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HomeMy WebLinkAboutOCTOBER 7, 2025 INFORMAL AND FORMAL SESSION MINUTES •h U` 11 ` t= s e� of VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia OCTOBER 7,2025 Vice Mayor Rosemary Wilson called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, October 7, 2025, at 1:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, David Hutcheson, Cal "Cash"Jackson- Green, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Mayor Robert M. Dyer—Arrived at 2:00 P.M. Barbara M. Henley—Arrived at 2:56 P.M. Jennifer Rouse—Family member illness 2 CITY COUNCILS BRIEFINGS COASTAL STORM RISK MANAGEMENT(CBS*STUDY UPDATE ITEM#77588 1:00 P.M. City Manager Duhaney advised this presentation is cancelled due to the presenter being furloughed. October 7, 2025 3 CITY COUNCILS BRIEFINGS ELECTRIC BICYCLES UPDATE ITEM#77589 1:01 P.M. Vice Mayor Wilson welcomed Brent McKenzie, Legislative Affairs Director. Mr. McKenzie 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. Vice Mayor Wilson expressed her appreciation to Mr. McKenzie for the presentation. October 7, 2025 "+R.. e ..,.,.... REW E- Bikes and Impacts on Community Safety Brent McKenzie, Legislative Affairs Director October 7, 2025 Today's Presentation 1. E-Bike concerns 2. Code of Virginia 3. Local Municipal Code 4. Enforcement challenges 5. City Communications 6. Recommendations/Options 7. Discussion and Guidance Guidance At the conclusion of today's presentation, we are looking for: 1. How would the Council like to proceed utilizing existing authority? 2. Does the Council want to seek additional authority from the Commonwealth and what authority would you like to request? The Commonwealth does provide local governments limited authority to restrict where e-bikes can operate, but they do not provide authority to ban them or to keep them offal roads or out of local parks. 3 g Community Concerns • Safety concerns for E-Bike users • Kids not ready for the responsibility, speed, and power of the bikes • Helmets not always being used • Increasing number and severity of accidents • Safety concerns for bystanders • E-Bikes moving too fast and recklessly on shared sidewalks, paths, and in parks • Road safety • E-Bikes not following traffic laws cause issues for vehicles maneuvering on the roadway with them 4 VS Standard Legislation Part 1 • 41 states have adopted some form of the standard legislation as proposed by People for Bikes • Virginia adopted the standard legislation in 2020 (46.2-904.1) • Treats E-Bikes like a typical bicycle • Requires manufactures to affix a label containing bike class, top assisted speed, and motor wattage Def initions • "Electric power-assisted bicycle" means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power, (ii) a seat for the use of the rider, and (iii) an electric motor with an input of no more than 750 watts. • Categorizes E-Bikes into three categories • 1. "Class one" means an electric power-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour; • 2. "Class two" means an electric power-assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; and • 3. "Class three" means an electric power-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. Class three must have a speedometer. 6 Standard Legislation Part 2 • All operators of a class 3 E-Bike are required to always wear a bicycle helmet • E-Bikes may be ridden in places where bicycles are allowed, including streets, highways, roads, shoulders, bicycle lanes, and bicycle or shared-use paths. With the below exceptions: 1. Following notice and a public hearing, a locality or state agency having jurisdiction over a bicycle or shared-use path may prohibit the operation of class one or class two electric power- assisted bicycles on such path, if it finds that such a restriction is necessary for public safety or compliance with other laws. 2. A locality or state agency having jurisdiction over a bicycle or shared-use path may prohibit the operation of class three electric power-assisted bicycles on such path. 3. A locality or state agency having jurisdiction over a trail may regulate the use of electric power-assisted bicycles on such trail. For purposes of this subdivision, "trail" means a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials. 7 VS Code of Virginia Other portions of the code regulate E-Bikes and bicycles • 46.2-906.1 Locality may adopt ordinance that requires anyone 14 and under to wear a bicycle helmet (same for any bicycle) * • 46.2-903 Are permitted to ride on the sidewalk (same for any bicycle) • 46.2-904 Locality may by ordinance prohibit the use on sidewalks. If ordinance is passed, signs shall be posted in general areas where the use is prohibited (same for any bicycle) 46.2-908.1 No person under 14 years old shall drive a class three E-Bike unless under the immediate supervision of a person who is at least 18 years old • 46.2-1015 Every bicycle and E-Bike when in use between sunset and sunrise shall be equipped with a headlight on the front and a red reflector to the rear • 46.2-1078 Are prohibited from wearing earphones in both ears while operating (same for any bicycle) • 15.2-1720 allows a locality to require every resident owner of a bicycle, electric power-assisted bicycle, electric personal assistive mobility device, or moped to register it with the locality. Requires the locality provide a license plate, tag, or adhesive license decal s `V local code : Where E- Bikes are Allowed Part 1 • Current City regulations pertaining to where E-Bikes are allowed : • 7-59: Permits E-Bikes on sidewalks and designated bike paths of the City, except where otherwise prohibited • 7-59. 1: Prohibits E-Bikes on Atlantic Avenue during the resort season and prohibits E-Bikes and bikes on sidewalks in the resort area at any time • Resort season defined as May 1 through September 30. Outside of that timeframe, E- Bikes are permitted on Atlantic Avenue • Resort area defined as the area, from and including, the sidewalk on the west side of Pacific Avenue to the Atlantic Ocean between Rudee Inlet and 42nd Street 9 IVS Local Code : Where E-Bikes are Allowed Part 2 • 7-59.2 : Prohibits bikes and E-Bikes on beach, sand dunes, and boardwalk unless authorized by a special events permit • 7-59.3 : Prohibits E-Bikes on bicycle path adjacent to boardwalk, on grassy area adjacent to the boardwalk , on oceanfront parks and plazas • Only bicycles are permitted on boardwalk bike path • 7-59.4: Prohibits E-Bikes on any sidewalk or plaza in Town Center • 7-59.6: Prohibits E-Bikes in City owned parking garages 10 . _ The Americans with Disabilities Act The Americans with Disabilities Act (ADA) defines mobility devices to include "other power-driven m bility devices". An E-Bike is one type of other power- driven mobilitydevi � � A public entity shall make reasonable accommodatio � o its p v policies to permit the use of other power-driven mobility devices, unless the public entity can show that the class of other power-driven mobility device cannot be operated in accordance with legitimate safety requirements the public entity has adopted. Factors to consider whether a power-driven mobility device can be allowed in a specific location include: the type, size, weight, speed of device; volume of pedestrian traffic; the characteristics of the location; whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the location; and whether the other-power driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources on conflicts with federal land management laws. 28 CFR Sec. 35.137 Local Code : Operating an E- Bike • 7-50: helmets required for riders 14 years old and under ($25 fine) • 7-59: operators shall yield the right-of-way to pedestrians, give audible signal when overtaking pedestrians, dismount and walk E-Bike to avoid physical contact with any person (civil penalty of not more than $50) • 7-60: Prohibits reckless riding, which is operating an E-Bike (or other listed wheeled device) "recklessly or at a speed faster than is reasonably proper, or in a manner so as to endanger the life, limb or property of the rider or of any other person" (Punishable as a traffic infraction with a fine of not more than $200) • 7-64: Use of earphones in both ears while operating a E-Bike is prohibited (Punishable as a traffic infraction with a fine of not more than $20Q) , Enforcement Challenges • City codes are complex and location specific • Need for additional signage in designated prohibited areas • Difficulty identifying types of E-Bikes while they are in operation • Including knowing if it has more than 750 watts and should be classified as a moped • Safety of E-Bike riders and officers • It is difficult to safely stop E-Bike riders in accordance with department policies and procedures • Officers frequently utilize an educational approach • ADA accommodations 13 •; _:, Communications Initiatives • Parks & Recreation has presented updates to the Resort Area's Transportation, Parking, Pedestrian Committee • An E-Bike user guide was developed for wide distribution, including to the VB Police Department and local bike shops • Communications initiatives to drive public education about the City's efforts on E-Bike safety and enforcement are covered in the Strategic Communications Plan • An E-Bike information hub for residents and visitors was developed in September as a dedicated website and landing page and part of the City's Hot List topic areas • The E-bike Solutions and Safety Task Force will meet on Oct. 9 with agenda items including: • replacement/new trail signage design, and locations • recommendations to the Transportation, Parking, Pedestrian Committee and Active Transportation Advisory Committee to request City Council on E-Bike related topics • planning for Spring 2026 Citywide Marketing/Educational Campaign • Video public service announcements are currently in development, including the first aimed at young people • A series of E-Bike blogs will be posted to the City's website beginning in October • The City will leverage upcoming events in Q4 2025 for more public outreach to kids, parents and riders, including .4 Halloween. - Street Legal Class 1 Class 2 Class 3 Low-Speed Motorized Bicycles a-bikes a-bikes a-bikes Vehicles Vehicles Use Paths V Off-road mountain bike O�0 ��� ©� trails _ State parks_ fJ0O <4L0 ©lO` Federal parks. ' Bike Lane Street C3l0 (Zj' C;3�C? 3 Interstate v(S> (S> (S) CS> I'm (S) (S> (S> CS> (4s> Town Center /C Sidewalks s �`.�.r►') R E S O R T A R E A �+r� Oceanfront /�►,. Z � ( '1 Bike Path `Q�CJ` ��\A1rl 1-\r�l Sidewalks s Atlantic Ave S (May-Oct) Q�Qz$ (�Y► �7/) (qs> (S) 1. Not regulated by City cf Virginia Beach. Regulations vary by agency and land management unit. Check each park for specific regulations. 2. LSV's only permitted on roads with a speed limit of 35 or under. 3. E-blkes, like regular bicycles,are prohibited on all sidewalks In the Oceanfront Resort Area and at Town Center. The Americans with Disabilitles Act states that a-bikes used as a Power Assisted Mobility Device due to a moblllty disability can be used anywhere pedestrians can walk. Recommendations • City Code 7-59. 1(a) prohibits E-Bikes on Atlantic Avenue during the resort season • Now preempted by state law, recommend removal of this subsection • Add the three classes of E-Bikes to City Code • Virginia code requires riders of class 3 E-Bikes must be at least 14 years old unless supervised by someone at least 18 years old • Virginia Code requires a rider and passenger of a class 3 E-Bike must wear a helmet regardless of age, conflicts with City Code 7-50: requires all E-Bike riders 14 years or younger to wear a helmet • Enhance signage in prohibited areas 16 a Options for Council Consideration Changes to where E-Bikes can operate: 1. Prohibit the operation of class one or class two E-Bikes on city shared-use paths • Law requires a finding that such a restriction is necessary for public safety or compliance with other laws • Requires a public hearing 2. Prohibit the operation of class three E-Bikes on city shared-use paths 3. Prohibit operation of E-Bikes on city trails • For purposes of this subdivision, "trail" means a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials. 4. Prohibit operation of E-Bikes on sidewalks All would require the placement of signage 17 Additional Options for Council Consideration Explore requiring owners of E-Bikes to register the bike with the city • Law requires the locality to provide a license plate, tag, or adhesive license decal • Would require a new process and materials • Would require extensive communication and education • Would have budgetary impacts Request additional authority from the Commonwealth or changes in Virginia Code • Add parks to where localities may prohibit e-bike usage • Increase the helmet requirement age (currently 14 and under) and the type of helmet • Eliminate the class 3 definition of an E-Bike and have those classified as mopeds 18 Thank uestions ? c1 Y O VIRGINj 1 BEACH 19 4 CITY MANA GER'S BRIEFING STORMWA TER EXTENSION PROGRAM UPDATE ITEM#77590 1:48 P.M. Vice Mayor Wilson welcomed Kyle Coolbaugh, Stormwater Extension Program Manager—Public Works. Mr. Coolbaugh expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto, and made a part of the record. Vice Mayor Wilson expressed her appreciation to Mr. Coolbaugh for the presentation. Mayor Dyer arrived from the State of Region at 2:00 P.M October 7, 2025 hr t � a 1 � t ' t tm µ.. RI Stormwater Extension Program Update to City Council Kyle D. Coolbaugh, CFM I October 7, 2025 Agenda • Program Summary • Program Background • Resources _ • Funding • Public Awareness _` • Program Metrics � • Discussion z . ... Program Summary t ram works to The Stormwater Extension Pro � : . g expand access to flooding mitigation information, -k grant opportunities, and real time flood information to residents and businesses throughout Virginia Beach. M This program is unique among communities by establishing dedicated resources to flood mitigation VO Program Background l&ch31,2020 • Identified as a phase II adaption program in the Sea Level Wise Adaptation Strategy report, the Stormwater Extension Program supports the goals of Sea Level Wise by providing research and appropriately-scaled mitigation strategies to y residents and businesses. na Beach Sea Level Wise Adaptation Strategy ISeaLevelWise 4 V Program Background • The program began in January 2024, and initial FLOODING MITIGATION efforts were focused on researching mitigation • • = • ' strategies to determine which would be appropriate � for use in our community. • The initial focus of the program was to create the 5` M .r Flooding Mitigation Toolbox containing information about mitigation strategies, and to determine the F, workflows of the program. Flood Resiliency Tools for Residents & Businesses • The toolbox is now available on the City,s website at Virginia Beach.gov/StormwaterExtension. Works TDis rode k the combined eddbutes of MI the strategies coveretl in the toolbox.Use Mis to compere Resources The Flooding Mitigation Toolbox aggregates information about mitigation strategies and presents the information in an easy to understand, standardized Mitigation Strategy Table strategies and focus ideas baseU on these variables. format. daucaan: uaexuLRen: coax: acrlora LValNN: Meranta R orcsleum nee Plerualg RalnfMl S Pasvw Mup:decad¢ Medxm orb 2/s are discussed. strategies lhArq Sao.eLne MuntlMan YfSYSY Pmswe Mua�yeer Lwv les a/Y _ _ document Rain Barrel Rainfall S Posvw Mua�d¢caee Median Ile 1/Y • 1 • in allows residents • compare &o-Relentron Beds Rainfall Sf-ffSs Pasiwe MWli year Medxm Pesslbly 3/Y 1 Rain Garden variables between strategies. Puffin w.5ump IrhrMptKKl ffSS Oom Muaitlxatle Hign Nos Y/Y Regrad,ip BOM Sff Pesyse MWlidecarle Low Yea a/Y French Description T¢mppary Benders Muirdation SS Attrve Muei.yeer High Ho 1;Y Flooding Typl................Rainfall A French drain is a single or a connected system of pedoratetl pipes designed to c F,e„cn aMn wimml ff Peaw¢ Mwi-decade MMium pn„mly s/s be absorbed directly Into the soil.An added benefit to a French drain system Is law COSt.._..............................