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5-2-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large ‘ •BF,q VICE MAYOR ROSEMARY WILSON—District 5 �.11A.—`�, cS'L MICHAEL F.BERLUCCHI—District 3 p� _ ,\�p BARBARA M.HENLEY—District 2 �+. P N.D. "ROCKY"HOLCOMB—District 1 V �„ ry ROBERT W. "WORTH"REMICK—District 6 � = DR.AMELIA N.ROSS-HAMMOND—District 4 ++ JENNIFER ROUSE—District 10 ~+**�__ o JOASHUA F. "JOASH"SCHULMAN—District 9 °f ou. N�S`QMS CHRIS TAYLOR—District 8 SABRINA D.WOOTEN—District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS May 2,2023 EMAIL:CITYCOUNCIL@ VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL RECONCILIATION - Conference Room- 3:30 PM A. FY 2023-24 RESOURCE MANAGEMENT PLAN (BUDGET) Operating and Capital Budgets II. CITY COUNCIL LIAISON REPORTS 4:30 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS IV. CITY COUNCIL AGENDA REVIEW 4:40 PM V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Rabbi Israel Zoberman- Temple Lev Tikvah C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS April 18, 2023 2. SPECIAL FORMAL SESSION April 19, 2023 3. FORMAL SESSION April 25, 2023 4. SPECIAL FORMAL SESSION April 25, 2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—Bike Month Walter Camp and Amy Frostick accepting 2. PROCLAMATION—Mental Health Awareness Month Dr. Joyce Harvey 3. RESOLUTION IN RECOGNITION Alfred Jacocks I. PUBLIC HEARING Ordinance to AMEND the City Code Section 10-1.1 re ADD the Kempsville Area Library as a location for Absentee Voting in person J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Morris Neck Farms, LLC (102.14 +/- acres), the issuance by the City of its contract obligation in the maximum principal amount of$1,305,349 and TRANSFER funds to purchase U.S. Treasury STRIPS 2. Resolution to AUTHORIZE the City Manager to EXECUTE an Agreement with localities of Region 5 re pursue grant funding from the Virginia Opioid Abatement Authority (Requested by City Council) 3. Ordinance to ACCEPT and APPROPRIATE $18,500 from the Virginia Department of Social Services to the Adult Protective Services Program in the Department of Human Services re purchase of technology, materials, resources, and staff training to improve the Adult Protective Services Program 4. Ordinance to ACCEPT and APPROPRIATE $12,631 from the Virginia Department of Behavioral Health and Developmental Service(DBHDS)to the Child and Youth Program in the Department of Humans Services re support the Children's Mental Health Initiative 5. Ordinance to ACCEPT and APPROPRIATE a$2,000 Grant from the Virginia Department of Behavioral Health and Developmental Services(DBHDS)to the Department of Human Services re peer recognition event 6. Ordinance to TRANSFER$410,970 from General Fund Reserve for Contingencies to FY2022- 23 Office of Voter Registration and Elections Operating Budget re fund the June primary elections 7. Ordinance to TRANSFER $204,179 from the Police Department Operating Budget to Capital Project#100446, "Various Buildings Rehabilitation and Renewal Phase IV"re construction of a ballistics room L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** 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 TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/r8dee69d9ce6d6bd7ee611 bab27c9cc64 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 2, 2023. I. CITY COUNCIL RECONCILIATION - Conference Room- 3:30 PM A. FY 2023-24 RESOURCE MANAGEMENT PLAN (BUDGET) Operating and Capital Budgets II. CITY COUNCIL LIAISON REPORTS 4:30 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS IV. CITY COUNCIL AGENDA REVIEW 4:40 PM V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Rabbi Israel Zoberman- Temple Lev Tikvah C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS April 18, 2023 2. SPECIAL FORMAL SESSION April 19, 2023 3. FORMAL SESSION April 25, 2023 4. SPECIAL FORMAL SESSION April 25, 2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—Bike Month Walter Camp and Amy Frostick accepting 2. PROCLAMATION—Mental Health Awareness Month Dr. Joyce Harvey 3. RESOLUTION IN RECOGNITION Alfred Jacocks G1s1-BFAc 744 Op OUR NA'° Vro ttamatton Whereas: Nationa(Bike 9Konth was established in 1956 and is a chance to showcase the many benefits of bicycling—and encourage more folks to give biking a try;and- Whereas: fifty years ago,in 1972,the young City of Virginia Beach established its first committee to ea¢rfore the creation of safe bicycling routes for its residents and visitors;and Whether you bike to workor school ride to save money or time,pump those pedals to preserve your health or environment,or simply to eelore'Virginia Beach,National-Bike 9Konth is an opportunity to celebrate the unique power of the bicycle and the many reasons we ride;and Whereas: the 9Konth of Way is recognized as Bike Month and9Kay 19,is recognized as Bike to Work(Day; and Whereas: Throughout the month of 9.lay,NationatBikc Month, the residents,and visitors of Virginia(Beach wif everience the joys of bicycling through educational'programs,commuting events,or 6y simply getting out and going fora ride;and Whereas JKotorists should always be mindful of vulnerable road users,including bicyclists;and Whereas 'The foffowing will help you enjoy biking more: .?fave your bike checked over by a qualified bicycling shop;Always wear a helmet to protect your head in the event of a crash;If not on a multi—use tram ride in the right-most lane that goes in the direction that you are traveling;Obey all stop signs, traffic fights and line markings;Lookbefore you change lanes orsignala turn, indicate your intention and then act;Be visible and predictab&at all times. Wow,gherefore I,Men W. "Bobby"(Dyer, Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: %lay 2023 Bikc 9Konth In Virginia Beach,andI encourage all citizens to celebrate National Bike 9Konth and hike to workor try cycfing for fun,fitness,or transportation,and affmotorists to drive with care for the safety of bicyclists. In 'Witness 'GVhereof I have hereunto set my hand and caused the Official Seal of the City of Virginia (Beach, 'Virginia, to be affixed this Second(Day of 9Kay,Two'IhousandandTwenty-Three. - 0704(1 44°‘'w.. gp6ert 91. "Bobby"(Dyer Mayor a.4MuB , y., S s f s , a 4i 4.d '`W...-ow" 'i: rortamatton 'Whereas: 9Kental health is vital to every individuals overall health and well-being;and 'Whereas. fill individuals face challenges at some point in life that can impact their mental heath,and- 'Whereas: dental illness can affect people of all ages,races,ethnicities,and income levels in Virginia Beach;and Whereas: Feelings of personal shame andfears of social stigma and-discrimination prevent many living with mental illness from seeking help,and 'Whereas: untreated mental anus leads to higher rates of emergency department visits,hospitalizations, incarcerations,school dropouts,and suicides;;and Whereat ?laving safe,stable,and healthy home conditions set the foundation for achieving and maintaining good' mental health;and 'Gtd4ersat The mental health of every citizen is essentiahto the emotional and economic prosperity of our families, neighborhoods,and businesses;and Whereat 94entalhealth conditions are treatable and-with early intervention individuals can recover to leadfufl; productive lives;and- Whereat. greater pub&awareness about mental wellness can positively transform attitudes about,and towards people with mental illness,making it easier for our citizens to seekhelp;and Whereas: Each business,school government agency,healthcare provider,organization and citizen share the responsibility to promote mental-wellness and support prevention efforts. Wow'Therefore,I,9Kayor Bobby Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: Way 2023 IKentafgfea(tfiAwareness Wonth In'Virginia Beach,Virginia,as the 9ltayorofVirginia Beach,I call upon all citizens,government agencies,pubac and- private institutions,businesses and schools in Virginia Beach to recommit our community to increasing awareness and understanding of mental health as we strive to create communities within the City that support mental wellness 6y increasing access to treatment,educating ourselves and our communities about mental'wellness and mental illness,and- supporting our citizens as they seek to improve their mental health. In testimony whereof I,have hereunto set my hand and caused the Official-Seal of the City of Virginia Beach,Virginia, to 6e affixed this Second Day of%ay,Two Thousand and Twenty-Three. `111011144611 A°(4 C>lifriAa° Robert 9K. "Bobby'Dyer Mayor „-.