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10-3-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. `BOBBY"DYER,At Large Gll115 SE,q�, VICE MAYOR ROSEMARY WILSON—District 5 �1 L MICHAEL F.BERL UCCHI—District 3 BARBARA M.HENLEY—District 2 VACANT—District 1 U L ROBERT W. "WORTH"REMICK—District 6 DR.AMELIA N.ROSS-HAMMOND—District 4 ?� JENNIFER ROUSE—District 10 +-,o oHs JOASHUA F. JOASH"SCHULMAN-District 9 ouR 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 CITYATTORNEY—MARKD.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CJ7YAUDITOR—LYND ON S.REMIAS October 3, 2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:30 PM A. CONVENTION CENTER AND SPORTS CENTER REQUEST FOR LETTER OF INTEREST AND QUALIFICATIONS UPDATE Norm Jenkins, CEO, Capstone Development (Requested by Mayor Dyer and Council Member Remick) B. EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITIES AUTHORITY 2:30 PM Doug Smith, President & CEO—Hampton Roads Alliance (Requested by City Council) C. PPEA INTERIM AGREEMENT UPDATE 3:15 PM Melisa Ingram, Execute Director VBCPS Facilities D. 5/31 MEMORIAL PLANNING UPDATE 3:45 PM Emily Labows, Director—Cultural Affairs Chad Morris, Planning, Design, and Development Administrator— Parks and Recreation II. CITY COUNCIL LIAISON REPORTS 4:15 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS IV. CITY COUNCIL AGENDA REVIEW 4:30 PM V. INFORMAL SESSION - Conference Room- 4:45 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—Pastor Jimmy Coates Christ Community Church 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 September 19, 2023 2. FORMAL SESSION September 26, 2023 H. MAYOR'S PRESENTATION 1. PROCLAMATION ARTS &HUMANITIES MONTH Emily Labows I. PUBLIC HEARINGS 1. DECLARATION AND SALE OF EXCESS CITY PROPERTY 1,804 +/- square feet located at Ferry Point Road 2. DECLARATION AND SALE OF EXCESS CITY PROPERTY Development of the Dominion Energy Coastal Virginia Offshore Wind Project J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to DIRECT the City Attorney to file a petition for a Writ of Special Election re fill vacancy for District 1 2. Resolution<to DIRECT the City Attorney to file a petition for a Writ of Special Election re fill the vacancy in the Sheriff Office 3. Resolution to ESTABLISH partnership between Indigenous Tribes and the City (Requested by Vice Mayor Wilson and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman, and Taylor) 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a short-term Lease Agreement with Lumos Telephone, LLC, re four (4) strands of dark fiber in the City 's Communications Network 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for up to five (5)years at Virginia Beach Farmers Market, Suite 815 re Beach N Seafood,LLC 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for up to five (5) years at Virginia Beach Farmers Market, Building 7, spaces 7 & 8 re Creekmore 's Place, LLC 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for up to five (5) years at Virginia Beach Farmers Market, Building 2, Space 11 re Kempsville Florist& Gift Shop, Inc. 8. Ordinance AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for up to five (5) years at Virginia Beach Farmers Market, (a) Building 1, space 10 and (b) the Guard House Building re Seasons Best Bakery, LLC 9. Resolution in SUPPORT of offering incentives to prospective offerors responding to the Naval Air Station Oceana Request for Proposals for Competitive Out Grant 10. Ordinance to AUTHORIZE and CONVERT a part-time position to a full-time position in the Opioid Abatement Program within the Department of Human Services 11. Ordinance to ACCEPT and APPROPRIATE $9,886,400 from the National Fish and Wildlife Foundation to the FY 2023-24 Department of Public Works Operating Budget,and TRANSFER as Pay-Go Funding to Capital Project #100551, "Stormwater Green Infrastructure," re construction of marsh island terraces in Back Bay 12. Ordinance to ACCEPT and APPROPRIATE $846,661 from the Federal Emergency Management Agency (FEMA) to the FY 2023-24 Fire Department Operating Budget re continued operations of the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team 13. Ordinance to ACCEPT and APPROPRIATE $456,860 from Eastern Virginia Medical School to the FY 2023-24 Parks and Recreation Operating Budget re support the Out of School Time program 14. Ordinance to ACCEPT and APPROPRIATE $275,000 from the Virginia Marine Resources Commission to the FY 2023-24 Department of Public Works Operating Budget re the removal, and disposal of eighteen (18) abandon and derelict vessels (ADVs) and AUTHORIZE subrecipient grant to the Vessel Disposal& Reuse Foundation 15. Ordinance to ACCEPT and APPROPRIATE $170,485.05 and an additional $4,409.70 from the Federal Emergency Management Agency (FEMA) to the FY 2023-24 Fire Department Operating Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2) re flooding in Vermont 16. Ordinance to ACCEPT and APPROPRIATE $35,412.83 and an additional $1,062.38 from the Federal Emergency Management Agency (FEMA) to the FY 2023-24 Fire Department Operating Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2) re Hawaii Wildfires 17. Ordinance to ACCEPT and APPROPRIATE $27,500 from the Governor's Agriculture and Forestry Industries Development Fund Infrastructure Grant Program and AUTHORIZE $27,500 from the General Fund Reserve for Contingencies to the Virginia Beach Development Authority(VBDA)to provide the required local grant match re the installation of a new freezer and additional irrigation equipment at Cullipher Farm 18. Ordinance to ACCEPT and APPROPRIATE $10,174 from the Virginia Beach Library Foundation to the FY 2023-24 Public Library Operating Budget re purchase iPads for the children's spaces at various library branches 19. Ordinance to ACCEPT and APPROPRIATE$9,595 from the Virginia State Police to the FY 2023-24 Police Department Operating Budget re reimbursement of equipment purchased to investigate or prevent auto theft as part of the Help Eliminate Auto Theft(HEAT)program 20. Ordinance to APPROPRIATE $43,231.90 from the sale of equipment to the FY 2023-24 Fire Department Operating Budget for the Virginia Task Force 2 Team re purchase new vehicles 21. Ordinance to APPROPRIATE $5,000 from fee revenue to the FY 2023-24 Commonwealth Attorney Operating.Budget re purchase supplies and support the operation of drug treatment court L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOUTHSIDE NETWORK AUTHORITY URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD 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/govemment/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(Zi 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://vbciov.webex.com/weblink/reqister/r4ae45c87f09bdf65d5c6cad1141 b72b2 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 3, 2023. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:30 PM A. CONVENTION CENTER AND SPORTS CENTER REQUEST FOR LETTER OF INTEREST AND QUALIFICATIONS UPDATE Norm Jenkins,CEO, Capstone Development (Requested by Mayor Dyer and Council Member Remick) B. EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITIES AUTHORITY 2:30 PM Doug Smith, President & CEO—Hampton Roads Alliance (Requested by City Council) C. PPEA INTERIM AGREEMENT UPDATE 3:15 PM Melisa Ingram, Execute Director—VBCPS Facilities D. 5/31 MEMORIAL PLANNING UPDATE 3:45 PM Emily Labows, Director—Cultural Affairs Chad Morris, Planning, Design, and Development Administrator— Parks and Recreation II. CITY COUNCIL LIAISON REPORTS 4:15 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS IV. CITY COUNCIL AGENDA REVIEW 4:30 PM V. INFORMAL SESSION - Conference Room- 4:45 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-Pastor Jimmy Coates Christ Community Church 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 September 19, 2023 2. FORMAL SESSION September 26, 2023 • H. MAYOR'S PRESENTATION 1. PROCLAMATION ARTS & HUMANITIES MONTH Emily Labows f r f ,,4ka 4 ems , y.,4fi OUR nr., � rotJantation Werra: The month of October is recognised as 9lationalArts eZ 1lumanities Month by thousands of arts and cultural organizations, communities, and states across the country, as well as by the'White lfouse and Congress since 1993;and Whereas: e arts and humanities enhance and enrich the lives of every American through education, recreation,and creative work and by inspiring the imagination of hurnanQjn4 and Whereas: ( hie arts are accessible to all;and the arts aruf humanities are an essential component of quality of life for individuals;families,communities,and our nation;and Whereas: For many, the opportunity to create and share art in its many forms is as vital to health and wellness as oxygen, and Virginia Beach's vibrant arts community provides myriad opportunities for creative expression for all;starting as children and continuing throughout the twilight years; and Whereas The nonprofit arts industry strengthens our national economy by generating$135 billion in total economic activity annually, $2.2 billion in government revenue, and-by supporting the full time equivalent of 4.1 million jobs;and Wherea, In Virginia Beach,the nonprofit arts and culture sector generates$87.7 million in total economic activity annually, delivering$7 million in local anti state government revenue, and supporting 2,875 full time equivalent jobs;and Whereas: The City of Virginia Beach established an Arts e/lfumanities Commission in 1979, and the Commission has remained steadfast in promoting excellence in the arts and humanities by initiating and supporting programs, activities and poCicies that inspire, nurture, and reflect the culturalfiiversity of the area;and Whereas: Countless residents and'visitors experience the best of Virginia Beacli thanks to our local nonprofit arts and humanities organizations,and the thousands of artists who share their talents with the community, Now,Therefore,I,Rbert M.Dyer,511ayor of the City of Virginia(Beach,do hereby proclaim: October 2023 )trts I g-(umanities nth In Virginia Beach.,and I call on all citizens to cerebrate and promote the arts and culture in Virginia Beach through participation and support of artists ant/our many arts and humanities organizations. In Witness Wherry;I have hereunto set my hand and caused the Official-Seal of the City of Virginia Beach, Virginia, to be aff-rxed this Third Day of October Two Thousand and Twenty-Three. .....