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HomeMy WebLinkAboutSEPTEMBER 1, 2026 INFORMAL AND FORMAL SESSION MINUTES 7j U D) sa r o � `yyv ot it VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 1, 2026 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Conference Room,Tuesday, September 1, 2026 at 3:30 PM Council Members Present: Michael Berlucchi, Stacy Cummings, Robert Dyer, Barbara Henley, David Hutcheson, Cal Jackson-Green, Robert Remick, Amelia Ross-Hammond, Jennifer Rouse,Joashua Schulman, Rosemary Wilson Council Members Absent: None 2 CITY COUNCIL'S BRIEFING ZERO WASTE AWARENESS WEEK SOCIAL MEDIA CAMPAIGN 3:30 P.M. Mayor Dyer welcomed Terry Ann Stevens, Chair —Virginia Beach Clean Community Commission (VBCCC) and Kristi Rines, Staff Liaison —VBCCC. Chair Stevens expressed her appreciation to City Council for their continued support and distributed copies of the presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Chair Stevens and Mrs. Rines for the presentation. September 1, 2026 .Y, n : ax .x rc ZERO WASTE AWARENESS WEEK Seven Days. Seven Ways. One Beautiful Virginia Beach . KRISTI RINES I SEPTEMBER 1, 2026 C:l1 Y O BEACH VIRGINIA VB CLEAN COMMUNITY COMMISSION The Virginia Beach Clean Community Commission Clean (VBCCC) serves as the City Council-appointed advisory VIP Community body dedicated to promoting a cleaner, more ,--m,wow, Commission beautiful, and more sustainable Virginia Beach. Through volunteerism, education, beautification, litter KEEP VIRGINIA BEACH prevention, recycling, and community partnerships, BEAUTIFUL KEEP AMERICA BEAUTIFUL AFFILIATE the Commission inspires residents of all ages to take pride in protecting the environment and enhancing the quality of life throughout our city. 2 'V FROM VIRGINIA BEACH TO VIRGINIA e Virginia Beach City The Virginia General An idea championed Council recognizes the Assembly designates the locally is now an first full week in first full week of opportunity to inspire September as Zero Waste September annually as action across the Awareness Week. Zero Waste Awareness Commonwealth. Week statewide. 3 .O WASTE VIRCINIA RIA( H SEVEN DAYS SEVEN WAYS ONE BEAUTIFUL VIRGINIA BEACH ZERO WASTE AWARENESS WEEK r � SEPTEMBER 6-12, 2026 REIMAGINE SEVEN DAYS TO SEE WASTEREIMAGINE DIFFERENTLY. PEPAIP P-E---EAP R FUSE - PETHINK ZERO WASTE AWARENESS WEEK SEPTEMBER 6-12,2026 Y�',Clean Y Community Commission 4 r;. REIMAGINE SEVEN DAYS. SEVEN WAYS. ONE BEAUTIFUL VIRGINIA VIRGINIA,,,BEA(N VIR�,LN,IQ. BEACH Pon REUSE REPURPOSE REPAIR REWEAR � RETHINK 0 REDUCE REUSE REPURPOSE REPAIR * rAr r A r REFUSE RETHINK Z/ ERrJ\ WASTE v� .O WASTE REDUCE what we consume VIRCINIA RIA( H SEVEN DAYS SEVEN WAYS ONE BEAUTIFUL VIRGINIA BEACH REUSE what still has value REPURPOSE old items into new ones REPAIR before replacing WE REWEAR instead of discarding REFUSE what we don't need RETHINK the choices we make WASTE REDUCTION BEGINS BEFORE THE TRASH OR R E D RECYCLING CART. • ZERO WASTE AWARENESS WEEK . SEPTEMBER 6-12,2026 vBClean Commpnity Commission 7 Vp ONE WEEK. ONE CHALLENGE . Choose one thing you can do differently. AT HOME Repair it. Donate it. Use it again. _ x AT WORK 109k Reduce purchases. Reuse supplies. Rethink waste. IN OUR COMMUNITY Participate. Share. Inspire someone else. ZERO WASTE AWARENESS WEEK • SEPTEM BER 6-72,2026 Small choices x 455,000 residents = BIG IMPACT WEonim In i�sSion 8 HELP US SPREAD THE WO RD ZERO WASTE VIRCINIA B [A( H 1� SHARE SEVEN DAYS SEVEN WAYS ONE BEAUTIFUL VIRGINIA BEACH Highlight a personal or community example of one of the 7Rs. SHOW Encourage friends to choose one action during the week. CELEBRATE . . Recognize someone who is already SKIP WHAT YOUZERO WASTE AWN'T NEED. ARENESS WEEK • SEPTEMBER 6-12,2026 reducing waste. Clean Commpnity �' Commission 9 ZERO WASTE VIRC NIA SEVEN DAYS SEVEN WAYS ONE BEAUTIFUL COMMONWEALTH REIMAGINE What if we stopped seeing everything we no longer need as waste and started seeing what it could become next? . M d SEPTEMBER 6-12, 2026 ZERO WASTE AWARENESS WEEK SEVEN DAYS. SEVEN WAYS. ONE BEAUTIFUL VIRGINIA BEACH. EIMAGINE VB ZERO WASTE AWARENE55 WEEK . SEPTEMBER 6-12,2026 VBI Clean Community ^�' Commission 10 QUESTIONS? VBCCC CHAIR WEBPAGE Terry Stevens Virginia Beach.gov/VBCCC FACEBOOK VBCCC VICE CHAIR KeepVirginia Beach Bea utiful Maury Hill VBWasteMGT STAFF LIASION INSTAGRAM Kristi Rines keepvirginiabeachbeautiful " v vbwastemgt =ri 11 3 CITY COUNCIL LIAISON REPORTS 3:40 P.M. Council Member Henley advised that the Green Ribbon Committee is planning another Albemarle Sound Symposium to be held in April 2027. Council Member Henley explained that the Symposiums have been informative and have helped residents better understand the City's drainage systems and how more than half of the City drains to the Albemarle Watershed, involving an entirely different water system then previously understood. Council Member Henley asked the Body to let her know if they had any suggestions for speakers or topics for the April Symposium. September 1, 2026 4 CITY COUNCIL DISCUSSION/ INITIATIVES/ COMMENTS 3:42 P.M. Council Member Remick expressed his appreciation to the Virginia Beach Jaycee's for hosting the 641h Annual Coastal Edge East Coast Surfing Championships last weekend with residents and others from around the world participating. Council Member Remick advised there were great waves for the competition and the event kicked off a week of surfing, the Funkfest Festival, and entertainment at the Oceanfront and was well attended. Council Member Remick also shared his excitement for the upcoming Virginia Beach Supergirl Surf Festival next weekend,which will include thirteen(13)women's sports,twenty-two(22)free concerts, and surfing activities. Council Member Remick advised there are high expectations for the event as it has been reported that thousands of people have already signed up to attend. Mayor Dyer expressed his appreciation to the Convention and Visitors Bureau for the phenomenal work they do to host and coordinate to host so many events throughout the year, often with several events taking place at the same time. Council Member Jackson-Green recognized the House of Angels for hosting a special needs prom at the Westin Hotel last weekend. Council Member Jackson-Green advised there were over 200 residents who attended, with many experiencing a prom for the first time. Council Member Jackson-Green advised that Police Officers from the Third Precinct and numerous volunteers participated in making the event safe and memorable and plans are in place to make it an annual event. Vice Mayor Wilson referenced a letter the Body received from Sheriff Holcomb pertaining to Deputy retention challenges and requested that the Sheriff's Department is also considered when the Body discusses Police Department retention issues. Council Member Ross-Hammond advised she enjoyed attending two (2) events last weekend, with the first being the reopening of New Life Full Gospel Baptist Church and the second event held last Saturday evening at the Hilton Garden Inn. Council Member Ross-Hammond advised a group discussed its work in the City and opportunities for young people who choose careers in the building trades rather than attending college. Council Member Ross-Hammond advised that trade jobs can provide good earning opportunities. September 1, 2026 5 CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS (Continued) Council Member Jackson-Green expressed that the reopening Ceremony at New Life Full Gospel Baptist Church was really touching and explained that an engineer who had been a member of the church for twenty (20) years used her professional talents to redesign the church's interior. Council Member Jackson-Green described the results as a "masterpiece", demonstrating that membership is about growing the community from the inside out. Mayor Dyer advised the City of Virginia Beach is a city of many faiths, and is the glue that