\141A-B.P.,4,, 4(i. t. :mr - y r` \ S o of OUR NAT\ON RESOLUTION WHEREAS:Alfred Miller "Jake”Jacocks,Jr.has devoted his life to public service and public safety,as a body we recognize his tireless commitment and applaud his dedication;and WHEREAS: Starting at the age of 19, he served the Virginia Beach Police Department for over 38 years. His assignments included Precinct Desk Clerk,Police Officer,Detective,Sergeant,Lieutenant, Captain,Deputy Chief and most notably,Chief of Police;and WHEREAS: Chief Jacocks served as a member of the City's Leadership Team and as a past chair of the City-wide Safe Community Team. Jake implemented Department Core Values, ethics training, a leadership development program for sworn & civilian members, college educational requirements for sworn promotions, COMPSTAT, less lethal technology, the Crisis Intervention Team, Autism Awareness training and established the bomb squad. He also deployed AED's in patrol vehicles and individually issued tourniquets,both of which have saved lives. In 2006, Jake was the first recipient of the Virginia Crime Prevention Association's Law Enforcement Executive Award;and WHEREAS: Concurrent to Jake's career in law enforcement he served in the United States Naval Reserve. He was commissioned in 1987 and served 20 years,earning the Navy and Marine Corps Commendation Medal and retiring at the rank of Commander;and WHEREAS:In addition to earning his Master of Public Administration, Jake continued his education through programs such as the Southern Police Institute Administrative Officer's Course, the Senior Management Institute for Police, University of Richmond Police Executive Leadership School, the FBI National Executive Institute, the Naval Post-graduate School's Homeland Security Executive Leadership Program,the FBI International Program for Leadership in Counter Terrorism and Leadership Hampton Roads;and WHEREAS:Jake's devotion to our City did not cease at the end of a shift.He has served in leadership roles on many civic groups such as, Leadership Hampton Roads, Virginia Beach 4-H Livestock Show and Sale Steering Committee, Sugar Plum Bakery and the Pungo Strawberry Festival.He is the current President of the Virginia Beach Police Foundation;and WHEREAS:Jake also served on the Commonwealth of Virginia's Criminal Justice Services Board and in leadership roles including as 2"d vice-president of the Major Cities Chiefs Association, the Executive Boards of both the Virginia Association of Chiefs of Police and the International Association of Chiefs of Police,and as President of the Hampton Roads Chiefs Association;and WHEREAS: Well after retirement, Jake has continued to donate his time and expertise to our City. He served on the Citizens Review Panel Task Force from May 2021-September 2021 to review the issue of civilian oversight and make recommendations to City Council, and along with other members contributed to the required policies and procedures for the Independent Citizen Review Board;and WHEREAS:Jake was selected to serve on the Independent Citizen Review Board Interview Panel and was selected by the members of the panel to serve as Chair. Together the panel reviewed over 50 applications to verb qualifications and eligibility to proceed with interviews.As Chair, he led the panel in making recommendations to City Council for the first 14 appointments of citizens reflecting the City's demographic;and WHEREAS:On this day,we honor a pullic servant who deserves our deepest gratitude and respect for all that he has accomplished and contributed to the City of Virginia Beach and to its citizens. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council pause in its deliberations to express its appreciation to Alfred Miller "Jake"Jacocks,Jr.for his outstanding contributions and his long-lasting legacy to our Police Department and our City. Adopted by the Council of the City of Virginia Beach, Virginia the 2"d day of May 2023 and present this Resolution duly signed by each Member of the Virginia Beach City Council. 4 AWL 0-X121h. 41^J Cou cil em t ae .Berlucchi Council Member Barbara M. nley Council Member N.D. 'yRoc '"Holcomb erliikRtet.6171' .... .''' 711:=...- k.,. Cotlhcil Member Robert W. "Worth"Remick Council Member Amelia N.Ross-Hammond ncil ember Jen i e ,444.4. .arc,t—.sl,g,,,ja,_ Council Member Joashua F. "Joash"Schulman Council Meer Chris Taylor C uncil M m r Sabrina D. Wooten ice Mayor Rosem ilson ZM1 "Dyer I. PUBLIC HEARING Ordinance to AMEND the City Code Section 10-1.1 re ADD the Kempsville Area Library as a location for Absentee Voting in person e 4;` -. • rj. Vyv PUBLIC HEARING ORDINANCE TO ESTABLISH THE KEMPSVILLE AREA LIBRARY AS A LOCATION FOR ABSENTEE VOTING IN PERSON The City Council of Virginia Beach, Virginia at its formal session on May 2,2023 at 6:00 p.m,will conduct a public hearing upon an ordinance to establish the Kempsville Area Library as a location for absentee voting in person. A copy of the aforesaid ordinance may be inspected in the Voter Registrar's Office,which is located at 2449 Princess Anne Road,Municipal Center, Building 14,Virginia Beach, Virginia,23456. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call: TDD only 711(TDD - Telephonic Device for the Deaf). If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbgov.webex.com/we blink/register/r8dee69d9ce6 d6bd7ee611bab27c9cc64 2. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m. on May 2,2023. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon April 23 and April 30,2023 'coo "�y� _ Pi " CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 .1 of the City Code to Add the Kempsville Area Library as a location for Absentee Voting in Person PUBLIC HEARING DATE: May 2, 2023 MEETING DATE: May 16, 2023 Background: On March 30, 2023, the Virginia Beach Electoral Board voted to add a location for early voting. These locations allow in-person early voting prior to the date of the November election and the presidential primaries and include required hours on Saturdays. The new location is: Kempsville Area Library, 832 Kempsville Road, 23464 • Considerations: The proposed satellite location meets the Americans with Disabilities Act requirements. Upon approval by the City Council, the satellite early voting location will be available for the November general election. • Public Information: As required by Virginia Code § 24.2-701.2 (A), notice of this proposed change will be published in the newspaper once a week for two consecutive weeks. Additionally, an advertisement will be placed in the newspaper prior to the November General Election. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Map Recommended Action: Approval Submitting Department/Agency: Department of Elections/General Registrar City Manager: 1 AN ORDINANCE TO AMEND SECTION 10-1.1 OF 2 THE CITY CODE TO ADD THE KEMPSVILLE AREA 3 LIBRARY AS A LOCATION FOR ABSENTEE 4 VOTING IN PERSON 5 6 SECTION AMENDED: § 10-1.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. Section 10-1.1 of the City Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 10-1.1. Satellite absentee voting locations; notice. 15 16 (a)As authorized by Code of Virginia § 24.2-701.2, the satellite offices to be used 17 in the city for absentee voting in person are the following locations: 18 19 Bayside Recreation Center, 4500 First Court Road. 20 21 Great Neck Recreation Center, 2521 Shorehaven Drive. 22 23 Seatack Recreation Center, 141 S. Birdneck Road. 24 25 Meyera Oberndorf Central Library, 4100 Virginia Beach Boulevard. 26 27 Kempsville Area Library. 832 Kempsville Road. 28 29 (b) The general registrar shall provide notice of such absentee voting locations at 30 the office of the voter registrar and at the voter registrar's website. Such notice will include 31 information regarding what time the location is available for in-person absentee voting 32 and other pertinent details. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .1,,.t.j6(44..,/, oter Registrar ity o e s ffice CA16145 R-1 April 18, 2023 MAP: Kempsville Area Library d o'''+o c ' N 4 0' C p �,^�rQ tN P o a Q 00,,itie Rd Oeatdei` p� �. C e e�„ r,d ` t ��" A K Advanced Q a f� Rodent Solutions • t�ct�l n W,0osori, j o c T' o i -a L 3 D BAT Virflinia Beach vino Italian+Bistro P T.J.Maroc© 9 •KempsvYk Area library r t etn Lac, 9 o '",,tir„ Dunkin t oeL,,,,oi S 9Dominos Pizza $ 'Mot Italian 9 Prorrpik*b The Sweet Spot 9 6ea40Manortik I abkonor Brickhouse Diner 9 9 CD Navy Federal Pr o cn Cr Credit Union© yc Bpi t�{pn a •� ; 'Mrk, Ke Jungle ApuatiCs© z ora Middlempsv Scdle hool0 v..... n 7 Ser,irpc inr 0 Bus line- .68 miles from a bus stop Parking spaces- 165 total (8 reserved for handicap) J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Morris Neck Farms, LLC (102.14 +/- acres), the issuance by the City of its contract obligation in the maximum principal amount of$1,305,349 and TRANSFER funds to purchase U.S. Treasury STRIPS 2. Resolution to AUTHORIZE the City Manager to EXECUTE an Agreement with localities of Region 5 re pursue grant funding from the Virginia Opioid Abatement Authority (Requested by City Council) 3. Ordinance to ACCEPT and APPROPRIATE $18,500 from the Virginia Department of Social Services to the Adult Protective Services Program in the Department of Human Services re purchase of technology, materials, resources, and staff training to improve the Adult Protective Services Program 4. Ordinance to ACCEPT and APPROPRIATE $12,631 from the Virginia Department of Behavioral Health and Developmental Service(DBHDS)to the Child and Youth Program in the Department of Humans Services re support the Children's Mental Health Initiative 5. Ordinance to ACCEPT and APPROPRIATE a$2,000 Grant from the Virginia Department of Behavioral Health and Developmental Services(DBHDS)to the Department of Human Services re peer recognition event 6. Ordinance to TRANSFER$410,970 from General Fund Reserve for Contingencies to FY2022- 23 Office of Voter Registration and Elections Operating Budget re fund the June primary elections 7. Ordinance to TRANSFER $204,179 from the Police Department Operating Budget to Capital Project#100446, "Various Buildings Rehabilitation and Renewal Phase IV"re construction of a ballistics room • L -1 It) ) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Morris Neck Farms, LLC (102.14+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $1,305,349, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: April 18, 2023 MEETING DATE: May 2, 2023 • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. • Considerations: The subject property, which consists of one (1) parcel of land having approximately 102.14 acres outside of marshland and swampland, is owned by Morris Neck Farms, LLC, a Virginia limited liability company. The parcel is located at 1713 Mill Landing Road (GPIN: 2410-12-9506) and is shown on the attached Location Map. Under current development regulations, there is a total development potential of ten (10) single-family dwelling building sites, of which one (1) building site is being reserved for a future development. The proposed purchase price, as stated in the ordinance, is $1,305,349. This price is the equivalent of approximately $12,780 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.109% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.109% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks (April 2, 2023 and April 9, 2023). The Public Hearing will be held on April 18, 2023. Public notice will be provided via the normal City Council agenda process. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Agriculture Department V City Manager: 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM MORRIS NECK FARMS, LLC 4 (102.14+/-ACRES), 2)THE ISSUANCE BY THE CITY OF 5 ITS CONTRACT OBLIGATIONS IN THE MAXIMUM 6 PRINCIPAL AMOUNT OF $1,305,349, AND 3) 7 TRANSFER OF FUNDS TO PURCHASE U.S. 8 TREASURY STRIPS 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 15 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 16 Installment Purchase Agreement) on certain property located in the City and more fully 17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 18 $1,305,349; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.109% per annum or 37 the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.109% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $504,694.77 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance, to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 72 , 2023. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Ock;; GlAtt). Agriculture Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUND : Li/taot wh 9, Director of Finance City Attorneys Office CA16054 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d031\p025\00876348.doc R-1 April 4, 2023 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2022-166 SUMMARY OF TERMS SELLER: Morris Neck Farms, LLC, a Virginia limited liability company PROPERTY LOCATION: 1713 Mill Landing Road GPIN: 2410-12-9506 PURCHASE PRICE: $1,305,349.00 EASEMENT AREA: 102.14 acres, more or less DEVELOPMENT POTENTIAL: 10 single-family building sites (1 reserved by Seller for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 4.109% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement ("IPA")). Rate may not exceed 6.109%without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. LOCATION MAP 7 / i / / . / - ....„7_ D 1,7*----. ... , ..., . /, " \ /7. . _ __ „...... . ' . . :::-.4—... -,.- " . . # • //---1 • .... ....,,,, .. ,.. / . - _ // // /// • • -!,,-...,`,,' — -..\\. - -4.7.7' '.: --tr.- ".,.1,-•" -,,..--,. e . ...,' -----..„,"%7 / • + i 0, / e:•\, /_ • , . _ . - • ., s 4, ... _ \ \ / ,e3 1713 Mill Landing Road ,. ...,. GPIN•. 2410-12-9506 , -_, (Approx. 102.14 Developable Acres) ... . ...... .,..... .., . ' ... / . .., ., ., • * . ,.. , ••••.• /1111111 ' .. • •/ ..... -• ... ,. t ID City of Virginia Beech (...-.. . . - . N\\,.- '90* \ - - ------• . -.... _---- r-----, . --,„--,-.-. ---, I' -,._.... „ .. .;-: --i,/ ---,,_ .... :. . . ----•i- 0.