„----.,:.74 r _ I „,,,,,i, ,-,. ...._, ,_ . . }L� .., , , Rbert 511. "Bobby"Dyer Jt ayor I. PUBLIC HEARINGS 1. DECLARATION AND SALE OF EXCESS CITY PROPERTY 1,804 +/- square feet located at Ferry Point Road 2. DECLARATION AND SALE OF EXCESS CITY PROPERTY Development of the Dominion Energy Coastal Virginia Offshore Wind Project PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The.Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City-owned property,at Its formal session on Tuesday,October 3, ' 2023 at 6:00 p.m. In the Council Chamber of the City Hall.Building (Building #1) at the Virginia Beach Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia. The purpose of this hearing will be to obtain public input to determine whether the property located at Ferry Point Road (GPIN: 1465-19-1197) should be declared in"Excess of the City's needs' and be sold. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 3854303;Hearing Impaired, call 1-800.828-1120 (Virginia Relay- Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works/Real Estate, 2473. N. Landing Road, Building 23, at the Virginia Beach Municipal Center. The Real Estate Office telephone number Is • (757)385-4161. 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 httns://vboov.webex.com/webl( nk/realster/r4ae45c87f09bdf65 05c6cad114,1b72b2, 2: Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p:m.on October 3, - 2023. All interested parties are Invited to participate. Amanda Barnes,MMC - City Clerk BEACON:September 24,2023 ,rea , tg s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring 1,804± sq. ft. of City-owned property located on Ferry Point Road (GPIN: 1465-19-1197) to be in excess of the City's needs and authorizing the City Manager to sell the property to the adjoining property owners PUBLIC HEARING DATE: October 3, 2023 MEETING DATE: October 17, 2023 • Background: The City of Virginia Beach (the "City") owns a parcel of land known as GPIN: 1465-19-1197 (the "Property") that is adjacent to 1308 Ferry Point Road. The Property is a residual parcel from a larger lot that was acquired for the Indian River Road — Phase V Project (CIP 2-080) in March 1992. The Property consists of 1,804± sq. ft. The adjacent property at 1308 Ferry Point Road (GPIN: 1465-19-2222) is owned by the heirs of Catherine Mosley and/or their representatives: Gail Lawrence, Dianne Mosely, Wilbert Mosely, Bernadette Ponder, Dennis Mosely, and Morris H. Fine and Michael R. Hipps as Special Commissioners for the Heirs of Glinder Mosely (collectively, the "Applicant"). The Applicant desires to purchase the Property and resubdivide it into the adjacent property to create two single-family residential lots. • Considerations: The Applicant desires to purchase the Property for $5,000. The Property is assessed for$1,000. The Property will be sold subject to a 10' public drainage easement. The proceeds from the sale of the Property will be deposited in a transportation- related CIP, Indian River Road Phase VII-A — project #100217, as the Property was acquired as part of a state-funded project. • Public Information: A public hearing as required by Section 15.2-1800 Code of Virginia will be held on October 3, 2023, and public notice of the hearing will be advertised in The Virginian-Pilot Beacon and provided via the normal City Council agenda process. • Alternatives: Deny the request or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Exhibit A (Legal Description), Exhibit B (Summary of Terms), Location Map and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works Real Estate City Manager: 9W 1 Requested by Department of Public Works 2 3 AN ORDINANCE DECLARING 1,804± 4 SQ. FT. OF CITY-OWNED PROPERTY 5 LOCATED ON FERRY POINT ROAD 6 (GPIN: 1465-19-1197)TO BE IN EXCESS 7 OF THE CITY'S NEEDS AND 8 AUTHORZING THE CITY MANAGER TO 9 SELL THE PROPERTY TO THE 10 ADJOINING PROPERTY OWNERS 11 12 WHEREAS, the City of Virginia Beach (the"City") purchased a 32,397 sq. ft. 13 parcel of land on Ferry Point Road on March 31, 1992 for the Indian River Road—Phase V 14 Project, CIP 2-080 (the "Project"), which was a Virginia Department of Transportation 15 (VDOT) funded project; 16 17 WHEREAS, upon completion of the Project, the City owned a 1,804± sq. ft. 18 remainder of land located on Ferry Point Road (GPIN: 1465-19-1197)(the"Property")more 19 particularly described on Exhibit "A" attached hereto and made a part hereof; 20 21 WHEREAS, the Property is assessed at $1,000; 22 23 WHEREAS, the adjacent property at 1308 Ferry Point Road (GPIN: 1465-19- 24 2222) is owned by the heirs of Catherine Mosley and/or their representatives: Gail 25 Lawrence, Dianne Mosely, Wilbert Mosely, Bernadette Ponder, Dennis Mosely, and Morris 26 H. Fine and Michael R. Hipps as Special Commissioners for the Heirs of Glinder Mosely 27 (collectively, the "Applicant"); 28 29 WHEREAS, the Applicant has requested to purchase the Property in order to 30 resubdivide it into the adjacent property at 1308 Ferry Point Road in accordance with the 31 Summary of Terms attached hereto as Exhibit "B" and made e part hereof; and 32 33 WHEREAS, the City Council is of the opinion that the Property is in excess of 34 the needs of the City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 39 That the Property is hereby declared to be in excess of the needs of the City 40 of Virginia Beach and that the City Manager is hereby authorized to execute any 41 documents necessary to convey the Property to Applicant in accordance with the Summary 42 of Terms attached hereto as Exhibit "B" and such other terms, conditions or modifications 43 as may be acceptable to the City Manager and in a form deemed satisfactory by the City 44 Attorney. 45 i 46 Further, that revenue from the sale of the Property in the amount of$5,000.00 47 shall be received and deposited in Indian River Road Phase VII-A — project #100217. 48 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 , 2023. 53 54 CA15833 R-1 Prepared: 9/19/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: y11 nsPl\\ kk' P BLIC WkS/REAL ESTATE C TY OR E APPROVED AS TO CONTENT: gLA, a UDGET & MANAGEMENT SERVICES 2 EXHIBIT "A" LEGAL DESCRIPTION FERRY POINT ROAD; GPIN: 1465-19-1197: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as "PARCEL 011-A NOT A BUILDABLE SITE CITY OF VIRGINIA BEACH 1465-19-1197" as shown on that certain plat entitled, "RESUBDIVISION OF PARCEL A-2 (INST. NO. 200310150167649), PARCEL 009A (M.B. 218 PG. 92) & PARCEL 011 (M.B. 218 PG. 85) VIRGINIA BEACH, VIRGINIA" Scale: 1"=20', dated May 25, 2010, prepared by Ward M. Holmes Land Surveyor, P.C., which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 201000057520, to which reference is made for a more particular description. RESERVING UNTO THE CITY a 10' public drainage easement along the entire boundary of the Property adjacent to Ferry Point Road as illustrated on Attachment 1, to be established as a part of the resubdivision. 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 Apolonio F. Fontanares and Felicitas F. Fontanares, husband and wife, Rogelio M. Guerrero and Revilla B. Guerrero, husband and wife, Amadeo C. Cacanindin and Juanita P. Cacanindin, husband and wife, dated March 20, 1992, and recorded in the aforesaid Clerk's Office in Deed Book 3071, at page 2086. Attachment 1 IT R T.f]MCf+n.:.-KnuK4 M111) K 1YKm . u• IV::nu: I , 1 - ' .v:ei.nl lt1 51 wv..7 Vt.4, .41 E•oc 1 r T nf [:TIL-11:Ix:wT x.l,f16i It n.-.-C'T. T. POn ,•M ro/v0 -Manl •`•-rRl c • 1*01. FIN -Ma.%) u,Jc K0n41s LLS; b aL-tv Fozah-r*✓,tl .1 Sm 'Mc L6 N • '.'.ILL OVAL Xi DION) ti ^T* 1 NS✓iF C.PUCE 1/ ./i LL 1 FL C -[I 001.E `TELL 1.'CT-.'N(5: • (i K R M G 1E -R - t K.C15 n�'aI r 1- • K 11GC0 N 2 C K crt - 1111T- NT 4 Mwxu+'E -RE E-TI TM W'C ' e itrt ••1.... 1 en T 1ncL -`E' �+`` 1Cy01 h•. 1LL m'nLl r F F FL G FL I T G- n11 c r' I +It••..• - ...all - 'I• .1...11.•T[ I, Lmn '.rM IG T,T.�rr • C L E r 1 .ERNE/ . •OI•[1C' .Iir. 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C.I......[C r ill F•:J1/3.,lr INC C1CR.1'GFE 5^ ;n� - - 1 ..,xFL:If CT[ • 1 1 lC-..:: C21 :1 Nlllh M IYRSjr 1 M'. • I:5111 1.T:aLYRC t -- I} I u111.S'ICCM r rlP' t/ SLl 11IC..r.IL: 1LEC r [51Cl.er�i1 -C[CC C T•S 11 Maas uCALv Mao ' N0111'!t•10 4.Y0/ 111.1K V 4.Pl !cc: I A' n r L i W£.I..h1TIM1111D.T W. LIT..-1-11 (O0/I •T I.M ILs1••'iRR.i K't f .'_.T ri 1t FT(C MxgW S. _ IIYJA.111E11rRWSJSIkO.' J YY. z 6h[w+.-tre. I otY r.1.tir.vM I wr,S1W miser~room/Me IC4f,\ �f r ` 10' Drainage easement to be reserved mn w.1Ppl r-*4)5 mom. 5/113 510N PUT Or it...4.5.4:RE,'PNt wT TIC...4)4101 *..R..`e../.:..INS FLAT LOT A-I CCM[ECIL r K r12C•ALi'1tz•x.s a.11.c n T•C• :H9L..OF LAW. ....h '1.:h:.b. '•.IE. .11■. ..ti 1E,.1614.'' ,I, art �R.�7R. 200310'30157fi49) TUC =.JDCIvKpH OF PARGR 'A/ .so.:i•Z. L Ile 1* u�'•e1-.im v..