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SEPTEMBER 2, 2025 INFORMAL AND FORMAL SESSION MINUTES
1 IA+-BEq�S .Cc 0 1 o LZe��n �4ri or OUR NO%' VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia SEPTEMBER 2, 2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, September 2, 2025, at 1:30 P.M. Council Members Present: Michael F Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse, Joashua F. `Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond-Illness 2 CITY COUNCILS BRIEFINGS HAMPTON ROADS TRANSIT LAND REQUEST ITEM#77457 1:31 P.M. Mayor Dyer welcomed William Harrell, President & CEO and Ray Amoruso, Chief Planning and Development Officer—Hampton Roads Transit. Mr. Harrell expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. Harrell and Mr. Amoruso for the presentation. September 2, 2025 System imiza ion Plan Virginia Beach City Council Work Session September 2, 2025 a +sTk r Y SOP Purpose SOP Purpose and Need Statement t The System Optimization 4 I ($' jj yy' `'t '' ` ��i § 4� F3 4 }I Sti �2i!I� , Plan explores how HRT can put its limited resources to their best use by reducing IN ]AT low-ridership local bus r. service and reinvesting -� those savings in routes with high ridership demand. © HAMPTON ROADS TRANSIT Why is the SOP Needed ? The SOP Will: HRT is in the bottom quartile of mid and Increase ridership by putting large transit agencies by passengers service Where it is must needed carried per revenue hour Improve reliability by better 1,2ootripswere missed in June 2025 due matching schedules to bus to operator unavailability. operator and vehicle availability Reduce costs for jurisdictions by SOP-impacted local routes cost $6.43 making the system more cost more per passenger trip to operate than effective regional backbone service. Transferring resources to the regional backbone with lower city-borne operating costs. August 2025 HAMPTON ROADS TRANSIT Context for SOP ■ Bus operator shortages makes it difficult to return service to pre-pandemic levels and provide a consistent and reliable travel option for customers. ❑ HRT is short approximately 50 operators to return to pre-pandemic service levels on Southside routes. To fully implement the RTS network, an additional 45 operators are needed. ❑ Operators are required to work overtime to meet schedule l �, rviro ■ HRT needs to match its service to its resources. The lack of operators means HRT cannot reliably operate the network it has today. Right-sizing the network means HRT can be reliable and not miss trips due to lack of bus operators. ❑ in ;jne 2025, a RT missed approximately 1,200 trips. ■ Microtransit gives HRT new options for serving lower demand markets. HRT can use microtransit to fill gaps in the network where the demand just doesn't exist for fixed-route service. ❑ Microtransit is a new mode that can complement fixed-route services. ■ To fully implement the remaining high frequency service on the RTS routes requires freeing up bus operators. Without freeing up operators, it could take another decade to fully implement 15-minute service. ❑ R I j routes are, on average, have a higher ridership productivity than HK i's local routes. © HAMPTON ROADS TRANSIT August 2025 Service Planning Guiding Principles ■ Optimize service on low-performing local routes ■ Streamline or consolidate routes to remove duplication in the network ■ Realign moderate and high-performing routes to maintain fixed- route coverage ■ Adjust level of service and service type based on land use and employment density and demand August 2025 � ► HAMPTON ROADS TRANSIT Operating Cost per Passenger (FY23 & FY24) Regional Backbone and all local Routes Virginia Beach rautes I $40 $35 $30 $25 Local Average, $19.63 $20 ------------------------------------------------------------- — — -- — $15 Regional Backbone Average, $11.86 --------------------- — $10 m $5 _. y5 yo y w 3 by yoy y3 0 yya you ,�� y1 �� a� yyti yoh you C, yyw 4 1y1 you 41 yoti y3 �y �o you yti ye titi ti pD yy0 3� ya yy y� ti� a 0 yyy Local Routes(maintained) Local Routes(eliminated) Regional Backbone Routes ——— Local Average ——— Regional Backbone Average August 2025 HAMPTON ROADS TRANSIT Passengers per Hour ( FY23 & FY24) Regional Backbone and all Local Routes Virginia Beach routes 16 14 12 Regional Backbone Average, 10.74 — — — — ------------------------------------------------------------------------- 10 — Local Average,6.84 6 _. q 2 B y� ti0 v w 3 yoy ti3 tti h y�1 yy� ��o h y1 Al ph yyti you 40 (i yyw yow yyg you yo3 <o yoti p,Y �O yti ��i you tiL �1 L A� yy0 �� yo yy �h t0 1D y4� yyy h� Local Routes(maintained) Local Routes(eliminated) Regional Backbone Routes ——— Local Average ——— Regional Backbone Average © August 2025 '"404*► HAMPTON ROADS TRANSIT Passengers per Mile ( FY23 & FY24) Regional Backbone and all local Routes =VirginiaBeach routes 1.4 1.2 1.0 Regional Backbone Average,0.90 ----------------------------------------------------------------------------- 0.8 0.6 Local Average, — — --- — — — — ---------------- — ------- —�—� — 0.4 5, 0.2 v e' b, t 0.0 titi a �o yti� ti3 tih ti ah tioti �� tititi y3 tips soh you �� titi you ti� you ytiw ti �o tioti you yow �a ati LL tiyh yy0 yL �1 yh A tiyy ,y"b �I Local Routes(maintained) r Local Routes(eliminated) Regional Backbone Routes ——— Local Average --- Regional Backbone Average August 2025 -QWHAMPTON ROADS TRANSIT Purpose and Need Recap ■ HRT must match its scheduled service to its existing resources. ❑ In June 2025 we missed approximately 1,200 trips largely due to operator unavailability. This averages about 40 trips per day. ■ HRT is using its limited resources on low productivity routes. ❑ SOP-impacted local routes cost $6.43 more per passenger trip to operate than regional backbone service. ■ Right-sizing the network will enable HRT to sustainably operate a reliable service long-term. mAugust 2025 ``ram►. HAMPTON ROADS TRANSIT City- Level Recommendations Virginia Beach Local Route Recommendations Summary ■ Eight local routes operate in Virginia Beach : ❑ Two routes proposed for elimination Route 22 (Newtown Rd Station / JEB Little Creek) Route 26 (TCC Virginia Beach / Lynnhaven Mall) ❑ Four routes maintained with alignment and/or frequency changes Route 12 (South Norfolk / TCC Virginia Beach) Route 24 (Pembroke East / Summit Pointe / Robert Hall Blvd) • Route 27 (Newtown Road Station / Pleasure House Rd) • Route 29 (Pleasure House Road / Lynnhaven Pkwy) ❑ Two routes maintained with no changes Route 25 (Military Circle / TCC / Sentara Princess Anne) Route 33 (Tidewater Community College / 68th St & Atlantic Ave) ■ Two microtransit zones, including the zone that currently operates. ■ Three VB Wave Trolley routes maintained with no changes (Routes 30, 31, and 35). ® August 2025 `��►• HAMPTON ROADS TRANSIT Route 12 (Virginia Beach/Chesapeake/Norfolk) South Norfolk / TCC Virginia Beach ■ Service Changes: 13 Extend to DNTC from & Liberty and Seaboard. DNTC i. L1� zs' Justification: „i, ' ❑ Moderate performance and unique geographic Liberty a seaboard Norfolk- coverage justifyNei. snipvrd t 1 maintaining service 5 � TCC mostly as-is. �` Virginia /1� Beach ❑ Extending to DNTC will cover segments of the eliminated Route 6. Existing Route Proposed Route Q Major Slops Planned Network The Tide Microtransit Zone ® 4HAMPTON ROADS TRANSIT August 2025 Route 22 Beach) (Virginia Newtown Rd Station / JEB Little Creek ■ Results of Service Analysis: ::::::::::::.......... Joint Exp Base ::::: :: o Moderate performance "'e. e............ :::,C gee k;tlt[[f LC71:ft not high enough to justify .................... Shore - . :::::::::.. ea _ :: : i &Pleasure _ ----� so maintaining service in ::: ,,,... -. House addition to microtransit pilot zone (funded through a TRIP grant). ' � � t ■ Service Changes: `,.... .. ..__._ '� Candidate for elimination. Baker& Campus ■ Justification: C3 Route 27 and Route 36 Corporation& will provide coverage to °°5titu"°n similar endpoints and 2E4 ..�,_ Newtown have higher frequencies. - �='d'S'a"°" `,� Eliminated Route Major Stops Planned Network Replacement Routes The Tide F ,_ l Microtransh Zone (Proposed) mAugust 2025 � ►. HAMPTON ROADS TRANSIT Route 24 (Virginia Beach/Chesapeake) Pembroke East / Summit Pointe / Robert Hall Blvd ■ Service Changes: 64 ❑ North of Virginia Beach Blvd, ,a , remove service from \,, �. °`a"°ng +--., I yft �'� Constitution Witchduck Rd and l Naval,Med Independence Blvd. Center , ""7r.1 '"w•._ `�----° Portsmouth ---r�� ■ Justification: _ ❑ Route 24 was implemented right before the COVID-19 No�folk:��t , i Pandemic and never had the S„N,pye'rdi ,4 opportunity to establish itself — ❑ Despite low performance, unique geographic coverage requires maintaining service. RobertHaiiBMiiitery , ❑ Microtransit could cover Executive 8 Eden eliminated segments. Way ❑ Shorter runtime may help Improve low on-time performance. Existing Route -- Proposed Route 0 Major Stops Planned Network The Tide Microtransit Zone ® HAMPTON ROADS TRANSIT August 2025 Route 25 (Virginia Beach/Norfolk) Military Circle / TCC / Sentara Princess Anne 64 ■ Service Changes: Kempsville&Kempsville ❑ No changes Military Circle Mall Circle �..