-* -, .- .. ' -1-'..-' -,/ i J-- ,- 4.,. .., ,..„- / i.,. \ ,‘ 111P i; „.,... '.719t, i . , '' L. ,.. ,.„. * - •.. - if. -- , ' 4 .,- .. . / -• , 1:'44 '-7.'-' .• . . i .., •, -. . ... ...- . - • ',.1.-— 4-- ...,„ ... .,: ,,,.... •sk 4 ..' --.......1.' .1- --* •-• NI ...... t. .......,..., . : - ..... . - ifir...1• . ,. , .._ ' • * I .., _,,,,,,... . .....4.. • - .- ..„.....-- ,... , . ..--.. . ----:,-- --; !' ------- --- / - Of*. it", mt. iciitiii.. il _ ' • . . . ...... . -.,-.,-. ' ..., . ., . , . , - . .-., '441N4it- . „...______ •,..,ait:-..--,t... . • :----.. ' ,.....„- „ .,..,„ ,.. ......_ _.. .._ _ . . .. .• i .,...., . .. . , 4 - -*'''. r. .., - .., . ..... .... „. .. , ...„.:.. ,,.. .,. . ..,.,....„, ......._ ,,,,. .. ...,„, _ , _ .,... . ...h.._ .... 4., • . r---,...-41 , _,,, . ,. . .„,.., LA - - ----- - ,..•-'1* - - -...evc, • ---,_,.-- - --44 • '', --..• - .,. -. • - sa . ,,. -ViF•i,'', . ,,.1111116 -. . ,..-• ...- . - • • ' r': .J .; ' '''..,... 5 ' . '''''' ... - " 'A'''''' .' ' - °. .- . ' . 4,14p, , ,...,. .. --- , --qy - - - 1 ''-'.- .• ' , -. 1..S . '-'-. ,f ' '" -----:::$.:::-;:.'"...„.. Is! - , ,,,. ' ' ......,' :.,.. _ , ., _-. . - •i .-- i . ,,., .-..,...., Disclosure Statement \LB • City of Virginia Beach • Planning & Community Development • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Morris i(e e C f ,,v7c, Lit C Applicant Name iVt/ o't gc O f,70msc&c4.1 ;41~ M W/ Does the applicant have a representative? ❑ Yes lev ‘a • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? It<s ❑ No • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) `770irc S /?fict ,rn?c, L- 1 marrt r /co -o u ,t-s/ i&cift 3604Drrl r — w4114/70(TAo • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1lPage Disclosure StatementNIB City of Virginia Bend; �... Planning & Community • Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beac ave an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Ri Yes ❑ No • If yes,identify the financial institutions providing the serice. (7/ /7/ii r ( ,I'! 2. Does the applicantca have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? El Yes Id No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in onnection with the subject of the application or any business operating or to be operated on the property? ❑ Yes lQ No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provideded in connection with the subject of the application or any business operating or to be operated on the property? El Yes L�No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes L,YNo • If yes,identify the purchaser and purchaser's service providers. 2IPage Disclosure Statement • • • City of Virginia Beach ,,.•.•••11111 •• Planning & Community Development 6. Does the applicant have a construction contractor. connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in conne .on with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in con ction with the subject of the application or any business operating or to be operated on the property? ❑ Yes LS No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ,221AV'—k, Applicant Signature 4/d.S.004 Sart/ /920 r '0 44)44,1/Mt/I of ige/fel /I/MOr,i,r Print Name and Title U (a - .c.-/ /yt,t Date Is the applicant also the owner of the subject property? Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ElNo changes as of Date Signature Print Name 3IPage Disclosure Statement 'NB City of Vuryinia Beach Planning &Community Development Continue to Next Page for Owner Disclosure 41Page Disclosure Statement City of Virginia Bead, Planning & Community -- - Development Owner Disclosure Owner Name /'Th((( Iv GE /: ymc, Z.-LC Applicant Name /?Jtlro, . Sal/ /flo I'i tge.,-(3"8l lu.), 1ak /Wort Ls- Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 'eS ❑ No • If yes, list the names of all officers,fi directors, members,trustees, etc. below. (Attach a list if necessary) t kM. SCarler mar'�S - emkr /flla,io inom 1,0K ( -o'c-✓tt/ Beirj I*GO Matt /7)o -- /111 an 4.€v/ co--o au r1�r • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach havean interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes �No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5IPage Ilv Disclosure Statement i\B , • City of Virginia Beath ., ,, Planning & Community _,,.__ . Development V, ,......„------ Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any fina ng in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify th financial institutions providing the service. o%r?I' / arras rc d2 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes C=K-c; • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes L� NO • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? II] Yes L<No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes IJ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes E2 N—o • If yes,identify the firm and individual providing the service. 6IPage Disclosure Statement City of Virginia Beach Planning & Community Development • 8. Is the Owner receiving legal services in�connnee tion with the subject of the application or any business operating or to be operated on the property? ❑ Yes ld NO • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner, � Signature / /' / veico h �l d �o tilt L o--Okq((��A�a -- /�l/,u4)/V14 rC ml&rf Print Name and Title e'a .c /rht"rr /O /9' c2G2 Date 7IPage `' a• re if r ,, CITY OF VIRGINIA BEACH AGENDA ITEM 41 ITEM: A Resolution to Authorize the City Manager to Enter into Agreements with the Localities of Region 5 for Purposes of Obtaining Grant Funding from the Virginia Opioid Abatement Authority MEETING DATE: May 2, 2023 • Background: The Opioid Abatement Authority (OAA) was established by the General Assembly in 2021 as an independent entity to abate and remediate the opioid epidemic in the Commonwealth through financial support from the Virginia Opioid Abatement Fund in the form of grants, donations, or other assistance, for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth. The OAA serves to build partnerships between Virginia's cities and counties, state agencies, and providers of services to assist individuals suffering from opioid use disorders and co-occurring substance use and mental illness. These partnerships address the full range of services, providing education about substance use, prevention, treatment, and recovery supports. Financial assistance offered through the OAA consists of settlement funds paid to Virginia by prescription opioid manufacturers and companies in the prescription opioid distribution network. As of January 19, 2023, three national-level opioid settlements have been approved by Virginia state courts, resulting in payments to Virginia. As these settlement agreements were being negotiated and finalized in 2020-2021, the Office of the Attorney General of Virginia worked with attorneys representing cities and counties and various statewide organizations to negotiate Virginia's memorandum of understanding (MOU), which establishes an allocation plan for opioid settlements within the Commonwealth. The MOU includes a formula for distributing the proceeds of opioid settlements based on a measure of harm per capita to communities across Virginia. All 133 counties and cities in the Commonwealth signed this MOU. Nearly simultaneously the General Assembly overwhelmingly voted to pass bipartisan legislation that created the Opioid Abatement Authority as an independent entity of the Commonwealth. The distribution of opioid settlement funds in Virginia is governed by (1) the