-•ci•/I 7+`Lr W w. M A PART OF 1'ROPERT' OF H.dE Stan-?tt C 75 X7T sIlhoa 11^ul`WM.N ETCCI .K•.cT rCM+.IC[•.a' em.snJo:II'VANAVM P.m IN,-.La Ale:MA EEAGH. 'AROMA SCALE: ''..20' APRIL '7. 2020 Rl�� MS A— r�.C. •IJEr1'Ic nlCtro. CITY a w.i.A eE.cn'wx'aw. .. ..•.....,+F...'x'.rhle/EC n.R •••x•••• . IROR.1 nt hfLL e[wrt.CM A M1ChM.GrR mlN. '.a.e 11..r.....m1 r w.11...--w•1.+.F.-..r'An-Fw1xe !. 11 J3:Rano Dr`i'F 6�.°ey�. a'1Ca VA aswz ■La. .ma.ralE.:a1E.Fw n I 1 1 1 Oxl1.WE Ca •I I:IF'n St .J+ MCC ./]]/»A -••.III -'.Yt ... Y[AEr 2 C I III OK•SN..T.-C. - IC[r ^r EXHIBIT B SUMMARY OF TERMS SELLER: City of Virginia Beach ("City") BUYER: The heirs of Catherine Mosley and/or their representatives: Gail Lawrence, Dianne Mosely, Wilbert Mosely, Bernadette Ponder, Dennis Mosely, and Morris H. Fine and Michael R. Hipps as Special Commissioners for the Heirs of Glinder Mosely CITY PROPERTY TO BE ACQUIRED: 1,804± Sq. Ft. (0.041 acre) of City property located on Ferry Point Road (GPIN: 1465-19-1197), more particularly described on Exhibit A SALE PRICE: $5,000.00 CONDITIONS OF SALE • The Property is purchased "AS IS, WHERE IS," and will be conveyed by Special Warranty Deed. • Buyer shall adhere to all zoning ordinances and City Code requirements. • City will reserve a 10-foot public drainage easement along Ferry Point Road as illustrated on Attachment 1 to Exhibit A. • Buyer shall resubdivide the Property into the adjacent property located at 1308 Ferry Point.Road and vacate interior lot lines. • Buyer shall be responsible for its own closing costs, recording fees, and attorney's fees. • Closing shall occur on or before 45 days from the approval of the resubdivision plat, unless extended by the City Manager. Approval of the sale shall be revoked if closing has not occurred on or before December 31, 2024, unless extended by the City Manager prior to such date. NISF .,IF , j1/ y iW -. ��...- E r 1 .,.7„... , ,„,,,.„il.t.: ...,4.,, , ' ......„....„.................. ....' r3 :s.,,, 4* At r / itiff vii/ i ,._....__. ,,, ... , ,,,,,. z , ir ...., , i , ,, , ,a. , , ,, , ,s„. ilk . 'kw :, 4. /41;k*, ` ' ' / I 1 : ,Alt44: 4., , s_. 414' '-,/i . .1: gel i1,. A It i` f s a ,i , , . .- / 'yF 1 •t r fe � It i .. -.. � � � i � fn / i` ! .• ,.. \ � . .1'- , > ��f � . ,. ' 4ifetto, .4 :11414111141144441k ‘ / • , . \ ''. '45,) ',W. 4. ' ' .: ye,', . , ' -,plilt2la)P'-•••wir o *.km /*, 4441144%` . i v 4- 7 . •y ,, 4 p .,., - - . 6.40 r........444:4404444% _ / .� s � i If 71 /a • - ,R •` .1 ,* r , ' ,L ,w . ��:t LOCATION MAP 4 ' Legend Ctii -r ' . �. ►.._ .. '�- EXCESS CITY PROPERTY 1465-19-2222 ,�► ,47 SMgy� ;`+ ,, - , , - � �� GPIN 1465-19-1197 kl 1465-19-1197 f f;. 0.--,,.. �. . ' I Feet City Properties — 4;�� 4 ► ; z ° 0 50 100 200 ,,, / Prepared by P.W./Eng/Eng. Supportrvices Bureau I• .6/20' . ADO -rolects\A- I ess\\ GEwvr+ nPS\City Property\1465-19-1197 Rev 9-6-23 Aenal.mxc � N ve, ao = I �1O w_��— E Y� FEamumn 41 I P 4,,, .Z' I. SI ,... � ,. k Rr�FRRo Y, di 41hiV* lit 41> RRR tir yAor o04:7 ,C70-oa 0, D F-1 O g c-:3 LOCATION MAP Legend Cy, 0,o� Q EXCESS CITY PROPERTY 1465-19-2222 '1Ncr O GPIN 1465-19-1197 1465-19-11970 /:::::7 C v Feet City Properties 0 50 100 200 1'reparedby P.W./Eng./Eng. Suppor4Services ureau 0 /1./2023 X:\C roiects ARC I esVKaltA MAPS\City Property\1465-19-1197 Rev 9-6-23.mxc 111 i, f ity.: a F 114',T4t161.44:,!4‘iiiiiiii*iiiiiiiii4').ii4 .k $ ca r ',;aY, s; �•,,.,.,,�,,,,<.,:,x<:^,»K.:.n.,y,111.111111111111.11111111111111111111111,1ihRott[4!iorm:I: ^,' ^.n t vi' ".� ,�1� �siiii,44,....HRMiu.t.INNWO1011410tilalA"!;, ' t.:..•t`d'.., •,'o....Nil .. ,..,: .. «:,^::.. . .................... ... ,..,., - E•, r 6..,.5^•f*'`� "�`.Y..�u i .7 x pighi >rM�r 3' "�,° a 3�:'t3r""' u A 4 tit£a'•' ''a S� h t k. ,,�+ '�'. 4x".,i 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 Heirs of Applicant Name Diane Mosley,Gail Lawrence, Glinder Mosley, Wilbert Mosley, Bernadette Ponder, Dennis *Donnelle Mosley, Lamont Mosley,Tyronne Mosley&Jewell Mosley Mosley Does the applicant have a representative? it ❑ No • If yes, list the name of the representative. Morris H. Fine, attorney and Michael Hipps,Attorney Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? —El Yes I No • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11,09.2020 Wage ,�..r., x�,a,,,,xe«:a s,�.,.�..,,,...,,..r,x,,,,...;,,,u�a,;r t,b^x:..•s».r�,,,.,..,»;,. a,,ax,;:v .a. ;, �:s,r,v a,t sS;• ;, .nc..c ns..,. ,,' .. 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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? ❑ Yes No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IN No - • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? —ElYes ® NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ElYes ® NO • If yes,identify the-purchaser and purchaser's service providers. 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Y`t �.,. ..! n......�..•,....£.x!%`a,o_.l::,n..t...�...........c..i'..._,....^:D '• :.,.,...i.lttP��'% 5 .,.$^.»b .SS .^,ii,;:�,,;;x�,.. Lx«;,ai•.•;:3,a•,3,.s.a.,,. .,.x. .«,....,. .,........, n.•,...., ..�..b 'a .,.,..: � .;. (tC�.�.:�,+,.,x .,.y)or„s.�7',,..°„ •, ,�, ., •k,,.c.:,;:.a;r. ar�bl�b s ssn:�z,�»�.°;� s,„>;s ... St' `°}' E :4F•%':r�.ie: �>�•� i.�� •�t.,, �.. ;� �`}� �-ram, , k d ,n+a»,.7�, 3" %iS"♦'u4t,1L�' Oat r�R '�';`: d, ,� > `9 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. MSA, P.C. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Morris H. Fine and Michael Hipps,counsel in connection with partition suit and variance application 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. i/3- 1 i' r Applicant Signature Print Name and Title Morris H. Fine and Michael Hipps Acting as Special Commissioners on behalf of Applicants/Owners duly appointed by Court Date Is the applicant also the owner of the subject property? in 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 No changes as of Date Signature Print Name - Revised 11,09,20>0 3 I P a g e Disclosure Statement spa � ii 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes aJ1Vo • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes O'la0 • If yes,identify the firm and individual providing the service, MSA, P.C. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ago • If yes,identify the firm and individual providing the service. Morris H.Fine and Michael Hipps 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. a./ t9. (W AMCf------ Applican Signature Gail Lawrence Print Name and Title Date Is the applicant also the owner of the subject property? Ei'lfes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name ) ; 3I P a i e L f �ws �°b dRc' E ae wxx�' ¢ ib ,1 .3 s 'k �n � Mfi lltlillg & 1.iV14At 1Au41iS Y _m om IOSte1oppment T tYP t ,,✓J'y` w T P 9 a � M ��me e .� 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. MSA, P.C. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes 0 No • If yes,identify the firm and individual providing the service. Morris H. Fine and Michael Hipps 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. ws l 1CA K rnH � I� � 2 , 04 41 w( Tt,pth 1 acnt O e Vt41 MS r rOS 'C4t t'w%n:Uio.,- (1)Ancitc- mic Low,- ww►sy� Teem- rti*4►ry :.a rCm M�Y7y Applicant Signature ✓ Michael Hipps, POA for Dennis Mosley&Wilbert Mosley and as Special Commissioner for Donnelle Mosley, Lamont Mosley,Tyronne Print Name and Title Mosley and JeweirMosley Sff to Date Is the applicant also the owner of the subject property? ❑ Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name 3I Disclosure Statement t GYty oJ;ynpi►i�•Ite�aoh f. - SPlanmg,Sc.Gommu n nityt 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 Heirs of Applicant Name Diane Mosley,Gail Lawrence,Glinder Mosley,Wilbert Mosley, Bernadette Ponder, Dennis *Donnelle Mosley,Lamont Mosley,Tyronne Mosley&Jewell Mosley Mosley Does the applicant have a representative? ® Yes 0 No • If yes,list the name of the representative. Morris H. Fine,attorney and Michael Hipps,Attorney Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes I No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11_092020 Wage • - 'Dis�clos�u re� Statement PlanninV g'_&� ommunrt L -., �. _Development{` __ Jai 4' ter.- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-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? ❑ Yes ! No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes NI No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes U No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® 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.:1 No • If yes,identify the purchaser and purchaser's service providers. Revised 1109.20 0 21 page Disciosu�re State .`eat C of Vir malts ►t Planning,&co n y • DetTelQpmPnt: - v�1 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IN No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? I Yes ❑ No • If yes,identify the firm and individual providing the service. MSA,P.C. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Mil Yes ❑ No • If yes,identify the firm and individual providing the service. Morris H.Fine and Michael Hipps,counsel in connection with partition suit and variance application Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title Morris H.Fine and Michael Hipps Acting as Special Commissioners on behalf of Applicants/Owners duly appointed by Court 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. R7 OCI'TYrUSE ONL Yf'All1disclos ure;s,mu_st tie updated.two{2y weeks:p"rior;to;any,-Planni'ngCommission:and City,Council meet ing•1 i_that:pertainsito•the`applications' No changes as of Date Signature Print Name Revised!11.09.2020 Wage Disclosure Statement _ Pla�nnmg,&'Cornrnunity �y s euelonnent Owner Disclosure 3ti14 Diane Mosley, Gail Lawrence, Bernadette Ponder, Donnelle Mosley, Lamont Mosley Owner Name Tyrone Mosley,Jewell Mosley,Wilbert Mosley and Dennis Mosley Applicant Name Same as Owners Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity.'