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HomeMy WebLinkAbout9-2-2025 FORMAL SESSION AGENDA 4G1N1A.BFAC City • U xrY Virginia ' A {S 5 0 Uf BUR NATION City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash" Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 CJacksonGreen@VBgov.com 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberiucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 StCummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenley@VBgov.com 1 757-426-7501 ivrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 ichulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com. City Council Appointees Patrick A. Duhaney City Hall, Building 1 City Manager 2401 Courthouse Drive Mark D. Stiles Virginia Beach, VA 23456 City Attorney Phone: 757-385-4303 Lyndon S. Remias City Auditor Fax: 757-385-5669 Amanda Barnes City Clerk Sue Cunningham City Real Estate Assessor City Council Agenda September 2, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIUS BRIEFING -CITY COUNCIL CONFERENCE ROOM- 1. HAMPTON ROADS TRANSIT (HRT) SYSTEM OPTIMIZATION PLAN 1:30 P.M. William Harrell, President & CEO— Hampton Roads Transit Ray Amoruso, Chief Planning and Development Officer— Hampton Roads Transit (Requested by Mayor Dyer) II. CITY MANAGER'S BRIEFING 1. PENDING PLANNING ITEMS 2:15 P.M. Kaitlen Alcock, Planning Administrator III. CITY COUNCIL LIAISON REPORTS 2:30 P.M. IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 P.M. V. CITY COUNCIL AGENDA REVIEW 3:15 P.M. VI. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS—AUGUST 12, 2025 2. INFORMAL AND FORMAL SESSIONS—AUGUST 19, 2025 H. MAYOR'S PRESENTATION 1. RECOGNITION OF ZERO WASTE AWARENESS WEEK Terry Stevens, Chair and Members of the Virginia Beach Clean Community Commission I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 35-64 of the City Code re general prerequisites for Elderly and Disabled Tax Relief Program (Requested by Council Members Berlucchi, Hutcheson and Schulman) 2. Resolution to DESIGNATE August 315Y each year as International Overdose Awareness Day (Requested by Mayor Dyer and Council Members Berlucchi, Cummings and Schulman) 3. Resolution to NAME the 315Y Street Park as "The William D. Sessoms Jr. Neptune's Park" (Requested by Mayor Dyer, Vice-Mayor Wilson and Council Members Berlucchi, Cummings, Jackson-Green, Remick, Ross-Hammond and Schulman) 4. Ordinance to AUTHORIZE City Staff Support re the Timbaland Dedication Day Celebration at Salem High School (Requested by Mayor Dyer, Vice-Mayor Wilson and Council Members Hutcheson and Jackson-Green) 5. Ordinance to DECLARE City owned property at 333 Laskin Road to be in the EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale of the property to VB Laskin Road LLC re development into a multi-family residential, commercial and structured parking facility (City Council Request Deferral to October 21, 2025) 6. Resolution to APPROVE the City's participation re proposed settlement of Opioid-Related Claims 7. Resolution to APPROVE the FY-2026 Performance Contract with the Commonwealth of Virginia and ACCEPT and APPROPRIATE $124,650 from the Department of Behavioral Health and Developmental Services to the FY 2025-26 Human Services Operating Budget re Mental Health, Developmental and Substance Use Disorders 8. Resolution to SUPPORT the City's Application for the Virginia Department of Transportation (VDOT) Transportation Alternatives Set-Aside Program for FY 2027-28 9. Resolution to SUPPORT Revenue Sharing Project#100123, "Cleveland Street Improvements IV" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) 10. Resolution to SUPPORT Revenue Sharing Project#100564, "Holland Road Phase I" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) 11. Resolution to SUPPORT Revenue Sharing Project #100482, "Independence Boulevard/Edwin Drive Intersection" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) 12. Ordinance to AUTHORIZE temporary encroachment into a 5' City-owned property known as Lake Wesley and a drainage and utilities maintenance easement at the rear of 509 Kerry Lane re construct and maintain a timber floating pier, aluminum gangway,timber pier, four (4)timber piles, vinyl bulkhead channel ward of existing bulkhead with return walls, concrete patio and timber piles DISTRICT 5 13. Ordinance to AUTHORIZE temporary encroachments into a City-owned right-of-way known as Virginia Dare Drive at the front of 525 Virginia Dare Drive re construct and maintain a 48" metal fence with six (6) masonry columns and gate DISTRICT 5 14. Ordinance to AUTHORIZE temporary encroachments into a City-owned rights-of-way known as Ocean Front Avenue and 63rd Street adjacent to 6300 Ocean Front Avenue re maintain existing trees, landscaping, retaining walls, concrete and stairs and install and maintain landscaping DISTRICT 6 15. Ordinance to ACCEPT and APPROPRIATE $7-Million from the Virginia Resources Authority Virginia Community Flood Preparedness Fund to the FY 2025-26 Public Works Operating Budget for Capital Project #100516, "Bow Creek Stormwater Park" re design and construction of drain improvements in the Bow Creek Stormwater Park 16. Ordinance to ACCEPT and APPROPRIATE $1,911,119 from the Virginia Department of Behavioral Health and Development Services (DBHDS), Virginia Department of Social Services (VBSS) and the Virginia Crisis Intervention Team Center (VACITC) to the FY 2025-26 Human Services Operating Budget re Workforce Development and Clinical programs 17. Ordinance to ACCEPT and APPROPRIATE $426,668 from the Virginia Department of Emergency Management to the FY 2025-26 Department of Information Technology Operating Budget re replacement of outdated infrastructure and radios to support the region's radio system ORION 18. Ordinance to ACCEPT and APPROPRIATE $60,000 from the fund balance of the Police Federal & State Seized Assets Special Revenue Fund to the FY 2025-26 Police Department Operating Budget re repurpose the unused lockup space at the 3rd Precinct into a dedicated office area for the Crime Suppression Squad 19. Ordinance to ACCEPT and APPROPRIATE $43,408.47 from the Tidewater Emergency Medical Services Council, Inc. to the FY 2025-26 Department of Emergency Medical Services Operating Budget re medication kit transition support adjustments 20. Ordinance to ACCEPT and APPROPRIATE $35,000 from the Virginia Department of Criminal Justice Services via the Southern Virginia Internet Crimes Against Children (ICAC) Task Force and the Bedford County Sheriff's Office to the FY 2025-26 Police Department Operating Budget re overtime and supplies/equipment 21. Ordinance to APPROPRIATE $296,787 from the fund balance of the Technology Trust Fund to the FY 2025-26 Clerk of Circuit Court Operating Budget re support technological needs and upgrades 22. Ordinance to TRANSFER $446,105 within the FY 2025-26 Public Works Operating Budget re purchase of capital equipment for the concrete crew K. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • AGRICULTURE ADVISORY COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF BUILDING CODE APPEALS • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT REVIEW &ALLOCATION COMMITTEE • DEFERRED COMPENSATION BOARD • DEVELOPMENT AUTHORITY • HEALTH SERVCES ADVISORY BOARD • HISTORIC PRESERVATION COMMISSION • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • MINORITY BUSINESS COUNCIL • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • RESORT ADVISORY COMMISSION • PERSONNEL BOARD • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • SOCIAL SERVICES ADVISORY BOARD • STORMWATER APPEALS BOARD • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 2, 2025. I. CITY COUNCIUS BRIEFING -CITY COUNCIL CONFERENCE ROOM- 1. HAMPTON ROADS TRANSIT (HRT) SYSTEM OPTIMIZATION PLAN 1:30 P.M. William Harrell, President & CEO — Hampton Roads Transit Ray Amoruso, Chief Planning and Development Officer— Hampton Roads Transit (Requested by Mayor Dyer) II. CITY MANAGER'S BRIEFING 1. PENDING PLANNING ITEMS 2:15 P.M. Kaitlen Alcock, Planning Administrator III. CITY COUNCIL LIAISON REPORTS 2:30 P.M. IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 P.M. V. CITY COUNCIL AGENDA REVIEW 3:15 P.M. :M� _,_ VI. INFORMAL SESSION -CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 3:30 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS—AUGUST 12, 2025 2. INFORMAL AND FORMAL SESSIONS—AUGUST 19, 2025 H. MAYOR'S PRESENTATION 1. RECOGNITION OF ZERO WASTE AWARENESS WEEK Terry Stevens, Chair and Members of the Virginia Beach Clean Community Commission I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 35-64 of the City Code re general prerequisites for Elderly and Disabled Tax Relief Program (Requested by Council Members Berlucchi, Hutcheson and Schulman) 2. Resolution to DESIGNATE August 31st each year as International Overdose Awareness Day (Requested by Mayor Dyer and Council Members Berlucchi, Cummings and Schulman) 3. Resolution to NAME the 315Y Street Park as "The William D. Sessoms Jr. Neptune's Park" (Requested by Mayor Dyer, Vice-Mayor Wilson and Council Members Berlucchi, Cummings, Jackson-Green, Remick, Ross-Hammond and Schulman) 4. Ordinance to AUTHORIZE City Staff Support re the Timbaland Dedication Day Celebration at Salem High School (Requested by Mayor Dyer, Vice-Mayor Wilson and Council Members Hutcheson and Jackson-Green) 5. Ordinance to DECLARE City owned property at 333 Laskin Road to be in the EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale of the property to VB Laskin Road LLC re development into a multi-family residential, commercial and structured parking facility (City Council Request Deferral to October 21, 2025) 6. Resolution to APPROVE the City's participation re proposed settlement of Opioid-Related Claims 7. Resolution to APPROVE the FY-2026 Performance Contract with the Commonwealth of Virginia and ACCEPT and APPROPRIATE $124,650 from the Department of Behavioral Health and Developmental Services to the FY 2025-26 Human Services Operating Budget re Mental Health, Developmental and Substance Use Disorders 8. Resolution to SUPPORT the City's Application for the Virginia Department of Transportation (VDOT) Transportation Alternatives Set-Aside Program for FY 2027-28 9. Resolution to SUPPORT Revenue Sharing Project#100123, "Cleveland Street Improvements IV" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) 10. Resolution to SUPPORT Revenue Sharing Project#100564, "Holland Road Phase I" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) 11. Resolution to SUPPORT Revenue Sharing Project #100482, "Independence Boulevard/Edwin Drive Intersection" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) 12. Ordinance to AUTHORIZE temporary encroachment into a 5' City-owned property known as Lake Wesley and a drainage and utilities maintenance easement at the rear of 509 Kerry Lane re construct and maintain a timber floating pier, aluminum gangway,timber pier,four(4)timber piles, vinyl bulkhead channel ward of existing bulkhead with return walls, concrete patio and timber piles DISTRICT 5 13. Ordinance to AUTHORIZE temporary encroachments into a City-owned right-of-way known as Virginia Dare Drive at the front of 525 Virginia Dare Drive re construct and maintain a 48" metal fence with six (6) masonry columns and gate DISTRICT 5 14. Ordinance to AUTHORIZE temporary encroachments into a City-owned rights-of-way known as Ocean Front Avenue and 63rd Street adjacent to 6300 Ocean Front Avenue re maintain existing trees, landscaping, retaining walls, concrete and stairs and install and maintain landscaping DISTRICT 6 15. Ordinance to ACCEPT and APPROPRIATE $7-Million from the Virginia Resources Authority Virginia Community Flood Preparedness Fund to the FY 2025-26 Public Works Operating Budget for Capital Project#100516, "Bow Creek Stormwater Park" re design and construction of drain improvements in the Bow Creek Stormwater Park 16. Ordinance to ACCEPT and APPROPRIATE $1,911,119 from the Virginia Department of Behavioral Health and Development Services (DBHDS), Virginia Department of Social Services (VBSS) and the Virginia Crisis Intervention Team Center (VACITC) to the FY 2025-26 Human Services Operating Budget re Workforce Development and Clinical programs 17. Ordinance to ACCEPT and APPROPRIATE $426,668 from the Virginia Department of Emergency Management to the FY 2025-26 Department of Information Technology Operating Budget re replacement of outdated infrastructure and radios to support the region's radio system ORION 18. Ordinance to ACCEPT and APPROPRIATE $60,000 from the fund balance of the Police Federal & State Seized Assets Special Revenue Fund to the FY 2025-26 Police Department Operating Budget re repurpose the unused lockup space at the 3rd Precinct into a dedicated office area for the Crime Suppression Squad 19. Ordinance to ACCEPT and APPROPRIATE $43,408.47 from the Tidewater Emergency Medical Services Council, Inc. to the FY 2025-26 Department of Emergency Medical Services Operating Budget re medication kit transition support adjustments 20. Ordinance to ACCEPT and APPROPRIATE $35,000 from the Virginia Department of Criminal Justice Services via the Southern Virginia Internet Crimes Against Children (ICAC) Task Force and the Bedford County Sheriff's Office to the FY 2025-26 Police Department Operating Budget re overtime and supplies/equipment 21. Ordinance to APPROPRIATE $296,787 from the fund balance of the Technology Trust Fund to the FY 2025-26 Clerk of Circuit Court Operating Budget re support technological needs and upgrades 22. Ordinance to TRANSFER $446,105 within the FY 2025-26 Public Works Operating Budget re purchase of capital equipment for the concrete crew sfN�& '1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 35-64 of the City Code Regarding General Prerequisites for Elderly and Disabled Tax Relief MEETING DATE: September 2, 2025 ■ Background: The Virginia Constitution allows a locality to provide tax relief to °persons not less than sixty-five years of age or persons permanently and totally disabled." (Va. Const. Art. X, Sec. 6(b)). The City has adopted a local Elderly and Disabled Tax Relief Program. This program provides tax relief in the form of full and partial tax exemptions or the election to freeze one's tax bill. Each year as part of the budget process, the City Council reviews the eligibility requirements and has grown the income limits to match the growth in real estate assessments. For Fiscal Year 2025- 2026, the following income limits apply: - Freeze program: $108,075 - 20% exemption: $82,830 - 40% exemption: $77,926 - 60% exemption: $73,020 - 80% exemption: $68,118 - 100% exemption: $63,212 The net combined financial worth limit for all participants is $350,000 excluding the value of the dwelling and land (not exceeding ten acres) upon which the dwelling is situated. The program works on a fiscal year basis. The Commissioner of the Revenue takes applications and qualifies persons for the fiscal year. The Commissioner does have an allowance for taking late applications for medical reasons or other exigent circumstances. The fiscal year structure to the program reflects the current accounting that recognizes the revenue from real estate taxes for properties in the program, and there is an offsetting appropriation reflecting the tax benefits of participants. The City Code requires the City Council to reduce the exemption/partial exemption/freeze if the total benefits exceed the appropriation. However, the City Council has historically appropriated additional funds instead of reducing the benefit. One of the requirements of the program is ownership of the dwelling for which tax relief is sought. This requirement is stated as follows: "The title to the property of which exemption or freeze is claimed is held, or partially held, on June 30 immediately preceding the taxable year, by the person or persons claiming [the benefit] and is occupied as the sole dwelling of such person or persons." This language creates a gap in the benefit when a participant sells his or her dwelling and purchases another home within the City during the fiscal year. ■ Considerations: The attached ordinance makes the tax benefit portable. It removes the June 30 ownership requirement for persons that are currently enrolled in Elderly and Disabled Tax Relief and are moving within the City. All other income and net worth limitations would apply to such person. The financial impact of this ordinance is anticipated to be negligible. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Requested by Councilmembers Berlucchi, Hutcheson, and Schulman REQUESTED BY COUNCILMEMBERS BERLUCCHI, HUTCHESON, AND SCHULMAN 1 AN ORDINANCE TO AMEND SECTION 35-64 OF 2 THE CITY CODE REGARDING GENERAL 3 PREREQUISITES FOR ELDERLY AND 4 DISABLED TAX RELIEF 5 6 SECTION AMENDED: 35-64 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. Section 35-64 of the City Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 35-64. - General Prerequisites to grant; effect of residency in hospital, nursing 15 home, etc, 16 17 (a) Either the exemption or freeze, but not more than one (1), as provided in this 18 division shall be granted to persons subject to the following provisions: 19 ' 20 (1) The title to the property for which exemption or freeze is claimed is held, or 21 partially held, on June 30 immediately preceding the taxable year, by the person 22 or persons claiming exemption, defen~a1 or freeze and is occupied as the sole 23 dwelling of such person or persons. Notwithstanding the preceding sentence, the I 24 June 30 ownership requirement shall not apply when the applicant is currently 25 enrolled in the exemption or freeze program, is moving within the city, and all 26 other income and net combined financial worth requirements continue to be met. 27 28 29 30 2. This ordinance shall apply to all applications and participants in the Elderly and # 31 Disabled Tax Relief Program for Fiscal Year 2025-26 and thereafter. i Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2025. 1 i APPROVED AS TO LEGAL SUFFICIENCY: I i i ttor e s ice CA16958 R-1 August 26, 2025 U554C" z� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Designating August 31 Each Year as International Overdose Awareness Day MEETING DATE: September 2, 2025 ■ Background: International Overdose Awareness Day brings a global community together every August 31 in an effort to end overdose and remember without stigma those who have died from drug overdoses. It is a platform that provides tools, resources, and a space for communities to connect and drive change. Through events held on August 31, communities honor the lives lost and the families impacted, recognize the first responders who respond to overdoses, raise awareness of overdose as a public health crisis, and stimulate action and discussion about overdose prevention and drug policy. On August 31 each year, landmarks across the world are lit in purple to demonstrate support for International Overdose Awareness Day. For the last several years, the City of Virginia Beach has illuminated two City buildings in purple on August 31, the Virginia Beach Convention Center and Building 20, the Emergency Communications & Citizen Services building. ■ Considerations: City Council hereby designates August 31 each year as International Overdose Awareness Day. The City Manager is directed to illuminate the Virginia Beach Convention Center and Building 20 with purple lighting in recognition of International Overdose Awareness Day on August 31 each year. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by Mayor Dyer and Councilmembers Berlucchi, Cummings, and Schulman REQUESTED BY MAYOR DYER AND COUNCILMEMBERS BERLUCCHI, CUMMINGS AND SCHULMAN 1 A RESOLUTION DESIGNATING AUGUST 31 EACH 2 YEAR AS INTERNATIONAL OVERDOSE 3 AWARENESS DAY 4 5 WHEREAS, International Overdose Awareness Day brings a global community 6 together every August 31 in an effort to end overdose and remember without stigma those 7 who have died from drug overdoses; and 8 9 WHEREAS, International Overdose Awareness Day is a platform that provides 10 tools, resources, and a space for communities to connect and drive change; and 11 12 WHEREAS, through events held on August 31, communities honor the lives lost 13 and the families impacted, recognize the first responders who respond to overdoses, raise 14 awareness of overdose as a public health crisis, and stimulate action and discussion 15 about overdose prevention and drug policy; and 16 17 WHEREAS, on August 31 each year, landmarks across the world are lit in purple 18 to demonstrate support for International Overdose Awareness Day; and 19 20 WHEREAS, for the last several years, the City of Virginia Beach has illuminated 21 two City buildings in purple on August 31, the Virginia Beach Convention Center and 22 Building 20, the Emergency Communications & Citizen Services building. