5, CANNON M.B. 70, 2408-92-6819 A. STEFANAKIS _ _SHORES PG. 52 CHER E. WYNKOOP & LOT 4, QUAIL POINT, M.B. 74, 2408-93-3164 2 I.N. 20100104000001320 JEFFREY W. FORDING 1 _ _ SECTION TWO � SYLVIA M GRAY INTER LOT 3 QUAIL POINT M.B., , 4, 3 IN. 20171214001066770 2408-93-5203 _ VIVOS TRUST_ _SECTION T_WO _ PG. 18 4� T. DAMALAS FAMILY, LLCM I.N. 202100004682 LOT 7, CANNON M.B. 70, 2408-92-9922 -1--- - ---- -- ----------- --SHORES PG. 52 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, BOATHOUSE, FLOATING DOCK, FIXED Sheet Name: Notes &Tables Sheet: 7 of 7 DOCK, RIP-RAP,TIMBER & BULKHEAD RETURN Scale: NA Date: Oct. 28, 2024 FOR GALLUP G. BROCK POTTER, JR., TRUSTEE OF THE G. BROCK POTTER, JR. REVOCABLE TRUST SURVEYORS & ENGINEERS LOCATED ON 323 FIRST COLONIAL ROAD LOT 6, CANNON SHORES VIRGINIA BEACH,VIRGINIA 23454 M.B. 70, PG. 52 GPIN: 2408-92-7960 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA W lyon<r,G.Brork 4oner.917 6,Nh Sv 1\Dr .q,\91-101 E --dmem 9.S/191W0 324D0 VM,IA 28 ITEM— VI.J.3 ORDINANCES ITEM#77324 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a City-owned property,at the rear of 4305 Lookout Road re construct and maintain a variable width rip-rap,variable width wood dock,boat ramp and retaining wall, and to maintain an existing variable width bulkhead DISTRICT 9 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 July 1, 2025 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 LAKE JOYCE, LOCATED AT THE REAR 7 OF 4305 LOOKOUT ROAD. 8 9 WHEREAS, Thomas J. Needham and Eleta Needham(collectively the"Applicant"), 10 request permission to construct and maintain a variable width rip rap, a variable width wood 11 dock, a 10' x 16.65' boat ramp and a 6.39' retaining wall, and to maintain an existing 12 variable width bulkhead (collectively, the "Temporary Encroachment") into City-owned 13 property known as Lake Joyce (GPIN: 1570-80-2438), located at the rear of 4305 Lookout 14 Road (GPIN: 141570-90-2587); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City-owned property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 25 assigns and successors in title are authorized to construct and maintain the Temporary 26 Encroachments within the City-owned property as shown on the map entitled: "EXHIBIT A 27 ENCROACHMENT EXHIBIT SHOWING PROPOSED RETAINING WALL, RIP RAP, 28 DOCK, BOAT RAMP & EX. BULKHEAD FOR THOMAS J. NEEDHAM & ELETA 29 NEEDHAM I.N. 200402050021996 LOCATED ON LOT 13, BAYLAKE BEACH M.B. 41, 30 PG. 31 GPIN: 1570-90-2587" Scale: 1"=40', dated January 23, 2025 and revised through 31 April 2, 2025, prepared by Gallup Surveyors & Engineers, a copy of which is attached 32 hereto as Exhibit"A" and on file in the Department of Public Works and to which reference 33 is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 36 expressly subject to those terms, conditions and criteria contained in the agreement 37 between the City of Virginia Beach, and Thomas J. Needham and Eleta Needham (the 38 "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda and will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach. 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Thomas J. Needham and Eleta Needham and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t 50 day of July , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: c b C 02=-- P BL C WO KS / REAL ESTATE DA R. HARMEYER DEPUTY CITY ATTORNEY CA16718 R-2 Prepared SHEETINDEX Col OVERALL NOW OR FORMERLY 4tiALTH Op CO2 RETAINING WALL CITY OF VIRGINIA BEACH 0�1 Lf CO3 RIP-RAP D.B. 1018, PG. 154 C04 BULKHEAD GPIN: 1570-80-2438 rZ O .