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 have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? 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. Revised 1.1..09.2020 5I Page ',Disclosure Statement Gary of V1iym u& h, :Planning;&'Commun'arty Owner Services Disclosure 1. Does the Owner 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? ❑ Yes CI No • If yes,identify the financia institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes © No • If yes,identify the company and individual providing the service. 3. Does the 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 ® 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? ❑ Yes in No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 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 ® No • If yes,identify the firm and individual providing the service. Revised.I1.0°.2020 6 I P a g e Disclosure Statement11/3 B Planning & community Development 8. Is the Owner receiving legal se ces in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing legal the servi/ce/. rn11is /� 4/1� , if/G4,e ,44,, 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. At44 Owner Signature tOr c /) Iaj /'y Print Name and Title /- // - .20) 3 Date • Revised 11 09.2020 7 I P a g e -- .- •,:.a t�_ ,Ir-,;:,��,_r. 7 ��---r —,,:----a --"— -, u::� ; S`•7`,�:.K 9 Cam•.: (�-; t;••.• r^`r .� r`. .i -:-i ;`i ,'I t� ff `r' :`�...L[•- }, �'i:!; c..t.l.Svc•,f .�� SC , c. r r�f r�;'. .7., •-,`i,i% r ( 1.. ,_,r,ti�.:, .%'. -tj ;.a ^I' :t,'it L. •e)! ,ti :. �i�: �,d'•,:. �'�i�•'; . 1' '-.r'�,r,1�'•w.-. �1-,7'.rt�t1,�• i Y .r•�`:a -,+',: `Y. - :C•. 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Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • if yes,identify the firm and individual providing 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 bod or committee in connection with this application. w6ak:/. Owner Signa ure (4a,1 rvrl CI--' 1 -r1 •—D Print Name and Title Gail Lawrence Date Rev15ed11.09.2O2t) 71 Page ja :ITM4 :!-.3 - : Yp*i•Y ,. i��,.°..,.;y-.R.��''��'..aR,.- �! `�..�.".r T.r'�F7.,.J i....<'y��. e....5.-.._:.':.'•A,:.�a!'• .��f.•R',i�{ .��'•,fir: .:X�.;..$�,-:. . +, :.... .�:.�:.,.y�:rs: .�,-w -:• •l -.,. 1� . ��A.�^� �isG 4 0 w.^p �• ,fL'! l r T r n •.�`+,y '6.� : .�s� p,ti u�* Yi 1:,.;i .r .p:,r.te£., '_'„-' *i:- �' : y�4 ,,,, :.:. A' iL,.�., . ' ea 'v:''w" .�C:•µ1• , r s ..!� %At'st:=f i9 hte Owner receiving legal 2f1i4ces in °Aerated on the connection with the subject of the application or any business 4P,eng•arr m be • Praper3y� Y+� ❑No If Yes,identify the firm and individual Morris H.Fine&�khael Hipps Providing legal the service. 4vbn I Y that all of t underste upon Information contained in this Disclosure Statement Form is complete,true,and accurate. � n notification that the application has been scheduled-for.public hearing,I am Po��Q p,cspA,wig Boa updatinZ the Td; Pinvided herein two vrgeeks prior to the meeting of Planning Commission,CRY Councih V13° or arty publici body or aonunRbee in connection with this application., ".5-'6.—E-,- _ Owner Signature - &C.;1 lie--I 4-17 le i e".)e/' 1 le/f q e_One tYLTL_tie- ,_,C)._____.—c A f ir I e'f$ Print Name and Title / ig -a0-.Q.3 _ , Date I i i I i i 1 I 1 , i j i J ,r M = Y 4 PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the disposition and sale of easements on.City-owned property,at its formal session on Tuesday,October 3,2023, at 6:00 p.m.,in the Council Chamber of City Hall,2401 Courthouse Drive,Bldg.1,at the Virginia Beach Municipal Center.The purpose of this hearing will be to obtain public input to determine whether the following properly interests should be declared excess of the City's needs and sold to Virginia Electric and.Power Company (d/b/a Dominion Energy Virginia) for development of the Coastal Virginia Offshore Wind Project " Exclusive easements for the Installation,operation and maintenance of overhead and underground transmission cables and related infrastructure on portions of the following parcels: GPINS:. 2416-98-7653 2416-67-8078 2405-51-8502 2404-39-1492 1494-99..7202 1494-88-2889 1494-69-9058(1952 Maple Shade Drive) 1494 68-2973 1494-59-9001(2728 Holland Road) 1494-59-6008 1494-59-0172 1494-49-6180(3017 Damascus Trail) 1494-49-7063 1494-48-7861 1494-48-2858 1494-38-5862(2052 Aloma Drive) 1494-28-0615(2061 Chicory Street) 1494-27-2021(formerly 1494-17-0763) 1484-97-5796(2020 Landstown Centre Way) 1484-86-9245(2068 Landstown Centre Way) 1484-76-2033(4001 Dam Neck Road) 1484-55-0572(formerly 1484-45-8720) 1484-35-3250(4153 Dam Neck Road) 1484-01-1944 1474-70-1578 If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing Impaired, call 711 (Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Dept of Public Works/Real Estate Division,2473 N. Landing Road, Bldg. 23,Virginia Beach, Virginia 23456, (757)385-4161,(pwrealestatetybgov.com)• Also see:Dominion Energy I CVOW I About I Delivering Wind Power(coestalvawind.com) 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 https://vbgov.webex.com/weblink/register/r4ae45c 57f091xtf65d5c6cad1141b72b2 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on October 3,2023. All Interested parties are Invited to participate. Amanda Barnes,MMC City Clerk BEACON:September 24,2023 rd` , u ka8,)�i rJ 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Easements in Excess of the City's Needs and 2) Authorizing the Sale of the Easements to Dominion Energy Virginia for an Electric Transmission Corridor for the Coastal Virginia Offshore Wind Project PUBLIC HEARING DATE: October 3, 2023 MEETING DATE: October 17, 2023 • Background: Virginia Electric and Power Company, a Virginia public service corporation, d/b/a Dominion Energy Virginia ("Dominion") is an electric utility company that is constructing the Coastal Virginia Offshore Wind ("CVOW') project to diversify its energy supply and advance the clean energy goals of the Commonwealth of Virginia. CVOW is Dominion's offshore wind project that has received approval from the federal Bureau of Ocean Energy Management and the Virginia State Corporation Commission to develop a 176-turbine wind farm approximately 27 miles off the coast of the City of Virginia Beach (the "City"), as part of state and federal clean energy initiatives. For the operation of CVOW, Dominion is seeking to run electric transmission cables approximately 13 miles from its cable landing location at the State Military Reservation, located just south of Croatan Beach, to Dominion's existing Fentress substation in Chesapeake. More specifically, Dominion proposes to run underground cables from the landing location through property operated by the Virginia Aquarium, and overhead cables from Harpers Road through City-owned property and public rights-of-way for approximately 9 miles to the border of Chesapeake (the "Proposed Easement Corridor"), much of which follows the alignment of the former Southeastern Parkway and Greenbelt ("SEPG") as shown in the City's Master Transportation Plan. Accordingly, Dominion is requesting easements (collectively, the "Easements") across 25 City-owned parcels for the construction, maintenance, and operation of underground and overhead cables and related facilities within the Proposed Easement Corridor. For the overhead portion of the Proposed Easement Corridor, Dominion is also offering the City a tree mitigation fee to clear trees before constructing the overhead cables and related facilities. The City would retain the right to maintain its existing public facilities, infrastructure, and uses that are located within the Proposed Easement Corridor, and would establish a system to efficiently obtain Dominion's consent to locate future facilities, infrastructure, and uses within the Proposed Easement Corridor that do not interfere with Dominion's facilities. The public's access to and existing use of the Aquarium, public parks, and other public areas would not be affected once construction of the CVOW project is complete. The City would also retain ownership of at least 150 feet of the 300-foot wide former SEPG corridor for future uses if desired. The location of the proposed Easements is shown on the aerial images attached to the Ordinance as Exhibit A. The terms and conditions for the sale of the Easements are set forth in the Summary of Terms, attached to the Ordinance as Exhibit B. • Considerations: The Easements would enable Dominion to run electric transmission cables from its CVOW project area to its substation at Fentress in Chesapeake, ultimately enhancing federal and state clean energy initiatives. A separate easement will be obtained from the City of Virginia Beach Development Authority (the "VBDA") for a portion of the Proposed Easement Corridor that runs through VBDA-owned land. • Public Information: A public briefing was given to City Council on September 19, 2023. As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on September 24, 2023, and will be held on October 3, 2023. Public information will also be provided through the normal City Council agenda process. Dominion has also undertaken a public information strategy since at least 2021. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Exhibit A (Aerials of Proposed Easement Corridor), Exhibit B (Summary of Terms), Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency:,(� Public Works/Real Estate City Manager: iif 1J 1 AN ORDINANCE 1) DECLARING EASEMENTS IN 2 EXCESS OF THE CITY'S NEEDS AND 2) 3 AUTHORIZING THE SALE OF THE EASEMENTS 4 TO DOMINION ENERGY VIRGINIA FOR AN 5 ELECTRIC TRANSMISSION CORRIDOR FOR THE 6 COASTAL VIRGINIA OFFSHORE WIND PROJECT 7 8 WHEREAS, Virginia Electric and Power Company, a Virginia public service 9 corporation, d/b/a Dominion Energy Virginia ("Dominion") is an electric utility company 10 that is constructing the Coastal Virginia Offshore Wind ("CVOW') project to diversify its 11 energy supply and advance the clean energy goals of the Commonwealth of Virginia; 12 13 WHEREAS, the CVOW project includes developing a 176-turbine wind farm 14 approximately 27 miles off the coast of the City of Virginia Beach (the "City") and 15 running electric transmission cables approximately 13 miles from its landing location 16 south of Croatan Beach to the Fentress substation in Chesapeake; 17 18 WHEREAS, Dominion proposes to run underground cables from the landing 19 location through property operated by the Virginia Aquarium, and overhead cables from 20 Harpers Road through City-owned property and public rights-of-way for approximately 9 21 miles to the border of Chesapeake (the "Proposed Easement Corridor"), most of which 22 follows the alignment of the former Southeastern Parkway and Greenbelt; 23 24 WHEREAS, Dominion has requested easements (collectively, the 25 "Easements") across 25 City-owned parcels for the construction, maintenance, and 26 operation of underground and overhead cables and related facilities within the Proposed 27 Easement Corridor; 28 29 WHEREAS, the City would retain the right to maintain its existing public 30 facilities, infrastructure and uses located within the Proposed Easement Corridor and 31 the public's access to and use of public areas would not be affected once construction 32 of the CVOW project is complete; 33 34 WHEREAS, the location of the proposed Easements is shown on the aerial 35 images attached hereto as Exhibit A, and the terms and conditions of the sale of the 36 Easements are set forth on the Summary of Terms, attached hereto as Exhibit B; and 37 38 WHEREAS, the Easements would enable Dominion to construct its CVOW 39 project, which would benefit the City and its citizens by enhancing federal and state 40 clean energy initiatives. 41 42 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 43 Beach, Virginia: - 44 45 1. That the Easements contemplated herein are hereby declared to be in 46 excess of the needs of the City of Virginia Beach. 47 2. That the City Manager, or his designee, is hereby authorized to execute 48 any and all documents necessary to convey the Easements to Dominion, so long as the 49 documents are substantially in accordance with the terms set forth on the Summary of 50 Terms, attached hereto as Exhibit B, and incorporated herein, and such other terms, 51 conditions or modifications as may be acceptable to the City Manager and in a form 52 deemed satisfactory by the City Attorney. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 55 of , 2023. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: f.g ,;✓', /I b �� '''• e P� lic Works / al Estate CA16 43 \\vbgov.com\dfs 1\applications\. • aw\cycom32\wpdocs\d014\p047\00912773.doc R-1 September 22, 2023 �t.._ EXHIBIT A-4 c G 0'O n O . O - . 11 t _ 1iy t. • �►' yeti' ,0r N ' 144 - e r }. y. _,•�„ e ,•_sty; • CI. lit 4 A, A.., _miti.;., pi F � r ` !3 � A ,;w,4. - / "1' -4 lkor...., _ 1 ;4 ( - . rr • ' ,pe/ `. . q _ ..�' „ . _ .A ille Cl c•. -13 :ii w o k .4 �o � 'I'll"' " '' s. IIIE '31 1J 1IIIIHIIi'k I- ‘..k.. 'N....4./ ' N; . ,, ,� � If I Page 1 of 7 EXHIBIT A r . - " yY : 4 . S,$ .,,c,. .6- rr%rlfL= "i'! -..040K 74.L`,F'.•T.1.4' AC h .M _{ Sk1 • 4 g' :h. i s 0 s. \ y M r, . ,...•. .,,,, •-/Z,4 0 ._ • ..,..„ O 70 . 9 . *...m \ i\V.. • •. . ,, -Pi- , e , . ....,.. . ., . . 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Page 6 of 7 EXHIBIT A , . - . t t , t 4 , ...... .. .,. At- .1 . , 4 / , ... . 0 , • . . t, . ... .: 1-6 Pr -?,6 0 S Ot '9 '')'' 06 . , . . '...... t . -. . ,te • . IL, ' , , . . 3.: • \IVI 44-*„ii;istit, , 11 , ,-,' a.m.... ammi - _„.• , • , MN -i'' =-4 im d 1111 .. -- ricA q AN( _ - • 0 r I I (-)1. )z) (-) c-, P u.) . . . _ ...." Page 7 of 7 EXHIBIT B SUMMARY OF TERMS GRANTOR: City of Virginia Beach ("City") GRANTEE: Virginia Electric and Power Company, a Virginia public service corporation, d/b/a Dominion Energy Virginia ("Dominion") APPROXIMATE LOCATION OF PROPOSED EASEMENTS: Portions of GPIN: 2416-98-7653 (717 General Booth Blvd.) GPIN: 2416-67-8078 GPIN: 1474-70-1578 GPIN: 1484-01-1944 GPIN: 1484-35-3250 (4153 Dam Neck Rd.) GPIN: 1484-55-0572 GPIN: 1484-76-2033 (4001 Dam Neck Rd.) GPIN: 1484-86-9245 (2068 Landstown Centre Way) GPIN: 1484-97-5796 (2020 Landstown Centre Way) GPIN: 1494-28-0615 (2061 Chicory St.) GPIN: 1494-38-5862 (2052 Aloma Dr.) GPIN: 1494-48-2858 GPIN: 1494-48-7861 GPIN: 1494-49-7063 GPIN: 1494-49-6180 (3017 Damascus Tr.) GPIN: 1494-59-0172 GPIN: 1494-59-6008 GPIN: 1494-59-9001 (2728 Holland Rd.) GPIN: 1494-68-2973 GPIN: 1494-69-9058 (1952 Maple Shade Dr.) GPIN: 1494-88-2889 GPIN: 1494-99-7202 GPIN: 2404-39-1492 GPIN: 2405-51-8502 For a total acreage of: 63.190 +/- acres The locations and width of the proposed easements will be substantially in conformance with the depiction shown on the aerial images in Exhibit A. Final location and description of the proposed easements will be on plats recorded with the easement documents. PURPOSE: Permanent, exclusive easements for the installation, maintenance, and operation of underground or overhead conduit and electric transmission cable infrastructure (the "Facilities"). CONSIDERATION: Dominion to pay the City: (i) $18,953,059.00 for the proposed easements; and (ii) $1,142,237.25 for a tree mitigation fee to clear trees within easement corridor. CONDITIONS: • The City will convey the easements AS IS, WHERE IS, and will not warrant the condition of the property as to suitability for Dominion's purpose. • Dominion will construct the Facilities underground through parcels identified as GPINS: 2416-98-7653 (717 General Booth Blvd.) and GPIN: 2416-67-8078, and do not intend to clear trees from these parcels. Dominion will construct the Facilities overhead through the remaining parcels. • • The City will convey the easement through the parcel identified as GPIN: 1484-35-3250 (4153 Dam Neck Rd.) for hazard tree rights only and not for the construction of any Facilities. • If settlement has not occurred on or before November 1, 2028, the City has the right to terminate the transaction. • The City will reserve the right to continue, repair, maintain, replace, reconstruct, or upgrade its existing uses, facilities, utilities, and infrastructure within the proposed easements, including unhindered access by the City and the public to parcels identified as GPIN: 2416- 98-7653 (717 General Booth Blvd.), GPIN: 2416-67-8078, and GPIN: 1494-49-6180 (3017 Damascus Tr.). • The easement agreements will include an agreed process to more efficiently obtain Dominion's consent to the City's proposed future uses and future construction of facilities, utilities, and other infrastructure within the easements. • Dominion shall maintain insurance coverage, through its self-insurance program, or another acceptable insurer naming the City as additional insured, and provide proof thereof upon- request. • Dominion shall indemnify and hold the City harmless from and against all claims, damages, losses, and expenses arising out of Dominion's installation, operation, and maintenance of the Facilities. Disclosure Staternen yam fr • rallnifig community The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Virginia Electric and Power Company-(dba-Dominion Energy Virginia) Does the applicant have a representative? ❑Yes ff No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Ii1 Yes ❑ No • If yes,list the names of ail officers,directors,members,trustees;etc.below. (Attach a list if necessary) See attached list. • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) N/A 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities.Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Page Disclosure,Statement rV _A ,, - Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or anyproposed P p development contingent on the subject public action?❑ Yes 1;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-coliateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes lilNo • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? El Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated an the property?0 Yes l No • if yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes R No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes E No • If yes,identify the purchaser and purchaser's service providers. { E i� 1 21 page Disclosure Statement CitreWrsiierlkach Planning� 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes INC No • If yes,Identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes I 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. �r Y \ Applicant Signature Fallon Madrid,Manager-ET Contracts and Real Estate(Authorized Representative) Print Name and Title 9/13/2023 Date Is the applicant also the owner of the subject property? 