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby designates August 31 each year as International 28 Overdose Awareness Day; and 29 30 That the City Manager is directed to illuminate the Virginia Beach Convention 31 Center and Building 20 with purple lighting in recognition of International Overdose 32 Awareness Day on August 31 each year. Adopted by the City Council of the City of Virginia Beach, Virginia on the day 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi6e CA16950 R-1 August 20, 2025 5� Sit 4 21, , J. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Naming the 31 st Street Park as "The William D. Sessoms Jr. Neptune's Park" MEETING DATE: September 2, 2025 ■ Background: William D. Sessoms, Jr. grew up in Virginia Beach, with his father Doug, his mother Willie, and his sister Barbara, all of whom were actively involved in the Virginia Beach community. After graduating from First Colonial High School and earning a business degree from Virginia Commonwealth University, he pursued a career in banking, becoming senior vice president of Wachovia Bank and president of TowneBank Virginia Beach, and retiring as President and CEO of Towne Financial Services Group. He was an active volunteer with Virginia Beach Volunteer Rescue Squad Station 14 for eight memorable years, beginning in 1997, where he proudly served along with friends and neighbors. He was first elected to the Virginia Beach City Council in 1988, beginning more than 23 years of dedicated service on the Council that included service as an at-large member, five terms as Vice Mayor, and three terms as the elected Mayor. During his tenure on the City Council, he worked to create jobs, improve the environment, strengthen communities, and improve the quality of life for the citizens of his beloved City, including his support of the Lake Gaston pipeline project, which provided the City a permanent water source and enabled the City's continued growth and prosperity. His service to the City of Virginia Beach extended beyond City Hall: he served as a director of the Virginia Beach Volunteer Rescue Squad Foundation, the Virginia Marine Science Museum, the Virginia Beach Neptune Festival, the Virginia Beach Central Business District Association, and Virginia Beach Vision, and he was instrumental in bringing the An Achievable Dream program to Seatack Elementary School. He has given his time and provided leadership to numerous civic and service organizations, including the American Heart Association, the Boys and Girls Club, Sentara Healthcare, the Virginia Beach Jaycees, the Life Saving Museum of Virginia, the Planning Council, and the Norfolk State University Foundation, and he served on the Boards of Visitors for both Old Dominion University and Eastern Virginia Medical School. He led fundraising efforts for survivors in the aftermath of the May 31St tragedy, and more recently, for families of the police officers who lost their lives in the line of duty. In addition to all of his public and civic accomplishments, he is most proud of Mollie, Kate, and Anne Douglas, his children with his beloved wife, Beverley. ■ Considerations: Virginia Beach has never had a stronger advocate than former Mayor Sessoms, for whom the City will always be "The Greatest City in the World." He has always loved the Oceanfront, where he surfed as he was growing up; where he supported redevelopment as a councilmember and mayor, including the restoration of the historic Cavalier Hotel and the development of the Hilton and Neptune's Park at 31st Street; and where he served, in 1997, as King Neptune of the Neptune Festival. This resolution acknowledges former Mayor Sessoms's many contributions to the City by naming Neptune's Park in his honor. ■ Public Information: The item will be advertised as part of the normal Council agenda process. ■ Attachment: Resolution Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmembers Berlucchi, Cummings, Jackson-Green, Remick, Ross-Hammond, and Schulman REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, CUMMINGS, JACKSON-GREEN, REMICK, ROSS-HAMMOND AND SCHULMAN 1 A RESOLUTION NAMING THE 31ST STREET PARK AS 2 "THE WILLIAM D. SESSOMS JR. NEPTUNE'S PARK" 3 4 WHEREAS, William D. Sessoms, Jr. grew up in Virginia Beach, with his father 5 Doug, his mother Willie, and his sister Barbara, all of whom were actively involved in the 6 Virginia Beach community; 7 8 WHEREAS, after graduating from First Colonial High School and earning a 9 business degree from Virginia Commonwealth University, he pursued a career in 10 banking, becoming senior vice president of Wachovia Bank and president of 11 TowneBank Virginia Beach, and retiring as President and CEO of Towne Financial 12 Services Group; 13 14 WEHREAS, he was an active volunteer with Virginia Beach Volunteer Rescue 15 Squad Station 14, for eight memorable years, beginning in 1997, where he proudly 16 served along with friends and neighbors; 17 18 WHEREAS, he was first elected to the Virginia Beach City Council in 1988, 19 beginning more than 23 years of dedicated service on the Council that included service 20 as an at-large member, five terms as Vice Mayor, and three terms as the elected Mayor; 21 22 WHEREAS, during his tenure on the City Council, he worked to create jobs, 23 improve the environment, strengthen communities, and improve the quality of life for the 24 citizens of his beloved City, including his support of the Lake Gaston pipeline project, 25 which provided the City a permanent water source and enabled the City's continued 26 growth and prosperity; 27 28 WHEREAS, his service to the City of Virginia Beach extended beyond City Hall: 29 he served as a director of the Virginia Beach Volunteer Rescue Squad Foundation, the 30 Virginia Marine Science Museum, the Virginia Beach Neptune Festival, the Virginia 31 Beach Central Business District Association, and Virginia Beach Vision, and he was 32 instrumental in bringing the An Achievable Dream program to Seatack Elementary 33 School; 34 35 WHEREAS, he has given his time and provided leadership to numerous civic and 36 service organizations, including the American Heart Association, the Boys and Girls 37 Club, Sentara Healthcare, the Virginia Beach Jaycees, the Life Saving Museum of 38 Virginia, the Planning Council, and the Norfolk State University Foundation, and he 39 served on the Boards of Visitors for both Old Dominion University and Eastern Virginia 40 Medical School; 41 42 WHEREAS, he led fundraising efforts for survivors in the aftermath of the May 43 311t tragedy, and more recently, for families of the police officers who lost their lives in 44 the line of duty; 45 46 WHEREAS, in addition to all of his public and civic accomplishments, he is most 47 proud of Mollie. Kate, and Anne Douglas, his children with his beloved wife; Beverley, 48 49 WHEREAS, Virginia Beach has never had a stronger advocate than former 50 Mayor Sessoms, for whom the City will always be "The Greatest City in the World," 51 52 WHEREAS, he has always loved the Oceanfront, where he surfed as he was 53 growing up; where he supported redevelopment as a councilmember and mayor, 54 including the restoration of the historic Cavalier Hotel and the development of the Hilton 55 and Neptune's Park at 31st Street. and where he served, in 1997, as King Neptune of 56 the Neptune Festival; and 57 58 WHEREAS, the City Council desires to acknowledge former Mayor Sessoms's 59 many contributions to the City by naming Neptune's Park in his honor; 60 61 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 62 VIRGINIA BEACH, VIRGINIA: 63 64 That the 31 st Street Park shall henceforth be known as. "The William D. Sessoms 65 Jr. Neptune's Park.' 66 67 Adopted by the City Council of the City of Virginia Beach. Virginia. this 68 day of . 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's'Olffice CA 16953 R-7 August 27, 2025 yib z> f s; r � .tL� �r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize City Staff Support for the Timbaland Dedication Day Celebration at Salem High School MEETING DATE: September 2, 2025 ■ Background: Timothy "Timbaland" Mosley, a Virginia Beach native, is an internationally recognized music producer, artist, and innovator whose contributions to music and culture have brought pride and recognition to the City of Virginia Beach. The City Council desires to honor Timbaland's legacy with a public dedication event to be held at Salem High School, with community participation anticipated to exceed 5,000 attendees. The City Council recognizes the importance of properly organizing, securing, and hosting this event in a manner that reflects the City's standards and ensures public safety, accessibility, and community engagement. ■ Considerations: The ordinance authorizes City employees to provide in-kind services in support of the event. ■ Public Information: The item will be advertised as part of the normal Council agenda process. ■ Attachment: Ordinance Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmembers Hutcheson and Jackson-Green REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS HUTCHESON AND JACKSON-GREEN 1 AN ORDINANCE TO AUTHORIZE CITY STAFF SUPPORT 2 FOR THE TIMBALAND DEDICATION DAY CELEBRATION 3 AT SALEM HIGH SCHOOL 4 5 WHEREAS, Timothy "Timbaland" Mosley, a Virginia Beach native, is an 6 internationally recognized music producer, artist, and innovator whose contributions to 7 music and culture have brought pride and recognition to the City of Virginia Beach: 8 9 WHEREAS, the City of Virginia Beach desires to honor Timbaland's legacy with a 10 public dedication event to be held at Salem High School, with community participation 11 anticipated to exceed 5,000 attendees; and 12 13 WHEREAS, the City Council recognizes the importance of properly organizing, 14 securing, and hosting this event in a manner that reflects the City's standards and ensures 15 public safety, accessibility, and community engagement; 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The celebration is a City sponsored event, and the City Manager is authorized to 21 direct City employees to provide in-kind services in support of the event. Adopted by the Council of the City of Virginia Beach. Virginia, on the day of 2025. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16954 / R-4 /August 27, 2025 �S HLA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring City Property Located at 333 Laskin Road to be in Excess of the City's Needs and 2) Authorizing the City Manager to Enter into a Purchase Agreement for the Sale of the Property to VB Laskin Road LLC PUBLIC HEARING: August 19, 2025 MEETING DATE: September 2, 2025 ■ Background: The City of Virginia Beach (the "City") owns property located at 333 Laskin Road (GPIN: 2418-91-8994) consisting of approximately 14,246 sq. ft. (0.327 acres) of land (the "Property"). The City has leased the Property to PJ Cheese, Inc. since 2011, which operates a Papa John's Pizza restaurant. The restaurant is in the process of relocating and expects to vacate the Property by Fall 2025. In December 2024, the City issued a Request for Proposals (RFP #ED-24-02) to identify a private party to redevelop the Property. After a review committee evaluated the two responsive proposals, staff recommended that VB Laskin Road LLC, a Virginia limited liability company, or an affiliated entity (the "Developer") acquire the Property for redevelopment. The Developer, who owns multiple adjacent parcels, proposed a redevelopment plan consisting of multi-family residential, commercial and a structured parking facility, with an estimated private capital investment of$64 million (the "Project"). City staff and representatives of the Developer have worked to develop a non-binding term sheet (the "Term Sheet") for development of the Project. The Term Sheet sets forth the conditions, obligations and responsibilities of the parties and is attached to the Ordinance as Exhibit A. ■ Considerations: The City would have the right to approve the scope of the Project and would have the right to reacquire the Property should the Developer fail to construct the Project. ■ Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on August 10, 2025, and will be held on August 19, 2025. Public information will also be provided through the normal City Council agenda process. ■ Recommendations: Approval. ■ Attachments: Ordinance, Summary of Terms (Exhibit A), Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager:�Ij /� 1 AN ORDINANCE 1) DECLARING CITY PROPERTY LOCATED 2 AT 333 LASKIN ROAD TO BE IN EXCESS OF THE CITY'S 3 NEEDS AND 2) AUTHORIZING THE CITY MANAGER TO 4 ENTER INTO A PURCHASE AGREEMENT FOR THE SALE 5 OF THE PROPERTY TO VB LASKIN ROAD LLC 6 7 WHEREAS, the City of Virginia Beach (the "City") owns property located at 333 8 Laskin Road (GPIN: 2418-91-8994) consisting of approximately 14,246 sq. ft. (0.327 9 acres) of land (the "Property"); 10 11 WHEREAS, the City acquired the Property subject to a lease to PJ Cheese, Inc., 12 which operates a Papa John's Pizza restaurant; 13 14 WHEREAS, the tenant is in the process of relocating and expects to vacate the 15 Property by Fall 2025; 16 17 WHEREAS, in December 2024, the City issued a Request for Proposals (RFP 18 #ED-24-02) to identify a private party to redevelop the Property; 19 20 WHEREAS, after a review committee evaluated the two responsive proposals, 21 staff recommended that VB Laskin Road LLC, a Virginia limited liability company, or an 22 affiliated entity (the "Developer") acquire the Property for redevelopment; 23 24 WHEREAS, the Developer, who owns multiple adjacent parcels, proposed a 25 redevelopment plan consisting of multi-family residential, commercial and a structured 26 parking facility, with an estimated private capital investment of $64 million (the 27 "Project"); 28 29 WHEREAS, City staff and representatives of the Developer have negotiated a 3 o non-binding term sheet (the "Term Sheet") for development of the Project, attached 31 hereto as Exhibit A; and 32 33 WHEREAS, the City Council is of the opinion that the Property is in excess of the 34 City's needs and the sale of the Property to the Developer is in the best interests of the 35 City. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA, 39 40 1. That the Property, consisting of approximately 14,246 sq. ft. (0.327 acres), 41 more particularly described on Exhibit B attached hereto and incorporated herein, is 42 hereby declared to be in excess of the needs of the City of Virginia Beach. 43 44 2. That the City Manager, or his designee, is hereby authorized to execute 45 any and all documents necessary for the sale of the Property as contemplated herein, 46 so long as the documents are substantially in accordance with the terms set forth on the 47 Summary of Terms, attached hereto as Exhibit A, and incorporated herein, and such 48 other terms, conditions or modifications as may be acceptable to the City Manager and 49 in a form deemed satisfactory by the City Attorney. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 52 of 12025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Economi Development CA16735 \\vbgov.comWfsl\applications\citylaw\cycom32\wpdocs\d030\p048\01063776 docx R-1 8/5/2025 2 EXHIBIT A TERM SHEET The City of Virginia Beach (the "City") is the owner of the approximately 0.327-acre parcel located at 333 Laskin Road(the"Property"). On December 1, 2024, the City issued its Requests for Proposals (RFP #ED-24-02) (the "RFP") seeking the purchase of the Property by a qualified respondent for the purpose of redevelopment of the Property. After a review of all responsive submittals to the RFP, the City determined that VB Laskin Road LLC (the "Developer") proposed the most beneficial reuse of the Property. Accordingly, representatives of the Developer and the City have discussed terms whereby the Developer would acquire and develop the Property. This Term Sheet is intended to reflect the shared understanding of the parties and their respective commitments. This Term Sheet is not intended to be a legally binding agreement, and all proposals outlined are subject to approval by the Developer and the City Council. Property: 0.327+/- acres of real property located at 333 Laskin Road, Virginia Beach, Virginia (GPIN: 2418-91-8994), more particularly described on Schedule 1, attached hereto. Owner/ Seller: The City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia. Purchaser/ Developer: VB Laskin Road LLC, a Virginia limited liability company, or affiliated entity. Price: $1.5 M(inclusive of City's easement interest in the alley at 301/Z Street), subject to downward adjustment up to $300,000 for existing utilities as set forth in Special Terms,below. Due Diligence: Purchaser to have 180 days from execution of purchase agreement to access Property for purpose of conducting studies and other due diligence. Closing: Forty-five(45)days from Site Plan approval including all permits for development of the Parcel. City to retain right to approve scope of Project prior to closing. Either party may terminate if Closing has not occurred within twenty-four months of the date of the Purchase Agreement. Project: The Developer to assemble the Property, along with 1.28+/- acres of adjacent parcels owned or controlled by the Developer (or its affiliates), and 0.16+/- acres of public right-of-way (if vacated after public process) for the purpose of constructing a multi-level,multi-use structure currently planned to consist of(i) 5- 6 levels of multi-family with 215+/-units, and(ii)20,000+/-square feet of ground floor retail/restaurant/office, and (iii) a 5-level parking deck with 330+/- spaces. The Developer's anticipated investment is $64M. 1 Construction Period: 20-24 months from construction commencement. Special Terms: The Developer to apply for closure(or partial closure)of alley known as 30%Street if right-of-way to be included in Project. The Developer responsible for all utility relocation and dedication of any public or private utility easements necessary for the Project. Recapture: The City to have the right to reacquire the Property for price paid at Closing if for reasons other than force majeure construction of the Project has not commenced within three(3)years of Closing. Price Adjustment: The Purchase Price may be adjusted downward up to $300,000 should during due diligence the Developer determine that a portion of the Property is undevelopable due to the presence of utilities or other existing impediments. This adjustment shall be on a per square foot basis based on the size of the impediment. This adjustment shall be $105.30 per square foot based on the size of the impediment. Definitive Documents: The parties recognize and agree that if the proposal outlined in this Term Sheet moves forward,there will be negotiated and prepared a more detailed development agreement that will contain additional terms,conditions and obligations to the terms stated herein. 2 SCHEDULE 1 (Legal Description) ALL THAT certain lot, tract or parcel of land together with the improvements thereon belonging,lying, situated and being in the City of Virginia Beach,Virginia and designated and described as: "SIX GENERAL CORPORATION D.B. 3188, PG. 1176 M.B. 5, PG. 151 GPIN 2418-91-8994," and further designated and described as "AREA TO BE ACQUIRED 14,000 SQ. FT. OR 0.321 ACRES" as shown on that certain plat entitled, "PLAT SHOWING PROPERTY AND EASEMENT TO BE ACQUIRED FROM SIX GENERAL CORPORATION BY THE CITY OF VIRGINIA BEACH FOR LASKIN ROAD GATEWAY PROJECT PHASE 1-A (CIP 2-143) VIRGINIA BEACH,VIRGINIA,"Scale: 1"=25',Dated March 29,2009 and revised through April 21, 2011, prepared by Precision Measurements, Inc. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110426000415010. [Subject to the covenants,conditions,restrictions, and casements of record] 3 LOCATION MAP 532 1 = 3104 O y y A ^ 300 n i+ LpSKt" >( 312 a a 31026 3102.2 R 316 T 324 370 328 �"� �•" ir; LASK1"R� ...� 213 225 221 Saa eo6 3" 2N 104 402 400 352 }Sfi 408 SK1"RV 11 lA 313 101 307 J19 317315 313 1013 725 327321 3017 329 327 �33 333 Laskin Road ~_ (GPIN: 2418-91-8994) 401 409 3006 30SN 3 1 2 S1 303 ✓�JAY.--_"`---� a 305 1p 307 n 3 n 317 n .+ D 3/9 401 '^ 30.1"ST m T 40S 30TH 51 2914 324 320 310 2957 336 332 3� 30TN St Zg5 1.405 2961-204 2953 2951407 � 2949 2909 29S1407 2921 2945 „2929 2925 VBCITY OF Disclosure VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION - - DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application VB Laskin Road, LLC Is Applicant also the Owner of the subject property? Yeso No If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes No0 If yes, name Representative: Andrew Shiff Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesONoo If yes, list the names of al/officers, directors, members, or trustees below AND businesses that have a parent-subsidiary' or affiliated business entity 1 relationship with the applicant. (Attach list if necessary.) Andrew Shiff, Daniel Shiff,Ashley Wiltshire Does the subject property have a proposed or pending purchaser? Yes Q9 No If yes, name proposed or pending purchaser: VB Laskin Road, LLC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No0 If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, O O cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor O © Martin Murden,SL Nusbaum Disclosure Statement I rev. May-2024 page 1 of 3 SECTION DISCLOSURE • - • SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 O Ashley Gates, Toole, Katz,Roemersma, LLP Architect/Designer/Landscape (j) © Poole & Poole Architects Architect/Land Planner Construction Contractor O 0 Engineer/Surveyor/Agent 0 ® Timmons Group Legal Services 0 O Robert P. Beaman III, Troutman, Pepper Locke APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. 90M 1c-96C9-4072-Digitally signed by Andrew Shiff 804a-716e3f4d60d9 Date. 06 901153.15-04'00/4d60d9 06/19/2025 Applicant Name (Print) Applicant Signature Date 1 'Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shores possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code § 2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm, business,trust, or unincorporated business? YesQNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes© Noo If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes O No 0 If yes, name the official or employee, and describe the nature of their interest. F__ PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, 0 cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor O O Accounting/Tax Return Preparation O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O O Engineer/Surveyor/Agent O O Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, / am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 H 4 p,�LS C1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the City's Participation in the Proposed Settlement of Opioid-Related Claims MEETING DATE: September 2, 2025 ■ Background: The City and the Virginia Office of the Attorney General have been engaged in national litigation against certain parties for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic. The litigation seeks to recover costs incurred and to be incurred in abating the opioid addiction epidemic that plagues Virginia communities. Virginia localities, including the City, and the Commonwealth, through counsel, negotiated the terms of a memorandum of understanding related to the allocation and use of recoveries from the litigation. The City Council on August 17, 2021, approved the City's participation in the Virginia Opioid Abatement Fund and the settlement allocation memorandum of understanding. The City Council has previously approved settlements with McKesson, Cardinal Health, AmerisourceBergen, Janssen, Teva, Allergan, Walmart, CVS, Walgreens, and Kroger, among other defendants. The attached resolution authorizes a settlement with Purdue Pharma/Sackler Family and eight other defendants (Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus). ■ Considerations: The City's outside opioid litigation counsel has recommended that the City participate in the settlement in order to recover its share of the funds that the settlement would provide, and the City Attorney concurs with that recommendation. This resolution approves the City's participation in the proposed settlement and the City's approval of the Purdue Pharma bankruptcy Plan. • Public Information: Dissemination pursuant to regular Council agenda process. ■ Recommendations: Adopt the attached resolution. ■ Attachments: Resolution Recommended Action: Approval Submitting DepartmentlAgency: Office of the City Attorney City Manager:U, 1 A RESOLUTION APPROVING THE CITY'S 2 PARTICIPATION IN THE PROPOSED 3 SETTLEMENT OF OPIOID-RELATED CLAIMS 4 5 WHEREAS, the opioid epidemic that has cost thousands of human lives across 6 the country also impacts the City of Virginia (the "City") by adversely impacting the 7 delivery of emergency medical, law enforcement, criminal justice, mental health and 8 substance abuse services, and other services by the City's various departments and 9 agencies; and 10 11 WHEREAS, the City has been required and will continue to be required to allocate 12 substantial taxpayer dollars, resources, staff energy and time to address the damage the 13 opioid epidemic has caused and continues to cause the citizens of the City; and 14 15 WHEREAS, the City filed suit against Purdue Pharma/Sackier Family and eight 16 other defendants (Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus) 17 ("Defendants") for their roles in the distribution, manufacture, and sale of the 18 pharmaceutical opioid products that have fueled the opioid epidemic that has harmed the 19 City and its citizens; and 20 21 WHEREAS, the City's suit seeks recovery of the public funds previously expended 22 and to be expended in the future to abate the consequences and harms of the opioid 23 epidemic, and 24 25 WHEREAS, settlement proposals have been negotiated that will cause 26 Defendants to pay to resolve opioid-related claims against it; and 27 28 WHEREAS, opioid-related litigation against Purdue Pharma resulted in Purdue 29 Pharma filing for bankruptcy and the City received a solicitation package containing the 30 Plan and the Disclosure Statement, which materials have been received and reviewed by 31 City's outside legal counsel; and 32 33 WHEREAS, the City has approved and adopted the Virginia Opioid Abatement 34 Fund and Settlement Allocation Memorandum of Understanding (the "Virginia MOU"), and 35 affirms that the pending settlement with Defendants shall be considered "Settlements" 36 that are subject to the Virginia MOU, and shall be administered and allocated in the same 37 manner as the opioid settlements entered into and approved by the City Council; and 38 39 WHEREAS, the City's outside opioid litigation counsel has recommended that the 40 City participate in the settlements in order to recover its share of the funds that the 41 settlements would provide; and 42 43 WHEREAS, the City Attorney has reviewed the available information about the 44 proposed settlement and concurs with the recommendation of outside counsel; and 45 46 WHEREAS, the Virginia Attorney General has also indicated support for the 47 settlements statewide, including the Purdue Pharma bankruptcy Plan. 48 49 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH, VIRGINIA, THAT: 51 52 The City Council approves of the City's participation in the proposed settlement of 53 opioid-related claims against Defendants and directs the City Attorney and/or the City's 54 outside counsel to execute the documents necessary to effectuate the City's participation 55 in the settlement, including the required release of claims against the settling entity and 56 voting to approve the Purdue Pharma bankruptcy Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16956 R-2 Auoust 25, 2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve a Contract with the Commonwealth of Virginia for Mental Health, Developmental, and Substance Use Disorders, and to Accept and Appropriate State Funds MEETING DATE: September 2, 2025 ■ Background: The Commonwealth of Virginia, through its Department of Behavioral Health and Developmental Services (DBHDS), provides funding for Mental Health, Developmental, and Substance Use Disorder services through a performance contract with local Community Services Boards (CSB) and Behavioral Health Authorities. This contract specifies the services to be provided by the CSB, the costs of those services, all revenues used to support the services, lists all state and federal statutory and regulatory requirements applicable to the CSB, and contains outcome and performance measures for the CSB. Under the provisions of§ 37.2-509(A)(5) of the Code of Virginia, DBHDS requires localities to match a minimum of 10% of the total amount of state and local funds. The City of Virginia Beach exceeds this minimum. ■ Considerations: Pursuant to § 37.2-508 of the Code of Virginia, the contract provides a substantial amount of funding needed to maintain important CSB services. The funding sources that support the $78,761,549 final approved contract consist of: o $27,343,696 in total fee revenue, o $20,110,271 in revenue from the Commonwealth, o $ 3,062,096 in federal revenue, o $ 1,863,120 in revenue from other sources, and o $26,382,366 in local matching funds from the City, On August 14, 2025, the Virginia Beach CSB voted to approve the FY 2026 Performance Contract and to move it forward to City Council for final approval. The majority of these funds were appropriated with the adoption of the FY 2025-26 Operating Budget; however, a net state funding increase of$124,650 needs to be appropriated. ■ Public Information: This item will be advertised as part of the regular Council Agenda process. As required by law, the performance contract was made available for public comment for a period of 30 days. The 30-day public comment period occurred June 23, 2025 - July 23, 2025. ■ Attachments: Resolution; Exhibit A (Performance Contract Summary) Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: /�p 1 A RESOLUTION TO APPROVE A CONTRACT WITH THE 2 COMMONWEALTH OF VIRGINIA FOR MENTAL HEALTH, 3 DEVELOPMENTAL, AND SUBSTANCE USE DISORDERS, 4 AND TO ACCEPT AND APPROPRIATE STATE FUNDS 5 6 WHEREAS, the Virginia Department of Behavioral Health and Developmental 7 Services provides funding for mental health, developmental, and substance use disorder 8 services through a performance contract with local community services boards; 9 10 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 11 Virginia mandated minimum local match share for these services; and 12 13 WHEREAS, the Virginia Beach Community Service Board, at its August 14, 2025 14 meeting, approved the FY 2026 Performance Contract between the Virginia Beach 15 Community Service Board and Commonwealth of Virginia. 16 17 NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 18 VIRGINIA THAT: 19 20 1. The City Council of Virginia Beach hereby approves the Fiscal Year 2026 21 Performance Contract with the Commonwealth of Virginia, a summary of which 22 is attached as Exhibit A, for a period concluding June 30, 2026. 23 24 2. In accordance with the Performance Contract, $124,650 is hereby accepted from 25 the Virginia Department of Behavioral Health and Developmental Services and 26 appropriated, with revenues increased accordingly, to the FY 2025-26 Operating 27 Budget of the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and anagement Services rn Office CA16957 R-1 August 20, 2025 FY 2026 Performance Contract Financial Summary Virginia Beach Human Services Mental Health Services FY2026 Beginning Balance FY 2026 Revenues FY 2026 Transfers In/Out FY 2026 Expenditures FY 2026 Refunds FY 2026 Ending Balance Fund Type State Funds $7,245,447.00 $14,235,922.00 $1,345,370.00 $16,277,788.00 $0.00 $6,548,951.00 Local Matching Funds $0.00 $14,677,734.00 $0.00 $14,677,734.00 $0.00 $0.00 Fees $0.00 $5,126,954.00 $0.00 $5,126,954.00 $0.00 $0.00 Federal Funds $0.00 $641,994.00 $0.00 $641,994.00 $0.00 $0.00 Other Funds $2,524,328.00 $1,007,340.00 $0.00 $1,007,340.00 $0.00 $2,524,328.00 Total Funds $9,769,775.00 $35,689,944.00 $1,345,370.00 $37,731,810.00 $0.00 $9,073,279.00 Developmental Services FY 2026 Beginning Balance FY 2026 Revenues FY 2026Transfers In/Out FY 2026 Expenditures FY 2026 Refunds FY 2026 Ending Balance Fund Type State Funds $0.00 $1,586,094.00 $0.00 $1,586,094.00 $0.00 $0.00 Local Matching Funds $0.00 $10,534,340.00 $0.00 $10,534,340.00 $0.00 $0.00 Fees $0.00 $21,311,859.00 $0.00 $21,311,859.00 $0.00 $0.00 Federal Funds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other Funds $165,329.00 $323,750.00 $0.00 $323,750.00 $0.00 $165,329.00 Total Funds $165,329.00 $33,756,043.00 $0.00 $33,756,043.00 $0.00 $165,329.00 Substance Use Disorder Services FY 2026 Beginning Balance FY 2026 Revenues FY 2026 Transfers In/Out FY 2026 Expenditures FY 2026 Refunds FY 2026 Ending Balance Fund Type State Funds $142,074.00 $2,942,894.56 $0.00 $2,942,884.56 $0.00 $142.074.00 Local Matching Funds $0.00 $1,170,292.00 $0.00 $1,170,292.00 $0.00 $0.00 Fees $0.00 $904,883.00 $0.00 $904,883.00 $0.00 $0.00 Federal Funds $0.00 $2,420,102.00 $0.00 $2,420,102.00 $0.00 $0.00 Other Funds $0.00 $532,030.00 $0.00 $532,030.00 $0.00 $0.00 Total Funds $142,074.00 $7,970,191.56 $0.00 $7,970,191.56 $0.00 $142,074.00 Local Match Calculation Total State Funds $20,110,270.56 Compensation Increase Adjustment -$1,475,332.00 Regional Funding Paid to Non-CSB or Paid On Behalf of the Region Total Local Funds $26,382,366.00 Total Adjusted State and Local Funds $45,017,304.56 Local Match Percentage 58.60% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's Application for the Virginia Department of Transportation's FY 2027-FY 2028 Transportation Alternatives Set-Aside Program PUBLIC HEARING DATE: August 19, 2025 MEETING DATE: September 2, 2025 ■ Background: The Transportation Alternatives Set-Aside Program (TAP) is part of the Federal-aid Highway program. This program is intended to help localities fund community-based projects that expand non-motorized travel choices and enhance the transportation experience by improving the cultural, historical, and environmental aspects of the transportation infrastructure. The program focuses on providing pedestrian and bicycle facilities and community improvements. The TAP Program accepts applications on a biennial cycle. The next opportunity to apply for TAP funds is September 2025. The September 2025 applications and subsequent allocations are for fiscal years FY 2027 and FY 2028. The project that has been identified for the application is Capital Project#100644 "Virginia Beach Trail Phase I." The Virginia Beach Trail is a planned multi-phase project to construct a 14' wide shared use path along the former Norfolk Southern Railroad corridor extending from Newtown Road to Norfolk Avenue. The City already owns the 12-mile long corridor. This application for $2.5 million would cover a portion of the cost of Phase I of the planned trail. Phase I spans from Newtown Road to Constitution Drive for approximately 3.2 miles. ■ Considerations: The TAP Program is not a grant program, and funds are only available on a reimbursement basis. The City would first incur the expenses and then request reimbursement. The TAP Program also requires that the locality must provide a minimum 20% match; however, a higher than minimum commitment of other funds is ideal and garners additional points during the evaluation process. The local match will be provided using existing funding appropriated to Project #100644. VB Trail is currently funded through existing grants and the City's Major Projects fund. Projects submitted for TAP funding must be included in the applicant's Capital Improvement Plan (CIP), and each project must have a public hearing and resolution of support from the governing body before an application can be submitted. ■ Public Information: A public hearing will be held on August 19, 2025. Notice for such hearing will be placed in the Virginian-Pilot. ■ Attachments: Resolution, CIP Detail Sheet Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager:Fh9 1 A RESOLUTION TO SUPPORT THE CITY'S 2 APPLICATION FOR THE VIRGINIA DEPARTMENT 3 OF TRANSPORTATION'S FY 2027 - FY 2028 4 TRANSPORTATION ALTERNATIVES SET-ASIDE 5 PROGRAM 6 7 WHEREAS, in accordance with the Virginia Commonwealth Transportation 8 Board construction allocation procedures, it is necessary that a resolution be received 9 from the sponsoring jurisdiction requesting that the Virginia Department of 10 Transportation (VDOT) establish Transportation Alternatives Set-Aside Program (TAP) 11 projects to be administered by the City of Virginia Beach; 12 13 WHEREAS, the City Council held a public hearing on August 19, 2025 regarding 14 the proposed application; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA THAT: 18 19 1. The City of Virginia Beach hereby requests that the Commonwealth 20 Transportation Board establish a project for the Virginia Beach Trail Phase I. 21 22 2. The City of Virginia Beach hereby commits to provide a minimum 20 percent 23 matching contribution for these projects and, subject to appropriation, any additional 24 funds necessary to complete any applicable project contained within this resolution. 25 26 3. The City of Virginia Beach hereby agrees to enter into a project administration 27 agreement with the Virginia Department of Transportation and provide the necessary 28 oversight to ensure the project is developed in accordance with all state and federal 29 requirements for design, right of way acquisition, and construction of a federally funded 30 transportation project. 31 32 4. The City of Virginia Beach, subject to appropriation by the City Council, will be 33 responsible for maintenance and operating costs of any improvements constructed with 34 TAP funds unless other arrangements have been made with VDOT. 35 36 5. If, subject to the appropriation by City Council, the City of Virginia Beach 37 subsequently elects to cancel this project, the City hereby agrees to reimburse the 38 Virginia Department of Transportation for the total amount of costs expended by VDOT 39 through the date VDOT is notified of such cancellation. The City also agrees to repay 40 any funds previously reimbursed that are later deemed ineligible by the Federal 41 Highway Administration. 42 43 6. That the City Manager is hereby authorized to execute on behalf of the City of 44 Virginia Beach all necessary project agreements for project development and 45 construction for all FY 2026-27 and FY 2027-28 TAP related projects. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and anagement Tervices City At orney's Office CA16939 R-1 August 1, 2025 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100644 Title:Virginia Beach Trail Status:Approved Category:Parks&Recreation Department:PARKS AND RECREATION Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:4 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 35,979,708 19,550,000 13,300,538 3,129,170 0 0 0 0 0 Description The proposed 12 mile trail is a 14'wide asphalt path with a 2'wide crush stone shoulder on each side and includes three pedestrian bridges(one over Independence Blvd;two over waterways)travelling within the already acquired former Norfolk Southern Railroad right of way.Additionally,the Virginia Beach Trail travels along two Federally Designated Opportunity Zones and city-designated redevelopment area,and three socio-economically challenged census tracts: thus,providing an equitable solution to the need for transportation alternatives in the City of Virginia Beach.This phase of the project funds the design and construction of a phased section of the proposed VB Trail from Newtown Road to Constitution Drive,or a portion thereof.Construction funding could be leveraged as matching grant dollars when the opportunity arises for this phase. Purpose T e irginia Beac i a Tra igns wi t two o ity C Counci s top priorities:Transportation an• conomic Deve opment. a irginia eac Trai is t e active transportation alternative to connect our neighborhoods,across the City,region and beyond by means other than the motor vehicle for a shared-use network that supports tourism,locals,pedestrians,and bicyclists.The City's 2016 Comprehensive Plan and its Sustainability Plan,Connections Chapter,have a primary goal to create an inter-connected,multi-modal transportation system providing efficient,safe,and affordable movement city-wide and linking to regional systems.The Virginia Beach Trail has been a priority project in the City's adopted Bikeways and Trails Plans since 1981 and most recently listed in the 2021 Active Transportation Plan.This is part of a broader regional and state trail network. History and Current Status The project first appeared in the FY15 CIP as Transit Corridor Development.In FY19 CIP,the title was changed to Rail-to-Trail Shared Use Path Development to match the new scope of the project. This project received$750,000 in federal funds in 2023 and another$14.8m from the Safe Streets For All grant program in FY 2023-24,as well as$902,000 for the sale of easements to Dominion Power.In FY2026,$1 million was redirected from project 100119"City Bikeways and Trails"for this project.In FY 2025-26,$12.3 million is transferred from the Major Projects Fund to this project. Operating Project Map Schedule of Activities Project Activities From-To Amount o _. Inspections and Support 10/26-03/29 2,565,429 r RA zT Design 08/24-02/26 1,647,000 W Site Acquisition 03/26-09/26 50,000 M " Utility Adjustment 03/26-09/26 1,920,924 �1 st_Gregory JEANNE st Construction 10/26-03/29 23,799,737 the Great ! S' School 4Oj%. : - F .. Contingencies 08/24-03/29 5,996,618 It7p N BROAD ST } o Total Budgetary Cost Estimate 35,979,708 ad RAzserMeans of Financing oczviuiwort j Funding Subclass Amount c9`�tiw State Contribution 902,000 c1'41 ! 100644 �. - PAYGO-Major Projects Fund 15,429,708 P� Local Funding 18,898,000 Federal Contribution 750,000 Total Funding: 35,979,708 P� �O - % Ae dr , �,WX „•1 Tideaat-r w ; .i4� ♦o 4 FY 2025-26 TO FY 2030-31 223 CAPITAL IMPROVEMENT PROGRAM 41:1 +: 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolutions to Support the City's 2025 Applications for the Virginia Department of Transportation's FY2029-FY2030 Revenue Sharing Program Funding MEETING DATE: September 2, 2025 ■ Background: The City of Virginia Beach is applying for the Virginia Department of Transportation's FY2029-2030 Revenue Sharing Program funding. The Virginia Department of Transportation (VDOT) Revenue Sharing Program was created by the Virginia General Assembly to provide localities with additional funding for immediately needed priority projects or to supplement funding for existing projects on the highway network within a locality. The Revenue Sharing Program accepts applications on a biennial cycle. Therefore, the 2025 applications and subsequent allocations will be for two fiscal years — FY2029 and FY2030. The next opportunity to apply for Revenue Sharing Program funds will be fall of 2027. Per Commonwealth Transportation Board (CTB) policy, the maximum each locality can request is $5 million in state Revenue Sharing allocations per fiscal year ($10 million per biennial cycle) and the maximum lifetime limit of State Revenue Sharing funds per project is $10 million. The following three Roadways Capital Improvement Program (CIP) projects have been identified as candidate projects for Revenue Sharing Program funds in FY2029 and FY2030. All three candidate projects are existing projects included in the Roadways Capital Improvement Program: 1. Cleveland Street Improvements IV (CIP 100123, District 4) — This project is for the construction of an improved Cleveland Street/Columbus Street. The new road will feature a 3-lane, 79-foot wide roadway that will run 1.2 miles in length between Witchduck Road and Independence Boulevard. As identified in the Pembroke Strategic Growth Area Plan, the road will also consist of turn lanes, shared-use pathways, on-road bike lanes, on-street parking, and landscaping. This project has Smart Scale funding and is reflected as fully funded. • Total estimated project cost: $57,337,651 • Revenue Sharing funding request: $9,000,000 • Cleveland Street Improvements IV is an existing Revenue Sharing Program project • Local funds already programmed in CIP 100123, Cleveland Street Improvements IV, will provide the required 50% local match or $9,000,000. 2. Holland Road Phase I (CIP 100564, Districts 3 & 10) — This project will reconfigure Holland Road as a six-lane superstreet by adding additional through lanes in both directions from South Independence Boulevard to South Plaza Trail and by installing Restricted Crossing U-Turn (R-CUT), which helps reduce crashes at intersections that lack a traffic signal. The project will also include continuous five-foot wide sidewalk on both sides of Holland Road, as well as LED streetlights and installation of bus shelters at four existing bus stops. This project also has Round 4 Smart Scale funding. • Total estimated project cost: $34,113,673 • Revenue Sharing funding request: $500,000 • Project proposed to be introduced as a new project to the Revenue Sharing Program. • Local funds already programmed in CIP 100564, Holland Road Phase I, will provide the required 50% local match or $500,000. 3. Independence Boulevard / Edwin Drive Intersection (CIP 100482, District 3) This project will convert left-turn movements in both directions of South Independence Boulevard at Edwin Drive to median left-turns upstream and downstream of the mainline intersection (Median U-Turns) and widen east-bound and west-bound approaches on Edwin, Drive to 2-Lefts, 1-Thru, and 1- Right. The project will also include continuous five-foot sidewalk on both sides of Independence and Edwin with a connection to existing shared-use path on Edwin as well as installation of bus shelters at two existing bus stops. This project also has Round 4 Smart Scale Funding programmed. • Total estimated project cost: $26,016,370 • Revenue Sharing funding request: $500,000 • Project proposed to be introduced as a new project to the Revenue Sharing Program. • Local funds already programmed in CIP 100482, Independence Boulevard / Edwin Drive Intersection, will provide the required 50% local match or $500,000. ■ Considerations: The Revenue Sharing Program is not a grant program, and funds are only available on a reimbursement basis. This program requires that localities must first incur the expenses and then request reimbursement. The Revenue Sharing Program requires that the locality provide a 50% match. The local match will be provided using existing appropriated/programmed funding within the CIP project. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Resolutions (3), CIP Detail Sheets Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager:( 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100123 "CLEVELAND 3 STREET IMPROVEMENTS IV" AND TO AUTHORIZE THE 4 CITY MANAGER TO EXECUTE A PROJECT AGREEMENT 5 WITH THE VIRGINIA DEPARTMENT OF 6 TRANSPORTATION IN FURTHERANCE THEREOF 7 8 WHEREAS, §33.2-357 of the Code of Virginia provides for the distribution of 9 Revenue Sharing Program funding from the Virginia Department of Transportation to 10 localities in the Commonwealth of Virginia primarily for the purposes of providing funds 11 for immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2025 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2028-29 and in Fiscal Year 2029-30; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar for dollar matching 18 basis, whereby every dollar received from the Commonwealth must be matched by a 19 dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach will request an allocation of $9,000,000 in 22 Revenue Sharing funds for construction and potentially utilities adjustments and site 23 acquisition in the 2025 application cycle for Project # 100123, "Cleveland Street 24 Improvements IV." 25 26 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 27 VIRGINIA THAT: 28 29 1. The City Council of the City of Virginia Beach supports the participation of 30 Project # 100123, "Cleveland Street Improvements IV," in the Virginia Department of 31 Transportation Revenue Sharing Program. 32 33 2. The City Council of the City of Virginia Beach hereby commits to fund the 34 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 35 of Project # 100123, "Cleveland Street Improvements IV," under agreement with the 36 Virginia Department of Transportation, in accordance with the project's financial 37 document. 38 39 3. The City Manager and/or his designee is hereby authorized to execute all 40 agreements and/or addendums for approved projects with the Virginia Department of 41 Transportation. 42 43 4. The authorization provided by this resolution extends to the corresponding 44 name and UPC numbers for the project listed supra as such project is named or 45 designated by the Commonwealth on the Virginia Department of Transportation's Six- 46 Year Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and anagement Services orney's Office CA16947 R-1 August 18, 2025 is=== - � � �0�'�s,;��,�" �►�� ��, � ; ©. ON MWIM"IN s �, :. I.&WE"N's QA RIUR MA dk 40110 e , �w •-'�'�/ • �, alp ' ' 'l'"= ��('� ,c, 1t MEW 'I 1� AN .. Au rug LOCATION MAP IMPROVEMENTSLegend CLEVELAND STREET • 100123 Cleveland Street improvements IV City- Properties 611 300 1 611 Feet .. u a3 4 Vne,' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolutions to Support the City's 2025 Applications for the Virginia Department of Transportation's FY2029-FY2030 Revenue Sharing Program Funding MEETING DATE: September 2, 2025 ■ Background: The City of Virginia Beach is applying for the Virginia Department of Transportation's FY2029-2030 Revenue Sharing Program funding. The Virginia Department of Transportation (VDOT) Revenue Sharing Program was created by the Virginia General Assembly to provide localities with additional funding for immediately needed priority projects or to supplement funding for existing projects on the highway network within a locality. The Revenue Sharing Program accepts applications on a biennial cycle. Therefore, the 2025 applications and subsequent allocations will be for two fiscal years — FY2029 and FY2030. The next opportunity to apply for Revenue Sharing Program funds will be fall of 2027. Per Commonwealth Transportation Board (CTB) policy, the maximum each locality can request is $5 million in state Revenue Sharing allocations per fiscal year ($10 million per biennial cycle) and the maximum lifetime limit of State Revenue Sharing funds per project is $10 million. The following three Roadways Capital Improvement Program (CIP) projects have been identified as candidate projects for Revenue Sharing Program funds in FY2029 and FY2030. All three candidate projects are existing projects included in the Roadways Capital Improvement Program: 1. Cleveland Street Improvements IV (CIP 100123, District 4) — This project is for the construction of an improved Cleveland Street/Columbus Street. The new road will feature a 3-lane, 79-foot wide roadway that will run 1.2 miles in length between Witchduck Road and Independence Boulevard. As identified in the Pembroke Strategic Growth Area Plan, the road will also consist of turn lanes, shared-use pathways, on-road bike lanes, on-street parking, and landscaping. This project has Smart Scale funding and is reflected as fully funded. • Total estimated project cost: $57,337,651 • Revenue Sharing funding request: $9,000,000 • Cleveland Street Improvements IV is an existing Revenue Sharing Program project • Local funds already programmed in CIP 100123, Cleveland Street Improvements IV, will provide the required 50% local match or $9,000,000. 2. Holland Road Phase I (CIP 100564, Districts 3 & 10) — This project will reconfigure Holland Road as a six-lane superstreet by adding additional through lanes in both directions from South Independence Boulevard to South Plaza Trail and by installing Restricted Crossing U-Turn (R-CUT), which helps reduce crashes at intersections that lack a traffic signal. The project will also include continuous five-foot wide sidewalk on both sides of Holland Road, as well as LED streetlights and installation of bus shelters at four existing bus stops. This project also has Round 4 Smart Scale funding. • Total estimated project cost: $34,113,673 • Revenue Sharing funding request: $500,000 • Project proposed to be introduced as a new project to the Revenue Sharing Program. • Local funds already programmed in CIP 100564, Holland Road Phase I, will provide the required 50% local match or $500,000. 3. Independence Boulevard / Edwin Drive Intersection (CIP 100482, District 3) This project will convert left-turn movements in both directions of South Independence Boulevard at Edwin Drive to median left-turns upstream and downstream of the mainline intersection (Median U-Turns) and widen east-bound and west-bound approaches on Edwin, Drive to 2-Lefts, 1-Thru, and 1- Right. The project will also include continuous five-foot sidewalk on both sides of Independence and Edwin with a connection to existing shared-use path on Edwin as well as installation of bus shelters at two existing bus stops. This project also has Round 4 Smart Scale Funding programmed. • Total estimated project cost: $26,016,370 • Revenue Sharing funding request: $500,000 • Project proposed to be introduced as a new project to the Revenue Sharing Program. • Local funds already programmed in CIP 100482, Independence Boulevard / Edwin Drive Intersection, will provide the required 50% local match or $500,000. ■ Considerations: The Revenue Sharing Program is not a grant program, and funds are only available on a reimbursement basis. This program requires that localities must first incur the expenses and then request reimbursement. The Revenue Sharing Program requires that the locality provide a 50% match. The local match will be provided using existing appropriated/programmed funding within the CIP project. ■ Public Information: Normal Council Agenda Process. Attachments: Resolutions (3), CIP Detail Sheets Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager:f 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100564 "HOLLAND 3 ROAD PHASE I" AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, §33.2-357 of the Code of Virginia provides for the distribution of 9 Revenue Sharing Program funding from the Virginia Department of Transportation to 10 localities in the Commonwealth of Virginia primarily for the purposes of providing funds 11 for immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2025 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2028-29 and in Fiscal Year 2029-30; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar for dollar matching 18 basis, whereby every dollar received from the Commonwealth must be matched by a 19 dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach will request an allocation of $500,000 in 22 Revenue Sharing funds for construction and potentially utilities adjustments and site 23 acquisition in the 2025 application cycle for Project # 100564, "Holland Road Phase I." 24 25 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 26 VIRGINIA THAT: 27 28 1. The City Council of the City of Virginia Beach supports the participation of 29 Project # 100564, "Holland Road Phase I," in the Virginia Department of Transportation 30 Revenue Sharing Program. 31 32 2. The City Council of the City of Virginia Beach hereby commits to fund the 33 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 34 of Project # 100564, "Holland Road Phase I," under agreement with the Virginia 35 Department of Transportation, in accordance with the project's financial document. 36 37 3. The City Manager and/or his designee is hereby authorized to execute all 38 agreements and/or addendums for approved projects with the Virginia Department of 39 Transportation. 40 41 4. The authorization provided by this resolution extends to the corresponding 42 name and UPC numbers for the project listed supra as such project is named or 43 designated by the Commonwealth on the Virginia Department of Transportation's Six- 44 Year Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 7 2025. APPROVED AS TO CONTENT: APP D AS TO LEGAL SUFFICIENCY: —f//' Budget and Management Services C ney's Office CA16946 R-1 August 18, 2025 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100564 [Title:Holland Road Phase I tatus:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:10,3 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 24,S10,485 16,800,000 7,710,485 Description This project will reconfigure Holland Road as a six-lane superstreet by adding additional through lanes in both directions from South Independence Boulevard to South Plaza Trail and by installing Restricted Crossing U-Turn(R-CUT),which helps reduce crashed,intersections at the intersections that lack a traffic signal.The project will also include continuous five-foot wide sidewalk on both sides of Holland Road,as well as LED street lights and installation of bus shelters at four existing bus stops. Purpose and Need The purpose of this project is to reduce congestion and improve traffic flow for the Holland Road/Independence Blvd Corridor and surrounding areas. History and Current Status This project first appeared in the FY 2021-22 CIP. This project includes Round 4 SMART SCALE Funding. Operating Budget Impact Comments FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts Total FTE Project Map Schedule of Activities Project Activities From-To Amount Design 08/25-11/29 3,411,683 Site Acquisition 01/29-12/29 5,081,770 g Private Utility Adjustments 12/29-11/30 2,579,923 ` •�� Construction 06/31-05/33 12,595,483 Contingencies 08/25-05/33 841,626 Total Budgetary Cost Estimate: 24,510,485 .°o.,• s 100564 Means of Financing a� d ��' �°•"' Funding Subclass Amount • `• Local Funding 7,710,485 State Contribution 16,800,000 y Total Funding: 24,510,485 s FY 2024-25 to FY 2029-30 52 Capital Improvement Program CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolutions to Support the City's 2025 Applications for the Virginia Department of Transportation's FY2029-FY2030 Revenue Sharing Program Funding MEETING DATE: September 2, 2025 ■ Background: The City of Virginia Beach is applying for the Virginia Department of Transportation's FY2029-2030 Revenue Sharing Program funding. The Virginia Department of Transportation (VDOT) Revenue Sharing Program was created by the Virginia General Assembly to provide localities with additional funding for immediately needed priority projects or to supplement funding for existing projects on the highway network within a locality. The Revenue Sharing Program accepts applications on a biennial cycle. Therefore, the 2025 applications and subsequent allocations will be for two fiscal years — FY2029 and FY2030. The next opportunity to apply for Revenue Sharing Program funds will be fall of 2027. Per Commonwealth Transportation Board (CTB) policy, the maximum each locality can request is $5 million in state Revenue Sharing allocations per fiscal year ($10 million per biennial cycle) and the maximum lifetime limit of State Revenue Sharing funds per project is $10 million. The following three Roadways Capital Improvement Program (CIP) projects have been identified as candidate projects for Revenue Sharing Program funds in FY2029 and FY2030. All three candidate projects are existing projects included in the Roadways Capital Improvement Program- 1. Cleveland Street Improvements IV (CIP 100123, District 4) — This project is for the construction of an improved Cleveland Street/Columbus Street. The new road will feature a 3-lane, 79-foot wide roadway that will run 1.2 miles in length between Witchduck Road and Independence Boulevard. As identified in the Pembroke Strategic Growth Area Plan, the road will also consist of turn lanes, shared-use pathways, on-road bike lanes, on-street parking, and landscaping. This project has Smart Scale funding and is reflected as fully funded. • Total estimated project cost: $57,337,651 • Revenue Sharing funding request: $9,000,000 • Cleveland Street Improvements IV is an existing Revenue Sharing Program project • Local funds already programmed in CIP 100123, Cleveland Street Improvements IV, will provide the required 50% local match or $9,000,000. 