-. Newtown d , ■ Justification: 2(,4 Rd Station ❑ Despite moderately low performance, fixed-route service still needed along Princess Anne corridor due to the presence of �` Nns.. key destinations and _ - TCC Virginia sufficient density. Beach ❑ Route is vital in southern Virginia Beach, en Wellness Loop connecting to the Tide. Existing Route Proposed Route Q Major Stops Planned Network - The Tide Microtransit Zone August 2025 HAMPTON ROADS TRANSIT Route 26 (Virginia Beach) TCC Virginia Beach / Lynnhaven Mall .......................................... ........................................... ■ Results of Service Analysis: o Very low ridership and Sn,-L Lynnhaven financial performance. Mall lowest passengers per trip in the system. ■ Service Changes: o Candidate for NASo@ elimination. .. ...... ...... .. TCC • J Virgrnia4"",,. Justification: Beach o Route 29 will cover part �Nrgmro Acr_h of eliminated route and maintain service to TCC. Eliminated Route Major Stops Planned Network Replacement Routes Microtransit Zone (Proposed) August 2025 HAMPTON ROADS TRANSIT Route 27 (Virginia Beech/Norfolk) Newtown Road Station / Pleasure House Rd ■ Service Changes: A�tl ❑ Terminate at Shore & ..... ? :::aE©:Little:::::::::::::::::::::' .......... ....................... Pleasure House instead of °° Shore JEB Little Creek. : Pleasure es House ❑ Restore peak frequency ; to 30 minutes. / / ■ Justification: ❑ 30-minute peak . �" <, baker 8 frequency justified by Campus moderately high performance. s� ❑ Route 36 now covers � { ,.. Newtown Shore Drive to JEB Little --26d Rd Station -�- Creek Existing Route Proposed Route 0 Major Stops Planned Network The Tide Microtransit Zone ® August 2025 ��� ► HAMPTON ROADS TRANSIT Route 29 (Virginia Beach ) Pleasure House Road / Lynnhaven Pkwy ■ Service Changes: "7AN JEB Crttic ❑ Extend from Lynnhaven !eek Shore&Pleasure House, Mall to TCC to cover Route 26. 1 � First.Colonial 1 &Will O Wisp ■ Justification: First t Colonial& ❑ Despite moderately low 58 Donna performance, unique geographic coverage va Lynnhaven ........................ Mall requires maintaining I this service. �._ NAS Oceana -_ ✓ TCC . Dam:Neck Virginia Beach Existing Route Proposed Route Q Major Stops Planned Network The Tide Microtransit Zone August 2025 ����• HAMPTON ROADS TRANSIT Route 33 (Vi rgi n ia Beach) Tidewater Community College 68th St & Atlantic Ave • Service Changes: kS& r3 No changes. Pari*h ..... ....... • Justification: ................ E3 Despite low ......................... performance, unique geographic coverage NAS:06i;ina requires maintaining TCC Virginia Beach Daff:N6 k this service. Existing Route Proposed Route 0 Major Stops Planned Network Microtransit Zone --QWHAMPTON ROADS TRANSIT August 2025 Service area: Lake Smith, Aragona Village, Pembroke, Arrowhead, .•. "'' �� Bayside Destinations: Sentara ., Leigh Hospital, Virginia �•►"f �Ijj� i t ' Wesleyan University, TRIP Grant ►,�a Pleasure House Zone ,►,.�•E.,� i+,� �. .� ft C=TRIP Grant ��` r" Service area: Glenwood, 1 ` �►`r'f e Salem, Fairfield, Acredale � Destinations: Virginia Beach Sportsplex, Sentara �'.�, ""�` ✓ / �;d®�J� Princess Anne Hospital, Kempsville Rec Center, New Service - �.� Princess Anne Athletic 1� Jr �y , Complex _ y h , • • • � • • • ���, gt w.. ....,.ram i� ,.. ,� �, - py, • . � � • . • J �� � Ip mew � i n a' SOP Recommendations and Outcomes SOP Recommendations Summary ■ Optimize 12 under-performing local routes across the six cities. ■ Local route service reductions will free up resources for implementation of 15-minute peak period service and new microtransit service. 01 Reduction of approximately 90,000 local service hours, 14 peak vehicles, and 65 operators. ■ SOP/RTS implementation requires 242 peak vehicles and 461 operators (including extra board). August 2025 ~�"HAMPTON ROADS TRANSIT SOP Customer Impacts ■ Increase regional backbone service: Over 300,000 Hampton Roads residents will be within walking distance of routes operating with 15-minute ■ Limited loss of service: Bus stops losing service under the SOP account for 3% of all boardings and alightings in the HRT system. ■ Lower wait times for almost all customers: SOP will replace some hourly service with microtransit with a target max wait time of 15- minutes. SOP resources will be invested into 15-minute bus service in the regional backbone network. ■ Improved Reliability: Matching service with operator availability will reduce or eliminate missed trips due to operator unavailability. ® HAMPTON ROADS TRANSIT August 2025 Operational Impacts ■ Improve Operator Retention: Addresses operator burnout and reduces the need for mandatory overtime. ■ Help Manage Operating Costs: Frees up local financial resources that can be re-invested into new microtransit service to address coverage service and low-density areas. ■ Speeds up RTS Implementation: Enables HRT to expeditiously implement high-frequency service on the remaining 10 Regional Backbone routes, funded through Regional Transit Fund. August 2025 '"^►. HAMPTON ROADS TRANSIT Schedule and Next Steps Project Schedule ■ June/July 2025: City Council briefings on draft SOP recommendations ■ October 2025: Public open houses on draft SOP recommendations ■ October/November 2025: SOP Plan Refinements* ■ January 2026: City Council briefings on final SOP recommendations ■ February 2026: Commission briefing on draft SOP ■ April 2026: Commission adoption of the SOP ■ May/June 2026: Implementation planning • October 2026, May 2027, October 2027: SOP Implementation *Feedback and findings from the on-going Peninsula review of the draft SOP recommendations will be evaluated during this phase of the study. 0, August 2025 " ' ? HAMPTON ROADS TRANSIT 3 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#77458 2:07 P.M. Mayor Dyer welcomed Kaitlen Alcock, Planning Administrator. Ms.Alcock expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Alcockfor the presentation. September 2, 2025 +t, Y r PLANNING ITEMS SEPTEMBER 16T" CITY COUNCIL MEETING SEPTEMBER 2, 2025 CITY OF VIRGINIA .�,,.� BEACH SUMMARY - September 16th 11 Planning Items Scheduled for City Council's Consideration ITEM 1: Donna D. Harris & Boris G. Drew • Subdivision Variance (Section 4.4 (b) of Subdivision Regulations) • Recommended for Approval by Planning Commission & Staff ITEM 2: Global Montello Group Corp. • Change in Nonconformity • Recommended for Approval by Planning Commission & Staff ITEM 3: Michael L. McGlynn & Traci R. McGlynn • Change in Nonconformity • Recommended for Approval by Planning Commission & Staff ITEM 4: Virginia Beach Residences, LLC • Modification of Proffers • Recommended for Approval by Planning Commission & Staff 2 VB SUMMARY — September 161h 11 Planning Items Scheduled for City Council's Consideration ITEM 5: VB FBDC LLC DBA Funny Bone Draft Cade • Alternative Compliance • Recommended for Approval by Planning Commission & Staff ITEM 6: Charlese Hasan • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff ITEM 7: David & Deborah Dowdy • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff ITEM 8: Richard F. Davis & Richard A. Davis • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff 3 VB SUMMARY - September 16th 11 Planning Items Scheduled for City Council's Consideration ITEM 9: City of Virginia Beach • Code Amendment • Recommended for Approval by Planning Commission & Staff ITEM 10: City of Virginia Beach • Code Amendment • Recommended for Approval by Planning Commission & Staff ITEM 11: Ashdon Builders 1, LLC • Appeal to Denial • Recommended for Denial by Historical Review Board 4 VB BORIS G . DREW City • • • • 970 Whitehurst Landing • . • SUBDIVISION VARIANCE r�> Z t 1 VIE W crk�troF 's �41�0/NGU��T � rnH" G (Section • ofSubdivision • • Staff Recommends Approval ITEM 1 - DONNA D. HARRIS & BORIS G . DREW • Parcel created improperly by Deed in 1968, plat required to legally create the parcel Property zoned R-7.5; minimum lot width of 75-feet required Lot width of subject parcel is substandard at 10 feet wide .. .w Variance to lot width needed before a plat can be recorded DONNA D. HARRIS & BORIS G. DREW 16 A , ♦ i 1 LW�A 972 WHITEHURST LANDING RD EGEND o-na■wna^.a•tswu�x rqr rc x�v.cmt;+t:s> a 1rAnr SUBJECT PARCEL 1 �m�»�p w„~ .ter;,,.,��,..r,•-.. L EBE t 70# i T I D R ' 90RtN prLv � t4-k 1, . • • • . •.� .. 44 lOL r.0 Ma•t r.as �ott•e uws "\ Lunen ht a•M .ttstMr GRAPHIC SCALE • • swam w,gown y1 l tDl11 fe M1lT 1 M t... Na=kjg �.eot i � sa•ar.�an o- A PORTION' OF PARCEL "0' s2�msar/of;ly F!M "JOHN 1t. SMITH ESTATE" "'�� ran.sn,>.•oa(en a�9.r.ea 2; r �•+'°'a�+ a �'•, xLca+u Lsm rvccna,. a MAY,20ffi rr 9CJlL:V•2.' um 2 op 2 GLOBAL MONTELLO GROUP CORP. Council:City • • Road �a O �. � E�VN p 1 B? � ✓` - CHANGE IN .. m WDLFSNgRE RO fC p�RBpRN OR � ,P� v,s}(1NR� i Z i 1,..✓ �SKINa� a VfAM' � 1, 70 l� NI v rp 82 P �NtdH pa 9 M-_ Y NONCONFORMITY Staff Recommends Approval Planning Commission • - • 10 to 0 to recommend Approval ITEM 2 - GLOBAL MONTELLO GROUP CORP. Request for a Change in ExWng Nonconformity to relocate the Location existing sign on site -' Sign previously located at the corner of the site; moved to ® current location during VDOT c project • Sign is legally nonconforming as to Proposed I-lb Location . height and square footage • 12-foot maximum height permitted; existing sign is 22 feet & 7 inches tall Maximum permitted sign face is 32 square feet; existing sign face is 97.8 square feet GLOBAL MONTELLO GROUP CORP. 19 46 GLOBAL MONTELLO GROUP CORP. ITEM 2 Expansion to the •ca'¢' � - nonconformityproposed: Minimum requiredsetback •n,�..,�ar*csr.+xs2r..acrraca. � feet; 3-foot setback requested curbing and Propose n� 0 0 landscaping Will not interfere with public infrastructure or visibility at the intersection No known opposition GLOBAL • • GROUP CORP. 10 r: Council:City • Location: 311 35th Street CHANGE IN 4 ort,` J i rye � 22^d Street �-- 5lreel < a1f Strygt. � .. t 24 Y�24th c 2tStH oa ,� .,i.,- .'