0 Yes it NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No charge&as of Date Signature Print Name Revised 11.09 2020 3 Fag _ _ Virginia Electric and Power Company Directors Officers Name Title Baine, Edward H. Director Blue, Robert M. Director Leopold, Diane . Director Blue, Robert M. Chief Executive Officer Baine, Edward H. President Carr, Eric S. President- Nuclear Operations and Chief Nuclear Officer Reid, Carter M. Executive Vice President, Chief of Staff and Corporate Secretary Arnett, Corynne S. Senior Vice President- Regulatory Affairs and Customer Experience Brown, Caries M. Senior Vice President, Chief Legal Officer and General Counsel Cardiff, Michele L. Senior Vice President, Controller and Chief Accounting Officer Green,Cedric F. Senior Vice President-Generation Lawrence, Douglas C. Senior Vice President- Nuclear Operations& Fleet Performance Locke, Robert H. Senior Vice President-Electric Distribution Mitchell, Mark D. Senior Vice President- Project Construction Murray, William L. Senior Vice President- Corporate Affairs & Communications Ridge, Steven D. Senior Vice President and Chief Financial Officer Windle, W. Keith Senior Vice President-Administrative Services 1tid111m 1 MU Woomer, Joseph A. Senior Vice President- Electric Transmission Wooten, Steve C. Senior Vice President- Information Technology Arruda,Thomas Vice President and Chief Information Officer Avram, Emil G. Vice President- Business Development Bassey, Utibe O. Vice President- Customer Experience Bennett, Joshua J. Vice President Offshore Wind Bradshaw,Alan W. Vice President- Strategic Partnerships Chester, Elizabeth °Betsy" L. Vice President Regulatory Affairs Duman, L. Wayne Vice President- Financial Planning &Analysis Gardner, R. Matthew Vice President- Planning and Operations Holloway,James Vice President- Nuclear Engineering & Fleet Support Johnson, Darius A. Vice President and Treasurer Jones,Ann M. Vice President- Operations Support Kinslow, Karen M. Vice President- Distribution Operations Lee,Adam S. Vice President and Chief Security Officer Miscikowski, Jeffrey G. Vice President- Project Construction Neal, James L. Vice President- Financial Management Parker, Mary"Molly"A. Vice President Environmental &Sustainability Purohit, Prabir Vice President- Strategy Sauer, Robert W. Vice President- System Operations 11141 I1tt IRIC Scott, Kelly S. Vice President-Technical Services Showalter,Alma W. Vice President Tax Stites, Brandon E. Vice President Engineering &Construction Tomabene,Amanda "Mandy" B. Vice President-Governance and Assistant Corporate p e Secretary Wellener, Wendy T. Vice President- Shared Services Wright, Jr. Robert"Robbie" S. Vice President- Grid & Technical Solutions Hilbert, Lisa Site Vice President- North Anna Power Station Wilson, David H. Site Vice President-Surry Power Station Conway, Kelly K. Controller Adkins, Lauren V. Assistant Treasurer Doggett, Karen W. Assistant Corporate Secretary Evans, Jonathan T. Assistant Treasurer Kurz, William J. Assistant Controller Nawrocki,Alison M. Assistant Controller Adams, W. Matt Authorized Representative Adkins, Lauren V. Authorized Representative Adkins, Lauren V. Authorized Representative* Allen, Mark Authorized Representative Allen, Mark Authorized Representative* Allen, Mark Authorized Representative'" IIIIC Allen, Mark Authorized Representative*** Alonzo, Todd M. Authorized Representative P e Anderson,Trisha L. Authorized Representative Applewhite, Hunter Authorized Representative p esentattve Avram, Emil G. Authorized Representative Bailey, James ("Ronnie") R. Authorized Representative P e Barrett, William "Willie" Authorized Representative Bauhan,Audrey T. Authorized Representative pr e Beckett, Scott J. Authorized Representative* Beckett, Scott J. Authorized Representative Boschen,Amelia H. Authorized Representative P e Brennan, Michael C. Authorized Representative Carro, Daniel F. Authorized Representative Carroll, Sr. Bradley R. Authorized Representative P e Cooley, Keela Authorized Representative Cornwell, D. Michael Authorized Representative Cosby, Kelly Authorized Representative Crenshaw, Gregg Authorized Representative Davis, James G. Authorized Representative P e Eakle, Joshua D. Authorized Representative p ve I IIIV Effinger, Thomas Authorized Representative Egunjobi, Chanel B. Authorized Representative Ericson, Jason P. Authorized Representative Evans, Jonathan T. Authorized Representative Faherty, Timothy R. Authorized Representative Fields, Kevin L. Authorized Representative Flowers,Todd Authorized Representative Frost, Nathan J. Authorized Representative* Frost, Nathan J. Authorized Representative Gardner=Kittreli,Angelita D. Authorized Representative* Gardner Kittreli,Angelita D. Authorized Representative Garrett, Robert J Authorized Representative Gayne, Elizabeth H. Authorized Representative Haislip, Karla J. Authorized Representative Hannah, Kyle D. Authorized Representative Hawkins, Jason R. Authorized Representative Haynes, Paul B. Authorized Representative Hester, Elizabeth H. Authorized Representative Hilbert, Lisa Authorized Representative Hinson, Dale E. Authorized Representative I�QIUC - ._ ___.____._. I I LIC Workman, Gregory A. Authorized Representative J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES /RESOLUTIONS 1. Resolution to.DIRECT the City Attorney to file a petition for a Writ of Special Election re fill vacancy for District 1 2. Resolution to DIRECT the City Attorney to file a petition for a Writ of Special Election re fill the vacancy in the Sheriff Office 3 Resolution to ESTABLISH partnership between Indigenous Tribes and the City (Requested by Vice Mayor Wilson and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman, and Taylor) 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a short-term Lease Agreement with Lumos Telephone,LLC,re four(4)strands of dark fiber in the City's Communications Network 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for up to five(5)years at Virginia Beach Farmers Market, Suite 815 re Beach N Seafood,LLC • b. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for up to five (5) years at Virginia Beach Farmers Market, Building 7, spaces 7 & 8 re Creekmore 's Place,LLC 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for up to five (5) years at Virginia Beach Farmers Market,Building 2, Space 11 re Kempsville Florist& Gift Shop,Inc. 8. Ordinance AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for up to five (5) years at Virginia Beach Farmers Market, (a) Building 1, space 10 and (b) the Guard House Building re Seasons Best Bakery, LLC 9. Resolution in SUPPORT of offering incentives to prospective offerors responding to the Naval Air Station Oceans Request for Proposals for Competitive Out Grant 10. Ordinance to AUTHORIZE and CONVERT a part-time position to a full-time position in the Opioid Abatement Program within the Department of Human Services 11. Ordinance to ACCEPT and APPROPRIATE $9,886,400 from the National Fish and Wildlife Foundation to the FY 2023-24 Department of Public Works Operating Budget,and TRANSFER as Pay-Go Funding to Capital Project #100551, "Stormwater Green Infrastructure," re construction of marsh island terraces in Back Bay 12. Ordinance to ACCEPT and APPROPRIATE $846,661 from the Federal Emergency Management Agency (FEMA) to the FY 2023-24 Fire Department Operating Budget re • continued operations of the Virginia Task,Force 2 (VA-TF2) Urban Search and Rescue Team 13. Ordinance to ACCEPT and APPROPRIATE $456,860 from Eastern Virginia Medical School to the FY 2023-24 Parks and Recreation Operating Budget re support the Out of School Time program 14. Ordinance to ACCEPT and APPROPRIATE $275,000 from the Virginia Marine Resources Commission to the FY 2023-24 Department of Public Works Operating Budget re the removal, and disposal of eighteen (18) abandon and derelict vessels (ADVs) and AUTHORIZE subrecipient grant to the Vessel Disposal& Reuse Foundation 15. Ordinance to ACCEPT and APPROPRIATE $170,485.05 and an additional $4,409.70 from the Federal Emergency Management Agency (FEMA) to the FY 2023-24 Fire Department Operating Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2) re flooding in Vermont 16. Ordinance to ACCEPT and APPROPRIATE $35,412.83 and an additional $1,062.38 from the Federal Emergency Management Agency (FEMA) to the FY 2023-24 Fire Depaitment Operating Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2) re Hawaii Wildfires 17. Ordinance to ACCEPT and APPROPRIATE $27,500 from the Governor's Agriculture and Forestry Industries Development Fund Infrastructure Grant Program and AUTHORIZE $27,500 from the General Fund Reserve for Contingencies to the Virginia Beach Development Authority(VBDA)to provide the required local grant match re the installation of a new freezer and additional irrigation equipment at Cullipher Farm 18. Ordinance to ACCEPT and APPROPRIATE $10,174 from the Virginia Beach Library Foundation to the FY 2023-24 Public Library Operating Budget re purchase Wads for the children's spaces at various library branches 19. Ordinance to ACCEPT and APPROPRIATE $9,595 from the Virginia State Police to the FY 2023-24 Police Department Operating Budget re reimbursement of equipment purchased to investigate or prevent auto theft as part of the Help Eliminate Auto Theft(HEAT)program 20. Ordinance to APPROPRIATE $43,231.90 from the sale of equipment to the FY 2023-24 Fire Department Operating Budget for the Virginia Task Force 2 Team re purchase new vehicles 21. Ordinance to APPROPRIATE $5,000 from fee revenue to the FY 2023-24 Commonwealth Attorney Operating Budget re purchase supplies and support the operation of drug treatment court l may, 1 i ... CITY OF VIRGINIA BEACH AGENDA ITEM i ITEMS: (1) A Resolution to Direct the City Attorney to File a Petition for a Writ of Special Election for the Office of Councilmember, District 1 (2) A Resolution to Direct the City Attorney to File a Petition for a Writ of Special Election for the Office of Sheriff MEETING DATE: October 3, 2023 • Background: Sheriff Stolle has resigned effective September 29th. By operation of law, the highest-ranking deputy takes over the office until a special election has been held and the person so elected has qualified. Because of dual-officeholding restrictions, Councilmember Holcomb has resigned to become the Sheriff, which creates a vacancy in the Office of Councilmember, District 1 . Virginia law requires a local governing body to promptly petition the circuit court to order a special election to fill a vacancy within 15 days of the occurrence of the vacancy for a member of the City Council or for a constitutional officer. After discussion at the City Councils Informal Session on September 19th, the City Council provided direction to the staff in the manner of addressing the two vacancies. For the District 1 position, the City Council desires a special election to be held on January 9, 2024. This was the date the Local Electoral Board indicated it could support. Because an interim appointment would hold office for a short period of time, the City Council does not desire to make an interim appointment for the District 1 vacancy. The City Council would like the special election to fill the unexpired term of the Sheriff to be held at the same date as the November 2024 general election. • Considerations: Upon adoption of the resolutions requesting a court to order each of the two special elections, the City Attorney's Office will file the petitions with the court. By statute, the court issues the writ to set the special elections. For the January 9 special election, the Voter Registrar indicated the estimated cost to be $185,425. • Public Information: Normal Council agenda process. • Attachments: Resolutions (2); Resignation Letter, dated August 31, 2023 Recommended Action: Approval Submitting Department/Agency: City Attorney City Manager:ft 1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO 2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION 3 FOR THE OFFICE OF COUNCILMEMBER, DISTRICT 1 4 5 WHEREAS, Councilmember Holcomb has resigned his office effective 6 September 29, 2023, and this created a vacancy in District 1; 7 8 WHEREAS, Virginia law requires a local governing body to promptly petition the 19 circuit court to order a special election to fill a vacancy; 11 WHEREAS, after receipt of input from the Local Electoral Board, the City Council 12 is of the opinion that the voters of District 1 should fill the District 1 vacancy; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That the City Council directs the City Attorney to file a Petition for a Writ of 18 Special Election in the Circuit Court for the purpose of filling the remaining term of the 19 Office of Councilmember, District 1, such term ending December 31, 2024, and 20 requests such special election to be held on January 9, 2024. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2023. APP AS TO LEGAL SUFFICIENCY: rney's Office CA16319 R-1 September 19, 2023 -tit- i.-‘01P'":-- 15.ft, j1 . Ei of 'Virgir1ia B cash. i .:�iGY .. IV 2 ¢s 5p. 0� QUR NP.n0N VilgOV.OM N.D.'ROCKY'HOLCOMB CELL PHONE:(757)416-2343 COUNCIL MEMBER RHOLCQMB;ThVQGOV.COM DISTRICT 1 August 31, 2023 Mayor, City Council Members and City Council Appointees Dear Colleagues, As you already know, I'Il be leaving the Virginia Beach City Council District 1 later this month; my last day will be Friday, Sept. 29,2023. I will take the oath of office for Sheriff on the same day at 2 p.m. I will continue to represent the citizens of District 1 up until my swearing in as Sheriff. It is my intention to resign my Council seat just before I'm sworn in as the city's next Sheriff. Until that time,I plan to attend all meetings and fulfill my commitment to this Council and the citizens of Virginia Beach. While I'm excited about my new opportunity,there's also a big part of me that is sad to say goodbye to amazing colleagues and city staff. Our staff, led by City Manager Duhaney, is unbelievable. They have a"can-do" attitude. I can't tell you how much I've enjoyed our time working together,and how much I value the friendships you've shown me during my time on Council. Although this is the end of my time as a City Council Member it is not the end of our friendships. I'm just down the street, and you have my number—so don't hesitate to reach out, and I'll be sure to do the same! It's been great working together, and I definitely look forward to us working together in the future! ,M,Ad Rocky Holcomb Council Member Virginia Beach District 1 2401 COURTHOUSE DRIVE,SUITEp281,VIRGINIA BEACH,VIRGINIA 23456 1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO 2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION 3 TO FILL THE VACANCY IN THE SHERIFF'S OFFICE 4 5 WHEREAS, Kenneth Stolle, Sheriff, was elected for a term that ends December 6 31, 2025; 7 8 WHEREAS, Sheriff Stolle has resigned effective September 29, 2023; 9 10 WHEREAS, Code of Virginia § 24.2-228.1 requires the governing body to petition 11 the circuit court for a Writ of Special Election to fill the remaining portion of the term of 12 office for an elected constitutional office when there is more than twelve months 13 remaining in the term of office; and 14 15 WHEREAS, the next general election available to fill the vacancy in the Office of 16 the Sheriff is November 5, 2023. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the City Council directs the City Attorney to file a Petition for a Writ of 22 Special Election in the Circuit Court for the purpose of filling the vacancy in the office of 23 Sheriff for a term ending December 31, 2025, and requests such special election to be 24 held November 5, 2024. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: i y n 's Office CA16318 R-2 September 27, 2023 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Establish Partnerships between Indigenous Tribes and the City MEETING DATE: October 3, 2023 • Background: Historic records show that indigenous tribes were firmly established in Virginia Beach long before the English arrived at what is today First Landing State Park. Indigenous peoples inhabited two villages, Apasus and Chesepioc, near the Chesapeake Bay in an area now located in the City, and they became known as the Chesapian or Chesapeake Indians. Throughout the four centuries since the English first arrived at First Landing, indigenous people have contributed greatly to the vitality of the City of Virginia Beach, the Commonwealth of Virginia, and the nation, and they continue to do so. • Considerations: The City Council desires for the City to partner with indigenous tribes for the mutual benefit of tribal members and all residents of the City. Potential areas of partnership include cultural affairs, education, history, environmental and sustainability initiatives, grant funding, housing, and economic development. This resolution requests that the City Manager identify areas of potential partnership and enlist the support of City departments and offices in furtherance of this alliance, such as the departments or offices of Agriculture, Budget, Cultural Affairs, Communications/Community Engagement, Convention and Visitors Bureau, Economic Development, Emergency Management, Health, Housing, Human Resources, Human Services, Parks and Recreation, Public Libraries, Public Utilities/Works), Virginia Aquarium & Marine Science Center, and Volunteer Resources. The resolution also requests that the City Manager create a process with a goal of formally crafting a Land Acknowledgement for the City that recognizes the consequential role indigenous people have played in the history of Virginia Beach and the significant contribution indigenous people play in the Virginia Beach community today. • Public Information: Normal Council agenda process. • Attachments: Ordinance Requested by Vice Mayor Wilson and Councilmembers Berlucchi, Remick, Ross- Hammond, Rouse, Schulman and Taylor REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, REMICK, ROSS-HAMMOND, ROUSE, SCHULMAN AND TAYLOR 1 A RESOLUTION TO ESTABLISH PARTNERSHIPS 2 BETWEEN INDIGENOUS TRIBES AND THE CITY 3 4 WHEREAS, historic records show indigenous tribes were firmly established in 5 Virginia Beach long before the English arrived at what is today First Landing State Park; 6 7 WHEREAS, indigenous peoples inhabited two villages, Apasus and Chesepioc, 8 near the Chesapeake Bay in an area now located in the City of Virginia Beach; 9 10 WHEREAS, those indigenous peoples became known as the Chesapian or 11 Chesapeake Indians; 12 13 WHEREAS, over the four hundred plus years since the English first arrived at First 14 Landing, indigenous people have contributed greatly to the vitality of the City of Virginia 15 Beach, the Commonwealth of Virginia, and the nation, and continue to do so; 16 17 WHEREAS, the City Council desires for the City to partner with indigenous tribes 18 for the mutual benefit of tribal members and all residents of the City; and 19 20 WHEREAS, potential areas of partnership include cultural affairs, education, 21 history, environmental and sustainability initiatives, grant funding, housing, and economic 22 development; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH: 26 27 1. That the City Council desires to establish partnerships with indigenous 28 tribes including, but not limited to, the tribes recognized by the Commonwealth of Virginia. 