$$ all beneftt from the additional water In the loll.Pipes are typically made of either p peimeade peters Rninrall Sff paaw¢ Muni-<mcad¢ M¢dlun, ws a/s referred to as high density polyethylene or HDPE)or polyvinyl chloride(PVC)with Action..............................PaSslVe to allow woler to soak Into the ground.Typical InstallBtlon will require b layer of Otte pipe.This is used to screen out loose soil and roes,then a course of gravel or other stone to bed the pipe. ® Lifespan..........................Mufti-decade Maintenance Level.......Medium Concerns A French drain wNl be able to cope with most run-ol-the-mill rain events,however[here i5 a good chance IL Planning Review...........Possibly will be overwhelmed in larger rain events such as hurricanes,tropical storms,and even heavy downpours no matter how large the system is.cleanou[s should be installed along the system to allow the pipes to De cleanetl . dotlkall.The I s should be tanned out in such a wa that vehicles will not drNe over the I es unless they are specially shielded or designed to handle traHk.For parcels with septic systems,the septic drain field should be as far as possible from any French drain line. Drain Soil Types There are three main types of soli:loam,send and clay.Virginia Beach has a mix of loanry and clay soils with some pockets of sandy soil rypicaly in bw-lying areas and near the ocean.loamy soil is ideal for a French drain,because it easiy allows the water to be absorbed.Sandy soils will also allow for a tlecent amount of Permeable pipes designed to allow runoN to soak into the ground. absorption;however,sand can easily infiltrate the pipe reducing overall usetulness.pay sods do not absorb - �° water well,and when mixed with sanA will make a French drain IneHec[Ne.Soil types may vary across a parcel. Resources Residents may schedule a site visit with the Stormwater Extension Program Manager to discuss site specific issues and get a more in-depth understanding of their situation. • Advocacy on behalf of residents and business owners. • Assisting those interesting in pursuing grant opportunities. • Engagement programs to help the public understand how flooding effects the world around them. Resources • Stormwater Extension oversees the sensor program within Public Works. • These sensors collect rainfall, water level, wind, and other data points continuously throughout the city. • This data is used before, during, and after storm events to gauge the effectiveness of the stormwater system, locate u, E a' problem areas, evaluate storm intensity, and plan future improvements. i _ Cameras are being added to the sensor network to ' s increase situational awareness and to provide redundancy. A.I./machine learning are being explored to further 4VI {¢ N enhance the sensor networks. Sensors will play a large role in the SWOCC center. SO sVa u i n g .......... j � • The program was first funded by City Council in the � f t FY2023-2024 budget. The program currently has one (1) FTE. w a � � • Funding for the program comes from the a stormwater utility enterprise fund. t • Should the program continue to grow and demand - from the public increase, metrics-based decisions will need to be made regarding additional staffing. ._._.'^-_.-..gar--.'` ...—V,•. x. x" m h, 9 VB u Public Awareness 4 Whr° Messaging about Stormwater Extension has been " slowly ramping up in preparation for fully opening • 0 Me 0 athe program to the public. • ` ` ` • • WHRO and WVEC-13 have both done items about Stormwater Extension, as well as the City's social media. • With this presentation, the program is considered fully open. ' Engagement with groups throughout the city (civic leagues, HOAs, interest groups etc.) about mitigation, Stormwater, and flooding is available. 4 More public messaging will be coming across various means of communication. 10 Program Metrics Cases per District: District 10 District 1 7% 7% Count % 37 ❑ District 1 2 7% District 9 13% District 2 District 2 6 20% ,, 20% Total Cases ❑ District 3 1 3% ❑ District 4 5 17% � 8 District 8 District 3 ❑ District 5 0 0% 13% 3% Active Cases ❑ District 6 7 23% ❑ District 7 3 10% District 7 District 4 ❑ District 8 4 13% 1 10% 7% ❑ District 9 4 13% ❑ District 10 2 7% District 6 23% 11 Discussion • Program Information : • VirginiaBeach.gov/StormwaterExtension Or , StormwaterExtension@VBgov.com . a. 757-385-1690 p 0 0 0 VirginiaBeach.gov Flooding Mitigation Toolbox (AmazonAWS.com) 12 5 CITY COUNCIL LIAISON REPORTS ITEM#77591 2:03 P.M. There were no City Council Liaison Reports. October 7, 2025 6 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77592 2:04 P.M. Council Member Remick advised the Oceanfront has been busy with the Neptune Festival a couple of weeks ago, Fil Fest last weekend at Rudee Loop and this weekend is the Boardwalk Art Show and Pickle Ball Virginia (PVA) Tournament. Council Member Remick advised the PVA Tournament will be held at the facility on General Booth Boulevard and Birdneck Road, where$2-Million was spent on improvements for forty-six (46) pickle ball courts, adding, this will be the second consecutive year ESPN will cover the tournament with the best men and women pickle ballplayers in the United States competing. Council Member Remick further advised, staff from the Resort Management Office and Code Enforcement have given approximately eighty (80) citations to business owners on Atlantic Avenue. In addition, staff are addressing a few more issues related to vulgar t-shirts still being displayed at storefronts. Council Member Schulman expressed his appreciation to Council Member Remick and staff from Code Enforcement on their efforts to make the Resort Area a friendly place for families. Council Member Schulman advised he wanted to share a short anecdote from when he and his family stayed at the Oceanfront during the Neptune Festival weekend. Council Member Schulman advised on Saturday night, he walked by himself down Atlantic Avenue to see how the owners of retail stores were complying with the Resolution requesting the removal of vulgar t-shirts from windows. Council Member Schulman advised he was impressed to see so many in compliance until he reached the 22"d block of Atlantic Avenue and found three (3) stores who had not removed vulgar items. Council Member Schulman advised he spoke to each of the retail store managers, explaining as a parent it would be nice if they could move the items inside the store. Council Member Schulman advised two (2) of managers met him with disdain and were incredibly disrespectful. Council Member Schulman noted that the following day, while riding the trolley with his wife and three (3) daughters, the trolley stopped in front of one of those same stores and described his disappointment in seeing the shock on his daughters'faces when they saw same vulgar items still displayed. Council Member Schulman is hopeful that other business owners and community members can persuade retail store managers to remove the items from public view. October 7, 2025 7 CITY COUNCIL DISCUSSIONIINITMTIVES/COMMENTS ITEM#77593 (Continued) Council Member Ross-Hammond provided the following comments: - Attended the 10`"Anniversary of the ViBe Creative District and congratulated Kate Pittman and Laura Wood, expressing her appreciation to them for all of their work to grow the District. - Attended the Fil Fest and was impressed to see how the organizers worked with kids of all ages, adding she really enjoyed watching the "Boots on the Ground"dance. - Advised she learned from Council Member Jackson-Green that a group of eighty-five (85) retired African-American educators from different Historically Black Colleges and Universities (HBCU) were visiting and worked with Director Helman to provide each with a welcoming gift on behalf of the City and a copy of, "A Trail of Trials and Triumphs: Unveiling Black History in Hampton Roads". Council Member Ross- Hammond expressed her appreciation to Director Helman for gathering the items so quickly. - On October 11'h the Virginia African American Cultural Center (VAACC) will host their annual Community Fall Festival at 744 Hampshire Lane from 11:00 A.M.—5:00 P. M. Council Member Ross-Hammond advised the free event will have live music, vendors and food, and at 11:30 A.M., Dr. Patricia Turner and Ed Joyner will be honored. October 7, 2025 8 CITY COUNCIL DISCUSSIONIINITL4TIVES I COMMENTS ITEM#77594 (Continued) Vice Mayor Wilson provided the following comments: - Attended the Tour De Shadowlawn event last Saturday where approximately 130 people gathered to show their appreciation to the Shadowlawn business owners by visiting local restaurants. Vice Mayor Wilson advised the event ended with a party at the Ice House parking lot. - On Sunday she and Mayor Dyer attended the Open House at Volunteer Rescue Squad, Station 14, where the crew did a lovely job showing their ambulances and how different things operate. - Vice Mayor Wilson congratulated the Pine Ridge neighborhood on their Fall Fest, explaining that the organizers were awarded a grant from the Arts and Humanities Commission and really enhanced this year's festival. October 7, 2025 9 CITY COUNCIL DISCUSSION/17VITL4TIVES/COMMENTS ITEM#77595 (Continued) Council Member Berlucchi provided the following comments: - The District 3 Neighborhood Safety Awareness and Self-Defense Workshop was held on September 25`h expressing his appreciation to Sheriff Holcomb and his Deputies for doing a great job and providing really good information. Council Member Berlucchi encouraged Council Members to hold the same event in their Districts or for organizations they are part of. - Expressed his appreciation to Council Member Ross-Hammond for recognizing the ViBe Creative District's 10`" Anniversary and congratulated Kate Pitman, Co- Founders Laura Wood and Andy Fine as well as the entire ViBe Board and all others who contributed to making the area a very special Arts and Creative District in the City. Council Member Berlucchi advised the ViBe Creative District has set the standard to inspire creative districts around the country. - Attended the Fil Fest and expressed his deep admiration for the City's Filipino American community and believes this year's Fil Fest was the best one he has ever attended as it was not only fun, but also well-organized with great vendors,food and drinks. - Appreciates Vice Mayor Wilson mentioning the grant the Pine Ridge neighborhood received and would like to have a report on the impacts the grants have had in bringing arts, culture and creative expression to the City since City Council dedicated a portion of the admissions taxes for arts and culture in the last budget cycle. Mayor Dyer advised he enjoyed attending the Fil Fest and it was the first time a Resolution was presented, which he asked Council Member Berlucchi to read. Mayor Dyer expressed it was a great event, and he was pleased to see George Alcaraz presented with the new, "Bobby Melatti Lifetime Achievement Award". October 7, 2025 10 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#77596 (Continued) Council Member Cummings advised he will host a District 8 Town Hall on October 201"at 5:30 P.M., at the Meyera Oberndorf Central Library. Council Member Cummings advised the City Attorney's Office will provide information on the Election Referendum and staff from the City Manager's Office and Police Department will provide a presentation on e-bikes. October 7, 2025 11 CITY COUNCIL DISCUSSION/INITMTIVES/COMMENTS ITEM#77597 (Continued) Mayor Dyer advised he was late today as he was attending the State of the Region and explained there were approximately 800 people in attendance who received information on the Region's challenges and opportunities. Mayor Dyer further advised this morning he attended a ceremony at Naval Air Station Oceana where Secretary of Defense Pete Hegseth swore in sixty(60)recruits who are joining all branches of the Armed Forces. Mayor Dyer believes it highlights how the City plays a strategic part of national defense in the country. October 7, 2025 12 AGENDA REVIEW SESSION ITEM#77598 2:23 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCESIRESOL UTIONS: 1. Resolution to DESIGNATE October 2025 as Breast Cancer Awareness Month and AUTHORIZE the City Manager to illuminate Greenwich Overpass with pink lighting(Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Remick and Schulman) 2. Resolution to DESIGNATE November 3, 2025 as Alzheimer's Awareness Day and AUTHORIZE the City Manager to illuminate certain city facilities in teal(Requested by Vice Mayor Wilson and Council Members Cummings, Hutcheson, Remick, Ross-Hammond and Schulman) 3. Resolution to DESIGNATE Bridle Creek Boulevard in honor of Timothy "Timbaland" Mosley (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Hutcheson,Jackson-Green and Ross-Hammond) 4. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a First Amendment to Agreement for Use and Support of a Solid Waste Disposal System with Southeastern Public Service Authority of Virginia(SPSA) re extend renewal term 5. Ordinance to A UTHORIZE the City Manager to negotiate the terms and conditions for the transfer of Virginia Beach School Board Property to the City at 4622 and 4722 Jericho Road re park use 6. Ordinance to EXTEND the date for satisfying the conditions in the matter of Commonwealth Brewing Company, LLC re closing a portion of Lake Drive adjacent to 2444 Pleasure House Road 7. Ordinance to AUTHORIZE and CONVERT a part-time position to full-time position in the City Attorneys Office re assist with increased workload 8. Ordinance to AUTHORIZE and APPROPRL4TE bonuses for City staff 9. Ordinance to ACCEPT and APPROPRMTE $341,252 from the Virginia Early Childhood Foundation and Old Dominion University Research Foundation to the FY 2025-26 Parks and Recreation Operating Budget re support programs focused on expanding access to preschool services 10. Ordinance to ACCEPT and APPROPRL4TE $218,830 from the Virginia Department of Conservation and Recreation Dam Safety,Flood Prevention and Protection Assistance Fund to the FY 2025-26 for Capital Improvement Program #100640, "Stumpy Lake Dam Improvements"and AUTHORIZE a local match re design and construction of dam modifications October 7, 2025 13 AGENDA REVIEW SESSION ITEM#77598 (Continued) 11. Ordinance to ACCEPT and APPROPRIATE $127,603 from the Virginia Department of Motor Vehicles(DMi9 to the FY2025-26 Police Department Operating Budget and A UTHORIZE a 50% in-kind grant match re overtime and equipment expenses related to the seatbelt and speed enforcement 12. Ordinance to ACCEPT and APPROPRIATE$90,000 from the National Aeronautics and Space Administration (NASA) to the FY 2025-26 Department of Information Technology Operating Budget re support part of the City's Lead Data Scientist's salary 13. Ordinance to ACCEPT and APPROPRIATE$48,463 from the Supreme Court of Virginia, Office of the Executive Secretary to the FY 2025-26 Commonwealth's Attorney Operating Budget and AUTHORIZE a 25%grant match re drug and alcohol testing services 14. Ordinance to ACCEPT and APPROPRIATE $45,502 from the Virginia Department of Motor Vehicles(DMV)to the FY2025-26 Police Department Operating Budget and A UTHORIZE a 50% in-kind grant match re overtime, training, and equipment expenses related to the DUI enforcement 15. Ordinance to ACCEPT and APPROPRIATE$25,000 from the Virginia Department of Criminal Justice Services(DCJS)through the Witness Protection Grant to the FY2025-26 Commonwealth's Attorney Operating Budget re safety planning, emergency food, clothing, childcare and witness transportation October 7, 2025 14 AGENDA REVIEW SESSION ITEM#77598 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENTAGENDA: K. PLANNING. 1. CONCORDE APTS L.P./NORFOLKPREMIUMOUTLETS,LLCfor a Conditional Change of Zoning from I-1 Light Industrial District to Conditional A-36 Apartment District reconstruct 180- unit multifamily development and a Variance to Section 4.4.(b) of Subdivision Regulations re lot width and street line frontage at parcel directly southwest of 5945 Burton Station Road DISTRICT 4 2. WEST NECK COMMUNITY ASSOCIATION, INC. for a Modification of Pro fens to a Conditional Change of Zoning and a Conditional Use Permit re outdoor recreational facility at parcel east of 3072 Signature Circle DISTRICT 2 3. SS NEWTOWN LLC DBA ARROWHEAD CAR CARE/ARROWHEAD THREE LLC for a Conditional Use Permit re automotive repair garage at 5773 Arrowhead Drive, Suite 107 DISTRICT 1 4. THE CHURCH IN VIRGINIA BEACH for a Conditional Use Permit re religious use at 5263 Greenwich Road DISTRICT 1 5. JAYERNY/HERMANDOUGLAS PASCHALL REVOCABLE TRUST for a Conditional Use Permit re alternative residential development at 1524 Gum Bridge Road DISTRICT 2 6. MARK& SOMER BROWN/WILD ACRES FARMS VB,LLC for a Conditional Use Permit re outdoor recreation facility at 5917 Blackwater Road DISTRICT 2 7. MICHAEL BACLE/MIC11AEL D. & SUSAN L. BACLE for a Conditional Use Permit re firewood preparation facility at parcel directly southeast of 1625 Indian River Road DISTRICT 2 8. BELINDA GAIL HILL for a Conditional Use Permit re home-based wildlife rehabilitation center at 709 De Laura Lane DISTRICT 9 9. JUXHIN EUGENE SELA /IRA KOSTA & JUXHIN SELA for a Conditional Use Permit re short term rental at 516 22"d Street, Unit 300 DISTRICT 6 L. PLANNING: ITEM#6 WILL BE CONSIDERED SEPARATELY October 7, 2025 15 ITEM#77599 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purposes: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3711(A)(7). • Atlantic Park • Holloway, et al. v. City of Virginia Beach PUBLICLY-HELD PROPERTY. Discussion or consideration of the acquisition of real property for public purpose;or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2- 3 711(A)(3). • District 5 • District 6 PUBLIC CONTRACT:Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body,pursuant to Section 2.2-3711(A)(29). • Atlantic Park • Party at the Pier • Silos Affordable Housing Application 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- 3711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees • Performance of Council Appointees October 7, 2025 16 ITEM#77599 (Continued) Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 2:29 P.M. Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Barbara M. Henley—Arrived at 2:56 P.M. Jennifer Rouse Break 2:29 P.M. — 2:42 P.M. Closed Session 2:42 P.M. — 3:40 P.M. Break 3:40 P.M. — 3:56 P.M. Closed Session 3:56 P.M. — 5:56 P.M. October 7, 2025 17 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL OCTOBER 7,2025 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, October 7, 2025, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse -Family member illness INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OFALLEGL4NCE TO THE FLAG OF THE UNITED STATES OF"ERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual orpotential 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. October 7, 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. October 7, 2025 19 V.F CERTIFICATION ITEM#77600 Upon motion Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THEMOTION 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, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 1A'$�4c6 04j U Y _ a yQ �' OF OUR Nit\0\N RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINU BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#77599 on Page 16 and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Amanda Barnes, M City Clerk October 7, 2025 20 ITEM— VII.G.1 MINUTES ITEM#77601 Upon motion by Council Member Schulman, seconded by Council Member Berlucchi, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 16,2025 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent.- Jennifer Rouse October 7, 2025 21 ITEM— VII.G.2 MINUTES ITEM#77602 Upon motion by Council Member Schulman, seconded by Council Member Berlucchi, City Council APPROVED the MINUTES of the FORMAL SESSION of September 23,2025 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 22 ITEM— VII.H PUBLIC COMMENT ITEM#77603 Mayor Dyer DECLARED a PUBLIC COMMENT: 2026 DRAFT LEGISLATIVE AGENDA The following registered to speak.- Bob Mandigo, 121 Gallant Box Road, Phone 499-1834, spoke in SUPPORT of the Code Amendment re Menhaden Fishing Regulation There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT October 7, 2025 23 ITEM— VII LI PUBLIC HEARINGS ITEM#77604 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED CHARTER AMENDMENT Procedure for Land Use Approvals South of the Blue Line (Requested by Mayor Dyer and Vice Mayor Wilson) Vice Mayor Wilson read a letter of support she received from the Virginia Beach Farm Bureau, attached hereto and made apart of the record. There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING October 7, 2025 Virginia Beach Farm Bureau FARM e VIRGINIA October 4, 2025 Virginia Beach City Council Members:. Statetnent-from the Virginia Beach Farm Bureau Board of Directors Let it be known that attire last official meeting of the Virginia Beach Farm Bureau Board of Directors, held on September H 2025, the Board voted unanimously to endorse the Virginia Beach Charter change, recommending that any increase in density below the Blue Line requires a supermajority vote of City Council. Sincerely, John Cromwell, President Barry Knight, Vice President. Offico (7571426-6115 1 For 1757)426-6M 1057 Princess Anne Road Virginia Beech;VA 23457 1 valb earn 24 ITEM— VII LI PUBLIC HEARINGS ITEM#77605 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION OF AGRICULTURAL LAND PRESERVATION(ARP)EASEMENT Installment Purchase Agreement for 90.77+/-acres located at 5548 Buzzard Neck Road There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING October 7, 2025 25 ITEM— VII.I FORMAL SESSIONAGENDA ITEM#77606 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 Berlucchi, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions K.• 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 and Planning Items L:1,2,3, 4, 5, 7, 8 and 9 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse L. PLANNING. ITEM#6 WILL BE CONSIDERED SEPARATELY October 7, 2025 26 ITEM— VII K:I ORDINANCES/RESOLUTIONS ITEM#77607 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to DESIGNATE October 2025 as Breast Cancer Awareness Month and AUTHORIZE the City Manager to illuminate Greenwich Overpass with pink lighting(Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Remick and Schulman) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS REMICK AND SCHULMAN 1 A RESOLUTION DESIGNATING OCTOBER 2025 AS 2 BREAST CANCER AWARENESS MONTH AND 3 AUTHORIZING THE ILLUMINATION OF THE GREENWICH 4 OVERPASS IN PINK THROUGHOUT THE MONTH OF 5 OCTOBER 6 7 WHEREAS, October is Breast Cancer Awareness month-, and 8 9 WHEREAS, this annual month-long campaign is designed to bring awareness to 10 one of the most common cancers in women-, and 11 12 WHEREAS, more than 250,000 women are diagnosed with breast cancer each 13 year in the United States, and approximately 42,000 women will die from the disease this 14 year-, and 15 16 WHEREAS, pink is the universally designated color associated with breast cancer 17 awareness-, and 18 19 WHEREAS, utilizing the color pink is a meaningful way to show support for breast 20 cancer survivors and families, to raise awareness about the disease, and to contribute to 21 the fight against breast cancer. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby designates October 2025 as Breast Cancer 27 Awareness Month-, and 28 29 That the City Manager is directed to illuminate the Greenwich overpass with pink 30 lighting in recognition of Breast Cancer Awareness Month throughout the month of 31 October 2025. Adopted by the City Council of the City of Virginia Beach, Virginia on the 7th day October 12025. APPROVED AS TO LEGAL SUFFICIENCY.- City torney's Office CA16986 R-1 September 26, 2024 27 ITEM— VII.K.2 ORDINANCES/RESOLUTIONS ITEM#77608 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to DESIGNATE November 3, 2025 as Alzheimer's Awareness Day and AUTHORIZE the City Manager to illuminate certain city facilities in teal (Requested by Vice Mayor Wilson and Council Members Cummings, Hutcheson, Remick, Ross-Hammond and Schulman) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS CUMMINGS, HUTCHESON, REMICK, ROSS-HAMMOND, AND SCHULMAN 1 A RESOLUTION DESIGNATING NOVEMBER 3, 2025 2 AS ALZHEIMER'S AWARENESS DAY AND 3 AUTHORIZING THE ILLUMINATION OF CERTAIN 4 CITY FACILITIES IN TEAL 5 6 WHEREAS, November is Alzheimer's Awareness Month; and 7 8 WHEREAS, Alzheimer's disease is a progressive brain disorder that causes 9 memory loss, confusion, and other cognitive decline; and 10 11 WHEREAS, more than 6.2 million Americans live with Alzheimer's disease; and 12 13 WHEREAS, there is currently no cure for Alzheimer's disease, but treatments can 14 help manage symptoms and slow the progression of the disease; and 15 16 WHEREAS, research is ongoing to develop new treatments and prevention 17 strategies for Alzheimer's disease; and 18 19 WHEREAS, November is a time to raise awareness about Alzheimer's disease 20 and show support for individuals and families affected by Alzheimer's-, and 21 22 WHEREAS, teal is used to demonstrate support for Alzheimer's awareness 23 because teal has been shown to be a calming color in psychology color studies; and 24 25 WHEREAS, more than 1 ,300 structures around the world will be illuminated in teal 26 this year to raise awareness and show support for the millions of people impacted 27 by Alzheimer's. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council hereby designates November 3, 2025 as Alzheimer's 33 Awareness Day; and 34 35 That the City Manager is directed to illuminate the Virginia Beach Convention 36 Center, the Virginia Aquarium & Marine Science Center, Building 30, and the Greenwich 37 Flyover with teal lighting in recognition of Alzheimer's Awareness Day on November 3, 38 2025. Adopted by the City Council of the City of Virginia Beach, Virginia on the 7th day October , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16968/R-2/September 24, 2025 28 ITEM— VII.K.3 ORDINANCES/RESOLUTIONS ITEM#77609 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to DESIGNATE Bridle Creek Boulevard in honor of Timothy "Timbaland" Mosley(Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Hutcheson, Jackson-Green and Ross-Hammond) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse After adoption, City Council welcomed Ms. Tamiya Davis and Ms Michelle Dumas-Cutno, Executive Producers of Timbaland Weekend,and presented them with an honorary street sign, "Timbaland Way' October 7, 2025 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS HUTCHESON, JACKSON-GREEN, AND ROSS-HAMMOND 1 A RESOLUTION DESIGNATING BRIDLE CREEK 2 BOULEVARD IN HONOR OF TIMOTHY "TIMBALAND" 3 MOSLEY 4 5 WHEREAS, Timothy "Timbaland" Mosely is a Norfolk native, but he and his 6 family moved to Bridle Creek Boulevard in Virginia Beach just as he was becoming a 7 teenager; 8 9 WEHREAS, as a teenager, he loved music and the way music could make 10 people feel; he began DJing as "DJ Timmy Tim;" and he had big dreams; 11 12 WHEREAS, at Salem High School, he began a longtime musical collaboration 13 with Melvin "Magoo" Barcliff; he joined a production ensemble that included his cousin, 14 Virginia Beach native Pharrell Williams; and he was friends with brothers Terrence and 15 Gene Thornton, who would become known as Pusha T and Malice; and along with his 16 friend, Portsmouth native Missy "Misdemeanor" Elliot, they would create a fresh and 17 innovative kind of music now known as the "Virginia sound" and established Virginia as 18 one of the East Coast's strongholds in hip-hop; 19 20 WHEREAS, after graduating from Salem High School in 1994, he began 21 producing music, including for R&B singer Ginuwine, but it was his work with Missy 22 Elliot on Aaliyah's second album, One in a Million, and Elliot's debut album, Supa Dupa 23 Fly, that brought him international acclaim and made him one of the most sought-after 24 producers for R&B and hip-hop artists; 25 26 WHEREAS, working with the leading recording artists of the time, including Jay- 27 Z, Justin Timberlake, Madonna, and Beyonce, among many others, he wrote and 28 produced a catalogue of global chart-topping hits, and he has more top 10 hits than 29 Elvis or the Beetles; 30 31 WHEREAS, while he writes and produces hits for other artists, he also is a 32 recording artist himself, releasing three albums as part of the Virginia-based hip-hop 33 duo Timbaland & Magoo, along with several hit solo albums; 34 35 WHEREAS, his list of accolades includes four Grammy Awards and three 36 Songwriter of the Year Awards, and last year, he was inducted into the Songwriters Hall 37 of Fame; and 38 39 WHEREAS, in recognition of all that Timbaland has accomplished, in 40 appreciation for the music he created that is loved around the world, and in recognition 41 that he got his beginning right here, in Virginia Beach, on Bridle Creek Boulevard; 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH: 45 That the City Council hereby designates Bridle Creek Boulevard in honor of 46 Timothy "Timbaland" Mosely and hereby directs the City Manager to cause signage in 47 honor of Timbaland to be placed on Bridle Creek Boulevard. Adopted by the City Council of the City of Virginia Beach, Virginia, this 7th day of October , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16890 R-5 September 3, 2025 29 ITEM— VII.R:4 ORDINANCESIRESOL UTIONS ITEM#77610 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a First Amendment to Agreement for Use and Support of a Solid Waste Disposal System with Southeastern Public Service Authority of Virginia(SPSA) re extend renewal term Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 1 A RESOLUTION TO AUTHORIZE AND DIRECT THE CITY 2 MANAGER TO EXECUTE ON BEHALF OF THE CITY OF 3 VIRGINIA BEACH A FIRST AMENDMENT TO AGREEMENT 4 FOR USE AND SUPPORT OF A SOLID WASTE DISPOSAL 5 SYSTEM WITH THE SOUTHEASTERN PUBLIC SERVICE 6 AUTHORITY 7 8 WHEREAS, the Southeastern Public Service Authority ("SPSA") was created in 9 1976 by concurrent resolution of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, 10 Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton (the 11 "Member Localities") ; 12 13 WHEREAS, Virginia Beach and the other member localities entered into Use and 14 Support Agreements (the "Agreements"), which define the duties and responsibilities of 15 SPSA and the Member Localities; 16 17 WHEREAS, all of the current Agreements run through June 30, 2027, and will 18 automatically extend for an initial renewal term of ten years through June 20, 2037, unless 19 the member locality provides notice of intent to not renew its Agreement; 20 21 WHEREAS, SPSA is working with Commonwealth Sortation LLC to provide a 22 mixed waste sorting facility with a guaranteed recycle rate of 20%; and 23 24 WHEREAS, SPSA is asking each member locality to execute a First Amendment 25 to the Use and Support Agreement that would renew the agreements for 25 years, until 26 June 30, 2052, instead of the current 10 years and more clearly define "recyclable waste" 27 for purposes of the Agreement. 28 29 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 30 VIRGINIA, THAT: 31 32 The City Manager is hereby authorized and directed, on behalf of the City of 33 Virginia Beach, to execute the "First Amendment to Agreement for Use and Support of a 34 Solid Waste Disposal System," a copy of which is attached hereto as Exhibit A and 35 incorporated herein. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of October , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management ervices rney ffice CA16976 R-1 September 25, 2025 FIRST AMENDMENT TO AGREEMENT FOR USE AND SUPPORT OF A SOLID WASTE DISPOSAL SYSTEM THIS FIRST AMENDMENT TO AGREEMENT FOR USE AND SUPPORT OF A SOLID WASTE DISPOSAL SYSTEM("Amendment")is made effective as of ,2025,by and between the SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA ("Authority'), and the ("Member Locality'). RECITALS WHEREAS, effective as of January 25, 2018, the Authority and each SPSA Member entered into identical Agreements for Use and Support of a Solid Waste Disposal System (the agreement executed by the Member Locality will be referred to as the "Agreement," and the agreements with each SPSA Member are collectively referred to as the"Post-2018 Use& Support Agreements"). All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. WHEREAS, the Initial Term of the Agreement runs through June 30, 2027, and will automatically extend for an initial Renewal Term of ten (10) years unless the Member Locality provides notice of intent to not renew the Agreement by no later than eighteen (18) months prior to June 30, 2027; WHEREAS, on February 5, 2024, the Authority issued a Request for Proposal for Solid Waste Disposal Services (RFP 01-24) (as amended,the"RFP")to establish one or more contracts through competitive negotiation for the acceptance and processing, recycling, recovery, reuse and/or disposal of 100% of the waste delivered by or on behalf of the Authority to contractor's permitted facilities, and for such contractor(s) facilities to serve as a Designated Disposal Mechanism; WHEREAS,the Authority and Commonwealth Sortation LLC("Contractor")are currently in negotiations to finalize a long-term Waste Supply and Services Agreement ("WSSA") under which Contractor will provide the services described in the RFP (the "Project") for a period of at least twenty (20) years from the date the Project is operational, which period will extend well beyond the Initial Term and first Renewal Period; and WHEREAS, to ensure the Authority's ability to provide Municipal Solid Waste for the length of the proposed WSSA and to allow Contractor to secure reasonable financing for the Project, the Authority has requested that each SPSA Member amend their individual Post-2018 Use & Support Agreements to extend the Term and make other clarifying revisions. AGREEMENT NOW THEREFORE, in consideration of the promises and mutual obligations set forth in the Agreement, as amended by this Amendment, and other good and valuable consideration, the receipt of which is acknowledged by the parties, the Authority and the Member Locality agree as follows: I-2906650.3 1. Article II, Section 13 of the Agreement is amended and restated in its entirety as follows: Recyclable Waste—Any Solid Waste that(1)pursuant to Virginia's Solid Waste Management Regulations (or other relevant Applicable Law) in effect from time to time, or pursuant to prevailing commercial practices in the waste management industry at the applicable time, (a) can be used or reused,modified for use or reuse, or prepared for beneficial use or reuse as an ingredient in an industrial process to make a product or as an effective substitute for a commercial product or(b) is otherwise processible (or reprocessible)to recover a usable product or is regenerable to another usable form, in each case,however, expressly excluding "residual" Solid Waste generated in connection with any such modification,preparation and/or processing for use, reuse, recovery and/or regeneration of other Solid Waste to the extent that such"residuals"cannot be categorized as"Recyclable Waste" in accordance with the foregoing; and(2) is segregated by a SPSA Member for reuse, recovery and/or regeneration. 2. The Member Locality is willing to amend the Agreement to extend the Term provided that the following conditions have occurred(collectively,the"Approval Requirements"): (1) the Board of Directors of the Authority (the "Board") has passed a resolution approved by at least seventy-five percent (75%) of the Board authorizing amendments identical to this Amendment for each Post-2018 Use& Support Agreement; (2)at least seventy-five percent(75%) of the SPSA Members have executed such amendment; (3) the Board has passed a resolution approved by at least seventy-five percent (75%) of the Board designating Contractor and/or Contractor's facilities as a Designated Disposal Mechanism and authorizing the Executive Director of the Authority to execute the WSSA with Contractor on behalf of the Authority; and(4)both the Authority and Contractor have signed and delivered to each other the finalized WSSA. 3. If and when all of the Approval Requirements have been met, then Article III, Section 1(a)of the Agreement is amended and restated in its entirety as follows: This Agreement shall become effective as of the Agreement Effective Date and shall continue thereafter for an initial term(the "Initial Term") ending at midnight on June 30, 2052, unless earlier terminated(i)by the Member Locality in accordance with the provisions of Section 2 below or(ii) in accordance with Section 3 below. For the avoidance of doubt, the Authority and the Member Locality acknowledge and agree that the amendment to Article III, Section 1(a)will only take effect if all of the Approval Requirements have been met and, if that never occurs,then Article III, Section 1(a) shall not be amended. 2 I-2906650.3 4. Miscellaneous. Except as modified in this Amendment,the terms and conditions of the Agreement shall remain unchanged and in full force and effect. The headings in this Amendment are for the purposes of reference only and shall not limit or define the meaning of the provisions of this Amendment. In the event of a conflict between the terms of the Agreement and this Amendment, the terms of this Amendment shall govern. This Amendment may be executed in counterparts, which when taken together shall constitute one complete document. Facsimile and/or electronically delivered scanned copies of this Amendment signed by the parties shall be binding and enforceable as if the same were an executed original. IN WITNESS WHEREOF, the Authority and the Member Locality have caused this Amendment to be executed on their behalf and their seals to be affixed and attested by officials thereunto duly authorized, all as of the date and year first above written. ATTEST: SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA By: Executive Director ATTEST: [INSERT NAME OF LOCALITY] By: [City Manager/County Administrator] APPROVED AS TO FORM: [City/County Attorney] 3 I-2906650.3 30 ITEM— VII.K.5 ORDINANCESIRESOL UTIONS ITEM#77611 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to negotiate the terms and conditions for the transfer of Virginia Beach School Board Property to the City at 4622 and 4722 Jericho Road re park use Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 1 AN ORDINANCE AUTHORIZING NEGOTIATIONS 2 OF THE TERMS AND CONDITIONS FOR THE 3 TRANSFER OF VIRGINIA BEACH SCHOOL BOARD 4 PROPERTY LOCATED ON JERICHO ROAD TO 5 THE CITY OF VIRGINIA BEACH FOR PARK USE 6 7 WHEREAS, the Virginia Beach School Board (the "School Board") owns three 8 properties on Jericho Road, identified as GPINs: 1478-40-4330, 1478-30-7312 and 1478- 9 30-9728 (the "School Parcels"); 10 11 WHEREAS, the School Board appointed an Ad Hoc Committee, consisting of 12 School Board Members, Virginia Beach City Council Members, School and City staff 13 members, and representatives of the Aragona and Pembroke Manor Civic Leagues, to 14 review and bring back recommendations regarding the disposition of portions of the 15 School Parcels no longer in use by the School Board as possible surplus; 16 17 WHEREAS, as recommended by the Ad Hoc Committee, the School Board desires 18 to transfer to the City of Virginia Beach (the "City") approximately 13.71 acres of the 19 School Parcels (the "Property") for park and passive recreation purposes; 20 21 WHEREAS, on August 12, 2025, the School Board adopted a Resolution 22 authorizing the Superintendent, or designee, and legal counsel for the School Board to 23 work with City personnel to negotiate mutually agreeable terms and conditions for the 24 transfer of the Property, a copy of which is attached hereto as Exhibit A, and made a part 25 hereof; and 26 27 WHEREAS, the City desires to enter into negotiations with the School Board to 28 negotiate the terms and conditions for the transfer of the Property. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA, THAT, 32 33 1. The City Manager, or designee, and legal counsel for the City are hereby 34 authorized and directed to proceed with negotiating mutually agreeable terms and 35 conditions for the transfer of the Property from 'the School Board to the City, including 36 entering into a nonbinding term sheet, so long as such terms are consistent with the 37 Summary of Terms attached hereto as Exhibit B, and made a part hereof. 38 39 2. The City Manager is directed to present the final proposed terms and 40 conditions to City Council for approval and authorization prior to executing binding 41 documents for the transfer of the Property to the City. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day 44 of October 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL: SUFFICIENCY: J P li Works / eal Estate for e CA16746 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d012\p053\01073086.docx R-1 September 25, 2025 N EXHIBIT A VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Kathleen J.Brown,Chair Carolyn D.Weems,Vice Chair District 10 District 9 Mark Bohenstiel Michael Callan David Culpepper District 3 District 6 District 8 Matt W.Cummings Rose M.Dwyer Sharon R.Felton District 7 District 1 At-Large Dr.Alveta J.Green Kimberly A.Meinyk Melinda J.Rogers District 4 District 2 District 5 Donald E.Robertson,Jr.,Ph.D.,Superintendent RESOLUTION NEGOTIATION FOR DISPOSITION OF CERTAIN JERICHO ROAD PROPERTIES WHEREAS,the School Board owns three properties on Jericho Road;and WHEREAS,on June 23,2023,the School Board appointed an Ad Hoc Committee to Study Open Space Uses for School Board Property on Jericho Road("Ad Hoc Committee")and charged the Ad Hoc Committee to study and bring back recommendations regarding open space uses for any unneeded school property that is located on Jericho Road;and WHEREAS,the Ad Hoc Committee included School Board Members,City Council Members,knowledgeable School Division and City staff members and representatives of the Aragona and Pembroke Manor Civic Leagues whose neighborhoods have long advocated for repurposing of any unneeded school property on Jericho Road to address the need for services and facilities in these neighborhoods;and WHEREAS,on March 19,2025,the Ad Hoc Committee submitted its Report and Recommendations of the Ad Hoc Committee to Study Open Space Uses for School Property on Jericho Road,-and WHEREAS,on July 8,2025,the School Board considered the recommendations of the Ad Hoc Committee;the consensus of the School Board is to accept the Ad Hoc Committee's recommendation that the School Board transfer an approximately 13.71 acre portion of the School Board's property,which is a portion of the former site of the Bayside 6 campus,to the City of Virginia Beach for park and passive recreation purposes on terms and conditions which are acceptable to both the School Board and the City,including identification of funding for necessary demolition of existing improvements,resubdivision work necessary to create a separate parcel,parks and recreation uses for the property which are compatible with the surrounding neighborhoods and the existing school which will remain,and other terms and conditions. NOW,THEREFORE,BE IT RESOLVED 1. That the School Board authorizes the Superintendent or designees and legal counsel for the School Board to work with City representatives to negotiate mutually agreeable terms and conditions for the transfer to the City of the portion of the Jericho Road's property which is no longer needed for school purposes. 2. That the proposed terms and conditions for the transfer of such property to the City be presented to the School Board at a later date for School Board consideration,any necessary public hearing and decision. 3. That a copy of this Resolution and the March 19,2025 Report and Recommendation of the Ad Hoc Committee to Study Open Space Uses for School Property on Jericho Road be transmitted to the City Council,the City Clerk and the City Manager. `,, i,eted by the School Board of the City of Virginia Beach,Virginia,this 12'day of August 2025. ,.; v;',y '• 'li Kathleen J. Brown, School Board Chair ro ,,� ►J .Ull.l.1 s. t 1 1 ATTEST: s +.d7•• •b ems: t!���E�1(�'�� `;•�p�•.,,,,,.. '0�'0�� RegrVa M.Toneatto, School Board Clerk Put Students First •Seek Growth •Be Open to Change ,Do Great Work Together •Value Differences 2512 George Mason Drive 1 P.O.Box 6038 1 Virginia Beach,Virginia 23456-0038 EXHIBIT B SUMMARY OF TERMS SCHOOL BOARD PARCELS: Three adjoining parcels located at 4622 and 4722 Jericho Road in the City of Virginia Beach, Virginia (GPINs: 1478-40-4330, 1478- 30-7312, and 1478-30-9728) ("School Board Parcels") PROPERTY: An approximately 13.71-acre portion of the School Board Parcels ("Property") PARTIES: City of Virginia Beach ("City") School Board of the City of Virginia Beach ("School Board") PURPOSE: School Board to transfer Property to City for use as a public park and passive recreation site. COST: No purchase price for the Property. PERPETUAL USE RESTRICTION: The Property will be transferred to the City subject to a use restriction ensuring the continued use of the Property as a public park site, open space and passive recreation, and for other limited public purposes that support public infrastructure compatible with the community needs of the surrounding neighborhoods. SPECIAL TERMS: School Board will be responsible for demolishing existing improvements to grade and resubdividing the School Board Parcels, at its cost. City may assist in the resubdivision and recording the plat. Property to be conveyed AS IS/WHERE IS, without any warranties. No fixed time period for City to install park facilities, which shall be in the City's discretion. 31 ITEM— VILK.6 ORDINANCESIRESOL UTIONS ITEM#77612 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions in the matter of Commonwealth Brewing Company, LLC re closing a portion of Lake Drive adjacent to 2444 Pleasure House Road Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF COMMONWEALTH BREWING 4 COMPANY, LLC FOR THE CLOSURE OF A 5 PORTION OF LAKE DRIVE ADJACENT TO 6 2444 PLEASURE HOUSE ROAD 7 8 WHEREAS, on October 17, 2023, the Council of the City of Virginia Beach acted 9 upon the application of Commonwealth Brewing Company, LLC (the "Applicant") for the 10 closure of a 7,130 sq. ft. portion of Lake Drive, adjacent to its property located at 2444 11 Pleasure House Road; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3753D) to close 14 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 15 conditions being met on or before October 16, 2024; 16 17 WHEREAS, on September 18, 2024, the Applicant requested an extension of 18 time to satisfy the conditions to the aforesaid street closure action and, by Ordinance 19 adopted on October 15, 2024 (ORD-3787B), City Council approved the extension until 20 October 16, 2025; and 21 22 WHEREAS, on September 19, 2025, the Applicant requested an additional one- 23 year extension of time to satisfy the conditions to the aforesaid street closure action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting conditions of closure as stated in the Ordinance 29 adopted on October 17, 2023 (ORD-3753D), upon application of Commonwealth 30 Brewing Company, LLC, is extended to October 16, 2026. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7 th day 33 of October , 2025. 34 35 No GPIN assigned (City Right-of-Way) 36 Adjacent to GPINs: 1570-50-2725, 1570-50-2959 & 1570-50-3916 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: [�o 1, P Planning Department City Attorney CA16752 R-1 September 24, 2025 32 ITEM— VII.K.7 ORDINANCES/RESOLUTIONS ITEM#77613 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE and CONVERT a part-time position to full-time position in the City Attorney's Office re assist with increased workload Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 1 AN ORDINANCE TO AUTHORIZE THE CONVERSION OF 2 0.60 PART-TIME FTE TO 1.0 FULL-TIME FTE IN THE CITY 3 ATTORNEY'S OFFICE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 A 0.6 part-time FTE within the City Attorney's Office is hereby converted to 1.0 full- 9 time FTE to support the City Attorney's Office Real Estate Section. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of October 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J Budget and nagement Services City Att rney's Office CA16977 R-1 September 22, 2025 33 ITEM— VII.K.8 ORDINANCES/RESOLUTIONS ITEM#77614 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE and APPROPRIATE bonuses for City staff Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 1 AN ORDINANCE TO AUTHORIZE BONUSES FOR CITY 2 STAFF AND APPROPRIATE THE NECESSARY FUNDS 3 FOR IMPLEMENTATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $4,893,641 is hereby appropriated from the Fund Balance of the General Fund to 9 provide bonuses to all non-sworn full-time and part-time City staff except for City 10 Council, City Council appointees, and the Constitutional Officers. 11 12 2) $55,435 is hereby appropriated from the State Compensation Board of the 13 Commonwealth of Virginia, with revenue increased accordingly, to the FY 2025- 14 26 Operating Budget of the Office of the Commonwealth's Attorney to provide a 15 1.5% one-time bonus payment. 16 17 3) $320,347 is hereby appropriated from the State Compensation Board of the 18 Commonwealth of Virginia, with revenue increased accordingly, to the FY 2025- 19 26 Operating Budget of the Sheriff's Office to provide a 1.5% one-time bonus 20 payment. 21 22 4) $42,973 is hereby appropriated from the State Compensation Board of the 23 Commonwealth of Virginia, with revenue increased accordingly, to the FY 2025- 24 26 Operating Budget of the Clerk of the Circuit Court to provide a 1.5% one-time 25 bonus payment 26 27 5) $14,337 is hereby appropriated from the State Compensation Board of the 28 Commonwealth of Virginia, with revenue increased accordingly, to the FY 2025- 29 26 Operating Budget of the Office of the City Treasurer to provide a 1.5% one-time 30 bonus payment. 31 32 6) $12,788 is hereby appropriated from the State Compensation Board of the 33 Commonwealth of Virginia, with revenue increased accordingly, to the FY 2025- 34 26 Operating Budget of the Office of the Commissioner of the Revenue to provide 35 a 1.5% one-time bonus payment. 36 37 7) Notwithstanding other budgetary controls, the City Manager is hereby authorized 38 to transfer funds between departments and funds in furtherance of this ordinance. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of October , 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 anagement Services rney's Office CA16980 R-1 September 23, 2025 34 ITEM— VII.K.9 ORDINANCES/RESOLUTIONS ITEM#77615 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BYCONSENT,Ordinance to ACCEPT and APPROPRIATE$341,252 from the Virginia Early Childhood Foundation and Old Dominion University Research Foundation to the FY2025-26 Parks and Recreation Operating Budget re support programs focused on expanding access to preschool services Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO EXPAND ACCESS TO PRESCHOOL 3 SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $341,252 is hereby accepted from the Virginia Early Childhood Foundation and 9 Old Dominion University Research Foundation and appropriated, with revenue increased 10 accordingly, to the FY 2025-26 Operating Budget of the Department of Parks and 11 Recreation for the purpose of support programs focused on expanding access to 12 preschool services. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of October , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services ity A torney's Office CA16975 R-1 September 22, 2025 35 ITEM— VUK10 ORDINANCESIRESOL UTIONS ITEM#77616 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE 5218,830 from the Virginia Department of Conservation and Recreation Dam Safety, Flood Prevention and Protection Assistance Fund to the FY 2025-26 for Capital Improvement Program #100640, "Stumpy Lake Dam Improvements" and AUTHORIZE a local match re design and construction of dam modifications Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 CONSERVATION AND RECREATION'S DAM SAFETY, 4 FLOOD PREVENTION AND PROTECTION ASSISTANCE 5 FUND AND TO AUTHORIZE A LOCAL MATCH 6 7 WHEREAS, the Virginia General Assembly established the Dam Safety, Flood 8 Prevention and Protection Assistance Fund grant program to help local governments 9 improve methods for flood prevention and protection; and 10 11 WHEREAS, the City has identified that Stumpy Lake Dam is in need of 12 modifications to provide better flood prevention and protection; and 13 14 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA, THAT: 16 17 1. $218,830 is hereby accepted from the Dam Safety, Flood Prevention and 18 Protection Assistance Fund and appropriated, with state revenues increased 19 accordingly, to the FY 2025-26 Capital Improvement Program to project 20 #100640, "Stumpy Lake Dam Improvements." 21 22 2. A local match of$218,830 is hereby authorized through currently-appropriated 23 funds within Capital Project #100640 "Stumpy Lake Dam Improvements." Adopted by the Council of the City of Virginia Beach, Virginia on the 7 th day of October , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and anagement Services orne s O ice CA16983 R-1 September 23, 2025 36 ITEM— VII.K11 ORDINANCESIRESOL UTIONS ITEM#77617 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRL4TE$127,603 from the Virginia Department of Motor Vehicles(DMV)to the FY2025-26 Police Department Operating Budget and AUTHORIZE a 50% in-kind grant match re overtime and equipment expenses related to the seatbelt and speed enforcement Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF SPEED AND 3 SEATBELT/OCCUPANT PROTECTION LAWS AND TO 4 AUTHORIZE AN IN-KIND GRANT MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $127,603 is hereby accepted from the U.S. Department of Transportation 10 National Highway Traffic Safety Administration via the Virginia Department of Motor 11 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2025- 12 26 Police Department Operating Budget for overtime and equipment expenses related to 13 the seatbelt and speed enforcement. 14 15 2. The local grant match of in-kind resources within the Police Department 16 equal to 50% of the federal funds is hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 th day of October 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services orney's Office CA16985 R-1 September 24, 2025 37 ITEM— VII K12 ORDINANCESIRESOL UTIONS ITEM#77618 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRL4TE$90,000 from the National Aeronautics and Space Administration(NASA)to the FY2025-26 Department of Information Technology Operating Budget re support part of the City's Lead Data Scientist's salary Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE NATIONAL AERONAUTICS AND 3 SPACE ADMINISTRATION 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 $90,000 is hereby accepted from the National Aeronautics and Space 10 Administration and appropriated, with revenues increased accordingly, to the FY 2025- 11 26 Operating Budget of the Department of Information Technology to support part of the 12 City's Lead Data Scientist's salary in the amount of $30,000 annually for the next three 13 years. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of October 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lot Z_"�� /V LAI'14-V1 Budget and Management Services C- Attorney's Office CA16982 R-1 September 23, 2025 38 ITEM— VHK.13 ORDINANCES/RESOLUTIONS ITEM#77619 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BYCONSENT, Ordinance to ACCEPT and APPROPRL4TE$48,463 from the Supreme Court of Virginia, Office of the Executive Secretary to the FY 2025-26 Commonwealth's Attorney Operating Budget and AUTHORIZE a 25%grant match re drug and alcohol testing services Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR CERTAIN RECOVERY COURT EXPENSES 3 AND TO AUTHORIZE A LOCAL MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $48,463 is hereby accepted from the Supreme Court of Virginia, Office of the 9 Executive Secretary, and appropriated, with revenues increased accordingly, to 10 the FY 2025-26 Operating Budget of the Office of the Commonwealth's Attorney 11 to provide drug and alcohol testing services. 12 13 2. The local match of 25% is hereby authorized within the Office of the 14 Commonwealth's Attorney from existing resources. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 th day of October , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services Lorws Office CA16979 R-1 September 23, 2025 39 ITEM— VILK.14 ORDINANCESIRESOL UTIONS ITEM#77620 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $45,502 from the Virginia Department of Motor Vehicles(DAM to the FY2025-26 Police Department Operating Budget and AUTHORIZE a 5 0% in-kind grant match re overtime,training, and equipment expenses related to the DUI enforcement Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $45,502 is hereby accepted from the U.S. Department of 9 Transportation National Highway Traffic Safety Administration via the Virginia 10 Department of Motor Vehicles and appropriated, with federal revenue increased 11 accordingly, to the FY 2025-26 Police Department Operating Budget for overtime, 12 training, and equipment expenses related to DUI enforcement. 13 14 2. The local grant match of in-kind resources within the Police Department 15 equal to 50% of the federal funds is hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 th day of October , 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services orn s Office CA16984 R-1 September 24, 2025 40 ITEM— VII K.15 ORDINANCESIRESOL UTIONS ITEM#77621 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $25,000 from the Virginia Department of Criminal Justice Services (DCJS) through the Witness Protection Grant to the FY 2025-26 Commonwealth's Attorney Operating Budget re safety planning,emergency food,clothing,childcare and witness transportation Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 CRIMINAL JUSTICE SERVICES FOR WITNESS 4 PROTECTION EXPENSES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT- 8 9 $25,000 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated, with revenue increased accordingly, to the FY 2025-26 11 Operating Budget of the Office of the Commonwealth's Attorney to support safety 12 planning, emergency food, clothing, and other measures, such as childcare and witness 13 transportation, for people who are witnesses to a serious crime. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 th day of October , 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 Zorney's Office CA16981 R-1 September 23, 2025 41 ITEM— VII.L.1 PLANNING ITEM#77622 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS PROFFERED, AS CONDITIONED, BY CONSENT, Application of CONCORDE APTS L.P. / NORFOLK PREMIUM OUTLETS, LLC for a Conditional Change of Zoning from I-1 Light Industrial District to Conditional A-36 Apartment District re construct 180-unit multifamily development and a Variance to Section 4.4.(b)of Subdivision Regulations re lot width and street line frontage at parcel directly southwest of 5945 Burton Station Road DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINLI BEACH, VIRGINL4 CONCORDE APTS L.P. /NORFOLK PREMIUM OUTLETS, LLC for a Conditional Change of Zoning from I-1 Light Industrial District to Conditional A-36 Apartment District re construct I80-unit multifamily development and a Variance to Section 4.4.(b) of Subdivision Regulations re lot width and street line frontage at parcel directly southwest of 5945 Burton Station Road(GPIN 1458695582)DISTRICT 4 The following conditions shall be required: Conditional Change ofZonin An Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court. Subdivision Variance The site shall establish access via easement in substantial conformance with the "SUBDIVISION VARIANCE EXHIBIT FOR CONCORDE APARTMENTS," dated 61212025, and prepared by American Engineering Associates, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`"day of October Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 CONCORDE APTS LP,a Virginia limited partnership NORFOLK PREMIUM OUTLETS,LLC,a Delaware limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 291h day of May, 2025, by and between CONCORDE APTS LP,a Virginia limited partnership,party of the first part,Grantor;NORFOLK PREMIUM OUTLETS, LLC, a Delaware limited liability company, party of the second part,Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part,Grantee, WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of property located in the District 4 of the City of Virginia Beach,Virginia, containing approximately 6.279 acres and described in Exhibit"A"attached hereto and incorporated herein by this reference. The parcels described herein and in Exhibit"A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the first part has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from 1-1 Industrial District to Conditional A-36 Aparftnent District;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS,the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on andui the area of the Property and at the same time to recognize the effects of change,and the need for various types of uses,certain reasonable conditions governing the use of the Property for the protection of the community GPIN: 1458-69-5582-0000 Prepared By; R.Edward Bourdon,Jr.,Esq.,VSB##22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 that are not generally applicable to land sinularly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise;and WHEREAS,the Grantors have voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map,in addition to the regulations provided for the A-35 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goverrdng body and without any element of compulsion or quid pro quo for zoning,rezoning,site plan, building permit,or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors,their successors,personal representatives,assigns,grantee,and other successors in interest or title: 1. When the Property is developed,it shall be as a 180 unit multifamily residential community with ancillary Site Improvements substantially in accordance with the"EXHIBIT A CONCEPTUAL SITE LAYOUT - PROPOSED CONCORDE APARTMENTS, VIRGINIA BEACH, VIRGINIA" and "EXHIBIT B SITE LAYOUT DETAILS - PROPOSED CONCORDE APARTMENTS, VIRGINIA BEACH, VIRGINIA", dated May 23, 2025, prepared by Kinrley- Horn, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning which are incorporated herein by reference (the "Concept Plans"), 2. When the Property is developed,it will be fenced and landscaped substantially as depicted and described on the "EXHIBIT D - LANDSCAPE PLAN - PROPOSED CONCORDE APARTMENTS",dated May 23,2025,prepared by Kimley-Horn,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department 2 of Planning and incorporated herein by reference (the "Landscape Plan'). The"6.0 Privacy Fence" designated on the Landscape Plan and depicted on "EXHIBIT B SITE LAYOUT DETAILS"referenced in Proffer number 1,shall be a neutral earth tone color and not white. 3. Vehicular access shall be perpetual ingress and egress easements from Premium Outlets Boulevard and from Pritchard Sheet to be granted by Deeds from the party of the second part across those portions of its adjacent property as depicted and described on the Concept Plan or as described in the respective Deed of Easement. 4. When the Property is developed,the Apartment Buildings and Club House shall have the architectural design, appearance, height and exterior building materials and colors substantially as depicted and described on pages 1 through 4 of "EXHIBIT C - PROPOSED CONCORDE APARTMENTS\ APARTMENT BUILDING ELEVATIONS"; pages 5 and 6 of "EXHIBIT C-PROPOSED CONCORDE APARTMENTS\CLUBHOUSE ELEVATIONS";page 7 of "EXHIBIT C - PROPOSED CONCORDE APARTMENTS \ APARTMENT BUILDING RENDERING"; and page 8 of "EXHIBIT C - PROPOSED CONCORDE APARTMENTS \ CLUBHOUSE RENDERING",dated 05.29.25 prepared by TS3 Architects,PC,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Deparhnent of Plaruning & Community Development and are incorporated herein by reference (the "Elevations"and"Renderings"). 5. When the Property is developed,the monument style sign located as depicted on the Landscape Plan shall have the dimensions and utilize the materials and colors as described on the"MONUMENT SIGN RENDERING CONCORDE APARTMENT HOMES",dated May 29, 2025, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning&Community Development and is incorporated herein by reference(the"Sign Rendering"). 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions,having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the 3 Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed,amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument, provided that said 'instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prolubitoiy injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the neap the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 4 WITNESS die following signature and seal: Grantor: Concorde Apts L.P.,a Virginia limited partnership By its Manager: Concorde Apts GP LLC, a Virginia limited liability company By: 1 1 (SEAL) Richard Conunselman,Manager STATE OF VIRGINIA CITY OF N by-f�1 k. to-wit: The foregoing instrument was acknowledged before me this 16t' day of May, 2025, by Richard Counselman,Manager of Concorde Apts GP LLC,a Virginia limited liability company, Manager of Concorde Apts L.P.,a Virginia limited partnership,Grantor. �01�cw Notary Public Ivly Commission Expires: 3131r KAlRtNA ANDREWS PARHAM Notary Registration Number: '15FjQ a��q Notary Public Registration#7559299 Commonwaolth of Virginia My tommilsion Ex ifes Monti 31,2029 1-2919204.2 5 WITNESS the following signature and seal: Grantor: Norfolk Premium Outlets,LLC,a Delaware limited liability company By:Norfolk Outlets,LLC,a Delaware limited liability company,its sole member By:Simon Norfolk Member,LLC,a Delaware hmite a 'lity company,its managing member By: t. (SEAL) ohn Rulli,Vice President STATE OF INDIANA COUNTY OF MARION,to-wit: The foregoing instrument was acknowledged before me this day of June,2025,by John Rulli, as Vice President of Simon Norfolk Member, LLC, a Delaware limited liability company,the managing member of Norfolk Outlets,LLC,a Delaware limited liability company, the sole member of Norfolk Premium Outlets, LLC, a Delaware limited liability company, Grantor. Notary P 1c My Commission Expires: \Sink 15�2 3e BETSY L.•GUADO Notary Registration Number: bk6S5 5 N•tary Pudic-Seal Miren County.State of Indiana alMMISS70n Number NP0654591 My Omm'ss'so Expires Jun 15,2030 Cc 1-2919204.2 6 EXHIBIT"A" LEGAL DESCRIPTION ALL THAT certain parcel of the property owned by Norfolk Premium Outlets,LLC in the City of Virginia Beach,Virginia containing 6.279 acres and described as follows: Beginning at a point on the intersection of the southerly line of the Eastern Shore Railroad right of way and the corporate boundary of the cities of Norfolk and Virginia Beach as shown on plat entitled "RESUBDIVISION PLAT OF PROPERTY OF ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK AND NORFOLK OUTLETS,LLC, NORFOLK & VIRGINIA BEACH, VIRGINIA", dated 12/18/15 and prepared by American Engineering Associates; thence along the southerly line of the Eastern Shore Railroad road of way N 60'44' 20"E a distance of 192.32' to a found pin; thence leaving the southerly line of the Eastern Shore Railroad S 35°07' 23"E a distance of 230.83' to a point in the centerline of Closed 15' Unnamed Road; thence along the centerline of Closed 15' Unnamed Road N 26' 02' 40" E a distance of 94.47' to a point; thence S 630 57 20" E a distance of 447.70' to a point;thence S 10' 07'35" E a distance of 68.27 to a point; thence S 37° 47 00" W a distance of 550.69' to a point on the corporate boundary of the cities of Norfolk and Virginia Beach; thence along the corporate boundary of the cities of Norfolk and Virginia Beach N 30'34' 44" W a distance of 823.44' to a point being the Point of Beginning. GPIN: 1458-69-5582-0000 HAAW Conditional Rezoning\"Concorde Apts\ProfferAgreement_final 5-30-2025.docx 1-2919204.2 7 BpRroN Tq��oN Rp �. � f 11 11 A� F� r� 3 OG F� S O� G O ® Site " Zoning Concorde Apts, LP w P'mrt-ed rlirnrtly cnl lthlaJ',Mcf' of r.O/1 r. Qm irfr%" Cf•%4-;e%w% 113 �.J U Property Polygons vv" y 7VM%IAVW%-7L vl VJ-rV L.fUI LV11 VLQLIVII IX%J 1 S Feet 0 45 90 180 270 360 Map created by Planning Department on 9/16/2025 42 ITEM— VHL.2 PLANNING ITEM#77623 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS MODIFIED,AS PROFFERED,AS CONDITIONED,BY CONSENT,Application of WEST NECK COMMUNITYASSOCL4TION, INC.for a Modi ication o Proffers to a Conditional Change o Zoning and a Conditional Use Permit re outdoor recreational facility at parcel east of 3072 Signature Circle DISTRICT 2 BE IT HEREBY ORDAINED BYTHE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 WEST NECK COMMUNITY ASSOCIATION, INC. for a Modification of Proffers to a Conditional Change of Zoning and a Conditional Use Permit re outdoor recreational facility at parcel east of 3072 Signature Circle (GPIN 1493859904) DISTRICT 2 The following conditions shall be required: Conditional Change ofZoninQ An Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court. Conditional Use Permit 1. The site shall be developed in substantial conformance to the concept plan entitled "WEST NECK PICKLEBALL COURTS CONCEPTUAL PLAN(COLOR)",prepared by Civil ForSite,PLLC, which has been exhibited to the City Council and is on file with the Department of Planning& Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Department of Planning and Community Development. 