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HomeMy WebLinkAbout3-3-2026 FORMAL SESSION AGENDA U r 5 City of Virginia Beach "'COMMUNITY FOR A LIFETIME �p BUR NAT��N City Council Members Mayor Robert M. "Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash"Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 CJacksonGreen@VBgov.com 1 757-629-8792 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberlucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 StCummings@VBgov.com 1 757-629-8691 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenley@VBgov.com 1 757-426-7501 jvrouse@VBgov.com 1 757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 4schulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com. City Council Appointees Patrick A. Duhaney City Hall, Building 1 City Manager 2401 Courthouse Drive Mark D. Stiles Virginia Beach, VA 23456 City Attorney Phone: 757-385-4303 Lyndon S. Remias Fax: 757-385-5669 City Auditor Amanda Barnes City Clerk Sue Cunningham City Real Estate Assessor City Council Agenda March 3, 2026 Mayor Robert M. "Bobby" Dyer Presiding I. CITY COUNCIVS BRIEFINGS - CITY COUNCIL CONFERENCE ROOM- A. GENERAL ASSEMBLY UPDATE 3:30 P.M. Brent McKenzie, Legislative Affairs Director II. CITY COUNCIL LIAISON REPORTS 4:15 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:30 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:45 P.M. V. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS— February 17, 2026 2. SPECIAL FORMAL SESSION — February 24, 2026 H. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION The Ramblers—American Youth Football (AYF) I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY—AGRICULTURAL PURPOSES Approximately 23 acres off New Bridge Road to Dawley Family Farms, LLC Approximately 69 acres off Indian River Road to Dawley Family Farms, LLC Approximately 457 acres off North Landing Road to Land of Promise Farms Partnership 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Centerville Turnpike Phase II Project CIP 100057 (2-409), 100451 (5-251) and 100452 (6-556) 3. ACQUISITION, BY AGREEMENT OR CONDEMNATION Lynnhaven River Basin Ecosystem Restoration Project Phase 2; Wetland Construction CIP 100263 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Agreement with Lumos Telephone LLC re two (2) strands of Dark Fiber in the City's Communications Network 2. Ordinance to APPROVE and ADOPT a Revised City Council Policy re Council Member Sponsored Forums and Events (Requested by City Council) 3. Ordinance to AMEND City Code Section 2-3.1 re Boards and Commissions attendance policy (Requested by City Council) 4. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement (MOA) re the Hampton Roads Regional Groundwater Mitigation Program 5. Ordinance to ACCEPT and APPROPRIATE $720,472.93 from the Virginia Department of Emergency Management (VDEM) to the FY 2025-26 Emergency Communications and Citizen Services (ECCS) Operating Budget re 911 Infrastructure updates 6. Ordinance to ACCEPT and APPROPRIATE $5,250 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY 2025-26 Human Services Operating Budget re additional training opportunities 7. Ordinance to TRANSFER $725,981 from vacancy savings in the General Fund to the FY 2025-26 Voter Registration and Elections Operating Budget re Special Election on April 21, 2026 L. APPOINTMENTS • BEACHES AND WATERWAYS ADVISORY COMMISSION • COMMUNITY CRIMINAL JUSTICE BOARD • COMMUNITY POLICY AND MANAGEMENT TEAM • DEFERRED COMPENSATION BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OCEANA LAND USE CONFORMITY COMMITTEE • PARKS AND RECREATION COMMISSION • PUBLIC LIBRARY BOARD • VIRGINIA BEACH VA250 COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 3, 2026. I. CITY COUNCIL'S BRIEFINGS - CITY COUNCIL CONFERENCE ROOM- A. GENERAL ASSEMBLY UPDATE 3:30 P.M. Brent McKenzie, Legislative Affairs Director II. CITY COUNCIL LIAISON REPORTS 4:15 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:30 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:45P.M. V. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 5:00 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V1. FORMAL SESSION - CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS— February 17, 2026 2. SPECIAL FORMAL SESSION — February 24, 2026 H. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION The Ramblers—American Youth Football (AYF) n I �fr 04 G� Z U i ! 4.' Y 'FS 0 Op OUR NAT"�ks RSOWHON WHEREAS: The Ramblers Youth Football Organization is a program that has become a cornerstone of youth development in Virginia Beach;and WHEREAS:The Ramblers officially became part ofAmerican Youth Football(AYF)in January 2019.Since that time, the organization has grown tremendously and now serves over 250 children,rangingfrom Baby Flag through 12U. The mission of the Ramblers has always been to provide structure, discipline, and positive mentorship, while keeping our youth active, engaged, and on the right path;and WHEREAS:The Ramblers organization was founded by Rodney White and his brother Richard Jameson,who named the team after their former school in Washington,DC,known as the Eastern Ramblers. What began as a vision rooted in brotherhood and community was later established here in Virginia Beach, where it continues to impact families across the City;and WHEREAS:Tragically,Mr.Richard Jameson passed away on July 21,2025.His legacy,dedication,and love for the youth lives on through the organization he helped build. In honor of his contributions, the 7U Division 2 Ramblers, consisting of 17 determined young athletes,dedicated their season to his memory;and WHEREAS:These young men traveled to Naples,Florida,where they fought with heart,discipline,and unity,finishing the season undefeated with a perfect 17-0 record and earning the title ofAYF National Champions.,This historic achievement marks the first national championship for Virginia Beach in over seven years, with the last occurring in 2018;and WHEREAS:The team was led by an exceptional coaching staffwho exemplified leadership both on and off the field: • Head Coach Louis Skinner • Coach Rontae Johnson • Coach Cornelius Johnson • Coach Cordale Norvell • Coach Osini Maxwell • Coach Raiquan McMiller WHEREAS:Throughout the season, this coaching staff helped guide the team to an incredible 383 total points,while instilling discipline,teamwork confidence, and accountability in each child;and WHEREAS.Beyond the wins and statistics, the Ramblers represent hope, resilience, and opportunity. Many of the athletes face challenging life circumstances,and this program provides them with mentorship,structure,and a positive outlet that reinforces the belief that there is more to life and that success is achievable through hard work and dedication. NOW, THEREFORE,BE IT RESOLVED:That the members of the City Council, both individually and collectively, extend their heartfelt congratulations and commendations to The Ramblers Youth Football Organization community for their outstanding dedication,sportsmanship,and success both on and off the field. Go Ramblers! Given by the Council of the City of Virginia Beach, Virginia the 3'day of March 2026 and present this Resolution duly signed by each Member the Vi Beach City Council. W- Co ncil Member Mic 4ael F.Berlucchi Couns# en er Stacy Cun zgsJ Council Member Barbara M.Henley O M Counci Memb D id Hutcheson Council Member I"Cash" ckson-Green Council Member Robert W. "Worth"Remick Council Member Dr.Amelia Ross-Hammond C u cil Member Jennifer V.Rouse Council Member Joashua F.Schulman Vice Mayor o emary Wilson Mayor Robert "Bobby"Dyer I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY—AGRICULTURAL PURPOSES Approximately 23 acres off New Bridge Road to Dawley Family Farms, LLC Approximately 69 acres off Indian River Road to Dawley Family Farms, LLC Approximately 457 acres off North Landing Road to Land of Promise Farms Partnership 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Centerville Turnpike Phase II Project CIP 100057 (2-409), 100451 (5-251) and 100452 (6-556) 3. ACQUISITION, BY AGREEMENT OR CONDEMNATION Lynnhaven River Basin Ecosystem Restoration Project Phase 2; Wetland Construction CIP 100263 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, March 3, 2026,at 6:00 p.m.in the Council Chamber, City Hall - Bldg. 1,at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed leasing of the following City- owned land for agricultural purposes: 1) Lease of approximately 23 acres located off New Bridge Road(GPIN: 2413-71-0580) to Dawley Family Farms,LLC. 2) Lease of approximately 69 acres located off Indian River Road(Portion of GPIN: 1493-21-8107) to Dawley Family Farms,LLC. 3) Lease of approximately 457 acres located off North Landing Road (GPINs: 1494-02-1476, 1494-03- 5237, 1494-13-7202, 1484-81- 2633, 14874-8 904a 1484-71- 2633, 1484748490 and 148494- 8243) to Land of Promise Farms Partnership. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call 711(Virginia Relay). Any questions concerning this matter should be directed to the Dept.of Public Works-Real Estate,2473 N.Landing Road, Bldg.23,Virginia Beach,VA 23456,(757) 385-4161,pwrealestat&@vbgov.com. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 3,2026. 2. Download WebEx and view the meeting at: https://vbgov.webex.com/`weblink/r e¢iste r/rc54ce396ca9ec264b7e4b 3f5a5207465 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Pilot-February 22,2026 t ry3v ♦" 4� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five Years with Dawley Family Farms LLC for 23+/- Acres of City-Owned Property Located at 3180 New Bridge Road PUBLIC HEARING: March 3, 2026 MEETING DATE: March 17, 2026 ■ Background: The City of Virginia Beach (the "City") owns property consisting of 45+/- acres, located at 3180 New Bridge Road (GPIN: 2413-71-0580) (the "City Property"). The City acquired the City Property by Deed in 2006 as a part of the City's Open Space Program. The City proposes to lease a portion of the City Property consisting of 23+/- acres for agricultural purposes (the "Premises"). Farming the Premises will maintain the drainage ditches and security of the area, alleviating the City's maintenance responsibilities. The City issued a Request for Proposals for the lease of the Premises and received one proposal from Dawley Family Farms LLC ("Dawley"). A review committee evaluated the proposal and recommends entering into a lease agreement with Dawley. Dawley has offered an annual rent of$2,300, along with payment of leasehold taxes. Dawley has leased the Premises since 2023. ■ Considerations: The lease term would be for one (1) year with four (4) one- year renewal options. The renewal options would be at the mutual agreement of both parties. ■ Public Information: The March 3, 2026 public hearing was advertised on February 22, 2026 in The Virginian-Pilot. Public notice was further provided via the normal City Council agenda process. ■ Alternatives: Change the terms of the proposed lease or deny leasing the Premises. ■ Recommendation: Approval. ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE YEARS WITH DAWLEY FAMILY FARMS LLC 4 FOR 23+/- ACRES OF CITY-OWNED PROPERTY 5 LOCATED AT 3180 NEW BRIDGE ROAD 6 7 WHEREAS, as part of the Open Space Site Acquisition Program, the City 8 of Virginia Beach (the "City") acquired land consisting of 45+/- acres, located at 9 3180 New Bridge Road (the "City Property"); 10 11 WHEREAS, the City issued a Request for Proposals for 23+/- acres of the 12 City Property (the "Premises") and received one submittal from Dawley Family 13 Farms LLC, a Virginia limited liability company ("Dawley"); 14 15 WHEREAS, a review committee evaluated the submittal and recommends 16 leasing the Premises to Dawley for a term of one (1) year, with four (4) one-year 17 renewal options; 18 19 WHEREAS, Dawley has agreed to pay the City rent in the amount of 20 $2,300.00 annually; and 21 22 WHEREAS, the Premises will be utilized as farm land and for no other 23 purpose; and 24 25 WHEREAS, continued farming of the Premises alleviates the City's 26 maintenance responsibilities and tends to maintain security of the Premises. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease agreement 32 between the City and Dawley Family Farms LLC for the Premises in accordance 33 with the Summary of Terms attached hereto as Exhibit A, and made a part 34 hereof, and such other terms and conditions or modifications as may be 35 acceptable to the City Manager and in a form deemed satisfactory by the City 36 Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 39 day of 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL A n 4tJFFICIENCY: qblid Works / Real Estat EfiOorAey 41 CA16278 1lvbgov.comldfs 1 lapplicationslcitylaw\cycom 32\wvNocs1d0171p05 4101 1 0781 4.doc R-1 February 18, 2026 EXHIBIT A SUMMARY OF TERMS LEASE FOR 23+/- ACRES OF CITY-OWNED PROPERTY LOCATED AT 3180 NEW BRIDGE ROAD AND COMMONLY KNOWN AS NEW BRIDGE FARM LESSOR: City of Virginia Beach (the "City") LESSEE: Dawley Family Farms LLC, a Virginia limited liability company PREMISES: 23+/- acres located at 3180 New Bridge Road (a portion of GPIN 2413-71-0580) TERM: One (1) year, with four (4) one-year renewal options RENT: $2,300 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes, and for no other purpose. • Maintain all equipment and improvements, if any, on the Premises in a safe, clean, and orderly condition. • Responsible for the maintenance and/or repair of the Premises arising out of Lessee's use of the Premises. • Maintain general liability insurance and pollution liability insurance in a minimum amount of$1,000,000 per occurrence. • Responsible for paying all personal property taxes and leasehold taxes, if applicable. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. • The renewal options would be at the mutual agreement of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 90 days' advance written notice. LOCATION MAP 3180 New Bridge Road (45+/- Total Acres) e k 4 � Premises: 23+/- Acres P Disclosure Statement W 0.1y of Virginia Btuch s Planning & Community Development r The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Dawley Family Farms, LLC Does the applicant have a representative? ❑ Yes W No • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? N Yes ❑ No • If yes, list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) W.Jason Dawley, Lindsay W. Dawley • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e Disclosure Statement W city of vtiginia Beach Planning &Community Development Known Interest bV Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-col lateral ization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes W No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes M No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes o No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement x Y3 City of V'bVi da Band: Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes © NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes M NO • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature W.Jason Dawley,Owner Print Name and Title 4/8/2022 Date Is the applicant also the owner of the subject property? ❑ Yes M NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date �/ �g / Signature o CJ Print Name Revised 11.09.2020 3 1 P a g e �+cy. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five Years with Dawley Family Farms LLC for 69+/- Acres of City-Owned Property Located at 2865 Indian River Road PUBLIC HEARING: March 3, 2026 MEETING DATE: March 17, 2026 ■ Background: As part of the ITA/RAA Acquisition Program, an element of the City of Virginia Beach's (the "City") 2005 BRAC Response Plan, the City acquired a 792-acre parcel of land located along Indian River Road (GPINs 1493-11-6571 and 1493-21-8107), formerly known as the Rock Church Parcel in 2011 (the "City Property"). The City Property is now known as North Landing Park. The City proposes to lease a portion of the City Property consisting of 69+/- acres for agricultural purposes (the "Premises"). Farming the Premises will maintain the drainage ditches and security of the area, alleviating the City's maintenance responsibilities. The City issued a Request for Proposals for the lease of the Premises and received one proposal from Dawley Family Farms LLC ("Dawley"). A review committee evaluated the proposal and recommends entering into a lease agreement with Dawley. Dawley has leased the Premises since 2012. ■ Considerations: Dawley has offered an annual rent of $5,500, along with payment of leasehold taxes. The lease term would be for one (1) year with four (4) one-year renewal options. The renewal options would be at the mutual agreement of both parties. ■ Public Information: The March 3, 2026 public hearing was advertised on February 22, 2026 in The Virginian-Pilot. Public notice was further provided via the normal City Council agenda process. ■ Revenue restriction: The City funded the acquisition of the City Property through a partnership with the Commonwealth of Virginia. Fifty percent (50%) of the proceeds from the lease of the Premises will be deposited for future appropriation in Capital Improvement Program budgets in CIP 100282, Oceana & ITA Conformity & Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. ■ Alternatives: Change the terms of the proposed lease or deny leasing the Premises. ■ Recommendation: Approval. ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estateo,�,- City Manager: P� I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE YEARS WITH DAWLEY FAMILY FARMS LLC 4 FOR 69+/- ACRES OF CITY-OWNED PROPERTY 5 LOCATED AT 2865 INDIAN RIVER ROAD 6 7 WHEREAS, as part of the ITA/RAA Acquisition Program, an element of 8 the City of Virginia Beach's (the "City") 2005 BRAC Response, in 2011 the City 9 acquired a 792-acre parcel of land located at 2865 Indian River Road (GPINs 10 1493-11-6571 and 1493-21-8107), now known as North Landing Park (the "City 11 Property"); 12 13 WHEREAS, the City issued a Request for Proposals for 69+/- acres of the 14 City Property (the "Premises") and received one submittal from Dawley Family 15 Farms LLC, a Virginia limited liability company ("Dawley"); 16 17 WHEREAS, a review committee evaluated the submittal and recommends 18 leasing the Premises to Dawley for a term of one (1) year, with four (4) one-year 19 renewal options; 20 21 WHEREAS, Dawley has agreed to pay the City rent in the amount of 22 $5,500.00 annually; 23 24 WHEREAS, the Premises will be utilized as farm land and for no other 25 purpose; and 26 27 WHEREAS, continued farming of the Premises would alleviate the City's 28 maintenance responsibilities and tends to maintain security of the Premises. 29 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 1. That the City Manager is hereby authorized to execute a lease 34 agreement between the City and Dawley Family Farms LLC for the Premises in 35 accordance with the Summary of Terms attached hereto as Exhibit A, and made 36 a part hereof, and such other terms and conditions or modifications as may be 37 acceptable to the City Manager and in a form deemed satisfactory by the City 38 Attorney. 39 40 2. That fifty percent (50%) of the proceeds from the lease of the 41 Premises will be deposited for future appropriation in Capital Improvement 42 Program budgets in CIP 100282, Oceana & ITA Conformity & Acquisition II, and 43 fifty percent (50%) will be deposited for future payment by the City Manager to 44 refund the Commonwealth's portion in accordance with the grant agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 46 day of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL. SUFFICIENCY: a ' Aa, P lic Works /Real Estate y for y APPROVED AS TO CONTENT: B idget an Management Services CA16747 llvbgov.comidfsllappiiCaUonslcityiar+kycon3321wpdoCsW018tpp6At0f 108190.doc R-1 February 18, 2026 EXHIBIT A SUMMARY OF TERMS LEASE FOR 69+/-ACRES OF CITY-OWNED PROPERTY LOCATED AT 2865 INDIAN RIVER ROAD AND COMMONLY KNOWN AS NORTH LANDING PARK LESSOR: City of Virginia Beach (the "City") LESSEE: Dawley Family Farms LLC, a Virginia limited liability company PREMISES: 69+/- Acres located at 2865 Indian River Road (portion of GPIN 1493-21-8107) TERM: One (1) year, with four (4) one-year renewal options RENT: $5,500 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes, and for no other purpose. • Maintain all equipment and improvements, if any, on the Premises in a safe, clean, and orderly condition. • Responsible for the maintenance and/or repair of the Premises arising out of Lessee's use of the Premises. • Maintain general liability insurance and pollution liability insurance in a minimum amount of$1,000,000 per occurrence. • Responsible for paying all personal property taxes and leasehold taxes, if applicable. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. • The renewal options would be at the mutual agreement of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 90 days' advance written notice. LOCATION MAP w a a 2865 Indian River Road A 792+/-Total Acres a Leased Premises (69+/- Acres) f w f¢� s a x x r Disclosure Statement W City of L uyWa Btl OA imr. low Planning & Community Development n The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Dawley Family Farms, LLC Does the applicant have a representative? ❑ Yes M No • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? © Yes ❑ No • If yes, list the names of all officers, directors, members,trustees,etc.below. (Attach a list if necessary) W.Jason Dawley, Lindsay W. Dawley • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e . isdosure Statement f'$y of 1 uginia�amh Flanning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-col lateral ization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement Cify(if Vilyinfa Beach Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or tnbe operated on the property? M Yes M No ° |f yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating ortobe operated nn the property? [] Yes M No * If yes,identify the firm and individual providing the service. O. is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated nn the property? [] Yes M No * |f yes,identify the firm and individual providing the service. Applicant Signature |certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. |understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board o,any public body or committee in connection with this application. Applicant Signature VV.]ason Daw|ey,Owner Print Name and Title 4/8/2OZZ Date |,the applicant also the owner of the subject property? [] Yes M No w |f yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of —75—te Signature Print Name RevisedI2.O9.202O 3 1 P age u � ti ro y1g� jt p CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five Years with Land of Promise Farms Partnership for 457+/- Acres of City-Owned Property Located on North Landing Road PUBLIC HEARING: March 3, 2026 MEETING DATE: March 17, 2026 ■ Background: As part of the ITA/RAA Acquisition Program, an element of the City of Virginia Beach's (the "City") 2005 BRAC Response Plan, the City acquired: (i) a 516+/- acre parcel of land located along North Landing Road (GPINs 1494-02-1476, 1494-03-5237, 1494-13-7202, 1484-81-7296, 1484-71- 9043 and 1484-71-2633), formerly the Brown Farm in 2011; (ii) an 18+/- acre parcel of land located along Landstown Road (GPIN: 1484-74-8490) formerly ARE in 2016; and (iii) a 68+/- acre parcel of land located near Landstown Road (GPIN: 1484-94-8243), formerly the Bell Farm, in 2015 (collectively, the "City Property"). The City proposes to lease a portion of the City Property consisting of 457+/- acres for agricultural purposes (the "Premises"). Farming the Premises will maintain the drainage ditches and security of the area, alleviating the City's maintenance responsibilities. The City issued a Request for Proposals for the lease of the Premises and received two proposals. A review committee evaluated the proposals and recommends entering into a lease agreement with Land of Promise Farms Partnership ("Land of Promise"). Land of Promise has leased the Premises since 2019. ■ Considerations: The lease term would be for five (5) years. Land of Promise has offered rent of $62,666.13 for the first year, with an annual escalation of two percent (2%) each year thereafter. Land of Promise will also be responsible for the payment of leasehold taxes. ■ Public Information: The March 3, 2026 public hearing was advertised on February 22, 2026 in The Virginian-Pilot. Public notice was further provided via the normal City Council agenda process. ■ Revenue restriction: The City funded the acquisition of the City Property through a partnership with the Commonwealth of Virginia. Fifty percent (50%) of the proceeds from the lease of the Premises will be deposited for future appropriation in Capital Improvement Program budgets in CIP 100282, Oceana & ITA Conformity & Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. s Alternatives: Change the terms of the proposed lease or deny leasing the Premises. ■ Recommendation: Approval. ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate � City 4-0 I AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR UP TO FIVE YEARS 3 WITH LAND OF PROMISE FARMS PARTNERSHIP 4 FOR 457+/- ACRES OF CITY-OWNED PROPERTY 5 LOCATED ON NORTH LANDING ROAD 6 7 8 WHEREAS, As part of the ITA/RAA Acquisition Program, an element of 9 the City of Virginia Beach's (the "City") 2005 BRAC Response Plan, the City 10 acquired: (i) a 516+/- acre parcel of land located along North Landing Road 11 (GPINs 1494-02-1476, 1494-03-5237, 1494-13-7202, 1484-81-7296, 1484-71- 12 9043 and 1484-71-2633), formerly the Brown Farm in 2011; (ii) an 18+/- acre 13 parcel of land located along Landstown Road (GPIN: 1484-74-8490) formerly 14 ARE in 2016; and (iii) a 68+/- acre parcel of land located near Landstown Road 15 (GPIN: 1484-94-8243), formerly the Bell Farm, in 2015 (collectively, the "City 16 Property"), 17 18 WHEREAS, the City issued a Request for Proposals for 457+/- acres of 19 the City Property (the "Premises") and received two submittals, 20 21 WHEREAS, a review committee evaluated the proposals and 22 recommends entering into a lease agreement with Land of Promise Farms 23 Partnership ("Land of Promise"); 24 25 WHEREAS, the term of the lease would be for five (5) years, and Land of 26 Promise has offered to pay rent in the amount of $62,666.13 for the first year, 27 with a two percent (2%) annual rent escalation for each year thereafter; 28 29 WHEREAS, continued farming of the Premises alleviates the City's 30 maintenance responsibilities and tends to maintain security of the Premises; and 31 32 WHEREAS, the Premises will be utilized as farm land and for no other 33 purpose. 34 35 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 36 CITY OF VIRGINIA BEACH, VIRGINIA: 37 38 1. That the City Manager is hereby authorized to execute a lease for 39 the term of five (5) year between Land of Promise and the City for the Premises, 40 in accordance with the Summary of Terms attached hereto as Exhibit A and 41 made a part hereof, and such other terms, conditions or modifications as may be 42 acceptable to the City Manager and in a form deemed satisfactory by the City 43 Attorney. 44 45 2. That fifty percent (50%) of the proceeds from the lease of the 46 Premises will be deposited for future appropriation in Capital Improvement 47 Program budgets in CIP 100282, Oceana & ITA Conformity & Acquisition II, and 48 fifty percent (60%) will be deposited for MUM payment by the City Manager to 49 refund the Commonwealth's portion in accordance with the grant agreement. 50 51 Adopted by the Council of the City of Virginia Peach, Virginia on the 52 day of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ubl Works / eal Estat ' A4�t�&y �If4 APPROVED AS TO CONTENT: Pitdget and anagement Services CA16280 11vbg ov.com`d!s 1la pplfco Uonskl tylawicycom321vrpdoCsid0101p05410110 8131.doc R-1 February 19, 2026 EXHIBIT A SUMMARY OF TERMS LEASE FOR 457+/- ACRES OF CITY-OWNED PROPERTY LOCATED ON NORTH LANDING ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: Land of Promise Farms Partnership PREMISES: 457+/- Acres located on North Landing Road Road (all or part of GPINs 1494-02-1476, 1494-03-5237, 1494-13-7202, 1484-81-7296, 1484-71-9043, 1484-71-2633, 1484-74-8490 and 1484-94-8243) TERM: Five (5) years RENT: $62,666.13 for the first year, with an annual escalation of two percent (2%) each year thereafter. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes and for no other purpose. • Maintain the Premises, ditches and existing farm paths and maintain the security of the area to deter illegal dumping. • Responsible for the maintenance and/or repair of the Premises arising out of Lessee's use of the Premises. • Maintain commercial general liability insurance and pollution liability insurance in a minimum amount of $1,000,000 per occurrence. • Responsible for paying all personal property taxes and leasehold taxes, if applicable. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. TERMINATION: • City may terminate the Lease for any reason by giving 90 days' advance written notice. LOCATION MAP s M t ' 1 rs�I r t 1_ 1494-02-1476 6. 1484-71-2633 2. 1494-03-S237 7. 1484-74-4849 3. 1494-13-7202 8. 1484-94-8243 4. 1484-81-7296"AREA IN BLUE NOT PART OF LEASE" S_ 1484-71-9403 CITY ' , • VB I BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. APPLICANTSECTION 1 : DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Land of Promise Farms Partnership Is Applicant also the Owner of the subject property? Yes® No(D If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yese Noo If yes, name Representative: R. Edward Bourdon, Jr., Esq. Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? YeseNoo If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Donald H. Horsley, Manager; Diane F. Horsley, Manager; D. Shane Horsley, Member; B. Ryan Horsley, Member Does the subject property have a proposed or pending purchaser? YesU No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in he subject land or any oproposed development contingent on the subject public action? Yes No@ If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and or individual Financing (mortgage, deeds of trust, cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. M ay-2024 page 1 of 3 SECTION APPLICANT • -d SERVICE YES NO SERVICE PROVIDER Name entity and or individual Accounting/Tax Return Preparation © Rossie Brok,Barnes, Brock,Cornwell&Painter, PLC Architect/Designer/Landscape 0 O Architect/Land Planner Construction Contractor Engineer/Surveyor/Agent Legal Services Q 0 R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. APPLICANT CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Donald H. Horsley, Manager rJ r /D- j- Z. S` Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. FOR CITY USE ONLY: No changes as of (date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application City of Virginia Beach Is the Owner a corporation, partnership,firm, business, trust,or unincorporated business? Yes( No0 If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso NoQ If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No If yes, name the official or employee, and describe the nature of their interest. F_ PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether-the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, O 0 cross-col late raIization, etc.) Real Estate Broker/Agent/Realtor 0 1 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape 0 0 Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement i rev. M a y-2024 page 3 of 3 PUBLIC HEARING ACQUISITION BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, March 3, 2026 at 6:00 p.m.,in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center, Virginia Beach,Virginia,on the proposed acquisition by agreement or condemnation of property and easements necessary for the Centerville Turnpike Phase II Project, CIP 100057(2-409),100451(5.251),100452 (6-556)(the"Project").The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary, for the Project for areas not previously authorized. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Public Works/Office Real Estate, Building #23, 2473 North Landing Road, at the Virginia Beach Municipal Center,(757)385- 4161. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 3,2026. 2. Download WebEx and view the meeting at: httos://vbgov.webex.com/weblink/r e9ister/rc54ce396ca 9ec264b7e4b 3f5a5207465 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Pilot-February 22,2026 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Centerville Turnpike Phase II Project, CIP 100057 (formerly CIP 2-409), 100451 (formerly CIP 5-251), 100452 (formerly CIP 6-556), and the acquisition of temporary and permanent easements, either by agreement or condemnation, reflecting areas changed since previous authority was granted PUBLIC HEARING DATE: March 3, 2026 MEETING DATE: March 17, 2026 ■ Background: On February 6, 2024, Council adopted an Ordinance (ORD- 3761AA) (the "2024 Ordinance") approving the major design features and authorizing the acquisition of property and easements by agreement or condemnation for the Centerville Turnpike Phase II Project, CIP 100057 (formerly CIP 2-409), 100451 (formerly CIP 5- 251), 100452 (formerly CIP 6-556) (the "Project"). Since the 2024 Ordinance was adopted, Public Works has made various design changes to the Project along Centerville Turnpike including: changes to access to Centerville Turnpike, relocation of public and private utilities, and sizes of property interests and easements being acquired for the Project. The plats and plans for the Project have been amended to include the revised areas. ■ Considerations: The Project will require property and easements from 50 privately owned parcels and approximately 9 City-owned parcels. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. ■ Public Information: A Citizen's Information meeting was held on January 22, 2015. A public hearing will be on March 3, 2026, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which will delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance, 2024 Ordinance, and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:' l r 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE CENTERVILLE TURNPIKE PHASE II 4 PROJECT, CIP 100057 (FORMERLY CIP 2- 5 406), 100451 (FORMERLY CIP 2-251), 100452 6 (FORMERLY CIP 6-556), AND THE 7 ACQUISITION OF TEMPORARY AND 8 PERMANENT EASEMENTS, EITHER BY 9 AGREEMENT OR CONDEMNATION, 10 REFLECTING AREAS CHANGED SINCE 11 PREVIOUS AUTHORITY WAS GRANTED 12 13 WHEREAS, the Centerville Turnpike Phase II Project, CIP 100057 (formerly CIP 2- 14 409), 100451 (formerly CIP 2-251), and 100452 (formerly CIP 6-556), includes widening of 15 Centerville Turnpike from its current two-lane configuration to a four-lane divided highway 16 for enhanced safety and increased capacity. The existing two-lane road carries 17 approximately 19,078 vehicles per day and has a projected volume of 36,000 in 2040, 18 19 WHEREAS, on February 6, 2024, City Council adopted Ordinance 3761AA (the 20 "2024 Ordinance") authorizing the acquisition of property and easements by agreement or 21 condemnation for the Project, 22 23 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 24 public necessity exists for the construction of this important roadway project to improve 25 transportation, public utilities and stormwater within the City and for other related public 26 uses for the preservation of the safety, health, peace, good order, comfort, convenience, 27 and for the welfare of the people in the City of Virginia Beach; 28 29 WHEREAS due to Project design changes, it is necessary to amend the City 30 Council authorization to acquire property and easements either by agreement or 31 condemnation to reflect the updates to the plats and plans since the 2024 Ordinance was 32 adopted; and 33 34 WHEREAS, the major design features of the Project as previously approved have 35 not changed. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 Section 1. That the City Council authorizes the acquisition by purchase or 41 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 42 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 43 simple, including temporary and permanent easements and entire tracts upon which such 44 rights of way or easements shall be located within the limitations and conditions of Section 45 33.2-1007 of the Code of Virginia 1950, as amended (the "Property"), as shown on the 46 plans entitled "CENTERVILLE TURNPIKE PHASE 11 CIP 100057 (2-409), 100451 (5-251), 47 100452 (6-556) PWCN 11-0212 FROM: KEMPSVILLE ROAD TO: INDIAN RIVER ROAD 48 JANUARY 19, 2026 0000-134-770" (the"Project"), and more specifically described on the 49 acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the 50 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 51 Beach, Virginia, 52 53 Section 2. That the City Manager is hereby authorized to make or cause to be made 54 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 55 offer to the owners or persons having an interest in said Property. If refused, the City 56 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 57 condemn said Property. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 60 12026. CA16731 PREPARED: 2/19/26 R-1 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY o � _ PUBLIC WOR S REAL E TATE CITY ATTORNEY t AA 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE CENTERVILLE TURNPIKE PHASE II 4 PROJECT, CIP 100057 (FORMERLY CIP 2- 5 406), 100451 (FORMERLY CIP 2-251), 100452 6 (FORMERLY CIP 6-556), AND THE 7 ACQUISITION OF TEMPORARY AND 8 PERMANENT EASEMENTS, BY AGREEMENT 9 OR CONDEMNATION to 11 WHEREAS, the Centerville Turnpike Phase II Project, CIP 100057(formerly CIP 2- 12 409) includes widening of Centerville Turnpike from its current two-lane configuration to a 13 four-lane divided highway for enhanced safety and increased capacity.The current existing 14 two-lane road carries 19,078 vehicles per day and has a projected volume of 36,000 in 15 2040; and 16 17 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 18 public necessity exists for the construction of this important roadway project to improve 19 transportation, public utilities and stormwater within the City and for other related public 20 purposes for the preservation of the safety, health, peace, good order, comfort, 21 convenience, and for the welfare of the people in the City of Virginia Beach. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 Section 1. That the City Council authorizes the acquisition by purchase or 27 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seg., and 28 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 29 simple, including temporary and permanent easements and entire tracts upon which such 30 rights of way or easements shall be located within the limitations and conditions of Section 31 33.2-1007 of the Code of Virginia 1950, as amended (the "Property"), as shown on the 32 plans entitled "CENTERVILLE TURNPIKE PHASE II CIP 100057 (FORMERLY CIP 2- 33 409), 100451 (5-251), 100452 (6-556) PWCN 11-0212 FROM: KEMPSVILLE ROAD TO: 34 INDIAN RIVER ROAD" (the "Project"), and more specifically described on the acquisition 35 plats for the Project (plats and plans collectively referred to as the"Plans"),the Plans being 36 on file in the Engineering Division, Department of Public Works, City of Virginia Beach, 37 Virginia. 38 39 Section 2. That the City Manager is hereby authorized to make or cause to be made 40 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 41 offer to the owners or persons having an interest in said Property. If refused, the City 42 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 43 condemn said Property. 44 45 _ Adopted by the Council of the City of Virginia Beach, Virginia, on the (9 day of 46 �'Q� 2024. CA 16254 PREPARED: 12/5/23 R-1 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY P BLIC WOR S REAL ESTATE CITY ATTORNEY I ����u srM tr�J'7i i j ♦# • •i.�'R; * ►` v Pug 3 � l���4►#��►y_. '✓Irk r. • �+�` �,q'i a`,tti r �M»»'y • r ►min.. i�t�r-t! Y•, E`rr t(.S�t1♦ Mj�'t~ • ► ► ; ��r^"t�•1/ti �2/✓�7t�r Izi►t ' #i,a ��r� t ► 1 I t • f ♦ I M ♦*� •*♦� � � !'4 ♦♦'i�`��� Dili! '!`a•'••, • ` `:�,, ai :.'-: is � � i r` v•'s r11�rw.. ►. 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'� � ttt►�t�f �N� :r s 1eF A*�� A.1R�a�*r,3RR�r.'� lci�''s,•:jfl ti'�>♦ yS`n tN�16t���iw C, tit�ai s:+�,r ti/11 �t ;�•"''� its �i►'*J�'"..•.'�7/riC Iw:1 i C^ii► "M�} A ��.��r.,, V� �t�sl lam• {tl titll s r.,,r A ` e 1; tL y f7a ra�t'r6'l�il !r•a!+. ax:t1 [+t'f•ri 1ri•.a uC�� ri .M r7 Ii•�'+�1, PUBLIC HEARING ACQUISITION,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, March 3, 2026 at 6:00 p.m. in the City Hall Building (Building #1) at the Municipal Center, Virginia Beach, Virginia, on the proposed acquisition,by agreement or condemnation, of property and easements necessary for Lynnhaven River Basin Ecosystem Restoration Project Phase 2: Wetland Construction, CIP 100263(the "Project"). The purpose of this hearing will be to obtain public Input regarding authorizing condemnation,if necessary,for the Project for areas not previously authorized. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired,call 1-800-828-1120(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate,Building#23,2473 North Landing Road, at the Virginia Beach Municipal Center,(757)385-4161. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on March 3,2026. 