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12-10-19 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL C,iNI+'BEq MAYOR ROBERT M. "BOBBY"DYER,At Large J�4 c+StL VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 4 JESSICA P.ABBOTT,Kempsville-District 2 MICHAEL F.BERLUCCHI,Rose Hall-District 3 7 � ; : j i y BARBARA M.HENLEY,Princess Anne-District 7 • 'r.' • LOUIS R.JONES,Bayside-District 4 JOHN D.MOSS,At Large •�� AARONR.ROUSE,At Large °' .000"' GUYK.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE ACTING CITY MANAGER-THOMAS L.LEAIIY VIRGINIA BEACH, VIRGINL4 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR December 10,2019 FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING -Conference Room- 1:00 PM A. AN ACHIEVABLE DREAM/REVERSION FUNDS Kevin Chatellier, Co-Acting Director—Budget and Management Services Jonathan Hobbs, Co-Acting Director—Budget and Management Services Farrell Hanzaker, Chief Financial Officer—Schools II. CITY MANAGER'S BRIEFINGS A. COMPREHENSIVE ANNUAL FY19 FINANCIAL REPORT (CAFR) and GENERAL FUND UPDATE Alice Kelly, Director—Finance B. SMALL CELL DESIGN GUIDELINES AND CODE CHANGES Emily Archer, Senior Planner III/Urban Designer—Strategic Growth Area Office Kay Wilson, Deputy City Attorney III. CITY COUNCIL DISCUSSION A. COUNCIL MEMBER SPONSORED SPECIAL FORUMS AND EVENTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Pastor Kris Hassanpour Anchor Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CEREMONIAL OATH OF OFFICE: VIRGINIA BEACH CITY COUNCIL The Honorable Tina E. Sinnen, Presiding Virginia Beach Circuit Court Clerk Michael F. Berlucchi District 3 —Rose Hall Guy K. Tower District 6—Beach F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS December 3, 2019 H. MAYOR'S PRESENTATION FEMA COMMUNITY RATING SYSTEM Zane Hadzick, CFM Mitigation Planning Specialist—FEMA Region III I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE five(5)parcels of City Property at the intersection of Burton Station and Tolliver Roads in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Seniors Unlimited Lifestyles, Inc. re affordable senior and disabled housing 2. Resolutions to SUPPLEMENT the City's 2020 Legislative Agenda: a. CHANGE the public notice requirements re Planning Commission meetings (Requested by Mayor Dyer) b. AMEND the State Code re temporary detention orders (Requested by Vice Mayor Wood) 3. Resolution to SUPPORT Traffic Incident Management Legislation in the 2020 Virginia General Assembly Session 4. Ordinance to ADD Section 6-2.1 to the City Code re prohibit tents, shelters, or structures on beach between 8:00 PM—8:00 AM 5. Ordinance to EXTEND the date to satisfy the conditions re closure of a 9,812 square foot unimproved portion of Potomac Street 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Purchase Agreement between the City of Virginia Beach and Princess Anne Hotel, LLC,re sale of city property at the intersection of Princess Anne Road and Community College Place 7. Ordinances to DESIGNATE as EXEMPT re Real and Personal Property Taxes: a. 99ForThel b. African American Cultural Center, Inc. c. Cornerstone Property Ventures, LLC d. Courthouse Area Charity e. DC Art Institute of Virginia Beach, LLC f. DC South University of Virginia, LLC g. Eliza Hope Foundation h. Free Foundation for Rehabilitation Equipment and Endowment i. In Home Health, LLC j. Irockmyscars, Inc. k. Millspaugh Missions International 1. PACH, LLC m. The Red Horse Running Equine Foundation n. Sandler Center for the Performing Arts Foundation, Inc. o. THSB, LLC p. Victory Innovation Christian Academy q. Virginia Beach Art Center r. Virginia Gentlemen Foundation s. Virginia Sports Hall of Fame Foundation, Inc. 8. Ordinances to APPROPRIATE: a. $26,079,152 from the FY 2018-19 School Reversion Funds and ESTABLISH CIP #1- 024 "Lynnhaven Middle School Expansion" in the FY 2019-20 Capital Improvement Program (CIP) (Deferred from December 3, 2019) b. $39,700 of Fund Balance from the Police Federal and State Seized Assets Special Revenue Fund to the FY2019-20 Police Operating Budget re purchase of two (2) utility vehicles 9. Ordinance to TRANSFER$4,900 from the FY2019-20 Non-Department Operating Budget to the Department of Cultural Affairs re the United States Navy Band's Concert at the Sandler Center K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS BROADBAND STEERING COMMITTEE CITIZENS COMMITTEE ON BOARDS AND COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw(a�vbgov.com or call 385-4303. MAYOR ROBERT M. "BOBBY' DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 1:00 PM A. AN ACHIEVABLE DREAM/REVERSION FUNDS Kevin Chatellier, Co-Acting Director —Budget and Management Services Jonathan Hobbs, Co-Acting Director —Budget and Management Services Farrell Hanzaker, Chief Financial Officer —Schools II. CITY MANAGER'S BRIEFINGS A. COMPREHENSIVE ANNUAL FY19 FINANCIAL REPORT (CAFR) and GENERAL FUND UPDATE Alice Kelly, Director —Finance B. SMALL CFJ J DESIGN GUIDELINES AND CODE CHANGES Emily Archer, Senior Planner Ill/Urban Designer —Strategic Growth Area Office Kay Wilson, Deputy City Attorney III. CITY COUNCIL DISCUSSION A. COUNCIL MEMBER SPONSORED SPECIAL FORUMS AND EVENTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Pastor Kris Hassanpour Anchor Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CEREMONIAL OATH OF OFFICE: VIRGINIA BEACH CITY COUNCIL The Honorable Tina E. Sinnen, Presiding Virginia Beach Circuit Court Clerk Michael F. Berlucchi District 3 —Rose Hall Guy K. Tower District 6—Beach F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS December 3, 2019 H. MAYOR'S PRESENTATION FEMA COMMUNITY RATING SYSTEM Zane Hadzick, CFM Mitigation Planning Specialist—FEMA Region III I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE five(5)parcels of City Property at the intersection of Burton Station and Tolliver Roads in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Seniors Unlimited Lifestyles, Inc. re affordable senior and disabled housing 2. Resolutions to SUPPLEMENT the City's 2020 Legislative Agenda: a. CHANGE the public notice requirements re Planning Commission meetings (Requested by Mayor Dyer) b. AMEND the State Code re temporary detention orders (Requested by Vice Mayor Wood) 3. Resolution to SUPPORT Traffic Incident Management Legislation in the 2020 Virginia General Assembly Session 4. Ordinance to ADD Section 6-2.1 to the City Code re prohibit tents, shelters, or structures on beach between 8:00 PM—8:00 AM 5. Ordinance to EXTEND the date to satisfy the conditions re closure of a 9,812 square foot unimproved portion of Potomac Street 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Purchase Agreement between the City of Virginia Beach and Princess Anne Hotel, LLC,re sale of city property at the intersection of Princess Anne Road and Community College Place 7. Ordinances to DESIGNATE as EXEMPT re Real and Personal Property Taxes: a. 99ForThel b. African American Cultural Center, Inc. c. Cornerstone Property Ventures, LLC d. Courthouse Area Charity e. DC Art Institute of Virginia Beach, LLC f. DC South University of Virginia, LLC g. Eliza Hope Foundation h. Free Foundation for Rehabilitation Equipment and Endowment i. In Home Health, LLC j. Irockmyscars, Inc. k. Millspaugh Missions International 1. PACH, LLC m. The Red Horse Running Equine Foundation n. Sandler Center for the Performing Arts Foundation, Inc. o. THSB, LLC p. Victory Innovation Christian Academy q. Virginia Beach Art Center r. Virginia Gentlemen Foundation s. Virginia Sports Hall of Fame Foundation, Inc. 8. Ordinances to APPROPRIATE: a. $26,079,152 from the FY 2018-19 School Reversion Funds and ESTABLISH CIP #1- 024 "Lynnhaven Middle School Expansion" in the FY 2019-20 Capital Improvement Program(CIP) (Deferred from December 3, 2019) b. $39,700 of Fund Balance from the Police Federal and State Seized Assets Special Revenue Fund to the FY2019-20 Police Operating Budget re purchase of two (2) utility vehicles 9. Ordinance to TRANSFER$4,900 from the FY2019-20 Non-Department Operating Budget to the Department of Cultural Affairs re the United States Navy Band's Concert at the Sandler Center ",ti1,•,Bf,y' fCr � CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance declaring five (5) parcels of land located at the intersection of Burton Station and Tolliver Roads (GPINs 1458-88-2715, 1458-88-2897, 1458- 89-2090, 1458-89-3052, 1458-89-2065) to be in excess of the City's needs and authorizing the City Manager to sell same to Seniors Unlimited Lifestyles Inc. PUBLIC HEARING DATE: December 3, 2019 MEETING DATE: December 10, 2019 • Background: The City acquired five (5) parcels of land at the intersection of Burton Station and Tolliver Roads (collectively, the "Properties") as part of several Burton Station Road improvement projects, most recently the Burton Station Road Improvements Project, CIP 9-081 .003 (collectively hereinafter, the "Project") between 1996 and 2016. The Properties encompass the residual area remaining after the City acquired right-of-way and easements for the Project. The City acquired the residual land voluntarily. After deducting the necessary right-of- way, the Properties total approximately 65,147 sq. ft. The senior and disabled facility located across Tolliver Road at 5827 Burton Station Road is owned by SUL Tranquility Lakes, LLC, a partnership with Seniors Unlimited Lifestyles Inc. (collectively hereinafter "SUL"). City Council approved a Conditional Use Permit for a three-story, 40-unit senior and disabled persons housing facility in 2010 on this parcel. In 2012, Council modified that Conditional Use Permit to allow certain family members of the disabled persons to live in the facility. If Council authorizes the sale of the Properties to Seniors Unlimited Lifestyles, Inc. ("Seniors"), this land will allow Seniors to create another affordable senior housing development similar to SUL's facility across Tolliver Road. This proposal is compatible with the Burton Station SGA Plan. • Considerations: Seniors has agreed to purchase the Properties for the appraised value of $715,000. The Properties shall be sold "as is." The proposed development fulfills a need for senior and disabled housing in the City. The proceeds from the sale of the Properties will be deposited in Various Site Acquisition III, CIP 3-153. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and via the normal City Council agenda process. The public hearing will be held on December 3, 2019. • Alternatives: Retain ownership of the Properties. • Recommendations: Approval. • Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Housing and Neighborhood PreservatioH,4f) City ManagerVt- 1 AN ORDINANCE DECLARING FIVE (5) PARCELS 2 OF LAND LOCATED AT THE INTERSECTION OF 3 BURTON STATION AND TOLLIVER ROADS (GPINS 4 1458-88-2715, 1458-88-2897, 1458-89-2090, 1458- 5 89-3052, 1458-89-2065) TO BE IN EXCESS OF THE 6 CITY'S NEEDS AND AUTHORIZING THE CITY 7 MANAGER TO SELL SAME TO SENIORS 8 UNLIMITED LIFESTYLES INC. 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of five (5) 11 parcels of land totaling 65,147± sq. ft. (collectively, the "Properties") located at the 12 intersection of Burton Station and Tolliver Roads, and more particularly described on 13 Exhibit "A" attached hereto and made a part hereof; 14 15 WHEREAS, the City acquired the Properties pursuant to various Burton 16 Station Road improvement projects, most recently the Burton Station Road 17 Improvements Project, CIP 9-081.003; 18 19 WHEREAS, SUL Tranquility Lakes, LLC., a partnership with Seniors 20 Unlimited Lifestyles, Inc. (collectively hereinafter "SUL") owns the neighboring property 21 at 5827 Burton Station Road, which SUL has developed with housing for seniors and 22 disabled persons; 23 24 WHEREAS, Seniors Unlimited Lifestyles, Inc. ("Seniors") has agreed to 25 purchase the Properties for $715,000; 26 27 WHEREAS, Seniors will utilize the Properties to build a senior and 28 disabled persons housing facility to prescribed standards acceptable to the City, and in 29 conformity with a Conditional Use Permit, as approved by Council; 30 31 WHEREAS, Seniors will purchase the Properties in accordance with the 32 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 33 34 WHEREAS, the City Council is of the opinion that the Properties are in 35 excess of the needs of the City of Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 40 That the Properties, as more particularly described on Exhibit "A", are 41 hereby declared to be in excess of the needs of the City of Virginia Beach and that the 42 City Manager is hereby authorized to execute any documents necessary to convey the 43 Properties to Seniors Unlimited Lifestyles, Inc. in accordance with the attached 44 Summary of Terms and such other terms, conditions or modifications as may be 45 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 46 47 Further, that the revenue from the sale of the Properties in the amount of 48 $715,000 shall be received and appropriated to Various Site Acquisition III, CIP 3-153. 49 49 This Ordinance shall be effective from the date of its adoption. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of , 2019. CA14669 R-1 11/20/19 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d020\p032\00604004.doc APPROVED AS TO CONTENT APPROVED AS 0 CONTENT *- jK /v-' 11\/ CA/U*()h Public Works/Real Estate Department of Housing & Neighborhood Preservation APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY ij ii) Ci y A rney s ice Bud et & Management Services EXHIBIT "A" LEGAL DESCRIPTIONS Parcel 1: 1012 Finney Circle GPIN 1458-88-2715: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "NOW OR FORMERLY CITY OF VIRGINIA BEACH INST. #20130102000003920 INST. #20121221001461910 1458-88- 2715-0000" and further designated as "RESIDUAL AREA OF GPIN 1458-88-2715," as shown on that certain plat entitled: "PLAT SHOWING RIGHT OF WAY HEREBY ESTABLISHED BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated April 19, 2018 and revised through January 8, 2019, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, to which reference is made for a more particular description. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Kay Z. Kesser by Deed dated December 18, 2012 and recorded in the aforesaid Clerk's Office as Instrument Number 20130102000003920. Parcel 2: 1020 Finney Circle GPIN 1458-88-2897: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "RESIDUAL AREA TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH AREA = 8,198 S.F. OR 0.1882 AC." and further designated as "RESIDUAL AREA TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH 8,198 SQUARE FEET 0.1882 ACRES," as shown on that certain plat entitled: "PLAT SHOWING RIGHT-OF-WAY AND PROPERTY TO BE ACQUIRED FROM ROBERT L. ELLIOTT & HELEN TYLER BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081.003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated January 11, 2011 and revised through September 26, 2013, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20130927001160920, to which reference is made for a more particular description. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Robert L. Elliott and Helen Tyler dated September 18, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130930001163420. IT FURTHER BEING a portion of the same property conveyed to the City of Virginia Beach by Deeds of Confirmation dated September 18, 2013 from Earl Littleton Elliott, Jr. recorded in the aforesaid Clerk's Office as Instrument Number 20160815000718630; from Romona S. Corprew as Instrument Number 20160809000693760; and from Adrian T. Elliott as Instrument Number 20160727000644160. Parcel 3: 5837 Burton Station Road GPIN 1458-89-3052: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "NOW OR FORMERLY CITY OF VIRGINIA BEACH INSTRUMENT #20131017001240220 INSTR#20131016001232250(PLAT) 1458- 89-3052" and further designated as "RESIDUAL AREA OF GPIN 1458-89-3052," as shown on that certain plat entitled: "PLAT SHOWING EASEMENTS TO BE ESTABLISHED BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081.003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated August 29, 2016, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20180226000152270, to which reference is made for a more particular description. SUBJECT TO those certain Dominion Virginia Power, Verizon Virginia Inc., Cox Communications Hampton Roads, LLC easements as shown on the aforesaid plat and recorded respectively as Instrument Numbers 20161026000968630, 20160726000641970, and 20160805000683460. RESERVING UNTO THE CITY the public drainage easement as shown on the aforesaid plat as "PROPOSED PUBLIC DRAINAGE EASEMENT AREA = 930 S.F. OR 0.0213 AC." and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT 930 SQUARE FEET 0.0213 ACRES," as shown on the aforesaid plat. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Alphonso Elliott, Executor of the Estate of Martha Virginia Elliott by Deed dated October 9, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20131017001240220. Parcel 4: 5841 Burton Station Road GPIN 1458-89-2090: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 3617, PG. 652 D.B. 429, PG. 271 (PLAT) 1458-89-2090" and further designated as "RESIDUAL AREA OF GPIN 1458-89-2090 9,430 SQUARE FEET 0.2165 ACRES," as shown on that certain plat entitled: "PLAT SHOWING RIGHT-OF-WAY HEREBY ESTABLISHED AND EASEMENTS TO BE CONVEYED BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081.003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated January 11, 2011, and revised through February 25, 2014, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20150204000104180, to which reference is made for a more particular description. SUBJECT TO those certain Dominion Virginia Power, Verizon Virginia Inc., Cox Communications Hampton Roads, LLC easements as shown on the aforesaid plat and recorded respectively as Instrument Numbers 20160630000559760, 20160726000642000, and 20160627000547020. RESERVING UNTO THE CITY the public drainage easement as shown on the aforesaid plat as "PROPOSED PUBLIC DRAINAGE EASEMENT HEREBY ESTABLISHED AREA = 750 S.F. OR 0.0172 AC." and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT HEREBY ESTABLISHED 750 SQUARE FEET 0.0172 ACRES," as shown on the aforesaid plat. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from George W. Elliott and Jennie A. Elliott, husband and wife, by Deed dated January 10, 1996 and recorded in the aforesaid Clerk's Office in Deed Book 3617, at page 652. Parcel 5: Private Right of Way GPIN 1458-89-2065: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "RESIDUAL AREA TO BE ACQUIRED AREA = 7,913 S.F. OR 0.1817 AC." and further designated as "RESIDUAL AREA TO BE ACQUIRED 7,913 SQUARE FEET 0.1817 ACRES," as shown on that certain plat entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM GEORGE W. ELLIOTT BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081.003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated March 18, 2013 and revised through March 26, 2013, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20130328000360010, to which reference is made for a more particular description. SUBJECT TO those certain Dominion Virginia Power, Verizon Virginia Inc., Cox Communications Hampton Roads, LLC easements as shown on the aforesaid plat and recorded respectively as Instrument Numbers 20160412000297120, 20160804000675130, and 20160602000468670. RESERVING UNTO THE CITY the public drainage easement as shown on the aforesaid plat as "PROPOSED PUBLIC DRAINAGE EASEMENT AREA = 450 S.F. OR 0.0103 AC." and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT 450 SQUARE FEET 0.0103 ACRES," as shown on the aforesaid plat. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from George W. Elliott by Deed dated April 4, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130423000463620. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTIES AT BURTON STATION ROAD GPINS: 1458-88-2715, 1458-88-2897, 1458-89-2090, 1458-89-3052, 1458-89-2065 SELLER: City of Virginia Beach PURCHASER: Seniors Unlimited Lifestyles, Inc. PROPERTY: 65,147± sq. ft. of land located at the intersection of Burton Station Road and Tolliver Road; GPINs: 1458-88-2715, 1458-88-2897, 1458-89-2090, 1458-89-3052, 1458-89-2065; more particularly described on Exhibit A. SALE PRICE: $715,000 CONDITIONS OF SALE: • Properties are purchased "As Is, Where Is." Without limiting the foregoing, the City will only quitclaim its interest in and to GPIN 1458-89-2065 and it is the Purchaser's responsibility to ascertain and clear any rights of others to this property identified as a "private road." • The Purchaser may create a related company to take title, and City will allow Purchaser to assign its rights under the purchase agreement to a related legal entity for this purpose, subject to the City's prior approval. • If Purchaser is unable to obtain financing by December 2020, the contract may be terminated or extended by agreement of the parties for one year. • Purchaser shall deposit Five Thousand and No/100 Dollars ($5,000.00) at the execution of the Purchase Agreement. • Purchaser has sixty (60) days from execution of the Agreement of Sale to notify Seller of any conditions that would render the Properties unsuitable for Purchaser's intended use. • Purchaser shall, at its cost, resubdivide the Properties and vacate interior lot lines. • Purchaser shall bear all costs of development. • Purchaser shall construct a senior and disabled persons housing facility on the Properties. • Purchaser agrees to dedicate easements on, over and across the Properties as necessary for the Burton Station Road and/or Tolliver Road Improvements Project at no cost to the City. • Approval of this sale shall be revoked if closing has not occurred on or before December 3, 2022, unless extended by City Council prior to such date. w v X 0 >;1111...1 - .. 