2. Holland Road Phase I (CIP 100564, Districts 3 & 10) — This project will reconfigure Holland Road as a six-lane superstreet by adding additional through lanes in both directions from South Independence Boulevard to South Plaza Trail and by installing Restricted Crossing U-Turn (R-CUT), which helps reduce crashes at intersections that lack a traffic signal. The project will also include continuous five-foot wide sidewalk on both sides of Holland Road, as well as LED streetlights and installation of bus shelters at four existing bus stops. This project also has Round 4 Smart Scale funding. • Total estimated project cost: $34,113,673 • Revenue Sharing funding request: $500,000 • Project proposed to be introduced as a new project to the Revenue Sharing Program. • Local funds already programmed in CIP 100564, Holland Road Phase I, will provide the required 50% local match or $500,000. 3. Independence Boulevard / Edwin Drive Intersection (CIP 100482, District 3) This project will convert left-turn movements in both directions of South Independence Boulevard at Edwin Drive to median left-turns upstream and downstream of the mainline intersection (Median U-Turns) and widen east-bound and west-bound approaches on Edwin, Drive to 2-Lefts, 1-Thru, and 1- Right. The project will also include continuous five-foot sidewalk on both sides of Independence and Edwin with a connection to existing shared-use path on Edwin as well as installation of bus shelters at two existing bus stops. This project also has Round 4 Smart Scale Funding programmed. • Total estimated project cost: $26,016,370 • Revenue Sharing funding request: $500,000 • Project proposed to be introduced as a new project to the Revenue Sharing Program. • Local funds already programmed in CIP 100482, Independence Boulevard / Edwin Drive Intersection, will provide the required 50% local match or $500,000. ■ Considerations: The Revenue Sharing Program is not a grant program, and funds are only available on a reimbursement basis. This program requires that localities must first incur the expenses and then request reimbursement. The Revenue Sharing Program requires that the locality provide a 50% match. The local match will be provided using existing appropriated/programmed funding within the CIP project. ■ Public Information: Normal Council Agenda Process. Attachments: Resolutions (3), CIP Detail Sheets Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager:( 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100482 3 "INDEPENDENCE BOULEVARD/EDWIN DRIVE 4 INTERSECTION" AND TO AUTHORIZE THE CITY 5 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 6 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 7 FURTHERANCE THEREOF 8 9 WHEREAS, §33.2-357 of the Code of Virginia provides for the distribution of 10 Revenue Sharing Program funding from the Virginia Department of Transportation to 11 localities in the Commonwealth of Virginia primarily for the purposes of providing funds 12 for immediately needed improvements or to supplement funds for existing projects on the 13 highway system in a given locality; 14 15 WHEREAS, the 2025 application cycle will provide funds from the Commonwealth 16 in Fiscal Years 2028-29 and in Fiscal Year 2029-30; 17 18 WHEREAS, the Revenue Sharing Program operates on a dollar for dollar matching 19 basis, whereby every dollar received from the Commonwealth must be matched by a 20 dollar in local funds; and 21 22 WHEREAS, the City of Virginia Beach will request an allocation of $500,000 in 23 Revenue Sharing funds for construction and potentially utilities adjustments and site 24 acquisition in the 2025 application cycle for Project # 100482, "Independence 25 Boulevard/Edwin Drive Intersection." 26 27 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 28 VIRGINIA THAT: 29 30 1. The City Council of the City of Virginia Beach supports the participation of 31 Project # 100482, "Independence Boulevard/Edwin Drive Intersection," in the Virginia 32 Department of Transportation Revenue Sharing Program. 33 34 2. The City Council of the City of Virginia Beach hereby commits to fund the 35 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 36 of Project # 100482, "Independence Boulevard/Edwin Drive Intersection," under 37 agreement with the Virginia Department of Transportation, in accordance with the 38 project's financial document. 39 40 3. The City Manager and/or his designee is hereby authorized to execute all 41 agreements and/or addendums for approved projects with the Virginia Department of 42 Transportation. 43 44 4. The authorization provided by this resolution extends to the corresponding 45 name and UPC numbers for the project listed supra as such project is named or 46 designated by the Commonwealth on the Virginia Department of Transportation's Six- 47 Year Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: \V 13� dget and anagement ervices orney's ffice CA16948 R-1 August 18, 2025 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100482 [Title:Independence Blvd/Edwin Drive Intersection tatus:Approved Category:Roadways Department:Public Works Project • Project Location - Project Type:New Facility Construction/Expansion District:3 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 18,OSS,210 - S,000,000 10,838,863 2,216,347 Description This project will convert left-turn movements in both directions of South Independence Boulevard at Edwin Drive to median left-turns upstream and downstream of the mainline intersection(Median U-Turns)and widen east-bound and west-bound approaches on Edwin,Drive to 2-Lefts,1-Thru,and 1- Right.The project will also include continuous five-foot sidewalk on both sides of Independence and Edwin with a connection to existing shared-use path on Edwin as well as installation of bus shelters at two existing bus stops. Purpose and Need The purpose of this project is to reduce congestion and improve traffic flow for the Holland Road/Independence Boulevard Corridor corridor and surrounding areas. History and Current Status This project first appeared in the FY 2021-22 CIP. This project includes Round 4 SMART SCALE Funding. Operating FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts TotaIFTE Project Map Schedule of Activities Project Activities From-To Amount Design 08/25-10/29 1,552,247 Site Acquisition 01/29-12/29 1,171,206 Private Utility Adjustments 12/29-11/30 466,955 Construction 05/31-12/32 11,855,601 Contingencies 08/25-12/32 3,009,201 Total Budgetary Cost Estimate: 18,055,210 •100482 `�1 a 44 Means Funding Subclass Amount Local Funding 6,038,863 Federal Contribution 2,442,109 State Contribution 7,357,891 Total Funding: 15,838,863 FY 2024-25 to FY 2029-30 56 Capital Improvement Program I� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachment into City-owned property known as Lake Wesley and into a 5' City-owned drainage and utilities maintenance easement, located at the rear of 509 Kerry Lane. MEETING DATE: September 2, 2025 ■ Background: B. Joseph Ordonez and Christine M. Ordonez (collectively, the "Applicant"), request permission to construct and maintain a timber floating pier, an aluminum gangway, a timber pier, four (4) timber piles, a vinyl bulkhead channel ward of existing bulkhead with return walls, a concrete patio, and timber piles (collectively, the "Temporary Encroachment"), into a City property known as Lake Wesley and into a 5' City-owned drainage and utilities maintenance easement, located at the rear of 509 Kerry Lane (GPIN: 2426-29-2666). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City-owned property and easement, which is where the Applicant has requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: i_� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO CITY-OWNED PROPERTY 6 KNOWN AS LAKE WESLEY AND 7 INTO A 5' CITY-OWNED DRAINAGE 8 AND UTILITIES MAINTENANCE 9 EASEMENT, LOCATED AT THE 10 REAR OF 509 KERRY LANE. 11 12 WHEREAS, B. Joseph Ordonez and Christine M. Ordonez (collectively, the 13 "Applicant"), request permission to construct and maintain a 18' x 11'timber pier, a variable 14 width floating pier, a 3' x 16' aluminum gangway, 108LF of vinyl bulkhead 2' channel ward 15 of existing bulkhead with two (2) 2' return walls, and four (4) 10" timber piles, and to 16 maintain existing seven (7) 8"timber piles and a 41.7' x 4.8' concrete patio(collectively, the 17 "Temporary Encroachment", into City-owned property known as Lake Wesley and into a 5' 18 City-owned drainage and utilities maintenance easement, located at the rear of 509 Kerry 19 Lane (GPIN: 2426-29-2666); and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 23 the City's property and easement subject to such terms and conditions as Council may 24 prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, their heirs, 31 assigns and successors in title are authorized to maintain the Temporary Encroachment 32 within the City-owned property and easement as shown on the map entitled: "EXHIBIT`A'— 33 ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FLOATING 34 PIER, TIMBER GANGWAY, (7) TIMBER PILES, CONCRETE PATIO & A PROPOSED 35 TIMBER PIER, TIMBER FLOATING PIER, ALUMINUM GANGWAY, VINYL BULKHEAD 36 WITH (4) 10"TIMBER PILES FOR: B. JOSEPH & CHRISTINE M. ORDONEZ 509 KERRY 37 LANE LOT 5, SCHOONER QUAY AT CROATAN, CROATAN BEACH M.B. 160, PG. 18," 38 Scale: 1" = 40', dated January 25, 2025, prepared by Stone Green Consulting, LLC, a copy 39 of which is attached hereto as Exhibit A, on file in the Department of Public Works and to 40 which reference is made for a more particular description; 41 42 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 43 subject to those terms, conditions and criteria contained in the agreement between the City 44 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 45 been presented to the Council in its agenda, and will be recorded among the records of the 46 Clerk's Office of the Circuit Court of the City of Virginia Beach; 47 48 BE IT FURTHER ORDAINED, that the City Manager or his authorized 49 designee is hereby authorized to execute the Agreement; and 50 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 52 such time as the Applicant and the City Manager or his authorized designee execute the 53 Agreement. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 56 day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P B IC WOR S / REAL ESTATE 4AMa�MEYER DEPUTY CITY ATTORNEY CA16595 R-2 Prepared: 04/24/2025 Ousersla negronrodriguezlappdatallocaAmicrosoftlwindowslinetcachelcontent.outlookl22yrnxgklord.doc ORDONEZ ENCROACHMENT EXHIBIT LAKE WESLEY LAKE WESLEY NOW OR FORMERLY --FLOO� CITY OF VIRGINIA BEACH BB EXISTING(7)8"TIMBER PILES TO REMAIN GPIN:2427-20-6108 ED EXISTING TIMBER FLOATING PIER,TIMBER M.B.37, PG. 11 M GANGWAY AND TIMBER PIER TO BE REMOVED --36.7' j -24.0'-- n ti o 35.6' _ 23.3' 51.7' io 40.6'----. MARSH . ` . ` . ` .56.2' _23.1'—. • .EX.PIER _ EX.RIPRAP BULKHEAD LINE N 33 0° 8'15 E 1quo W.. `, \ 39.9' PER M.B. 160,PG. 18 23.69' EX BKHD •� `�MLW 4.8' �44 CONCRETE PATIO o I 85.80, 06"� LOT 4 I NOW OR FORMERLY MHW JASON M.BAKER TRUST - — GPIN:2426-29-1598 LOT 5 I I INST:201 10512000483740 NOW OR FORMERLY I Q LOT 6 NOW OR FORMERLY M.B. 160,PG. 18 �'_ ) B.JOSEPH&CHRISTINE M. P JOHN C.SAWYER RT ORDONEZ t GPIN:2426-29-3715 GPIN:2426-29-2666 INST:202303037685 5' DRAINAGE&UTILITIES D.B.3954,PG. 1852 M.B. 160,P . 18 MAINTENANCE EASEMENT M.B. 160, PG. 18 '-' PER M.B. 160, PG. 18 r1I p L T H 4F 2 00 I W Lch y R=730.00' I SEAN E. GREEN y L=90.00' I Lic. No. 0402064005 M.B. 160 PG. 18 386'TO CROATAN ROAD KERRY LANE 5D si nod by n reen 30'RIGHT—OF—WAY =stonegmen se ingQgmail.com, EXISTING M.B. 160,PG. 18 G=Sgan,SN-Green,C=US Date:2025.03.27 20 3M-04'00' 0 40 80 CONDITIONS mmm� 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. SCALE: 1"=40' 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF GIS DATA,DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FLOATING PIER, TIMBER GANGWAY, (7)TIMBER PILES, CONCRETE PATIO&A PROPOSED TIMBER PIER, TIMBER FLOATING PIER, ALUMINUM GANGWAY, VINYL BULKHEAD WITH(4)10"TIMBER PILES ENGINEERING SERVICES PROVIDED BY: FOR: B.JOSEPH&CHRISTINE M. ORDONEZ STONE GREEN CONSULTING, LLC 509 KERRY LANE 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOT 5,SCHOONER QUAY AT CROATAN,CROATAN BEACH (330)400-3811 COA:0407009328 M.B. 160, PG. 18 JANUARY 24, 2025 Q2025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED SHEET 1 OF 2 ORDONEZ ENCROACHMENT EXHIBIT LAKE WESLEY —FLOOD4 oQ LAKE WESLEY BB 3 z NOW OR FORMERLY PROPOSED 108 LF OF VINYL BULKHEAD a CITY OF VIRGINIA BEACH TO BE CONSTRUCTED 2'CHANNELWARD 1 x a GPIN:2427-20-6108 OF EXISTING BULKHEAD WITH(2( 2' , , M.B.37,PG. I I i ' RETURN WALLS i. n, ° PROPOSED TIMBER PIER,TIMBER (2) 10-TIMBER PILES WILL BE . 8' FLOATING PIER AND AN INSTALLED OUTSIDE OF THE 2'' - - 3 ALUMINUM 3'x16'GANGWAY TO RETURN WALLS ON BOTH SIDES ` 51.7' 40.6' BE CONSTRUCTED IN SAME \ ZD FOOTPRINT MARSH •�' . ° . 5.0' BULKHEAD LINE N 33-08-15" E -� �� ` 24' -co -39.9' PER M.B. 160,PG. 18 23 69' \ 8 MLW � EX BKHD �' a� � � �� CONCRETE PATIO ;I - 8S,80 06"� LOT 4 I \ NOW OR FORMERLY z 1, j -_- MHW JASON M. BAKER TRUST ONLn -- GPIN:2426-29-1598 i; LOT 5 LOT 6 INST:201 10512000483740 U!i I NOW OR FORMERLY NOW OR FORMERLY M.B. 160, PG. 18 B.JOSEPH&CHRISTINE M. o JOHN C.SAWYER RT pI ORDONEZ GPIN:2426-29-3715 GPIN:2426-29-2666 INST. 202303037685 5' DRAINAGE&UTILITIES D.B.3954, PG. 1852 M.B. 160,PG. 18 MAINTENANCE EASEMENT M.B. 160,PG. 18 PER M.B. 160,PG. 18 pt.T H a�� cc -' R=730.00' o " SEAN E. GREEN a L=90.00' I y Lic. No. 0402064005 M.B. 160 PG. 18 386'TO CROATAN ROAD KERRY LANE 30'RIGHT-OF-WAY '9 u ed by Teen :c = M.B. 160 PG. 18 E=ston reenconsulting mail.com, PROPOSED s� Us Date: .03.27 20:111&-04'00' IMPROVEMENTS 0 40 80 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. SCALE:1"=40' 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF GIS DATA,DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH 15 NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FLOATING PIER, TIMBER GANGWAY, (7)TIMBER PILES, CONCRETE PATIO&A PROPOSED TIMBER PIER, TIMBER FLOATING PIER, ALUMINUM GANGWAY, VINYL BULKHEAD WITH(4)10"TIMBER PILES ENGINEERING SERVICES PROVIDED BY: FOR: B.JOSEPH &CHRISTINE M.ORDONEZ STONE GREEN CONSULTING, LLC 509 KERRY LANE 4014 MEDINA ROAD#1015,AKRON, OH 44333 LOTS,SCHOONER QUAY AT CROATAN,CROATAN BEACH (330)400-3811 COA:0407008328 M.B. 160, PG. 18 JANUARY 24, 2025 ®2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED SHEET 2 OF 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 20L, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and B. JOSEPH ORDONEZ and CHRISTINE M. ORDONEZ, Grantees, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantees are the owners of that certain lot, tract, or parcel of land designated and described as Lot "5" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 2-14 RESUBDIVISION OF PARTS OF CROATAN BEACH (MB 37 P 11) SCHOONER QUAY AT CROATAN LYNNHAVEN BOROUGH — VIRGINIA BEACH VIRGINIA," Scale: 1" = 40', dated December 11, 1981, prepared by Basgier and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 160, at page 18, and being further designated, known, and described as 509 Kerry Lane, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 18' x 11' timber pier, a variable width floating pier, a 3' x 16' aluminum gangway, 108LF of vinyl bulkhead 2' channel ward of existing bulkhead with two (2) 2' return walls, and four (4) 10" timber piles, and to maintain existing seven (7) 8" timber piles and a 41.7' x 4.8' GPIN: 2427-20-6108 (LAKE WESLEY) NO GPIN ASSINGED (5' DRAINAGE AND UTILITIES MAINTENANCE EASEMENT) 2426-29-2666 (509 KERRY LANE) concrete patio, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Lake Wesley and into a 5' City-owned drainage and utilities maintenance easement, collectively the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FLOATING PIER, TIMBER GANGWAY, (7) TIMBER PILES, CONCRETE PATIO & A PROPOSED TIMBER PIER, TIMBER FLOATING PIER, ALUMINUM GANGWAY, VINYL BULKHEAD WITH (4) 10" TIMBER PILES FOR: B. JOSEPH & CHRISTINE M. ORDONEZ 509 KERRY LANE LOT 5, SCHOONER QUAY AT CROATAN, CROATAN BEACH M.B. 160, PG. 18," Scale: 1" = 40', dated January 24, 2025, and prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance 3 obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, B. Joseph Ordonez and Christine M. Ordonez, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH BY (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public (SEAL) My Notary Registration Number: My Commission Expires: 6 oseph Ordonez i Christine M. ez STATE OF VIRGINIA CITY/COUNTY OF 1 o�wit: The foregoing instrument was acknowledged before me this f day of 20&by B. Joseph Ordonez and Christine M. Ordonez. EAL) Notary Public CHRISTI L NA CASTILLO ALICEA My Notary Registration Number: O(� 3 ( + NOTARY PUBLIC M C®mmlSSl®n Expires: �3/3l / �q COMMONWEALTH OF VIRGINIA y p My COMMISSION EXPIRES MAR.31,2029 COMMISSION 4 0034188E APPROVE® AS TO CONTENTS APPROVE® AS TO LEGAL SUFFICIENCY AND FORM PjBLfd WOR s REAL ESTATE A ARMEYER DEPUTY CITY ATTORNEY ORDONEZ ENCROACHMENT EXHIBIT LAKE WESLEY LAKE WESLEY NOW OR FORMERLY --FLOOD— CITY OF VIRGINIA BEACH BB EXISTING(7)8"TIMBER PILES TO REMAIN GPIN:2427-20-6108 EXISTING TIMBER FLOATING PIER,TIMBER M.B.37, PG. 1 1 GANGWAY AND TIMBER PIER TO BE REMOVED P 36.7' n ti O .by N Off` 35.6' 23.3'-- ,ram ` 51.7' ~ io 40.6'--. MARSH • + . . .r . � � r., �--23.1'—. ` • • . • • .EX.PIER _ + EX. RIPRAP BULKHEAD LINE N 33`08'15" E -� �� • 14• 39.9' PER M.B. 160,PG. 18 23.69' \ ` ` ` ` MLW EX BKHD 4.8' �44V�06� CONCRETE PATIO 8S.801 E I LOT 4 NOW OR FORMERLY _— I I MHW JASON M.BAKER TRUST O1 - — En GPIN:2426-29-1598 LOT 5LOT 6 I I^ INST:201 10512000483740 NOW OR FORMERLY I NOW OR FORMERLY M.B. 160,PG. 18 '^ B.JOSEPH&CHRISTINE M. JOHN C.SAWYER RT ORDONEZ bGPIN:2426-29-3715 GPIN:2426-29-2666 INST:202303037685 5' DRAINAGE &UTILITIES D.B.3954,PG. 1852 M.B. 160 18 MAINTENANCE EASEMENT M.B. 160,PG. 18 PER M.B. 160,PG. 18 I �t I►L T H of 41 Ln I °' " SEAN E. GREEN R=730.00' I 00 L=90.00' I Lic. No. 0402064005 M.B. 160 PG. 18 = �� �—386'TO CROATAN ROAD KERRY LANE D�nanY sl ned by n reen E 3®'RIGHT-OF-WAY =stone9reen nse n9@9mall.corn, EXISTING M.B. 160,PG.18 G=Sean,SN=G ra,O=US Date:2025.03.27 20°3M-04'00' CONDITIONS 0 �•:0 80 �� 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. SCALE: 1"=40' 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF GIS DATA,DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FLOATING PIER, TIMBER GANGWAY, (7) TIMBER PILES, CONCRETE PATIO&A PROPOSED TIMBER PIER, TIMBER FLOATING PIER, ALUMINUM GANGWAY, VINYL BULKHEAD WITH(4)10"TIMBER PILES ENGINEERING SERVICES PROVIDED BY: FOR: B.JOSEPH&CHRISTINE M. ORDONEZ STONE GREEN CONSULTING, LLC 509 KERRY LANE 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOTS,SCHOONER QUAY AT CROATAN,CROATAN BEACH (330)400-3811 COA:0407008328 M.B. 160, PG. 18 JANUARY 24,2025 ,©2025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED SHEET 1 OF 2 LAKE WESLEY ORDONEZ ENCROACHMENT EXHIBIT �i ®--FLOOD Q LAKE WESLEY BB— 3Q 2 NOW OR FORMERLY PROPOSED 108 LF OF VINYL BULKHEAD z Q CITY OF VIRGINIA BEACH TO BE CONSTRUCTED 2'CHANNELWARD a GPIN:2427-20-6108 OF EXISTING BULKHEAD WITH(2) 2' ~ ° M.B.37,PG. 1 1 Zrvv°Z RETURN WALLS i. ;v ° PROPOSED TIMBER PIER,TIMBER (2) 10-TIMBER PILES WILL BE 8' FLOATING PIER AND AN INSTALLED OUTSIDE OF THE 2'' - - 3 ALUMINUM 3'x16'GANGWAY TO RETURN WALLS ON BOTH SIDES ` 51.7' 40.6'—. BE CONSTRUCTED IN SAME \ Z ° FOOTPRINT . MARSH - .�� . . . 