• C05 DOCK & BOAT RAMP LAKE JOYCE v DA UTLER C06 NOTES,TABLES&OWNERS PROPOSED q �I c.No. 38395 PROPOSED BULKHEAD WOOD DOCK PROPOSED PROPOSEDRIP-RAP OHW ALONG DA,O L RETURN WALL I EX. BULKHEAD PROPOSED PROPERTY LINE I (2) 12" MIMOSA FLEXAMAT EXTENDED N44'52'50'W 100.00' BOAT RAMP L, TREE PROTECTION �1 PROPERTY LINE Q�Ql`' TYPICAL Q�Q� EXTENDED LOT 13 N DECK N 7 1 rn d PATIO C LOT 12 M.B. 41, PG. 31 STORY BRICK HOUSE �j LOT 14 w M.B. 41, PG, 31 0 0 0 0 in in cn z 369.04' TO LOOKOUT CT. S44'52'50"E 100.00' LOOKOUT ROAD (50' R/W) M.B. 41. PG. 31 0 40 80 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Overall I Sheet: 1 of 6 PROPOSED RETAINING WALL, RIP RAP, DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=40' Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH,VIRGINIA WANeedham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:33 PM ��EALTA p�'L �O f v DAZ- UTLER a ` 1.34' ,I c.No. 38395 PROPOSED 8"WOOD PILE ON EXTENDED I ��SSIpN 1L PROPERTY LINE o� M �D PROPOSED RETURN WALL PROPOSED 8"WOOD PILE ON EXTENDED PROPERTY LINE I INOW OR FORMERLY A� CITY OF VIRGINIA BEACH 10 I D.B. 1018, PG. 154 GPI N: 1570-80-2438 LAKE JOYCE I � \ N PROPERTY LINE EXTENDED `14 I LOT 12 N44'52'50"W 100.00' M.B. 41, PG. 31 �1 LOT 13 0 5 10 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Retaining Wall Sheet: 2 of 6 PROPOSED RETAINING WALL, RIP RAP, DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=5' Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:33 PM 4V,pLTH op o\ PROPERTY LINE O� 1 o \� EXTENDED O �� C 1 9 p O u DA IWRN UTLER C c4 l c.No. 38395 o Opp O�l \ w �25 cy� O C3 C2 O 4.04 F a s`sIONA L ECG O `��' _j m 1� p 'gyp. SAS A9 � yam• � O' O 100 +rQ �6 PGA °F �o�S Q c') 01 < Q �oL p0 KEY RADIUS LENGTH Cl5.00, 7.66' O p. C2 1.00' 2.22' ID, I ,� C3 3.00' 2.76' b00� G� O P�� C4 1.00' 1.53' 41, PG. 31 PROPERTY LINE EXTENDED _ C LOT 12 �O M.B. 41, PG. 31 0� 0 15 30 EXHIBIT A r6r6e%==Mmm� ENCROACHMENT EXHIBIT SHOWING PROPOSED RETAINING WALL, RIP RAP, Sheet Name: Rip-Rap Sheet: 3 of 6 DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=15' 1 Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:34 PM ,ALT11 O, �01 PROPERTY LINE 0 L� EXTENDED h 7 0�.9. u DA *t. UTLER z `I c.No. 38395 co x \ a �yG41w \� NO v ONAL E O -j M. OOOD ��• FRS R9 k.P O>?p. �J�'� moo• 6►: � gyp., �QC, F o �Zr10 ?y hO 00 19 IVO M.B. 41, PG. 31 PROPERTY LINE EXTENDED i I-, 7 S0 �`p�pJ A , LOT 12 M.B. 41, PG. 31 0� 0 15 30 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RETAINING WALL, RIP RAP, Sheet Name: Bulkhead Sheet:4 of 6 DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=15' Date:Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:OS:34 PM 10.00'— - LAKE JOYCE a � IqT W m 'T Q NM 10.00' — w w Z d , o 0.33' F-- 1.00, ° C6 — c) DOCK O � � Z PROPOSED Z a FLEXAMAT 06 O } 6.00' I BOAT RAMP H U 0 I o I0 4.00' 0.33' 10.00' 24"�ALTHo� o ° U DA I UTLER ic in PROPERTY LINE c.No. 38395 W w EXTENDED SjONA L E� F1 L N44'52'50"W 100.00' LOT 13 149.20' LOT 14 N45'07'10"E M.B. 41, PG. 31 0 6 12 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Dock & Boat Ramp Sheet: PROPOSED RETAINING WALL, RIP RAP,5 of 6 DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=6' Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS 8t ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132 (757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:34 PM 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. ALTA 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY: ENGINEERING SURVICES INC.. DATED: 3-8-2002 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF U DAB UTLER Y RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. . c.No. 3839525 � o;O�)�s Sj()NAL E� _ ADJACENT OWNERS KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN STEPHANIE