specific agreement(s)with the settling companies (and incorporated in a Virginia court order) and in accordance with (2) the statewide MOU and (3) the statute establishing the Opioid Abatement Fund and the Opioid Abatement Authority. In accordance with the statewide MOU and statutory limitations, the OAA distributes funds to Virginia's cities, counties, and state agencies as these are the parties involved in the litigation. However, those entities may use funds they receive from the OAA to enter into agreements with service providers. The division of the settlement dollars is as follows: 15% distributed directly to the Commonwealth, 30% distributed directly to the Cities and Counties of the Commonwealth, and 55% deposited to the Opioid Abatement Fund (OAF). The OAF monies are further divided as follows: 15% to Cities and Counties, 15% to State Agencies, 35% is reserved for City/County Partnerships, and 35% will be "discretionary" and can provide additional awards by the OAA to the categories listed above. • Considerations: According to the Virginia Department of Health, in 2021, the opioid overdose death rate for the Commonwealth was 25.9 per 100,000 residents. In Virginia Beach that year, the rate was 20.8 per 100,000. The attached resolution provides for the cities of Region 5 to jointly apply to the Virginia Opioid Abatement Authority for grant funding. • Public Information: Normal City Council agenda process. • Attachments: Resolution Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION TO AUTHORIZE THE CITY 2 MANAGER TO ENTER INTO AGREEMENTS WITH 3 THE LOCALITIES OF REGION 5 FOR PURPOSES OF 4 OBTAINING GRANT FUNDING FROM THE VIRGINIA 5 OPIOID ABATEMENT AUTHORITY 6 7 WHEREAS, the mission of the Virginia Opioid Abatement Authority (OAA) is to 8 abate and remediate the opioid epidemic in the Commonwealth through financial support 9 in the form of grants, donations, or other assistance; 10 11 WHEREAS, the OAA operates a financial assistance program to support strategies 12 of cities and counties in Virginia that implement efforts to treat, prevent, and reduce opioid 13 use disorder and the misuse of opioids; 14 15 WHEREAS, the City of Virginia Beach is committed to work together to develop 16 strategies and pursue funding from the OAA to treat, prevent, and reduce opioid use 17 disorder and the misuse of opioids; and 18 19 WHEREAS, the City is located within Region 5 of the Department of Behavioral 20 Health and Developmental Services; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA, THAT: 24 25 The City Manager is hereby authorized to execute agreements with localities and 26 stakeholders in Region 5 to pursue grant funding from the Virginia Opioid Abatement 27 Authority and to execute all documents in connection therewith provided such documents 28 have been approved for legal sufficiency by the Office of the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: orn 's Office CA16149 R-2 April 25, 2023 ro ' • u S! tL`„v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $18,500 from the Commonwealth for Adult Protective Services MEETING DATE: May 2, 2023 • Background: The Administration for Community Living established the American Rescue Plan Act (ARPA) of 2021 grant to improve and enhance the Adult Protective Services (APS) provided by state and local governments. The funds awarded under this ARPA grant provide additional resources for local APS programs to enhance APS services. • Considerations: Since the adoption of the City's FY 2022-2023 Operating Budget, the Virginia Department of Social Services has provided additional funding of $18,500 to help cover the cost of enhancing and improving the City's APS response to the COVID- 19 pandemic. These funds will enable the purchase of goods and services for adults aged 60 years or older or 18-59-year-olds who are incapacitated and served through the APS Program. The funds will be used for the purchase of technology, materials, resources, and training for APS staff to help to prevent adult maltreatment while also helping to facilitate local investigations of adult abuse, neglect or exploitation related to the COVID- 19 pandemic. This is one-time funding from the Commonwealth, and no local match is required. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: /1 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $18,500 2 FROM THE COMMONWEALTH FOR ADULT PROTECTIVE 3 SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $18,500 is hereby accepted from the Virginia Department of Social Services and 9 appropriated, with revenue increased accordingly, to the Adult Protective Services 10 Program in the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: D , Budget and Management Services City Attorney' Office CA16155 R-1 April 19, 2023 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $12,631 from the Commonwealth to Support the Children's Mental Health Initiative MEETING DATE: May 2, 2023 • Background: The Virginia Department of Behavioral Health and Developmental Services (DBHDS) provides the Department of Human Services ongoing funds to offer in-home and other community based mental health services to youth who are not mandated to receive these services due to their enrollment in foster care or adoption programs. This funding for non-mandated youth mental health services may be supplemented by DBHDS with additional one-time funding based on availability of funds. • Considerations: DBHDS is providing an additional $12,631 in one-time funds to the Department of Human Services' Child and Youth Services program to support the Department's Children's Mental Health Initiative. The amount will fund the purchase of contracted in-home and community based services for youths enrolled in the program. This is a one-time lump sum payment from DBHDS without any cost implication for the City. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:140 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $12,631 2 FROM THE COMMONWEALTH TO SUPPORT THE 3 CHILDREN'S MENTAL HEALTH INITIATIVE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $12,631 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services and appropriated, with revenue increased accordingly, to the 10 Child and Youth Services Program in the Department of Human Services to support the 11 Children's Mental Health Initiative. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C. or ey's Office CA16154 R-1 April 19, 2023 `►`11•y11P;J 4.1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a $2,000 Grant from the Commonwealth to the Department of Human Services for a Peer Recognition Event MEETING DATE: May 2, 2023 • Background: The Virginia Department of Behavioral Health and Developmental Services (DBHDS) has established a "Year of the Peer" Microgrant to support peer recognition programs throughout the Commonwealth. Twenty applications were submitted for 10 possible grants. The Department of Human Services was one of the successful awardees of the DBHDS $2,000 microgrant. • Considerations: DBHDS is providing a microgrant of $2,000 to the Department of Human Services to help cover some of the costs associated with the department's planned "Virginia Beach Celebrates Peers" event and activities. It is a one-time microgrant from DBHDS, and no local match is required. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: W 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 $2,000 GRANT FROM THE COMMONWEALTH TO THE 3 DEPARTMENT OF HUMAN SERVICES FOR A PEER 4 RECOGNITION EVENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $2,000 is hereby accepted from the Virginia Department of Behavioral Health and 10 Developmental Services and appropriated, with revenue increased accordingly, to the 11 Department of Human Services for a peer recognition event. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services rn 's Office CA16156 R-1 April 19, 2023 `='4 j CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Transfer Funds for the June Primary Elections MEETING DATE: May 2, 2023 • Background: Primary Elections have been ordered for June 20, 2023, in the City of Virginia Beach. State law requires the locality to pay the cost of primary elections. The FY 2022-23 Operating Budget does not include funding for primary elections, and as such a transfer is necessary. The proposed source of funds is the General Fund Reserve for Contingencies. • Considerations: The estimated cost for the primary elections is $410,970. Of the requested amount, $20,000 is for staff overtime, $253,600 is for contracted manpower and election officials to staff the polls, $124,870 for contractual services (custodians, printing and binding, machine technicians, ballot design and proofing, election day support, moving of election equipment, and ballots), and $12,500 for postal services. If approved, the remaining balance of the General Fund Reserve for Contingencies will be $0. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registration & Elections City Manager: 0,-70 AN ORDINANCE TO TRANSFER FUNDS FOR THE JUNE 2 PRIMARY ELECTIONS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $410,970 is hereby transferred from the General Fund Reserve for Contingencies 8 to the Office of Voter Registration and Elections to fund the June Primary Elections. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C45;dgth6t3t \ — Budget and Management Services C. or ey's Office CA16153 R-1 April 19, 2023 4NBf111 ♦1r y,, ...* vr.7- i s� #04,..? -. .,,,,=:::;--, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $204,179 from the Police Department to Capital Project #100446, "Various Buildings Rehabilitation and Renewal IV," for Construction of a Ballistics Room MEETING DATE: May 2, 2023 • Background: The Public Works Department is assisting the Police Department (VBPD) with the construction of a ballistic room for the Forensic Services Unit, located on Leroy Drive. VBPD began offering the National Integrated Ballistic Identification Network (NIBIN) in December of 2021. NIBIN is a database populated with images of cartridge cases from across the country. Cartridge cases that are collected from shooting scenes in the City and test-fired firearms are searched against the entries populating the database. In the event that two cartridge cases display sufficient similarity, a forensic firearms examiner reviews the suggested correlation and sends this information for investigative follow up. The results, known as leads, indicate that cartridge cases from two different crime scenes were fired from the same firearm. A suspect of one shooting scene may be tied to another shooting scene via a NIBIN lead, which must be confirmed with investigative follow-up and sharing of information. Previously, The Virginia Department of Forensic Science (DFS) handled all NIBIN casework as part of an overall forensic firearm examination. DFS is the regional crime lab for all of Hampton Roads and several surrounding cities/counties. As such, they receive a large volume of evidence from each agency which results in a significant backlog of as long as six months to receive NIBIN information. Leads are designed to be investigative, so their timeliness is paramount to combatting firearm crimes in our City and the surrounding region. Due to the backlog at DFS, VBPD began to do this analysis based on the value of NIBIN's actionable, investigative intelligence. Currently, cartridge casings recovered from crime scenes are promptly entered into NIBIN; however, firearms recovered from crime scenes must be test-fired to produce a resultant cartridge case for entry. The test firing process is not time-consuming, but it must be performed at an appropriate location. The current solution for test-firing is a weekly trip to the Academi firing range, located across the southern border in Moyock, NC. Due to the range being shared space, VBPD competes to reserve time to complete test fires. While VBPD has made significant improvements in the timeliness of the processes, the department is only as fast as a weekly trip to the range. As such, a test- fire room located inside a city-owned facility would permit firearms to be test fired on demand and acquired into the NIBIN database immediately afterward. This would eliminate the weekly trip to Academi and the delay associated with the preparation, loading, travel, test-firing, return travel, and off-loading. With an in-house test-fire room, a firearm could be retrieved from a shelf, test-fired, returned to the shelf and immediately acquired into the NIBIN database for searching. In FY 2021-22 the Public Works Department assisted with the necessary engineering design to determine options and approximate cost. The Police Department is now ready to move forward with this project. This request will move funds from the Police Department Operating Budget to Capital Project #100446, "Various Buildings Rehabilitation & Renewal IV," so this project can be put out to bid and completed. • Considerations: The Police Department has funding for this project in its operating accounts in the FY 2022-23 budget. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance; Capital Project Page Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: C9) 9 1 AN ORDINANCE TO TRANSFER $204,179 FROM THE 2 POLICE DEPARTMENT TO CAPITAL PROJECT #100446, 3 "VARIOUS BUILDINGS REHABILITATION AND RENEWAL 4 IV," FOR CONSTRUCTION OF A BALLISTICS ROOM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $204,179 from the FY 2022-23 Operating Budget of the Police Department is 10 hereby transferred to Capital Project #100446, "Various Building Rehabilitation and 11 Renewal, Phase IV," for the construction of a ballistics room. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 04A:.frCagEtp Budget and Management Services City tt rney's Office CA16148 R-1 April 18, 2023 Fiscal Years FYZ3 through FY28 Capital improvement Program Project:PG100446- j•!tie:Various BuHdings Rehabilitation and Renewal iV }status:Approved Category:bulidinigs and Assets •• • rtment:Public Works Project Type Project Location Project Type:Rehabllltatlon/ReplacemrnI •'- :Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Fending Funding To Date FY23 FY24 FY25 FY26 FY27 FY2i Future 39,720,572, 16,920,572 3.800,000 3,800.000 3.800,0001 3,800.000, _ 3.800, Description and Scope This project provides for rehabilitation and renewal of interior and exterior systems for uty-owned buildings/facilities.it aoaresses a backlog of original roofs,which were installed from 1968 to 1984.it excludes roofs for fire stations and parks&recreation facilities,which are included in separate projects.it includes rehabilitation and replacement of the Fire Training Center's existing facility and libraries.In addition,this project supports the City's portion of roof replacement of the Adult Training Center(ATC)at Tidewater Community College and various ADA upgrades and improvements. Some of the larger plans of programmed work includes:roof replacements for Buildings 19,21,the Correctional Center,and the Oceanfront