5.0' t EX. RIPRAP BULKHEAD LINE N 33°08' " • —_� 14' - -39.9' 15 E \ co /MLW PER M.B. 160, PG. 18 23 69' • I EX BKHO CONCRETE PATIO LOT 4 I ` NOW OR FORMERLY z 1, ( MHW JASON M.BAKER TRUST °1 ,. - —_ GPIN:2426-29-1598 LOT 5 LOT 6 INST:201 10512000483740 NOW OR FORMERLY NOW OR FORMERLY M.B. 160,PG. 18 �'-'_ B.JOSEPH&CHRISTINE M. o JOHN C.SAWYER RT ORDONEZ GPIN:2426-29-3715 GPIN:2426-29-2666 INST:202303037685 5' DRAINAGE&UTILITIES D.B.3954, PG. 1852 M.B. 160,PG. 18 MAINTENANCE EASEMENT M.B. 160,PG. 18 PER M.B.160, PG. 18 pl T H 67 W � � o y R=730.00' o v SEAN E. GREEN L=90.00' I 'n Lic. No. 0402064005 11 M.S. 160 PG. 18 A 386'TO CROATAN ROAD -`" ' \ate KERRY LANE � ENS' 30'RIGHT-OF-WAY ig W by reen :c = M.B. 160,PG. 18 E=stonegreenconsulting mail.com, PROPOSED Date- .2#20 38{!•q-04 O0' IMPROVEMENTS 0 40 80 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 6W"mm"%mmmmi� 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. SCALE: 1"=40' 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF GIS DATA,DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING TIMBER PIER, TIMBER FLOATING PIER, TIMBER GANGWAY, (7)TIMBER PILES, CONCRETE PATIO&A PROPOSED TIMBER PIER, TIMBER FLOATING PIER, ALUMINUM GANGWAY, VINYL BULKHEAD WITH(4)10"TIMBER PILES ENGINEERING SERVICES PROVIDED BY: FOR: B.JOSEPH &CHRISTINE M. ORDONEZ STONE GREEN CONSULTING, LLC 509 KERRY LANE 4014 MEDINA ROAD#1015, AKRON,OH 44333 LOT 5,SCHOONER QUAY AT CROATAN,CROATAN BEACH (330)400-3811 COA:0407008328 M.B. 160, PG. 18 JANUARY 24, 2025 ©2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED SHEET 2 OF 2 + rt , ', � ^.����*'� t''C � .tom✓ #, /' � �tr �_ � Jk - f faf� .¢'� •' WA :f • .a a � • .t p { �F # ' �y ti oe t � F B e �` t .._ �. .- i . ._ ! _. ,.•+yam., �t,;s- L, e r f � t42 � 36 vo! jol` .� . . q S !k� 1 � a. J . . ras a • _ ` + r:/ N v. 4w W E S m� . SITE t i / 5 DRAINAGE AND < j UTILITY EASEMENT 7!T i S DRAINAGE AND UTILITY EASEMENT W Y° Legend ENCROACHMENT REQUEST PROPERTY OWNER: 2426-29-2666 B. JOSEPH ORDONEZ AND ~' ° CHRISTINE M. ORDONEZ City Property L JmwGPIN: 2426-29-2666 REACH VIRGiNIA The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application B.Joseph&Christine M.Ordonez Is Applicant also the Owner of the subject property? YesO Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes) No0 If yes, name Representative: Robert Simon-Waterfront Consulting,Inc. Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? YesQNoQ If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the city of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No@ If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage, deeds of trust, O O B.ordonez cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 SECTION 1: APPLICANT • DISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation ® ® B. ordonez Architect/Designer/Landscape ® O Architect/Land Planner Construction Contractor 0 Robert E.Simon,VP of Waterfront Consulting,Inc. Engineer/Surveyor/Agent @ ® Sean E.Green,P.E.of Stone Green Consulfing,LLC Legal Services ® 1 E) APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. —Signed by: B.Joseph&Christine M.Ordonez Shvj_ 8/26/2024 Applicant Name (Print) % 1921A10Mftrht Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code §2.2-3101, Z "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities, there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code §2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a City-owned right-of- way known as Virginia Dare Drive, located at the front of 525 Virginia Dare Drive. MEETING DATE: September 2, 2025 ■ Background: Bartholomew J. Sinanis, Trustee of the Bartholomew J. Sinanis Revocable Living Trust, dated December 21, 2010 (the "Applicant"), requests permission to construct and maintain a 48" metal fence with six (6) masonry columns and gate (collectively, the "Temporary Encroachment") into a City-owned right-of-way known as Virginia Dare Drive, located at the front of 525 Virginia Dare Drive (GPI N: 2427-30-0325). ■ Considerations: City staff has reviewed the request for temporary encroachment and does not recommend approval. The proposed encroachment area contains Public Utilities infrastructure, including the domestic water meter, water service line(s), sewer cleanout, and sewer lateral(s). Access to these facilities for maintenance or emergency repairs may require removal of a portion of the proposed 48" metal fence. Although a neighboring property has a fence that encroaches into the right-of- way, it is a low split rail fence, which is significantly less obtrusive than a 48" metal fence and poses fewer access concerns. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve the Temporary Encroachments or add conditions as desired by Council. ■ Recommendations: Denial ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: `?P 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A CITY-OWNED RIGHT OF WAY 6 KNOWN AS VIRGINIA DARE DRIVE, 7 LOCATED AT THE FRON OF 525 8 VIRGINIA DARE DRIVE. 9 10 WHEREAS, Bartholomew J. Sinanis, Trustee of the Bartholomew J. Sinanis 11 Revocable Living Trust(the "Applicant"), requests permission to construct and maintain a 12 48" metal fence with six (6) masonry columns and gate (collectively, the "Temporary 13 Encroachments") into a portion of the City owned right-of-way known as Virginia Dare Drive 14 located adjacent to 525 Virginia Dare Drive; 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 right-of-way 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 Applicant, his heirs, assigns 25 and successors in title are authorized to construct and maintain the Temporary 26 Encroachments as shown on the map entitled: "EXHIBIT'A' - ENCROACHMENT EXHIBIT 27 FOR 48" METAL FENCE WITH MASONRY COLUMNS&GATE LOT 28 RESUBDIVISION 28 OF PART OF CROATAN BEACH M.B. 37, PG. 11, VIRGINIA BEACH, VIRGINIA 29 BARTHOLOMEW J SINANIS REVOCABLE LIVING TRUST,"Scale: 1"=40', dated April 3, 30 2025, prepared by WPL, a copy of which is attached hereto as Exhibit A and on file in the 31 Department of Public Works and to which reference is made for a more particular 32 description; 33 34 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 35 expressly subject to those terms, conditions and criteria contained in the agreement 36 between the City of Virginia Beach and the Applicant (the "Agreement"), an unexecuted 37 copy of which has been presented to the Council in its agenda, and will be recorded among 38 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Applicants and the City Manager or his authorized designee execute the 45 Agreement. l 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 20_. 47 48 49 CA16728 R-2 Prepared: August 18, 2025 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: t� PUBLIC EAL ESTATE LRLHARMEYER DEPUTY CITY ATTORNEY a OP I J525 2—STORY DWELLING CONCRETE O IC ARN ER►—r X UNDER CONSTRUCTION) URUTY PAD LAC. o. 2904 0212612025 SURv GARAGE N/F b LOT 29 o PROPOSED m o V CONCRETE w N/F r DRIVEWAY in LOT 27 a LOT 28 30. 18' 00 2427-30-0325 0 LO WM SCO g� cA Q PROPOSED EAURY0.00' PROPOSED , Q x G47E AND STONE �N�� COLUMNS i 24.8' PROPOSED 48" 17.8' 24 8'x ' METAL FENCE (T1P.) - _66.6' x IGN rx-x-x x- CATV ? 20 8' T LE°PED PED/ F 10.0' :'� SG a 1'39 — — - _C 24.0 7.9 8°W(DI) - - G— u WOOD RAIL FENCE CONIC. CURB & GUTTER STONE I I " FACE OF COLUMN NOTE SEE SHEET 2 FOR OWNERS NAME AND " 13 j CURB PROPOSED STONE PAVER SECTION DETAIL _ s"SS(PVC) COLUMNS (7YP.) NOTE, THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE V/RG/N/A DARE DRYVE COMPILATION OF DEEDS AND PLATS SHOWN HERON (80' R/W) I(M.B. 37, PG 11) AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. NOTE, THE CITY OF VIRGINIA BEACH IS NOT CONC 0 20 40 RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS ENT"NCE REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. (TYPICAL) (GRAPHIC SCALE SHEET 1 OF 2 "MIBIT A" ENCROACHMENT EOIBIT FOR 48" METAL FENCE WITH MASONRY COLUMNS & GATE LOT 28 RESUBDMSION OF PART OF CROATAN BEACH M.B. 37, PG. 11 VIRGINIA BEACH, VIRGINIA BARTHOLOMEW J SINANIS Landscape Architecture REVOCABLE LIVING TRUST Land Surveying 757-431-1041 dote: 04/03/2025 pro. no.: 221-0237 Civil Engineering wplsite.com P 1 242 MUSTANG TRAIL, SUITE B VIRGINIA BEACH, VIRGINIA 23452 file: 221-0237_ex.dW9 plat ref.: C-646 CAD/chk: EG/eo(� LEGEND O MH MANHOLE O CO SANITARY CLEANOUT 0 WM WATER METER ® WV WATER VALVE FH FIRE HYDRANT WATER LINE UNDERGROUND COMMUNICATIONS UNDERGROUND ELECTRIC UNDERGROUND GAS SANITARY SEWER O CAN PIED CABLE TV PEDESTAL O TELE PIED CABLE TV PEDESTAL O PROPOSED 2'x2'STONE COLUMN PROPOSED ENTRY GATE —X X— PROPOSED METAL FENCE LOT 28 OWNER (525 VIRGINIA DARE DRIVE), BARTHOLOMEW J SINANIS REVOCABLE LIVING TRUST (I.N. 202303016888) (M.B. 37, PG. 11) GPIN: 2427-30-0325 LOT 27 OWNERS (528 VIRGINIA DARE DRIVE), PRITCHARD REVOCABLE LIVING TRUST (I.N. 20130325000341390) (M.B. 37, PG. 11) GPIN: 2427-30-0235 LOT 20 OWNERS (521 VIRGINIA DARE DRIVEN LISA JEANETTE ALLEN (I.N. 20151026001048820) (M.B. 37, PG. 11) GPIN: 2427-30-0414 SHEET 2 OF 2 "EXHIBIT A" ENCROACHMENT EXHIBIT FOR 48" METAL FENCE WITH MASONRY COLUMNS & GATE LOT 28 RESUBDIVISION OF PART OF CROATAN BEACH M.B. 37, PG. 11 VIRGINIA BEACH, VIRGINIA BARTHOLOMEW J SINANIS Landscape Architecture REVOCABLE LIVING TRUST Land Surveying 757-431-1041 date: 04/03/2025 proj. no.: 221-0237 Civil Engineering wplsite.com 2 4 2 M U S T A N G TRAIL, SUITE 8 VIRGINIA BEACH, VIRGINIA 23452 file: 221-0237_ex.dwg plat ref.: C-646 CAD/chk: EG/eag 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 tom, , 20 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BARTHOLOMEW J. SINANIS, TRUSTEE OF THE BARTHOLOMEW J. SINANIS REVOCABLE LIVING TRUST, DATED DECEMBER 21, 2010, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "28" as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VIRGINIA," Scale: 1" = 100', dated June, 1954, prepared by C. A. Bamforth, 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 37, at pages 11, and being further designated, known, and described as 525 Virginia Dare Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 48" metal fence with six (6) masonry columns and gate, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: NO GPIN ASSIGNED (CITY-RIGHT-OF-WAY KNOWN AS VIRGINIA DARE DRIVE) 2427-30-0325 (525 VIRGINIA DARE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a City-owned right-of-way known as Virginia Dare Drive, the "Encroachment Area", and WHEREAS, Bartholomew Sinanis was authorized to construct and maintain additional encroachments in 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 FOR 48" METAL FENCE WITH MASONRY COLUMNS & GATE LOT 28 RESUBDIVISION OF PART OF CROATAN BEACHM.B. 37, PG. 11, VIRGINIA BEACH, VIRGINIA BARTHOLOMEW J SINANIS REVOCABLE LIVING TRUST," Scale: 1" = 40', dated April 3, 2025, prepared by WPL, 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 City shall have the right to remove the Temporary Encroachment (specifically for the Public Utilities infrastructures and appurtenances) in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and 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. 3 It is further expressly understood and agreed that the Grantee must obtain an approved plan revision from DSC (Development Service Center) before commencing work in the Encroachment Area. 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 4 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, BARTHOLOMEW J. SINANIS, TRUSTEE OF THE BARTHOLOMEW J. SINANIS REVOCABLE LIVING TRUST, dated December 21, 2010, the said Grantee, has caused this Agreement to be executed by his 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 , 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. Notary Public (SEAL) My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public (SEAL) My Notary Registration Number: My Commission Expires: 6 THE BARTHOLOMEW J. SINANIS REVOCABLE LIVING TRUST, dated De er 21, 20 10 B & o I homew J. , t e STATE OF \ C 1 n 1 OL CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this day of 202!�7 by Bartholomew J. Sinanis, Trustee of The BARTHOLOMEW J. SINA IS REVOCABLE LIVING TRUST, dated December 21, 2020. _k6-' 04 1 SEAL) Notary Public KATIE KILBORN NOTARY PUBLIC REGISTRATION M 7027334 My Notary Registration Number: ��a�33� COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES My Commission Expires: q-?20- 20a 0 SEPTEMBER 30,2026 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL :SU IENCY AND FORM P BL C WORK / REAL ESTATE . H RMEYER DEPUTY CITY ATTORNEY 7 L'TH OP yf (Me. 37� 1525 2—STORY DWELL/NG IC ARNER x UNDER CONSTRUCT/O/V �LN yRE�F PAD Lie. o. 2904 10 0212612025 gUR V � G4R4GE N/F o PROPOSED LOT 29 00 o CONCRETE W N/FLa DRNEWAY LOT 27 LOT 246 3018' 2427-30-0325 °p LIDZ IV 0 � wM SCO c0 Q�? SO 0.00' PROPOSED ENTRY GATE AND STONE COACORlI2RE7 COLUMNS 24.8' PROPOSED 48' 17.8' 2¢8',� METAL FENCE (TM.) o -66.6' IGN:, CATV PE/ F 10.0' 20.8' �T LE°P. SG a 13.9' C_ 24.0' 79' f a - e"w(DI) G— _ p - a WOOD RAIL FE�JCE URB & G ER 11 " FACE OF 0 STONE COLUMN NOTEe SEE SHEET 2 FOR OWNERS NAME AND ( 1,3 CURB I PAVER SECTION DETAIL PROPOSED STONE i�T� THIS EXHIBIT 1S A RESULT OF FIELD COLUMNS (IIP.) ELD TIES ) TO EXISTING MONUMENTS COMBINED WITH THE ®��® ® 4 DARE DR/VE COMPILATION OF DEEDS AND PLATS SHOWN HERON 1 (80 R/W) I(M.B. J7, PG. 11) I AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. NOTIS THE CITY OF VIRGINIA BEACH IS NOT CONCe 0 20 40 RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS ENTRLNCE REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. (TYPICAL) GRAPHIC SCALE SHEET 1 2 "EXHIBIT A" ENCROACHWff EXHIBIT FOR 48" FETAL FENCE WITH MASONRY COLUMNS & GATE LOT 28 RESUBDMSION OF PART OF CROATAN BEACH M.B. 37, PG. 11 VMGINIA BEACH] VMGINIA BARTHOLOMEW J SINANIS landscape Architecture REVOCABLE LIVING TRUST !and Surveying 757-43 1 1041 date: 04/03/2025 Civil Engineering wplsite.com proj. no.: 221-0237 2 4 Y MUSTANG i R A I l, SURE 8 V I R G I N I A BEACH, V I R G I N I A 23452 file: 221-0237_ex.dwg ; plat ref.: C-646 CAD/chk: EG/eog LEGEND O MH MANHOLE O CO SANITARY CLEANOUT 0 WM WATER METER ® WV WATER VALVE -� FH FIRE HYDRANT WATER LINE UNDERGROUND COMMUNICATIONS UNDERGROUND ELECTRIC UNDERGROUND GAS SANITARY SEWER O CAN PED CABLE TV PEDESTAL O TELE PED CABLE TV PEDESTAL i PROPOSED 2'x2'STONE COLUMN PROPOSED ENTRY GATE X x— PROPOSED METAL FENCE LOT 28 OWNER (625 VIRGNIA DARE DRIVE), BARTHOLOMEW J SINANIS REVOCABLE LIVING TRUST (I.N. 202303016888) (M.B. 37, PG. 11) GPIN: 2427-30-0325 LOT 27 OWNERS (526 VIMNIA DARE DRIVEN PRITCHARD REVOCABLE LIVING TRUST (I.N. 20130325000341390) (M.B. 37, PG. 11) GPIN: 2427-30-0235 LOT 29 OWNERS (521 VIR(MMA DARE DRIVD, LISA JEANETTE ALLEN (I.N. 20151026001048820) (M.B. 37, PG. 11) GPIN: 2427-30-0414 SHEET 2 OF "EXHIBIT A" ENCROACHMENT EXHIBIT FOR 48" METAL FENCE 1RTH MASONRY COLUMNS & GATE LOT 26 RESUBDIVISION OF PART OF CROATAN BEACH M.B. 37, PG. 11 VIRGINIA BEACH` VIRGINIA BARTHOLOMEW J SINANIS Landscape Architecture REVOCABLE LIVING TRUST Land Surveying 757-431 104 1 date: 04/03/2025 Civil Engineering wplsite.corn prof. no.: 221-0237 2 4 2 MUSTANG TRAIL, SUITE 8 VIRGINIA BEACH, VIRGINIA 23452 file: 221-0237_ex.dwg plot ref.: C-646 CAD/chk: EG/eog / /��/ �/ t �` s✓3 /\I/1`'� *�' yP *. �✓ c, �y ��tv ,a�� Pct^s2'> . no WJ _ 3 �. ,� J jai/ PFi�.G�; �-.- •ti. t. ,S Av ARN a q .J ... 4 4 �y ; A 1�V" ,SI•A.. k AL F t I F 4" P 4, 16. ; ,! od- n At ZI11II.1 r(Inmr,�T �` $ rm rlrr Qr ' # ' 3a3 a 30 41 man kv 4.7 _07r rTl'.W�­ t y i r � r ill r' •.*'fir . 4J` �.�'. � Y `yy�• a t.. 3J1. . �r ..t 1 �.` ��,,yy„„,, �y� / y �,,y `f,�y�, 3 fi i'} r >+ �Y 1 - � .�` r �:����tr 4F�xr"�k � ���e t�''�.,rT( �•�}�.rL�,�r"Y�'M�J� �1 .�(ni"^'?,i*�` ?,� �t,,�y� ►� r F '��-. �j+�l�' :i ,� 'r tsc�r ' ,k,���` `Y 'A�a,' i LAY. 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SINANIS REVOCABLE LIVING TRUST 525 VIRGINIA DARE DRIVE City Property GPIN : 2427-30-0325 Feet Q 2427-30-0325 0 50 100 200 VIRGINIA V-8 Disclosure BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia low. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT • a DISCLOSURE APPLICANT INFORMATION Applicant Name; as listed on application Ban Sinanis Is Applicant also the Owner of the subject property? YesO No0 If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?YesO NoO If yes,name Representative: C E.Forehand and Eric Gamer is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YesONoO If yes,list the names of all officers,directors, members,or trustees below AND businesses that have a parent-subsidiary t or affillated business entity-relationship with the applicant. (Attach list if nece Fsory.) Does the subject property have a proposed or pending purchaser? Yes N00 If yes,name proposed or pending purchaser: nla KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action? Yes Noo- at if yes,name the official or employee, and describe the nature of their interest. — -- —- --- I APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the cnt t,, and/or individual providing such services must be identified.(Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and_Jor individual) I Financing(mortgage,deeds of trust, O x0 — —� cross-collateralization,etc.} Real Estate Broker/Agent/Realtor O xOy. Disclosure Statement I rev. May-2024 .� w.� page 1 of 3 :i APPLICANTSECTION 1. DISCLOSURE SERVICE YES NO SERVICE PROVIDER —� Name entity and/or individual 1Accounting/Tax Return Preparation 0 Architect/Designer/landscape O .. Architect/Land Planner Ox Construction Contractor 0 YO Engineer/Surveyor/Agent 0 Legal Services A 0 XOX APPLICANT CERTIFICATION READ.I certify that all information contained in this form is complete,true,and accurate.I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Bart Sinanis f 4-3-25 Applicant Name(Print) plicant Date ' 1 "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly of indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship,other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) o controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared monogement or control between the business entities.factors that should be considered in determining the existence of on affiliated business entity relationship include that the some person or Substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act Va.Code§2.2-3101. r FOR CITY USE ONLY: No changes as of(date): Staff Name(Print) Staff Signature Date Disclosure statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm, business,trust, or unincorporated business? YesoNo® If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso No© If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No0 If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks 7,��od " r to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any mittee " th this application. Property Owner Name (Print) )roperty Owner Sign re Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Soy@1Lk�y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into two City-owned rights of way known as Ocean Front Avenue and 63rd Street, located adjacent to 6300 Ocean Front Avenue. MEETING DATE: September 2, 2025 ■ Background: 6300 OA, LLC, a Virginia limited liability company, (the "Applicant'), requests permission to maintain existing trees, landscaping, retaining walls, and concrete and stairs, and to install and maintain landscaping (collectively, the "Temporary Encroachment'), into two (2) City-owned rights of way known as Ocean Front Avenue and 63rd Street, located adjacent to 6300 Oceanfront Avenue (GPIN: 2419-72-9806). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map, and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: /.11s 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO TWO (2) CITY-OWNED 6 RIGHTS OF WAY KNOWN AS 7 OCEAN FRONT AVENUE AND 8 63RD STREET, ADJACENT TO 9 6300 OCEANFRONT AVENUE. 