holds the community together. Council Member Henley requested information regarding the City's use of Flock cameras, including where they are located and how the information collected is stored and used. Council Member Henley advised as she has learned more about them, she is concerned that their use goes beyond traffic safety and may become a privacy issue. Council Member Henley advised she recently read about Flock cameras used in Chesapeake. City Manager Duhaney advised staff is drafting a report to address similar questions submitted by the Body, as well as the public, and expects it will be finalized in approximately two (2) weeks. City Manager Duhaney advised the report will provide the cameras background and history and if requested, he will provide a formal briefing after the Body reviews the report. September 1, 2026 6 CITY COUNCIL AGENDA REVIEW 3:48 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS: 1, 2, 3, 4, 5, 6, 7 and 8 L. PLANNING ITEMS: 1, 2, 4, 5, 7, 8 and 9 L. PLANNING ITEMS Item#3 will be considered separately Item #6 will be considered separately Item #7 Alternate Version will be considered for approval Items#8 and 9 will be considered for indefinite deferral September 1, 2026 7 INFORMAL SESSION Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose, or of the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 2 • District 5 • District 5 PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body pursuant to Section 2.2-3711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees,Authorities, Agencies and Appointees September 1, 2026 8 RECESS TO CLOSED SESSION Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, the City Council proceed into CLOSED SESSION at 3:55 P.M. Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary C. Wilson Break 3:55 P.M. — 4:11 P.M. Closed Session 4:11 P.M. — 5:17 P.M. September 1, 2026 9 U f Za r t op ou hAT%a FORMAL SESSION VIRGINIA BEACH CITY COUNCIL SEPTEMBER 1, 2026 6:00 PM Mayor Robert M. Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, September 1, 2026 at 6:00 PM Council Members Present: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary C. Wilson Council Members Absent: None INVOCATION—Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 1, 2026 10 CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna"), who's Oceanfront Office is located at 303 34tn Street Suite 102,Virginia Beach,VA 23451. Because of the nature of realtor and real estate agent affiliation,the size of Howard Hanna,and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers") which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a "personal interest," as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. September 1, 2026 11 VI.F. CERTIFICATION OF CLOSED SESSION Upon motion by Council Member Jackson-Green, seconded by Council Member Ross- Hammond, the City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 12 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS:The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded on page 8 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE, BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Amanda Barnes, MMC City Clerk September 1, 2026 13 VI.G. MINUTES Upon motion by Council Member Remick, seconded by Council Member Cummings, City Council Approved the Minutes of the Informal and Formal Sessions of August 11, 2026 and August 18, 2026 and the Formal Session of August 25, 2026 Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 14 VI.H. MAYOR'S PRESENTATION VIRGINIA BEACH CLEAN COMMUNITY COMMISSION— ZERO WASTE AWARENESS WEEK Council Member Rouse welcomed Chair Terry Ann Stevens, Vice Chair Maury Hill and Commissioners Alexis Williams and Anna Orchard-Hayes and Staff Liaison Kristi Rines to share information regarding Zero Waste Awareness Week scheduled for September 6—12, 2026. Commissioner Williams explained that the initiative began in the City and has since expanded statewide and involves educating and encouraging residents to reduce their environmental footprint through refusing single-use plastics, using reusable water bottles and grocery bags, recycling properly, composting, and repairing reusable items. Commissioner Williams also shared information about Zero Waste Wardrobe events that provide residents opportunities to donate and receive reusable clothing. Commissioner Orchard-Hayes advised that she serves as a High School Student Commissioner and Chair of the VBCCC Student Leaders Committee and explained the Committee was established in 2025 and has twenty-five (25) students from eight (8) different High Schools. Mayor Dyer expressed his appreciation to the VBCCC for their role in community cleanup events and beautification efforts as well as helping to make the City a caring and sustainable community. September 1, 2026 15 VI.I. PUBLIC HEARING Mayor Dyer OPENED a PUBLIC HEARING: ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 31.98 acres at 4469 Charity Neck Road There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING September 1, 2026 16 VI.J. FORMAL SESSION AGENDA Mayor Dyer read the Speaker Policy and advised for items where only one (1) speaker is registered, the City Clerk will call the speaker, and they will be given a total of six (6) minutes to speak on all items. CONSENT AGENDA Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED, BY CONSENT, Agenda Items Ordinance/Resolutions K.: 1, 2, 3, 4, 5, 6, 7 and 8 and Planning Items L: 1, 2, 4, 5, 7 (ALTERNATE VERSION), 8 (DEFERRED INDEFINITELY) and 9 (DEFERRED INDEFINITELY). L. PLANNING ITEMS: Item #3 will be considered separately Item#6 will be considered separately Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 17 K.1 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four(4) years and ten (10) months at Virginia Beach Farmers Market, Building 1, space 10 and the Guard House re TFK Deli LLC Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 1 AN ORDINANCE AUTHORIZING THE 2 CITY MANAGER TO EXECUTE A 3 LEASE WITH TFK DELI LLC FOR 4 CITY-OWNED PROPERTY KNOWN AS 5 BUILDING 1, SPACE 10 AND THE 6 GUARD HOUSE IN THE VIRGINIA 7 BEACH FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 10 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia 11 (the "Farmers Market"); 12 13 WHEREAS, the City issued a Request for Proposals ("RFP") for Space 10 in 14 Building 1 at the Farmers Market, consisting of approximately 939 sq. ft. of space (the 15 "Store"), together with a storage building (the "Guard House") consisting of 16 approximately 100 sq. ft. (the Store and the Guard House, collectively, the 17 "Premises") and received three responses; 18 19 WHEREAS, an RFP committee evaluated all the responses to the RFP and 20 recommends that a lease be awarded to TFK Deli LLC, a Virginia limited liability 21 company (d/b/a TFK Deli & General Store) ("TFK"); 22 23 WHEREAS, TFK would utilize the Store for the sale of deli items and meats, 24 cheeses, salads, homemade sauces, condiments and dressings, prepared 25 sandwiches and soups, and the Guard House for storage of nonperishables, and for 26 no other purpose; and 27 28 WHEREAS, TFK has agreed to pay the City base rent in the amount of 29 $1,400.00 per month for the first ten months of the initial term, with a five percent 30 (5%) annual rent escalation beginning July 1, 2027, and each year thereafter. 31 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 33 CITY OF VIRGINIA BEACH, VIRGINIA: 34 35 That the City Manager is hereby authorized to execute a lease for up to 4 36 years and 10 months between TFK Deli LLC, a Virginia limited liability company, and 37 the City for the Premises in accordance with the Summary of Terms, attached hereto 38 as Exhibit A and made a part hereof, and such other terms, conditions or 39 modifications as may be acceptable to the City Manager and in a form deemed 40 satisfactory by the City Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the 1st 43 day of September 2026. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM t�1e. =YU P j Iic Works/ eal Estate VAgov_com\d(s1\applications\cilylaei\cycom32\vipdocs\d027\p057\01147716.doc R-1 August 4, 2026 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: TFK Deli LLC, a Virginia limited liability company (d/b/a TFK Deli & General Store) PREMISES: Building 1, Space 10, consisting of 939+/- sq. ft. and a storage building (known as the Guard House), consisting of 100+/- sq. ft. TERM: September 1, 2026 through June 30, 2029, with two (2) additional one-year renewal options. RENT: Base rent of$1,400.00 per month from *December 1, 2026 through June 30, 2027, with five percent (5%) annual escalation beginning July 1, 2027 and each year thereafter ("Rent will be abated from September 1, 2026 through November 30, 2026. Abatement is conditional on Lessee's good faith start-up expenditures and a timely opening of the restaurant on or before December 1, 2026.) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of deli items and meats, cheeses, salads, homemade sauces, condiments and dressings, prepared sandwiches and soups, and that the Guard House shall be used to store nonperishables, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate by giving one hundred eighty (180) days' advanced written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advanced written notice to the City. 18 K.2 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for up to four (4) years and ten (10) months at Virginia Beach Farmers Market, Building 8, spaces 23 & 24 re Wild Works of Whimsy, LLC(d/b/a Southern Branch Nursery) Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE WITH WILD WORKS OF 3 WHIMSY, LLC (D/B/A SOUTHERN BRANCH 4 NURSERY) FOR CITY-OWNED PROPERTY KNOWN 5 AS BUILDING 8, SPACES 23 AND 24 IN THE 6 VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia 9 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia 10 (the "Farmers Market'); 11 12 WHEREAS, the City issued a Request for Proposals ("RFP") for Spaces 23 13 and 24 in Building 8 at the Farmers Market, consisting of approximately 1,126 sq. ft. 14 of space (the "Premises"); 15 16 WHEREAS, an RFP committee evaluated the responses to the RFP and 17 recommends that a lease be awarded to Wild Works of Whimsy, LLC, a Virginia 18 limited liability company (d/b/a Southern Branch Nursery ("Southern Branch 19 Nursery"); 20 21 WHEREAS, Southern Branch Nursery would utilize the Premises for the retail 22 sale of native seasonal shrubs and small trees, grasses and groundcovers, gardening 23 books, field guides, artisan goods, habitat supporting items, garden tools, and to host 24 gardening classes and workshops, etc., and for no other purpose; 25 26 WHEREAS, Southern Branch Nursery will also be permitted to use the 27 adjacent outside end cap for a permanent demonstration garden for seasonal native 28 plants; and 29 30 WHEREAS, Southern Branch Nursery has agreed to pay the City base rent in 31 the amount of $1,500.00 per month for the first ten months of the initial term, with a 32 five percent (5%) annual rent escalation beginning July 1, 2027, and each year 33 thereafter. 34 35 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 36 CITY OF VIRGINIA BEACH, VIRGINIA: 37 38 That the City Manager is hereby authorized to execute a lease for up to 4 39 years and 10 months between Wild Works of Whimsy, LLC, a Virginia limited liability 40 company, and the City for the Premises in accordance with the Summary of Terms, 41 attached hereto as Exhibit A and made a part hereof, and such other terms, 42 conditions or modifications as may be acceptable to the City Manager and in a form 43 deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day 46 of September , 2026. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM 0ittt ey P blic Works / eal Estate // CA167 8 \\vbg ov.com\dfs 1\a ppl ications\c itylaw\cycom 32\w pdocs\d 0271p057101147836.doe R-1 August 4, 2026 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Wild Works of Whimsy, LLC, a Virginia limited liability company (d/b/a Southern Branch Nursery) PREMISES: Building 8, Spaces 23 and 24, consisting of 1,126+/- sq. ft. and the adjacent outside end cap TERM: September 1, 2026 through June 30, 2029, with two (2) additional one-year renewal options. RENT: Base rent of $1,500.00 per month from September 1, 2026 through June 30, 2027, with five percent (5%) annual escalation beginning July 1, 2027 and each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the retail sale of native seasonal shrubs and small trees, grasses and groundcovers, gardening books, field guides, artisan goods, habitat supporting items, garden tools, and to host gardening classes and workshops, etc., and for no other purpose. • Lessee will be permitted to use the adjacent outside end cap for a permanent demonstration garden for seasonal native plants, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate by giving one hundred eighty (180) days' advanced written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advanced written notice to the City. 19 K.3 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce, located at the rear of 4300 Ben Gunn Road re maintain an existing block bulkhead, construct and maintain a timber pier and vinyl bulkhead DISTRICT 9 Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE 7 JOYCE, LOCATEDATTHE REAR OF 8 4300 BEN GUNN ROAD 9 10 WHEREAS, Denise D. Clarke, Trustee of the Denise D. Clarke Revocable 11 Trust (the "Applicant") has requested permission to maintain an existing 96.2' block 12 bulkhead and to construct and maintain a 10' x 16' timber pier and a 100' vinyl bulkhead 13 (collectively, the "Temporary Encroachment") into a portion of a City-owned property known 14 as Lake Joyce (GPIN: 1570-80-2438), located at rear of 4300 Ben Gunn Road (GPIN: 15 1479-89-9311); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachment upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended,the Applicant,her heirs, assigns 26 and successors in title are authorized to construct and maintain the Temporary 27 Encroachment as shown on the map entitled: "EXHIBIT 'A' — ENCROACHMENT 28 REQUEST FOR AN EXISTING BLOCK BULKHEAD AND A PROPOSED VINYL 29 BULKHEAD AND TIMBER PIER FOR: DENISE D. CLARKE, TRUSTEE OF THE DENISE 30 D. CLARKE REVOCABLE TRUST 4300 BEN GUNN ROAD,VIRGINIA BEACH,VA23455 31 BAYLAKE PINES SECTION 1, LOT 40 BLOCK 1 M.B. 31, PG. 53," Scale: 1" =40% dated 32 May 1, 2025, prepared by Stone Green Consulting, LLC, a copy of which is attached hereto 33 as ExhibitA, on file in the Department of Public Works and to which reference is made for a 34 more particular description; 35 36 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the agreement between the City 38 of Virginia Beach and the Applicant (the"Agreement"), a copy of which has been presented 39 to the Council in its agenda, and will be recorded among the records of the Clerk's Office of 40 the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Applicant and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st 49 day of September , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PU IC WORKS / REAL ESTATE LUCIA G. WHITLOW CITY ATTORNEY CA16756 CLARKE ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. N 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION _ E OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR,ApGENCIES, CURVE I RADIUS I ARC LENGTH LENGTHI CHORD LENGTH CHORD BEARING IDEL A ANGLE TANGENT LENGTH S 1 1 1000.0' 41.3S' I 41.3S S 66`13'n E 2'22'09" __ 20.68, M.B.31 PG.53 LAKE JOYCE I NOW OR FORMERLY 2'TOTAL B1OCK CITY OF VIRGINIA BEACH 9B LKNEpD wIDTN LAKE JOYCE D.B.1018 P. 154 GP)N: 1570-80-2438 FXISTING BLOCK OHIY/AT EX15T1NG BULKHEAD BULKHEAD {. T AD L_ OF Al- FX-VINYL P BULKHEAD OF I �\ O + o; + o� ++U= �+, a i LOT 41 I' NOW OR FORMERLY } © PAVER i MARY J.CLARKE PATIO GPIN: 1479-99-0217 w; DECK ;o INST:202503005217 of ^ M.B.31, PG.53 LOT 39 N� LOT 40 ; NOW OR FORMERLY NOW OR FORMERLY rn i o KAREN K.LEHMAN z+ DENISE D.CLARKE RT o GPIN: 1479-89-8325 GPIN: 1479 89 931 1 N INST:202203036860 INST:202SO3007726 t'z M.B.31,PG,53 I M.B.31,PG.53 I cONC DRIVE EXISTING j I CONDITIONS •----1--- ---- - ' PIN(F) _-------- ---------- C 1 S 61'00'E 59.0' BEN GUNN ROAD 50'RIGHT-OF-WAY) 33'TO TREASURE ISLAND DR REF: M.B. 31, PG. 53 0 40 80 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN SCALE:1"=40' EXISTING BLOCK BULKHEAD AND A PROPOSED ENGINEERING SERVICES PROVIDED BY: VINYL BULKHEAD AND TIMBER PIER STONE GREEN CONSULTING, LLC FOR: DENISE D. CLARKE,TRUSTEE OF THE DENISE D. CLARKE 4014 MEDINA ROAD #1015, AKRON, OH 44333 REVOCABLE TRUST (330)400-3811 COA:0407008328 4300 BEN GUNN ROAD,VIRGINIA BEACH,VA 234SS BAYLAKE PINES SECTION 1 LOT 40 BLOCK 1 k. M.B. 31, PG. 53 MAY 1, 2025 PAGE 1 OF 2 CLARKE ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. is 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION E OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR GENCIES. CURVE ENGTHI CHORD LENGTH I CHORD HEARING DfLTA ANGLE I TANGENT LENGTHI C Cl 1000.0'. 