0 .'6: .* o � W e M ti`, H. 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'4'• aJ a , of .Ast _ • * .,i �I/ —I eNJ 1 � L -nY\ r 7_ z Et.) w r 17 4 _...‘,--1...._ ,4 ,':i?lif*.r.T••. -'.7-;,-- ,,,,,..„. ...‘ kik 7,,.,‘ , --i- -:,-,,/ • .0. -mi Z CD �, ` `� 6- r �' W m a _ c\•i- . ‘..‘ _, K( ' g• �it \J r w p 7.;;;•- A ,,,,,..,_ „.,:f y: , '•_--- ,,_ 0 LU •" '^ lil- - RE _ �.- _ O OoF W Zat g t U n w CU -; ,_, . -* k$ 2 o z b W s y ::_I.:lg.':: .,,cc Ok 2O, 19 P11).: H 4.11.14 AT -4 0 U ,� CO y . mod, QA X co ---. -17,..,_ .,, ,,.. . 4*. ,,,:., _._ • w ..„.....„.....„...... 4111,,,,...::: 8 _.....„ .. . .. , _._, , , _. :.,..„ _:- - ,.,- ': . ,_ .. „:„. ..,... .. .... _.,,, . , .- ----, ,.,,,,, , Z o ' N m in I- N O u1 —' r-I Ol I� Ol l0 0 N 00 O O O ° W = o 1 `Z a)0000 000 00Ql 00 cocoa) 000O - f a a• w < _f) LIl LE) ll In d wrI r-1 e- rI c I a w Z _ = U to U a . a • y a 2 1VB Virginia Beach APPLICANT'S NAME Seniors Unlimited Lifestyles, Inc. --------------------- DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 5 Plannin_Commission and City Council meeting that pertains to the application(s). ❑ __APPLICANT NOTIFIED OF HEARING DATE: l NO CHANGES AS OF DATE: /©.29//Ig El REVISIONS SUBMITTED DATE: Gift!of Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Seniors Unlimited Lifestyles Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Angela Whitehead, CEO; Kedron A. Springer, President; Gerald Porter, Vice President; Brenda Arrington, Secretary; Evelyn Cooper, Treasurer;Joyce Fitzgerald, Board Member; Monique Hitchcock, Board Member (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) not applicable See next page for information pertaining to footnotes.' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑X Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: City of Virginia Beach If an LLC, list the member's names: Page 2 of 5 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) not applicable "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 1VB Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ® ❑ Accounting and/or preparer of Patricia Bullock Tax Services your tax return ❑x ❑ Architect / Landscape Architect / Arnold Design Studio Land Planner Colin Arnold,AIA, LEED Contract Purchaser (if other than ❑ x❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ x❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑X ❑ Construction Contractors Peacock Holland Construction Todd Peacock X❑ ❑ Engineers / Surveyors/ Agents Site Improvement Associates Financing (include current Tax Credit Equity; Virginia X❑ ❑ mortgage holders and lenders Community Development Corp; selected or being considered to VHDA; DHNP-HOME Funds provide financing for acquisition or construction of the property) x❑ ❑ Legal Services Springer Law Group Real Estate Brokers / ❑ ❑ Agents/Realtors for current and Sharon Prescott with Beach South anticipated future sales of the Realty subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El CI contingent interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 44f'i¢.a Angela Whitehead, CEO 09/25/2019 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution to Supplement the City's 2020 Legislative Agenda by Adding a Request to Change the Notice Requirements for Planning Commission Meetings (2) A Resolution to Supplement the City's 2020 Legislative Agenda by Adding a Request to Amend the Virginia Code Regarding Temporary Detention Orders MEETING DATE: December 10, 2019 • Background: In October, the City Council adopted its 2020 Legislative Agenda. Two additional items are attached for potential inclusion in the Legislative Agenda: a request to change the public notice requirements for Planning Commission meetings and a request to amend the state code regarding temporary detainment orders. • Considerations: Each of these requests, including the circumstances necessitating the request and the requested changes, are detailed in the attached resolutions and attachments. • Public Information: Public information will be provided through the normal agenda process. • Attachments: Resolutions and Community Legislative Agenda items Item 1 Requested by Mayor Dyer Item 2 Requested by Vice Mayor Wood REQUESTED BY MAYOR DYER 1 A RESOLUTION TO SUPPLEMENT THE CITY'S 2020 2 LEGISLATIVE AGENDA BY ADDING A REQUEST TO 3 CHANGE THE NOTICE REQUIREMENTS FOR PLANNING 4 COMMISSION MEETINGS 5 6 WHEREAS, Virginia Code § 15.2-2204 requires that localities provide public 7 notice of Planning Commission agenda items on two consecutive weeks in a newspaper 8 of general circulation; and 9 10 WHEREAS, the City contracts with and pays the Virginian-Pilot to run the 11 statutorily required notices and provides the copy for those notices in accordance with 12 the Pilot's advertisement deadlines; and 13 14 WHEREAS, despite the City timely providing the Pilot with the copy of the notices 15 in compliance with the Pilot's deadlines and despite the City's repeatedly providing the 16 Pilot with the successive dates on which the notices must run, on more than one 17 occasion, the Pilot has failed to run the ads as required by state law; and 18 19 WHEREAS, as a result of the Pilot's failures to run the ads for which the City had 20 timely contracted, the Planning Commission meetings scheduled for August 14, 2019 21 had to be rescheduled and re-advertised for August 28, 2019, and the November 13, 22 2019 meeting had to be rescheduled and re-advertised for December 5, 2019, resulting 23 in two Commission meetings on successive weeks in December in the midst of the 24 holiday season; and 25 26 WHEREAS, the failures of the Pilot resulted in additional expenses and 27 inconveniences to the applicants, planning commissioners, concerned citizens, and 28 staff; and 29 30 WHEREAS, the City cannot contract with an alternative advertising partner 31 because state law mandates that the City publish the series of notices in a "newspaper 32 of general circulation" as set forth in Virginia Code § 8.01-324, and the Pilot and one of 33 its affiliated weekly publications are the only local publications that meet those criteria; 34 and 35 36 WHEREAS, the City publishes Planning Commission agendas on the City 37 website at least three weeks before the meeting, the City provides direct notification to 38 adjacent property owners, and the City also requires the posting of a large orange sign 39 on the property that is the subject of an agenda item at least 30 days prior to the 40 meeting; and 41 42 WHEREAS, in light of all of the above, the attached legislative agenda item 43 seeks a change to state law to allow a locality to hold its monthly Planning Commission 44 meetings even if the newspaper has failed to run one or both of the required notices, so 45 long as (1) the locality timely provided the notice publication request to the newspaper, 46 (2) the locality provided public notice of the meeting via the locality's website, (3) 47 adjacent property owners received direct notification, and (4) the required large orange 48 signage was placed on the property at least 30 days prior to the meeting. 49 50 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 That the City Council hereby supplements its 202 Legislative Agenda to include 54 the attached request. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2019. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY City Manager's Office City Attorney's Office CA14962 R-1 December 4, 2019 NOTICE OF PLANNING COMMISSION AGENDA ITEMS Sponsored by Mayor Dyer Background Information: Virginia Code § 15.2-2204 requires that localities provide public notice of Planning Commission agenda items on two consecutive weeks in a newspaper of general circulation. On more than one occasion,the Virginian-Pilot failed to publish the required notices despite the City providing the ad copy to the newspaper in accordance with its stated deadlines. These failures have resulted in delays, inconvenience, and additional expenses to the applicants, planning commissioners, concerned citizens, and staff due to no fault of their own. The City also provides public notice of Planning Commission agenda items on the City website. No newspapers meet the criteria for"newspaper of general circulation"as set forth by Virginia Code § 8.01-324 for the City of Virginia Beach other than the Virginian-Pilot and one of its weekly affiliated publications. Request: The City requests that the General Assembly amend Virginia Code § 15.2-2204 to provide that, if a locality has submitted a timely public notice request to a newspaper of general circulation but the newspaper fails to run the notices as required by the statute,the locality's planning commission may meet so long as notice of the agenda items was published on the locality's website at least 3 weeks before the meeting, the required sign was posted on the property that is the subject of the application, and direct notification was provided to the adjacent property owners. REQUESTED BY VICE MAYOR WOOD 1 A RESOLUTION TO SUPPLEMENT THE CITY'S 2020 2 LEGISLATIVE AGENDA BY ADDING A REQUEST TO 3 AMEND THE VIRGINIA CODE REGARDING TEMPORARY 4 DETENTION ORDERS 5 6 WHEREAS, Virginia Code § 37.2-809 provides that law enforcement has 24 hours 7 in which to "execute" a temporary detention order ("TDO"); and 8 9 WHEREAS, Virginia Code § 37.2-810 allows for the subject of a TDO to receive 10 emergency medical treatment prior to delivery of the subject to the receiving psychiatric 11 facility, which is known as "medical clearance;" and 12 13 WHEREAS, the terms "execute" and "medical clearance" are not defined in the 14 Code of Virginia and have been interpreted to have different meanings depending on the 15 points of view of the varying stakeholders: (1) law enforcement charged with serving, 16 detaining, and delivering the subject to the treatment provider/facility; (2) the receiving 17 treatment provider/facility; (3) the emergency services/behavioral health 18 authority/community services board involved in the screening and locating of a receiving 19 facility; and (4) the subject of the TDO; and 20 21 WHEREAS the lack of clarity as to the meaning of these terms, and the divergent 22 interpretations of these undefined terms by various stakeholders have led to law 23 enforcement officers serving the subject, taking the subject into custody, and being forced 24 to remain with the subject for many hours—sometimes exceeding 24 hours—while the 25 subject is "medically cleared" before transporting the subject to the receiving psychiatric 26 facility; and 27 28 WHEREAS, this situation creates numerous areas of potential liability for the City 29 and risk to the subject of the TDO, and it is contraindicated by the General Assembly's 30 prior action under the Creigh Deeds legislation, the intent of which was for the subject to 31 get to a psychiatric treatment facility within 24 hours of being determined to be in 32 emergency need of the same; and 33 34 WHEREAS, the attached legislative agenda item requests that the General 35 Assembly change the two Virginia Code sections referenced above to remove the 36 ambiguities and provide needed clarifications as detailed in the agenda item. 37 38 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 That the City Council hereby adds the attached item to its 2020 Legislative 42 Agenda. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2019. APPROVED TO CONTENT: APPROVED AS TO CONTENT: Police Department Department of Human Services APPROVED AS TO LEGAL SUFFICIENCY: A rn -' e��City tto ey s Office CA14963 R-1 December 4, 2019 EXECUTION OF TEMPORARY DETENTION ORDERS Sponsored by Vice Mayor Wood Virginia Beach Department of Human Services-Emergency Services Virginia Beach Police Department Background Information: Virginia Code § 37.2-809 provides that law enforcement has 24 hours in which to "execute" a temporary detention order ("TDO"). The 24-hour period is calculated from the time the magistrate issues the order, unless otherwise specified therein. Virginia Code § 37.2-810 allows for the subject of a TDO to receive emergency medical treatment prior to delivery of the subject to the receiving psychiatric facility; this has been dubbed "medical clearance" by providers and the Virginia Department of Behavioral Health and Developmental Services. The terms"execute"and"medical clearance"are not defined in the Code of Virginia and have been interpreted to have different meanings depending on the points of view of the varying stakeholders. The main stakeholders when a TDO is issued are: (1) law enforcement charged with serving,detaining,and delivering the subject to the treatment provider/facility, (2) the receiving treatment provider/facility, (3) the emergency services/behavioral health authority/community services board involved in the screening and locating of a receiving facility,and (4) the subject of the TDO. Presently, the magistrates and the receiving providers are of the belief that the term "execute" merely means "serves/takes into custody" the subject of the order and does not have anything to do with the actual delivery of the subject to the receiving provider. The term "medical clearance" has varying meanings depending on the receiving facility; some facilities only require a basic assessment for medical stability while others require full diagnostics and lab work prior to admitting a TDO subject. These interpretations have led to law enforcement serving the subject, taking the subject into custody, and being forced to remain with the subject for many hours—sometimes exceeding 24 hours—while the subject is"medically cleared"before transporting the subject to the receiving psychiatric facility.This practice creates numerous areas of potential liability for the City and risk to the subject of the TDO, and it is contraindicated by the General Assembly's prior action under the Creigh Deeds legislation. The intent was for the subject to get to a psychiatric treatment facility within 24 hours of being determined to be in emergency need of the same. Request: The City requests that the General Assembly give favorable consideration to a legislative change to Virginia Code § 37.2-809 and Virginia Code § 37.2-810, which (1) clarifies that "execution" means that the subject of a temporary detention order must be served, taken into custody, and delivered to the receiving psychiatric facility within 24 hours of the issuance of the order by the magistrate, (2) provides that after the issuance of the TDO, should it be discovered that the subject of a temporary detainment order is experiencing a medical emergency or condition that requires medical treatment in a facility other than the receiving facility,and that such condition is not expected to be remedied to allow the subject to enter the receiving psychiatric facility prior to the expiration of 24 hours from the magistrate's issuance of the TDO, then the TDO shall be returned to the magistrate as unexecuted, and law enforcement shall have no further duties towards the subject unless and until a new TDO is issued after the subject is medically cleared, (3) clarifies that should the process of medical clearance be expected to exceed the 24 time period and thus the TDO is to be returned to the magistrate and/or a new TDO is not expected to be issued as a result of a medical clearance issue, then the facility providing the medical treatment/clearance notify the local emergency services/behavioral health authority or CSB of the same, (4) defines that the term "medical clearance" to mean that the subject has received the minimal medical assessment and screening in accordance with the November 2018 Virginia Department of Behavioral Health and Developmental Services Guidelines, and the results of such assessment and screening indicate no medical condition which would preclude the subject from receiving standard psychiatric care at the receiving facility. / O 7 CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: A Resolution to Support Traffic Incident Management Legislation in the 2020 Virginia General Assembly Session MEETING DATE: December 10, 2019 • Background: On November 5, 2019, Tim Hemstreet, the County Administrator of Loudon County, requested that the City of Virginia Beach consider adopting a resolution of support of an upcoming bill in the Virginia General Assembly concerning highway safety in regard to traffic incident management (TIM) vehicles. Loudon County requested the City's support to communicate the importance to lawmakers in the General Assembly. TIM vehicles are owned and operated by the Virginia Department of Transportation (VDOT), and operate on the 1-95 corridor, 1-495 corridor, 1-295 corridor, most of the 1-81 and 1-64 corridor, and part of the 1-77 corridor. TIM vehicles are dispatched by VDOT Transportation Operation Centers or Virginia State Police dispatchers to support first responders by clearing major accidents. VDOT currently uses amber lights for TIM vehicles, which are frequently delayed in responding due to traffic that may not yield the right of way to amber-lighted vehicles as they would for red or blue lights. The proposed legislation would authorize TIM vehicles to be (i) equipped with flashing red or red and white warning lights, (ii) exempt from certain traffic regulations, and (iii) be equipped with a siren, exhaust whistle, or air horn. The proposed legislation would also add TIM vehicles to the list of stopped vehicles for which the operator of a motor vehicle must move over or proceed with caution. The legislation would also require TIM drivers to undergo an emergency vehicle operators' course from an approved list provided by the Department of Fire Programs, Office of Emergency Medical Services, or equivalent agency and be recertified as an emergency vehicle operator every five years. Similar legislation, HB 2594, passed the House of Delegates 99-0 during the 2019 General Assembly Session and narrowly failed by one vote in the Senate Transportation Committee. In states that already have this authority, TIM vehicles have been shown to reduce response times by 50 percent. The Maryland Department of Transportation, which has emergency lighting and sirens on such vehicles, has identified an average response time of 7.5 minutes per incident. VDOT currently averages 14 minutes. Prompt arrival of TIM professionals, facilitated by emergency vehicle responses, alleviates traffic congestion and prevents secondary accidents. • Considerations: If the bill becomes law, TIM vehicles will be better equipped to handle and respond to accidents within the Commonwealth of Virginia. ■ Public Information: Public information will be provided through the normal City Council agenda process. ■ Recommendations: Approval of Resolution ■ Attachment: Ordinance; Letter from Loudon County Administrator; Loudon County Resolution; HB 2594 from the 2019 General Assembly Recommended Action: Approval Submitting Department/Agency: Public Works/Police 5-gWi, City Manager: 1 A RESOLUTION TO SUPPORT TRAFFIC INCIDENT 2 MANAGEMENT LEGISLATION IN THE 2020 VIRGINIA 3 GENERAL ASSESMBLY SESSION 4 5 WHEREAS, during the 2019 General Assembly Session, House Bill 2594 was 6 introduced to allow traffic incident management vehicles owned or operated by the 7 Virginia Department of Transportation to be equipped with flashing lights and sirens; and 8 9 WHEREAS, this type of legislation, which failed in 2019 in the Senate 10 Transportation Committee, would help to ensure our current transportation infrastructure 11 is utilized in the most safe and efficient manner possible, and would benefit citizens within 12 Virginia Beach, the Hampton Roads Region, and across the Commonwealth; and 13 14 WHEREAS, the prompt arrival of traffic incident management professionals has 15 been shown in other states to significantly alleviate traffic congestion and improve 16 highway safety; 17 18 NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA: 20 21 That the Council of the City of Virginia Beach hereby supports legislation in the 22 2020 General Assembly Session that would allow traffic incident management vehicles 23 along Statewide Safety Patrol routes to be equipped with flashing red lights and sirens in 24 order to improve safety within the Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: \t---'_ ,,, () -/CIA i A.,-...._— Budget and Management Services ity ttorney' Office CA14960 R-1 November 26, 2019 O�1 cOU.yp),y 41 t,_ ,.f�. Loudoun County, Virginia v „ :-) ;. `A www.loudoun.gov X ' Office of the County Administrator .4..;, � 1 Harrison Street,S.E.,MSC#2,5th Floor,P.O.Box 7000,Leesburg,VA 20177-7000 , Telephone(703)777-0200•Fax(703)777-0325 •coadmin@loudoun.gov I757 November 5,2019 IA-i:"., `'L 1 V ",Li 1 2019 NOV ii 2 Mr. Tom Leahy office of ily Ci'v M'ir.lq.cr City of Virginia Beach 2401 Courthouse Drive Virginia Beach, Virginia 23456 Dear Mr. Leahy, Our Board of Supervisors respectfully requests that the City of Virginia Beach consider adopting a resolution of support, as attached, for an upcoming bill in the Virginia General Assembly session concerning safety on our highways. Virginia Department of Transportation (VDOT) safety service patrol vehicles, also known as traffic incident management(TIM)vehicles, operate on the I-95 corridor,I-495 corridor,1-295 corridor, most of the I-81 and I-64 corridor, and part of the I-77 corridor. TIM vehicles are dispatched by VDOT Transportation Operation Centers or Virginia State Police dispatchers to support first