10 11 WHEREAS, 6300 OA, LLC, a Virginia limited liability company (the 12 "Applicant"), requests permission to maintain existing trees, landscaping, retaining walls, 13 and concrete and stairs, and to install and maintain variable width landscaping (collectively, 14 the "Temporary Encroachment") into two (2) City-owned rights of way known as Ocean 15 Front Avenue and 63,d Street, adjacent to 6300 Oceanfront Avenue; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's rights of way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, 6300 OA, LLC, a Virginia limited 26 liability company, its assigns and successors in title are authorized to maintain existing 27 trees, landscaping, retaining walls, and concrete and stairs, and to install and maintain 28 variable width landscaping into two (2) City rights of way known as Ocean Front Avenue 29 and 63rd Street as shown on the exhibit map entitled: "EXHIBIT A TREE & HEDGE 30 REMOVAL, PROPOSED LANDSCAPE, EXISTING STEPS, & RETAINING WALL 31 ENCROACHMENT LOTS 5 & 6 BLOCK 21, CAPE HENRY, SECTION E M.B. 1, P.G. 8B 32 VIRGINIA BEACH, VIRGINIA FOR 6300 OA LLC," Scale: 1" = 30', dated June 2, 2023 and 33 revised on August 14, 2023 and October 11, 2023, prepared by Siska Aurand Landscape 34 Architects and Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit 35 A and on file in the Department of Public Works and to which reference is made for a more 36 particular description; 37 38 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 39 subject to those terms, conditions and criteria contained in the agreement between the City 40 of Virginia Beach and 6300 OA, LLC, a Virginia limited liability company(the"Agreement"), 41 an unexecuted copy of which has been presented to the Council in its agenda, and will be 42 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 43 Beach; 44 i 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized 47 designee is hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 50 such time as 6300 OA, LLC, a Virginia limited liability company, and the City Manager or 51 his authorized designee execute the Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 54 day of 2025. CA16702 R-1 Prepared: 5/20/25 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 0Sd AL �) L, 0.� - P BL C WOR S, REAL ESTATE DANA R. HARMEYER u DEPUTY CITYATTORNEY 2 E*WT A TREE 4 HEDGE REMOVAL,PROP05ED LAND-%APE, ED EXISTINS STEPS,4 RETAINING MINI.04WAONtNT SISKA AURAND LAND5GAPE A"TECTS 2200 COLONIAL AVENUE,51ATE 22, NORFOLK,VA Mr PHONE tff7)621-1401 GOODWIN RESIDENCE STREET FRONTAGE PRIVACY-PLANT LIST OHM= aTY SYM SCEMMM ME COMMONNAME saE ROOT CALREMARKS27 LR ust ocunA Rum LMh4 P,MI 8 HT. COM. Full.DnsoSAU to HATLANTIC OCEAN NOTES: 1. OWNER 63000A LLC 63DO OCEAN FRONT AVE-VIRGINIA BEACH,VIRGINIA 23451 _..f_z_ OCEAN FRONT AVENUE 2. GPIN:2419-72-9806 _ , (UNIMPROVED) 3. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A M.B. 1, PG. SB 2lglle C4 TITLE REPORT. EJW N&BRICK Ae RETAINING WALL F—Z --- BY PREVIOUS cn m t 13Y PF TO REMAIN = 100.00' '� cv 10, 0q)LR A 51-0'O.G. EXISTING HEDGE TO REMAIN 5'POOL K — c 11.40 REMOVE EK g N _ PRPOSEDOOL RU561AN OLIVE CONCRETE N N we 5 19'K 31' HEDGE 2 STEPS 10 39.83' e'00, EXISTING STEPS BY PREVIOUS - w, t w HOMEOMM✓ER TO REMAIN n LOT 5 m PROPOSED PA110 5� Y LU j o x w 1D 9 co it S Q BRICK AND FRAME iO LOT 6cn 3 av RESIDENCE co 46300 1 B 39.66' NOW OR FORMERLY w� THOMAS P.KIDD,JR& T - 38. JUDITH WEST KIDD N 7.9 I.N.20160202000084310 � g LOT A BLOCK 21, o 6; - a Y OVE CAPE HENRY,SECTION E Y " (2)EX M.B.1,PG.86 1 CRAPE GPIN:2419-72-8985 EX CONCREh k =; 37.95' ;I NO US MYRTLE o _ PAVER DPoVETMAY EX CONCRETE RIVE m PARKING COURT 5+ ) y, 1,803 SF INSTALL BERKIDA SOD ON i DISTURBED AREAS EX OVERHaNG ; 41.4' O I I- a 1 mW � _ ,B.r - *14.39, ".El2V BUILDING SETBACK (4)LR O V-0"O.C. sD.9 20.80' .. "s5.53' p � EX CONCRETE DRIVE o dEX BRICK WALL pIN(F) 100.00' EX.WOOD RETAININ PIN(F) 10'INGRESS/EGRESS AND DRNNAGE AND UTILITIES REMOVE EX EASEMENT TO BENEFIT LOT 4 RUSSIAN OLIVE NOW OR FORMERLY D.B.2134,PG.303 HEDGE I THE BETTIE C GOODMAN NOW OR FORMERLY MARCIA A.MOSS&BURTON A.MOSS REVOCABLE TRUST REVOCABLE TRUST rQoT T� °AP N. PPER NIT IN.202203003411UPPER UNIT10763RD STREET A CONDOMINIUM LOWER UNIT 10763RD STREET A CONDOMINIUM M.B.121 72-PG.51 M.B.123,PG.51 TJZZ F� Y GPIN:2419-72-7991 GPIN:2419-72-8815 c.No.383952�� 0' 30' 60' s SS�ONAL ECG LOTS 5&6 GALLUP BLOCK21,CAPE HENRY,SECTION E SURVEYORS&ENGINEERS VIRGINIA BEACH,VIRGINIA 323 FIRST COLONIAL ROAD FOR:6300 CA LLC VIRGINIA BEACH.VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale 1"=30' Date:JUNE 2,2023-Revised:8-14-23,10-11-23 .-...sc,.,.—1es.1 ":'20—--- .MP-aaa_evu.-1.a p,a 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 , 20Z , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and 6300 OA, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "5" and Lot "6", Block 21, Section "E" as shown on that certain plat entitled: "CAPE HENRY SECTION - E," Scale: 1" = 200', which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, at page 8B, and being further designated, known, and described as 6300 Ocean Front Avenue, Virginia Beach, Virginia 23451-2143; WHEREAS, it is proposed by the Grantee to maintain existing trees, landscaping, retaining walls, and concrete and stairs, and to install and maintain variable width landscaping, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in installing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into two (2) City-owned rights of way known as Ocean Front Avenue and 63rd Street, collectively, the "Encroachment Area"; and GPIN: NO GPINS ASSIGNED (CITY-OWNED RIGHTS OF WAY KNOWN AS OCEAN FRONT AVENUE AND 63RD STREET) 2419-72-9806 (6300 OCEAN FRONT AVENUE) 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 installing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be installed 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 TREE & HEDGE REMOVAL, PROPOSED LANDSCAPE, EXISTING STEPS, & RETAINING WALL ENCROACHMENT LOTS 5 & 6 BLOCK 21, CAPE HENRY, SECTION E M.B. 1, P.G. 8B VIRGINIA BEACH, VIRGINIA FOR: 6300 OA LLC," Scale: 1" = 30', dated June 2, 2023, revised on August 14, 2023 and October 11, 2023, prepared by Siska Aurand Landscape Architects and Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 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. 3 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. 4 IN WITNESS WHEREOF, the said 6300 OA, LLC, a Virginia limited liability company, has caused this Agreement to be executed on its behalf by Omar Anwarzai, Member of 6300 OA, LLC, a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2025, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 6300 OA, LLC, a Virginia limited liability company By:7Wy;'1. 16 (SEAL) Maria B. Clarke, Manager STATE OF ��l�tNifit CITY/COUNTY OF ( �Vlllrl. o-wit: The foregoing instrument was acknowledged before me this _IS "day of 2025, by Maria B. Clarke, Manager of 6300 OA, LLC, a Virginia limited liability company. Commonwealth Of Vlrglnla Nancy Kathryn Bowden•Notary Public Commission No:7974277 My commission Expires 08/31/2026 L) Notary Public My Notary Registration Number: -�01 -7 '-f 2,71 1 My Commission Expires: 0 e) 7 Z APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P 131-llt WORK — REAL ESTATE . HARMEYER DEPUTY CITY ATTORNEY 7 EXHIBIT A TREE 4 MMW REMOVA,PR4P10SM LAIDSGAPE, ED to'Hop EXISTING STEPS,4 RETMW M AU EN'.ROA0HW SISKA AURAN2 LANXcAPE AWhMTS 2200 CaMAL A%SM SUITE 22, NORFOLI(,VA 255ITRI01E P>S9)621440"1GOODWINRESIDENCESTREETFRONTAGEPRIVACY-PLANT LIST •IdeasOTr sne dtFNIFiCNANE uerNONNAME size ROOT 6II 33 LR N—I.tunlb4um L..D4 prw aKT. FNIATLANTIC OCEAN NOTES: 1. OWNER 6300 OA LLC MW OMAN FRONT AVE-VIRGINIA BEACH,VIRGINIA 23461 --now_Z OCEAN FRONT AVENUE 2 GPIN:2419-72-9806 _8. (UNIMPROVED) 3. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A M.B. 1, PG. BB A fit ry TITLE REPORT. EXISTING BRICK -- RETAINING WM.L BY PREVIOUS -' CR N OYI►tit TO REMAIN 100.00' 10' by LR 0 V-v or— EXISTING►EDSE TO REMAIN s POOL c —11.40' REMOVE EX p�p� g i3 n .to RU55"OLNE CONCRETE a N 2 STEPS s L ..._... .._ ..._.-.._. - --.. 39 - -83'-_ ..: .:: 6..,.o. _7.!!T'Y36.7 i92SI0.;flNST' Qlit9rs�;fi` PORCH to to.o 00' 3. 35Z (r m EXI5TIN5 STEPS BY PREVIOU5 m ._ HOh[OWE2 TO REMAIN n LOT 5 m N�� PA 3� ril LL' W o ti ag io t0.9' .ix p �¢ � vi h K U BRICKAND FRAME in I LOT 6 �w RESIDENCE 46300 NOW OR FORMERLY 39.66' -- THOMAS P.KIDD,JR 8 7 9,� - 38. —_ JUDITH WEST KIDD N I.N.2016020200D084310 m LOT 4,BLOCK 21, o $ CAPE HENRY,SECTION E REMOVE M.B.1,PG.86 (2)EX GPIN:2419-72-8985 EX.CONCRETE on 37.95'-- CRAPE ul z MYRTLE , o PAVER DfaVEMIAY t �' pC CONCRETE PARS CgOIIRT mr INSTALL l36iM1DA SOD ON I � b'-0° 7 DISTUR AREAS L BED -- - EX OVERHANG 41.4' I a �n a� 0 9.50 L� '14.39' 20 BUILDNG 5 cY� (4)LR 05'-0°So.9' --20.80'- L BRICK WALL 35.53' -- EX CONCRETE DRIVE 'n d o EX BRICK WALL — PIN(F) 100,D0, EX.WOOD RETAINI PIN(F) IV INGRESSIEGREBS AND DRAINAGE AND UTILITIES REMOVE EK EASEMENT TO BENEFIT LOT 4 RUSSIAN OLIVE I NOW OR FORMERLY D.B.2134.PG.303 I H THE BETTIE C GOODMU4N NOW OR FORMERLY REVOCABLE TRUST MARCIA A.MOSS&BURTON A.MOSS EA1 T$OA I.N.202203046844 REVOCABLETRUST 4 UPPER UNIT IN 202203003411 pa P 107 63RD STREET A CONDOMINIUM LOWER UNIT C-S Ox M.B.123,PG.51 107 63RD STREET A CONDOMINIUM GPIN:2419-72-7991 M.B 123,PG,51 U y GPIN:2419-72-8815 A e UTLER • c. o.39395 0. �sS1ONAL f" LOTS 5&6 GALLUP BLOCK 21,CAPE HENRY,SECTION E SURVEYORS&ENGINEERS VIRGINIA BEACH,VIRGINIA 323 FIRST COLONIAL ROAD FOR:63D0 CA LlC VIRGINIA BEACH.VIRGINIA 23454 (757)4288132(757)425.2390 FAX Scale 1"=30' Date:JUNE 2,2023-Revised:8-1423,10-11-23 .trvnc�a,.u,n,—sr.,a crae:.,w.,,.....a,..4.,,:.as:no..w;,e.q o;i.rzr,3.a•z.n.mr.r.oor a3 e y.: i r b•� 4� , a 1 } •x"�a � �...+I .ram ,.rrr�'"�. �.� ;y 1 � w: �s i a .. i a e » 1 , rr 3 `F r r, M„ X s � 4 y � , s^ P i. W4-- I SITE _ o 0 �G m A 7 i A vG m fro)3R�,ST LOCATION MAP z ENCROACHMENT REQUEST -� FOR z 6300 OA, LLC. Legend 6300 OCEAN FRONT AVENUE ® G m GPIN 2419-72-9806 PIN 2419-72-9806 Feet City Property 0 50 100 200 D.c.. —i h,, i1:OW�F—;F— IZ--o Q—A—P.......I A 1"N1')S v—AnmD...i.. %A,,Vil—lA(_FAtnA.AADC17A1071 ORl1C17A10710441C�n.� 3 O 6 �N Sim n, �2. �M O (S1 �,�> .mot.* � .t "'' •z � . ,ems;, •�=m � it It S :* k 1G 63 S LOCATION MAP r - ENCROACHMENT REQUEST FOR 0 6300 OA, LLC. Legend - —A 6300 OCEAN FRONT AVENUE ' GPIN 2419-72-9806 �, Q GPIN 2419-72-9806 - Feet City Properties 0 50 100 200 oa —4K., iuoavfP—rc vinnmc VBVIRGINIA Disclosure BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTIONAPPLICANT DISCL• APPLICANT INFORMATION Applicant Name: as listed on application 6300 OA, LLC, a Virginia limited liability company Is Applicant also the Owner of the subject property? YesQ No0 if no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes NoO If yes, name Representative: R. Edward Bourdon, Jr., Esq., Sykes, Bourdon, Ahern & Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yesl)Noo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the applicant (Attach list if necessary.) Members: Matthew Goodwin&Kirsh Goodwin; Manager. Maria B. Clarke Does the subject property have a proposed or pending purchaser? Yes U NoT if yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes() No� If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entit, and/or individual; Financing(mortgage, deeds of trust, O O cross-col late ra lization,etc.) Real Estate Broker/Agent/Realtor 0 Disclosure Statement I rev. May-2024 page 1 of 3 SECTION 1: APPLICANT •SURE contlimed SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape ao„Q1.A=%LMM,M,du„aWmpe oar,owJr Coxftwa Architect/Land Planner O 0 cw"M.P.C. Construction Contractor 01 e Engineer/Surveyor/Agent 0 David Butler,Gallup Surveyors&Engineers,Rd. Legal Services a Q RR Eftrard Bourdon,Jr.,*.,Sykes,Bowdon,Ahem&Levy,P.C. APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. 6300 OA, LLC: By: Maria B. Clarke, Managero�� Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(1)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): �srb 7/30/,25- n3� Staff Name (Print) Sta 5' ature Dat Disclosure Statement I rev. M ay-2024 page 2 of 3 SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm,business,trust,or unincorporated business? YesoNoo If yes, list the names of ail officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Irelationship with the qpplicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso Noo If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No 0 If yes,,name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual)- Financing(mortgage, deeds of trust, O 0 cross-col lateral ization,etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 0 Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 01 Legal Services 0 0 J PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. I understand that upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 ��u tied tg� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Resources Authority Virginia Community Flood Preparedness Fund MEETING DATE: September 2, 2025 ■ Background: The Virginia Community Flood Preparedness Fund (CFPF) was established in the Code of Virginia during the 2020 session of the General Assembly. Funding is generated through the auction of carbon allowances through the Regional Greenhouse Gas Initiative. The fund was established to provide support for regions and localities across Virginia to reduce the impacts of flooding, including flooding driven by climate change. Funding is distributed from the Virginia Resources Authority and administered by the Virginia Department of Conservation and Recreation. The City was awarded funding in Round 5 of the CFPF to assist with completing design and construction of stormwater improvements with the Bow Creek Stormwater Park. The Bow Creek Stormwater Park project is the conversion of Bow Creek Golf Course into a stormwater park for flood mitigation. This project will convert the land use from an existing golf course into a multi-faceted facility that will provide roughly 300 acre-feet of stormwater storage which will help to mitigate flooding and restore natural systems while providing active and passive recreational opportunities. This project will also function as an ecological patch as a part of a larger corridor for migratory wildlife. This application focused on Phase II of the project and is represented below, Phase I of the project is currently in construction. The awarded grant funding is $7,000,000 with a local contribution of $24,197,290 for a total cost of $31,197,290. The local funding match was previously budgeted in Capital Project 100516, "Bow Creek Stormwater Park," which was part of the November 2021 Bond Referendum. ■ Considerations: Funding from the Commonwealth will be provided on a periodic reimbursement request basis. The grant period is from January 1, 2025, to January 1, 2030. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Location Map, Project Detail Sheet Recommended Action: Approval. Submitting Department/Agency: Public Works City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA RESOURCES 3 AUTHORITY VIRGINIA COMMUNITY FLOOD 4 PREPAREDNESS FUND 5 6 WHEREAS, the City has been awarded funding from the Virginia Community Flood 7 Preparedness Fund for the design and construction of drain improvements in the Bow 8 Creek Stormwater Park; and 9 10 WHEREAS, funding for the local contribution is already appropriated in Capital 11 Project #100516, "Bow Creek Stormwater Park"; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1) $7,000,000 is hereby accepted from the Virginia Community Flood 17 Preparedness Fund and appropriated, with revenues from the Commonwealth 18 increased accordingly, to the FY 2025-26 Operating Budget of the Department 19 of Public Works and transferred as pay-go funding to Capital Project#100516, 20 "Bow Creek Stormwater Park," for design and construction of drain 21 improvements in the Bow Creek Stormwater Park. 22 23 2) The City Manager or his designee is hereby authorized to enter any necessary 24 agreements associated with project development for Project #100516 25 consistent with the grant award. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �L_ ryzw_)�D- / Budget and Management Services orney's Office CA16949 R-1 August 18, 2025 V1RGiN�A'gE ��"�` gLva. ►-z64 rWIN, TRAILS z c� Z 'GPRC� Z� �S �l' FLINT, `ASGOT CT rn Lu � ._ ujSlTrz � o ANS LLJ } a wn r, 4Q a wr 3 � ti m m 8 NS l. s tj W 2 ti 9 Rt SI1 tq ' k�N(fiy t;. I Li u CuAVE Legend LOCATION MAP BOW CREEK STORMWATER PARK 01486-77-3671 -� J` _' CIP 100516 0 600 1,200 ElCity Property _ " = � fi°j�F� I I I Feet o......» A k— I!CID%A/ C,...M.....—o...... InG n7 nn)c Y:G r...o..c4ppf11F!`TCS A.�l�'c O.,JcrfclFn..b,�.:.,.,C��.,.w/\A„o..v(�Mo.uif�D KA.— City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project:100516 Title:Bow Creek Stormwater Park Status:Approved Category:Flood Protection Department:PUBLIC WORKS Ranking:0 Project Type Project Location Project Type:New Facility Construction/Expansion District:3 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 76,895,850 76,895,850 0 0 0 0 0 01 32,848,529 Description This project is part of the Princess Anne Plaza,The Lakes,and Windsor Woods Flood Protection Program Master Project.It includes design,acquisition of property,and construction of the conversion of Bow Creek Golf Course in the Princess Anne Plaza neighborhood into a park with stormwater storage.Design and construction of the excavated lakes and park amenities are included. The project will be constructed in two phases. Purpose ' T is project wi improve stormwater management wi in t e Princess Anne P aza neig or oo an re ieve wi esprea oo ing.Princess Anne P aza is iocate in a low-lying area that is flooded by moderate to severe rain and high tides.Without a major stormwater storage facility,the Princess Anne Plaza neighborhood will continue to flood during moderate to severe rain and tide events. History and Current Status This project first appeared in the FY 2019-20 CIP and is a breakout project of Princess Anne Plaza Drainage Improvements Phase I(CIP 100315).The design was funded partially by 100315,Princess Anne Plaza Drainage Improvements Phase I.The project was previously known as Princess Anne Plaza Golf Course Conversion.In FY 22,$6,689,000 was transferred from this CIP(100516)to the Windsor Woods Tide Gate Project(CIP 100488)to cover a funding shortfall for construction in CIP 100488.This project is funded by the 2021 Bond Referendum. Operating Project Map Schedule of Activities Project Activities From-To Amount rP� Inspections and Support 07/20-05/30 7,786,452 Design 07/20-03/25 9,314,148 Site Acquisition 07/24-01/26 750,000 Utility Adjustment 03/25-03/26 100,000 o-o- Construction 07/23-05/30 81,217,295 Contingencies 07/17-05/30 10,576,484 oz a Total Budgetary Cost Estimate; 109,744,379 4 � Means of Financing 1GG o2 s 4 _ CNG Po-G = O j Funding Subclass Amount Local Funding 76,895,850 • 100516 Total Funding: 76,895,850 W��oYM1t4N LN 2 Y eo FGREST GLCN Rp R141N SM4N TRL 9CC'S'Q <L O FY 2025-26 TO FY 2030-31 135 CAPITAL IMPROVEMENT PROGRAM ro° ig � J J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Workforce Development and Clinical Programs MEETING DATE: September 2, 2025 ■ Background: The Virginia Department of Behavioral Health and Developmental Services (DBHDS), Virginia Department of Social Services (VDSS), and the Virginia Crisis Intervention Team Center (VACITC) are providing funding to support various workforce initiatives that will assist with growing the workforce to provide services to individuals with behavioral health and developmental disorders. DBHDS will also be providing annual State restricted funding to support various clinical programs. ■ Considerations: This is one-time funding of $1,911,119 to support FY 2025 Workforce Development initiatives and clinical service expansion. Funds must be fully expended by June 30, 2026. The workforce development initiatives support currently filled positions and do not add any new positions. This funding primarily supports compensation increases for state-supported positions. These funds may also provide one-time bonuses to state-supported positions. However, the state will not reimburse the City for bonus expenses if bonuses are not provided. Purpose Agency Amount Regional Workforce Development Funds DBHDS 160,061 One Time COLA Support for BHDS DBHDS 295,975 One Time Bonus Support from DBHDS DBHDS 148,347 Targeted Bonus Support for Social Services VDSS 200,365 Targeted COLA Support for Social Services VDSS 535,783 Problem Gambling Program Expansion DBHDS 19,500 Regional Mobile Crisis Response Expansion DBHDS 517,853 FY 2026 Crisis Intervention Team Training VACITC 33,235 Total $1,911,119 ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:�� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR WORKFORCE DEVELOPMENT AND CLINICAL 3 PROGRAMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $1,141,736 is hereby accepted from the Virginia Department of Behavioral 9 Health and Developmental Services and appropriated, with revenue from the 10 Commonwealth increased accordingly, to the FY 2025-26 Operating Budget of 11 the Department of Human Services for Workforce Development and Clinical 12 programs. 