41.35' 41.35' S 66`13'3 "E 2°22'09" 1 20.68' WIDYµ M.8.3I PC.53 LAKEJDYCE I ,q9.0'VINYL BULYHEAO NOW OR FORMERLY ( PROPOSED 100'OF VINYL BULKHEAD CITY OF VIRGINIA BEACH 10.5' PROPOSED TO BE CONSTRUCTED 2'SEAWARD LAKEJOYCE TIMBER PIER OF EXISTING BLOCK WALL D.B.1018 P. 154 OHW AT EX15i1NG GPIN: 1570-80-2438 61' BULKHEAD D 39 o OF APO Mh EX.VINYL BULKHEAD W �lJ OF APO if 6 S} (FI 1 � Q, 1 LOT 41 NOW OR FORMERLY 0 PAVER MARYJ.CLARKE i1 PATIO GPIN: 1479-99-0217 w; DECK o INST:202503005217 =01 1 '+ M.B.31,PG. 53 ti LOT 39 �,3 LOT 40 ' NOW OR FORMERLY NOW OR FORMERLY o nl KAREN K.LEHMAN ze DENISE D.CLARKE RT 'o GPIN: 1479-89-8325 GPIN: 1479 89 93 I 1 ;N INST:202203036860 !1 INST:202503007726 'z M.B.31,PG. S3 ! M.B.31,PG.53 CCINC DRIVE 1 PROPOSED ! IMPROVEMENTS _-- PIN(F( -- C1 S61'00'E 59.0' BEN GUNN ROAD 50'RIGHT-OF-WAY 33'TO TREASURE ISLAND DR REF: M.B. 31, PG. 53 0 40 80 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN SCALE:1"=40' EXISTING BLOCK BULKHEAD AND A PROPOSED ENGINEERING SERVICES PROVIDED BY: VINYL BULKHEAD AND TIMBER PIER STONE GREEN CONSULTING, LLC FOR: DENISE D.CLARKE,TRUSTEE OF THE DENISE D.CLARKE 4014 MEDINA ROAD##1015,AKRON, OH 44333 REVOCABLETRUST (330)400-3811 COA:0407008328 4300 BEN GUNN ROAD,VIRGINIA BEACH,VA 234S5 BAYLAKE PINES SECTION 1 LOT 40 BLOCK 1 M.B. 31, PG.53 MAY 1, 2025 PAGE 2 OF 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of 1 , 20_aby and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DENISE D. CLARKE, TRUSTEE OF THE DENISE D. CLARKE REVOCABLE TRUST, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that .certain lot, tract, or parcel of land designated and described as "Lot 40, Block 1", as shown on that certain plat entitled "SUBDIVISION NO. 1 BAYLAKE PINES" , which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4300 Ben Gunn Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing 96.2' block bulkhead and to construct and maintain a 10' x 16' timber pier and 100' vinyl bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Joyce, collectively, the "Encroachment Area"; and GPINs: 1570-80-2438 (CITY PROPERTY LAKE JOYCE) 1479-89-9311 (4300 BEN GUNN ROAD) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' -- ENCROACHMENT REQUEST FOR AN EXISTING BLOCK BULKHEAD AND A PROPOSED VINYL BULKHEAD AND TIMBER PIER FOR: DENISE D. CLARKE, TRUSTEE OF THE DENISE D. CLARKE REVOCABLE TRUST 4300 BEN GUNN ROAD, BAYLAKE PINES SECTION 1 LOT 40 BLOCK 1 M.B. 31, PG. 53," Scale: 1" = 40', dated May 1, 2025, prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor 2 Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 4300 Ben Gunn Road, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 4300 Ben Gunn Road. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 3 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 4 manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, DENISE D. CLARKE, TRUSTEE OF THE DENISE D. CLARKE REVOCABLE TRUST, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Cleric. 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 20_, by _ , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 f DENISE D. CLARKE, TRUSTEE OF THE DENISE D. CLARKE REVOCABLE TRUST By: DEN D. CLA KE, Trustee STATE OF CITY/COUNTY OFF n►a Bec•��j , to-wit: The foregoing instrument was acknowledged before me this q �' day of 202-4 by DENISE D. CLARKE, Trustee of the Denise D. Clarke Revocable Trust. (SEAL) Notary Public `t,ty1pt11IIIIf1I• , .`°�5�4EE RAF '•,,'• Notary Registration Number: Sowo0 Y �\' NOTARY o��•••' My Commission Expires: _ J 30/ 2 _ ` R�� Oil6078 ; - e MY COMMM ON; = n EXPIRES ' 9,U2427 io'2 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS LJREAL ESTATE LUCIA WHITLOW CITY ATTORNEY 7 20 K.4 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to CARRY FORWARD and APPROPRIATE$3,452,091 into the FY 2026-27 Operating Budget re purposes previously approved in FY 2025-26 Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $3,452,091 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2025-26 INTO THE FY 4 2026-27 OPERATING BUDGET 5 6 WHEREAS, funding totaling $3,452,091 were unexpended at the close of Fiscal 7 Year 2025-26 and require re-appropriation to achieve the purposes for which such funds 8 were included in the FY 2026-27 Operating Budget. 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA THAT: 12 13 $3,452,091 is hereby appropriated in the FY 2026-27 Operating Budget for the 14 purposes and amounts as set forth in the attachment entitled "Exhibit A- FY 2025-26 15 Items Requested for Carry Forward into FY 2026-27," with a corresponding increase in 16 revenue from each respective fund stated therein. 17 Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of September , 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget cn id M it Service 7ityy's Office CA17293 R-1 August 18, 2026 Exhibit A:FY 2025-26 Items Requested for Carry Forward into FY 2026-27 Department Amount Purpose' Aquarium $473,134 Security Camera Expansion Non Departmental $5,000 Community Organization Grant City Manager's Office $83,750 VB Safety Task Force Facilitation Fire $136,650 Command and Control Replacement General Government $366,000 Atlantic Park Flood Protection Dedication Non Departmental $294,725 Lease Payment Parks and Recreation $155,020 City Parks Security Camera Installation Police $240,676 Software Maintenance Annual Fees Public Works $240,000 Message Signs&Drones Public Works-Stormwater Dedication $300,000 Capital Equipment-BMP and ditch maintenance Public Facilities $35,000 Court Cell Phone Pouches Voter Registration $705,963 Funding for August Primary Election General Fund $3,035,917 Convention and Visitors Bureau $90,000 Tourism Development Plan Tourism Advertising Program Fund $90,000 Public Works $1S0,000 Costs associated with the fleet management transition from Mancon Parts City Garage Internal Service Fund $150,000 s Sheriff $176,174 June Medical Contract Sheriff's Office Special Revenue Fund $176,174 $3,452,091r 21 K.5 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE $53,870 from the General Fund Reserve for Contingencies to the Non-Departmental Section FY 2026-27 Operating Budget re award a grant to the Great Neck Athletic Association for the Virginia Beach Youth Tackle Football League (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Cummings and Jackson-Green) Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, COUNCILMEMBERS CUMMINGS AND JACKSON-GREEN 1 AN ORDINANCE TO AUTHORIZE A $53,870 GRANT 2 TO THE GREAT NECK ATHLETIC ASSOCIATION FOR 3 THE VIRGINIA BEACH YOUTH TACKLE FOOTBALL 4 LEAGUE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT- 8 9 $53,870 is hereby transferred from the General Fund Reserve for Contingencies to 10 the Non-Departmental Section of the FY 2026-27 Operating Budget to award a grant to 11 the Great Neck Athletic Association for the Virginia Beach Youth Tackle Football League. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of September 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 � { udget n Management Services City Attorney's Office CA17295 R-2 August 26, 2026 22 K.6 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Resolution to APPROVE the FY-2027 Performance Contract with the Commonwealth of Virginia and ACCEPT and APPROPRIATE $262,235 from the Virginia Department of Behavioral Health and Development Services to the FY 2026-27 Human Services Operating Budget re Mental Health, Developmental and Substance Use Disorder Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 1 A RESOLUTION TO APPROVE A CONTRACT WITH THE 2 COMMONWEALTH OF VIRGINIA FOR MENTAL HEALTH, 3 DEVELOPMENTAL, AND SUBSTANCE USE DISORDERS, 4 AND TO ACCEPT AND APPROPRIATE STATE FUNDS 5 6 WHEREAS, the Virginia Department of Behavioral Health and Developmental 7 Services provides funding for mental health, developmental, and substance use disorder 8 services through a performance contract with local community services boards; 9 10 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 11 Virginia mandated minimum local match share for these services; and 12 13 WHEREAS, the Virginia Beach Community Service Board, at their August 13, 2026 14 meeting, approved the FY 2027 Performance Contract between the Virginia Beach 15 Community Service Board and Commonwealth of Virginia. 16 17 NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 18 VIRGINIA, THAT: 19 20 1. The City Council hereby approves the Fiscal Year 2027 Performance Contract with 21 the Commonwealth of Virginia, a summary of which is attached as Exhibit A, for a 22 period concluding June 30, 2027. 23 24 2. In accordance with the Performance Contract, $262,235 is hereby accepted from the 25 Virginia Department of Behavioral Health and Developmental Services and 26 appropriated, with revenues increased accordingly, to the FY 2026-27 Operating 27 Budget of the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of September 2026. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City ttorney's Office CA-17294 R-1 August 19, 2026 FY 2027 Performance Contract Financial Summary Virginia Beach Human Services Mental Health Services FY 2027 Beginning FY 2027 Transfers FY2027 FY2027Ending Balance FY 2027 Revenues In/Out Expenditures FY 2027 Refunds Balance Fund Type State Funds $0.00 $15,451,656.50 $1,463,630.23 $16,915,273.00 $0.00 $15.73 Local Matching Funds $0.00 $16,459,369.47 $0.00 $16,459,369.47 $0.00 $0.00 Fees $0.00 $5,190,592.00 $0.00 $5,190,592.00 $0.00 $0.00 FederalFunds $0.00 $359,166.59 $0.00 $359,166.59 $0.00 $0.00 Other Funds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Funds $0.00 $37,460,786.56 $1,463,630.23 $38,924,401.06 $0.00 $25.73 Developmental Services FY 2027 Beginning FY2027Transfers FY2027 FY2027Ending Balance FY 2027 Revenues In/Out Expenditures FY 2027 Refunds Balance Fund Type State Funds $0.00 $3,379,007.75 $0.00 $3,379,007.75 $0.00 $0.00 Local Matching Funds $0.00 $11,049,287.67 $0.00 $11,049,267.67 $0.00 $0.00 Fees $0.00 $21,312,180.00 $0.00 $21,312,180.00 $0.00 $0.00 Federal Funds $0.00 $537,669.00 $0.00 $537,669.00. $0.00 $0.00 Other Funds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Funds $0.00 $36,278,144.42 $0.00 $36,278,144.42 $0.00 $0.00 Substance Use Disorder Services FY 2027 Beginning FY 2027 Transfers FY2027 FY2027Ending Balance FY 2027 Revenues In/Out Expenditures FY 2027 Refunds Balance Fund Type Slate Funds $0.00 $3,040,557.37 $0.00 $3,040,557.37 $0.00 $0.00 Local MatchingFun4s $0.00 $3,740,890.11 $0.00 $3,740,890.11 $0.00 $0.00 Fees $0.00 $904,084.00 $0.00 $904,084.00 $0.00 $0.00 FederalFunds $0.00 $1,872,682.14 $0.00 $1,872,682.14 $0.00 $0.00 Other Funds $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 Total Funds $0.00 $9,558,213.62 $0.00 $9,558,213.62 $0.00 $0.00 Local Match Calculation Total State Funds $23,334,853.85 Compensation Increase Adjustment $1,475,332.00 Regional Funding Expended On Behalf of the Region $0.00 Part C State Funds $1.730,759.00 Total Local Funds $31,249,547.25 Total Adjusted State and Local Funds $51,378,310.10 Local Match Percentage 60.82% 23 K.7 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the Virginia Beach City Public Schools FY 2026-27 Operating Budget and Capital Improvement Plan (Requested by School Board) Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 REQUESTED BY THE VIRGINIA BEACH SCHOOL BOARD 1 AN ORDINANCE TO AMEND TO THE VIRGINIA BEACH 2 CITY PUBLIC SCHOOLS FY 2026-27 OPERATING 3 BUDGET AND CAPITAL IMPROVEMENT PROGRAM 4 5 WHEREAS, the FY 2026-27 Operating Budget and Capital Improvement Program 6 (CIP) was adopted by the City Council on May 12, 2026; and 7 8 WHEREAS, as a result of the state budget amendments and additional local 9 revenue estimates, the Virginia Beach School Board adopted two resolutions on August 10 11, 2026 to amend their Adopted FY 2026-27 Operating Budget and CIP to include these 11 additional revenues; and 12 13 WHEREAS, appropriations of funds must be approved by the City Council prior to 14 expenditure of funds by the School Board; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1) $10,942,359 is hereby accepted from the Commonwealth and appropriated, 20 with revenue increased accordingly, to the FY 2026-27 Operating Budget of 21 Virginia Beach City Public Schools for Special Ed Add-on, Compensation 22 Supplements, Infrastructure, and Operations Per Pupil Allocation, At-Risk 23 Standards of Quality, and State Sales Tax. 24 25 2) $3,000,000 is hereby accepted from the Commonwealth and appropriated, with 26 revenue increased accordingly, to the FY 2026-27 Operating Budget of Virginia 27 Beach City Public Schools and transferred as pay-as-you-go funding to the FY 28 2026-27 CIP. A corresponding reduction of $3,000,000 in previously 29 authorized but unissued Public Facility Revenue Bonds is hereby reduced in 30 the aforementioned CIP. 31 32 3) $183,800 is hereby appropriated, with revenue increased accordingly, to the 33 FY 2026-27 Operating Budget of Virginia Beach City Public Schools, within the 34 School Athletic Fund, to support increases in postseason coaching 35 supplements, event security, and contracted services. 36 37 4) $1,716,390 is hereby appropriated, with pay-as-you-go funding increased 38 accordingly, to the FY 2026-27 School Capital Improvement Program- Capital 39 Project #601018 "Renovations and Replacements - HVAC III". Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of September .3 2026. Requires an affirmative vote by a majority of all of the members of the City Council. z APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Off-ice of fhe City Attorney CAI 7296 R-1 August 20, 2026 24 K.8 ORDINANCES/RESOLUTIONS Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$5-MILLION in pass- through revenue from the Commonwealth to the City of Virginia Beach Development Authority re contribution to the Atlantic Park Development Project and DIRECT the City Manager to ENTER into a Memorandum of Understanding (MOU) with the Secretary of Commerce and Trade for the Commonwealth Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $5,000,000 IN PASS-THROUGH REVENUE FROM THE 3 COMMONWEALTH TO THE CITY OF VIRGINIA BEACH 4 DEVELOPMENT AUTHORITY FOR THE ATLANTIC PARK 5 DEVELOPMENT PROJECT AND DIRECTING THE CITY 6 MANAGER TO ENTER INTO A MEMORANDUM OF 7 UNDERSTANDING WITH THE SECRETARY OF 8 COMMERCE AND TRADE FOR THE COMMONWEALTH 9 10 WHEREAS, pursuant to Item 101 (T) of Chapter 1 of the 2026 Virginia Acts of 11 Assembly, Special Session I the Commonwealth of Virginia appropriated $5,000,000 to 12 the Secretary of Commerce and Trade of the Commonwealth of Virginia for expansion or 13 facilitation of the Development of Atlantic Park; 14 15 WHEREAS, State pass-through funding is contingent upon the City of Virginia 16 Beach acting as the entity responsible for disbursement of funds and establishment of a 17 Memorandum of Understanding between the City of Virginia Beach and Secretary of 18 Commerce and Trade; and 19 20 WHEREAS, the City of Virginia Beach Development Authority ("VBDA") is 21 statutorily authorized to provide the funds received from the State to the ultimate recipient, 22 and as such City Council desires to appropriate the State funds to the VBDA. 23 24 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 25 VIRGINIA, THAT: 26 27 1) $5,000,000 is hereby accepted from the Commonwealth and appropriated, with 28 estimated state revenues increased accordingly, to the City of Virginia Beach 29 Development Authority for the purpose of passing through the State 30 contribution to the Atlantic Park development. 