responders by clearing major accidents. VDOT currently uses amber lights for TIM vehicles, and are frequently delayed in responding due to traffic which does not yield the right of way to amber lighted vehicles. Proposed legislation would authorize TIM vehicles to be(i)equipped with flashing red or red and white warning lights, (ii) exempt from certain traffic regulations in particular situations, and (iii) equipped with a siren,exhaust whistle, or air horn.The proposed legislation would also add TIM vehicles to the list of stopped vehicles for which the operator of a motor vehicle must move over or proceed with caution. The legislation would also require TIM drivers to undergo an emergency vehicle operators course from an approved list provided by the Department of Fire Programs, Office of Emergency Medical Services, or equivalent agency and be recertified as an emergency vehicle operator every five years. Similar legislation, 1 J _' passed the House of Delegates 99-0 during the 2019 General Assembly Session and narrowly failed by one vote in the Senate Transportation Committee. TIM vehicles, in states that already have this authority, have been shown to reduce response times by 50 percent. The Maryland Department of Transportation, which has emergency lighting and sirens on vehicles, has identified an average response time of 7.5 minutes per incident, while VDOT currently averages 14 minutes. Prompt arrival of TIM professionals, facilitated by emergency vehicle responses, alleviates traffic congestion. For each minute an incident negatively impacts a travel lane, approximately 4 additional minutes are statistically required to return travel volumes to pre-crash values.Delays have increased safety challenges,cost significant commuter hours,and greatly increased costs. Finally, this bill mitigates secondary crashes. Prompt arrival of TIM vehicles will positively impact traffic congestion and life safety.We have been working extensively with VDOT,public safety agencies and first responders to ensure that this initiative receives appropriate stakeholder support. Support from localities, particularly those in these often congested Interstate corridors where the TIM Resolution Supporting TIM Legislation November 5, 2019 Page 2 of 2 program is operational but hindered without this additional authority, would be very helpful in communicating the importance of this issue to state elected officials. The Washington Region Council of Governments,representing Northern Virginia localities and the entire D.C.Metro region,has already been actively engaged in advocacy efforts for this important public safety measure. We hope you will consider supporting this resolution. Upon adoption, we would appreciate receiving a copy in order to demonstrate support for our lawmakers in Richmond. If you have any questions or concerns, please contact Anne Lewis, Assistant County Administrator or Gwen Kennedy, Legislative Liaison at 703-777-0200. Sincerely, Tim Hemstreet County Administrator Attachment(1) LOUDOUN COUNTY, VIRGINIA RESOLUTION Support Traffic Incident Management Legislation WHEREAS on November 14, 2018, the Metropolitan Washington Council of Governments released a report entitled "Traffic Incident Management in the National Capital Region" which provided seven priority recommendations to improve the quick and safe resolution of traffic incidents region wide; and WHEREAS during the 2019 General Assembly Session, legislation was introduced that would have allowed traffic incident management ("TIM") vehicles owned or operated by the Virginia Department of Transportation to be equipped with flashing lights and sirens; and WHEREAS this legislation would ensure our current transportation infrastructure is utilized in the most safe and efficient manner, and would benefit citizens across the Commonwealth-especially congested regions such as Northern Virginia, Hampton Roads,and the 1-81 corridor;and WHEREAS the prompt arrival of TIM professionals has been shown in other states to significantly alleviate traffic congestion, and improve safety by mitigating secondary crashes; and WHEREAS the smooth flow of traffic improves public safety, and decreases safety challenges and costs for commuters and, ultimately, the economy. NOW THEREFORE, BE IT RESOLVED that the Loudoun County Board of Supervisors hereby supports, and encourages other local governments to support, legislation in the 2020 General Assembly Session that would allow traffic incident management vehicles along Statewide Safety Service Patrol Routes to be equipped with flashing lights and sirens. Phyllis J.Randall,Chair At-Large Ralph M.Buono,Vice Chairman,Ashburn District Geary M.Higgins,Catoctin District — Suzanne M.Volpe.Algonkian District Matthew F.Letoumeau,Dulles District • Ron Meyer,Broad Run District Kristen C.Umstattd,Leesburg District Tony R.Buffington,Blue Ridge District Koran T.Seines,Sterling District Loudoun County Board of Supervisors October 2,2019 (--aliiffp-- 2019 SESSION HOUSE SUBSTITUTE 19105422D 1 HOUSE BILL NO.2594 2 AMENDMENT IN THE NATURE OF A SUBSTITUTE 3 (Proposed by the House Committee on Transportation 4 on January 24,2019) 5 (Patron Prior to Substitute—Delegate LaRock) 6 A BILL to amend and reenact §, 46.2-920, 46.2-1023, 46.2-1029.2, and 46.2-1030 of the Code of 7 Virginia, relating to traffic incident management vehicles. 8 Be it enacted by the General Assembly of Virginia: 9 1. That §§ 46.2-920, 46.2-1023, 46.2-1029.2, and 46.2-1030 of the Code of Virginia are amended 10 and reenacted as follows: 11 § 46.2-920. Certain vehicles exempt from regulations in certain situations; exceptions and 12 additional requirements. 13 A. The driver of any emergency vehicle, when such vehicle is being used in the performance of 14 public services, and when such vehicle is operated under emergency conditions, may, without subjecting 15 himself to criminal prosecution: 16 1. Disregard speed limits, while having due regard for safety of persons and property; 0 17 2. Proceed past any steady or flashing red signal, traffic light, stop sign, or device indicating moving 18 traffic shall stop if the speed of the vehicle is sufficiently reduced to enable it to pass a signal, traffic 19 light, or device with due regard to the safety of persons and property; (� 20 3. Park or stop notwithstanding the other provisions of this chapter; 21 4. Disregard regulations governing a direction of movement of vehicles turning in specified directions rh 22 so long as the operator does not endanger life or property; 23 5. Pass or overtake, with due regard to the safety of persons and property, another vehicle at any ``J 24 intersection; 25 6. Pass or overtake with due regard to the safety of persons and property, while en route to an 26 emergency, stopped or slow-moving vehicles, by going to the left of the stopped or slow-moving vehicle 27 either in a no-passing zone or by crossing the highway centerline; orEn 28 7. Pass or overtake with due regard to the safety of persons and property, while en route to an 29 emergency, stopped or slow-moving vehicles, by going off the paved or main traveled portion of the 30 roadway on the right. Notwithstanding other provisions of this section, vehicles exempted in this M 31 instance will not be required to sound a siren or any device to give automatically intermittent signals. W 32 B. The exemptions granted to emergency vehicles by subsection A in subdivisions Al, A3, A4, A5, Cn 33 and A6 shall apply only when the operator of such vehicle displays a flashing, blinking, or alternating 34 emergency light or lights as provided in §§ 46.2-1022 and 46.2-1023 and sounds a siren, exhaust eq 35 whistle, or air horn designed to give automatically intermittent signals, as may be reasonably necessary. H �, 36 The exemption granted under subdivision A 2 shall apply only when the operator of such emergency 0. 37 vehicle displays a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022 38 and 46.2-1023 and either (a) sounds a siren, exhaust whistle, or air horn designed to give automatically 'd N 39 intermittent signals or (b) slows the vehicle down to a speed reasonable for the existing conditions, 40 yields right-of-way to the driver of another vehicle approaching or entering the intersection from another H 41 direction or, if required for safety, brings the vehicle to a complete stop before proceeding with due M 42 regard for the safety of persons and property. In addition, the exemptions granted to emergency vehicles VI 43 by subsection A shall apply only when there is in force and effect for such vehicle either (i) standard 44 motor vehicle liability insurance covering injury or death to any person in the sum of at least $100,000 45 because of bodily injury to or death of one person in any one accident and, subject to the limit for one 46 person, to a limit of $300,000 because of bodily injury to or death of two or more persons in any one 47 accident, and to a limit of $20,000 because of injury to or destruction of property of others in any one 48 accident or (ii) a certificate of self-insurance issued pursuant to § 46.2-368. Such exemptions shall not, 49 however, protect the operator of any such vehicle from criminal prosecution for conduct constituting 50 reckless disregard of the safety of persons and property. Nothing in this section shall release the operator Z 51 of any such vehicle from civil liability for failure to use reasonable care in such operation. td 52 C. For the purposes of this section, the term "emergency vehicle" shall mean: LA 53 1. Any law-enforcement vehicle operated by or under the direction of a federal, state, or local x 54 law-enforcement officer (i) in the chase or apprehension of violators of the law or persons charged with _, 55 or suspected of any such violation or (ii) in response to an emergency call; 56 2. Any regional detention center vehicle operated by or under the direction of a correctional officer 57 responding to an emergency call or operating in an emergency situation; 58 3. Any vehicle used to fight fire, including publicly owned state forest warden vehicles, when 59 traveling in response to a fire alarm or emergency call; HB2594H1 2 of 3 60 4. Any emergency medical services vehicle designed or used for the principal purpose of providing 61 emergency medical services where human life is endangered; 62 5. Any Department of Emergency Management vehicle or Office of Emergency Medical Services 63 vehicle, when responding to an emergency call or operating in an emergency situation; 64 6. Any Department of Corrections vehicle designated by the Director of the Department of 65 Corrections, when (i) responding to an emergency call at a correctional facility, (ii) participating in a 66 drug-related investigation, (iii) pursuing escapees from a correctional facility, or (iv) responding to a 67 request for assistance from a law-enforcement officer; 68 7. Any vehicle authorized to be equipped with alternating, blinking, or flashing red or red and white 69 secondary warning lights under the provisions of§46.2-1029.2; end 70 8. Any Virginia National Guard Civil Support Team vehicle when responding to an emergency; and 71 9. A traffic incident management vehicle when operating at or en route to the scene of a traffic 72 accident or similar incident. For purposes of this subdivision, "traffic incident management vehicle" 73 means (i) a Department of Transportation vehicle, (ii) a vehicle operated pursuant to the Department of 74 Transportation Safety Service Patrol program or pursuant to a contract with the Department of 75 Transportation that includes traffic incident management services, or (iii) any other vehicle designated 76 as a traffic incident management vehicle by the Commissioner of Highways. In order to operate a traffic 77 incident management vehicle pursuant to this subdivision, a vehicle operator shall be required to (a) 78 complete an initial emergency vehicle operators course from an approved course list provided by the 79 Department of Fire Programs, Office of Emergency Medical Services, or equivalent agency and (b) be 80 recertified as an emergency vehicle operator every five years. 81 D. Any law-enforcement vehicle operated by or under the direction of a federal, state, or local 82 law-enforcement officer may disregard speed limits, while having due regard for safety of persons and 83 property, (i) in testing the accuracy of speedometers of such vehicles, (ii) in testing the accuracy of 84 speed measuring devices specified in § 46.2-882, or (iii) in following another vehicle for the purpose of 85 determining its speed. 86 E. A Department of Environmental Quality vehicle, while en route to an emergency and with due 87 regard to the safety of persons and property, may overtake and pass stopped or slow-moving vehicles by 88 going off the paved or main traveled portion of the highway on the right or on the left. These 89 Department of Environmental Quality vehicles shall not be required to sound a siren or any device to 90 give automatically intermittent signals, but shall display red or red and white warning lights when 91 performing such maneuvers. 92 F. Any law-enforcement vehicle operated by or under the direction of a federal, state, or local 93 law-enforcement officer while conducting a funeral escort, wide-load escort, dignitary escort, or any 94 other escort necessary for the safe movement of vehicles and pedestrians may, without subjecting 95 himself to criminal prosecution: 96 1. Disregard speed limits, while having due regard for safety of persons and property; 97 2. Proceed past any steady or flashing red signal, traffic light, stop sign, or device indicating moving 98 traffic shall stop if the speed of the vehicle is sufficiently reduced to enable it to pass a signal, traffic 99 light, or device with due regard for the safety of persons and property; 100 3. Park or stop notwithstanding the other provisions of this chapter; 101 4. Disregard regulations governing a direction of movement of vehicles turning in specified directions 102 so long as the operator does not endanger life or property; or 103 5. Pass or overtake, with due regard for the safety of persons and property, another vehicle. 104 Notwithstanding other provisions of this section, vehicles exempted in this subsection may sound a 105 siren or any device to give automatically intermittent signals. 106 §46.2-1023. Flashing red or red and white warning lights. 107 Fire apparatus, forest warden vehicles, emergency medical services vehicles, vehicles of the 108 Department of Emergency Management, vehicles of the Department of Environmental Quality, vehicles 109 of the Virginia National Guard Civil Support Team and the Virginia National Guard Chemical, 110 Biological, Radiological, Nuclear and High Yield Explosive (CBRNE) Enhanced Response Force 111 Package (CERFP) when responding to an emergency, vehicles of county, city, or town Departments of 112 Emergency Management, vehicles of the Office of Emergency Medical Services, traffic incident 113 management vehicles as defined in § 46.2-920, animal warden vehicles, and vehicles used by security 114 personnel of the Huntington Ingalls Industries, Bassett-Walker, Inc., the Winchester Medical Center, the 115 National Aeronautics and Space Administration's Wallops Flight Facility, and, within those areas 116 specified in their orders of appointment, by special conservators of the peace and policemen for certain 117 places appointed pursuant to §§ 19.2-13 and 19.2-17 may be equipped with flashing, blinking, or 118 alternating red or red and white combination warning lights of types approved by the Superintendent. 119 Such warning lights may be of types constructed within turn signal housings or motorcycle headlight 120 housings, subject to approval by the Superintendent. 121 §46.2-1029.2. Certain vehicles may be equipped with secondary warning lights. 3 of 3 122 In addition to other lights authorized by this article, any (i) fire apparatus, (ii) government-owned 123 vehicle operated on official business by a local fire chief or other local fire official, and (iii) emergency 124 medical services vehicle, and (iv) traffic incident management vehicle as defined in § 46.2-920 may be 125 equipped with alternating, blinking, or flashing red or red and white secondary warning lights mounted 126 inside the vehicle's taillights or marker lights of a type approved by the Superintendent of State Police. 127 § 46.2-1030. When lights to be lighted; number of lights to be lighted at any time; use of 128 warning lights. 129 A. Every vehicle in operation on a highway in the Commonwealth shall display lighted headlights 130 and illuminating devices as required by this article (i) from sunset to sunrise; (ii) during any other time 131 when, because of rain, smoke, fog, snow, sleet, insufficient light, or other unfavorable atmospheric 132 conditions, visibility is reduced to a degree whereby persons or vehicles on the highway are not clearly 133 discernible at a distance of 500 feet; and (iii) whenever windshield wipers are in use as a result of fog, 134 rain, sleet, or snow. The provisions of this subsection, however, shall not apply to instances when 135 windshield wipers are used intermittently in misting rain, sleet, or snow. 136 B. Not more than four lights used to provide general illumination ahead of the vehicle, including at 137 least two headlights and any other combination of fog lights or other auxiliary lights approved by the 138 Superintendent, shall be lighted at any time. However, motorcycles may be equipped with and use not 139 more than five approved lights in order to provide general illumination ahead of the motorcycle. These 140 limitations shall not preclude the display of warning lights authorized in §§ 46.2-1020 through O 141 46.2-1027, or other lights as may be authorized by the Superintendent. 142 C. Vehicles equipped with warning lights authorized in §§ 46.2-1020 through 46.2-1027 shall display 143 lighted warning lights as authorized in such sections at all times when responding to emergency calls, 144 responding to traffic incidents, towing disabled vehicles, or constructing, repairing, and maintaining (j) 145 public highways or utilities on or along public highways, except that amber lights on vehicles designed 146 with a ramp on wheels and a hydraulic lift with a capacity to haul or tow another vehicle, commonly L`,147 referred to as "rollbacks," need not be lit while the vehicle is in motion unless it is actually towing a 148 vehicle. 149 D. The failure to display lighted headlights and illuminating devices under the conditions set forth in 150 clause (iii) of subsection A shall not constitute negligence per se, nor shall violation of clause (iii) of rn 151 subsection A constitute a defense to any claim for personal injury or recovery of medical expenses for uj 152 injuries sustained in a motor vehicle accident. rl 153 E. No demerit points shall be assessed for failure to display lighted headlights and illuminating `--I 154 devices during periods of fog, rain, sleet, or snow in violation of clause (iii) of subsection A. 155 F. No citation for a violation of clause (iii) of subsection A shall be issued unless the officer issuing vl 156 such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other 157 provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a �--� 158 motor vehicle or any criminal statute. H H H h� to ( ,4 ' ° gi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 6-2.1 to the City Code to Prohibit Tents on the Beach at Night MEETING DATE: December 10, 2019 • Background: This ordinance aims to address the concerns of citizens that have contacted the City about tents erected overnight on City beaches. The Police Department requested this ordinance to assist in maintaining safety and order on City beaches overnight. Currently, two provisions in the City Code address similar issues: Section 6-2 prohibits obstructing the beach from public use at all times of the day; and City Code Section 6-4 prohibits any person from sleeping on the beach at night (between 8 p.m. and 8 a.m.). This ordinance adds a new provision to prohibit tents, shelters, and other structures from being erected at night. • Considerations: A violation of the ordinance will be a Class 2 misdemeanor, punishable by confinement in jail for up to six months and/or a fine of not more than $1,000. The Police Department has requested the new ordinance be punishable as a Class 2 misdemeanor to assist in enforcement efforts to remove prohibited structures from the beach. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: /iNL 1 AN ORDINANCE TO ADD SECTION 6-2.1 TO 2 THE CITY CODE TO PROHIBIT TENTS ON 3 THE BEACH AT NIGHT 4 5 SECTION ADDED: § 6-2.1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 6-2.1 is hereby added to the Code of the City of Virginia Beach and 11 ordained to read as follows: 12 13 Sec. 6-2.1. — Tents, shelters, or structures on beach. 14 15 It shall be unlawful and a Class 2 misdemeanor for any person to erect, maintain, 16 use, or occupy on any beach any tent, shelter, or structure of any kind between the hours 17 of 8:00 p.m. and 8:00 a.m. unless authorized by a valid permit issued pursuant to Sections 18 4-1 or 24-6. 