2. Download WebEx and view the meeting at: httos:/Jvbgov.webex.com/weblink/r e9ister/rc54ce396ca9ec264b7e4b 3f5a5207465 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Pilot-February 22,2026 �u B� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of property in fee simple for the Lynnhaven River Basin Ecosystem Restoration Project Phase 2: Wetland Construction, CIP 100263, and the acquisition of temporary and permanent easements, either by agreement or condemnation, reflecting areas changed since previous authority was granted PUBLIC HEARING DATE: March 3, 2026 MEETING DATE: March 17, 2026 ■ Background: On November 19, 2024, Council adopted Ordinance 3789Q (the "2024 Ordinance") approving the major design features and authorizing the acquisition of property and easements by agreement or condemnation for the Lynnhaven River Basin Ecosystem Restoration Project Phase 2: Wetland Construction, CIP 100263 (the "Phase 2 Wetlands Project"). The purpose of the Lynnhaven River Basin Ecosystem Restoration Project (the "LRBER Project") is to help meet the restoration goals of the 2014 Chesapeake Bay Watershed Agreement, signed by the Chesapeake Executive Council, made up of the governors of Virginia and the 5 other watershed states, the Mayor of the District of Columbia and others. These restoration goals include the improvement of water quality, sustainable fisheries, healthy watersheds, and climate resiliency. All phases of the LRBER Project will restore approximately 38 acres of wetlands, 94 acres of submerged aquatic vegetation, and 31 acres of reef habitat within the Lynnhaven River and its tributaries. The LRBER Project is a United States Army Corps of Engineers ("USACE") project, with the City of Virginia Beach serving as the non-federal sponsor. The City is a cost-participant (35%) and is responsible for acquisition of all real estate interests needed to complete the LRBER Project, pursuant to a Project Partnership Agreement entered into with USACE in 2018. The Phase 2 Wetlands Project will restore 12.4 acres of tidal wetlands in Mill Dam Creek (also known as Wilkins Creek) located between 1-264 and Virginia Beach Boulevard, just west of Birdneck Road. Phase 1 of the LRBER Project's wetlands restoration was completed in Thalia Creek adjacent to Princess Anne High School in Virginia Beach in 2022. The Phase 2 Wetlands Project will focus primarily on the restoration of tidal wetlands through the removal of invasive plant species (particularly Phragmites), which will bring back quality wetlands that will help to clean and store stormwater runoff before entering the waterway. Invasive plants prevent the proper functioning of the marsh. When properly functioning, these wetlands filter pollutants, stabilize the banks, absorb stormwater and become an important buffer between the water and shore. Improved water quality and improved resiliency in the watershed are just some of the benefits of wetlands restoration. The Phase 2 Wetlands Project will improve the environmental health of the Lynnhaven River and the overall water quality for all users of the waterway. Since the 2024 Ordinance was adopted, USACE has made three design changes to the Phase 2 Wetlands Project to include: (1) the addition of accreted land outside of the platted property boundaries, which was not included some of on the acquisition plats, (2) the easements the City planned to acquire would render one parcel as an uneconomic remnant, which parcel is now included as a total acquisition in fee simple at the request of the property owner, and (3)two privately owned parcels were removed from the project. The plats and plans for the Phase 2 Wetlands Project have been amended to reflect these revisions. ■ Considerations: The Phase 2 Wetlands Project will require property and easements from 7 privately owned parcels. Of these, one has not been acquired. No residences or businesses will be displaced by the project. Authority is requested to acquire the necessary property and easements by agreement or condemnation. ■ Public Information: An advertised public hearing will be held on March 3, 2026, and public notice will be provided via the normal Council agenda process. A previous hearing on the Project was held on November 12, 2024, prior to the adoption of the 2024 Ordinance. ■ Alternatives: Deny the Ordinance, which will delay the Phase 2 Wetlands Project. ■ Recommendations: Approval. ■ Attachments: Ordinance, Ordinance 3789Q, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 4V 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE LYNNHAVEN RIVER BASIN 4 ECOSYSTEM RESTORATION PROJECT 5 PHASE 2: WETLAND CONSTRUCTION, CIP 6 100263, AND THE ACQUISITION OF 7 TEMPORARY AND PERMANENT 8 EASEMENTS, EITHER BY AGREEMENT OR 9 CONDEMNATION, REFLECTING AREAS 10 CHANGED SINCE PREVIOUS AUTHORITY 11 WAS GRANTED 12 13 WHEREAS, the Lynnhaven River Basin Ecosystem Restoration Project is a multi- 14 phase project that will restore approximately 38 acres of tidal wetlands, 94 acres of 15 submerged aquatic vegetation, and 31 acres of reef habitatwithin the Lynnhaven River(the 16 "LRBER Project"); 17 18 WHEREAS, the LRBER Project's second phase of wetlands restoration (the"Phase 19 2 Wetlands Project") will restore approximately 12.4 acres of wetlands in Mill Dam Creek 20 (also known as Wilkins Creek) located between I-264 and Virginia Beach Boulevard, just 21 west of Birdneck Road; 22 23 WHEREAS, on November 19, 2024, City Council adopted Ordinance 3789Q 24 approving the major design features and authorizing the acquisition of temporary and 25 permanent easements by agreement or condemnation for the Phase 2 Wetlands Project; 26 27 WHEREAS, the Phase 2 Wetlands Project will focus primarily on the removal of 28 invasive plant species, particularly Phragmites(also known as PhragmitesAustralis),which 29 prevent the proper functioning of the marsh by reducing wetland storage capacity, 30 weakening banks, inhibiting the flow of water and eliminating tidal flushing; 31 32 WHEREAS, properly functioning wetlands are natural protective features that filter 33 pollutants from stormwater runoff, stabilize the banks to prevent erosion, absorb and hold 34 up to 1.5 million gallons of water per acre during storm events, act as a carbon sponge to 35 reduce CO2, and become an important buffer between the water and shore; 36 37 WHEREAS, improved water quality and improved resiliency in the watershed are 38 just some of the benefits of wetlands restoration, and the Phase 2 Wetlands Project will 39 enhance the environmental health of the Lynnhaven River, provide improvements in the 40 City's drainage and flood protection systems, as well as improve the overall water quality 41 for all beneficial users of the area's water supply, including recreation,tourism, aquaculture, 42 industrial, commercial and recreation fishing, among all the many uses that are enhanced 43 by cleaner water in the Lynnhaven River; 44 45 WHEREAS, the United States Army Corps of Engineers is constructing all phases of 46 the LRBER Project, with the City of Virginia Beach cost-participating (35%) and serving as 47 the non-federal sponsor, pursuant to their Project Partnership Agreement entered into 48 September 21, 2018 (the "Partnership Agreement"); 49 50 WHEREAS, the Partnership Agreement requires the City to acquire all property and 51 easements necessary for the LRBER Project, including the Phase 2 Wetlands Project; 52 53 WHEREAS, the construction of the LRBER Project is authorized by(1) Section 7002 54 of the Water Resources Reform and Development Act of 2014 (Public Law 113-121),which 55 followed the study entitled: "Final Feasibility Report and Integrated Environmental 56 Assessment Main Report Lynnhaven River Basin Ecosystem Restoration Virginia Beach 57 Virginia,"dated July 2013 and modified February 2014, which was authorized by Congress; 58 and (2) Executive Order 13508 of May 12, 2009, entitled Chesapeake Bay Protection and 59 Restoration, both of which are incorporated herein by this reference; 60 61 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 62 public necessity exists for the construction of this important Phase 2 Wetlands Project to 63 restore wetlands for improved water quality, environmental benefits, climate resiliency, 64 shore protection, drainage system benefits, and flood mitigation to improve public health 65 and safety within the City and for other related public purposes for the preservation of the 66 safety, health, peace, good order, comfort, convenience, and for the welfare of the people 67 in the City of Virginia Beach; 68 69 WHEREAS, due to Project design changes, it is necessary to amend the City 70 Council's authorization to acquire property in fee simple and temporary and permanent 71 easements either by agreement or condemnation to reflect the updates to the plats and 72 plans since Ordinance 3789Q was adopted; and 73 74 WHEREAS, except for the elimination of two parcels, the major design features of 75 the Project previously approved have not changed. 76 77 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 78 VIRGINIA BEACH, VIRGINIA: 79 80 Section 1. That the City Council authorizes the acquisition by purchase or 81 condemnation pursuant to Section 15.2-1901, et seq., Section 1-219.1, and Title 25.1 of the 82 Code of Virginia of 1950, as amended, of all that certain property in fee simple, including 83 temporary and permanent easements and entire tracts if the remaining lands would be an 84 uneconomic remnant, in accordance with the requirements of State law(the"Property"), as 85 shown on the Phase 2 Wetlands Project plans entitled "VIRGINIA BEACH, VA 86 LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT PHASE 2: 87 WETLAND CONSTRUCTION,"and more specifically described on the acquisition plats for 88 the Project (plats and plans collectively referred to as the "Plans"), the Plans being on file 89 in the Stormwater Engineering Division, Department of Public Works, City of Virginia 90 Beach, Virginia. 91 92 Section 2. That the City Manager is hereby authorized to make or cause to be made 93 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 94 offer to the owners or persons having an interest in said Property. If refused, if the property 95 owners are unable to convey clear title, or if the owners cannot be identified or located, the 96 City Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings 97 to condemn to acquire title to the Property. 98 99 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 100 , 2026. CA16745 PREPARED: 1/09/26 R-1 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM �UBILIC W K— REAL ESTATE CITY ATTORNEY 7 - 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR THE 4 LYNNHAVEN RIVER BASIN ECOSYSTEM 5 RESTORATION PROJECT PHASE 2: 6 WETLAND CONSTRUCTION, CIP 100263, 7 EITHER BY AGREEMENT OR s CONDEMNATION 9 10 WHEREAS, the Lynnhaven River Basin Ecosystem Restoration Project is a multi- 11 phase project that will restore approximately 38 acres of tidal wetlands, 94 acres of 12 submerged aquatic vegetation, and 31 acres of reef habitat within the Lynnhaven River(the 13 "LRBER Project"); 14 15 WHEREAS, the LRBER Project's second phase of wetlands restoration(the"Phase 16 2 Wetlands Project")will restore approximately 21.8 acres of wetlands in Mill Dam Creek 17 (also known as Wilkins Creek) located between 1-264 and Virginia Beach Boulevard,just is west of Birdneck Road; 19 20 WHEREAS, the Phase 2 Wetlands Project will focus primarily on the removal of 21 invasive plant species, particularly Phragmites(also known as Phragmites Australis),which 22 prevent the proper functioning of the marsh by reducing wetland storage capacity, 23 weakening banks, inhibiting the flow of water and eliminating tidal flushing; 24 25 WHEREAS, properly functioning wetlands are natural protective features that filter 26 pollutants from stormwater runoff, stabilize the banks to prevent erosion, absorb and hold 27 up to 1.5 million gallons of water per acre during storm events, act as a carbon sponge to 28 reduce CO2, and become an important buffer between the water and shore; 29 30 WHEREAS, improved water quality and improved resiliency in the watershed are 31 just some of the benefits of wetlands restoration, and the Phase 2 Wetlands Project will 32 enhance the environmental health of the Lynnhaven River, provide improvements in the 33 City's drainage and flood protection systems, as well as improve the overall water quality 34 for all beneficial users of the area's water supply, including recreation,tourism,aquaculture, 35 industrial, commercial and recreation fishing, among all the many uses that are enhanced 36 by cleaner water in the Lynnhaven River; 37 38 WHEREAS, the United States Army Corps of Engineers is constructing all phases of 39 the LRBER Project, with the City of Virginia Beach cost-participating (35%)and serving as 40 the non-federal sponsor, pursuant to their Project Partnership Agreement entered into 41 September 21, 2018 (the "Partnership Agreement"); 42 43 WHEREAS, the Partnership Agreement requires the City to acquire all property and 44 easements necessary for the LRBER Project, including the Phase 2 Wetlands Project; 45 46 WHEREAS,the construction of the LRBER Project is authorized by Section 7002 47 of the Water Resources Reform and Development Act of 2014(Public Law 113-121),which 48 followed the study entitled: "Final Feasibility Report and Integrated Environmental 49 Assessment Main Report Lynnhaven River Basin Ecosystem Restoration Virginia Beach 50 Virginia,"dated July 2013 and modified February 2014,which was authorized by Congress; 51 and (2) Executive Order 13508 of May 12, 2009, entitled Chesapeake Bay Protection and 52 Restoration, both of which are incorporated herein by this reference; and 53 54 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 55 public necessity exists for the construction of this important Phase 2 Wetlands Project to 56 restore wetlands for improved water quality, environmental benefits, climate resiliency, 57 shore protection, drainage system benefits, and flood mitigation to improve public health 58 and safety within the City and for other related public purposes for the preservation of the 59 safety, health, peace,good order, comfort, convenience, and for the welfare of the people 60 in the City of Virginia Beach. 