L. McMANUS LOT 12, M.B. 41, REACH & STANLEY SUMNER D.B. 3709, PG. 2133 B PG. 31 1570-90-3469 _ -------- -- BEACH -- ------ -- LOT 14, M.B. 41, PATRICIA ANN WOLFE I.N. 200509300159473 BAYLAKE PG. 31 1570-90-2613 BEACH EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: PROPOSED RETAINING WALL, RIP RAP,Notes &Tables Sheet: 6 of 6 DOCK, BOAT RAMP $ EX. BULKHEAD Scale: NA Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA WANeedham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:34 PM 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 , 20by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THOMAS J. NEEDHAM and ELETA NEEDHAM, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "13" as shown on that certain plat entitled: "BAYLAKE BEACH PRINCESS ANNE COUNTY, VA, PROPERTY OF PIONEER HOLDING CORP.," Scale: 1" = 100', dated April 1956, prepared by Jno M. Baldwin, C.E. R.S. Baldwin, C.L.S., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at page 31, and being further designated, known, and described as 4305 Lookout Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain 100 linear feet of rip rap, a variable width wood dock, a 10' x 16.65' boat ramp, a 6.39' retaining wall and to maintain an existing bulkhead (100 LF) into City-owned property known as Lake Joyce, located at the rear of 4305 Lookout Road (collectively, the "Temporary Encroachment"), in the City of Virginia Beach; and GPINS: 1570-80-2438 (CITY-OWNED PROPERTY KNOWN AS LAKE JOYCE) 1570-90-2587 GPIN (4305 LOOKOUT ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RETAINING WALL, RIP RAP, DOCK, BOAT RAMP & EX. BULKHEAD, FOR THOMAS J. & ELETA NEEDHAM LOCATED ON LOT 13, BAY ISLAND MB. 41, PG. 31," Scale: of 1" = 40', dated January 23, 2025 and revised through April 2, 2025, 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 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, THOMAS J. NEEDHAM and ELETA NEEDHAM, 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) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public 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: T as J. Needham Eleta Needham STATE OF VIRGINIA CITY/COUNTY OF �n;n W K to-wit: The foregoing instrument was acknowledged before me this day of 20Z5 by Thomas J. Needham and Eleta Needham, owners. R�JJPA(FZ< (SEAL) Notary Public Barbara Lee Stevens NOTARY PUBLIC Notary Registration Number: oZDoZ3 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, REGISTRATION NUMBER:262023 My Commission Expires: 31 AORY-7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM J P L"ORK REAL ESTATE R. HARMEYER DEPUTY CITY ATTORNEY SHEETINDEX Col OVERALL NOW OR FORMERLY ALT_q 0 CO2 RETAINING WALL CITY OF VIRGINIA BEACH 0�1 Lr CO3 RIP—RAP D.B. 1018, PG. 154 G� GPIN: 1570-80-2438 2 C04 BULKHEAD O ,. C05 DOCK & BOAT RAMP LAKE JOYCE U qDA� '• UTLER C06 NOTES,TABLES&OWNERS ` c.No. 38395 PROPOSED �25 PROPOSED BULKHEAD WOOD DOCK 0 PROPOSED PROPOSED OHW ALONG �S_lv AL RETURN WALL I EX. BULKHEAD PROPOSED PROPERTY LINE (2) 12- MIMOSA FLEXAMAT EXTENDED I N44'52'50"W 100.00' BOAT RAMP �1 TREE PROTECTION �1 PROPERTY LINE TYPICAL Q�Q� EXTENDED LOT 13 .e N DECK '004 Q 0; 1 , Pa b LOT 12 1 STORY M.B.41, PG. 31 BRICK HOUSE LOT 14 w M.B. 41, PG. 31 0 L0 0 0 N z 369.04' TO LOOKOUT CT, S44'52'50"E 100.00' LOOKOUT ROAD (50' R/VV) M.B. 41, PG. 31 0 40 80 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Overall I Sheet: 1 of 6 PROPOSED RETAINING WALL, RIP RAP, DOCK, BOAT RAMP 8 EX. BULKHEAD Scale: 1"=40' Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA I ��EALTg p�G IO f� u DA - UTLER 1.34' f `I� c.No. 38395 '� PROPOSED 8"WOOD O PILE D PROPERTY LINE ( 'pNA1L 'v> M 10 PROPOSED RETURN WALL PROPOSED 