13 14 2) $736,148 is hereby accepted from Virginia Department of Social Services and 15 appropriated, with revenue from the Commonwealth increased accordingly, to 16 the FY 2025-26 Operating Budget of the Department of Human Services for 17 Workforce Development and Clinical programs. 18 19 3) $33,235 is hereby accepted from Virginia Crisis Intervention Team Center and 20 appropriated, with revenue from the Commonwealth increased accordingly, to 21 the FY 2025-26 Operating Budget of the Department of Human Services for 22 Workforce Development and Clinical programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,L-A-^� g4�at6' Budget and Management ervices rney's Office CA16952 R-1 August 19, 2025 sJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $426,668 from the Virginia Department of Emergency Management to the Department of Information Technology MEETING DATE: September 2, 2025 ■ Background: The Department of Information Technology has been awarded $426,668 from the Virginia Department of Emergency Management (VDEM) through the FY 2024 Urban Area Security Initiative (UASI) Communications Grant. The FY 2024 UASI Communications Grant will support the Department of Information Technology working in conjunction with the Department of Emergency Management to update and maintain the region's radio system ORION and other public safety radio systems. The funding will be utilized to replace outdated infrastructure and radios to support the ORION. VDEM has assigned this regional grant to the City. ■ Considerations: There is no local match required for this grant. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Information Technology City Manager:ft 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $426,668 FROM THE VIRGINIA DEPARTMENT OF 3 EMERGENCY MANAGEMENT TO THE DEPARTMENT OF 4 INFORMATION TECHNOLOGY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $426,668 is hereby accepted from the Virginia Department of Emergency 10 Management and appropriated, with revenue increased accordingly, to the FY 11 2025-2026 Operating Budget of the Department of Information Technology to 12 support the replacement of outdated infrastructure and radios to support the 13 region's radio system ORION. 14 15 2. Equipment purchased with this grant is not guaranteed to be replaced by the 16 City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ZA� udget and Management ervices City orney's Office CA16945 R-1 August 18, 2025 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $60,000 in Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund MEETING DATE: September 2, 2025 ■ Background: The Virginia Beach Police Department requests that City Council approve the use of $60,000 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to repurpose the currently unused lockup space at the 3rd Precinct into a dedicated office area for the Crime Suppression Squad (CSS). The existing facility is not utilized for the original purpose due to advances in the arrest procedure. Transforming the former lockup into a functional workspace will significantly enhance operational efficiency of the CSS, by providing a dedicated, secure space where the CSS team can conduct intelligence-driven discussions, plan operations, and handle sensitive case information without disrupting others in the detective bay. Request allows for minor site demolition, minor building construction, carpet, paint, lighting, cable run, and furniture to update this work area. ■ Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission, but cannot be used to supplant local funding. Rather, seized asset resources must be above and beyond City funding. There is sufficient fund balance in the Police Federal & State Seized Assets Special Revenue Fund to cover the amount requested in this action, as of August 2025, the unassigned fund balance is around $1.6 million. As provided in the ordinance, the city makes no commitment to replace equipment purchased with these funds. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:Ap 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $60,000 2 IN FUND BALANCE FROM THE POLICE FEDERAL & 3 STATE SEIZED ASSETS SPECIAL REVENUES FUND 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $60,000 is hereby appropriated, with revenues increased accordingly, from the 9 fund balance from the Police Federal & State seized Assets Special Revenue Fund 10 to the FY 2025-26 Police Department Operating Budget to repurpose the currently 11 unused lockup space at the 3rd Precinct into a dedicated office area for the Crime 12 Suppression Squad. 13 14 2. Equipment purchased through this funding is not guaranteed to be replaced by the 15 City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services or y's Office CA16951 R-1 August 19, 2025 iC, Lid CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $43,408.47 from the Tidewater Emergency Medical Services Council, Inc., to the Department of Emergency Medical Services MEETING DATE: September 2, 2025 ■ Background: Emergency Medical Services (EMS) agencies in the Hampton Roads region of the Commonwealth of Virginia previously received crucial medical supplies for several decades through a drug and IV box exchange program run by Tidewater Emergency Medical Services Council, Inc. (TEMS). The disbursement of funds received was to offset a portion of the cost incurred by EMS agencies during the transition to an internal pharmaceutical management program. Under this arrangement, area hospitals exchange new fully stocked medical supply kits with kits that have been depleted by EMS providers in the field at no cost to EMS departments. Under the backing of the Protecting Patient Access to Emergency Medications Act of 2017 and the Drug Supply Chain Security Act, individual EMS departments must now maintain dedicated internal pharmaceutical management programs. To offset the impact of the medical supply kit transition, Sentara Healthcare provided $200,000 via the Sentara Cares Grant and Children's Hospital of The King's Daughters provided $20,000. At the March 13, 2025, TEMS Board of Directors meeting, a recommendation was made regarding the disbursement of these funds to 10 jurisdictions: Accomack County, Chesapeake, Chincoteague, Franklin, Isle of Wight County, Norfolk, Northampton County, Portsmouth, Suffolk, and Virginia Beach. Virginia Beach EMS was awarded 21.7% of these funds based on the Office of EMS data repository for Calendar Year 2024 patients transported with at least one medication administered throughout the Tidewater region. ■ Considerations: Virginia Beach EMS was disbursed $43,408.47 to support purchases for prehospital medications and intravenous therapy supplies, medication kits and bags, licensing fees, narcotic safes, medication distribution units, or required safety security systems and related technology. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Medical Services City Manager: 40 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $43,408.47 FROM THE TIDEWATER EMERGENCY 3 MEDICAL SERVICES COUNCIL, INC., TO THE 4 DEPARTMENT OF EMERGENCY MEDICAL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $43,408.47 is hereby accepted from the Tidewater Emergency Medical Servies 10 Council, Inc., and appropriated, with revenues increased accordingly, to the FY 2025-26 11 Operating Budget of the Department of Emergency Medical Services to fund medication 12 kit transition support adjustments. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City or ey's Office CA16942 R-1 August 18, 2025 S�,Nu e�iti f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $35,000 from the Southern Virginia Internet Crimes Against Children Task Force to the FY 2025-2026 Operating Budget of the Police Department MEETING DATE: September 2, 2025 ■ Background: The County of Bedford and more specifically, the Southern Virginia Internet Crimes Against Children (ICAC) Task Force, has been awarded funding from the ICAC Fund. This funding has been made available by the Virginia Department of Criminal Justice Services. The City of Virginia Beach Police Department has been approved as a sub-recipient for $35,000 of this funding. This grant will fund $30,000 in overtime and $5,000 for supplies/equipment needed to investigate ICAC cases. The grant period is from July 1, 2025 through June 30, 2026. ■ Considerations: The grant provides $35,000 of funding. There is no local match requirement for this grant. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $35,000 2 FROM THE SOUTHERN VIRGINIA INTERNET CRIMES 3 AGAINST CHILDREN TASK FORCE TO THE FY 2025-26 4 OPERATING BUDGET OF THE POLICE DEPARTMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $35,000 is hereby accepted from the Virginia Department of Criminal Justice 10 Services via the Southern Virginia Internet Crimes Against Children Task Force 11 and the Bedford County Sheriffs Office, and appropriated, with revenue 12 increased accordingly, to the FY 2025-26 Operating Budget of the Police 13 Department for overtime, the purchase of equipment, travel, and training to 14 enhance efforts to address internet crimes against children. 15 16 2. Equipment purchased through this funding is not guaranteed to be replaced by 17 the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . J Budget and Management Services ity ttorney's Office CA16943 R-1 August 18, 2025 �Nu ems. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $296,787 in State Funds to the Clerk of the Circuit Court's FY 2025-26 Operating Budget for Technology Related Expenses MEETING DATE: September 2, 2025 ■ Background: The Clerk of the Circuit Court receives funding for technology by assessing technology Court fees authorized by the Code of Virginia. During the last fiscal year, the City received reimbursements from the State to the Technology Trust Fund and these funds must be appropriated for FY 2025-26 before the Clerk has the authority to use the funds. The Clerk's Office is requesting an appropriation of $296,787 from the balance of the Technology Trust Fund. This funding will support the annual software maintenance and also the Disaster Recovery maintenance plan with Logan Systems, Inc. (Land Records system), in addition to any hardware and servers as needed, the Court's E-Filing system and Jury System with Tyler Technologies, Inc., the Supreme Court of Virginia CCMS (case management software), the Supreme Court of Virginia CIS (case imaging software), the Supreme Court of Virginia VDS (video docketing software), the Supreme Court of Virginia COVERS (additional land records program), also any additional hardware, software, and servers for all systems as needed for the Clerk's Office, and any supply needs (hard cards, printer ink, etc.) for the Concealed Handgun Permit on-line application with Permitium. ■ Considerations: This appropriation will not require any additional funding from the City. The appropriation gives the Clerk's Office the authority to spend the funds for technology needs in their office with State revenue offsetting the appropriation. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Clerk of the Circuit Court City Manager?& 1 AN ORDINANCE TO APPROPRIATE $296,787 IN STATE 2 FUNDS TO THE CLERK OF THE CIRCUIT COURT'S FY 3 2025-26 OPERATING BUDGET FOR TECHNOLOGY 4 RELATED EXPENSES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $296,787 is hereby appropriated from the fund balance of the Technology Trust 10 Fund with revenue increased accordingly to the FY 2025-26 Operating Budget of the 11 Clerk of the Circuit Court to support technological related needs and upgrades. 12 13 2. Equipment purchased through this funding is not guaranteed to be replaced by the 14 City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and anagement Services 6tZArto y's Office CA16955 R-1 August 20, 2025 Mom. �IA r,`PGai��'HLl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer$446,105 Within the Public Works FY 2025-26 Operating Budget MEETING DATE: September 2, 2025 ■ Background: Public Works Street Maintenance Concrete Operations was approved for new concrete crew within the Adopted FY 2025-26 Operating Budget. The new concrete crew will work on approximately 4,982 backlogged work tasks, assist with approximately 15,873 non-compliant ADA ramps, and proactively identify and repair structural and maintenance defects before they become a major issue. This budget request was funded by an additional $1.33 million Virginia Department of Transportation (VDOT) funds provided to the City for street maintenance. A total of $782,000 from that amount was appropriated for the purchase of new equipment and vehicles to establish the new concrete crew. However, an additional $446,105 is needed to purchase the full set of equipment, based on received quotes. The department is requesting to transfer$446,105 in operating accounts and vacancy savings to the capital outlay account within the FY 2025-2026 Public Works Operating Budget to cover the purchase. ■ Considerations: This transfer is required to ensure the new concrete experts are fully operational to work on the backlogs, non-compliant ADA ramps, and repair structural and maintenance defects. The transfer will not negatively impact the normal operations of the Department as the newly approved positions are currently on hold until the equipment is received, and as such, funds are available for transfer. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 00 1 AN ORDINANCE TO TRANSFER $446,105 WITHIN THE 2 PUBLIC WORKS FY 2025-26 OPERATING BUDGET 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 $446,105 is hereby transferred withing the General Fund Operating Budget of the 8 Department of Public Works for the purchase of various capital equipment for the 9 concrete crew. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B Adgetand Management ervices Att ey's Office CA16944 R-1 August 18, 2025 K. APPOINTMENTS • ACTIVE TRANSPORTATION ADVISORY COMMITTEE • AGRICULTURE ADVISORY COMMISSION • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF BUILDING CODE APPEALS • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY ORGANIZATION GRANT REVIEW &ALLOCATION COMMITTEE • DEFERRED COMPENSATION BOARD • DEVELOPMENT AUTHORITY • HEALTH SERVCES ADVISORY BOARD • HISTORIC PRESERVATION COMMISSION • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • MINORITY BUSINESS COUNCIL • OPEN SPACE ADVISORY COMMITTEE • PARKS AND RECREATION COMMISSION • RESORT ADVISORY COMMISSION • PERSONNEL BOARD • PLANNING COMMISSION • PUBLIC LIBRARY BOARD • SOCIAL SERVICES ADVISORY BOARD • STORMWATER APPEALS BOARD • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE • WETLANDS BOARD M. NEW BUSINESS N. ADJOURNMENT J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C 0 K S B H S S E C U 0 S DATE:08/19/2025 PAGE: 1 R U T N H C L M H C R AflR H W U M E H G E MU I C I D N E R M ML L C N Y L S E I 0M S H G E E 0 E C NA 0 ITEM# SUBJECT MOTION VOTE I S R Y N N K DN N I. CITY COUNCIL'S BRIEFINGS ADD HURRICANE ERIN David Topczynski, ON Director—Emergency Management A. COMMUNITY POPULATION AND Michael Evans, STATISTICS UPDATE Business Intelligence Director—Hampton Roads Alliance Monica Croskey, Deputy City Manager B. TIP FUND ANALYSIS Kevin Chatellier, Director—Budget& Management Services C. RUDEE PARK UPDATE Michael Kirschman, Director—Parks& Recreation Chad Morris, Planning Design& Development Administrator—Park &Recreation II.-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MAYOR'S PRESENTATIONS I. RESOLUTION IN RECOGNITION Deputy Fire Chief Richard Vance Cooper,III 2. RECOGNITION OF QUEEN NEPTUNE LI Buffy Barefoot and Court George and Christen Faatz,Celebration Chairs H. PUBLIC HEARINGS 1. TRANSPORTATION ALTERNATIVES SET- 0 SPEAKERS ASIDE PROGRAM Application to VDOT—Community Improvements,Pedestrian and Signal Enhancements 2. DECLARATION AND CONVEYANCE OF 2 SPEAKERS EXCESS CITY PROPERTY Approximately 0.327 acres of real property at 333 Laskin Road Li Ordinance to AMEND the City Code re change the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y polling location for Precinct 0093 to Good CONSENT Samaritan Episcopal Church at 848 Baker Road (Requested by the Virginia Beach Electoral Board) J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O - S DATE:08/19/2025 PAGE: 2 R U T N H C L M H C R A H W U M E H G E M R U I C I D N E R M M O L L C N Y L S E I O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N J.2. Ordinance to AMEND the terms of the Conveyance ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of Excess City property at 2656 Lishelle Place to the CONSENT Virginia Beach Development Authority and AUTHORIZE execution of the Lease and Option Agreement with ViDarr,Inc. J.3. Ordinance to APPROVE Modifications to the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Summary of Terms to the acquisition of structured CONSENT parking at 35th Street and AUTHORIZE the TRANSFER $13,350,000 from Capital Project (#100059)"Resort Parking District're purchase of 200 parking spaces in the proposed garage .1.4. Ordinance to AMEND Appendix F of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re Chesapeake Bay Preservation Area CONSENT Ordinance K.I. FOOD BANK OF SOUTHEASTERN APPROVED/AS 11-0 Y Y Y Y Y Y Y Y Y Y Y VIRGINIA & EASTERN SHORE, INC. for a PROFFERED Conditional Change of Zoning from AG-1&AG-2 Agriculture Districts to Conditional I-1 Light Industrial District re develop a warehouse/distribution center for the Foodbank at 3325 Dam Neck Road,Parcel Directly Southwest of 3325 Dam Neck Road&3357 Dam Neck Road DISTRICT 2 K.2. YPB,LLC for a Conditional Change of Zoning APPROVED/AS 11-0 Y Y Y Y Y Y Y Y Y Y Y from OR Oceanfront Resort District,A-12,A-24 PROFFERED,BY and A-36 Apartment Districts to Conditional A-24 CONSENT Apartment District re demolishing existing multi- family buildings,vacate interior property tines, and construct a 20-unit multi-family condominium development at 309, 311, 313, 315,317,and 319 34m Street DISTRICT 6 K.3. VIRGINIA BEACH COMMUNITY APPROVED/AS 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT CORPORATION/CITY PROFFERED OF VIRGINIA BEACH for a Conditional Chance of Zoning from B-2 Community Business District to Conditional B-4 Mixed Use District re develop sixty(60)residential units and small office space at the parcel northwest of 3792 Princess Anne Road DISTRICT 10 KA. BRADLEY&NETTIE KAIN for a Conditional DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Use Permit re residential kennel at 405 Kings Point OCTOBER 21,2025, Court DISTRICT 3 BY CONSENT K.5. GEORGE LOIZOU/232 JERSEY,LLC for a APPROVED/ 1 l-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Use Permit re bulk storage yard at CONDITIONED,BY 5033 Admiral Wright Road DISTRICT 4 CONSENT L. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION J CITY OF VIRGINIA BEACH A R SUMMARY OF COUNCIL ACTIONS C O K S B H S S E C U O S DATE:08/19/2025 PAGE: 3 R U T N H C L M H C R A H W U M E H G E M R U 1 C I D N E R M M O L L C N Y L S E 1 O U M S AGENDA H G E E O E C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E LN I N 11 DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY BUSINESS COUNCIL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD STORM WATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS COMMUNITY ORGANIZATION GRANT Appointed: 1 l-0 Y Y Y Y Y Y Y Y Y Y Y REVIEW&ALLOCATION COMMITTEE Tiffany Arguello— Representing Public Library Board Unexpired Tenn thru 10/31/2026 DEVELOPMENT AUTHORITY Reappointed: 10-0 Y Y Y A Y Y Y Y Y Y Y Lisa Murphy B 4 Year Tenn S 9/1/2025—8/31/2029 T A I N E D VIRGINIA BEACH VA250 COMMITTEE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y William Curtis— Representing Education Field Unexpired Tenn thru 7/4/2026 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 7:36 P.M.