61 62 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 63 VIRGINIA BEACH, VIRGINIA: 64 65 Section 1. That the City Council authorizes the acquisition by purchase or 66 condemnation pursuant to Sections 15.2-1901, et seq., 15.2-2109, and Title 25.1 of the 67 Code of Virginia of 1950, as amended, of all those certain temporary and permanent 68 easements (the "Property"), as shown on the Phase 2 Wetlands Project plans entitled 69 "VIRGINIA BEACH, VA LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION 70 PROJECT PHASE 2: WETLAND CONSTRUCTION," and more specifically described on 71 the acquisition plats for the Project (plats and plans collectively referred to as the"Plans"), 72 the Plans being on file in the Stormwater Engineering Division, Department of Public 73 Works, City of Virginia Beach, Virginia. 74 75 Section 2. That the City Manager is hereby authorized to make or cause to be made 76 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 77 offer to the owners or persons having an interest in said Property. if refused, if the property 78 owners are unable to convey clear title,or if the owners cannot be identified or located,the 79 City Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings 80 to condemn to acquire title to the Property. 81 82 Adopted by the Council of the City of Virginia Beach, Virginia,on the 10ro day of 83 h`�iJytl t) , 2024. CAI 6579 PREPARED: 10/4/24 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d001\p046\00996305.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM B IC WO - R AL ESTATE CITY ATTO N� OL0 1RG_INtA PIPE �E BEACy 64 0CFAN T LN *` RS ""'"' z � ._ O R S . o .: Z U) > d LL p i E . QRDON R1CUg Avg WALK ARL•YNN .. W Q Q!n W U a`r. - :. qr- t t y r• .. .� �H� CARVERJAVE� i v�RcrN�A BEq y LOCATION MAP Legend ok rr t-fj V! FOR LYNNHAVEN RIVER BASIN aQ ` ECOSYSTEM RESTORATION PROJECT PHASE 2 WETLAND CONSTRUCTION City Property , CIP100263 0 300 600 Project Area l I I Feet L)o U Ua LJ CE 264 AN TRACE :7RS CIRES W E s 64' VIR N1 .,--NORFOLK SITE O 0 MER/CUS'AVE GoRPON 0D C] WALK CJ a B x-- 0 0 > co 0 - '> 0 � z 108 OJ c) AR ONO'", VE A\�E' Cn cc-t u NON OQ .......... RG/N/A T-w- W-z BE'ACI l BLVD -Ja U) Cn E3 in,/)—_ul LOCATION MAP Legend FOR LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT PHASE 2 WETLAND CONSTRUCTION City Property CIP 100263 0 300 600 Project Area Feet J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Agreement with Lumos Telephone LLC re two (2) strands of Dark Fiber in the City's Communications Network 2. Ordinance to APPROVE and ADOPT a Revised City Council Policy re Council Member Sponsored Forums and Events (Requested by City Council) 3. Ordinance to AMEND City Code Section 2-3.1 re Boards and Commissions attendance policy (Requested by City Council) 4. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement (MOA) re the Hampton Roads Regional Groundwater Mitigation Program 5. Ordinance to ACCEPT and APPROPRIATE $720,472.93 from the Virginia Department of Emergency Management (VDEM) to the FY 2025-26 Emergency Communications and Citizen Services (ECCS) Operating Budget re 911 Infrastructure updates 6. Ordinance to ACCEPT and APPROPRIATE $5,250 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY 2025-26 Human Services Operating Budget re additional training opportunities 7. Ordinance to TRANSFER$725,981 from vacancy savings in the General Fund to the FY 2025-26 Voter Registration and Elections Operating Budget re Special Election on April 21, 2026 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Lease Agreement With Lumos Telephone LLC for Two Strands of Dark Fiber Located in the City's Communications Network PUBLIC HEARING: February 17, 2026 MEETING DATE: March 3, 2026 ■ Background: The City of Virginia Beach ("City") owns a fiber optic network for the purpose of providing communications capabilities to City government facilities ("City Network"). Certain bundles of fiber optic cable installed as part of the City Network are excess because they are not currently needed to meet the City's communications needs ("Available Fiber"). Lumos Telephone LLC ("Lumos") is a fiber optic network service provider that offers data, broadband, voice, and IP services in the mid-Atlantic region. The City's Information Technology Department received a request from Lumos to lease two strands of Available Fiber in the City Network. Lumos is currently expanding its communications capabilities in Hampton Roads and requested to connect to the City Network from a location near South Military Highway/Providence Road to Lumos's point of presence at Corporate Landing Parkway, covering approximately twenty (20) miles. ■ Considerations: The interest of the public, including the City's Economic Development goals, will be served by allowing Lumos to lease a portion of the Available Fiber, in accordance with the terms of a lease agreement. The proposed lease is for a six (6) month term ("Initial Term")with the option for up to nine (9)six(6) month renewals("Renewal Term(s)"), upon mutual written consent of both parties. Under the terms of the proposed lease, Lumos will pay the City $104,920.59 for the Initial Term, and an additional $103,734.00 per Renewal Term, if applicable. Lumos will apply for all necessary permits and will pay all associated costs to connect to the City Network. The proposed use of the City's Available Fiber by Lumos will not interfere with the City's continued use of the City Network. ■ Public Information: A public hearing was advertised on February 8, 2026, as required by Virginia Code §15.2-1800, with public notice via the normal City Council agenda process. The public hearing will be held on February 17, 2026. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, and Disclosure Form Recommended Action: Approval Submitting Depart ent/Agency: Information Technology City Manager: ft 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A LEASE 3 AGREEMENT WITH LUMOS TELEPHONE LLC 4 FOR TWO STRANDS OF DARK FIBER 5 LOCATED IN THE CITY'S COMMUNICATIONS 6 NETWORK 7 8 WHEREAS, the City of Virginia Beach ("City") owns a fiber optic network for the 9 purpose of providing communications capabilities to City government facilities ("City 10 Network"); 11 12 WHEREAS, certain bundles of fiber optic cable installed as part of the City 13 Network are excess because they are not currently needed to meet the City's 14 communications needs ("Available Fiber"); 15 16 WHEREAS, Lumos Telephone LLC ("Lumos") is a fiber optic network service 17 provider that offers data, broadband, voice, and IP services in the mid-Atlantic region; 18 19 WHEREAS, Lumos desires to expand its communications capabilities in 20 Hampton Roads; 21 22 WHEREAS, in the interest of efficiency, Lumos finds that it is prudent and 23 economical to lease fiber optic cable, specifically, two strands of dark fiber, from the City 24 rather than to construct additional facilities of its own; 25 26 WHEREAS, the City believes that the interest of the public, including the City's 27 economic development goals, will be served by allowing Lumos to execute a lease for 28 two strands of dark fiber, in accordance with the terms of a lease agreement; and 29 30 WHEREAS, the proposed use of the City's Available Fiber by Lumos would not 31 interfere with the City's use of the City Network. 32 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager is hereby authorized to execute a lease agreement 37 between Lumos and the City for a six (6) month term with the option for up to nine (9) 38 additional six (6) month renewals, upon mutual written agreement of the parties, for two 39 strands of dark fiber in the City Network, in accordance with the lease agreement and 40 such other terms, conditions and modifications as may be acceptable to the City 41 Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 14&12, 6t)a&a,-zX� [Llaybd Department of Information City Attorney's Office Technology CA17080 R-1 February 2, 2026 2 SUMMARY OF TERMS Dark Fiber Lease Agreement Between the City of Virginia Beach and Lumos Telephone LLC LESSOR: City of Virginia Beach ("City') LESSEE: Lumos Telephone LLC("Lumos") TERM: Six months("Initial Term")with the option to renew for up to nine (9)six(6) month renewal terms ("Renewal Term(s)"),upon mutual written agreement of the parties. LEASE FEE: Lumos will pay the City$104,920.59 for the Initial Term. Lumos will pay the City $103,734 for each Renewal Term, if applicable. Lumos to pay a one-time splicing fee of$1,186.59 PROPOSED USE: Lumos will connect its network infrastructure in Chesapeake with its network infrastructure in Virginia Beach GRANT OF LEASE: Lease for exclusive use of 2 strands of dark fiber and for nonexclusive use of each interconnection point OWNERSHIP: All components of network remain property of the City. Fiber is leased only as dark fiber. City not required to provide additional goods or services. NO EXCLUSIVITY: Nothing in lease limits City's right to use or lease to others permission to use any component of the City Network(other than specific fibers and interconnection points leased to Lumos). ACCESS TO CITY FACILITIES: City is not required to construct or install any facilities for Lumos. All work on City network(constructing, lashing and slicing) is to be performed by City.City has right to relocate City network. Lumos must obtain all required permits, approvals, consents and authorizations. Lumos required to construct any infrastructure required to connect to City network. TERMINATION: City can terminate for cause,with notice and cure period. City can also terminate for convenience,with written notice at least 60 days prior to termination date. LIABILITY: Lumos required to indemnify and hold City harmless. Neither party is liable to other party for indirect,consequential, special, incidental or punitive damages, or lost profits. INSURANCE: Lumos must provide City with certificates of insurance prior to commencing work. Required insurance includes Worker's Compensation,Commercial General Liability,Automotive Liability, and Professional Liability Insurance. Virginia Beach' APPLICANT'S NAME: LUMOS TELEPHONE LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Concord-Document ID:032MuatNn6hAYAGVVnHfUT CSfy of Virginia Beach ❑ Check here if the APPLICANT IS NOTa corporation, partnership,firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Lumos Telephone LLC If an LLC, list all member's names: Gridiron Fiber License, LLC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Applicant's parent: Gridiron Fiber License, LLC Applicant's affiliates: Lumos Telephone of Botetourt LLC; Lumos Media LLC; Lumos Fiber LLC; Lumos Telephone of Virginia LLC; R&B Telephone LLC; Gridiron Fiber LLC See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: City of Virginia Beach, Virginia If an LLC, list the member's Page 2 of 5 Concord-Document ID:032MuatNn6hAYAGVVnHfUT Virginia Beach' names:-------------------------------------------------------- ---------------------------------------------------------------------- If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means"a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Concord-Document ID:032MuatNn6hAYAGVVnHfUT i (Ity of' Virginia Beach YES FN O SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ Engineers / Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ M!j Legal Services Real Estate Brokers / Agents/Realtors for current and ❑ anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 Concord-Document ID:032MuatNn6hAYAGVVnHfUT a-; City of Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting 1/o��f any �_(p(ublic body or committee in connection with this Application. '"V" U-A Michael Crabb 2-5-26 Feb 5,2026,4:08 PM EST APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 Concord-Document ID:032MuatNn6hAYAGWnHfUT Record of Signing For michael.crabb@lumosfiber.com Name Michael Crabb Title VP OSP& ENG yqj, , C,,L� Signed on Feb 5, 2026 4:08 PM EST Secured by ConcordTI Documentl D:032MuatNn6hAYAGVVnHfUT Signing)D:032MuatN6nhXPQfVTKo6sS UTC Signing time:2026-02-05 21:08:21 UTC IP Address:64.4.111 A91 Email:michael.crabb@lumosfiber.com concord- Where agreements happen. Signed with https://www.concord.app/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving and Adopting a Revised Policy Pertaining to Councilmember-Sponsored Forums and Events MEETING DATE: March 3, 2026 ■ Background: In 2020, the City Council adopted a policy entitled, "Councilmember-Sponsored Forums and Events." The policy addresses expenditures related to forums and events sponsored by or requested by individual members of the City Council. The policy was amended in 2022 to address the use of staff support and other City resources to include social media posts and limits on paper copies of materials. The City Council discussed further refinements of this policy at its January retreat. The request follows therefrom. ■ Considerations: The proposed policy updates address the following topics: - Equitable distribution of City resources/Comms services offered for all events o Section 2.0.13 - Distinguish and limit the number of instances where staff support is provided for forums and event o Section 2.0.D. - Encourage dual town halls o Section 2.0.D - Clarification of department-sponsored events, including natural disaster and emergency response, as an exception to the limits upon councilmembers sponsoring meetings o Section 2.0.E - No staff support for events or forums 90 days before election sponsored by a candidate for federal, state, or local elections or where such candidate is a scheduled speaker at the event or the candidate is a named sponsor for the event o Details in Section 2.01 ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Ordinance, Exhibit A: Revised Policy Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 AN ORDINANCE APPROVING AND 2 ADOPTING A REVISED POLICY PERTAINING 3 TO COUNCILMEMBER-SPONSORED 4 FORUMS AND EVENTS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That the City Council hereby approves and adopts the revised policy entitled 10 "Councilmember-Sponsored Forums and Events," which is attached hereto as "Exhibit 11 A." Adopted by the City Council of Virginia Beach, Virginia on this day of , 2026. OVED AS TO LEGAL SUFFICIENCY: 14AIorney's Office CA17091 R-1 January 29, 2026 A$ �L Exhibit A City Council Policy Title: Councilmember-Sponsored Forums and Events Date of Adoption: January 7,2020 Date of Revision:April '°�22 Page 1 of 2 March 3,2026 1.0 Purpose and Need The purpose of this policy is to address expenditures and the use of City staff and resources related to forums and events sponsored or requested by individual members of the City Council. Although this policy discusses individual member sponsorship of events and forums, the coordination of two members is encouraged when the event or forum addresses an issue or issues that are of interest to the two districts. This policy also addresses staff time utilization during the 90 days immediately preceding the date of an election. 