•�.� ; th stx fesltQet 23rd Stteet '„�-- ...... ._/��"'�� '�R .,., �. 23rd slrQet �22nd glr t nv t9t Stteet _ _.. _....,�"`•— to l ht�{aN Streit eo ward Y h Svget S � ��� . � 16th �. 9 14th Stteet � � N A N n � reel m t n 10thstteet t5th St � t qth scree Stteet p,\\eY t2th street t .. 13th G ,5$ NONCONFORMITY Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval ITEM 3 - MICHAEL L. MCGLYNN & TRACI R. MCGLYNN • Change in Nonconformity for an addition to a legally nonconforming single-family dwelling Y _ • Property developed in 1940 prior to the Zoning Ordinance, and there are several existing nonconformities: • Single-family dwelling on an A-12 zoned lot r " � Deficient front, side, & rear yard setbacks Deficient minimum lot width • Lot coverage greater than 30% maximum _. ...' . MICHAEL L. MCGLYNN &TRACI R. MCGLYNN 12 D[L A RNl OM RO.xWER f,lON r SUMSsiD M RpIVn 9UYX DR 11+6 RAT A1•M nRC tRlx Ap iwE M rwF BRIIpnR AR.M Sr�CRM W e.M•.AtDMCS STAND SDMtI R1iM1{w1 DR(lnf5 Aw0 MRL AW M rs Ica v-J rKRrypARwtf OR OMR Iu1DMe:{ree n-As YORR. ^+f sgeRRR 9CRN MINDM ARRAR5�� d'M)bR CN M 14R RAEf 9rPei R0.0R NnAYtKx M �to°D rRVJIwG[nROOwi<rr),! Ytt{Av 4mr)!de M tm o!vwCw!s-vrowM Iwrnw+n' /sisD.)r)ARy(D:YMu.R+t0.tDr>xf ut v RM91�t0.ANId E Y]D0. Proposed • • • • improvements:��„•,� 35 1/2 STREET ts.os) ra."+n.r� zonsan 20 FT ALLEY cue n.D.eey [d11b0 Melt t3 SOfI. R"TAS'E SS C9'(0/A) [dMYy d4 W SD.fI. 00 5p.00' � Front porch addition «•�� sorl Balc ny ' Second story addition with a balcony at the rear (n PrcpOeRJ A06:bnw ... _... p Plap°sN PDM: J6A 99./1. 1'7 PrePDAW Bek°ny 96 ft the JfiD 59rt Changes to • • • Front-yard setback — 13.4 foot existing; 9.6 foot _ Q 2"�' Story Addition a proposed; 31 • • . • - • Q Lot Coverage — 30.8% W EASTERN �• FEET OF LOT 2 � «>�� existing; 1 , „ / �� SeZASW 5500'{0/AJ maximum No changes to the side- or rear-yard Front Porch Addition ��:- 35TH c6D R N STREET cR _._ �) PROPOSED ADDITIONS PHYSICAL SURVEYsetbacks 311 35TH STREET MICH LOT 1 A ZONEO. At2 per Gr5 EASTERN FIVE FEET OF LOT 2 cri�v:�n�e�..ss3c SIIE I LlNOIORN PARK Re �, �.. r J':RCrM.A BEACH.NRC�rvJ .y•• OR MTC:OeeRmnxr 1,20N Michael L. h Troci R. McGlynn scxe: {•-zo' / / WHITE VINYL WINDOWS BOARD+BATTEN HARDIE CEMENT BOARD WHITE VINYL WINDOWS BOARD+BATTEN HARDIE CEMENT BOARD MASTIC VINYL-WHITE SIDING-BOOTHBAY BLUE MASTIC VINYL-WHITE SIDING-BOOTHBAY BLUE t� 4 I`J T ! i ram. �nlninudllllllllll �� � � !!I 111 SOUTH ELEVATION EAST ELEVATION No known opposition Council: LLC City • • • Location: 1276 Baker Road & vacant parcel north of 1276 Baker Road MODIFICATION OF PROFFERS Staff 14 G 82 q� Q _8H•1-4R0--""r f A Bz 11 � A Recommends Approval Planning Commission • - • 10 to 0 to recommend Approval ITEM 4 - VIRGINIA BEACH RESIDENCES, LLC • Deferred from August 12, 2025 City Council Hearing • Modification of Proffers for 14.6-acre, w A-36 zoned property; located in the Burton Station Strategic Growth Area In 2022, a Conditional Rezoning request was approved to allow for the development of up to 524 apartment . _ ._ _ _. units • Applicant seeks to amend the 2022 proffers to alter the site layout and reduce the apartment units from 524 to = 375, resulting in an overall density of 25.68 units per acre VIRGINIA BEACH RESIDENCES, LLC 116 f EILTERIOR MATERIAL LEGEND ��µGVroORT MASONRY Development �� /l EXTERXJR EIEVATpN-CARPORT-YYEST ILI MINERAL FIBER CEMENT �ro"`� p( p - ppi�pp multifamily W' ...m.� ■ 8 E7(TERIOR ELEVATION-CARPORT-SOUTH 3 EXTERIOR ELEVATION-BUILDINGI-SOUTH COURTYARD buildings ❑��.+m.n ■...e. Rn�m ,.,,. .mrorwc ,mrorue ■.mow" �m ��'o..° � maintenance building EXTERIOR ELEVATION-GARAGE-NORTH _-- _ garage structures gas ul HU g Mae 1k #5 11 1,Mi. �•yy I EXT9 Carports distributed throughout ERIORELEVATION-GARAGE-EAST `EXTERy_ pR ELEVATION-BINLDINGI-NORTH COUtTYMD • • Fl53iLEAENf lM SANG Maximum .n�,EXi6tIOR ELEVA710N-MANTENANCE-SOIrtH �svNUT simanEs �N�Nr sxxaE aor+c any flBER CENENf FASCIA EOIWLENf 8CPID1 building of , Vlltri lSNGPN height b m feet • complies maximum o EX1ERKki ELEVATION•MABiTENANCE•TTEST k ® - 120-feet height limit permitted in -FlBER-CEAENf PANE1 METAL RAl1NG 9 EXTERIOR ELEVATION-MAINTENANCE•NORTH /\EXTERNM ELEVATION-BULDNGI-EAST COURTYARD _____ ITEM 4 - VIRGINIA BEACH RESIDENCES, LLC • 15-foot-wide landscape buffer proposed along the north, south, . and east property lines t M Enhanced 11-foot-wide meandering sidewalks and streetscape landscaping to be installed along entire frontage • 18-foot-wide right-of-way dedication proposed LIVANO VIRGINIA BEACH CONCEPTUAL SITE PLAN VIRGINIA BEACH RESIDENCES, LLC 18 ITEM 4 - VIRGINIA BEACH RESIDENCES, LLC • Deviation to 30-foot front yard setback requirements m , . : a � ► .. . 10 Accessory garages (3.5 feet from right-of-way) Compactor Enclosure (8.5 feet 10 from right-of-way) Deviation for Monument Sign setback • 5-foot setback required; 3.5- LIVANO VIRGINIA BEACH CONCEPTUAL SITE PLAN 06/17/2025 - foot setback proposed VIRGINIA BEACH RESIDENCES, LLC 1 19 VB ITEM 4 - VIRGINIA BEACH RESIDENCES, LLC • Approximately 87 space reduction in parking approved by Zoning Administrator • 669 parking spaces required • 582 parking spaces provided (ratio of 1.55 spaces per unit) rj • Proffer added to include that 7% of the units to be allocated as w. . .. . - "attainable housing units" for a period of 10 years • Households with annual income not to exceed 100% of the Area Median Income • No known opposition VIRGINIA BEACH RESIDENCES, LLC 1 20 VB FBDC LLC i : A FUNNY BONEDRAFT Ai City Council: District • Location: 4554 Virginia Beach 00 XO�ER ICJ 4Mg 2 IPV VN q 0E'�Fa p=T GENERAL 44' R�`�I f ��' l � ��\ '.R7.5 y ALTERNATIVE COMPLIANCE Staff AVE tr CT 6VRC rc n� � co-P� .I O P CACE ? �-^ .__.� _R/:S'; `�j ,`�, �� ,�•II. e�Nk o a"D ¢ rc ao awEa °a �s�Pa►�Ec�'<a� �T ����� R7�15-�Z, P�V �paV�'S ///.CORPORATION LN n0 3Iq JEA�ES� r n CORVORATIDN I�! m _... •....—. O�PORATION�M � Z 9 • P9 ST r P Z B3 ea° i y W Or` 9 o Z ,Z O SECOND ST ¢p F w i �„ VIRGINIABEACX BLVD v-s� aN y.. C�`' � LU4 T w RANK 5T� s W� COIUMBUS �' ROOK q .�.� Z � 2 � CTR ° MONEY BROOK 9�9 S Y �a 2 MAIH Si CT RUNNING f•f= O p. p p COMMF.RCEa i � h RRODK bq V ° ¢ ST � w o a VIRGINIABEACHBLVD 11D''NlAIIIn!� n elvn ° COLUMRU55T Y COLVMRUS m ¢.- LOOR BEASIEY CT �"' i 2 Recommends Approval Planning Commission • - • 10 to 0 to recommend Approval BONE DRAFT Existing Funny Bone sign is to be relocated to a new location �r at the redeveloped Pembroke Mall n♦ -_ /fir .. 9.. �r �..�,, � �t-. 3t � 'nFi1F'�Mw t t.;Mr' .. • Maximum square footage p • .�y 91 i permitted is 60subject w approximately 91 square ,. ^. •. 1; POPos��59n� y �� Vb a 's�' ITEM 5 BONE DRAFT CADE Internally Lit LED Channel Logo/Letter, Flush Mounted The Note:Thre is an E%ISTING Sgn(currently located anti mnt»fled at the VB 7[+wn Center)that will be ralocatcd and proposed . n will • ce • 4 Q FQ O O � mHt»Iled»t the Vembrool M»II kAGE WAY will NOi BE VSE private road and parking area surrounded bythe Pembroke if -11-1-1:001-1-11111-11-1 Al Mall anchorL- • raceway mount to be Existing uo.«..a. removed, as recommended by ?hi• •lqn 1■ Set�ndW to W ina ullod in accordance p,r�x,,.q:y«.«, � � oarar•.w«aw cmra uccw: 1 rich tha rpuixaarmlu of prticla 600 pf tha National 4- District tlactrical Coda and/or atlfar appl icabla iocai codas. a.�. ��,�...:...r. ��-*— ___ _._. e e B e ss e'?la+ xnrl uAwa prpwr grnvrufi n® end bnnAi Dp of tAw srpn w... xa -- • INSTALL LOCATION 51GN DIMEN510N5:4.93k x'i B.57kUL I AAdrepe:4554 vAB Blvd Ste 9 O(�OTAL 51GN AREA:9 9.55ogka CTWAL NOTES + ,f!i,�lil Association's • FKONT LINEAR LENGTH. PROJECTION:-'I 2fn -' I I.,1 • • • Design E LE NATION:-2 9-'16 k 1]+62mn -e+r I'lill Client Name: Proof No: 4 uw Date Acceptance SignatureCommittee Funny E3one.Pembrook 002 08/04/25 Noknownopposition 9 ear.ewearou+r�earww.uui.w..�ti+.w.rr.w�rrw.ro« NSK]H pf EPaAND P4>ShE44 Sgy.U'XWS LLC ITEM 6 - CHARLESE HASAN City Council: District 5 (Wilson) Location: 213 4th Street pit 0,51 �. CONDITIONAL USE PERMIT (Short Term Rental) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 24 ITEM 6 - CHARLESE HASAN w Request for a Conditional Use Permit to operate a Short Term Rental ` y 2-bedroom unit within the Windward a Landing Condominiums z 2 parking spaces required and provided on site az fi m 'ifi4 ri'1#�yM �"M1,ry A ,iF,} CHARLESE HASAN 25 VB ITEM 6 - CHARLESE HASAN CT N • �•�• • �' Prior Zoning complaint on the site ��•••� • �111��• for operation of a STR without a •� �•W � �� CUP; advertisement changed to a �•��r �����i r`►������ 30-day minimum stay • No known opposition Short Term Rentals .,� c CHARLESE HASAN 26 : DEBORAH DOWDY Council:City Location: 051 CONDITIONAL USE A 1�Rp HP�f gt �tNU gt :,P+D H0.�f gI gI 1 m s n r = 1 T < 4G R 2aIH I P r i n � IgtH gi 1 g1NgI '� 2�SS i r PERMIT Staff Recommends • • • Planning Commission • - • 10 to 0 to recommend Approval +~A 25th Street Municipal 5?szN sj �\OR 5 R R)( t Parking Garage °K(-gTR OR) R z str Al (oa A11Or1' 3( ) Ckt';1R-OR) +T1 AIi'(,Ei) ?HS? y • • • • . • . I • A ?(talk) A. (`)H, 11 .. AA41011) A35(C11 24SH S w24(091 m A )(0VI I • . • . • • A3+ I M) . A, 1(0 1 ' 0.3 Miles t � 0.24 Miles ,f�r��fz ok • . - • • • - • • f2`�Sf01: „. 23Rv � 11iC1R� A3 t O,4#sf ok) i2Sfot?fi, 2 6R(S,l OR) Sz _..,,r d : . . • • . .. • • � . OR(STR°6R)` OR _TR.OR) f)14(51ft ()f2) 5 tr:.rtiil. a>ftt 2 STS�. _ 1y ! 