31 32 2) The City Manager is hereby directed to enter into a Memorandum of 33 Understanding with the Secretary of Commerce and Trade to obtain the pass- 34 through contribution from the Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 st day of September 2026. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: '�'O PRO�ED AS TO LEGAL SUFFICIENCY: B dget and Management Services orney's Office CA17297 R-1 August 25, 2026 25 L.1 •PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS MODIFIED,AS CONDITIONED, BY CONSENT, application of THE CHURCH IN VIRGINIA BEACH for a Modification of Conditions to Conditional Use Permit re religious use at 5263 Greenwich Road DISTRICT 1 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THE CHURCH IN VIRGINIA BEACH for a Modification of Conditions to Conditional Use Permit re religious use at 5263 Greenwich Road (GPIN 1467635850) DISTRICT 1 The following conditions shall be required: 1. All previous conditions attached to the Conditional Use Permit for the property located at 5263 Greenwich Road of October 7, 2025, shall be voided and replaced with the following conditions below. 2. The total lot area is 1.59 acres. This lot area is a deviation from the 3-acre minimum lot area required by the City Zoning Ordinance. 3. When the site is developed, it shall be in substantial conformance with the submitted conceptual site layout exhibit entitled, "Conceptual Site Plan Parcel A- 1", prepared by WPL, LLC, dated 01/20/2026, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. A Landscape Plan shall be submitted and approved by the Planning/Development Services Center prior to the final site plan approval. 5. The building will be constructed in substantial conformance with the submitted rendering entitled "The Meeting Hall of The Church in Virginia Beach", prepared by Connecting Spaces LLC, dated 7/14/2026 which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 6. The maximum number of occupants within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 7. The proposed freestanding sign shall be in substantial conformance with the submitted rendering entitled "Proposed Sign Rendering for The Church in Virginia Beach 5263 Greenwich Rd", which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. September 1, 2026 26 L.1 PLANNING (Continued) 8. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 9. All outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted for review and approval, in accordance with Sections 252 & 254 of the Zoning Ordinance, at the time of site plan review. 10. Any dumpster enclosure shall be restricted to locations acceptable to City Staff and shall comply with all screening requirements outlined in the City of Virginia Beach Landscape Guide. 11. A 5-foot-wide sidewalk with an ADA-compliant ramp shall be constructed along the west side of the site's driveway entrance. If relocation of the existing communication pedestal is not feasible, a reduced sidewalk width may be permitted in that area, subject to the review and approval of the Director of Planning & Community Development. 12. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15Y day of September, Two Thousand Twenty Six. Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 M C A 02 O 02 . .,0 ® site The Church in Virginia Beach Zoning 5263 Greenwich Road F Property Polygons Feet 0 25 50 100 150 200 Map created by Planning Department on 8/11/2026 27 L.2 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS MODIFIED,AS CONDITIONED, BY CONSENT, application of STEPHANIE L. MARTIR-HOUCK for a Modification of Conditions to a Subdivision Variance re construct an addition to the existing single-family home at 4121 Charity Neck Road DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA STEPHANIE L. MARTIR-HOUCK for a Modification of Conditions to a Subdivision Variance re construct an addition to the existing single-family home at 4121 Charity Neck Road (GPIN 2411538382) DISTRICT 2 The following conditions shall be required: 1. All previous conditions attached to the Subdivision Variance for the property located at 4121 Charity Neck Road of November 14, 1995, shall be voided and replaced with the following conditions below. 2. A deed shall be put to record vacating the cross-access easement. 3. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1st day of September, Two Thousand Twenty Six. Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 0 t U AG2 z AG2 i U AG2 ® site Stephanie L. Martir-Houck p zoning 4121 Charity Neck Road W 5 F Property Polygons Feet 0 20 40 80 120 160 Map created by Planning Department on 8/11/2026 28 L.3 PLANNING The following registered to speak: Shakilah Verner, Applicant, 5167 Westerly Drive, Phone: 807-0416, spoke in SUPPORT Stephanie Scott, 4928 Euclid Road, Phone: 477-1538, registered to speak via WebEx but had technical difficulties and could not be heard Upon motion by Council Member Ross-Hammond, seconded by Council Member Cummings, City Council APPROVED,AS PROFFERED, application of SHAKILAH VERNER for a Conditional Change in Zoning from R-7.5 Residential to Conditional District A-12 Apartment District re construct a duplex at 4916 Euclid Road DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA SHAKILAH VERNER for a Conditional Change in Zoning from R-7.5 Residential to Conditional District A-12 Apartment District re construct a duplex at 4916 Euclid Road (GPIN 1477136034) DISTRICT 4 The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15t day of September, Two Thousand Twenty Six. Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 Prepared by: Grady A, Palmer,(VSB 11,15730) Williams Mullen 222 Central Park,Ave. Suite 1701 Virginia Beach,VA 23462 Shakilah Verner, a Virginia Beach resident TO (PROFFERED COVENANTS, RESTRIC"PIONS, ANN CONDITIONS) CITY OF VIRGINIA BEAU1, a municipal corporation of the Commonwealth of Virginia GPIN: 14771360340000 AGREEMENT '111IS AGREEMI N"I'("Agreement") is made as of the day of �C ,2026, by and between SHAKILAH VERNER, (together with its successors and/o assigns, the "Grantor"), to be indexed as grantor, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (tile "Grantee"; together with the owner, collectively, the"Parties" to be indexed as grantee. WITNESSETH: WHEICI AS, Grantor is the current owner of that certain parcel located in the City of Virginia Beach, Virginia identified by GPIN No. 14771360340000,as more particularly described in F,xhibit A attached liereto and incorporated herein by reference(the "Property"); WHELREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of tine Property from R 7.5 Residential District to Conditional A-I2 Apartment District; WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to (lie public licaring before the Grantee,the following conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, to be incorporated as a part of the previously adopted amendment to the Zoning Map; WHEREAS, said conditions having been proffered by the Grantor aad allowed and accepted by the Grantee as part of file amendment to the Zoning Ordinance, such conditions shall continue in frill force and effect until a subsequent amendment changes tie zoning on the Property covered by such conditions;provided, however, that such conditions shall continue I despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of tite City of Virginia Beach, Virginia and executed by the record ownc).of the subject Property at the time of recordation of such instrument; provided,fiirther, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee,after a public bearing before tine Grantee advertised pursuant to (lie provisions of tine Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, NOW THEREFORE, the GraEutor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes (lie following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and liereby covenants and agrees that these proffers(collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor,its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely; l. Upon development, the Property shall adhere to the site layout,parking configuration, building design, setbacks, dimensions, sidewalk, and landscaping as generally shown and described in the exhibit titled "Conceptual Site Plan for Duplex 4916 Euclid Road," dated 07/06/2026 prepared by CECS (tile "Concept Plain"). 