library,as well as parking lot repairs to Buildings 9,11,and the Public Works and Public lltiktles Dam Neck Facilities. Per • and Need Because of the age of City-owned buildings,roofs are In poor repair and various building components and systems need to be replaced or repaired. Repair and rehabilitation are needed to maintain efficiently functioning facilities and preserve City assets. • tn'y and Current Status This project first appeared in the FY 2018-19 ClPand Is a continuation of project 3-137,Various Buildings Rehabilitation and Renewal Phase Ill.In September 201B,the City Council approved a transfer of$167,166 from CIP 3-503 Housing Resource Center for electrical upgrades at the Farmers Market.in FY 2019,$80,000 was transferred to this project to provide for enhanced security features in the City Attorney's Office within Building 1.In addition,a total of$2,698,406 has been transferred into this project for the remediation of Building 2,as wet as relocation of staff following the events of 5/31/19- Operating Budget Impact Comments Operating budget impacts are not antldpated to occur. FY23 FY24 FY25 FY26 FY27 FY28 Totai Operating Budget impacts - - - - - - Total FTE - • - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/18-06/28 500,000 Construction 07/18-06/2S 39,220,572 Total Budgetary Cost Estimate: 39,720,572 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 39,720,572 Total Funding: 39,720,572 • FY 2 2$b FY 2027.2E 119 Capital Improvement Program CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:04/18/2023 PAGE: 1 R H H C L H O R A H T W W U E L EMR U A I 0 CDNCMMOL Y L O C Y L 0 I OUML S AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN I. CITY MANAGER'S BRIEFING A. FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) 1. VIRGINIA BEACH CITY PUBLIC SCHOOLS Trenace Riggs, OPERATING&CIP School Board Chair Dr.Aaron Spence, Superintendent Melisa Ingram, Executive Director —VBCPS Facilities Crystal Pate,Chief Financial Officer 2. BUILDINGS CIP U Hansen,Director 3. PARKS AND RECREATION OPERATING& Michael Kirschman, CIP Director Chad Morris, Planning Design and Development Administrator 4. ECONOMIC AND TOURISM Emily Archer,Project DEVELOPMENT CIP Development Manager 5. ECONOMIC DEVELOPMENT Kathy Warren, Deputy Director 6. PLANNING AND COMMUNITY Kathy Warren, DEVELOPMENT Interim Director 7. AQUARIUM Cynthia Whitbred- Spanoulis,Director 8. HUMAN SERVICES Aileen Smith, Director 9. COMMUNICATIONS Tiffany Russell, Director II-V CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 1. INFORMAL and FORMAL SESSIONS April 4,2023 2. SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y April 11,2023 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:04/18/2023 PAGE: 2 R H H C L HOR A H T W W U E L EMRUA 1 O C D N C M M 0 L Y I. O C Y L 0 I OUML S T AGENDA HE F MCNS A O O E ITEM# SUBJECT MOTION VOTE 1 R YBK DENR N N H. MAYOR'S PRESENTATIONS 1. PROCLAMATION-National Volunteer Week Audravette Jackson accepting 2. PROCLAMATION-Month of the Military Child 3. RESOLUTION-Autism Acceptance Month Tyler Williamson,Families of Autistic Children of Tidewater(FACT) Rhonda Osisek,Social Butterflies Tyler Hart,Commonwealth Autism(CA) Lider Counseling Alison Barclift,Sentara Christine Ross,Aid Another Leslie Lawrence,Easterseals Sharon Russell,Autism Society accepting 4. RESOLUTION-Mayor's Against Cancer Michele Couch,Bobby Levin,Donna Rennick, and Dr.Bruce Waldholtz,accepting 1. PUBLIC HEARING l. ACQUISITION OF AGRICULTURAL LAND NO SPEAKERS PRESERVATION(ARP)EASEMENT Installment Purchase Agreement for 102.14 acres at 1713 Mill Landing Road K.1. Ordinance to AUTHORIZE the Dedication of a ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y 2,679 square feet(0.06150 acre)Utility Easement CONSENT B to Dominion Energy Virginia over City-owned S property at 1525 Salem Road re serve HRSD T facilities A N E D K.2. Resolution to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Memorandum of Understanding CONSENT (MOU)between the City and the Navy at Navy Bases located in Virginia Beach re coordination of law enforcement K.3. Resolution to AMEND the Cost Allocation ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement between the Cities of Chesapeake, CONSENT Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach and the Transportation District Commission of Hampton Roads K.4. Ordinance to ESTABLISH Capital Project ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y #100664 "5/31 Memorial"; TRANSFER $1.2- CONSENT Million from the General Fund Vacancy Savings to Capital Project #100664; AUTHORIZE the City Manager to negotiate a design contract with Dills Architects, PC and APPROVE the 5/31 Memorial site CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:04/18/2023 PAGE: 3 R H H C L HOR A H T W W U E L EMR U A I 0 CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCNS A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN K.5. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $4,660,479 from the Virginia Department of CONSENT Transportation(VDOT)to the FY 2022-23 Public Works Operating Budget / TRANSFER $4,660,479 to the FY2022-23 Capital Improvement Program as pay-as-you-go funding re Capital Project #100401 "Street Reconstruction II" K.6. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $784,142 reimbursement from Mancon, LLC; CONSENT APPROPRIATE $1-Million from the City Garage Internal Service Fund Balance / TRANSFER $1-Million from capital outlay accounts to the FY2022-23 City Garage Internal Service Fund Operating Budget re increase cost of parts L.1. DAVID C.&MERIL B.GERSTENMAIER for APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y a Street Closure re fifteen(15)-foot portion of an CONSENT unimproved, unnamed alley adjacent to 650 South Atlantic Avenue & Lot 22, Block 20, Croatan Beach DISTRICT 5(formerly District 6 —Beach) L.2. BORN PRIMITIVE, LLC / MODERN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y SAVAGE INVESTMENTS, LLC for a MODIFIED/ Modification of Proffers to a Conditional Change PROFFERED,BY of Zoning re office warehouse at Southeastern CONSENT corner of the intersection of Virginia Beach & North Oceana Boulevards DISTRICT 6(formerly District 6—Beach)Approved February 24,2004 L.3. B AND B ASSOCIATES OF VIRGINIA,INC/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y INDIAN RIVER APARTMENTS, LLC for a CONDITIONED,BY Change in Nonconformity re expansion of CONSENT apartment complex at 1008 Mineola Drive DISTRICT 1(formerly District 2—Kempsville) L.4. JOE WHITE /PEMBROKE SQUARE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ASSOCIATES,LLC for a Special Exception for CONDITIONED,BY Alternative Compliance re allow for wall signage CONSENT larger than what is permitted by the Central Business Core(CBC)Form Based Code at 4564 Virginia Beach Boulevard DISTRICT 9(formerly District 4—Bayside) L.5. OCEAN CHILLIN, LLC for a CUP re short APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y term rental at 303 Atlantic Avenue, Unit 300 CONDITIONED,BY DISTRICT 5(formerly District 6—Beach) CONSENT L.6. MICHAEL BIONDOLILLO / HELEN A. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LEWIS for a CUP re short term rental at 2113 CONDITIONED,BY Atlantic Avenue,Unit 2C DISTRICT 6(formerly CONSENT District 6—Beach) L.7 CAYMUS PROPERTIES,INC for CUPs re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y short term rentals at 509&511 19th Street CONDITIONED,BY DISTRICT 6(formerly District 6—Beach) CONSENT CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:04/18/2023 PAGE: 4 R H H C L H O R A H I W W U E L E MR U A I 0 C D N C M M 0 L Y L O C Y L 0 I 0 UM L S AGENDA HE EMCN S A 00 E ITEM# SUBJECT MOTION VOTE I R Y B K D EN R N N M. APPOINTMENTS RESCHEDULED B YCO N S E N S US BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE HISTORIC PRESERVATION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Paul F.Morrissette 3 Year Term 4/18/2023—3/31/2026 PARKS AND RECREATION COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Daniel Edwards -represents District 7 3 Year Term 4/18/2023—3/31/2026 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6:54 P.M. L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** 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 TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/r8dee69d9ce6d6bd7ee61 I bab27c9cc64 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 2, 2023. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:04/18/2023 PAGE: 1 R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCNS A O O E ITEM# SUBJECT MOTION VOTE I R Y B K DENR N N I. CITY MANAGER'S BRIEFING A. FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) 1. VIRGINIA BEACH CITY PUBLIC SCHOOLS Trenace Riggs, OPERATING&CIP School Board Chair Dr.Aaron Spence, Superintendent Melisa Ingram, Executive Director —VBCPS Facilities Crystal Pate,Chief Financial Officer 2. BUILDINGS CIP LJ Hansen,Director 3. PARKS AND RECREATION OPERATING& Michael Kirschman, CIP Director Chad Morris, Planning Design and Development Administrator 4. ECONOMIC AND TOURISM Emily Archer,Project DEVELOPMENT CIP Development Manager 5. ECONOMIC DEVELOPMENT Kathy Warren, Deputy Director 6. PLANNING AND COMMUNITY Kathy Warren, DEVELOPMENT Interim Director 7. AQUARIUM Cynthia Whitbred- Spanoulis,Director 8. HUMAN SERVICES Aileen Smith, Director 9. COMMUNICATIONS Tiffany Russell, Director II-V CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 1. INFORMAL and FORMAL SESSIONS April 4,2023 2. SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y April 11,2023 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:04/18/2023 PAGE: 2 R H H C L HOR A H T W W U E L EMR U A I 0 CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCNS A O O E ITEM# SUBJECT MOTION VOTE I R Y _ B K DE N R N N H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—National Volunteer Week Audravette Jackson accepting 2. PROCLAMATION—Month of the Military Child 3. RESOLUTION—Autism Acceptance Month Tyler Williamson,Families of Autistic Children of Tidewater(FACT) Rhonda Osisek,Social Butterflies Tyler Hart,Commonwealth Autism(CA) Lider Counseling Alison Barclift,Sentara Christine Ross,Aid Another Leslie Lawrence,Easterseals Sharon Russell,Autism Society accepting 4. RESOLUTION—Mayor's Against Cancer Michele Couch,Bobby Levin,Donna Rennick, and Dr.Bruce Waldholtz,accepting I. PUBLIC HEARING 1. ACQUISITION OF AGRICULTURAL LAND NO SPEAKERS PRESERVATION(ARP)EASEMENT Installment Purchase Agreement for 102.14 acres at 1713 Mill Landing Road K.1. Ordinance to AUTHORIZE the Dedication of a ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y 2,679 square feet(0.06150 acre)Utility Easement CONSENT B to Dominion Energy Virginia over City-owned S property at 1525 Salem Road re serve HRSD T facilities A I N E D K.2. Resolution to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Memorandum of Understanding CONSENT (MOU)between the City and the Navy at Navy Bases located in Virginia Beach re coordination of law enforcement K.3. Resolution to AMEND the Cost Allocation ADOPTED,BY 11-0 Y Y Y Y YYY Y Y Y Y Agreement between the Cities of Chesapeake, CONSENT Hampton,Newport News,Norfolk, Portsmouth, Virginia Beach and the Transportation District Commission of Hampton Roads K.4. Ordinance to ESTABLISH Capital Project ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y #100664 "5/31 Memorial"; TRANSFER $1.2- CONSENT Million from the General Fund Vacancy Savings to Capital Project#100664; AUTHORIZE the City Manager to negotiate a design contract with Dills Architects, PC and APPROVE the 5/31 Memorial site CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:04/18/2023 PAGE: 3 R H H C L HOR A H T W W U E L E MR U A I 0 CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCNS A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN K.5. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $4,660,479 from the Virginia Department of CONSENT Transportation(VDOT)to the FY 2022-23 Public Works Operating Budget / TRANSFER $4,660,479 to the FY2022-23 Capital Improvement Program as pay-as-you-go funding re Capital Project #100401 "Street Reconstruction II" K.6. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $784,142 reimbursement from Mancon, LLC; CONSENT APPROPRIATE $1-Million from the City Garage Internal Service Fund Balance / TRANSFER $1-Million from capital outlay accounts to the FY2022-23 City Garage Internal Service Fund Operating Budget re increase cost of parts L.1. DAVID C.&MERIL B.GERSTENMAIER for APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y a Street Closure re fifteen(15)-foot portion of an CONSENT unimproved, unnamed alley adjacent to 650 South Atlantic Avenue & Lot 22, Block 20, Croatan Beach DISTRICT 5(formerly District 6 —Beach) L.2. BORN PRIMITIVE, LLC / MODERN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y SAVAGE INVESTMENTS, LLC for a MODIFIED/ Modification of Proffers to a Conditional Change PROFFERED,BY of Zoning re office warehouse at Southeastern CONSENT corner of the intersection of Virginia Beach & North Oceana Boulevards DISTRICT 6(formerly District 6—Beach)Approved February 24,2004 L.3. B AND B ASSOCIATES OF VIRGINIA,INC/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y INDIAN RIVER APARTMENTS, LLC for a CONDITIONED,BY Change in Nonconformity re expansion of CONSENT apartment complex at 1008 Mineola Drive DISTRICT 1(formerly District 2—Kempsville) L.4. JOE WHITE /PEMBROKE SQUARE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ASSOCIATES,LLC for a Special Exception for CONDITIONED,BY Alternative Compliance re allow for wall signage CONSENT larger than what is permitted by the Central Business Core(CBC)Form Based Code at 4564 Virginia Beach Boulevard DISTRICT 9(formerly District 4—Bayside) L.5. OCEAN CHILLIN, LLC for a CUP re short APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y term rental at 303 Atlantic Avenue, Unit 300 CONDITIONED,BY DISTRICT 5(formerly District 6—Beach) CONSENT L.6. MICHAEL BIONDOLILLO / HELEN A. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LEWIS for a CUP re short term rental at 2113 CONDITIONED,BY Atlantic Avenue,Unit 2C DISTRICT 6(formerly CONSENT District 6—Beach) L.7 CAYMUS PROPERTIES,INC for CUPs re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y short term rentals at 509&511 19th Street CONDITIONED,BY DISTRICT 6(formerly District 6—Beach) CONSENT CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:04/18/2023 PAGE: 4 R H H C L HOR A H T W W U E L EMR U A I 0 CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCNS A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN M. APPOINTMENTS RESCHEDULED BYCO N S ENS US BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE HISTORIC PRESERVATION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Paul F.Morrissette 3 Year Term 4/18/2023—3/31/2026 PARKS AND RECREATION COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Daniel Edwards -represents District 7 3 Year Term 4/18/2023—3/31/2026 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6:54 P.M.