21S-T ST5 Subject Site ITEM 7 - DAVID & DEBORAH DOWDY 1 �� +111�1111� a Prior Zoning complaint for ►1�/1 � ,rl'11'1t ■•►'1� 1- operation without a CUP; 1t11111 �� •, •�,����� � 1�111�1 •� }••" '►t ►,' 11'I� complaint was unsubstantiated 111►►� �111 „ �. 1 ► 11'i� Site is not currently advertised �N ��, •�1�� .*.IR 111 No known opposition 1"1 • ►V► �► � ■ ��' . 11111�1 � Short Term Rentals DAVID & DEBORAH DOWDY 129 VB Council:City . ' - Location: 14 28th Street, Unit 206 EO lytH 51 4 g f HAG R fi � " j61N HPl{" j61H5{ C1 L m MAc�ooy�r� ,OR Lf St--' 2fi� t A36 CONDITIONAL PERMIT (Short Rental) Staff Recommends Approval Planning Commission • • 10 to 0 to recommend Approval 0 ITEM 8 - RICHARD F. DAVIS & RICHARD A. DAVIS • Request for a Conditional Use r , Permit to operate a 2-bedroom • Short Term Rental .�•�++rM�•+.,ice♦ � �, � • r e 12 previously approved are as5�g� d _ r park�ngSp Conditional Use Permits for ®6 `�� tovn�t2 . Short Term Rentals within Playa •�•'''' Rana • 1 parking space required and provided RICHARD F. DAVIS & RICHARD A. DAVIS 31 t t t ITEM 9 - CITY OF VIRGINIA BEACH An Ordinance to Amend Appendix A, Article 24, Section 2404 of the City Zoning Ordinance pertaining to the development standards within the Western Campus Overlay District. CITY OF VIRGINIA BEACH 1 33 VS AmendmentITEM 9 CITY OF VIRGINIA BEACH • • building � form standards for residential a buildings within the Western ,y y?�� 'J .+., YIRGINIA BEACH BIYO Campus Overlay ,+.y��i��+-� CIEVEEANO ST minimum• • allow • ground tv"Z° • SOUTHERN BLVD► floor of , feet e • - � L height residential buildings Try 1 'I64 1 Mixed-use • • nonresidential buildings would continue to .1 require . minimum ground • • height of 14 feet CITY OF VIRGINIA BEACH 34 VS 1 f �ww O �s� !a ITEM 10 - CITY OF VIRGINIA BEACH An Ordinance to Amend Section 1.3, 4.3, 4.10, 6.1, 6.3, and 6.7 of the Floodplain Ordinance pertaining to Functionally Dependent Uses, Residential Construction Requirements and Grandfathering CITY OF VIRGINIA BEACH 1 35 VB ITEM 10 - CITY OF VIRGINIA BEACH The proposed amendment would: • Allow the Floodplain Administrator to grant an administrative variance for functionally dependent uses as defined by the Federal Emergency Management Agency (FEMA) • Clarify the process and appeal procedure for administrative and City Council variances • Provide relief to proposed developments that submitted plans for development review prior to March 16, 2022, when the Ordinance was previously amended to remove exemptions on fill for all public road projects and only allow exemptions for Public Works or Virginia Department of Transportation (VDOT) roadways in the Floodplain Subject to Special Restrictions CITY OF VIRGINIA BEACH 1 36 • City Council: District 2 (Henley) • • Peaceful Q� C 165 APPEAL B1 A(HCD) "�2 CFO �Po OVRrROGS � � NpFz�� 7f;5 AG2(HCD) 6R�� NOVq �Np�N�' �•/.5 j Q� Ra 5 N OOp Z Pcxk m'"yy � 81(HCD) AG2(HCD) R/-5 I yc \ AN1VgppU� j F�7*� / R AG1(HCD) R� c' see TO DENIAL FROM • ' BOARD of Appropriateness) Historical : • . • voted 5 to 0 to recommend Denial ITEM 11 — ASHDON BUILDERS 1, LLC Lan Esta _r .. r 4 Y A t Appeal of the denial from the Historical Review Board (HRB) for an after-the-fact Certificate of Appropriateness (COA) for the construction of a 6-foot-tall, white vinyl privacy fence in the North Landing Estates subdivision on Peaceful Lane COA APPEAL : ASHDON BUILDERS 1, LLC 138 Via ITEM 11 - ASHDON BUILDERS 1, LLC • March 16, 2022—COA approved for demolition of buildings/structures • July 17, 2024—COA approved for construction of 7 single-family homes (layout of models, design characteristics, materials) • June 3, 2025—Staff advised applicant that the fencing installed was not included in the 2024 COA k approval, nor was a permit issued .Y • June 18, 2025— HRB denied after- the-fact COA request for vinyl fence COA APPEAL : ASHDON BUILDERS 1, LLC 139 46 ITEM 11 - ASHDON BUILDERS 1, LLC • Historical Review Board's reason for denial • The Design Guidelines for the Historic and Cultural Districts specifically prohibit the use of vinyl material for fencing COA APPEAL : ASHDON BUILDERS 1, LLC ( 40 NIB 4 CITY COUNCIL LL4ISON REPORTS ITEM#77459 2:21 P.M. Council Member Rouse advised she did not attend the second day of the City Council Retreat and though she watched it, explained she was unsure if there was a discussion on e-bikes. Council Member Rouse advised she would like to share the letter of support from the Active Transportation Advisory Committee (ATAQ and invited the Body to provide input now or at a later time. Council Member Rouse read a portion of the letter which supported including language in the General Assembly Legislative Agenda that supports efforts to promote micromobility options while also improving safety and user education related to e-bikes. Council Member Cummings advised there was a good article in the newspaper addressing this issue but was concerned when he read the comment made by a Member of the Workforce Task Force who was quoted as saying, "My thoughts and most of the working group's thoughts is that a-bikes should be treated just like regular bicycles. If we allow them on the bike path or Atlantic Avenue, we'll get them off the actual boardwalk where people are wreaking a lot of havoc." Council Member Cummings does not believe that is the general sentiment of all citizens and believes a-bikes should be in a different category as some are able to reach speeds of 30 mph and is hopeful the language used in the Legislative Package will reflect the differences. September 2, 2025 5 CITY COUNCIL LL4ISON REPORTS ITEM#77460 (Continued) Council Member Rouse advised tonight, Chair Terry Stevens of the Clean Community Commission, will speak during the Formal Session to promote Zero Waste Awareness Week and share updates on how the Commission is leading not only the state, but the Country on this effort. September 2, 2025 6 CITY COUNCIL LIAISON REPORTS ITEM#77461 (Continued) Council Member Remick began his comments by wishing Vice Mayor Wilson happy birthday,advising today is her birthday. Council Member Remick continued his comments, advising the Planning/Design Review Committee (PDRC), a Resort Advisory Commission (RAC) Subcommittee, met earlier today to discuss the Central Beach Small Area Urban Design Plan and finalize their recommendations on potential revenue streams for a parking deck at 19'* Street. Council Member Remick explained the PDRC will submit their recommendations to RAC for approval to submit to the Body for consideration. Council Member Remick advised a Request for Proposal (RFP)for a parking deck at 19`h Street has gone out and believes it is important to consider options to fund construction such as charging for parking at the Sports Center and possibly the Convention Center. September 2, 2025 7 CITY COUNCIL LIAISON REPORTS ITEM#77462 (Continued) Vice Mayor Wilson advised the Atlantic Avenue Task Force (AATF) met last Thursday and toured Atlantic Avenue and then held a discussion on branding, art, lighting and code enforcement. Vice Mayor expressed the Task Force has a lot of good ideas and asked Council Member Remick if he would like to add anything. Council Member Remick expressed the AATF is a great taskforce and have developed great ideas organized on a matrix to track what ideas are liked or not liked while being very consciousness of the $35-Million that has been set aside. Council Member Remick expressed he is excited to see what enhancements they will recommend and below the initial cost, estimated between$48-$100-Million. September 2, 2025 8 CITY COUNCIL DISCUSSION/INITIATIVESI COMMENTS ITEM#77463 2:29 P.M. Council Member Henley advised during the City Council Retreat, there was a lot of discussion regarding the construction for a new Law Enforcement Training Academy (LETA) in the Interfacility Traffic Area (ITA) and structural costs. Council Member Henley advised the ITA does not have good road conditions and has extremely poor drainage issues, expressing her concern that site costs are not being considered in the total. Council Member Henley advised if new roadways and drainage systems have to be built, it could easily double the cost of construction from$100-Million to $200-Million and encouraged the Body to look closer at both site and structure project costs. Mayor Dyer advised City Manager Duhaney was given explicit direction to explore the site and believes he will take all costs into consideration. September 2, 2025 9 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77464 (Continued) Vice Mayor Wilson advised Council Member Ross-Hammond underwent hip replacement surgery last Friday and has started physical therapy today. Vice Mayor Wilson advised when she spoke with Council Member Ross-Hammond today, she explained she is doing good and will participate in the Formal Session remotely this evening. September 2, 2025 10 CITY COUNCIL DISCUSSION/INITIATIVES I COMMENTS ITEM#77465 (Continued) Mayor Dyer expressed his appreciation to his colleagues and City Stafffor the positive feedback he received regarding the recent City Council Retreat and the respect, dignity and cordiality among the Body. Mayor Dyer also expressed his appreciation to the City Staff who made preparations for the anticipated storm. September 2, 2025 11 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77465 (Continued) Mayor Dyer advisedAtlantic Park is receiving international recognition since the opening of the Dome and Surf Park and encouraged anyone who has not visited, to go. Mayor Dyer believes the City is going