19 20 21 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22 day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )662.e 7-c/4",lef-r, Police Department City'Attorney's effie CA14955 R-1 November 22, 2019 4f it GN,f- .0 : :,„ i -J CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closure of a 9,812 Sq. Ft. Unimproved Portion of Potomac Street DATE: December 10, 2019 • Background: Columbus 4692 Associates, L.L.C., a Virginia limited liability company (the "Applicant"), requested the closure of a 9,812 sq. ft. unimproved portion of Potomac Street (the "Right-of-Way"). The Right-of-Way runs east/west approximately 200 feet south of the intersection of Independence and Virginia Beach Boulevards. The Applicant owns the property on either side of the Right- of-Way and owns the underlying fee in the Right-of-Way. • On December 11, 2018, by Ordinance ORD-3576A, City Council approved the Applicant's request to close the Right-of-Way, subject to the following conditions being met by December 11, 2019: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into Applicant's adjoining parcel. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. An appropriately sized easement satisfactory to the applicable agencies of the City of Virginia Beach shall be dedicated for all public infrastructure remaining within the Right-of-Way to be closed. Any relocation of public infrastructure is subject to review, requirements, and approval by the applicable agencies of the City of Virginia Beach. 4. The Applicant shall verify that no private utilities exist within the Right-of- Way. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the Right-of- Way, this approval shall be considered null and void. The Applicant is in the process of obtaining an appraisal of the Right-of-Way to submit in connection with the determination of the purchase price of the Right-of- Way; however, the appraisal will not be available prior to the deadline to meet the conditions. On November 15, 2019, the Applicant requested a six-month extension of time to satisfy the conditions set forth in Ordinance ORD-3576A. Staff concludes that the request for a six-month extension to satisfy the conditions is reasonable. • Recommendations: Approval • Attachments: Ordinance, Location Map, Disclosure Statement Form Recommended Action: Approval ,Q Submitting Department/Agency: Planning Department City Manager: /N[C— 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSURE OF A 9,812 SQ. FT. UNIMPROVED 4 PORTION OF POTOMAC STREET 5 6 WHEREAS, on December 11, 2018, City Council acted upon the application of 7 Columbus 4692 Associates, L.L.C., a Virginia limited liability company (the "Applicant"), 8 for the closure of a 9,812 sq. ft. unimproved portion of Potomac Street (the "Right-of- 9 Way"); 10 11 WHEREAS, by Ordinance ORD-3576A, City Council approved the closure of the 12 aforesaid Right-of-Way subject to certain conditions being met on or before December 13 11, 2019; and 14 15 WHEREAS, on November 15, 2019, the Applicant requested a six-month 16 extension of time to satisfy the conditions attached to the aforesaid street closure 17 action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in Ordinance ORD- 23 3576A, adopted on December 11, 2018, upon application of Columbus 4692 24 Associates, L.L.C., is hereby extended to June 11, 2020. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27 day of , 2019. GPIN: Right-of-way/ no GPIN assigned Adjacent to GPIN: 1477-45-1163 & 1477-34-9747 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney P anning Department CA14846 \\vbgov.com\DFS 1 W pplications\CitylawProd\cycom32\Wpdocs\DOI 5\P027\00392120.DOC R-1 November 25, 2019 LOCATION MAP tar f/tr (2ca /s) NOW OR FORMERLY INDEP I, LLC GPIN #1477-45-1163 NOW OR FORMERLY (M.B. 196, PG. 34) INDEP II, LLC GPIN #1477-35-9047 (M.B. 2442, PG. 245) N 8 7 Z p�3� E S2 19'41'48' W ' A=28.38.33' 188.78' R=208.50' Z S 89'3723' W AREA OF CLOSURE 9,812* SF J to 0.225t AC. - Lu NOW OR FORMERLY x o a eL COLUMBUS 4692 ASSOCIATES LLC O'N GPIN #1477-34-9747 � rr w a a (M.B. 241, PG. 47) o - 3v m p�p z�a� Eq, NOW OR FORMERLY WEST NECK LLC GPIN #1477-44-2539 (M.B. 209, PG. 59) "TH Op 'A 11.29.18 IONALGti —.[---NOW OR FORMERLY CITY OF VIRGINIA BEACH la a.MET GPIN #1477-44-0366 (M.B. 141, PG. 15) Ate'or as /I/, R /S/ EXHIBIT SHOWING STREET CLOSURE AT PORTION OF POTOMAC STREET S Site Improvement Associates, Inc. (UNIMPROVED) A ,v„ere Engw'eringJa rd VIRGINIA BEACH, VA Construction Come Together SCALE: 1'=100' DATE: 11/29/18 100 50 0 100 200 SOO Juneer Crescent Mote A OHIce:757-577-PODO Ch..poexa,VA 23320 sea:757471424S scale feet Disclosure Statement VB Virginia Beach APPLICANT'S NAME Columbus 4692 Associates,L.L.C. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodpiain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) g Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board e s The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • e SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any 1 Page 1 of 7 Planning Commission and City Council meetin. that rertains to the ai.i lication(s). i O APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: ��'jI �� 11A6/fr�dI i ❑� REVISIONS SUBMITTED DATE:-- Columbus 4692 Associates, LLC Agenda Item 12 Page 11 Disclosure Statement Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Columbus 4692 Associates LLC If an LLC, list all member's names: Michael D.Sifen, Manager; Larry K.Sifen, Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (ft) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes and 2 4 4 SECTION 2 I PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: W_ if an LLC, list the member's names: Page 2 of 7 Columbus 4692 Associates, LLC Agenda Item 12 Page 12 Disclosure Statement r Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 2 "Affiliated business ent relationship" means °a relationship, other than itY p° p, parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ip a controlling owner In one entity is also a controlling owner in the other entity,or (ill) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities,"See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Columbus 4692 Associates, LLC Agenda Item 12 Page 13 Disclosure Statement APPLICANT Virginia Bach YES NO SERVICE PROVIDER(use additional sheets if needed) �`► Accounting and/or preparer of �� your tax return �' Architect/Landscape Architect/ Finley Design Architecture Land Planner Contract Purchaser(if other than the Aaoikant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) kvi Construction Contractors Engineers/Surveyors/Agents Site Improvement Associates,Inc.• Financing(include current Union Bank&Trust N ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) j1 Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/ ® Agents/Realtors for current and anticipated future sales of the subject property 'Martin Engineering 4 s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ' ❑ an interest in the subject land or any proposed development ko contingent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Columbus 4692 Associates, LLC Agenda Item 12 Page 14 t Disclosure Statement NB Virginia Beach . CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Application. Columbus 4692 Associgtw IC. By11/i ./— /6.1.4 2 ,1 , Michael D.Sifen,Manager 01,i yJ_1,g APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Columbus 4692 Associates, LLC Agenda Item 12 Page 15 -4121 IV CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Amendment to the Purchase Agreement Between the City of Virginia Beach and Princess Anne Hotel, LLC, for Sale of City Property Located at the Intersection of Princess Anne Road and Community College Place MEETING DATE: December 10, 2019 • Background: In accordance with Ordinance ORD-35841, approved by City Council on March 19, 2019, the City of Virginia Beach (the "City") and Princess Anne Hotel, LLC, a Virginia limited liability company ("Princess Anne Hotel") entered into a Purchase Agreement dated August 21, 2019 (the "Purchase Agreement"). The Purchase Agreement provides for the development of a 3.35+/- acre parcel of land at the intersection of Princess Anne Road and Community College Place (GPIN: 1485-34- 9414), and an option to purchase and develop an adjacent 3.06+/- acre parcel (GPIN: 1485-44-2154) (collectively, the "Property"). The Purchase Agreement further provides for the City to enter into a Cost Participation Agreement with Princess Anne Hotel for the purpose of reimbursing Princess Anne Hotel the actual cost of providing certain infrastructure improvements on and servicing the Property, including extension of sewer force mains, public water lines and stormwater outfall pipes (the "Utility Extension"). The estimated cost of the Utility Extension was $475,000, which amount would be paid by Princess Anne Hotel and credited against the purchase price paid for the Property. Subsequent to the March 19, 2019 Council approval, the parties have continued to work to optimize the form and location of the Utility Extension. The parties have concluded that the proper scope of the sewer system is a gravity sewer system instead of three (3) low pressure force mains. The gravity sewer system (which will be primarily within public easements and maintained by the City) is more expensive than the initial estimates. Based upon bid estimates received, this additional expense, coupled with an increase in the scope and cost of the stormwater facilities, results in an actual cost of the Utility Expansion of approximately $790,000. Developer has requested that the City agree to increase the maximum reimbursement for the cost of the Utility Extension by an additional $315,000 to cover this increased cost. • Considerations: City staff has determined that the additional funds requested are necessary for the proper and complete installation of the Utility Extension. The Property will not be suitable for development without undertaking the Utility Extension. Except for the modification set forth herein, all other terms of the Purchase Agreement remain unchanged and consistent with the Term Sheet previously approved by City Council. The additional funds would be credited against the purchase price, with the City still receiving approximately $1,156,300 in net sale proceeds for the first parcel. • Public Information: Public notice will be provided via the normal City Council agenda process. • Recommendations: Approval • Attachments: Ordinance, Location Map Recommended Action: Approval SubmittingDepartment/Agency: Economic Development ( �(N City Manager: /*ft. 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE AN AMENDMENT TO THE PURCHASE 3 AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH 4 AND PRINCESS ANNE HOTEL, LLC, FOR SALE OF CITY 5 PROPERTY LOCATED AT THE INTERSECTION OF 6 PRINCESS ANNE ROAD AND COMMUNITY COLLEGE 7 PLACE 8 9 WHEREAS, the City of Virginia Beach (the "City") and Princess Anne Hotel, LLC, 10 a Virginia limited liability company ("Princess Anne Hotel") are parties to a Purchase 11 Agreement dated August 21, 2019 (the "Purchase Agreement"); 12 13 WHEREAS, the Purchase Agreement provides for the development of a 3.35+/- 14 acre parcel of land located at the intersection of Princess Anne Road and Community 15 College Place (GPIN: 1485-34-9414), and an option to purchase and develop an adjacent 16 3.06+/- acre parcel (GPIN: 1485-44-2154) (collectively, the "Property"); 17 18 WHEREAS, the terms of the Purchase Agreement were approved by City Council 19 on March 19, 2019, by Ordinance ORD-35841; 20 21 WHEREAS, the Purchase Agreement provided for the parties to enter into a Cost 22 Participation Agreement whereby the City would credit Princess Anne Hotel against the 23 purchase price for the Property up to the actual cost of providing certain infrastructure 24 improvements, including extension of sewer force mains, public water lines and 25 stormwater outfall pipes (the "Utility Extension"); 26 27 WHEREAS, the estimated cost for the Utility Extension to be credited by the City 28 was capped at $475,000; however, it has been determined that the actual cost of the 29 Utility Extension will be approximately $790,000; and 30 31 WHEREAS, City Council is of the opinion that the additional funds are necessary 32 to properly complete the installation of the Utility Extension. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 1. That the City Manager is hereby authorized to execute an amendment to 38 the Purchase Agreement between the City and Princess Anne Hotel, to increase the 39 maximum credit against the purchase price for the actual cost of the Utility Extension to 40 $790,000, and such other terms, conditions or modifications as may be acceptable to the 41 City Manager and in a form deemed satisfactory by the City Attorney. 42 43 2. Except as modified herein, all terms, conditions and obligations of the parties 44 set forth in the Purchase Agreement shall remain unchanged and in full force and effect. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 47 , 20 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ?.c7 Economic Develo ent City Attorney CA 14847 \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d025\p031\00605188.docx R-1 December 2, 2019 1 Vim' ----i+0--`Odi i- Ln N N 0 1 4J i U dca l6 Li) 1 iE O Tr + • Oa Z cri //, v Tr m / ,. , m I < ell �' z '° Zm x\.1} • 0 ". T 1 1\11 .,I. : - 0,N. ,A., * * \ * a * * N. * w.. 1 roc — a t* . of E� .s 41$11k.811.4 . ‘\-> '''''' ', ,� r — c.) .. —vet* ..\-\\„, / * / * ice 1\ • 4.4 hIto • 4 '-rya' ' • Disclosure Statement /Sis. �+.s ' h rvim' f,� �-- Vi APPLICANT'S NAME Princess Anne Hotel,LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Coundl. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modifltation of by City Property Conditions or Proffers Alternat ve Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board s ♦ The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 /APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 PFanni y Commission and Ow Council meeting that.unions to the a nitcattOn(4t ❑ APPLICANT NOTIFIED OF HEARING DATE CI NO CHANCES AS OF DATE lir REVISIONS SUBMITTED/f da d DATE J2/3//9 !J S Princess Anne Hotel, LLC Agenda Item 15 Page 13 Disclosure Statement /B N Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Z! Check here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization, (A) List the Applicant's name:Princess Anne Hotel,LLC If an LLC,list all member's names: Page S.Johnson, II Mat-K F. 0rceGI eik If a CORPORATION, list the the names of all officers,directors, members, trustees, etc below (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant:(Attach list if necessary) Harmony Hospitality, Inc. See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is differe Applicant. 2 Check here If the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. El Check here If the PROPERTY OWNER LS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name: City of Virginia Beach If an LLC,list the member's names: Page 2 of 7 L ___ Princess Anne Hotel,LLC Agenda Item 15 Page 14 Disclosure Statement Vi3 Virginia Reach If a Corporation,list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) `Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of interests Act,Va. Code§2.2.3101. 2 'Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship,that exists when Q one business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (ill) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities?See State and local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business oneratinc or to be operated on the Pro Derr;. if the answer to any item is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Princess Anne Hotel,LLC Agenda Item 15 Page 15 Disclosure Statement APPLICANT Vagina Beach, YES NO SERVICE PROVIDER(use additional sheets If needed) ❑ ® Accounting and/or preparer of your tax return 0;2 ❑ Architect/Landscape Architect/ Bel Lammas Land Planner ❑ Contract Purchaser(if other than �� =he Applicant)-identify purchaser and purchaser's servke providers Any other pending or proposed ❑ ® purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) ® 9 -___ Construction contractors I-}o ConS+ruC}ton 2"nc. 0 Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders El � ' selected or being considered to provide financing for acquisition or construction of the property) / El Legal Services Singer Davis Real Estate Brokers/ ❑ ►,� Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development ❑ contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? The current land owner of the subject parcels Is the City of Virginia Beach. ( N/A) Page 4 of 7 i Princess Anne Hotel,LLC Agenda item 15 Page 16 Disclosure Statement .AB VBead, CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meets , or meeting of any public body or committee in connection with this A on. Page S.Johnson,II APPLICANTS SIGNATURE PRINT NAME p tr Page 5of7 Princess Anne Hotel,LLC Agenda Item 15 Page 17 Disclosure Statement Ni3 OWNER Virginia> . YES I NO SERVICE I PROVIDER Luse adduced swab u ❑ 0 Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than a ��( lbe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchasers)and purchaser's service providers) ❑ ► Construction Contractors 0 ❑ Engineers/Surveyors/Agents IOmtey-Hom&Mid/Wantie Surveying Financing(include current ❑ F mortgage holders anti tenders A( selected or being considered to provide financing for acquisition or construction of the property) F. Legal Services Real Estate Brokers/ ▪ ® Agents/Realtors for current and anticipated future sales of the subject property a--- • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what Is the name of the official or employee and what Is the nature of the Interest? The current land owner of the subject parcels is the City of Virginia Beach. Page 6of7 Princess Anne Hotel,LLC Agenda item 15 Page 18 • Disclosure Statement Virginia Beath CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate, I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information • provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, meeting of any public body or committee in connection with this to plicati,n. \ J David L. Hansen .4 4 SICNA� TOE PRINT NAME DATE Page 7 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 19 L wb-T`�affi r��yvJ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: Ordinances to Designate 99ForThe1, African American Cultural Center, Inc., Cornerstone Property Ventures, LLC, Courthouse Area Charity, DC Art Institute of Virginia Beach, LLC, DC South University of Virginia, LLC, Eliza Hope Foundation, Free Foundation for Rehabilitation Equipment and Endowment, In Home Health, LLC, Irockmyscars, Inc., Millspaugh Missions International, PACH, LLC, The Red Horse Running Equine Foundation, Sandler Center for the Performing Arts Foundation, Inc., THSB, LLC, Victory Innovative Christian Academy, Virginia Beach Art Center, Virginia Gentlemen Foundation, and Virginia Sports Hall of Fame Foundation, Inc. as Being Exempt from Local Property Taxation MEETING DATE: December 10, 2019 • Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner of the Revenue has received nineteen applications for tax exemption by designation. The Commissioner has reviewed the applications and finds each meets the City Council policy for Tax Exemption by Designation. This group of proposed ordinances includes six exemptions that are specific to real estate. Each of these real property applicants has requested an effective date that precedes the January 1 date that would be consistent with City Council Policy. See Section 3.0.5. The Council has the discretion to set the applicable date for such exemptions. The applicant, requested date, and a reason for such date are provided as follows: • African American Cultural Center, Inc, February 19, 2019, date the property was transferred from the City to the nonprofit; • Cornerstone Property Ventures, LLC, July 1, 2019, tax day for FY20 (property managed as part of the VBCDC portfolio and change in local tax treatment is required by the August 2019 Virginia Attorney General Opinion); • Courthouse Area Charity, July 1, 2019, tax day for FY20 (this nonprofit owns improvements not fee simple, and the facility, a former Masonic Lodge, received its certificate of occupancy in the first quarter of FY20); • PACH, LLC, March 1, 2019, near date when rescue squad, through PACH, LLC, purchased property; • THSB, LLC, July 1, 2019, tax day for FY20 (property transferred from City to Virginia Beach Education Foundation in first quarter of FY20); • Virginia Gentlemen Foundation, July 1, 2019, tax day for FY20 (first tax day after the property received certificate of occupancy for Camp Grom). • Alternative: City Council is not required to approve exemption requests. • Public Information: A public hearing for these items was held on December 3, 2019, during the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. • Attachments: Ordinances (19); Commissioner of Revenue Summary of the Applications (19); Disclosure Forms (19); Council Policy Recommended Action: Approval of Ordinances Submitting Department/Agency: Commissioner of the Revenue City ManagerZ • c.tiNv+sic Original Proposal o dam•- �c ;�`ti `:., CityCouncil Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6,2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent,cultural,or public park and playground purposes. However, as provided in Virginia Code §58.1-3651, the local governing body must adopt an ordinance to exempt the property. . 