8"WOOD PILE ON EXTENDED PROPERTY LINE I � I NOW OR FORMERLY CITY OF VIRGINIA BEACH 143 D.B. 1018, PG. 154 GPIN: 1570-80-2438 _ LAKE JOYCE \ I N PROPERTY LINE EXTENDED `V \ I I LOT 12 N44'52'50"W 100.00' M.B. 41, PG. 31 �1 01 LOT 13 0 5 10 EXHIBIT A 1111111 ENCROACHMENT EXHIBIT SHOWING Sheet Name: Retaining Wall Sheet: PROPOSED RETAINING WALL, RIP RAP,2 of 6 DOCK BOAT RAMP 8 EX. BULKHEAD Scale: 1"=5' Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH } VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA LTH Op PROPERTY LINE EXTENDED O c1 0 9 v DAB UTLER �s.�.'` \ i Z `Ic.No. 38395 0 �+ooC'C4o n \ w co C3 C2 4.04. s`SIONA L ECG O �' _j v � '�O• ,�O S• Oj?0 O 170, QpgQ`QQ ��6 � PG'r F QUO ", �cOe-��O �� 00 KEY RADIUS LENGTH AN o�lb, �J� C1 5.00, 7.66' so 0 N O� C2 1.00' 2.22' D- C3 3.00' 2.76' C4 1.00' 1.53' �sOo- o• O 8�, � \ f s e) �► O \ �s M.B. 41, PG. 31 PROPERTY LINE EXTENDED SR 4. C�p�OJ u LOT 12 M.B. 41, PG. 31 0� 0 15 30 EXHIBIT A IIIIIII ENCROACHMENT EXHIBIT SHOWING PROPOSED RETAINING WALL, RIP RAP, Sheet Name: Rip-Rap Sheet: 3 of 6 DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=15' Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA '$tipLTjj Op �� PROPERTY LINE p G1 � EXTENDED O � v DAIt- UTLER ,�'*� z c` .No. 38395 ^ � M ,25 w� •8�, f�� 's8• �r c� o ,2� w \ o SIONAL E� oo�o ? -J Q'�s. 'LRSQ9 4% , 01 ov oho o ,boti ,,. o� o � M.B. 41, PG. 31 PROPERTY LINE o�G� EXTENDED SAS• (Q_ LOT 12 M.B.41, PG. 31 0 15 30 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RETAINING WALL, RIP RAP, Sheet Name: Bulkhead Sheet: 4 of 6 DOCK BOAT RAMP 8� EX. BULKHEAD Scale: 1"=15' Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA 10.00'- ' - LAKE JOYCE co w a N 10.00'--- I �� Z a aoo c 0.33' I� 1.00, G LUoor 0 > LO O > DOCK � z 3: LL m n PROPOSED Z O FLEXAMAT } 6.00' I BOAT RAMP U 0 o 0 4.00' Ll 0.33' 10.00' --1.00, LTH O� O Lr r O � U DAI B UTLER zo ;� N PROPERTY LINE ` c.No. 38395 EXTENDED 4. S�ONA L E� F1 N44'52'50"W 100.00' LOT 13 149.20' LOT 14 N45'07'10"E M.B. 41, PG. 31 0 6 12 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING S Sheet:-Sheet Name: Dock& Boat Ramp PROPOSED RETAINING WALL, RIP RAP, 5 of 6 DOCK BOAT RAMP & EX. BULKHEAD Scale: 1"=6' 1 Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. ALTA 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. �lti OF 3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY: 01 Lj ENGINEERING SURVICES INC.. Or DATED: 3-8-2002 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF U DAB UTLER RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. c.No. 3839525 � SSJONAL ECG __ ADJACENT OWNERS ----------- —----- ------------- KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN STEPHANIE L. McMANUS LOT 12, M.B. 41, & STANLEY SUMNER D.B. 3709, PG. 2133 BAYLAKE PG. 31 1570-90-3469 --- - ----- -- - ------- — BEACH ---LOT 14 — _ M.B. 41, ------- PATRICIA ANN WOLFE I.N. 200509300159473 BAYLAKE PG. 31 1570-90-2613 --- -- _ _— BEACH EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Notes &Tables Sheet: 6 of 6 PROPOSED RETAINING WALL, RIP RAP, DOCK, BOAT RAMP & EX. BULKHEAD Scale: NA Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS & ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA SHEETINDEX Col OVERALL NOW OR FORMERLY a]�P'LTH AFL CO2 RETAINING WALL CITY OF VIRGINIA BEACH 0�' 1 CO3 RIP—RAP D.B. 1018, PG. 154 coa BULKHEAD GPIN: 1570-80-2438 U C05 DOCK & BOAT RAMP LAKE JOYCE DA UTLER C06 NOTES TABLES&OWNERS `IC.No. 38395 PROPOSED q � PROPOSED BULKHEAD WOOD DOCK PROPOSED RIP-RAP OHW ALONG �SSIONAL ECG` PROPOSED EX. BULKHEAD RETURN WALL v r� PROPOSED PROPERTY LINE I (2) 12` MIMOSA FLEXAMAT EXTENDED N44'52'50"W 100.00' BOAT RAMP Q\Q TE