to be the ultimate destination for surfing on the East Coast year round. Mayor Dyer advised the Oceanfront has a lot to offer with the new venues as well as the Sports Center, ViBe District and the development of Rudee Loop Park. September 2, 2025 12 AGENDA REVIEW SESSION ITEM#77466 2:37P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCESIRES OL UTIONS: 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 31' each year as International Overdose Awareness Day (Requested by Mayor Dyer and Council Members Berlucchi, Cummings and Schulman) 3. Resolution to NAME the 31" Street Park as "The William D. Sessoms Jr. Neptune s Park" (Requested by Mayor Dyer, Vice-Mayor Wilson and Council Members Berlucchi, Cummings, Henley,Jackson-Green, Remick, Ross-Hammond and Schulman) 4. Ordinance to AUTHORIZE City Staff Support re the Hmbaland Dedication Day Celebration at Salem High School (Requested by Mayor Dyer, Vice-Mayor Wilson and Council Members Hutcheson,Jackson-Green and Ross-Hammond) 5. Ordinance to DECLARE City owned property at 333 Laskin Road to be in the EXCESS of the City' 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 Citys 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 APPROPRL41E $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' Application for the Virginia Department of Transportation (VDOT) Transportation Alternatives Set Aside Program for FY 2027-28 9. Resolution to SUPPORT Revenue Sharing Project#]00123, "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) September 2, 2025 13 AGENDA REVIEW SESSION ITEM#77466 (Continued) 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 A UTHORIZE 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 63'd 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 3'd Precinct into a dedicated office area for the Crime Suppression Squad September 2, 2025 14 AGENDA REVIEW SESSION ITEM#77466 (Continued) 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(ICAO)Task Force and the Bedford County Sheriff Office to the FY 2025-26 Police Department Operating Budget re overtime and supplies/equipment 21. Ordinance to APPROPRLATE $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 J. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER ROUSE WILL VOTE VERBAL NAY ON ITEM#3 ITEM#5 WILL BE CONSIDERED FOR DEFERRAL TO OCTOBER 21, 2025 September 2, 2025 15 ITEM#77467 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-371](A), Code of Virginia, as amended,for thefollowingpurpose: LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(8). • Beach Encroachments PUBLICLY-HELD PROPERTY. Discussion or consideration of the acquisition of real property for public purpose;or of the disposition ofpublicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2- 3 711(A)(3). • District 2 • District 2 • District 3 • District 6 PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body pursuant to Section 2.2- 3 711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees September 2, 2025 16 ITEM#77467 (Continued) Upon motion by Council Member Schulman, seconded by Council Member Rouse, City Council voted to proceed into CLOSED SESSION at 2:43 P.M. Voting: 10- 0 Council Members Voting Aye: Michael F Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, , Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr. Amelia N. Ross-Hammond Break 2:43 P.M. — 2:46 P.M. Closed Session 2:46 P.M. — 3:53 P.M. Break 3:53 P.M. — 4:07 P.M. Closed Session 4:07 P.M. — 5:17 P.M. September 2, 2025 17 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL SEPTEMBER 2,2025 6.00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, September 2, 2025, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Dr.Amelia N. Ross-Hammond—Participated remotely via WebEx from her home due to a medical condition that prevented herphysical attendance Council Members Absent: None INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 341h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If,during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. September 2, 2025 18 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a "personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. September 2, 2025 19 V.F CERTIFICATION ITEM#77468 Upon motion Council Member Rouse, seconded by Council Member Jackson-Green, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, , Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Abstained: Dr.Amelia N.Ross-Hammond Council Members Absent: None September 2, 2025 G� n � 1z qy � • 1 {� e S OR OUR N", RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#77468 on Page 19 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by thegoverning body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. AN V A da arnes, MMC City Clerk September 2, 2025 20 ITEM— VII.G.1 MINUTES ITEM#77469 Upon motion by Council Member Berlucchi, seconded by Council Member Jackson-Green, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 12,2025 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 21 ITEM— VII.G.2 MINUTES ITEM#77470 Upon motion by Council Member Berlucchi, seconded by Council Member Jackson-Green, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 19,2025 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 22 ITEM— VILH MAYOR'S PRESENTATION ITEM#7747I RECOGNITION ZERO WASTE A WARENESS WEEK On behalf of City Council, Council Member Rouse welcomed Terry Stevens, Chair and Members of the Clean Community Commission. Chair Stevens expressed her appreciation to City Council and Members of the Commission for their support of Zero Waste Awareness week which is recognized from September Is' — 7`'' In 2023, City Council adopted a Resolution to recognize the first week of September as Zero Waste Awareness Week and included it as an item within the 2024 Legislative Agenda. In 2025,the Virginia General Assembly unanimously passed House Joint Resolution 446, extending annual recognition statewide. This year, the Commission approved a Zero Waste logo for local,state,and national use,created by Staff liaison Kristi Rines,promoting the message to refuse excessive waste, reduce single-use items, and reuse or recycle whenever possible. The Clean Community Commission is proud to lead these efforts and encourages continued support for keeping the City clean and sustainable. Citizens can find daily zero waste tips on the City's Waste Management Facebookpage. September 2, 2025 23 ITEM— VILI FORMAL SESSION AGENDA ITEM#77472 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker, and they will be given a total of six(6)minutes to speak on all items. Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,BY CONSENT, Agenda Items Ordinances/Resoludons A 1, 2, 3, 4, 5 (DEFERRED TO OCTOBER 21, 2025), 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,18, 19,20, 21 and 22 Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 24 ITEM— VILJ I ORDINANCESIRESOL UTIONS ITEM#77473 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, 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) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 i 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 i 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, defer 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. j Adopted by the City Council of the City of Virginia Beach, Virginia, this 2 n d day of September , 2025. r APPROVED AS TO LEGAL SUFFICIENCY: i i ttor e s ice CA16958 R-1 August 26, 2025 25 ITEM— VII.J.2 ORDINANCESIRESOL UTIONS ITEM#77474 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT,Resolution to DESIGNA TE A ugust 31s`each year as International Overdose Awareness Day (Requested by Mayor Dyer and Council Members Berlucchi, Cummings and Schulman) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 end day September 2025. APPROVED AS TO LEGAL SUFFICIENCY: At,� ft,�) c� City Attorney's Offi6e CA16950 R-1 August 20, 2025 26 ITEM— VILJ.3 ORDINANCES/RESOLUTIONS ITEM#77475 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Resolution to NAME the 31s` Street Park as "The William D. Sessoms Jr. Neptune Park" (Requested by Mayor Dyer, Vice-Mayor Wilson and Council Members Berlucchi, Cummings, Henley, Hutcheson,Jackson-Green, Remick, Ross-Hammond and Schulman) Voting: 10- 1 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Voting Nay: Jennifer Rouse Council Members Absent: None September 2, 2025 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, CUMMINGS, HENLEY, HUTCHESON, 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 31st 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 31st 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 2nd 68 day of September 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16953 R-9 September 2, 2025 27 ITEM— VII.J.4 ORDINANCESIRESOL UTIONS ITEM#77476 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE City Staff Support re the 7imbaland Dedication Day Celebration at Salem High School (Requested by Mayor Dyer, Vice-Mayor Wilson and Council Members Hutcheson, Jackson-Green and Ross-Hammond) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS HUTCHESON, JACKSON-GREEN, AND ROSS-HAMMOND 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 end day of September 2025. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: 7;�700t/e� K::�_ City Attorney's Off ic&-" CA16954 / R-5 /September 2, 2025 28 ITEM— VILJ.5 ORDINANCESIRESOL UTIONS ITEM#77477 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council DEFERRED TO OCTOBER 21, 2025,BY CONSENT, Ordinance to DECLARE City owned property at 333 Laskin Road to be in the EXCESS of the City 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) Voting: 11 - 0 Council Members Voting Aye: Michael F Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 29 ITEM— VILJ.6 ORDINANCES/RESOLUTIONS ITEM#77478 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Resolution to APPROVE the City participation re proposed settlement of Opioid Related Claims Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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/Sackler 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 2nd day of September 2025 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16956 R-2 Auaust 25, 2025 30 ITEM— VILJ.7 ORDINANCES/RESOLUTIONS ITEM#77479 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, 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 Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 end day of September 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and anagement Services fin 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 FY2026 Transfers In/Out FY2026 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 2026 Transfers 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 2026Transfers In/Out FY 2026 Expenditures FY 2026 Refunds FY 2026 Ending Balance Fund Type State Funds $142,074.00 $2,942,884.56 $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% 31 ITEM— VILJ.8 ORDINANCES/RESOL UTIONS ITEM#77480 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT,Resolution to SUPPORT the City' Application for the Virginia Department of Transportation (VDOT) Transportation Alternatives Set-Aside Program for FY 2027-28 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 2 n d day of September , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and KTanagement giervlkes City At orney's Office CA16939 R-1 August 1, 2025 32 ITEM— VILJ.9 ORDINANCESIRESOL UTIONS ITEM#77481 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT,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) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 end day of September 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �,A L=USD , B dget and anagemnte Services orney's Office CA16947 R-1 August 18, 2025 33 ITEM— VII.J.10 ORDINANCESIRESOL UTIONS ITEM#77482 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT,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) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 2nd day of September , 2025. APPROVED AS TO CONTENT: APP D AS TO LEGAL SUFFICIENCY: C4 Budget and Management Services C ney's Office CA16946 R-1 August 18, 2025 34 ITEM— VII.J H ORDINANCESIRESOL UTIONS ITEM#77483 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT,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) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 end day of September 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i�� rkqlfu dget and anagement ervices orney's ffice CA16948 R-1 August 18, 2025 35 ITEM— 11ILJ.12 ORDINANCES/RESOLUTIONS ITEM#77484 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, 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 timberfloatingpier,aluminum gangway,timberpier,four(4)timberpiles,vinyl bulkhead channel ward of existing bulkhead with return walls, concrete patio and timber piles DISTRICT 5 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO CITY-OWNED PROPERTY 6 KNOWN AS LAKE WESLEY 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 end 56 day of September , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P B IC WOR S / REAL ESTATE 'EiAWAdUAAifMEYER DEPUTY CITY ATTORNEY CA16595 R-2 Prepared: 04/24/2025 c:lusersla negronrodrig uezla ppdatalloca 11m icrosoftlwi nd owsli netcachelcontent.outlook122yrnx q klord.doc ORDONEZ ENCROACHMENT EXHIBIT LAKE WESLEY LAKE WESLEY NOW OR FORMERLY --FLOG CITY OF VIRGINIA BEACH {BB---.- EXISTING(7)8"TIMBER PILES TO REMAIN GPIN:2427-20-6108 d, EXISTING TIMBER FLOATING PIER,TIMBER M.B.37, PG. 1 1 M GANGWAY AND TIMBER PIER TO BE REMOVED _36.7' f-24.0'--. n ti O 35.6' 23.3'--- ._.._.._.._.._. 51.7' is 40.6'----. ` *MARSH � . � . . .r , 23.1'—. • -EX.PIER EX. RIPRAP BULKHEAD LINE N 33"08'15" E —� ��. 14.0, . 39.9' PER M.B. 160, PG. 18 23.69' MLW EX BKHD 7 ` r 40 44 CONCRETE PATIO LOT 4 NOW OR FORMERLY 1, -- I I MHW JASON M.BAKER TRUST u, - — GPIN:2426-29-1598 p LOT 5 I INST:201 10512000483740 NOW OR FORMERLY I LOT 6 NOW OR FORMERLY M.B. 160,PG. 18 u! B.JOSEPH&CHRISTINE M. JOHN C.SAWYER RT ORDONEZ v r, GPIN:2426-29-3715 GPIN:2426-29-2666 INST:202303037685 S' 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 �I �tpLTH 0,r �I Lu Ln tp Ln O Z R=730.00' i SEAN E. GREEN L=90.00' I Lic. No. 0402064005 M.B. 160 PG. 18 386'TO CROATAN ROAD KERRY LANE Digitally si ned by n reen _EN 30'RIGHT-OF-WAY =stonegreen se ing@gmail.com, M.B. 160,PG. 18 G=Sean,8f�neen,c=US EXISTING Date:2025.03.27 20:38,02-04'00' 0 40 80 CONDITIONS 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 ,Q2025 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED SHEET 1 OF 2 ORDONEZ ENCROACHMENT EXHIBIT LAKE WESLEY i —FLOOD�4D Q o LAKE WESLEY BB 3 2 NOW OR FORMERLY PROPOSED 108 LF OF VINYL BULKHEAD 2 Q CITY OF VIRGINfA BEACH TO BE CONSTRUCTED 2'CHANNELWARD a GPIN:2427-20-6108 OF EXISTING BULKHEAD WITH(2) 2' s • M.B.37, PG. I 1 4 RETURN WALLS :v ° PROPOSED TIMBER PIER,TIMBER (2) 10-TIMBER PILES WILL BE 0 8' FLOATING PIER AND AN INSTALLED OUTSIDE OF THE 2'' - - 3 �-+ ALUMINUM 3'x16'GANGWAY TO RETURN WALLS ON BOTH SIDES 51.7' '~ BE CONSTRUCTED IN SAME �. . \ FOOTPRINT MARSH _ . 5.0' EX.RIPRAP BULKHEAD LINE N 33°0815 E -� �� • 14' oo -39.9' PER M.B. 160, PG. 18 23 69' \ $ ,� ` —MLW I EXBKHD �.44a� CONCRETE PATIO ;I 85.80 06"1 LOT 4 I ` NOW OR FORMERLY MHW JASON M. BAKER TRUST u, ,. - — GPIN:2426-29-1598 p LOT 5 I I LOT 6 INST.201 10512000483740 M I NOW OR FORMERLY I NOW OR FORMERLY M.B. 160, PG. 18 B.JOSEPH&CHRISTINE M. c JOHN C.SAWYER RT a ORDONEZ v GPIN:2426-29-2666 •-+ GPIN:2426-29-3715 5'DRAINAGE&UTILITIES INST:202303037685 D.B.3954, PG. 1852 M.B. 160,PG. 18 MAINTENANCE EASEMENT M.B. 160,PG. 18 PER M.B. 160,PG. 18I �pLTH p 2 w i I _"' Ln R=730.00' i o " SEAN E. GREEN D L=90.00' I H Uc. No. 0402064005 M.B. 160 PG. 18 386'TO CROATAN ROAD KERRY LANE 30'RIGHT-OF-WAY '� a:0 by Teen PROPOSED M.B. 160, PG. 18 E=stop reenconsutting mail.com, G— US Date 03.2'ix2B�3f!'t&-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 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 C)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 �u� , 20w, 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. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 B./Joseph Ordonez Christine M. ez STATE OF VIRGINIA CITY/COUNTY OF I o-wit: The foregoing instrument was acknowledged before me this ( t —day of Jcty-�P— , 2025by B. Joseph Ordonez and Christine M. Ordonez. EAL) Notary Public NA CASTILLO ALICEA My Notary Registration Number: CHRISTI OC�`3 ( � g NOTARY PUBLIC My Commission Expires: 03/3l l Lo 5a COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MAR.31,2029 COMMISSION N 00341888 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BL WORM — REAL ESTATE A ARMEYER DEPUTY CITY ATTORNEY ORDONEZ ENCROACHMENT EXHIBIT LAKE WESLEY LAKE WESLEY NOW OR FORMERLY ---FLOG CITY OF VIRGINIA BEACH �{gg 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 , 36.7' n ti o 35.6' N.by ' O —.._.._.._.._.._._. '--23.3'— 51.7' 40.6'--- • •MARSH . ` . . .h . ` �� '�' '--23.1'—. • • ' ' .EX.PIER BULKHEAD LINE f —�` + + - \ EX. RIPRAP N 33'08 15 E . 24' 39.9' PER M.B. 160,PG. 18 23.69' , /MLW EX BKHD � �./ 4.8' �4q+�` .` - CONCRETE PATIO ? ;( % 85,80, LOT 4 �4 _ICI NOW OR FORMERLY z 11 _ _ I I MHW JASON M.BAKER TRUST 0 ,. GPIN:2426-29-1598 p LOT 5 I I LOT 6 INST:201 10512000483740 NOW OR FORMERLY I Q NOW OR FORMERLY M.B. 160,PG. 18 ( B.JOSEPH&CHRISTINE M. ORDONEZ JOHN C.SAWYER RT GPIN:2426-29-3715 GPIN:2426-29-2666 ^' INST:202303037685 5'DRAINAGE&UTILITIES D.B.3954,PG. 1852 Iv M.B. 160 P . 18 MAINTENANCE EASEMENT M.B. 160,PG. 18 ,, PER M.B. 160, PG. 18 1 I �t AL T HLn OF I ' N O ? R=730.00' I M " .SEAN E. GREEN 00 L=90.00' I LIc. No. 0402064005 A M.8. 160 PG. 18 386'TO CROATAN ROAD — KERRY LANE Digitally si ned by n reen E.NG 30'RIGHT-Of-WAY =stonegreen se 'ng�gmail•com, EXISTING M.B.160,PG. 18 G=Sean,SN=G�een,c=US Date:2025.03.27 20,38:02-04'00' CONDITIONS 0 •• 40 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 LOT 5,SCHOONER QUAY AT CROATAN,CROATAN BEACH (330)400-3811 COA:0407008328 M.B. 160, PG. 18 1ANUARY 24, 2025 ,©2025 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED SHEET 1 OF 2 ORDONEZ ENCROACHMENT EXHIBIT LAKE WESLEY _ --FLOOD LAKE WESLEY BB— 3e! i NOW OR FORMERLY PROPOSED 108 LF OF VINYL BULKHEAD 2(D Q47 CITY OF VIRGINIA BEACH TO BE CONSTRUCTED 2'CHANNELWARD ( ! c GPIN:2427-20-6108 OF EXISTING BULKHEAD WITH(2) 2' ° .