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6, 2008 Page 2 .of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Articie 3 (§58.1-3609 et seq.) of Tide 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive t Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. AppIications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City CIerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption.Responsibility for making available information, application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for.the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption, LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council 1 AN ORDINANCE TO DESIGNATE 99FORTHE1 AS BEING 2 EXEMPT FROM REAL AND PERSONAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to 99ForThe1; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates 99ForThe1 13 a charitable organization within the context of§ 6(a)(6)of Article X of the Constitution of Virginia 14 and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by 99ForThe1 located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by 99ForThe1 for exclusively charitable purposes; 23 24 (b) that each July 1, 99ForThe1 shall file with the Commissioner of the Revenue a 25 copy of its most recent federal income tax return, or if no such return is required, 26 it shall certify its continuing tax exempt status to the Commissioner of the 27 Revenue; 28 29 (c) that every three years, beginning on January 1, 2022, 99ForThe1 shall file an 30 exemption application with the Commissioner of the Revenue as a requirement 31 for retention of the exempt status of the property; and 32 33 (d) that 99ForThe1 cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue t rney's Office CA14939/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: 99ForThe1 Website: https://www.99forthel.com/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY 99forthe1 is a homeless ministry operated in the City of Virginia Beach. The organization operated a mobile ministry from vehicles purchased by the founders. The residence is used for admin purposes only, all located items are housed in a storage unit until needed. This entity provides, food, clothing, and personal hygiene. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $1,600.00 Tax: $25.60 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—June 30, 2017 DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications ,.I. wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: 99FarThe 1 SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of Minton CPA&Associates, PLLC 1 ^ 1 your tax return Financial Services (include [� J lending/banking institutions and current mortgage holders as applicable) Pierce McCoy, PLLC 171( Legal Services Broker/Contractor/Engineer/Other X Service Providers 1 _ 1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Patllefii' Rachel Fjeld Oct 29,2019 APPLICANT'S SIGNATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE AFRICAN AMERICAN 2 CULTURAL CENTER, INC. AS BEING EXEMPT FROM 3 REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to African American Cultural Center, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates African 13 American Cultural Center, Inc. a charitable organization within the context of§6(a)(6)of Article 14 X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by African American Cultural Center, Inc. 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by African American Cultural Center, Inc. for 23 exclusively charitable purposes; 24 25 (b) that each July 1, African American Cultural Center, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2022,African American Cultural 31 Center, Inc. shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d)that African American Cultural Center, Inc. cooperate fully with the Commissioner 35 of the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be February 19, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue i Office CA14935/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: African American Cultural Center, Inc Website: https://www.aaccvb.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The African American Cultural Center was organized to provide opportunities for everyone to learn about African American Culture, explore and revel in its history, current experiences and future possibilities. The AACC purpose is to share the essential role African American culture played in the history if our City, region and State, and reinforce the impact of the African American struggle for civil rights and its influences on freedom struggles regionally and around the world. The AACC accomplishes these objective through grants, donations, and fundraising activities. TAX IMPACT Real Property Parcel 14684217660000 Assessment: 357,500.00 Tax: 3,788.30 Assessment: 1,313,600.00 Tax: $13,365.88 Business Property Assessment: None Tax: None Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status— October 18, 2016 DISCLOSURE STATEMENT FORM 4 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: �c�►� �� lE e°" �� frt- SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Financial Services (includeEi lending/banking institutions and (ounte 6.4L current mortgage holders as (Sex) Lnb"il 'S applicable) JJ i 0 El Legal Services ica el-mass Cara kf Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. niIIIcL, - 1n 9/ellef APPLICANT'S SIGNATURE PRINT NAME D 9/ell 1 AN ORDINANCE TO DESIGNATE CORNERSTONE 2 PROPERTY VENTURES, LLC AS BEING EXEMPT FROM 3 REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Cornerstone Property Ventures, LLC; 8 9 WHEREAS, Cornerstone Property Ventures, LLC, is a single member limited liability 10 company whose sole member is the Virginia Beach Community Development Corporation, a 11 nonprofit organization; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 17 Cornerstone Property Ventures, LLC a charitable organization within the context of§6(a)(6)of 18 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 19 20 2. That real and personal property owned by Cornerstone Property Ventures, LLC 21 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 22 nonprofit basis is hereby exempt from local property taxation. 23 24 3. This exemption is contingent on the following: 25 26 (a) continued use of the property by Cornerstone Property Ventures, LLC for 27 exclusively charitable purposes; 28 29 (b) that each July 1, Cornerstone Property Ventures, LLC shall file with the 30 Commissioner of the Revenue a copy of its most recent federal income tax 31 return, or if no such return is required, it shall certify its continuing tax exempt 32 status to the Commissioner of the Revenue; 33 34 (c) that every three years, beginning on January 1, 2022, Cornerstone Property 35 Ventures, LLC shall file an exemption application with the Commissioner of the 36 Revenue as a requirement for retention of the exempt status of the property;and 37 38 (d)that Cornerstone Property Ventures, LLC cooperate fully with the Commissioner 39 of the Revenue with respect to audit of its financial records and compliance with 40 the terms of this ordinance. 41 42 4. That the effective date of this exemption shall be July 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL FFI NCY: Commissioner of the Revenue Cit 's ffice CA14938/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Cornerstone Property Ventures LLC Website: https://www.vbcdc.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Cornerstone Property Ventures, LLC in a single member LLC wholly owned by Virginia Beach Community Development Corp a 501.c.3 organization. This entity manages properties for low-income families and disabled veterans. The organization is also requesting the exemption for the current tax year. TAX IMPACT Real Property Parcel Assessment: 5,478,000.00 Tax: $55,738.66 Business Property Assessment: None Tax: None Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—August 1987 DISCLOSURE STATEMENT FORM 4 4, The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: C {Sor- Pr? -_�/c%+�o? L . SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) tiAccounting and/or preparer of Oi4O4 HC(tjre_5 C70061 wlarl your tax return Financial Services (include WO} p lending/banking institutions and �pZGhFi -rN-\ \1^0 GUrL current mortgage holders as applicable) Tai.x-t-Bcs,4e -gar\\L Sire l \ft S, Li-C Er 0 Legal Services VICV\ia teach Co^cl rn t EK 0 Broker/Contractor/Engineer/Other Alt- CocpOr --? Service Providers Ct c - ' CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. _ citS A el ty,,t h v /O/2 /t APPLIC 'S SIGN RE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE COURTHOUSE AREA 2 CHARITY AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Courthouse Area Charity; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Courthouse Area Charity a charitable organization within the context of§ 6(a)(6)of Article X of 14 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Courthouse Area Charity located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Courthouse Area Charity for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Courthouse Area Charity shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner of 28 the Revenue; 29 30 (c) that every three years, beginning on January 1, 2022, Courthouse Area Charity 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Courthouse Area Charity cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be July 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL Y: Commissioner of the Revenue i or 's Office CA14936/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Courthouse Area Charity Website: N/A SUMMARY OF NONPROFIT BUSINESS ACTIVITY This non-profit charitable organization provides a meeting place for organizations that do not have a place to meet, Princess Anne Masonic lodge, Boy Scouts, Church Organizations are just a few of the groups that used the building. The organization receives its income from the organizations using the building, donations, and planned future fundraisers. The organizations leases the land the building was constructed on from the Princess Anne Masonic Lodge and all of the personal property is owned by the lodge. Entity is seeking a current year exemption. TAX IMPACT Real Property Parcel Assessment: 912,800.00 Tax: 9,219.28 Business Property Assessment: None Tax: None Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status —August 3, 2017 DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: ftUr OVSF' r��-- C9-V� SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) d � Accounting and/or preparer of your tax return L roc 1��ct Co r Financial Services (include lending/banking institutions and current mortgage holders as fp le) /1 E Y� applicable) EZ( El Legal Services 19,-)f:)c ( �� Er Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. \)J . g-oV APPLIC NT'S SIGNATURE PRINT-WAME DATE 1 AN ORDINANCE TO DESIGNATE DC ART INSTITUTE OF 2 VIRGINIA BEACH, LLC, AS BEING EXEMPT FROM REAL 3 AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to DC Art Institute of Virginia Beach, LLC; 8 9 WHEREAS, DC Art Institute of Virginia Beach, LLC, is a single member limited liability 10 company whose sole member is Dream Center Education Holdings, LLC, a single member 11 limited liability whose sole member is Dream Center Foundation, Inc, a nonprofit organization; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 1. That the Council of the City of Virginia Beach, Virginia, hereby designates DC Art 17 Institute of Virginia Beach, LLC a charitable organization within the context of§6(a)(6)of Article 18 X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 19 20 2. That real and personal property owned by DC Art Institute of Virginia Beach, LLC 21 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 22 nonprofit basis is hereby exempt from local property taxation. 23 24 3. This exemption is contingent on the following: 25 26 (a) continued use of the property by DC Art Institute of Virginia Beach, LLC for 27 exclusively charitable purposes; 28 29 (b) that each July 1, DC Art Institute of Virginia Beach, LLC shall file with the 30 Commissioner of the Revenue a copy of its most recent federal income tax 31 return, or if no such return is required, it shall certify its continuing tax exempt 32 status to the Commissioner of the Revenue; 33 34 (c) that every three years, beginning on January 1, 2022, DC Art Institute of Virginia 35 Beach, LLC shall file an exemption application with the Commissioner of the 36 Revenue as a requirement for retention of the exempt status of the property; and 37 38 (d)that DC Art Institute of Virginia Beach, LLC cooperate fully with the Commissioner 39 of the Revenue with respect to audit of its financial records and compliance with 40 the terms of this ordinance. 41 42 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APP D AS TO LEGAL F ICIE Y: Commissioner of the Revenue i r s Office CA14937/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: DC Art Institute of Virginia Beach, LLC Website: www.artinstitutes.edu/virginia-beach SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Art Institute of Virginia Beach, LLC is a private institute of learning offering bachelor degrees, associate degrees, diploma's and certificated in the field of applied arts. They offer courses in visual design, photography, culinary, fashion, and animation and effects. Student come to Art Institutes with a natural artistic ability, and our instructors help them strengthen those skills and guide their professional growth and maturity. Faculty and students are involved in numerous local events, and believe in giving back to the community by supporting various charitable events. Students and faculty have participated in events at the Food Bank, the Children's Hospital of the King's Daughters, the Gosport Arts Festival, the Virginia Opera, the Hispanic Chamber of Commerce, and the Judeo-Christian Outreach Center. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $2,797,612 Tax: $44,761.79 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status — October 26, 2010 D1SCLISURE STATEMENT RM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION I / APPLICANT DISCLOSURE Orga azat on name: ,q/z_T slosii-z.sur( ac `szn.Gz Sc-.,4o-( SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) I I Accounting and/or preparer of your tax return Financial Services (include 54 lending/banking institutions and current mortgage holders as applicable) Legal Services c Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: ...�...__t�._.,�w_� I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. • $4,-C t.. NA 3, 2 I-N. APPLICANTS SIGNATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE DC SOUTH UNIVERSITY 2 OF VIRGINIA, LLC, AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to DC South University of Virginia, LLC; 8 9 WHEREAS, DC South University of Virginia, LLC, is a single member limited liability 10 company whose sole member is Dream Center Education Holdings, LLC, a single member 11 limited liability whose sole member is Dream Center Foundation, Inc, a nonprofit organization; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 1. That the Council of the City of Virginia Beach,Virginia, hereby designates DC South 17 University of Virginia, LLC a charitable organization within the context of§6(a)(6)of Article X of 18 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 19 20 2. That real and personal property owned by DC South University of Virginia, LLC 21 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 22 nonprofit basis is hereby exempt from local property taxation. 23 24 3. This exemption is contingent on the following: 25 26 (a) continued use of the property by DC South University of Virginia, LLC for 27 exclusively charitable purposes; 28 29 (b) that each July 1, DC South University of Virginia, LLC shall file with the 30 Commissioner of the Revenue a copy of its most recent federal income tax 31 return, or if no such return is required, it shall certify its continuing tax exempt 32 status to the Commissioner of the Revenue; 33 34 (c) that every three years, beginning on January 1, 2022, DC South University of 35 Virginia, LLC shall file an exemption application with the Commissioner of the 36 Revenue as a requirement for retention of the exempt status of the property;and 37 38 (d) that DC South University of Virginia, LLC cooperate fully with the Commissioner 39 of the Revenue with respect to audit of its financial records and compliance with 40 the terms of this ordinance. 41 42 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APP VED AS TO LEGAL U FICI C • Commissioner of the Revenue pity torriey's Office CA14947/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: DC South University of Virginia, LLC Website: www.southuniversity.edu/vrginia-beach SUMMARY OF NONPROFIT BUSINESS ACTIVITY South University is a private academic institution dedicated to providing educational opportunities for the intellectual, social, and professional development of a diverse student population. To achieve this purpose, the institution offers focused and balanced curricula at the associate's, baccalaureate, master's and doctoral levels. A broad-based core curriculum is offered, promoting critical thinking, effective verbal and written communication, and skills for life-long learning. Additionally, the University focuses on developing the requisites to pursue and appreciate knowledge. They offer undergraduate, graduate, masters, and doctoral degrees. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $3,075,604 Tax: $49,209.66 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—October 26, 2010 D SCL•SU RE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: s-o u� r�,�sU cc�2s s-f-y- v f� d c-� cA.Nt P(.r S SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) n .t Accounting and/or preparer of your tax return Financial Services (include rIA lending/banking institutions and current mortgage holders as applicable) �] r Legal Services r-1 Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. tejkaZ2-/ _ { i APPLICANT' SIGNATURE PRINT NAME DATE tLk 1 AN ORDINANCE TO DESIGNATE ELIZA HOPE 2 FOUNDATION AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Eliza Hope Foundation; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Eliza Hope 13 Foundation a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Eliza Hope Foundation located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Eliza Hope Foundation for exclusively charitable 23 purposes; 24 25 (b) that each July 1, Eliza Hope Foundation shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner of 28 the Revenue; 29 30 (c) that every three years, beginning on January 1, 2022, Eliza Hope Foundation 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Eliza Hope Foundation cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL NCY: Commissioner of the Revenue it 's Office CA14944/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Eliza Hope Foundation Website: https://elizahope.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Eliza Hope Foundation and Therapy Center is a place for children and families affected by autism. They provide these special needs children with the specialized education needed for them to grow in an educational and social setting. This is accomplished by providing a center where parents can bring their children to receive specialized care from various specialists in a one stop center. They provide educational training, testing, and support groups for children and families that have children with autism and other developmental delays. Their mission is to provide a center that meets the needs of children with autism spectrum disorder and other developmental delays. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $15,000.00 Tax: $240.00 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—June 2, 2017 DISCLOSURE STATEMENT FORM 4 a The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: gc-i z4 74e'-e SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) 131( Q Accounting and/or preparer of n#Qrn..." 4. tiff tax return t, �- okr fFinancial Services (include 1 �. v lending/banking institutions and current mortgage holders as applicable)d Q Legal Services U '^ l n ']�" a lam' Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it c anges prior to the Council action upon this Application. II#I A1. ^41/._'--)a. itif IN S IGN DA E I Nl" 5 A PRINT td1 1 AN ORDINANCE TO DESIGNATE FREE FOUNDATION 2 FOR REHABILITATION EQUIPMENT AND ENDOWMENT 3 AS BEING EXEMPT FROM REAL AND PERSONAL 4 PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 7 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 8 exemption from local real and personal property taxes to Free Foundation for Rehabilitation 9 Equipment and Endowment; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Free 15 Foundation for Rehabilitation Equipment and Endowment a charitable organization within the 16 context of § 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of 17 Virginia. 18 19 2. That real and personal property owned by Free Foundation for Rehabilitation 20 Equipment and Endowment located within the City of Virginia Beach that is used exclusively for 21 charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 22 23 3. This exemption is contingent on the following: 24 25 (a) continued use of the property by Free Foundation for Rehabilitation Equipment 26 and Endowment for exclusively charitable purposes; 27 28 (b) that each July 1, Free Foundation for Rehabilitation Equipment and Endowment 29 shall file with the Commissioner of the Revenue a copy of its most recent federal 30 income tax return, or if no such return is required, it shall certify its continuing tax 31 exempt status to the Commissioner of the Revenue; 32 33 (c) that every three years, beginning on January 1, 2022, Free Foundation for 34 Rehabilitation Equipment and Endowment shall file an exemption application with 35 the Commissioner of the Revenue as a requirement for retention of the exempt 36 status of the property; and 37 38 (d) that Free Foundation for Rehabilitation Equipment and Endowment cooperate 39 fully with the Commissioner of the Revenue with respect to audit of its financial 40 records and compliance with the terms of this ordinance. 