'nis Concept Plan leas been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development, incorporated herein by reference. 2 2. When the Property is developed, it will have no more than one duPJex with each unit containing a minimum of 2,000 square feet of enclosed living area. The duplex units as depicted on the Concept Plan shall have front-entry one (1) car garages and one driveway per unit. Tile duplex shall utilize quality architectural features, design elements, and exterior building materials substantially as depicted and described on the building renderings for 4916 Euclid Road dated 06/01/2026, which have been incorporated by reference into this proffer. 3. In lieu of the 30% maximum lot coverage, 1Oft side yard setback and a Category IV landscape screening, and the 10,000 sq ft minimum lot area in the A-12 zoning classification for duplex dwellings pursuant to Section 602(b) and 603 of the Zoning Ordinance, (35%) maximum lot coverage, 5ft side yard setback and a 5 ft landscape buffer on the eastern and western property lines with the plantings depicted on the Concept Plan, and 7,744 sq ft minimum lot area, will be permitted to allow improvements depicted on the Concept Plan. 4. Grantor shall cause the Property to comply with Appendix B of the City Code as it relates to the conveyance of land recorded at DB 728 PG 468 prior to the approval of the site plan for the duplex. 5. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia "C( ZO„), ill force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, 3 including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. This Agreement constitutes the lull and entire agreement between the Parties with regard to the subject matter hereof and supersedes any other prior promises, representations or warranties(oral or otherwise) made by any person. IN WITNESS WHEREOF, the Parties have authorized and duly executed and delivered this Agreement as of the date first above written. GRANTOR: Shakilah r er COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing Agreement was acknowledged before me in the jurisdiction aforesaid this`JJP44' day of 'Sul!j , 2026, by Shakilah Verner. My commission expires: �Uyyt 30j o'140'� 9 Notary Registration No.: 4Lf 4 Notary Public TAI LESHA COLEMAN Notary Public Commonwealth of VIrginta Registration No.00354594 Mji Commission Expires Jun 30, 2029 5 Exhibit A ALL THAT certain lot,piece or parcel of laird,situate in the City of Virginia Beach, State of Virginia, being known,numbered, and designated as Lot Four(4), in Block One(1),as shown on the plat of Pocahontas Village,which plat is dttly recorded in the Clerk's Office of the Circuit Court of the Cite of Virginia Beach, Virginia in Map Rook 48, at Page 7, save and except the northwesterly 2.56 Feet thereof which was conveyed by deed recorded in the aforesaid Clerk's Office in Deed hook 728,at page 468. 6 R7.5 �y �O F� R`7�5 �E¢�R R7.5 ou o R7.5 ® site Shakilah Verner 0 zoning 4916 Euclid Road t: Property Polygons Feet 0 12.5 25 50 75 100 Map created by Planning Department on 8/11/2026 29 L.4 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of UNIQUE HEARTS, LLC/VB IBC GROUP, LLC&CPG INDEPENDENCE LLC for a Conditional Use Permit re adult daycare at 408 Investors Place, Suite 107 DISTRICT 3 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA UNIQUE HEARTS, LLC/VB IBC GROUP, LLC&CPG INDEPENDENCE LLC for a Conditional Use Permit re adult daycare at 408 Investors Place, Suite 107 107 (GPIN 1477507183) DISTRICT 3 The following conditions shall be required: 1. The Conditional Use Permit for the Adult Daycare facility shall be limited to operate in 408 Investors Place, Suite 107. 2. Any future site or building modifications should be reviewed for consistency with the Local Center (Edge) Place Type, including improved sidewalk connections, clearly marked pedestrian routes, safe separation between vehicular and pedestrian circulation, bicycle parking near the entrance, and appropriate landscaping, lighting, and screening where applicable. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Adult Daycare facility. 4. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 6. City Ordinances and Standards remain applicable to this property. Any site plan submitted with this application must meet all applicable City Codes and Standards before site plan approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1st day of September, Two Thousand Twenty Six. September 1, 2026 30 L.4 PLANNING (Continued) Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 SO(JTHPOR-' / l q� A36 ��oFti 11 cF �q 02 B3 ��.� s�tio .� 02 �Z FA16 Q do Ftio� e��G ® site Unique Hearts, LLC u Zoning 408 Investors Place, Suite 107 W e (� Property Polygons s Feet 0 55 110 220 330 440 Map created by Planning Department on 8/17/2026 31 L.5 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of CASA DE NUEVOS COMIENZOS/ TRC CENTER LLC for a Conditional Use Permit re religious use at 230 Clearfield Avenue, Suite 103 DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CASA DE NUEVOS COMIENZOS/TRC CENTER LLC for a Conditional Use Permit re religious use at 230 Clearfield Avenue, Suite 103 (GPIN 1467655795) DISTRICT 4 The following conditions shall be required: 1. The Conditional Use Permit for a Religious Use applies solely to 230 Clearfield Avenue, Suite 103. 2. The maximum number of occupants within the building shall not exceed the number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. 4. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 5. Any dumpster enclosure shall be restricted to locations acceptable to City Staff and shall comply with all screening requirements outlined in the City of Virginia Beach Landscape Guide. 6. A bike rack shall be installed at or near the main entrance of the property. 7. The hours of operation shall not exceed Monday through Friday from 7:00 p.m.to 10:00 p.m., Saturdays from 9:00 a.m.to 1:00 p.m., and Sundays from 9:00 a.m.to 2:00 p.m. 8. City Ordinances and Standards remain applicable to this property. Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. September 1, 2026 32 L.5 PLANNING (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1st day of September, Two Thousand Twenty Six. Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 Irylq B�Rch c' o B2(WC) "' R7.5 U.0 B2(.W. ,C:) A1y CN i B2 11 °sT a c'11_1L a . ® site Casa de Nuevos Comienzos CQ zoning 230 Clearfield Avenue, Suite 103 Property Polygons Feet 0 70 140 280 420 560 Map created by Planning Department on 8/17/2026 33 L.6 PLANNING The following registered to speak: Pamela Hinton, Applicant, 1543 Amberley Forest Road, Phone: 778-0793, spoke in SUPPORT Faye York, 3626 Orange Street, Norfolk, Phone: 408-2306, spoke in SUPPORT Ava Lawhorn, 3705 Northtree Place, Phone: 589-2650, did not respond Gregory Meyer, 3556 Shore Drive, Phone: 572-8522, spoke in SUPPORT Posie Jones, 1049 Bolling Avenue, Phone: 412-9897, spoke in SUPPORT Upon motion by Council Member Rouse, seconded by Council Member Remick, City Council APPROVED, AS CONDITIONED, application of PAMELA HINTON /TINY ROOT LEARNING CENTER, LLC / CONNEMARA ASSOCIATES, LLC for a Conditional Use Permit re childcare education facility at 1543 Amberley Forest Road DISTRICT 10 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA PAMELA HINTON/TINY ROOT LEARNING CENTER, LLC/ CONNEMARA ASSOCIATES, LLC for a Conditional Use Permit re childcare education facility at 1543 Amberley Forest Road (GPIN 1485273852) DISTRICT 10 The following conditions shall be required: 1. The Conditional Use Permit for a Childcare Education Center applies solely to 1543 Amberly Forest Road. 2. The hours of operation shall be 6:00 a.m. to 6:00 p.m., Monday through Friday. 3. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Should said license be terminated or expire, the property owner shall notify the Department of Planning within 30 days of termination or expiration. 4. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the building as a Child Care Education Center. 5. The Childcare Education Center shall be limited to a total of twenty-five (25) children. 6. The applicant shall install a bicycle rack on the site prior to obtaining the Certificate of Occupancy. 7. City Ordinances and Standards remain applicable to this property.Any site plan/plat submitted with this application must meet all applicable City Codes and Standards before site plan/plat approval will be granted.All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. September 1, 2026 34 L.6 PLANNING (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach,Virginia, on the 1st day of September, Two Thousand Twenty Six. Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 ��FN IVIV pKW Y l PDH1 PDH1 CYNNHA�FNp Kwy, C YNN H�pRTys�p o C .Cly r- NN ww O W PDH�1 J m PDH1 PDH1 w w NoRTyTREE p4 � 2 PDH1 _.. _ ® site Pamela Hinton, Tiny Root Learning Center LLCM p zoning 1543 Amberly Forest Road "' i� ' Property Polygons Feet 0 20 40 80 120 160 Map created by Planning Department on 8/11/2026 35 L.7 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,ALTERNATE VERSION, BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Section 2303 re short term rental parking requirements (Deferred from August 11, 2026) Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 ALTERNATE VERSION REQUESTED BY VICE-MAYOR WILSON AND COUNCILMEMBERS REMICK, SCHULMAN AND HENLEY 1 AN ORDINANCE TO AMEND SECTION 2303 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SHORT TERM RENTAL 4 PARKING REQUIREMENTS 5 6 Section Amended: § 2303 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 2303 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 2303. — Use regulations.. 18 19 (a) Subject to general requirements and to the regulations of the underlying 20 zoning district, all uses and structures permitted as principal, conditional or 21 accessory uses in the underlying zoning district in which they are located shall be 22 so designated within the Short-term Rental Overlay Districts. 23 24 (b) Short-term rental overlay. 25 a. Short-term rentals in a STR Overlay District shall be in compliance with 26 the requirements of Section 241.2 as modified as follows: 27 28 i. Add to condition (1): Parking spaces created to comply with this 29 condition shall not add additional impervious area to the site. Area within a 30 residential garage may be used for no more than one (1) required space 31 provided the available area within the garage meets the dimensional 32 requirements of this article used for required parking. Driveway area 33 located within the city right-of-way may be utilized to meet the parking 34 requirement provided there is no traffic impact and the location of the 35 parking space does not block vehicular traffic or an existing sidewalk. 36 Leasing public parking spaces within garages to meet the parking 37 requirement is not permitted; however, where the lease of such spaces is 38 part of a parking plan approved prior to September 1 2026 the utilization 39 of such spaces may continue. 40 41 ii. Add to condition (1): There are certain condominium properties that 42 have historically operated as short-term lodging units and have not 43 experienced any inconvenience to guests or the surrounding area without 44 the required one (1) parking space per bedroom. Further, such properties 45 are unable to provide the required parking on-site. For these condominium 46 properties, the zoning administrator may, at his discretion, require one (1) 47 parking space per dwelling unit similar to the requirement for lodging uses 48 in the Oceanfront Resort District Form Bases Code (ORDFBC). Such 49 properties must provide written evidence of their past use and the Zoning 50 Administrator shall find that there is no public inconvenience with the 51 current parking design. 52 53 .... 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day 56 of September , 2026. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning Department Clity Attorney's Office CA17095 R-2 August 25, 2026 36 L.8 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Section 241.2 re short term rentals Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 37 L.9 PLANNING Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance to AMEND the Official Zoning Map by designation and reduction of property located in the Oceanfront Resort Short Term Rental Overlay District Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond,Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 38 M. APPOINTMENTS BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD September 1, 2026 39 M. APPOINTMENTS (Continued) Upon nomination by Vice Mayor Wilson, City Council APPOINTED and/or REAPPOINTED the following: BAYFRONT ADVISORY COMMISSION Appointed: William A. Shield Three year term 9/1/2026—8/31/2029 BEACHES AND WATERWAYS ADVISORY COMMISSION Reappointed: Robert Mandigo—Represents District 1 Three year term 10/1/2026—9/30/2029 CLEAN COMMUNITY COMMISSION Appointed: Latika Prasadh —Junior High School Student Member Student term 9/1/2026—6/30/2027 GREEN RIBBON COMMITTEE Appoined: Bailey Wilkins Gillian Tang High School Student Members Student term 9/1/2026—6/30/2027 WETLANDS BOARD Appointed: Stephen B. Ballard— Represents Full Member Five year term 9/1/2026—8/31/2031 Voting: 11—0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Robert M. "Bobby" Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth" Remick, Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash" Schulman and Rosemary C. Wilson September 1, 2026 40 NEW BUSINESS Council Member Rouse wished Vice Mayor Wilson and Council Member Henley happy birthday. September 1, 2026 41 ADJOURNMENT Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:39 P.M. Terri H. Chelius ' Chief Deputy City Clerk 17/ Amanda Barnes, MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia September 1, 2026 42 OPEN DIALOGUE The following registered to speak: Dennis Jemison—did not respond Cameron Dye, 1901 Windjammer Court, Phone: 362-7101, expressed his concern that flock cameras may be misused Stephen Jones, 3213 Nansemond Loop, Phone: 805-0615, expressed his concern that he contacted the Public Works Department to report debris in public roadways but has not been called back Mark Michielson, 1261 North Muddy Creek Road, Phone: 406-4513, requested City Council update City Code 38-3 regarding gun safety laws as the density has changed in the southern part of the City Craig Henson, 1825 Garden Drive, Phone: 201-0744, explained where there are several areas along Virginia Beach Boulevard, London Bridge Road and Brittle Avenue that do not have sidewalks and do not meet ADA compliancy requirements ADJOURNED at 6:51 P.M. September 1, 2026