�' ° M.B. 37,PG. I 1 RETURN WALLS in it ° PROPOSED TIMBER PIER,TIMBER (2) 10-TIMBER PILES WILL BE ° 8' FLOATING PIER AND AN INSTALLED OUTSIDE OF THE 2' - - 3 H ALUMINUM 3'x16'GANGWAY TO RETURN WALLS ON BOTH SIDES ` 51.7' 40.6'-. BE CONSTRUCTED IN SAME o•I. • \ FOOTPRINT ° MARSH • ° 5.0' _ J • —� yQ, 9 9 EX. RIPRAP BULKHEAD LINE N 33°0815 E \� `� PER M.B. 160, PG. 18 23.69' \ $ ,) . I EX BKHD �'�,� MLW CONCRETE PATIO LOT 4 I \ NOW OR FORMERLY ), —_ I I MHW JASON M.BAKER TRUST ,. I )GPIN:2426 29-1598 w LOT 5 p LOT 6 INST:201 10512000483740 NOW OR FORMERLY I NOW OR FORMERLY M.B. 160,PG. 18 "-_ B.JOSEPH&CHRISTINE M. o JOHN C.SAWYER RT g pl ORDONEZ It 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 i i oLTH pf. o I � o Z R=730.00' I " SEAN E. GREEN D o` I L=90.00' I Lic. No. 0402064005 M.B. 160 PG. 18 A 386'TO CROATAN ROAD KERRY LANE 30'RIGHT-OF-WAY tl:c =ed bykmen M.B. 160,PG.18 E=stonegreenconsultlH.com, PROPOSED Date= e3.2 bq us 100- 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 15 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 2 OF 2 36 ITEM— VILJ.13 ORDINANCES/RESOLUTIONS ITEM#77485 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a City-owned 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 sin(6) masonry columns and gate DISTRICT 5 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua E "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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. 1 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd 46 day of September , 2025 . 47 48 49 CA16728 R-2 Prepared: August 18, 2025 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: !:: (v� PUBLIC 4ZKS EAL ESTATE R. H—AR MEYER DEPUTY CITY ATTORNEY a ITH OFDr PG: 1525 2—STORY DWELLING CONCRETE O IC ARNER►o X UNDER CONSTRUCTION) tmLITY PAD Lie. o. 2904 0212612025 le SURv GARAGE N/F b o PROPOSED LOT 29 W o CONCRETE w N/F DRIVEWAY is LOT 27 LID LOT 28 30. 18' Oo OD � 2427-30-0325 Z LO V 0 �O WM SCO g� � U) Q \a`F� SO 0 4'1151 ED £NTRY0.00' PROPOSJD o Q x GATE AND STONE Ne COLUMNS , x 24.8 PROPOSED 48' 17.8 8' �I METAL FENCE (TYR) F IGN CAN x x—x�—�x®x—x—x— T LE°PED PED FH _1 D.0 20.8' „� 13.9' — 24.0' 9' SIGN a 8°W(DI) -C G—ONC. CURB & GUTTER WOOD RAIL FE�JCE �., STONE II FACE OF COLUMN NOTE SEE SHEET 2 FOR OWNERS NAME AND I 139, CURB PROPOSED STONE PAVER SECTION DETAIL _ s ss(Pvc> cocUMNs (Trn) NOTE, THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE V/RG/lV/A DARE DRJVE COMPILATION OF DEEDS AND PLATS SHOWN HERON (80, (M.B. 37, Pr; 11) I AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. NOTE, THE CITY OF VIRGINIA BEACH IS NOT CONC 0 20 40 RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS ENTRpfNCE REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. (TYPICAL) GRAPHIC SCALE SHEET 1 OF 2 "MIEff A" ENCROACHMENT KKHIBIT FOR 48" METAL FENCE WITH MASONRY COLUMNS & GATE LOT 26 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 date: 04/03/2025 pro. no.: 221-0237 Civil Engineering wplsite.com p 1 242 MUSTANG ,TR A IL, SUITE 8 —0237_ex.dwg �7plat ref.: C—y 46 CAD/chk: EG/eagVIRGINIA BEACH VIRGINIA 23452 file: 221 LEGEND O MH MANHOLE O CO SANITARY CLEANOUT 0 WM WATER METER ® WV WATER VALVE FH FIRE HYDRANT w WATER LINE UNDERGROUND COMMUNICATIONS UNDERGROUND ELECTRIC 6 UNDERGROUND GAS —8 SANITARY SEWER O CAN PIED CABLE TV PEDESTAL ❑ TELE PIED CABLE TV PEDESTAL ❑ PROPOSED 2'x2'STONE COLUMN PROPOSED ENTRY GATE —X X— PROPOSED METAL FENCE LOT 28 OWNER (528 VIRGINIA DARE DRIVE), BARTHOLOMEW J SINANIS REVOCABLE LIVING TRUST (I.N. 202303016888) (M.B. 37, PG. 11) GPIN: 2427-30-0325 LOT 27 OWNERS (529 VIRGINIA DARE DRIVE), PRITCHARD REVOCABLE LIVING TRUST (I.N. 20130325000341390) (M.B. 37, PG. 11) GPIN: 2427-30-0235 LOT 29 OWNERS (521 VIRGINIA DARE DRIVE), 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 14 ;a BARTHOLOMEW J SINANIS Landscape Architecture REVOCABLE LIVING TRUST Land Surveying 757-431-1041 date: 04/03/2025 Civil Engineering wplsite.com proj. no.: 221-0237 2 4 2 MUSTANG ]RAIL, SUITE B VIR G I N I A 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 L , 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 mber 21, 2010 B B holomew J. Sinanis, uste STATE OF JF" 1 n ICITY/COUNTY O to-wit: The foregoing instrument was acknowledged before me this day of 20 5 by Bartholomew J. Sinanis, Trustee of The BARTHOLOMEW J. SINA IS REVOCABLE LIVING TRUST, dated December 21, 2020. _Vr, P4 1 SEAL) Notary ublic KATIE KILBORN NOTARY PUBLIC My Notary Registration Number: a-33� REGISTRATION M V 734 IR COMMONWEALTH OFF 3 IA MY COMMISSION EXPIRES My Commission Expires: SEPTEMBER 30,2026 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL ZHSUIENCY AND FORM P C WORK REAL ESTATE RMEY BLER DEPUTY CITY ATTORNEY 7 37� P��_ � G. 1� 525 2-57'ORY DWELLING IC ARNER,- x UNDER CONSTRUCRON UT/L/TY PAD Uc. o. 2904 a 0212612025 SURV � GARAGE N/F o PROPOSED LOT 29 cc) o CONCRETE w N F DRN£WAY In LOT 27 in LOT 2B .30. 18' In 2427-30-0325 CID 0 In WM SCO 5� 77— SO PROPOSED ENTR 0.00' COACREZ- GAT£AND STONE DRIP AY COLUMNS 24.8, PROPOSED 48' 17.8' 2¢8', METAL FENCE (TYP.) c 66.6'=t ° IGN , C D13.9 C— T LE'PEDPE / . 208' ' G 24.0 79' SIGN " 8-W(DI) — G— ; - WOOD RAIL FE�JCE • CU & GU ER c> FACE OF STONE NOTE, SEE SHEET 2 //FOR OWNERS NAME AND I 1�9• CURB I COLUMN PAVER SECTION DETAIL COLUMNS (I-P.)PROPOSED STONE NOTE, THIS EXHIBIT IS A RESULT OF FIELD TIES 8"SS(PVC) TO EXISTING MONUMENTS COMBINED WITH THE VIRGINIA- DARE DR/VE COMPILATION OF DEEDS AND PLATS SHOWN HERON I (80 R/W) I(M.B. 37, PG. 11) I AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. NOTE, THE CITY OF VIRGINIA BEACH IS NOT . CONc4 0 20 40 RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS EN'r** E ICA REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. (TYPL) GRAPHIC SCALE SEUMET 1 OF 2 '°EXHIBIT A" ENCROACHBeIEIdT EX Mff FOR 48" METAL FENCE WITH MASONRY COLUMNS & GATE LOT 28 RESUBDMSION OF PART OF CRO�ITAN BEACH M.B. 37, PG. 11 VIRGINIA BEACH, VIRGINIA BARTHOLOMEW J SINANIS Landscape Architecture REVOCABLE LAVING TRUST ,-and Surveying 757-431.1041 dote: 04/03/2025 Civil Engineering wpisite.corn proj. no.: 221-0237 2 4 2 MUSTANG T R A I L, SUITE 8 VIRGINIA BEACH, VIRGINIA 23452 file: 221-0237-ex.dwg ; plat ref.: C-646 CAD/chk: EG/e0g 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 CATV PED CABLE TV PEDESTAL O TELE PED CABLE TV PEDESTAL ED PROPOSED 2'x2'STONE COLUMN PROPOSED ENTRY GATE X X— PROPOSED METAL FENCE LOT 28 OWNER (525 VRGM DARE DRIVE)o BARTHOLOMEW J SINANIS REVOCABLE LIVING TRUST (I.N. 202303016888) (M.B. 37, PG. 11) GPIN: 2427-30-0325 LOT 27 OWNERS (529 VIMNA DARE DRIVEN PRITCHARD REVOCABLE LIVING TRUST (I.N. 20130325000341390) (M.B. 37, PG. 11) GPIN: 2427-30-0235 LOT 29 OWNERS (521 VRONA DARE DRIVE1e LISA JEANETTE ALLEN (I.N. 20151026001048820) (M.B. 37, PG. 11) GPIN: 2427-30-0414 SHEET 2 OF 2 "EXHIBIT A" ENCROACHMENT EIMIT FOR 48" METAL FENCE WITH MASONRY COLUMNS & GATE LOT 28 RESUBDIVISION OF PART OF CROATAN BEACH M.B. 37, PG. 11 VMG� BEACH, VIRGINIA BARTHOLOMEW J SINANIS Landscape Architecture REVOCABLE LIVING TRUST Land Surveying 757-431-1041 date: 04/03/2025 Civil Engineering wplsite.com proj. no.: 221-0237 242 MU5TANG (RAIL, SUITE 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 37 ITEM— VII.J.14 ORDINANCESIRESOL UTIONS ITEM#77486 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT,Ordinance to AUTHORIZE temporary encroachments into a City-owned 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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 end 54 day of September , 2025. CA16702 R-1 Prepared: 5/20/25 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: aSd At it) Llk P BL C WORKS, REAL ESTATEQVANA R. HARMEYER DEPUTY CITYATTORNEY 2 E*0T A TREE 4 HEDGE REMOVAL,PROP05ED LAIDSGAPE, H 0p L EXISnN5 STEPS,4 RETAININS WALL @IGROAGM W rl� 51%A A wo LJ*VwAPE A mTEGT5 rW uy�c 'C 2200 GOLMAL AVEIM 51ATE 22, IAM�LnJ PHONE 1n15T)6627-14M U Cert. N0.344 GOODWIN RESIDENCE STREET FRONTAGE PRIVACY-PLANT LIST �� 6-5-25 a" SYM SCENTMMWE COMMOMMUE sae Roor CAL IB3IARKB 27 LR Yvon nouwAbkoo Loolod Prtwl Q HT. CONT. Fuw.Dorso,SIIIt to zy, ATLANTIC OCEAN NOTES: 1. OWNER 6300 OA LLC 6300 OCEAN FRONT AVE-VIRGINIA BEACH,VIRGINIA 23451 z_ OCEANFRONT AVENUE 2. GPIN:2419.72-M (UNIMPROVED) 3. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A M.B. 1, PG. 8B 2 N TITLE REPORT. MT N&BRKK RETAMIN6 WALL BY PREVIOUS m f9 aAM TO R8'4AIN 100.D0' 10' (Iv LR 0 51-V Of. EASTIN5 HEDGE TO REMAIN s Pool K bo 11.40 REMOVE EK g a _POOL HEDGE OLIVE N a 15'K 31' 2 S7WS 39.83' �.PORM �- a�awrt�GpE .00' 3. 10 0' ' 35.3' 0 m EXISTINS STEPS BY PREVIOUS it m HOMEONCR TO REMAIN n PROPOSED a LOT 5 `� = W PATIO W:-2 o U VI� F- w g H 109 W3 0 a BRICK AND FRAME in LOT 6 ( V <v, RESIDENCE G T Z it 6300 1 6 - 39.66' NOW OR FORMERLY y= 38. THOMAS P.KIDD,JR& 7.9'^ h JUDITH WEST KIDD m 1 I.N.20160202000084310 LOT 4,BLOCK 21, o I $a o o REMO� CAPE HENRY,SECTION E „� ,� M.B.1,PG.86 "$$ S T t GRAPE GPIN:2419-72-8985 y EX.C4�I4CREiE O f l 37.95' � PAYER DRIVEWAY do 17 EX CONCRETE ,RIVE m PARIGNG COURT mIj) I m 1,993 SF INSTALL BERMUDA 50D ON I L DISTURBED AREAS - 4EX OVV RH TG 41.4' I- a a� � 20'BUILDWG SETBACK '14'39 (4)LR o 5'-0'OG.� " 50.9 - 20.80' 35.53' $, p EX CONCRETE DRIVE .. o . J. ... ._.. B RICK WALL PIN(F) 100.00, EXWOOD RIETAININ PIN(F) 10'INGRESS/EGRESS AND DRAINAGE AND UTILITIES REMOVE EX EASEMENT TO BENEFIT LOT 4 RUSSIAN OLIVE NOW OR FORMERLY NOW OR FORMERLD.B.2134,PG.303 HEME I Y THE BETTIE C GOODMAN REVOCABLE TRUST MARCIA A.MOSS&BURTON A.MOSS IN.202203046844 REVOCABLE TRUST �ryAL7$Op UPPER UNIT I N.202203003411 O' 107 63RD STREET A CONDOMINIUM LOWER UNIT M.B.123,PG.51 107 63RD STREET A CONDOMINIUM C GPIN:2419-72-7991 M.B.123,PG.51 V��A UTLFR a GPIN:2419-72-8815 (�\• c.No.38395 2S 0' 30' 60' 2' r� �SS�ONAL ErG` LOTS 5&6 GALLUP BLOCK21,CAPE HENRY,SECTION E M.B.1,P.G.8b SURVEYORS&ENGINEERS VIRGINIA BEACH,VIRGINIA 323 FIRST COLONIAL ROAD FOR:6300 OA 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 G PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of L , 20ZS, 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 631d 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:-XVt 4' 11� D (SEAL) Maria B. Clarke, Manager STATE OF CITY/COUNTY OF VIVA)VWA o-wit: The foregoing instrument was acknowledged before me this Z�day of 2025, by Maria B. Clarke, Manager of 6300 CIA, LLC, a Virginia limited liability company. commonwealth of Virginia Nancy Kathryn Bowden.Notary Public Commission No:7974277 My commission Expires 08131/2026 L) Notary Public My Notary Registration Number: 01-7 `"r 2,7 1 My Commission Expires: O APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P,vcwt WORK — REAL ESTATE . HARMEYER DEPUTY CITY ATTORNEY 7 E*W A TRH 4 REMOVAL,PROPOSW L40WAM )OH op EwSTINS STEPS,1 RETAH*WALL ENORQAGMw et 515KA AURAL L 4VScAPE AWArWTS 2200 GOLOWAL AYM SITE 22, x NOW K,VA 2%M � PIM frs'U 621-1401 U Cert. No.344 GOODWIN RESIDENCE STREET FRONTAGE PRIVACY-PLANT LIST sNlwn 6-5-25 'n' �» 6CENTFC1UME caYMONlNME SEE HOOT uu. R91AR16 Za LR ralun C MWElm LMfmE PINT f HT. CONE. FW,O.Is►,Stry b eta, ATLANTIC OCEAN NOTES: 1. OWNER 6300 OA LLC 6300 OCEAN FRONT AVE-VIRGINIA BEACH,VIRGINIA 23451 OCEAN FRONT AVENUE 2 GPIN:2419-72-9806 M.B. 1, PG. SB 2_8■ (UNIMPROVED) 3. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. n�BR RETAININGWALL $ BY PREVIOUSa �'1E>a5TA4G TO REMWN r POOL OrM TO REMAIN100.00 (w Lit0 s,-v OG. N:DGE c 11A REMOVE EX N p RUSSUW OLIVE mm— a N t5 Y 31' HBD6E 2 STEPSirs PORCH A .0'10 EXISTING STWS BY PREVIOUS 00' 3.'- 35.3 i I' m HOhE0WO2 TO REMAIN r LOT 5 PROPOSED -1■ m a iu Z3a Ir_ wo �g �o Q Ni Z 10-8 lLti'"- fn p r O3 BRICKANDFRWF OT 6 I L<w RESIDENCE N63DO 1.6 39.66' — NOW OR FORMERLY 6 x� THOMAS P.KIDD,JR& 9,� - 38. ---- JUDITH WEST KIDD I.N.201602020ODOB4310 LOT 4,BLOCK 21, o o Y g CAPE HENRY,SECTION E C5 YI REMOVE M.B.1,PG.86 (2)EX GPIN:2419-72-8985 y IX.CONCRETE oI j — — 37.55'--- GRAPE u I MrRTLE 91 PAYER DRIVEWAY k EX CONCRETH .9 PARIONG COURT ar m 103 St: INSTALL BERMUDA SOD ON I L DISTURB AREAS ED -- - EX OVERHANG �u 41.4' i 9.60' m14.39' 2O BUILDNG K (4)LR 0 5'-0'O.C. 35.53' . .-- y, c ' bg 0 1p .. EX CONCRETE DRIVE o . ALL PIN(F) 100.00' EX WOOD RET NI PIN(P) W INGRESS/EGRESS AND DRAINAGE AND UTILITIES REMOVE EX EASEMENT TO BENEFIT LOT 4 Rfj�OLIVE NOW OR FORMERLY I D.B.2134.PG.303 I HIE THE BETTIE C GOODMAN NOW OR FORMERLY REVOCABLE TRUST MARCIA A.MOSS&BURTON A.MOSS 1 I.N.202203046844 REVOCABLETRUST cti�,� 0',.T UPPER UNIT IN 202203003411 p 107 63RD STREET A CONDOMINIUM LOWER UNIT CSt' G1� M.B 123,PG,51 107 63RD STREET A CONDOMINIUM GPIN:2419-72-7991 M.B.123,PG 51 U A Yy GPIN:2419-72-8815 c. o.383952 0' 30' 60' oc e-N2- rya SS�oxAL ErG LOTS 5&6 GALLUP BLOCK 21,CAPE HENRY,SECTION E M.B.1,P.G.8b' SURVEYORS&ENGINEERS VIRGINIA BEACH,VIRGINIA 323 FIRST COLONIAL ROAD FOR:6300 OA LLC VIRGINIA BEACH.VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale 1"=30' Date:JUNE 2,2023-Revised:8-1423,10-11-23 ■�r._:u�>.,.wn.em c.,, axaos«w.,,.-,,,,,p, ..eu o,.ew.q w:i,.—.c --1.-P,3 38 ITEM— VII.J.15 ORDINANCESIRESOL UTIONS ITEM#77487 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $7 Million from the Virginia Resources Authority Virginia Community Flood Preparedness Fund to the FY2025-26 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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 end day of September 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 Lorneyi-s Office CA16949 R-1 August 18, 2025 39 ITEM— VILJ.16 ORDINANCESIRESOL UTIONS ITEM#77488 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, 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 Voting: 11 - 0 Council Members Voting Aye.- Michael F Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 end day of September 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-Af'� '�2� (n,----% Budget and Management ervices rney's Office CA16952 R-1 August 19, 2025 40 ITEM— VU J 17 ORDINANCESIRESOL UTIONS ITEM#77489 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, 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 Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 end day of September , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: OJ�W_hw_ - ----- udget and Management ervices City torney's Office CA16945 R-1 August 18, 2025 41 ITEM— VII.J.18 ORDINANCESIRESOL UTIONS ITEM#77490 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, 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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 2nd day of September 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 42 ITEM— VU119 ORDINANCESIRESOL UTIONS ITEM#77491 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, 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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 2nd day of September 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 43 ITEM— VII.J.20 ORDINANCESIRESOL UTIONS ITEM#77492 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $35,000 from the Virginia Department of Criminal Justice Services via the Southern Virginia Internet Crimes Against Children (ICAO) Task Force and the Bedford County Sheriff Office to the FY 2025-26 Police Department Operating Budget re overtime and supplies/equipment Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 Sheriff's 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 end day of September 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 44 ITEM— VII.J.21 ORDINANCESIRESOL UTIONS ITEM#77493 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, 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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 2 nd day of September 12025. 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 Vanagement Services o y's Office CA16955 R-1 August 20, 2025 45 ITEM— VII.J.22 ORDINANCESIRESOL UTIONS ITEM#77494 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to TRANSFER$446,105 within the FY 2025-26 Public Works Operating Budget repurchase of capital equipment for the concrete crew Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 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 2nd day of September 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management rvices Att ey's Office CA16944 R-1 August 18, 2025 46 ITEM— VILK APPOINTMENTS ITEM#77495 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPORTATIONADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWA TER APPEALS BOARD TRANSITION AREAIINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD September 2, 2025 47 ITEM— VII.K APPOINTMENTS ITEM#77496 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: BRANDONHORSLEY Four year term 101112025—913012029 AGRICULTURE ADVISORY COMMISSION Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 48 ITEM— VILK APPOINTMENTS ITEM#77497 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: JOHNDAVID (Electrical Professional) Five year term 101112025—913012030 BOARD OF BUILDING CODE APPEALS Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 49 ITEM— VILK APPOINTMENTS ITEM#77498 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: ERIC KEPLINGER Four year term 91112025—813112029 DEVELOPMENT AUTHORITY Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 50 ITEM— VILK APPOINTMENTS ITEM#77499 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: SARA CULLY Unexpired thru 1113012026 HEALTH SERVICES AD VISOR Y BOARD Voting: I1 -0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 51 ITEM— VII.K APPOINTMENTS ITEM#77500 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: KIMBERLYDENTON (Licensed Real Estate Salesperson or Broker) Four year term 101112025—913012029 HOUSING ADVISORYBOARD Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 52 ITEM— VII.K APPOINTMENTS ITEM#77501 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: OGUEMEJURU Unexpired thru 913012025 Plus two year term 101112025—913012027 And REAPPOINTED: KARLAA GREGORY CAVELLE MOLLINEAUX Two year term 101112025—913012027 MINORITY BUSINESS COUNCIL Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 53 ITEM— VILK APPOINTMENTS ITEM#77502 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: LA UREN BLAND Unexpired thru 513112028 OPEN SPACE ADVISORY COMMITTEE Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 54 ITEM— VII.K APPOINTMENTS ITEM#77503 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: CLINTONMILLS (District 3) Three year term 91112025—813112028 PARKS AND RECREATION COMMISSION Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 55 ITEM— VILK APPOINTMENTS ITEM#77504 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JAMES YOST (Alternate Merit Service Member) Unexpired term thru 212812027 PERSONNEL BOARD Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 56 ITEM— VILK APPOINTMENTS ITEM#77505 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: DORCAS HELFANT-BROWNING Unexpired term thru 212812028 RESORT ADVISORY COMMISSION Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: None September 2, 2025 57 NEW BUSINESS ITEM#77506 Council Member Rouse wished Council Member Henley happy birthday which was yesterday and wished Vice Mayor Wilson happy birthday today. September 2, 2025 58 ADJOURNMENT ITEM#77507 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:26 P.M. Terri H. h�ti Chief Deputy City Clerk NON A da Barnes,MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia September 2, 2025 59 OPEN DIALOGUE The following registered to speak: Holli Martir, 4165 Rainbow Drive, Phone: 339-5325, expressed her frustration with City taxes. DeLois Hankins, 1333 Diamond Springs Road, Phone: 919-6817, did not respond Vic Nichols, 1124 Mill Lake Quarter, Chesapeake, Phone: 410-0008, was unable to be heard via WebEx ADJOURNED at 6:31 P.M. September 2, 2025