TREE PROTECTION ��1 PROPERTY LINE Q�Q EXTENDED LOT 13 14, 0 DECK 0 � PATIO � C LOT 12 1 STORY M.B. 41, PG. 31 BRICK HOUSE LOT 14 LiM.B.41, PG. 31 0 0 0 0 U) Z 369.04' TO LOOKOUT CT. S44'52'50"E 100.00' LOOKOUT ROAD (50' RM/) M.B. 41, PG. 31 0 40 80 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Overall Sheet: 1 of 6 PROPOSED RETAINING WALL, RIP RAP, DOCK, BOAT RAMP & EX. BULKHEAD Sc :ale 1"=40' Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS& ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:33 PM �tNLTIH OF p� Gr o v DAt� UTLER `l` c.No. 38395 1.34' PROPOSED 8"WOOD PILE ON EXTENDED PROPERTY LINE �SSjONAL o> M PROPOSED RETURN WALL PROPOSED 8"WOOD PILE ON EXTENDED PROPERTY LINE NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 1018, PG. 154 C GPIN: 1570-80-2438 \ Ici LAKE JOYCE N PROPERTY LINE EXTENDED N �i LOT 12 N44'52'50"W 100.00' M.B. 41, PG. 31 �1 LOT 13 0 5 10 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RETAINING WALL, RIP RAP, Sheet Name: Retaining Wall Sheet: 2 of 6 DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=5' 1 Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS& ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:33 PM EALTH pF PROPERTY LINE 0�� Lf moo �� EXTENDED c1 u DA` UTLER s C C4 �� `'� \ .� � .No. 38395 0 '4p, C M cy�`, 25 Q 3 C2 a- � �O �SSIONAL ��G O ?sip. �'st,R9 J cd `SOj;p, p O Q0 ,r -`0 A PGA F o p� 0 Q O� 00 KEY RADIUS LENGTH 6, C1 5.00, 7.66' 0 C2 1.00' 2.22' �• -1 p ��' C3 3.00' 2.76' C4 1.00' 1.53' s 00 fs N IVO ►� ��S M.B. 41, PG. 31 ---_--— PROPERTY LINE o� EXTENDED01 _--- - --- LOT 12 M.B. 41, PG. 31 0 15 30 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Rip-Rap Sheet: 3 of 6 PROPOSED RETAINING WALL, RIP RAP,DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=15' 1 Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS& ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:34 PM EALTH p �o& PROPERTY LINE O1s`� F Lr EXTENDED u DA -- UTLER `I c.No. 38395 > >� o v ssIpNAL 'V- cq �G �Of V Oj'p, 10, °q.-QO Azk �9 ho <5 O -------- ?�9• M.B. 41, PG. 31 =- PROPERTY LINE -- EXTENDED ---- - Q LOT 12 01 M.B. 41, PG. 31 0 15 30 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Bulkhead Sheet: 4 of 6 PROPOSED RETAINING WALL, RIP RAP,DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=15' 1 Date: Jan. 23, 25 Revised:Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS& ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:0S:34 PM I — 10.00, } a o LAKE JOYCE JW � M SZ Im 10.00, � ZOoCo c 0.33' � 1.00' a 0 LL rl- I �� 0� — o DOCK 0 > — .. 3: LL 00 ? PROPOSED O O o 0- FLEXAMAT Z H 6.00' I BOAT RAMP U 0 o 0 4.00' 0.33' 1.00, 10.00' NLTli O� U DAZE UTLER PROPERTY LINE EXTENDED c.No. 3839525 co m co SJONAL E' N44'52'50"W 100.00' Q�Q� 0 LOT 13 149.20' LOT 14 N45'07'10"E M.B. 41, PG. 31 0 6 12 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Dock& Boat Ramp Sheet: 5 of 6 PROPOSED RETAINING WALL, RIP RAP,DOCK, BOAT RAMP & EX. BULKHEAD Scale: 1"=6' Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS 8 ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:34 PM 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. ALTR 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS PLAN IS BASED UPON A PHYSICAL SURVEY PREPARED BY: O 1 ENGINEERING SURVICES INC.. DATED: 3-8-2002 p 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF U DA fj�,! UTLER RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. �I` c.No. 38395 �SSIONAL ENG` ADJACENT OWNERS KEY OWNER INSTRUMENT LEGAL INSTRUMENT GPIN STEPHANIE L. McMANUS LOT 12, M.B. 41, & STANLEY SUMNER D.B. 3709, PG. 2133 BAYLAKE PG. 31 1570-90-3469 BEACH LOT 14, M.B. 41, PATRICIA ANN WOLFE I.N. 200509300159473 