41 42 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS O CONTENT: PP OVE AS O LEGAL SUFFICIENCY: Commissioner of the evenue c-- y r ey's Office CA14945/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Free Foundation for Rehabilitation Equipment and Endowment Website: http://www.free-foundation.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Free Foundation is a volunteer led non-profit organization that provided mobility rehabilitation equipment to help people re-gain their mobility and independence. They collect, sanitize, repair, and gift donated mobility equipment to uninsured and underinsured adults in Virginia. When the foundation gifts equipment the number of reported falls and insurance costs drop b over 80%. When those in need regain their mobility and independence Virginians save millions of dollars annually. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $17,600.00 Tax: $281.60 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status— March 22, 2004 • DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: K w�,9-�v•v SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Br a r Accounting and/or preparer of lo ' +'Reek ,(-PA ---- your tax return a4'01�� Financial Services (include �-0�. 1 � in Id, lending/banking institutions and current mortgage holders as applicable) 0 Legal Services •- E Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: t certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it , changes prior to the Council action upon this Application. In Roble Ran &i ALIG4NT'SSIGURE PRINT NAME D TE i; 1 AN ORDINANCE TO DESIGNATE IN HOME HEALTH, LLC, 2 AS BEING EXEMPT FROM REAL AND PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to In Home Health, LLC; 8 9 WHEREAS, In Home Health, LLC, is a single member limited liability company whose 10 sole member is HCR ManorCare, Inc, a nonprofit organization and wholly owned subsidiary of 11 ProMedica Health Systems, Inc, a nonprofit organization; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 1. That the Council of the City of Virginia Beach, Virginia, hereby designates In Home 17 Health, LLC a charitable organization within the context of § 6(a)(6) of Article X of the 18 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 19 20 2. That real and personal property owned by In Home Health, LLC located within the 21 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 22 hereby exempt from local property taxation. 23 24 3. This exemption is contingent on the following: 25 26 (a) continued use of the property by In Home Health, LLC for exclusively charitable 27 purposes; 28 29 (b) that each July 1, In Home Health, LLC shall file with the Commissioner of the 30 Revenue a copy of its most recent federal income tax return, or if no such return 31 is required, it shall certify its continuing tax exempt status to the Commissioner of 32 the Revenue; 33 34 (c) that every three years, beginning on January 1, 2022, In Home Health, LLC shall 35 file an exemption application with the Commissioner of the Revenue as a 36 requirement for retention of the exempt status of the property; and 37 38 (d)that In Home Health, LLC cooperate fully with the Commissioner of the Revenue 39 with respect to audit of its financial records and compliance with the terms of this 40 ordinance. 41 42 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU CY: Commiss oner of the Revenue or s Office CA14946/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION- ENTITY NAME: IN HOME HEALTH, LLC Website: https://www.heartlandhospice.com/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY In Home Health, LLC maintains and operates hospice and home health care agencies. In addition it carries on other activities to promote, sponsor, develop and operate programs and activities for the care and treatment of the sick, infirm, convalescent and aged. This company is a disregarded subsidiary of HCR ManorCare, Inc., a wholly owned subsidiary of ProMedica Health Systems. ProMedica Health Systems is a mission-based, not for profit integrated health care organization. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $98,001 Tax: $1,568.020 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 20, 2019 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: IN HOME HEALTH, LLC SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: EYESy NO SERVICE PROVIDER (use additional sheets if needed) f t Accounting and/or preparer of yam' your tax return Financial Services (include ED lending/banking institutions and current mortgage holders as a. .licable) [� [1 Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it _ changes prior to the Council action upon this Application. LYNNE DAVIS 5/1/19 : APPLUCA 'S SI ATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE IROCKMYSCARS, INC. 2 AS BEING EXEMPT FROM REAL AND PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to lrockmyscars, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Irockmyscars, Inc. a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Irockmyscars, Inc. located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Irockmyscars, Inc. for exclusively charitable 23 purposes; 24 25 (b) that each July 1, Irockmyscars, Inc. shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner of 28 the Revenue; 29 30 (c) that every three years, beginning on January 1, 2022, Irockmyscars, Inc. shall file 31 an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that lrockmyscars, Inc. cooperate fully with the Commissioner of the Revenue 35 with respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL FFI NCY: Commissioner of the Revenue ' Att rney's Office CA14943/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Irockmyscars, Inc Website: N/A only Facebook and Instagram SUMMARY OF NONPROFIT BUSINESS ACTIVITY Inspiring survivors by promoting positive body image through fashion, art and music through visible and invisible scars. When you look good you feel good. This organization encourages individuals to live life to the fullest. We provide a clothes closet, pantry, scholarships, transitional housing,job assistance, dance classes, and self-esteem boosters and more. Ms. Parker is a 2 time breast cancer survivor. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $1,583.00 Tax: $25.33 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status— October 26, 2018 DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: 1 2,0CYAliS P-S �C SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YE NO SERVICE PROVIDER(use additional sheets if $ needed) Accounting and/or preparer of your 1 q 1 S TresaiT t1 RI* ❑ tax return Financial Services(include N ftvy F.' -a-1 ❑ lending/banking institutions and current mortgage holders as area 014006 applicable) l Legal Services cJ ,R� �'' CD"Oni Pc- L.1 ❑ ❑ 2 Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Th/th atitiq tijil PLCANT'S S NATURE PRINT NAW DATE 1 AN ORDINANCE TO DESIGNATE MILLSPAUGH MISSIONS 2 INTERNATIONAL AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Millspaugh Missions International; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Millspaugh 13 Missions International a charitable organization within the context of§6(a)(6)of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Millspaugh Missions International located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Millspaugh Missions International for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Millspaugh Missions International shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2022, Millspaugh Missions 31 International shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d) that Millspaugh Missions International cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFF ENCY: Commissioner of the Revenue City Att y's Office CA14932/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Millspaugh Missions International Website: NONE SUMMARY OF NONPROFIT BUSINESS ACTIVITY Millspaugh Missions International is a small faith based organization established to spread the word of Jesus Christ and support missionaries. Currently the Millspaugh's are serving as missionaries and are using this non-profit entity to support their calling. They direct evangelism efforts through missions utilizing church crusades, concerts, movies, street evangelism, door to door visitations, open air and tent meetings. TAX IMPACT Real Property Parcel Assessment: None Tax: 0.00 Business Property Assessment: None Tax: 0.00 Personal Property Assessment: 12,850.00 Vehicle Tax: $514.00 RELEVANT INFORMATION IRS Granted 501 (c) 3 status—June 14, 2002 DISCLOSURE STATEMENT FORM 4 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: i/_, ,g-v 252Lv _ 41/31-/ '�t SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) �--� pr. Accounting and/or preparer of your tax return Financial Services (include 0, Z. lending/banking institutions and current mortgage holders as applicable) Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it , changes prior to the Council action upon this Application. i1/9-R 1#1 �IoF,/+PPLIC;10' 'S SI TU PRINT NAM DATE 1 AN ORDINANCE TO DESIGNATE PACH, LLC, AS BEING 2 EXEMPT FROM REAL AND PERSONAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to PACH, LLC; 8 9 WHEREAS, PACH, LLC, is a single member limited liability company whose sole 10 member is the Princess Anne Courthouse Volunteer Rescue Squad, a nonprofit organization; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 1. That the Council of the City of Virginia Beach, Virginia, hereby designates PACH, 16 LLC a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of 17 Virginia and §58.1-3651 of the Code of Virginia. 18 19 2. That real and personal property owned by PACH, LLC located within the City of 20 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 21 exempt from local property taxation. 22 23 3. This exemption is contingent on the following: 24 25 (a) continued use of the property by PACH, LLC for exclusively charitable purposes; 26 27 (b) that each July 1, PACH, LLC shall file with the Commissioner of the Revenue a 28 copy of its most recent federal income tax return, or if no such return is required, 29 it shall certify its continuing tax exempt status to the Commissioner of the 30 Revenue; 31 32 (c) that every three years, beginning on January 1, 2022, PACH, LLC shall file an 33 exemption application with the Commissioner of the Revenue as a requirement 34 for retention of the exempt status of the property; and 35 36 (d) that PACH, LLC cooperate fully with the Commissioner of the Revenue with 37 respect to audit of its financial records and compliance with the terms of this 38 ordinance. 39 40 4. That the effective date of this exemption shall be March 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL ICIENCY: Commissioner of the Revenue it ey's Office CA14949/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: PACH, LLC Website: N/A SUMMARY OF NONPROFIT BUSINESS ACTIVITY PACH, LLC is a disregarded single member LLC of the Princess Anne Courthouse Volunteer Rescue Squad. This entity owns the property and building at 961 S. Birdneck Road and is the current business meeting location for the rescue squad. TAX IMPACT Real Property Parcel Assessment: 1,567,300.00 Tax: $19,584.48 Business Property Assessment: None Tax: None Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—January 29, 1997 DISCLOSURE STATEMENT FORM ♦ 1 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial - institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: PACH,LLC SECTION 2. SERVICES DISCLOSURE I Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: $ i YES NO SERVICE PROVIDER (use additional sheets if l needed) - i Chad Anderson,White,Anderson&Assoc. i ID 0 Accounting and/or preparer of 265 King's Grant Rd.,Suite 106 4 your tax return Virginia Beach,VA 23452 Financial Services (include Beach Municipal Credit Union E lending/banking institutions and ABNB Bank Is a financial Institution and current mortgage holders as mortgage holder applicable) i Gregory L.Sandler,Esq.,Sandler Law Group i El IL—i Legal Services 295 Bendix Rd.,Suite 210 1 Virginia Beach,VA 23452 i xx i Broker/Contractor/Engineer/Other Service Providers 3 i 1 CERTIFICATION: i I certify that all of the information contained in this Disclosure Statement Form is / complete, true, and accurate. i $ i I understand I am respo ibl- for updating the information provided herein if it changes prior the • cil • tion upon this Application. t 0 i I Gregory L.Sandler 11/14/19 i APPLI NT'S IGNATURE PRINT NAME DATE 1 i i 1 1 I 1 AN ORDINANCE TO DESIGNATE THE RED HORSE 2 RUNNING EQUINE FOUNDATION AS BEING EXEMPT 3 FROM REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to the Red Horse Running Equine 8 Foundation; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates the Red 14 Horse Running Equine Foundation a charitable organization within the context of § 6(a)(6) of 15 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 16 17 2. That real and personal property owned by the Red Horse Running Equine Foundation 18 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 19 nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Red Horse Running Equine Foundation for 24 exclusively charitable purposes; 25 26 (b) that each July 1, the Red Horse Running Equine Foundation shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or if no such return is required, it shall certify its continuing tax exempt 29 status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2022, the Red Horse Running 32 Equine Foundation shall file an exemption application with the Commissioner of 33 the Revenue as a requirement for retention of the exempt status of the property; 34 and 35 36 (d) that the Red Horse Running Equine Foundation cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records and 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: AP VED AS TO LEGAL UFFIC NCY: Commissioner of the Revenue orney's Office CA14942/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: The Red Horse Running Equine Foundation Website: https://www.facebook.com/RedHorseRunning/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Providing sanctuary to abused, neglected, and slaughter bound equine. Working to keep wild horses & burros wild and free. They assist equine owner with hay and feed during times of hardship and assist with maintaining barns and buildings on property housing equine. They are 100%volunteer driven. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $2,305.00 Tax: $36.88 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—December 21, 2016 y , a'' 3 "'site? "' _°{ M ENT FORM ,'�a ; - The com.p#ed , a i =_ 7 is required for all applications wherein s 4a R fC F� ° s, 'n service providers or financial institutions, a Ave P } 1.. . .w of the existence of such relationships�a vante 6�1`A' ; ; , i i such •application. SEt. CTION1.:- :' ,` '\,`T DISCLOSURE Organization name: SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: LYES NO SERVICE 1 I PROVIDER (useeded)additional sheets If ne 0 u Accounting and/or preparer of your tax return Financial Services (include D ET lending/banking institutions and current mortgage holders as applicable) [l El Legal Services 0 Q Broker/Contractor/Engineer/Other Service Providers I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Aaq /L/z b - Audro'!uz Lon 7/r/ APPLICANTS SIGNATURE PRINT NAME DATE e 1 AN ORDINANCE TO DESIGNATE SANDLER CENTER FOR 2 THE PERFORMING ARTS FOUNDATION, INC. AS BEING 3 EXEMPT FROM REAL AND PERSONAL PROPERTY 4 TAXAT I O N 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 7 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 8 exemption from local real and personal property taxes to Sandler Center for the Performing Arts 9 Foundation, Inc.; 10 11 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Sandler 15 Center for the Performing Arts Foundation, Inc. a charitable organization within the context of§ 16 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 17 18 2. That real and personal property owned by Sandler Center for the Performing Arts 19 Foundation, Inc. located within the City of Virginia Beach that is used exclusively for charitable 20 purposes on a nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property by Sandler Center for the Performing Arts 25 Foundation, Inc. for exclusively charitable purposes; 26 27 (b) that each July 1, Sandler Center for the Performing Arts Foundation, Inc. shall file 28 with the Commissioner of the Revenue a copy of its most recent federal income 29 tax return, or if no such return is required, it shall certify its continuing tax exempt 30 status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on January 1, 2022, Sandler Center for the 33 Performing Arts Foundation, Inc. shall file an exemption application with the 34 Commissioner of the Revenue as a requirement for retention of the exempt 35 status of the property; and 36 37 (d)that Sandler Center for the Performing Arts Foundation, Inc. cooperate fully with 38 the Commissioner of the Revenue with respect to audit of its financial records 39 and compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL ()FFICI Commissioner of the Revenue t ney's Office CA14933/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Sandler Center for the Preforming Arts Foundation, Inc. Website: http://www.sandlercenter.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Sandler Center Foundation's mission to educate, inspire, enrich and build our community, strengthen local arts organizations, and instill an appreciation of the arts in future generations through the underwriting of world class performances at the Sandler Center. The foundation works to fulfill.the mission through three pillars: education, outreach, and performance underwriting. Education: Over 20,000 students service through live educational matinee programing at the Sandler Center through participation in NAS Oceana Stem Lab. 14,633 student in pre K-8th grade attended education program matinees 81% were provided full funding through the Foundation. For additional information see question 2 of the application. Outreach: Partnered with Armed Services Arts Partnership (ASAP) Local Heroes Program provided tickets to Gold Star Families Hosted first sensory friendly performance "A Sick Day for Amos McGee". Performance Underwriting: Partnered with Virginia Arts Festival to bring Renee Fleming to the Sandler Center. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $115,215.00 Tax: $1,843.44 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—June 7, 2005 DISCLOSURE STATEMENT FORM $ The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Sandler Center Foundation SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of Cherry Bekaert your tax return Financial Services (include TowneBank and Palladium g lending/banking institutions and Registered Investment current mortgage holders as Advisors applicable) Williams Mullen and Troutman Legal Services Sanders LEI Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to e Council action upon this Application. A . ,rc 7J4/ PPLICA kE„ PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE THSB, LLC AS BEING 2 EXEMPT FROM REAL AND PERSONAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to THSB, LLC; 8 9 WHEREAS, THSB, LLC, is a single member limited liability company whose sole 10 member is the Virginia Beach Public Schools Education Foundation, a nonprofit organization; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 1. That the Council of the City of Virginia Beach,Virginia, hereby designates THSB, LLC 16 a charitable organization within the context of§ 6(a)(6)of Article X of the Constitution of Virginia 17 and §58.1-3651 of the Code of Virginia. 18 19 2. That real and personal property owned by THSB, LLC located within the City of 20 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 21 exempt from local property taxation. 22 23 3. This exemption is contingent on the following: 24 25 (a) continued use of the property by THSB, LLC for exclusively charitable purposes; 26 27 (b) that each July 1, THSB, LLC shall file with the Commissioner of the Revenue a 28 copy of its most recent federal income tax return, or if no such return is required, 29 it shall certify its continuing tax exempt status to the Commissioner of the 30 Revenue; 31 32 (c) that every three years, beginning on January 1, 2022, THSB, LLC shall file an 33 exemption application with the Commissioner of the Revenue as a requirement 34 for retention of the exempt status of the property; and 35 36 (d) that THSB, LLC cooperate fully with the Commissioner of the Revenue with 37 respect to audit of its financial records and compliance with the terms of this 38 ordinance. 