2.0 Policy A. Facility availability. Events and forums sponsored by individual members of the City Council provide valuable information to our residents and may also provide opportunities for the public to give councilmembers direct feedback about important matters that impact our citizens' lives and wellbeing. The City is fortunate to have a variety of City-owned buildings and facilities that can be used to host such gatherings without additional cost, and members of Council are encouraged to avail themselves of these venues. Members of Council may contact the City Manager's Office or the City Clerk to reserve space in a City facility and coordinate security. Noting in this policy shall limit the ability of a member to use a non-City venue that the member has secured and for which there is no facility rental or other fee to be paid by the City for the use of the venue. Any request for staff assistance, such as the provision of staff with subject matter expertise to attend the meetings shall follow the procedure and restrictions set forth in Section 2.0.D, infra. B. Outreach support applicable to all events and forums. For any event or forum sponsored by an individual member of the City Council, the City Communications Office will provide: i.event calendar listing on the City website; ii.email blast(notice to district civic leagues via Salesforce email platform and second email to civic leagues but also to subscribers in the district); iii.social media: district-specific postings to Nextdoor but also other managed social media platforms; iv.blog post on Virg iniaBeach.gov that has all the councilmember meetings/events for the month; and v.Comms creates a social post and flyer for members to use on their platforms. C. Procedure when event or forum incurs more than a nominal cost. If a member of Council seeks to hold an event at a venue for which a fee must be paid or to hold an event that will entail more than a nominal($50 or less)out-of-pocket expenditure, such as expenditures for catering or a speaker fee, then the member of Council shall first seek the approval of the City Council before incurring any such expense. Additionally, if a member of Council seeks City staff support in promoting the event that exceeds the outreach support set forth in Section 2.0.13, supra, then the member of Council shall first seek the approval of the City Council of the full scope of services for which the member seeks City staff support. If this section requires City Council approval, including, if Title: Councilmember-Sponsored Forums and Events Date of Adoption: January 7,2020 Date of Revision: ^^Fill 19,2022 Page 2 of 2 March 3,2026 applicable, the appropriation of funds, such approval shall be by formal action of the City Council. D. Staff support for certain events and forums. For not more than four times a calendar year, an individual member of the City Council may request City staff support for an event or forum. The request for staff support shall be made to the City Manager and subject to the availability of the staff with expertise in the relevant matter. For such events, the staff member(s) may provide information or logistical support or both. The staff support may include editing and printing up to 500 total pages of printed materials, provided that the documents were either developed by the councilmember or are copies of previously existing records. For purposes of this section, staff support does not include the time or effort of the member's legislative aide or the use of audio visual equipment already located in the City facility. For purposes of calculating the four meeting limit in this section, a meeting co-sponsored by two members would count as half a meeting for each co-sponsor. This subsection does not limit the ability of a member to use a City facility as provided in Section 2.0.A., supra. E. Departmental-sponsored events. Individual City departments hold events with the community from time to time. Such events include, without limitation, briefings on capital projects, updates after natural disasters or other responses to emergencies, and other matters of concern to the community. Subject to FOIA requirements, the attendance of one or more members at such meetings provides positive opportunities for interaction with the community. Such meetings are not council- member sponsored events or forums and are not limited by this policy. F. 90 Day Period prior to elections. No City staff support shall be provided for events sponsored by a candidate for federal, state, or local elections or where such candidate is a scheduled speaker at the event or the candidate is a named sponsor for the event within 90 days of the election date. This limitation shall apply to all primary, special, and general elections, and the reference date is the date of the election, not the date of the start of early voting. This policy does not limit the use of facilities subject to the normal and customary rules for the rental of rooms at City facilities, such as public libraries and recreation centers. G. Security Coordination. Nothing in this policy prevents the City Manager from providing security for a town hall meeting if the circumstances warrant doing so or if another policy requires it. H. The Freedom of Information Act. If the member of Council seeking to hold an event reasonably believes that more than two members of the Council will be in attendance, the member shall notify the Freedom of Information Office and the City Clerk to allow appropriate meeting notification and recordation of minutes F�syN'��ti/r.l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 2-3.1 Pertaining to Boards and Commissions Generally MEETING DATE: March 3, 2026 ■ Background: City Code § 2-3.1 sets forth the attendance policy for members of City Council-appointed boards and commissions. Currently, the section provides that a member may not accumulate more than three unexcused absences in a calendar year. Absences are excused for personal illness, the illness or death of a relative, "or other circumstances beyond the member's control." ■ Considerations: This ordinance simplifies the attendance policy by removing the distinction between excused and unexcused absences and instead provides that a member shall not be absent from more than half of the total number of meetings held by the board or commission within a calendar year. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Ordinance. Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 2-3.1 PERTAINING TO BOARDS AND 3 COMMISSIONS GENERALLY 4 5 SECTION AMENDED: § 2-3.1 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That Section 2-3.1 of the Code of the City of Virginia Beach, Virginia, is hereby 9 amended and reordained to read as follows: 10 Sec. 2-3.1. Boards and commissions generally. 11 (a) Except as otherwise provided by law, attendance records shall be kept at each 12 meeting of every board and commission of the city, or other council-appointed 13 agency, which records shall be provided to the city council through the city clerk's 14 office at least forty-five (45) days prior to the scheduled term expiration date for the 15 members of each such board, commission or agency. No member of any such board, 16 commission or agency shall aGGUFnulate an annual total of mere than three (3) 17 ahceRGec nr for beards that moot more than four time per nalendar year be absent , , 18 from more than half one-fourth of the total number of meetings held by such board, 19 commission or agency within a given calendar year, for reasons other than personal 20 ' 21 seetFel. If this limitation is exceeded, the chairperson of such board, commission or 22 agency shall forthwith report to the city clerk the name of the member whose 23 uneXGused -absences exceed the number allowed herein. The city clerk shall then 24 notify such member in writing, with a copy of such notification to the members of the 25 city council, that due to une�T, XGUsea-absences in excess of the number allowed herein, 26 his or her term of membership on the board, commission or agency has terminated. 27 (b) Notwithstanding the provisions of subsection (a), and except as otherwise provided 28 by law, all members of boards and commissions of the city, and other council- 29 appointed agencies, shall serve at the pleasure of the city council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2026. APPROVED AS TO LEGAL SUFFICIENCY: 11r" K"_ City Attorney's Offic CA17101 R-1 February 17, 2026 �,Nu act r 9� �L. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute on Behalf of the City of Virginia Beach a Memorandum of Agreement Pertaining to the Hampton Roads Regional Groundwater Mitigation Program MEETING DATE: March 3, 2026 ■ Background: Virginia Beach, along with other jurisdictions in Hampton Roads, has participated in a regional groundwater mitigation program since 1994. The Hampton Roads Planning District Commission (HRPDC) administers this program, which has two purposes. The first is to facilitate mitigation payments to owners whose wells have been adversely impacted by municipal pumping. Municipal groundwater permits mandate these payments. The second is to equitably distribute these costs to the various jurisdictions that are operating municipal wells simultaneously. ■ Considerations: The program is administered by the HRPDC Water Resources Department. The HRPDC Water Resources Department has an annual budget of $224,583 that is allocated on a pro-rata basis among the participating localities. There is a base allocation of $2,522 per local government, with the balance of annual costs allocated according to the local share of regional population. Virginia Beach does not own any municipal wells and it would not be assessed any mitigation payments. However, in the unlikely event that Norfolk operates its municipal wells during a drought and Lake Gaston water is not available, Virginia Beach would share any mitigation payments assessed to Norfolk as provided by the water services agreement. The costs associated with the annual allocation for the City according to the local share of regional population are $41,400 for the upcoming fiscal year. ■ Public Information: Normal City Council agenda process. ■ Alternatives: The alternative to participating in the regional groundwater mitigation program is to reject the resolution and not participate. The mitigation program would go forward, but without the City's participation. This would be counterproductive as the regional utilities cooperate on a number of water and wastewater issues that benefit the City. ■ Recommendations: Adopt the attached resolution. ■ Attachments: Resolution, Memorandum of Agreement Recommended Action: Approval Submitting Department/Agency: Public Utilities Department City Manager:(0 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY 3 OF VIRGINIA BEACH A MEMORANDUM OF AGREEMENT 4 PERTAINING TO THE HAMPTON ROADS REGIONAL 5 GROUNDWATER MITIGATION PROGRAM 6 7 WHEREAS, in August 1994, the Hampton Roads Planning District Commission 8 and its fifteen (15) member jurisdictions entered into an agreement establishing the 9 Regional Groundwater Mitigation Program (the "Program"); and 10 11 WHEREAS, the City of Virginia Beach has been a participant in the Program 12 since its inception; and 13 14 WHEREAS, the agreement will soon expire and must be renewed in order for the 15 Program to continue; and 16 17 WHEREAS, the purposes of the Program are to provide a mechanism by which 18 persons whose groundwater wells are adversely affected by drawdowns associated with 19 the operation of a public water supply system may seek mitigation of losses caused by 20 such drawdown and to establish an administrative framework used by local 21 governments in Hampton Roads to obtain technical analysis of requests by private 22 groundwater well owners for mitigation; and 23 24 WHEREAS, since its inception, the Program has been successful in 25 accomplishing its purposes; and 26 27 WHEREAS, it is in the best interests of the City and its groundwater well owners, 28 as well as the other participating localities and their respective groundwater well 29 owners, to continue the City's participation in the Program; 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That the City Manager is hereby authorized and directed to execute, on behalf of 35 the City, the Regional Ground Water Mitigation Program Administration Memorandum of 36 Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2026. APPROVED AS TO CONTENT: APP OVED AS TO LEGAL SUFFICIENCY: Public Utilities Departm nt rney's ffice CA1 7105/R-1/February 17, 2026 REGIONAL GROUNDWATER MITIGATION PROGRAM ADMINISTRATION MEMORANDUM OF AGREEMENT BETWEEN THE HAMPTON ROADS PLANNING DISTRICT COMMISSION AND THE CITIES OF CHESAPEAKE, FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA BEACH, AND WILLIAMSBURG, THE COUNTIES OF GLOUCESTER, ISLE OF WIGHT, SOUTHAMPTON AND YORK, THE TOWN OF SMITHFIELD, AND THE JAMES CITY SERVICE AUTHORITY WHEREAS, Section 15.2-1300 of the Code of Virginia enables local governments to enter into cooperative agreements to exercise those powers that each may be enabled to exercise, including conducting technical analyses to support such activities; and WHEREAS, Section 15.2-4203 of the Code of Virginia enables local governments to establish Planning District Commissions; and WHEREAS, the cities and counties that are signatories to this Agreement have acted, in accordance with Section 15.2-4200 of the Code of Virginia to establish the Hampton Roads Planning District Commission, et seq.; and WHEREAS, several Localities in the Hampton Roads region operate groundwater- based water supply systems; and WHEREAS, the Hampton Roads Planning District Commission has been requested and has undertaken various studies to support local government water supply development, including groundwater resource management efforts; and WHEREAS, on behalf of the signatory parties, the Hampton Roads Planning District Commission has contracted with the U.S. Geological Survey to complete various technical analyses of the region's groundwater resources, including the following efforts: • Development of a methodology for allocating responsibilities for groundwater impacts, as documented in Michael J. Focazio and Gary K. Speiran, Estimating Net Drawdown for Episodic Withdrawals at Six Well Fields in the Virginia Coastal Plain Aquifers, U.S. Geological Survey, Water Resources Investigations Report No. 93-4159, 1992; • Refined description of the aquifer system of the Virginia Coastal Plain and a hydrogeologic framework for ground-water investigation, as documented in E. Randolph McFarland and T. Scott Bruce, The Virginia Coastal Plain Hydrogeologic Framework, U.S. Geological Survey, Professional Paper 1731, 2006; and • Development of the Virginia Coastal Plain Groundwater Model to provide a better tool to understand the groundwater resource through simulation of groundwater withdrawals, drought, and saltwater intrusion, as documented in Charles E. Heywood and Jason P. Pope, Simulation of Groundwater Flow in the Coastal Plain Aquifer System of Virginia, U.S. Geological Survey, Scientific Investigations Report 2009-5039, 2009. 