BAYLAKE PG. 31 1570-90-2613 BEACH EXHIBIT A ENCROACHMENT EXHIBIT SHOWING Sheet Name: Notes&Tables Sheet: 6 of 6 PROPOSED RETAINING WALL, RIP RAP,DOCK, BOAT RAMP & EX. BULKHEAD Scale: NA I Date: Jan. 23, 25 Revised: Apr. 2, 25 FOR GALLUP THOMAS J. NEEDHAM & ELETA NEEDHAM SURVEYORS& ENGINEERS I.N. 200402050021996 323 FIRST COLONIAL ROAD LOCATED ON LOT 13, BAYLAKE BEACH VIRGINIA BEACH,VIRGINIA 23454 M.B. 41, PG. 31 GPIN: 1570-90-2587 (757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA W:\Needham,Thomas&Eleta-4305 Lookout Road\Drawings\24-26 Encroachment.dwg,4/2/2025 4:05:34 PM 29 ITEM— VI.J.4 ORDINANCES ITEM#77325 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$6,402 from the Commonwealth to the FY2025- 26 Office of the Voter Registrar Operating Budget re provide salary adjustments approved by the General Assembly 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 July 1, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE COMMONWEALTH TO THE FY 2025-26 3 OPERATING BUDGET OF THE OFFICE OF THE VOTER 4 REGISTRAR 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $6,402 is hereby accepted from the Commonwealth and appropriated, with 10 revenue increased accordingly, to the FY 2025-26 Operating Budget of the Office of the 11 Voter Registrar to fund salary adjustments approved by the General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day of July , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APP VED AS TO LEGAL SUFFICIENCY.- Budget and M nagement Services City Attorney's Office CA16914 R-1 June 17, 2025 30 ITEM— VI.J 5 ORDINANCES ITEM#77326 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE $603,546 from the fund balance of the General Fund and $98,252 from the fund balance of the Tourism Investment Program (TIP) Fund to the FY2025-26 Non- Departmental Operating Budget re City's participation in Hampton Roads Transit's Transportation Service Plan 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 July 1, 2025 1 AN ORDINANCE TO APPROPRIATE FUNDING FOR 2 HAMPTON ROADS TRANSIT 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 1. $603,546 is hereby appropriated from the fund balance of the General 8 Fund, with revenues increased accordingly, to the FY 2025-26 Non-Departmental 9 Operating Budget for the City's participation in Hampton Roads Transit's Transportation 10 Service Plan. 11 12 2. $98,252 is hereby appropriated from the fund balance of the Tourism 13 Investment Program Fund, with revenues increased accordingly, to the FY 2025-26 Non- 14 Departmental Operating Budget for the City's participation in Hampton Roads Transit's 15 Transportation Service Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day of Ju 1 y , 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Budget and-Management Services ttorney's Office CA16918 R-1 June 17, 2025 31 ITEM— VLJ.6 ORDINANCES ITEM#77327 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT,Ordinance to APPROPRIATE$610,000 from the Police Federal&State Seized Assets Special Revenue Fund to the FY2025-26 Police Department Operating Budget re police software,equipment,and training 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 July 1, 2025 1 AN ORDINANCE TO APPROPRIATE $610,000 OF FUND 2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $610,000 is hereby appropriated, with revenues increased accordingly, from 10 the fund balance of the Police Federal & State Seized Assets Special Revenue Fund to 11 the FY 2025-26 Police Department Operating Budget for police software, equipment, and 12 training. The City makes no commitment to replace any equipment purchased with these 13 funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 