3. Should outdoor lighting be installed within the Outdoor Recreational Facility area, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval. All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14)feet. 4. The hours of operation shall be between 8:00 a.m. to 8:00 p.m., Monday through Sunday. October 7, 2025 43 ITEM— VII.L.2 PLANNING ITEM#77623 (Continued) This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`h day of October Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 Prepared by: Parcel Id:1493-85-9904-0000 Mark R.Baumgartner,Esq.(VSB#45171) Pender&Coward,P.C. 222 Central Park Ave.,Suite 400 Virginia Beach,VA 23462 THIRD AMENDMENT TO PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH WEST NECK COMMUNITY ASSOCIATION,INC. THIS AGREEMENT made this 151 day of July 2025,by and between West Neck Community Association, Inc., ("Grantor"or"West Neck") and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, ("Grantee"or"City"). WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach,Virginia,containing 4.715 acres and described in Exhibit "A"attached hereto and incorporated herein by this reference.Said parcel is hereinafter referred to as the"Property";and WHEREAS, the Grantor has initiated a second modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property;and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered First Amendment to Proffered Covenants, Restrictions and Conditions dated February 12,2001 (the"2001 Proffers") and Second Amendment to Proffered Covenants, Restrictions and Conditions dated June 30,2004(the"2004 Proffers") to reflect the amendments applicable to the land use plan on the Property;and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses Page 1 on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed second modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise, and WHEREAS,the Grantor has voluntarily proffered,in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modifications to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modifications and the need for which is generated by the proposed modifications. NOW,THEREFORE, the Grantor,its successors,personal representatives, assigns,grantees,and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning,rezoning,site plan, building permit,or subdivision approval,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming tender or through the Grantor, its successors,personal representatives,assigns, grantees,and other successors in interest or title: Except as expressly superseded and/or modified herein, all Covenants,Restrictions and Conditions as set forth m the original"PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS"recorded in Deed Book 4081, at Page 0206,the 2001 Proffers recorded in Deed Book 4451,at Page 0142,and the 2004 Proffers recorded in as Instrument number 200412060191261 are ratified, affirmed and remain binding upon the Property. 1. That portion of the Property located south of"Signature Way", now known as "Signature Drive"and east of Signature Circle on the 2004 plan is "MULTI-PURPOSE FACILITY @ WEST NECK CONCEPTUAL PLAN",prepared by Langley&McDonald,Inc.shall be developed with two (2)Pickleball Courts and associated hardware,fencing and gates, in substantial conformity with the"WEST NECK PICKL.EBALL COURTS CONCEPTUAL PLAN(COLOR)",prepared by Civil ForeSite,PLLC,which has been exhibited to the City Council and is on file with the Department of Planning,and is incorporated herein by reference(hereinafter the'Pickleball Plan"). 2. When developed, the materials and design elements of the courts and surrounding area shall be substantially the same as shown on the depicted on the Pickleball Pan. Page 2 The Grantor further covenants and agrees that: All references hereinabove to the PD-HI Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia,in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions.Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed, amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach, Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,including the authority(a) to order,in writing,that any noncompliance with such conditions be remedied; and(b)to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction, abatement,damages,or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may Page 3 of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: GRANTOR: West Neck Community Association,Inc. a Virginia nonstock corporation dia2i(Seal) By: /3 o P, Its: e!3 STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit; i The gin regog instrument was acknowledged before me this i day of 2025 by B p t o `TrPfp52. of West Neck Community Association,Inc.,on ehalf of the co a ,,�1111111l1y�,` �v.,•yadswor�hC42�� ARY PUBLIC ` f 9y My commission Number: My Comm.fxpre, `� 0 322099 My Commission Expires: a 3 ��� A ��,o• `•,��Y!1�0,�boo Page 4 LEGAL DESCRIPTION (Parcel ID: 1493-85-9904-0000) ALL THAT certain piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia,and being known and designated as"PARCEL 1-3B,205,395 S.F.,4.715 AC.",as shown on that certain plat entitled "SUBDIVISION OF GOLF COURSE PARCEL 1-3 AT 'WEST NECK', M.B. 303,PG. 96, CITY OF VIRGINIA BEACH,VIRGINIA",made by AES Consulting Engineers, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 20140730000695830. IT BEING a part of the properly conveyed to West Neck Community Association, Inc. by Deed dated July 31, 2014 from Baymark Golf, L.L.C., and duly recorded in the said Clerk's Office as Instrument number 20140808000736230. 4923.6608-6738,v. 9 Page 5 AG1 0�- PDH1 PDH1�J�� PDH1 LU Z 3 f- s ✓ W O� fi CFGENDgRyo Z PDH,1 SIGNP�G�� P 1 s g4MELD A 1 R DR m C Cn D �L ® Site " 0 Zoning West Neck Community Association, Inc. W-*[- Property Polygons Parcel east of 3072 Signature Circle S Feet 0 65 130 260 390 520 Map created by Planning Department on 9/16/2025 44 ITEM— VII.L.3 PLANNING ITEM#77624 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of SS NEWTOWN LLC DBA ARROWHEAD CAR CARE/ARROWHEAD THREE LLC for a Conditional Use Permit re automotive repair garage at 5773 Arrowhead Drive, Suite 107 DISTRICT 1 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SS NEWTOWN LLC DBA ARROWHEAD CAR CARE / ARROWHEAD THREE LLC for a Conditional Use Permit re automotive repair garage at 5773 Arrowhead Drive, Suite 107 (GPIN 145 793 93 03)DISTRICT I The following conditions shall be required.• 1. This Conditional Use Permit shall expire after five (5)years from the date of City Council action. To continue the Automobile Repair Garage use after such expiration, a new Conditional Use Permit shall be obtained. 2. No outside storage or display of equipment,parts, tires, merchandise, or materials shall be permitted on the site. 3. No vehicles in an obvious state of disrepair shall be parked in the parking lot at 5773 Arrowhead Drive or on Arrowhead Drive. 4. All maintenance and repair activities shall be conducted exclusively within the designated unit located at 5773 Arrowhead Drive, Suite 107. 5. Hours of operation shall be between 10:00 a.m. and 7:00 p.m., Monday through Saturday. 6. Any signage on site shall conform to the standards and regulations set forth in the Zoning Ordinance. 7. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs that are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7rh day of October Two Thousand Twenty Five. October 7, 2025 45 ITEM— VUL.3 PLANNING ITEM#77624 (Continued) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 ARROWHEAD DR ;1 W 4 y C9 U 2 ® Site N Zoning SS Newtown LLC - (DBA) (Arrowhead Car Care) W �-V` E Property Polygons 5773 Arrowhead Drive, Suite 107 S Feet 0 25 50 100 150 200 Map created by Planning Department on 9/16/2025 46 ITEM— VII.L.4 PLANNING ITEM#77625 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of THE CHURCH IN VIRGINL4 BEACH for a Conditional Use Permit re religious use at 5263 Greenwich Road DISTRICT 1 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THE CHURCH IN VIRGINIA BEACH for a Conditional Use Permit re religious use at 5263 Greenwich Road (GPIN 1467635850)DISTRICT 1 The following conditions shall be required.• 1. The total lot area is 1.59 acres. This lot area is a deviation from the three-acre minimum lot area required by the City Zoning Ordinance. 2. When the site is developed, it shall be in substantial conformance with the submitted conceptual site layout exhibit entitled, "THE CHURCH IN VIRGINIA BEACH CONCEPT PLAN—CONCEPT SITE PLAN—SHEET CP-1",prepared by WPL,LLC,dated 0612712025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. When the site is developed, it shall be in substantial conformance with the submitted conceptual landscape plan exhibit entitled, "THE CHURCH 17V VIRGINL4 BEACH CONCEPT PLAN— CONCEPT LANDSCAPE PLAN—SHEET CP-2", prepared by WPL, LLC, dated 0612712025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to the final site plan approval. 4. The building will be constructed in substantial conformance with the submitted rendering entitled "5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 5. The maximum number of occupants within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 6. The proposed freestanding sign shall be in substantial conformance with the submitted rendering entitled "Proposed Sign Rendering for The Church in Virginia Beach 5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. October 7, 2025 47 ITEM— VII.L.4 PLANNING ITEM#77625 (Continued) 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. All outdoor lights shall be shielded to direct light and glare onto the premises;said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted, in accordance with Sections 252&254 of the Zoning Ordinance, at the time of site plan review. 9. Any dumpster enclosure shall be restricted to locations acceptable to City Staff and shall comply with all screening requirements outlined in the City of Virginia Beach Landscape Guide. 10. A 5-foot-wide sidewalk with an ADA-compliant ramp shall be constructed along the west side of the site's driveway entrance. If relocation of the existing communication pedestal is not feasible, a reduced sidewalk width may be permitted in that area, subject to staff approval. This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`"day of October Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 02 Site N Zoning The Church in Virginia Beach W E 0 Property Polygons 5263 Greenwich Road S Feet 0 25 50 100 150 200 Map created by Planning Department on 9/16/2025 48 ITEM— VII L 5 PLANNING ITEM#77626 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT,Application of JAYERNY/HERMANDOUGLAS PASCHALL REVOCABLE TRUST for a Conditional Use Permit re alternative residential development at 1524 Gum Bridge Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JAYERNY/HERMANDOUGLAS PASCHALL REVOCABLE TRUST for a Conditional Use Permit re alternative residential development at 1524 Gum Bridge Road (GPIN 2411834285) DISTRICT 2 The following conditions shall be required.• 1. When the property is developed, it shall be in substantial conformance with the site layout entitled "SUBDIVISION CONCEPT PLAN OF LOT(PLAT 17VST. 920151022001035960) FOR JAYERNY— VIRGIN- M BEACH, VA—0611312025,prepared by MAS--LD Mid Atlantic Surveying and Land Design, dated 0611312025, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. A subdivision plat shall be required to be recorded prior to the release of the approved final site plan. 3. The existing tree line buffer area surrounding the properties, as depicted on the attached plan on file with the Department of Planning & Community Development, shall be maintained. This satisfies the 50 foot wide, vegetative buffer requirement outlined in the Rural Area Development Guidelines of the Comprehensive Plan. 4. Approval for private well and septic facilities must be granted by the Virginia Beach Health Department prior to obtaining a building permit. 5. There shall be no more than one single-family dwelling located on each proposed parcel. 6. In order to ensure a continued sense of rural character, the architectural design of the proposed single-family dwellings shall reflect the recommendations found in the Rural Area Design Guidelines of the Comprehensive Plan.Elevations shall be submitted to the Planning Director for review and approval prior to the issuance of a building permit. 7. A private access easement shall be placed over the shared portion of the proposed driveway for the benefit of both Parcel Al and Parcel A2. October 7, 2025 49 ITEM— VII.L.S PLANNING ITEM#77626 (Continued) 8. Any future Conditional Use Permit requests for individual uses on Parcel Al or Parcel A2 shall not require a Modification of Conditions to this Conditional Use Permit for Alternative Residential Development, so long as they do not substantially alter the overall layout or intent shown on the plan entitled "SUBDIVISION CONCEPT PLAN OF LOT(PLAT INST. #20151022001035960) FOR JAY ERNY— VIRGINL4 BEACH, VA — 0611312025." Such individual Conditional Use Permit requests shall be reviewed independently in accordance with the zoning regulations applicable to each parcel and are not considered modifications to this Conditional Use Permit Alternative Residential Development approval. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`h day of October Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 _W --- U _ c�Me, ..:ill• " - ------------ . ' .t01�.... ......... .ill,.... ..... ..a� �� ......... ..... ......... .. ill. ..... ,y Alf "�$ —..