1 Development of methodology for groundwater withdrawal influence analysis using the Virginia Coastal Plain Model, as documented in Jason P. Pope, Groundwater Mitigation Analysis for the Hampton Roads Planning District Commission Using, an Application of the Principle of Superposition with the Virginia Coastal Plain Groundwater Model, U.S. Geological Survey, Technical Summary Report, 2024. WHEREAS, the signatory parties have requested the Hampton Roads Planning District Commission to administer a Regional Groundwater Mitigation Program, on their behalf; and WHEREAS, on August 11, 1994, the signatory parties entered into the Groundwater Mitigation Program Administration Agreement; and WHEREAS, on May 31, 2000, July 5, 2006, March 18, 2010, July 21, 2016, and June 1, 2022, the signatory parties extended the Groundwater Mitigation Program Administration Agreement; and WHEREAS, in accordance with the provisions of the August 11, 1994 Agreement, as extended on May 31, 2000, July 5, 2006, March 18, 2010, July 21, 2016, and June 1, 2022 the signatory parties have evaluated the Groundwater Mitigation Program and determined that the Program should be continued; NOW THEREFORE, the signatory parties enter into the following Agreement. This Memorandum of Agreement, entered into this_day of , among and between 15 local governments in Hampton Roads, the James City Service Authority, and the Hampton Roads Planning District Commission (HRPDC), establishes and extends the Regional Groundwater Mitigation Program. It outlines the roles and responsibilities of each entity in administering and funding the Regional Groundwater Mitigation Program. BASIC PREMISES 1. Some local governments in Hampton Roads operate public water supply wells inside and/or outside of their incorporated boundaries. 2. All local governments in Hampton Roads are interested in ensuring that groundwater drawdown associated with the operation of public water supply wells does not adversely impact the private wells of their citizens. 3. In the case where operation of a public water supply well causes or contributes to groundwater drawdown that renders a well unusable, then mitigation of damages attributable to that drawdown may be sought by the well owner in accordance with local mitigation plans and agreements. 4. This Agreement establishes the administrative framework, which will be used by the signatory parties to obtain technical analysis of requests for 2 mitigation by private well owners or other local governments in Hampton Roads. Financial issues related to these requests are governed by existing interjurisdictional agreements and state-approved Groundwater Mitigation Plans that are separate and distinct from this Agreement. 5. This Agreement shall continue indefinitely unless terminated by a participating Locality or the James City Service Authority. To conform to local government charter and Virginia Code requirements, the funding provisions of this Agreement will be subject to annual renewal. 6. Signatories may terminate this MOA without cause by providing written notice to the HRPDC. Thereafter, the MOA remains effective until the start of the following HRPDC fiscal year when program budgets will be adjusted to account for changes to MOA signatories. 7. Program costs will be allocated on a pro-rata basis among the signatory parties. The annual base buy-in per city, county, or service authority will be determined each year as part of the HRPDC Directors of Utilities Committee budget planning process. The balance of annual costs will be allocated according to the local share of regional population. The most current estimate of population, developed by the Weldon Cooper Center for Public Service, will be used as the population base for allocating program costs. Local contributions may be escalated annually to reflect program experience and projected HRPDC expenditures. Future private sector and non-Hampton Roads local government participation may provide financial support to the program according to a yet-to-be-determined formula, which will reflect annual program costs. The funding formula will be evaluated on a regular basis by the HRPDC Directors of Utilities Committee and may be adjusted to ensure its continued equitably. HRPDC RESPONSIBILITIES Under the terms of this Agreement, the HRPDC is responsible for the following: 1. Conduct technical analyses of the impacts of groundwater withdrawals. 2. Respond equitably and in a timely fashion to requests from all signatory parties for analyses of the impacts of groundwater withdrawals. The time frame for responses will be based on experience and the complexity of individual cases. 3. Maintain a technical guidance document to determine the allocation of impact mitigation responsibilities among the signatory parties. From 1994 to 2015,this determination was based on application of the superpositioning methodology developed by the U.S. Geological Survey for the HRPDC. The methodology is described in Michael J. Focazio and Gary K. Speiran, 3 Estimating Net Drawdown for Episodic Withdrawals at Six Well fields in the Virginia Coastal Plain Aquifers, U.S. Geological Survey, Water Resources Investigation Report No. 93-4159, 1992. Beginning in 2016, the HRPDC staff began to apply an analysis approach using the U.S. Geological Survey Virginia Coastal Plain Groundwater Model. In 2023 the U.S. Geological Survey began using an updated version of the Virginia Coastal Plain Groundwater model, maintained by the Virginia Department of Environmental Quality Office of Water Supply and their groundwater modeling contractor, Aquaveo. The HRPDC technical guidance document will be updated as needed to address the use of the model and future model updates. 4. Provide report(s) documenting the results of the HRPDC technical analysis(es) to all signatory parties. 5. In any case where an aggrieved party appeals a local government mitigation determination, provide the HRPDC analysis to the mitigation panel, established under the local government's mitigation plan. However, the HRPDC will not serve as a member of the mitigation panel. 6. Provide other technical support, as requested, to the signatory parties for other groundwater analyses, including support for the development of local groundwater withdrawal permit applications and review of other proposed groundwater withdrawals that may impact groundwater resources in the Hampton Roads region. 7. On request, provide technical staff support, at cost, to signatory parties for data collection (field work), required by that signatory party's permit or mitigation plan, approved by the Virginia Department of Environmental Quality (State Water Control Board). 8. Take steps, in conjunction with the signatory parties, to involve private sector groundwater users in the Regional Groundwater Mitigation Program. Administrative procedures and financial arrangements for private sector and non-Hampton Roads local government participation will be developed in the future, but will reflect the actual cost of the work. 9. Support long term efforts to consider aquifer recharge in groundwater modeling analyses LOCAL GOVERNMENT RESPONSIBILITIES Under the terms of this Agreement, the signatory parties are responsible for the following: 1. Serve as the initial point of contact for aggrieved parties. Request mitigation 4 analysis(es) from HRPDC in a timely fashion following receipt of a claim. 2. Provide any locally generated/collected data on groundwater conditions and well construction that may be useful to HRPDC technical analysis(es). 3, Provide, in a timely fashion, all technical supporting data required by Mitigation Plans, approved by the Virginia Department of Environmental Quality (State Water Control Board) as elements of Groundwater Withdrawal Permits, to the HRPDC for use in analyses of mitigation claims. 4. Provide a timely technical review of the HRPDC analysis(es) and conclusions. 5. Support HRPDC efforts to expand the mitigation program to cover all groundwater uses. 6. Support long term efforts to consider aquifer recharge in groundwater modeling analyses 7. Establish the appropriate mitigation panels, in accordance with local mitigation plans, to hear appeals of initial mitigation responsibility determinations. 5 PROCEDURE FOR REQUESTING MITIGATION ANALYSES Under this Memorandum of Agreement, the following process will be followed to request HRPDC technical support to address mitigation claims. 1. Aggrieved party contacts the locality where the groundwater well is located. 2. The local government contacts the HRPDC and requests that an impact analysis be conducted. In addition, any signatory parties may request that an impact analysis be undertaken. 3. The HRPDC conducts the analysis, as requested, and advises all signatory parties of the results of the technical analysis(es). 4. This procedure may be modified from time to time with the concurrence of all signatory parties, as represented by the HRPDC Directors of Utilities Committee, in order to improve the efficiency of the mitigation process. SIGNATORIES This Memorandum of Agreement will be executed by the Chief Administrative Officer of each participating local government or service authority and by the Executive Director of the HRPDC. Individual signatory pages are included for each participating locality. CITY OF CHESAPEAKE CITY OF FRANKLIN CITY OF HAMPTON CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF POQUOSON CITY OF PORTSMOUTH CITY OF SUFFOLK CITY OF VIRGINIA BEACH CITY OF WILLIAMSBURG COUNTY OF GLOUCESTER COUNTY OF ISLE OF WIGHT COUNTY OF SOUTHAMPTON COUNTY OF YORK JAMES CITY SERVICE AUTHORITY TOWN OF SMITHFIELD HAMPTON ROADS PLANNING DISTRICT COMMISSION 6 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and service authority and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Name: Patrick A. Duhaney Title: City Manager Date: APPROVED AS TO CON NT: 5, Department of Public Utilitie Director, Robert S. Montague, r. Date: 2/10/2026 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney or Designee Date: Date: Attest: �S v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Reimburse Emergency Communications and Citizen Services for 911 Infrastructure Updates MEETING DATE: March 3, 2026 ■ Background: In November 2021, Department of Emergency Communications and Citizen Services (ECCS) applied and was approved for a grant to support the modernization of 911 infrastructure through the deployment of Next Generation 911. ECCS completed the project prior to payment from the Virginia Department of Emergency Management (VDEM). To close out the grant, VDEM is requesting to reimburse the City a total of$720,472.93, for capital project #100533 "Next Generation 911". ■ Considerations: The project has already been completed and was funded at a total cost of $4 million by the General Fund. The reimbursement from VDEM will be applied to the ECCS operating budget, specifically for staffing of certified 911 personnel to assist with call handling and dispatching. These certified individuals would assist with coverage during a limited timeframe to allow newly hired City staff to be trained. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Approval of Ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Communications and Citizen Services City Manager*�6 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO REIMBURSE EMERGENCY COMMUNICATIONS AND 3 CITIZEN SERVICES FOR 911 INFRASTRUCTURE 4 UPDATES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $720,472.93 is hereby accepted from the Virginia Department of Emergency 10 Management and appropriated, with state revenue increased accordingly, to the FY 2025- 11 26 Operating Budget of the Emergency Communications and Citizen Services. Requires an affirmative vote by a majority of all of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 Budget and Ma agement Services i y Attorney's Office CA17106 R-1 February 19, 2026 Nu ��'��y "uytiyhg7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Substance Use Prevention Training and Technical Assistance MEETING DATE: March 3, 2026 ■ Background: The Virginia Department of Behavioral Health and Developmental Services (DBHDS) has awarded one-time funding to the Department of Human Services for Substance Use Prevention Training and Technical Assistance. These prevention services increase community awareness and education around behavioral health and substance use disorders and provide resources that support recovery and wellness. The funds will support additional training opportunities. ■ Considerations: DBHDS is awarding one-time federal pass-through funds in the amount of $5,250 for Prevention Training and Technical Assistance. These additional funds will be available for reimbursement for the period January 1, 2026 through September 30, 2026. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:��� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR SUBSTANCE USE PREVENTION TRAINING AND 3 TECHNICAL ASSISTANCE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $5,250 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the FY 2025-26 Operating Budget of the Department of Human 11 Services for additional training opportunities. Requires an affirmative vote by a majority of all members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services orney's Office CA17102 R-1 February 19, 2026 � NIA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds for Expenses Related to the Special Election on April 21, 2026 MEETING DATE: March 3, 2026 ■ Background: A special election has been scheduled for April 21, 2026. This election is a referendum for voters to consider a proposed constitutional amendment. To cover costs associated with the upcoming special election, the Voter Registration & Elections Office requests a transfer of $725,981 for estimated expenses. As this election was not anticipated in the City's FY2025-2026 budget, funding was not included in the current operating budget. Vacancy savings within the General Fund have been identified as the source of this transfer. ■ Considerations: General Virginia law (Va. Code § 24.2-600) requires localities to bear the cost of elections. The legislation authorizing the April special election (2026 Acts of Assembly, c. 6) has a statewide appropriation of $5,000,000 that could be accessed, and the City will pursue funding to offset this transfer. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registration & Elections City Manager fiW 1 AN ORDINANCE TO TRANSFER FUNDS FOR EXPENSES 2 RELATED TO THE SPECIAL ELECTION ON APRIL 21, 2026 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 $725,981 is hereby transferred from vacancy savings in the General Fund to the 8 FY 2025-26 Operating Budget of Voter Registration and Elections to fund the operational 9 expenses needed for the April 21, 2026, special election. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget a dVikagement Services rn y's Office CA17107 R-1 February 19, 2026 L. APPOINTMENTS • BEACHES AND WATERWAYS ADVISORY COMMISSION • COMMUNITY CRIMINAL JUSTICE BOARD • COMMUNITY POLICY AND MANAGEMENT TEAM • DEFERRED COMPENSATION BOARD • HUMAN RIGHTS COMMISSION • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OCEANA LAND USE CONFORMITY COMMITTEE • PARKS AND RECREATION COMMISSION • PUBLIC LIBRARY BOARD • VIRGINIA BEACH VA250 COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 3, 2026. 3Nr CITY OF VIRGINIA BEACH .1 R SUMMARY OF COUNCIL ACTIONS A O C S B H K S E U S S DATE:02/17/2026 PAGE: 1 R C T O H C L U H C N R A H W U M E H E M R U I C MI D N E G M M O L L C N Y L S R I O U M S AGENDA H G E E O EE C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D F N N 1. CITY COUNCIL'S BRIEFINGS 1 General Assembly Update Brent McKenzie, Legislative Affairs Director 2. Customer Service and Development Review Kathy Warren,Director- Statistics Planning (Requested by Mayor Dyer&Council Member Remick) II.-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y A Y Y Y Y Y Y A-F G. MINUTES 9-0 Y Y Y Y Y Y Y Y Y A B INFORMAL and FORMAL SESSIONS— APPROVED S February 3,2026 T A I N E D SPECIAL FORMAL SESSION— APPROVED n-n Y Y Y Y A Y Y Y Y Y Y February 10,2026 H.1. MAYOR'S PRESENTATIONS RESOLUTION IN RECOGNITION Captain Joshua A."Noodle"Appezzato PROCLAMATION—School Crossing Guards Appreciation Day Sergeant Brian Mileski,Homeland Security Special Operations—Police Department Officer Skye Suetter—Police Department PUBLIC HEARING 1' LEASE-FIBER OPTIC DARK CABLE TO NO SPEAKERS LUMOS TELEPHONE LLC K.1. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 1 u-0 Y Y Y Y Y Y Y Y Y property in fee simple and acquisition of CONSENT temporary and permanent easements,either by agreement or condemnation re Lynbrook Lauding Sidewalk Improvements Project,CIP 100423.112 K.2. Ordinance to AMEND City Code Section 21-230 ADOPTED,BY 10-0 Y Y Y Y A Y Y Y Y Y Y re inclusion of South Woodhouse Road in the CONSENT Traffic Calming Program K 3 Ordinance to AMEND City Code Section 23-2 re ADOPTED,AS 10-0 Y Y Y 1' 1 Y Y Y Y Y Y curfew for unaccompanied minors AMENDED,BY CONSENT K.4. Resolution to PROVIDE direction to the City ADOPTED,BY 10-0 Y Y Y Y A Y Y Y Y Y Y Manager re signage on public property CONSENT (Requested by City Council) CITY OF VIRGINIA BEACH J R SUMMARY OF COUNCIL ACTIONS A O C S B H K S E U S S DATE:02/17/2026 PAGE: 2 R C T O H C L U H C N R A H W U M E H - E M R U I C MI D N E G M M O L L C N Y L S R I O U M S AGENDA H G E E O EE C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N K.S. Resolution to ESTABLISH a"Virginia Beach DEFERRED TO APRIL 10-0 Y Y Y Y A Y Y Y Y Y Y Sports District"and AUTHORIZE the City 21,2026,BY CONSENT Manager to take actions in support(Requested by Mayor Dyer and Council Members Henley, Jackson-Green,Remick and Schulman) K.6. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 10-0 Y Y Y Y A Y Y Y Y Y Y EXECUTE an Agreement with the School Board CONSENT and APPROPRIATE miscellaneous revenue re use of school buses during the National High School Coaches Association Senior Nationals K.7. Ordinance to AMEND the FY 2025-26 Capital ADOPTED,BY I u-0 Y Y Y Y A Y Y Y Y Y Y Improvement Program(CIP)for Flood Protection CONSENT re Eastern Shore Drive projects h 8. Ordinance to APPROPRIATE$40,000 from the ADOPTED,BY 10-0 Y Y Y Y A Y Y Y Y Y Y fund balance of the Commonwealth's Attorney's CONSENT Forfeited Assets Special Revenue Fund to the FY 2025-26 Commonwealth's Attorney's Operating Budget re remodel existing office space K.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y A Y Y Y Y Y Y $2,953,209 in surplus Regional Surface CONSENT Transportation Program funds to Capital Project #100057,"Centerville Turnpike Phase II"re roadway improvement K.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y A Y Y Y Y Y Y $24,346.47 from the Commonwealth's Office of CONSENT Emergency Medical Services to the FY 2025-26 Department of Emergency Medical Services (EMS)Operating Budget and AUTHORIZE a 50%in-kind grant match re four(4)portable ventilators and accessories K.1 I. Ordinance to TRANSFER$1-Million within the ADOPTED,BY 10-0 Y Y Y Y A Y Y Y Y Y Y FY 2025-26 Capital Improvement Program(CIP) CONSENT from Capital Project#100552,"Western Branch Lynnhaven River Maintenance Dredging II"to Capital Project#100345,"Rudee Inlet Outer Channel Maintenance Dredging II"re dredging L.1. DAVID A.&ROBIN PARKER for a Street APPROVED/ 10-0 Y Y Y Y A Y Y Y 1' Y Y Closure re approximately 3,750 square feet of CONDITIONED,BY Arctic Avenue adjacent to 300 Winston Salem CONSENT Avenue DISTRICT 5 L.2. CARDINAL SIGN CORPORATION/VS APPROVED/ 10-0 Y Y Y Y A Y Y Y Y Y Y CORP INC for an Alternative Compliance re CONDITIONED,BY replace existing monument sign at 4616 CONSENT Virginia Beach Boulevard DISTRICT 4 L.3. MATTHEW SCORNAVACCHI for a APPROVED/ 10-0 Y Y Y Y A Y Y Y Y Y Y Modification of Conditions to a Change in MODIFIED/ _Nonconformity re modify previously approved CONDITIONED,BY concept plan,renderings and elevations for CONSENT existing staircase,deck and future handicap accessible ramp at 514 91s Street DISTRICT 5 L.4. STAR OF THE SEA CATHOLIC CHURCH APPROVED/ 10-0 Y Y Y Y A Y Y Y Y Y Y &CATHOLIC DIOCESE OF RICHMOND/ MODIFIED/ CATHOLIC DIOCESE OF RICHMOND for a CONDITIONED,BY Modification of Conditions to a Conditional Use CONSENT Permit re Commercial/Church parking lot at 1500 Pacific Avenue DISTRICT 5 CITY OF VIRGINIA BEACH i R SUMMARY OF COUNCIL ACTIONS A O C S B H K S E U S S DATE:02/17/2026 PAGE: 3 R C T O H C L U H C N R A H W U M E H E M R U I C MI D N E G M M O L L C N Y L S R I O U M S AGENDA H G E E O EE C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N L.5. PATRICK&JOYE PATZER for a Conditional APPROVED/AS 10-0 Y Y Y N' Y Y Y Y Y Y Change of Zoning from 0-2 Office District to PROFFERED,BY Conditional B-2 Community Business District re CONSENT retail store at 901 First Colonial Road DISTRICT 6 I.6. BIVI/PADEL,LLC/LASKIN ROAD APPROVED/ 10-0 Y Y Y Y A N" Y Y Y Y Y ASSOCIATES,LP for a Conditional Use Permit CONDITIONED,BY re indoor recreational facility at 941 Laskin CONSENT Road DISTRICT 6 L.7. C THE JEMS,LLC/RICHARD D. DEFERRED TO 10-0 Y Y Y N' A Y Y Y Y Y Y GOLDSTEIN&JAMES P.GOLDSTEIN for a MARCH 17,2026,BY Conditional Use Permit re bulk storage yard at CONSENT 1361 Virginia Beach Boulevard DISTRICT 6 L.8. ZAKIVA WALCOTT/HODA APPROVED/ 10-0 Y Y l' 1" N' Y Y Y Y Y INVESTMENTS LLC for a Conditional Use CONDITIONED,BY Permit re assembly use at 5193 Shore Drive,Suite CONSENT 108 DISTRICT 9 M. APPOINTMENTS RESCHEDULED R Y C N S I N S U S BEACHES AND WATERWAYS ADVISORY COMMISSION DEFERRED COMPENSATION BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION ADVERTISING ADVISORY COMMITTEE Reappointed: 10-0 Y Y N' N" N' Y Y Y Y Y Harshad Barot— Representing Resort Advisory Commission Justin Beale— Representing Virginia Beach Hotel Association Tyler Brown— Representing Retail Industry Meredith Gray— Representing Citizen Member 3 Year Term 4/1/2026—3/31/2029 BEACHES AND WATERWAYS ADVISORY Appointed: 10-0 Y Y Y 1' A 1' Y Y Y Y Y COMMISSION Truett Bozich—High School Student Member Unexpired term thru 6/30/2026 CLEAN COMMUNITY COMMISSION Reappointed: 10-0 Y Y Y Y A Y Y Y Y Y Y Karlaa Gregory Terry Stevens 3 Year Term 4/1/2026—3/31/2029 CITY OF VIRGINIA BEACH I R SUMMARY OF COUNCIL ACTIONS A O C S B H K S E U S S DATE:02/17/2026 PAGE: 4 R C T O H C L U H C N R A H W U M E H E M R U C MI D N E G M M O L �- C N Y L S R I O U M S AGENDA H G E E O EE C N S A U ITEM# SUBJECT MOTION VOTE___i I S R Y N N K D E N N COMMUNITY CRIMINAL JUSTICE BOARD Reappointed: 10-0 Y Y Y Y } Y Y Y } Y Y Cal Bain—Representing Public Defender Wanda Cooper— Representing General District Court Judge Stacy Cummings— Representing Council Member N.D."Rocky"Holcomb— Representing Sheriff Philip Hollowell— Representing Juvenile& Domestic Relations Court Judge Paul Neudigate— Representing Police Chief Stacey Smith— Representing Community Services Board Supervisor Colin Stolle— Representing Commonwealth Attorney Kay Thomas— Representing Local Educator Andrew Truitt— Representing Chief Magistrate 4 Year Term 4/1/2026—3/31/2030 HISTORIC PRESERVATION COMMISSION Appointed: 10-0 Y Y Y }' A Y Y Y Y Y Y John Settle 3 Year Term 2/17/2026—1/31/2029 Bobbie Gribble Harriet Frenzel 3 Year Term 3/1/2026—2/28/2029 HUMAN RIGHTS COMMISSION Reappointed: 10-0 Y Y }' Y A Y Y Y Y Y Y Virginia Jenkot Miluska Carlevarino Zegarra 3 Year Term 4/1/2026—3/31/2029 OPEN SPACE ADVISORY COMMITTEE Appointed: 10-0 Y Y Y Y A Y Y Y Y Y }' Richard Hoehlein— Representing Parks and Recreation Commission 3 Year Term 3/1/2026—2/28/2029 PARKS AND RECREATION COMMISSION Appointed: 10-0 Y Y Y Y A Y Y Y Y Y Y Anwar Miles— Representing District 4 3 Year Term 3/1/2026—2/28/2029 Reappointed: Daniel Edwards— Representing District 7 3 Year Term 4/1/2026—3/31/2029 CITY OF VIRGINIA BEACH J R SUMMARY OF COUNCIL ACTIONS A O C S B H K S E U S S DATE:02/17/2026 PAGE: 5 R C T O H C L U H C N R A H W U M E H E M R U I C MI D N E G M M O L L C N Y L S R I O U M S AGENDA H G E E O EE C N S A O ITEM# SUBJECT MOTION VOTE 1 S R Y N N K D E N N PERSONNEL BOARD Appointed: 10-0 Y Y Y Y A Y Y Y Y Y Y David Nasca— Representing Alternate Member Unexpired term thru 2/28/2027 +3 Year Term 3/1/2027—2/28/2030 PUBLIC LIBRARY BOARD Appointed: 10-0 Y Y Y Y A Y Y Y Y Y Y Gerard Golden— Unexpired term thru 8/31/2028 Anthone Oates— Unexpired term thru 8/31/2026 +4 Year Term 9/1/2026—8/31/2030 SOCIAL SERVICES ADVISORY BOARD Appointed: 10-0 Y Y Y Y A Y Y Y Y Y Y Amber Kostka Unexpired term thru 2/28/2027 +4 Year Term 3/1/2027—2/28/2031 STORMWATER APPEALS BOARD Reappointed: 10-0 Y Y Y Y A Y Y Y Y Y Y Travis Fox— Representing Land Surveyor Mark Johnson— Representing Civil Engineer 3 Year Term 4/1/2026—3/31/2029 VIRGINIA BEACH CANNABIS ADVISORY Appointed: 10-0 Y Y Y Y A Y Y Y Y Y Y TASK FORCE Debbie Lou Hague— Representing Resort Business Professional 2 Year Term 2/17/2026—1/31/2028 VIRGINIA BEACH COMMUNITY Appointed: 10-0 Y Y Y Y A Y Y Y Y Y Y DEVELOPMENT CORPORATION Jessica Lin Unexpired term thru 12/31/2027 Matthew Baumgarten Unexpired term thru 12/31/2028 WETLANDS BOARD Appointed: 10-0 Y Y Y Y A Y Y Y Y Y 1' William Serge— Representing Alternate Member 5 Year Term 2/17/2026—1/31/2031 Jeffrey Ainslie— Representing Alternate Member— Unexpired term thru 8/31/2029 CITY OF VIRGINIA BEACH J R SUMMARY OF COUNCIL ACTIONS A O C S B H K S E U S - S DATE:02/17/2026 PAGE: 6 R C T O H C L U H C N R A 1i W U M E H E M R U I C MI D N E G M M O L L C N Y L S R I O U M S AGENDA H G E E O EE C N S A O ITEM# SUBJECT MOTION VOTE I S R Y N N K D E N N CITY COUNCIL LIAISONS: 10-0 Y Y Y Y A Y Y' 1' Y Y Y ACTIVE TRANSPORTATION ADVISORY David Hutcheson COMMITTEE AGRICULTURE ADVISORY COMMISSION Ntichacl F.Bcrlucchi (COG)REVIEW&ALLOCATION David Hutcheson COMMITTEE FLOOD PREVENTION BOND REFERENDUM Joashua"Jonsh" OVERSIGHT BOARD Schulman HISTORICAL REVIEW BOARD Barbara M.Henley VIRGINIA BEACH CANNABIS ADVISORY Cal"Cash"Jackson- TASK FORCE Green VIRGINIA BEACH COMMUNITY Dr.Amelia N.Ross- DEVELOPMENT CORPORATION Hammond N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6:37 P.M.