st day of July 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7D Budget a d nagement Services Attorney's Office CA16915 R-1 June 17, 2025 32 ITEM— VI.J.7 ORDINANCES ITEM#77328 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to DONATE a vehicle to the Currituck County Sheriff Department 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. `Jloash" Schulman and Rosemary Wilson Council Members Absent: None July 1, 2025 1 AN ORDINANCE TO DONATE A VEHICLE TO THE 2 CURRITUCK COUNTY SHERIFF'S DEPARTMENT 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 The donation of a Lenco Armored Personnel Carrier to the Currituck County 8 Sheriffs Department is hereby authorized. The vehicle is to be donated in "as is, where 9 is" condition. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of July , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and UfKagement Services Cit ttorney's Office CA16917 R-1 June 17, 2025 33 ITEM— VI.K APPOINTMENTS ITEM#77329 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN RE VIEW BOARD MINORITY BUSINESS COUNCIL PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES AD VISOR Y BOARD STORMWA TER APPEALS BOARD TRANSITION AREAIINTERFA CILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE July 1, 2025 34 ITEM— VI.K APPOINTMENTS ITEM#77330 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: MICHAEL MA UCH Represents Planning Commission Unexpired term thru 813112025 STORMWATER MANAGEMENT IMPLEMENTA TIONAD VISORY GROUP 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 July 1, 2025 35 ADJOURNMENT ITEM#77331 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:16 P.M. 4 errs elius Chief Deputy City Clerk Amanda Barnes,MMC Robert M.Dyer City Clerk Mayor City of Virginia Beach Virginia July 1, 2025 36 OPEN DIALOGUE The following registered to speak.- Tom Forrest, 2420 Ocean Shore Crescent#302, Phone: 460-5466, expressed concerns that parking signs displaying fees do not match fees charged at the Oceanfront parking garage where he parked. Martha Davenport, 1206 Laskin Road, Phone: 567-9304, spoke to express opposition to the meal tax increase JB Maas, 1712 Middlemost Key, Phone: 414-3040, spoke to express opposition to the meal tax increase Alan Wakefield, 500 Cedar Lane, Phone: 284-4851, explained he is handicapped and has trouble walking and has felt harassed by police for riding his segway on the Boardwalk and expressed there is also a lack of handicap parking at the Oceanfront Debbie Lou Hague, 1105 Chumley Road, Phone: 428-4943, spoke to express opposition to the meal tax increase Georgia Allen, 4649 Merrimac Lane, Phone: 405-6240, spoke to express opposition to the voting system referendum Bernita Richardson,5352 Garnett Pointe Court,Phone:535-3343,spoke to express opposition to the voting system referendum and her support for the 10-1 voting system Dr.Eric Majette, 4237 Turnworth Arch,Phone: 729-7040,spoke to express opposition to the voting system referendum and asked the public to vote "yes"to the referendum question on the November ballot Channing Tuttle,821 Raymond Court,Phone:202-0251,advised she is a former City employee who worked in the Planning Department in 2024, and expressed her concerns of a continued toxic work environment Holli Martir, 4165 Rainbow Drive, Phone: 339-5325, expressed her frustration with City Council concerning tax increases and her financial hardship Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003, expressed her frustration with the Republican Party and loss offederal fundingfor the City public schools Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Phone: 410-0008, did not respond ADJOURNED AT 6:48 P.M. July 1, 2025