39 40 4. That the effective date of this exemption shall be July 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL NC : Commissioner of the Revenue ney's Office CA14941/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: THSB, LLC Website: N/A SUMMARY OF NONPROFIT BUSINESS ACTIVITY THSB is a disregarded single member LLC of the Virginia Beach Public Schools Education foundation. This entity owns real property that is used by the Technical and Career Education Center to teach its students trade skills necessary to work in the construction industry. Some of the trade work is subbed out to area contractors such as block and foundation work, but trade work such as carpentry, electrical, HVAC, and plumbing are done by the students. This entity is requesting the exemption include the current tax year. TAX IMPACT Real Property Parcel Assessment: 366,700.00 Tax: $3,731.18 Business Property Assessment: None Tax: None Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—June 21, 1996 ( ( DISCLOSURE STATEMENT FORM • d The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: __THSB LLC SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Q r Accounting and/or preparer of Cherry Bekaert your tax return Financial Services (include TowneBank Q 0 lending/banking institutions and current mortgage holders as applicable) Harry Purkey, Jr. PC 2 0 Legal Services r Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. ' 1-56\14..1‘f°61")-WAie Debbie Griffey 10/10/19 APPLICANT'S SIGNATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE VICTORY INNOVATIVE 2 CHRISTIAN ACADEMY AS BEING EXEMPT FROM REAL 3 AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Victory Innovative Christian Academy; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Victory 13 Innovative Christian Academy a charitable organization within the context of§ 6(a)(6)of Article 14 X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Victory Innovative Christian Academy 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Victory Innovative Christian Academy for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Victory Innovative Christian Academy shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1,2022,Victory Innovative Christian 31 Academy shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d)that Victory Innovative Christian Academy cooperate fully with the Commissioner 35 of the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: "-Commissioner of the Revenue ney's Office CA14931/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Victory Innovative Christian Academy Website: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY Victory Innovative Christian Academy offers learning assistance to children with special needs. The age group targeted by this organization is ages 11 to 18. They assist parents with home schooled children who may need additional assistance with education from learning disabilities. They also offer tutoring assistance to mainstream public school children in middle and high with IEP's. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $4,600.00 Tax: $73.60 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—May 2007 4 DISCLOSURE STATEMENT FORM 4 t- The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: �' Ja��' SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ lig Accounting and/or preparer of your tax return Financial Services (include ❑ Ezt lending/banking institutions and current mortgage holders as applicable) ❑ [ - Legal Services ❑ Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. .S111 r - ILrn s '947—el APPLICANT'S SI NATURE PRINT NA DATE 1 AN ORDINANCE TO DESIGNATE VIRGINIA BEACH ART 2 CENTER AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Virginia Beach Art Center; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Virginia 13 Beach Art Center a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Virginia Beach Art Center located within 17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Virginia Beach Art Center for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Virginia Beach Art Center shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner of 28 the Revenue; 29 30 (c) that every three years, beginning on January 1, 2022, Virginia Beach Art Center 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Virginia Beach Art Center cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL CY: 'Commissi ner of the Revenue tt ey Office CA14934/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Virginia Beach Art Center Website: http://www.artcentervb.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Virginia Beach Art Center is a volunteer run organization formed to provide an educational and supportive environment that inspires people of all ages and skill levels to experience, engage with, and create art. They fulfill their mission by bringing together the Artist Gallery, the Pottery Program, Art Exhibitions, and classes with a full program of events and activities to engage the community. This organization raises money through donations, educational classes and exhibitions. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: 25,361.00 Tax: $405.80 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status— October 7, 2016 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: 1/1 i,!'iQL 32as—h r_fe SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YE NO SERVICE PROVIDER(use additional sheets if S needed) Accounting and/or preparer of 2.01 fr your tax return 9pp -Er-, 1- i ;4-o 4 . Financial Services (include (4),Q„ 1')Ot. /.,Z a.- c t `rr y lending/banking institutions and Qu01 - current mortgage holders as a0.r1 applicable) TOCOMQ Oh an /'.Leda d. (A).2 Legal Services ,fit j(;rtvr) L. TiorkinS,17L Pri r�, Lan�tn geokAhiy. a.ftru '/ ,v k Broker/Contractor/Engineer/Other Con frac. - Ct( i-f Service Providers R.i r 9 r)bJLrq CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 1 APPLICANT'S SIGNATURE PRINT NAME DATE Chi i.Q c c,R M. S.e a r) Rau)is 1° 1? zca t 8 1 AN ORDINANCE TO DESIGNATE VIRGINIA GENTLEMEN 2 FOUNDATION AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Virginia Gentlemen Foundation; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Virginia 13 Gentlemen Foundation a charitable organization within the context of§6(a)(6)of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Virginia Gentlemen Foundation located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Virginia Gentlemen Foundation for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Virginia Gentlemen Foundation shall file with the Commissioner 26 of the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2022, Virginia Gentlemen 31 Foundation shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d)that Virginia Gentlemen Foundation cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be July 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL C81 EE N CY: ommissioner of the Revenue tto ney's Office CA14940/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Virginia Gentlemen Foundation Website: https://www.vagentlemen.com/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Virginia Gentlemen Foundation is a 501 (c)3 organization established to raise funds and local awareness for ALS (Lou Gehrig's Disease). Since inception the organization has raised over 3 million dollars to help fight and find a cure for ALS. In 2007 the organization raised fund for Grommet Island a park/playground at the oceanfront for disabled children. 2017 the organization embarked on a camp for wounded veterans, families of the fallen, and adults and children with disabilities or special needs. Camp Grom is now open and is run through the YMCA all FF&E at the camp is the property of the YMCA. TAX IMPACT Real Property Parcel Assessment: 4,650,000 Tax: 46,625.28 Business Property Assessment: 0.00 Tax: 0.00 Personal Property Assessment: 0.00 Vehicle Tax: 0.00 RELEVANT INFORMATION IRS Granted 501 (c) 3 status—October 3, 2008 DISCLOSURE STATEMENT FOR The completion and submission of this form is required for all application, wherein such applicant may utilize certain service providers or finance institutions, and the City seeks to know of the existence of s ..g relationships in advance of any vote upon such applicatio ' t Ail r SECTION 1 / APPLICANT D1SCLOSUf 1 Organization name -LI:,..4dtili;F C SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If I the answer to any item is YES, please identify the firm or individual providing the service: FE-ill t t i 1 ft{3ViDER{use a 1tianal sheets If NO SERVICE needed) l 0 ❑ I Accounting and/or preparer of Lewis Accounting i = your tax return I Financial Services (include 0 El TowneBank lending/banking institutions and Dixon,Hughes,Goodman current mortgage holders as a licabie i 0 5 Legal Services 6 ❑ r Broker/Contractor/Engineer/Other Service Providers _.j CER'TIEiCAT10N: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate, I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. } APPLICANT'S SIGNATURE ' PRINT NAME ElATE r .w [\ __ .. .! _.. -__r ..- .. ,. __ __. - ___... _- __U.-. _..,ti _. `" six a s ...<, -. ..-,._ ,.� -s 1 AN ORDINANCE TO DESIGNATE VIRGINIA SPORTS HALL 2 OF FAME FOUNDATION, INC., AS BEING EXEMPT FROM 3 REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Virginia Sports Hall of Fame 8 Foundation, Inc.; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Virginia 14 Sports Hall of Fame Foundation, Inc. a charitable organization within the context of§ 6(a)(6)of 15 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 16 17 2. That real and personal property owned by Virginia Sports Hall of Fame Foundation, 18 Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on a 19 nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Virginia Sports Hall of Fame Foundation, Inc.for 24 exclusively charitable purposes; 25 26 (b) that each July 1, Virginia Sports Hall of Fame Foundation, Inc. shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or if no such return is required, it shall certify its continuing tax exempt 29 status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2022, Virginia Sports Hall of 32 Fame Foundation, Inc. shall file an exemption application with the Commissioner 33 of the Revenue as a requirement for retention of the exempt status of the 34 property; and 35 36 (d) that Virginia Sports Hall of Fame Foundation, Inc. cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records and 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. Commissioner of the Revenue ity ttorne 's Offic e ce CA14948/R-1/November 22, 2019 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Virginia Sports Hall of Fame Foundation, Inc. Website: https://vasportshof.com/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY This organization operates the Virginia Sports hall of Fame museum. The organization celebrates the accomplishments of athletes from the state of Virginia. The memorabilia is collected and staged at various locations across the City of Virginia Beach. The organization raises money through grants, donations, and fundraising activities. Virginia athletes are inducted by a ceremony sponsored by the organization annually. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $3,073.00 Tax: $49.20 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—February 6, 2006 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Vie i sm_ _ _d . A U SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 12( 0 Accounting and/or preparer of your tax return Financial Services (include lending/banking institutions and Bz..`--c- current mortgage holders as �� J applicable) iy E Legal Services D Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: -- -- I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes priorto the Council action upon this Application. ' � . &la%nv,�•� QrwOS 0 I*\20k 1AP ICANT'S SIGNATURE PRINT NAME DATE rE .e�'ii""Ml,�'� :, zzt ,„ 'ems' .>, ,:::" ,`v .r CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Appropriate FY 2018-19 School Reversion Funds and to Establish Capital Project 1-024, "Lynnhaven MS Expansion," in the FY 2019-20 Capital Improvement Program MEETING DATE: December 10, 2019 • Background: On September 24, 2019, the School Board was presented a summary of the un-audited financial statement for FY 2018-19 in which $26,824,198 of appropriations lapsed and reverted to the City's General Fund. Additionally, actual revenues from FY 2018-19, which are subject to the City/Schools Revenue Sharing Policy, fell short of budgeted amounts. Of this shortfall, $745,046 was deducted from the amount that lapsed and reverted to the City General Fund. Accordingly, the net balance of $26,079,152 is available for reversion. In the past, City Council has appropriated such funds to the Virginia Beach City Public Schools. Under City Council policy, the Schools can only apply these funds to one-time obligations. In 2003, at the request of the School Board, the City Council approved an ordinance which established in the City's accounting structure the "School Reserve Special Revenue Fund" (the "Reserve Fund"). At that time, the City Council was provided a School Board Policy, 3-28, describing the purposes of the Reserve Fund (the "Policy"). The purpose of the Reserve Fund is to allow the School Board to be "in a better position to respond to (i) unexpected shortfalls in state or federal revenues, (ii) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget, or (iii) other fiscal emergencies." The Policy provides a limitation of "up to two (2) percent of the previous year's School Operating Budget may be placed into this fund." As of June 30 2019, the Reserve Fund had an un-audited balance of $17,299,301. $6,800,000 from the Reserve Fund was appropriated as part of the FY 2019-20 Operating Budget for Schools. Therefore, the current balance of the Reserve Fund is $11,499,308. Notwithstanding the 2 percent limit in the Policy, the School Board requested an appropriation of $5,800,000 in reversion funds to the Reserve Fund, which would result in a balance of $17,299,308 or 2.07% of the School's FY 2019-20 Operating Budget. In addition, Virginia Beach Public Schools would like to use a portion of the reversion funding to establish Capital Project 1-024, "Lynnhaven Middle School Expansion — Achievable Dream." Based on the Memoranda of Understanding between the School Board and An Achievable Dream, the Achievable Dream Academy was opened at Seatack Elementary School during the 2014-15 school year for grades K through 2. Beginning with the 2017-18 school year, all grades at Seatack Elementary School were served under the An Achievable Dream (AAD) Program. Beginning with the 2018-19 school year, the first class of An Achievable Dream students began the sixth grade in the AAD Program at Lynnhaven Middle School. The AAD Program is focused on a targeted student population, and as a result of the successful implementation of the AAD Program at Seatack Elementary, the VBCPS desires to partner with AAD to expand the AAD Program to grades 7-12. An ad hoc committee was established by the School Board to study and make recommendations concerning the implementation of the AAD Program in middle and high schools within VBCPS, and this committee was tasked with planning for a school location, programming, staffing and support services. After reviewing several options, the committee recommended building a new wing on Lynnhaven Middle School to accommodate the expansion of the AAD Program. Once completed, Lynnhaven Middle will continue to house the middle school students (grades 6-8) who are zoned for Lynnhaven Middle as well as the students enrolled in the Achievable Dream Academy(grades 6-12). While the AAD Academy will have a separate entrance, the two schools will share the common areas of the facility (i.e., cafeteria, library, gymnasium, athletic fields, tennis courts, etc.). The projected total cost for this project is $12,750,000. If approved, $4,000,000 from the use of reversion funds will be appropriated in the current fiscal year. The VBCPS expects that the additional $8,750,000 required for this project will be provided in the FY 2020-21 budget process with revenue from the sale of property. The VBCPS is currently working with the City's Economic Development Department on the sale and disposition of the Laskin Road Annex (formerly Linkhorn Park Elementary School). The property is appraised at approximately $12 million and is expected to sell within the next 12 months. Revenue from the sale of the Laskin Road Annex property would be used to fund the remaining $8,750,000 that would be needed to complete the Lynnhaven Middle School Expansion project. Council deferred this item at the December 3, 2019 City Council meeting to December 10, 2019. • Considerations: At its October 22nd meeting, the School Board adopted a resolution requesting that reversion funds totaling $26,079,152 be re-appropriated for the following: o $12,501,561 to School Operating Fund for full-day kindergarten implementation, interactive white boards, school buses and other fleet, two-way radios and stage curtains at multiple schools; o $5,800,000 to the School Reserve Special Revenue Fund to cover possible revenue shortfalls in the FY 2020-21 School Operating Fund; o $434,344 to the Athletic Fund; and o $7,339,247 to the CIP fund for school renovation and replacement projects o CIP 1-024 Lynnhaven Middle School Expansion (Achievable Dream) $4,000,000 o CIP 1-003 Replacements/Energy Management (baseball/softball field lights) $2,500,000 o CIP 1-185 Elementary School Playground Equipment Replacement (SECEP playground upgrades) $334,737 o CIP 1-182 Renovations and Replacement (classroom furniture) $300,000 o CIP 1-184 Plaza Annex Office Addition $200,000 o CIP 1-178 Renovations and Replacement Grounds III $4,510 • Public Information: Public information will be provided through the normal Council agenda process. Due to the amount requested to be appropriated in the CIP exceeding 1% of the FY 2019-20 CIP appropriation, a public hearing was held on November 19th, 2019. The public hearing was advertised in the Beacon on November 10th, 2019. • Attachments: Ordinance; School Board Resolution and Attachments (Adopted October 22, 2019); and CIP Detail Sheet for CIP 1-024 Lynnhaven Middle School Expansion (Achievable Dream) Submitting Department/Agency: Virginia Beach School Board City Manager:HA( .- 1 AN ORDINANCE TO APPROPRIATE FY 2018-19 SCHOOL 2 REVERSION FUNDS AND TO ESTABLISH CAPITAL 3 PROJECT 1-024, "LYNNHAVEN MS EXPANSION," IN THE 4 FY 2019-20 CAPITAL IMPROVEMENT PROGRAM 5 6 WHEREAS, on October 22, 2019, the School Board adopted a resolution 7 requesting the City Council re-appropriate funds that lapsed and reverted at the end of 8 FY 2018-19; and 9 10 WHEREAS, on November 19, 2019, the City Council held a public hearing 11 regarding an increase to the FY2019-20 CIP that exceeds 1%; 12 13 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That $18,739,905 is hereby appropriated to the FY 2019-20 Operating Budget 17 from the fund balance of the General Fund in the amounts and for the purposes 18 set forth below: 19 a. $12,501,561 to the School Operating Fund for full-day kindergarten 20 implementation, interactive white boards, school buses and other fleet, 21 two-way radios and stage curtains at multiple schools; and 22 b. $5,800,000 to the School Reserve Special Revenue Fund to cover 23 possible revenue shortfalls in the FY 2020-21 School Operating Fund; 24 and 25 c. $438,344 to the Athletic Fund. 26 27 2. That Capital Project #1-024, "Lynnhaven MS Expansion" is hereby established 28 in the FY 2019-20 Capital Improvement Program as set forth in the attached 29 capital project detail sheet; and 30 31 3. That $7,339,247 is hereby appropriated to the FY 2019-20 Capital Budget for 32 the purposes set forth below: 33 a. $4,000,000 to CIP 1-024, "Lynnhaven MS Expansion (Achievable 34 Dream);" 35 b. $2,500,000 to CIP 1-003, "Renovation and Replacement Energy 36 Management /Sustainability;" 37 c. $334,737 to CIP 1-185, "Elementary School Playground Equipment 38 Replacement;" 39 d. $300,000 to CIP 1-182, "Renovations and Replacements;" 40 e. $200,000 to CIP 1-184, "Plaza Annex/Laskin Road Office Addition;" and 41 f. $4,510 to CIP 1-178, "Renovations and Replacements —Grounds III." Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. 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: Bu et and anagement Services ' A o ey's Office CA14950 R-1 November 20, 2019 City of Virginia Beach FY 2021 thru FY 2026 Capital Improvement Program Project: 1275000 Title:Achievable Dream at Lynnhaven Middle School Status: New Project Category: Schools I Department: Public Education Ranking: 0 Project Type Project Location Project Type: New Facility Construction/Expansion District: Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Funding 12,750,000 4,000,000 8,750,000 0 0 0 0 0 0 Description and Scope This project is for the construction of a classroom addition(±30,000 sf)to Lynnhaven Middle School to accommodate the Achievable Dream Secondary School Program(grades 6-12). Purpose and Need History and Current Status New project. The Achievable Dream elementary school program(grades K-5)is located at Seatack Elementary School. A classroom addition is required to accommodate grades 6-12 at Lynnhaven Middle School,which is the home of the Achievable Dream Secondary School Program. Appropriations to date includes $4,000,000 in FY 18/19 Reversion Funds. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 09/21-12/22 150,000 Design 07/20-12/22 813,750 Furniture and Fixtures 09/22-12/22 350,000 Construction 09/21-01/23 10,850,000 Contingencies 07/20-12/22 586,250 Total Budgetary Cost Estimate 12,750,000 Means of Financing Funding Subclass Amount Local Funding 12,750,000 Total Funding: 12,750,000 G ovM a x 15 11/4/2019 VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Beverly M. Anderson,Chair Kimberly A. Melnyk,Vice Chair At-Large District 7—Princess Anne Daniel D. Edwards Sharon R. Felton Dorothy M. Holtz District 2—Kempsville District 6— Beach At-Large Laura K. Hughes Victoria C. Manning Jessica L. Owens At-Large At-Large District 3—Rose Hall Trenace B. Riggs Carolyn T. Rye Carolyn D. Weems District 1—Centerville District 5 - Lynnhaven District 4 - Bayside Aaron C. Spence, Ed.D.,Superintendent Budget Resolution Regarding FY 2018/19 Reversion and Revenue Actual Over Budgeted Funds WHEREAS, on September 24, 2019,the School Board was presented with a summary of the unaudited financial statements for FY 2018/19 (year-ending June 30, 2019) showing the reversion amount to the city's General fund; and WHEREAS, of the net reversion amount, $7,987,835 came in as additional revenue over the appropriated budget, and Attachment A to this resolution further illustrates the details of the reversion amounts; and WHEREAS, $442,950 reverted from the Green Run Collegiate Charter School fund, $25,942,904 reverted from the School Operating fund and $438,344 reverted from the Athletics fund; and WHEREAS,the estimated total amount available for re-appropriation is $26,824,198; and WHEREAS,the city is currently indicating a FY 2018/19 revenue actual under budget of the revenues included in the Revenue Sharing Formula, of which the schools' portion is $745,046; and WHEREAS,the net reversion funding available for re-appropriation is $26,079,152; and WHEREAS,the Administration recommends the following for the available funds in the amount of $26,079,152: • $5,800,000 to be re-appropriated to the School Reserve Special Revenue fund to cover possible revenue shortfalls in the FY 2020/21 School Operating fund 115 • $438,344 to be re-appropriated to the Athletics fund 119 • $7,339,247 to be re-appropriated to the CIF'fund: - Lynnhaven MS Expansion (Achievable Dream) -$4,000,000 - Project 1-003, Replacements/Energy Management (baseball/softball field lights) - $2,500,000 - Project 1-185, ElementarySchool Playground Equipment Re Replacement (SECEP playground Ygp p Yg upgrades) - $334,737 - Project 1-182, Renovations and Replacements- Various Phase Ill (classroom furniture replacement) - $300,000 - Project 1-184, Plaza Annex Office Addition (technology to support Professional Development Center) - $200,000 - Project 1-178 Renovations and Replacements- Grounds Phase III (SECEP fencing) -$4,510 ) 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach,Virginia 23456-0038 wwv<l,vbschook com It I owl. ► .� VIRGINIA BEACH CITY PUBLIC SCHOOLS • CHARTING THE COURSE School Board Services Beverly M.Anderson, Chair Kimberly A. Melnyk,Vice Chair At-Large District 7—Princess Anne Daniel D. Edwards Sharon R. Felton Dorothy M. Holtz District 2—Kempsville District 6—Beach At-Large Laura K. Hughes Victoria C. Manning Jessica L. Owens At-Large At-Large District 3—Rose Hall Trenace B. Riggs Carolyn T. Rye Carolyn D.Weems District 1—Centerville District 5- Lynnhaven District 4- Bayside Aaron C. Spence, Ed.D.,Superintendent Budget Resolution Regarding FY 2018/19 Reversion and Revenue Actual Over Budgeted Funds(continued) • $12,501,561 to be re-appropriated to the School Operating fund 115 for: - Full-day kindergarten implementation-$4,859,000 - Interactive whiteboard replacements-$3,000,000 - Replacement school buses-$2,659,000 - Replacement white fleet vehicles-$517,561 - Replacement equipment/vehicles for Grounds Services-$380,000 - Edulog integrated transportation solution system-$341,000 - Interactive whiteboard replacements (SECEP)-$334,000 - Replacement stage curtains at six schools(safety concern)-$210,000 - Additional vans to transport special needs students-$121,000 - Two-way radios-$80,000 NOW,THEREFORE, BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the FY 2018/19 Reversion and Revenue Actual Over Budget funds as presented by the Administration;and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re-appropriation of FY 2018/19 Reversion and Revenue Actual Over Budget funds shown above;and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City , Virginia Beach t•is 2 'd day of October 2019 ha SEAL Beverly . .d-rso 'cho, oard Chair Aaron C. Spence, Superintendent Attest: 0 Dianne P.Alexander, Clerk of the Board 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach.Virginia 23456-0038 ww ry vbsc huoI,con a o m o 0 0 0 a) : ' a- 3' o0 O 0, 0 E ,, w o s L , a_ Q t.: _ 4-, o 4 U CD a o 'C' d' V c) cc) N CV Cc) CVCO CC) C7) CD CD N. r- CVC O LC) O) __,.co C) co CO CV CS) CA CO - O O V CVU = CA 0) a- a- CO. NI. c0 CO 00 O xF O O N N CO 0 CVo0 N d' O) 00 co C- Inc) O Cc CVN _. E vr M ay- N ti CD COc0 CC) A`; c) LC) I"-- CA CV Q CT V CO_ R. CD I,- O CV 6) O) C7) '�a.--. co co co C) C.O. Cyq Cn C CO CO N a- an_ N L. � a- C N N N a- = a- ea U) C 'O 0 O 0) N c '..= .O C a) a = N O C7) N LL . C d CO 0O. O o m` Q > > a /w' n 0 -0 U) LI ,- / > 13 C a) a) C) .t _ C.) d c O. w H O >O O O aL- CL wa) N RI Ta - >' LL > rO F a) Q' C T c LL. aO aN co a I- 7 ...- co H LLI N 1" L c L ' O ' as y a7 II OEM I- Q (In O O R t N O Z U as C M C as a U N O O G ix hi -c- CT) D_ C O > CO N O C7 co N a E a) a p 7 CV C) a. O U o = m N Q) > L. C LL c N� 7 c CC N a N R O a a) L U p Q CV y Q O m w a) n) 0 a) 0 a a) CO > = E C m No a) C0 U C • m (� IT Q 03 CAO Cp Q C > O - d CD O O. O U -2 'a = cn 7 -7 a) EEy X .� co ca O ., = C ¢ co d .0 N 42 a) Q a) CO C a)• > O O .0 CC CO R O O >' CO c o c a)cii >ea o 0 = R 03 C) CO p CO N = C.. CA >y MS C } L C M awi E .E C C� 0 0 tLL ) C CA c a) `" c 0 c Ct ' rn O -a o O O a -O N a) 'm c a) a) OO C c W O C co 'O a m > C O -0 N > O W a) 0 lL m CO i O U Y U i c rn CC a, w C O ' �' o >, a a) _ O o a) co CO w c °' C = 0 O >< .c > pp O U .R 0 R c a) O ca C� O W Ca 0) CO N N C c H- CO �' N s C/) d C. O C CO O. 0) C CN O) O) U) LL O LL c O c > a) 0) m o 0 N W.. O a W' C O c CN O O O O O - 0 a) t -0 c +0-) co N O 'O O C.) L a) U a) . L N >- >� U EO 7 Cam.) LL Cl) C7 W' U) W U) 0 V) LL LL CO 0 LL CO .... r.?„.... , .slir �4 yytz .,..t.lr iii. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate $39,700 in Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund for the Purchase of Two Utility Vehicles MEETING DATE: December 10, 2019 • Background: The Virginia Beach Police Department Special Operations Unit operates in a multi-terrain environment that requires a mixture of vehicular assets, each of which provide different levels of access and mobility. Presently, the Special Operations Unit has a full complement of vehicles designed to operate best on roadways. For instance, these vehicles include mobile command vehicles or bomb or dive trucks. However, Police Special Operations Unit activities often require that Special Operations officers deploy to off-road areas of the City, such as beaches, rivers, and lakes. Examples of these duties include the Special Operations Marine Patrol Dive Team's transportation of divers and equipment from trucks over beach conditions, into wooded areas, or through dense vegetation to the City's waterways, and the Animal Control retrieval of stray animals and wildlife from diverse areas of the City. Despite these Division's various operations, the Police Department Special Operations Unit does not have a small all-terrain type vehicle. To fill this coverage gap, the Police Department requests that the City Council approve an appropriation from the fund balance of the Police Federal & State Seized Assets Special Revenue Fund for the purchase of two new Utility Vehicles (UTVs) for Special Operations use. The total cost of these vehicles is $39,700. If approved, one UTV will be stationed at Special Operations headquarters and will primarily support Special Operations related actions, while the other UTV will be stationed at Animal Control. • Considerations: The purchase of Law Enforcement equipment is an allowable use of the Seized Assets Funds, consistent with U.S. Department of Justice guidelines. As of November 2019, the Fund Balance was $595,730. Thus, there is sufficient fund balance in the Seized Assets Special Revenue Fund to cover this cost. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department C 14-7 Ja(__ City Manager:7W. , 1 AN ORDINANCE TO APPROPRIATE $39,700 IN 2 FUND BALANCE FROM THE POLICE FEDERAL & 3 STATE SEIZED ASSETS SPECIAL REVENUE FUND 4 FOR THE PURCHASE OF TWO UTILITY VEHICLES 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $39,700 is hereby appropriated, with revenues increased accordingly, from the 10 fund balance of the Police Federal & State Seized Assets Special Revenue Fund to the 11 FY 2019-20 Police Department Operating Budget for the purchase of two utility vehicles. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: n Budget and Management Services 's Office CA14958 R-1 November 25, 2019 / N pG ilA iBEASC`'I t. CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Transfer $4,900 from the FY 2019-20 Non-Departmental Operating Budget to the Department of Cultural Affairs for the Purpose of the United States Navy Band's Concert at the Sandler Center MEETING DATE: December 10, 2019 • Background: The United States Navy Band has requested a micro-grant from the City in the amount of $4,900 to support the costs of performing at the Sandier Center on February 25, 2020. The U.S. Navy funds the Band's travel and lodging costs, but they do not pay for venue fees. The micro-grant is only for the cost of the venue. All U.S. Navy Band performances are free and open to the public. The U.S. Navy band estimates that 1,500 people will attend the performance. • Considerations: The total micro-grant request is $4,900. Funding would come from the Opportunity Grants item in the Non-Departmental Budget. Opportunity Grant funding was established within the Operating Budget to support not-for-profit organizations that seek to enhance the quality of life within the City of Virginia Beach. • Alternatives: Council could deny the requested transfer. • Public Information: Normal Council agenda process. • Attachments: Ordinance and Micro-Grant Application Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager:m� 1 AN ORDINANCE TO TRANSFER $4,900 FROM THE FY 2 2019-20 NON-DEPARTMENTAL OPERATING BUDGET TO 3 THE DEPARTMENT OF CULTURAL AFFAIRS FOR THE 4 PURPOSE OF THE UNITED STATES NAVY BAND'S 5 CONCERT AT THE SANDLER CENTER 6 7 WHEREAS, the United States Navy Band requested a micro-grant from the City 8 of Virginia Beach; 9 10 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That the Council finds the U.S. Navy Band's funding request to be consistent with 14 the purpose of enhancing the quality of life for residents of the City, and to support the 15 request of the U.S. Navy Band, $4,900 is hereby transferred from the FY 2019-20 Non- 16 Departmental Operating Budget to the Department of Cultural Affairs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and anagemen Services t ney's Office CA14957 R-1 November 25, 2019 y OCT 2 4 2019 41' t Virginia Beach COMMUNITY SERVICES [MICRO-{GRANT APPLICATION Organization Name: U fJ AV1 g1i‘N Address: i?' w�R-R-1 nt 6-i\W :4�E� SE th i+. OC. 2°3 ?-(I Phone: 7,01- 33- 62. i Email: c..* sT '/ tJ. `SaxPN re) 7j, 1'f -Au1L. Amount of funding requested:$ -{# d �($250 minlmum/$5,000 maximum) City Council Sponsorship: As a member of the Virginia Beach City Council, I hereby authorize my support of this application only for consideration and potential approval by the City Manager. it Council ember i to one/Signature Date Organization Status/Category Please select the option below that best describes your 501(c)(3)organization: ❑ Tax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt number. Recognized government entity:state,county,or city agency,including law enforcement,fire, or EMS departments (including volunteer organizations) requesting funds exclusively for public purposes. ❑ K-12 public/private school, charter school, community/junior college, state/private college, or university. ❑ Nondenominational organization,if authorized by Virginia State Code,Section 15.2-953,with a proposed.project that addresses and benefits the needs of the community at large. Page 1 of 3 O Non-profit organization having state,regional,or local services benefiting the residents of the City of Virginia Beach. Are you applying for funding for any of the organizations listed below?Yes 0/No) If yes, please select the organization. 0 American Cancer Society 0 American Diabetes Association 0 United Way ❑ American Heart Association 0 Children's Miracle Network 0 N/A ❑ Other Supporting Documentation Please type and attach the following Information with your application.Applications without the following attachments will be incomplete,and not considered for approval. 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach? Please explain how(500 words or less). 2. Program/Project Description: Briefly describe your program or the service you intend to provide. Please include the following:Total project cost,other sources of funding(name, organization,501(c)(3)status,the amount of funding provided),and the program/project implementation time line(No more than 1,000 words). 3. Is your.organization currently receiving any fundingfrom the City of Virginia Beach for the current program, service, or project you are proposing via this.application? Has your organization previously? If so, please provide a written explanation. Any explanation should note the City related entity providing funding, how much funding,and how long the funding partnership has existed. 4.. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program, service, or project outside of the item proposed in question number three (3) above? If so, please provide a written explanation. Any explanation should note.the City related entity that provided the funding, how much funding had been provided to date, and how long the funding partnership existed. Organization Authorization/Signature: I attest that the information provided in this application is factual to the best of my knowledge and understand If such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized.i further commit that the use of grant funds authorized for my program,service,or project will be used for the designated purpose. The City Page 2 of 3 of Virginia Beach reserves the right to hold me and/or the organization l represent, via my signature below,as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the City of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures,prepared by a Certified Public Accountant(CPA),within 12 months of receiving the grant award from the City. Organization Name: 3A u 1 1/"1*� (Printed Name) T_ Authorized Agent: CH iCP- C11-44.61-AN )M niifT( .`1bv2 � rttc."Ut., (Printed Namej Authorized Agent: f 1 (Printed Title) ,j/(' Authorized Agent: (Signature) Date: (o i IZal Page 3 of 3 • The United States Navy Band,located in Washington,D.C.,will be performing a national concert tour in spring 2020.The band is tentatively scheduled to perform at the Sandler Center for the Performing Arts in Virginia Beach on Tuesday,February 25,2020 at 7:30 PM.The performance would last approximately 1 hour and 20 minutes without an intermission.All Navy Band tour performances are free and open to the public. Our target audience is the American public; additionally,we honor military veterans at every concert. The band consists of 75 instrumentalists and vocalists,and will perform a family-friendly and entertaining mix of music designed to connect the American public with their nation and Navy. The Navy funds the band's travel and lodging expenses.The total amount of the grant would be approximately $4,900.00 to be paid directly to the Sandler Center to cover the costs of the venue only. Providing funding will ensure that community members in Virginia Beach will have the opportunity to attend this concert,and leave with a better understanding of what their Navy is doing to protect the nation and keep its people free.Our goal is to connect with Americans,to inspire patriotism,to tell the story of our Navy,and to honor veterans.We measure the success of national tour concerts based on attendance;our objective is to perform for more than 1,500 people at this venue. The U.S. Navy Band has not in the past, nor is currently receiving any funding from the City of Virginia Beach. Tentative Program: TOUR 2020 SET LIST UPDATED: OCT 5 - SUBJECT TO CHANGE Honors to Our Nation/Opener -NAVY BAND FANFARE(:35) NARRATION:CO INTRO/Fort McHenry-Francis Scott Key"The Star-Spangled Banner"drum cadence(:30) -STAR SPANGLED BANNER(CB and SC)(1:20) NARRATION:WELCOME -PROUD(Rodriguez,CB,CR and SC)(4:30) 30 2015) Naval History&Heritage NARRATION:AMERICA'S FIRST SAILORS -WHUP!JAMBOREE(SC,Williams and Parker)(1:45) -SAILORS HORNPIPE-arr. Cannon Dragon(4:00) ' 0 2012) NARRATION:WWII NAVY LEGACY Blue Program -ANDREW SISTERS TRIBUTE-Under the Apple Tree/Bei Mir Bist Du Schon/Boogie Woogie Bugle Boy(5:30)(NBD 2019) Galt!Fragram -KALAMAZOO/IN THE MOOD(vocal sextet,CB and CR)(4:30)(COTA 2019) NARRATION:WWII/BATTLE AT MIDWAY -TURNING POINT(CB and Williams)(6:35)(NBD 2017) America's Sailors are on the Sea and Beyond NARRATION:ON THE SEA AND BEYOND -FLY ME TO THE MOON(Vanderpol,CB,CR and SC)(2:30)(NBI 209) -MISSION IMPOSSIBLE(CB and CR)(4:05) (NED 2019) ARATlON.:HUMANITARIAN OUTREACH Blue Program -OVER THE RAINBOW/WHAT A WONDERFUL WORLD(Edwards,SC and CR)(4:15 (COTA 2014) Gold Program -COUNT ON ME(Whitman and Campbell,CB,CR and SC)(3:30) NBD 2015) NARRATION:OUR FORWARD DEPLOYED SAILORS -RATHER BE-Pentatonix(SC small group)(3:00)(COTA 2016) Pop Segment Blue Program -EARTH WIND AND FIRE(Parker,CB,CR and SC)(12:30) (COTA 2018) Shining Star,Boogie Wonderland,Sing a Song,Into My Life,September GoldPrwam -DIVAS OF DISCO(Campbell,Rodriguez,Cuenca and Sullivan,CB,CR and SC)(10:00)(COTA 2019) Last Dance, Turn the Beat Around, To Be Real, We Are Family CO Remarks CO REMARKS(2-4 minutes) CO NARRATES:Family Support/dedicate"Lean on Me" Honoring Our Families -LEAN ON ME(Parker and Cuenca/Sullivan,CB,CR and SC)(4:35);NBD 2017) Patriotic Close NARRATION:America... -FOR FREEDOM-Avalon(SC SATB vocal quartet,CB,CR and SC)(4:00)(NBD 2012) Blue Program -AMERICA THE BEAUTIFUL-Ray Charles rendition(Parker,CB,CR and SC)(3:30) COTA 2019) Gold Prop a' -GOD BLESS AMERICA-Celine Dion rendition with an alternate ending(Cuenca,CB,CR and SC)(3:45 NARRATION:Veteran Tribute -Armed Forces On Parade(3:45) Encore -STARS AND STRIPES(CB and SC)(2:50) Music Program is approx.75 minutes TBD K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -BUILDING MAINTENANCE DIVISION -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS BROADBAND STEERING COMMITTEE CITIZENS COMMITTEE ON BOARDS AND COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda (including all backup documents) is available at https://www.vbgov.coln/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw(a,vbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/3/2019 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L B U E J R T I 0 BC D N O M O O L WO O C Y L NOUW S O T THE EES S E O O E T I R Y S S ERNDN CITY MANAGER'S BRIEFINGS A. JAIL AND RE-ENTRY SERVICE Aileen Smith, COORDINATION PATHWAY Director—Human Services Angela Hicks,Deputy Director—Behavioral Health/Development Services B. 2020 BOND REFERENDUM David Bradley,Acting Deputy City Manager Alice Kelly,Director— Finance Kevin Chatellier,Co- Acting Director— Budget and Management Services Phil Pullen,City Engineer—Public Works Phillip Koetter, Operations Engineer— Public Works C. INDIAN RIVER/KEMPSVILLE ROAD David Jarman, PROJECT Transportation Division Manager—Public Works II-VI CERTIFICATION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-E F. MINUTES 1. INFORMAL AND FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y November 19,2019 G. MAYOR'S PRESENTATIONS 1. PROCLAMATION BOY SCOUTS DAY 2. CITY HALL REPLICA PLAQUE Chief James Cervera- HONORING BLACK LAW Police ENFORCEMENT PIONEERS H. PUBLIC HEARINGS 1. DECLARATION AND SALE OF NO SPEAKERS EXCESS CITY PROPERTY 1.50+acres at the intersection of Burton Station Road and Tolliver Road as follow: a. 1012 Finney Circle b. 1020 Finney Circle c. 5837 Burton Station Road d. 5841 Burton Station Road e. Thirty(30')square foot portion of private right-of-way known as Finney Circle CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/3/2019 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T 1 0 BC D N OMO 0 L W 0 O C Y LNOUWS 0 T THEE E S S E O O E T I R Y S S ERNDN 2. PROPOSED PROPERTY TAX NO SPEAKERS EXEMPTIONS a. 99ForThel b. African American Cultural Center,Inc. c. Cornerstone Property Ventures,LLC d. Courthouse Area Charity e. DC Art Institute of Virginia Beach,LLC f. DC South University of Virginia,LLC g. Eliza Hope Foundation h. Free Foundation for Rehabilitation Equipment and Endowment i. In Home Health j. Irockmyscars k. Millspaugh Missions International 1. PACH,LLC m. The Red Horse Running Equine Foundation n. Sandler Center for the Performing Arts Foundation,Inc. o. THSB,LLC p. Virginia Beach Art Center q. Virginia Gentlemen Foundation r. Victory Innovation Christian Academy s. Virginia Sports Hall of Fame J. 1. Ordinance to TRANSFER$367,000 within ADOPTED,BY 11-0 YYY YYY Y Y Y Y Y the Operating Budget of the Tourism CONSENT Investment Program(TIP)re replacement of vehicles and heavy machinery for beach operations 2. Ordinance to APPROPRIATE DEFERRED TO 6-5 YNY Y YYN YNNN $26,079,152 from the FY 2018-19 School DECEMBER 10,2019 Reversion Funds and ESTABLISH CIP #1-024"Lynnhaven Middle School Expansion"in the FY 2019-20 Capital Improvement Program(CIP) K. 1. GEE'S GROUP,LLC/PRINCESSBORO APPROVED/ 11-0 YYY YYY Y YYY Y DEVELOPMENT COMPANY,INC.,for a CONDITIONED,BY Conditional Use Permit re mini warehouse CONSENT at 1964 Fisher Arch (Deferred from November 19,2019) DISTRICT 7—PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:12/3/2019 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 O C Y LNOUWS 0 T T HEE E S S E O O E T I R Y S S ERNDN L. APPOINTMENTS: RESCHEDULED BY C ON S ENS US 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS - BUILDING MAINTENANCE DIVISION - ELECTRICAL DIVISION - NEW CONSTRUCTION DIVISION - PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L/M/N ADJOURNMENT 7:05 PM OPEN DIALOGUE 17 SPEAKERS 8:02 PM