••,1 i/ l t1r �i ill .... .......... ® Site Zoning Jay Erny W [; Property Polygons 1524 Gum Bridge Road s Feet 0 140 280 560 840 1,120 Map created by Planning Department on 9/16/2025 50 ITEM— VII.L.6 PLANNING ITEM#77627 The following registered to speak: Mark and Somer Brown, Applicants, Phone: 617-1005, spoke in SUPPORT Ben Topping, Phone: 869-1606, spoke in SUPPORT Michael Dieffenbach, 2441 Baum Road, Chesapeake, Phone: 619-7773, spoke in SUPPORT Kelsey Newton, 2524 North Landing Road, Phone: 642-1566, spoke in SUPPORT During City Council discussion, Council Member Henley read aloud proposed revisions and additional conditions for the Conditional Use Permit, and then made a MOTION to APPROVE, AS REVISED, Application of MARK& SOMER BROWN/WILD ACRES FARMS VB, LLC for a Conditional Use Permit re outdoor recreation facility at 5917 Blackwater Road DISTRICT 2 As there was no second, the motion FAILED Upon motion by Council Member Schulman, seconded by Council Member Berlucchi, City Council APPROVED,AS CONDITIONED,ASAMENDED,Application of MARK&SOMER BROWN/WILD ACRES FARMS VB,LLCfor a Conditional Use Permit re outdoor recreation facility at 5917 Blackwater Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 MARK&SOMER BROWN/WILD ACRES FARMS VB,LLC for a Conditional Use Permit re outdoor recreation facility at 5917 Blackwater Road(GPIN 1398123991)DISTRICT 2 The following conditions shall be required: L This Conditional Use Permit shall not restrict personal use of the track on the property. 2. There shall be no more than 20 one-day camps permitted every calendar year. 3. The operator is permitted two individual or small group lessons per week with no more than five children per lesson. All lessons shall conclude by 8:00 p.m. 4. The hours of operation for each camp or lesson shall be between 8:00 a.m. to 8:00 p.m., Monday through Sunday. 5. There shall be no amplified music or outdoor lighting associated with the Outdoor Recreation Facility. 6. Portable restrooms shall be brought onto the property during the time of the camp and removed afterward in a timely manner. 7. All vehicles shall be parked in the designated parking area depicted on the attached site plan. Only overnight parking of bikes is permitted. October 7, 2025 51 ITEM— VII.L.6 PLANNING ITEM#77627 (Continued) & All camps, events, and lessons held on the property shall only be organized and operated by the property owner. 9. There shall be no more than 40 students on the property at any time. 10. Upon approval of this application, a Site Plan and an Erosion & Sediment Plan shall be submitted to the Development Services Center for review. 11. All improvements currently located within the Agriculture Easement that are not permitted must be removed within 12 months of application approval. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`"day of October Two Thousand Twenty Five. Voting: 9-1 Council Members Voting Aye: Michael F.Berlucchi,Stacy Cummings,Mayor Robert M.Dyer,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: Barbara M. Henley Council Members Absent: Jennifer Rouse October 7, 2025 ::. AG 1 Al AG2 AG1 � W a ' Y c� Q J m AG1 ® Site N = Zoning Mark & Somer Brown W- F 0 Property Polygons 5917 Blackwater Road S Feet 0 70 140 280 420 560 Map created by Planning Department on 9/16/2025 52 ITEM— VII.L.7 PLANNING ITEM#77628 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT,Application of MICH54EL BACLE/MICHAEL D. & SUSAN L. BACLE for a Conditional Use Permit re firewood preparation facility at parcel directly southeast of 1625 Indian River Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI7VL4 BEACH, VIRGINLI MICHAEL BACLE/MICHAEL D. &S USA NL.BACLE for a Conditional Use Permit re firewood preparation facility at parcel directly southeast of 1625 Indian River Road(GPIN 2413506321) DISTRICT 2 The following conditions shall be required: L This Conditional Use Permit shall expire after one (1) year from the date of City Council action. To continue the use of the Firewood Preparation Facility after such expiration, a new Conditional Use Permit shall be obtained. 2. After the expiration of the Conditional Use Permit, the applicant shall restore the site to its original forested state. 3. Hours of operation will be from 7:00 a.m. to 8:00 p.m., Monday through Sunday. 4. Retail sales of firewood, mulch, and farm products shall be prohibited. 5. The use of industrial vehicles to include flatbeds and tractor trailers in conjunction with the Firewood Preparation Facility shall be prohibited. 6. The entrance to the site shall be improved to meet Public Works Specifications and Standards for commercial operations. 7. The Fire Department shall be provided access at all times to any structure or firewood piles located on the property to conduct inspections to ensure the firewood is being stored and processed in a manner that reduces the potential for spontaneous generation of fires. 8. Outside storage of combustible materials shall not be located within 10 feet of a lot line. 9. No off-site materials shall be brought to the site to be processed into firewood. October 7, 2025 53 ITEM— VII.L.7 PLANNING ITEM#77628 (Continued) This Ordinance shall be effective in accordance with Section 107(f} of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`h day of October Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 AG2 AG2 20 AG2 L� *P AG2 AG2 ® site (-' Zoning Michael Bacle W*1 0 Property Polygons Parcel directly southeast of s 1625 Indian River Road Feet 0 40 80 160 240 320 Map created by Planning Department on 9/16/2025 54 ITEM— VII.L.8 PLANNING ITEM#77629 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of BELINDA GAIL HILL for a Conditional Use Permit re home-based wildlife rehabilitation center at 709 De Laura Lane DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 BELINDA GAIL HILL for a Conditional Use Permit re home- based wildlife rehabilitation center at 709 De Laura Lane (GPIN 1468919330)DISTRICT 9 The following conditions shall be required.• 1. This Conditional Use Permit only permits rehabilitation of small mammals, weighing a maximum of 10 lbs. A modification of conditions shall be required to permit rehabilitation of other animal species. 2. All wildlife shall be transported to the parent organization or other similar care facility for release or continued care. No wildlife shall be released on the subject property. 3. This application shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance (CZO)pertaining to a Home-Based Wildlife Rehabilitation Facility. 4. The applicant shall comply with all applicable provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service. 5. No more than 10 small mammals shall be housed at this property at any given time. 6. No animals shall be dropped off or picked up by the general public at this site. 7. No animals shall be dropped off between the hours of 10:00 p.m. and 7:00 a.m. 8. Animal waste shall be removed daily and disposed of in a lawful manner. 9. All animals shall be properly and humanely contained within incubators and cages within a designated room in the house. Animals shall not be allowed to roam freely outside of the home. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`"day of October Two Thousand Twenty Five. October 7, 2025 JJ ITEM— VII.L.8 PLANNING ITEM#77629 (Continued) Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 R7/.5 RP PJ �v O R7.5 R7.5 ® Site N E= Zoning Belinda Gail Hill W \ / F Property Polygons 709 De Laura Lane S Feet 0 5 10 20 30 40 Map created by Planning Department on 9/16/2025 56 ITEM— VII.L.9 PLANNING ITEM#77630 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of JUXHIN EUGENE SELA / IRA KOSTA & JUXHIN SELA for a Conditional Use Permit re short term rental at 516 22"d Street, Unit 300 DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 JUXHIN EUGENE SELA / IRA KOSTA & JUXHIN SELA for a Conditional Use Permit re short term rental at 516 22"d Street, Unit 300 (GPIN 24179873260300)DISTRICT 6 The following conditions shall be required: L The following conditions shall only apply to the dwelling unit addressed as 516 22nd Street, Unit 300, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the City Zoning Ordinance or as approved by City Council. 4. All required parking spaces, including off-site spaces, shall be subject to review and approval by the Zoning Administrator and shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two(2)resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. October 7, 2025 57 ITEM— VII.L.9 PLANNING ITEM#77630 (Continued) 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1)hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage, except architectural signs naming the structure or other signs as permitted under Sec. 211 shall be permitted on-site, except that each short term rental shall have one(1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. The sign required by this section shall include the owner or property manager's contact information. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. October 7, 2025 58 ITEM— VII.L.9 PLANNING ITEM#77630 (Continued) 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16,provided that in no case may the total number ofpersons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property at any time or times during the permitting process. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order, and 4) a document showing the required parking approved by the zoning administrator posted in the unit. a) A property inspection is required when an operator first applies for a short term rental permit and a subsequent inspection shall occur every five (5) years. In years when an inspection is not required, the property owner or their representative shall submit an attestation to the Department of Planning and Community Development confirming that the short term rental is in compliance with the requirements set forth in this section. If the planning department has good cause to believe that a safety violation exists on the property, it shall conduct an inspection prior to renewing the permit. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the permit process. October 7, 2025 59 ITEM— VII.L.9 PLANNING ITEM#77630 (Continued) 20. A structural safety inspection report shall be provided to the city every five (5) years indicating all exterior stairways, decks,porches, and balconies with a finished height more than 30 inches above ground level have been inspected by either a licensed design professional, or a licensed and insured Class A, B, or C general contractor qualified to perform such inspection and are safe for use. The report must confirm the structure has been built to the applicable residential building code standards and are free of observable damage that would render the structure unsafe for use. However, said report shall not be required for an initial period offtve(5)years for new construction inspected at the time of completion by the City's Permits and Inspections Division. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`"day of October Two Thousand Twenty Five. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. `Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 22Nj) OR � i 21s� vw j: S� ® site Zoning Juxhin Eugene Sela w- E 0 Property Polygons 516 22nd Street, Unit 300 s Feet 0 10 20 40 60 80 Map created by Planning Department on 9/16/2025 60 ITEM— VILM APPOINTMENTS ITEM#77631 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPORTATIONAD VISOR YCOMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION DE VEL OPMENT A UTHORITY HEAL TH SER VICES AD VISOR Y BOARD INDEPENDENT CITIZEN REVIEW BOARD PLANNING COMMISSION PUBLIC LIBRARYBOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISOR Y COMMITTEE VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD October 7, 2025 61 ITEM— VII.M APPOINTMENTS ITEM#77632 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JULIE DIXON Three year term 101712025—913012028 CLEAN COMMUNITY COMMISSION Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 62 ITEM— VHM APPOINTMENTS ITEM#77633 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JEFFREY COLEMAN Unexpired term thru 1013112025 Plus three year term 111112025—1013112028 HISTORICAL REVIEW BOARD Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 63 ITEM— VII.M APPOINTMENTS ITEM#77634 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: L. J.HANSEN (City Employee) Four year term 101712025—913012029 SOUTHEASTERNPUBLIC SERVICE AUTHORITY OF VIRGINL4 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 64 ITEM— VII.M APPOINTMENTS ITEM#77635 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: ADAMDOBBINS (Citizen) Unexpired term thru 1213112025 Plus two year term 11112026—121311202 7 VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse October 7, 2025 65 ADJOURNMENT ITEM#77636 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 7.24 P.M. Terri H. Chelius Chief Deputy City Clerk 4�v) Am a B nes MA4V Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia October 7, 2025 66 OPENDIALOGUE The following registered to speak.- Marc Bernarducci, 221 Market Street#544, Phone:289-1189, requested City Council make equitable changes to the requirement for homeowners in Town Center to pay the Town Center Special Service District(SSD) tax Greta Sanchez, 8541 Millard Street, Norfolk, Phone: 410-294-3633, expressed her opposition to Pride Fest and the Resolution requesting Oceanfront retailers voluntarily remove indecent and/or vulgar merchandise from storefronts and believes the Resolution is a violation of the First Amendment. Dr.Alexandra Bedford, 1035 Kempsville Road, Phone: 310-802-9169, expressed her concern that the dog she treated was misdiagnosed by Animal Control Mark Hottman, 3525 Rain Tree Road, Phone: 703-673-6217, spoke concerning the Photo Safe program and possible violation of due process Holli Martir, 4165 Rainbow Drive, Phone: 339-5325, expressed her frustration regarding City taxes Mike McLeod, 344 Daffodil Crescent, Phone: 879-6453, expressed concern about the frequent odor and use of marijuana near his home and nearby elementary school Phil Hines, 4376 Glennville Crescent, Phone: 897-3538, suggested the City hires a City historian Vic Nichols, 1124 Mill Lake Quarter, Chesapeake, Phone: 410-0008, suggested installing speed detection cameras at dangerous intersections and expressed concern about unruly patrons at a City Recreation Center ADJOURNED at 7.48 P.M. October 7, 2025