29 30 2. That the City Council requests that the City Manager identify areas of 31 potential partnership and enlist the support of City departments and offices in furtherance 32 of this alliance, such as the departments or offices of Agriculture, Budget, Cultural Affairs, 33 Communications/Community Engagement, Convention and Visitors Bureau, Economic 34 Development, Emergency Management, Health, Housing, Human Resources, Human 35 Services, Parks and Recreation, Public Libraries, Public Utilities/Works), Virginia 36 Aquarium & Marine Science Center, and Volunteer Resources. 37 38 3. That the City Council requests that the City Manager create a process with 39 a goal of formally crafting a Land Acknowledgement for the City of Virginia Beach that 40 recognizes the consequential role indigenous people have played in the history of Virginia 41 Beach and the significant contribution indigenous people play in the Virginia Beach 42 community today. 43 44 Adopted by the City Council of the City of Virginia Beach, Virginia, this day 45 of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA16288 R-4 September 27, 2023 ;p4(nu Y.j' c .'i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Lease Agreement With Lumos Telephone, LLC for Four Strands of Dark Fiber Located in the City's Communications Network PUBLIC HEARING: September 19, 2023 MEETING DATE: October 3, 2023 • Background: The City of Virginia Beach ("City") owns a fiber optic network for the purpose of providing communications capabilities to City government facilities ("City Network"). Certain bundles of fiber optic cable installed as part of the City Network are excess because they are not currently needed to meet the City's communications needs ("Available Fiber"). Lumos Telephone, LLC ("Lumos") is a fiber optic network service provider that offers data, broadband, voice, and IP services in the mid-Atlantic region. The City's Information Technology Department received a request from Lumos to lease four strands of Available Fiber in the City Network to connect Lumos's network infrastructure in Chesapeake to Lumos's network infrastructure in Virginia Beach. • Considerations: The interest of the public, including the City's economic development goals, will be served by allowing Lumos to lease a portion of the Available Fiber, in accordance with the terms of a short-term lease agreement. The proposed lease is for a twelve (12) month term ("Initial Term")with the option for up to two (2) six (6) month renewals ("Renewal Term(s)"), upon mutual written consent of both parties. Under the terms of the proposed lease, Lumos will pay the City $687,072.00 for the Initial Term, and an additional $343,536.00 per Renewal Term, if applicable. Lumos will apply for all necessary permits and will pay all associated costs to connect to the City Network. The proposed use of the City's Available Fiber by Lumos will not interfere with the City's continued use of the City Network. • Public Information: A public hearing was advertised on September 10, 2023, as required by Virginia Code §15.2-1800, with public notice via the normal City Council agenda process. The public hearing will be held on September 19, 2023. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, and Disclosure Form Recommended Action: Approval Submitting Department/Agency: Information Technology City Manager: {+. 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A LEASE 3 AGREEMENT WITH LUMOS TELEPHONE, LLC 4 FOR FOUR STRANDS OF DARK FIBER 5 LOCATED IN THE CITY'S COMMUNICATIONS 6 NETWORK 7 8 WHEREAS, the City of Virginia Beach ("City") owns a fiber optic network for the 9 purpose of providing communications capabilities to City government facilities ("City 10 Network"); 11 12 WHEREAS, certain bundles of fiber optic cable installed as part of the City 13 Network are excess because they are not currently needed to meet the City's 14 communications needs ("Available Fiber"); 15 16 WHEREAS, Lumos Telephone, LLC ("Lumos") is a fiber optic network service 17 provider that offers data, broadband, voice, and IP services in the mid-Atlantic region; 18 19 WHEREAS, Lumos desires to expand its communications capabilities in 20 Hampton Roads; 21 22 WHEREAS, in the interest of efficiency, Lumos finds that it is prudent and 23 economical to lease fiber optic cable, specifically, four strands of dark fiber, from the 24 City rather than to construct additional facilities of its own; 25 26 WHEREAS, the City believes that the interest of the public, including the City's 27 economic development goals, will be served by allowing Lumos to execute a short-term 28 lease for four strands of dark fiber, in accordance with the terms of a lease agreement; 29 and 30 31 WHEREAS, the proposed use of the City's Available Fiber by Lumos would not 32 interfere with the City's use of the City Network. 33 34 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 That the City Manager is hereby authorized to execute a short-term lease 38 agreement between Lumos and the City, for a term of twelve months, with an option for 39 up to two additional six month extensions, upon mutual written agreement of the parties, 40 for four strands of dark fiber in the City Network, in accordance with the agreement and 41 such other terms, conditions and modifications as may be acceptable to the City 42 Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Information City Attorney's Office /e Technology CA16216 R-1 September 6, 2023 2 SUMMARY OF TERMS Dark Fiber Lease Agreement Between the City of Virginia Beach and Lumos Telephone, LLC LESSOR: City of Virginia Beach ("City") LESSEE: Lumos Telephone, LLC("Lumos") TERM: Twelve months("Initial Term")with the option to renew for up to two(2)six(6) month renewal terms("Renewal Terms)"), upon mutual written agreement of the parties. LEASE FEE: Lumos will pay the City$687,072 for the Initial Term;$343,536 per Renewal Term (if applicable). Lumos to pay a one-time splicing fee of$11,675.55. PROPOSED USE: Lumos will connect its network infrastructure in Chesapeake with its network infrastructure in Virginia Beach GRANT OF LEASE: Lease for exclusive use of 4 strands of dark fiber, lease for nonexclusive use of each interconnection point,and lease for exclusive use of interconnection fibers connecting the leased fibers and each interconnection point. OWNERSHIP: All components of network remain property of the City. Fiber is leased only as dark fiber. City not required to provide additional goods or services. NO EXCLUSIVITY: Nothing in lease limits City's right to use or lease to others permission to use any component of the City Network(other than specific fibers and interconnection points leased to Lumos). ACCESS TO CITY FACILITIES: City is not required to construct or install any facilities for Lumos. All work on City network(constructing, lashing and slicing) is to be performed by City. City has right to relocate City network. Lumos must obtain all require permits, approvals, consents and authorizations. Lumos required to construct any infrastructure required to connect to City network. TERMINATION: City can terminate for cause,with notice and cure period. City can also terminate for convenience,with written notice at least 60 days prior to termination date. LIABILITY: Lumos required to indemnify and hold City harmless. Neither party is liable to other party for indirect, consequential, special,incidental or punitive damages, or lost profits. INSURANCE: Lumos must provide City with certificates of insurance prior to commencing work. Required insurance includes Worker's Compensation,Commercial General Liability,Automotive Liability, and Professional Liability Insurance. Virginia Beach APPLICANT'S NAME_Lumos Telephone, LLC____ DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program 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. 4 • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must he updated two (2) weeks prior to any Page 1 of 5 Planning Commission and City Council meetina that pertains to the application(s). • APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE ▪ REVISIONS SUBMITTED DATE Virginia Beach ❑ Check here if the APPLICANT IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_ Lumos Telephone, LLC If an LLC, list all member's names: Gridiron Fiber License, LLC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Gridiron Fiber Corp., Gridiron Fiber License, LLC, Panther Parent, Inc, Panther Norway Holdings, LLC, North State Telecommunications, LLC, North State Telephone, LLC, North State Communications, LLC, North State Communications Long Distance, LLC, North State Communications Advanced Services, LLC, and Lumos Fiber of South Carolina, LLC See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_ If an LLC, list the member's Page 2 of 5 aft\Eqf Virginia Beach names: If a Corporation, list 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 Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ❑ Accounting and/or preparer of Deloitte- Tax Return your tax return preparation only ❑ ® Architect/ Landscape Architect / NA Land Planner Contract Purchaser (if other than Gridiron Fiber Corp. (Lumos ❑ the Applicant) - identify Telephone parent entity)© P ' purchaser consolidates purchasing - see and purchaser's service providers disclosures within Any other pending or proposed NA ❑ ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ 0 Construction Contractors Credle Concrete, FiveStar, Utilities One, Mas Tec ❑ X❑ Engineers / Surveyors/ Agents Bryler Financing (include current CAPEX is funded by both ❑ 0 mortgage holders and lenders internal operations and credit selected or being considered to agreement facilities that are provide financing for acquisition not incremental to this or construction of the property) agreement. ❑ Legal Services NA Real Estate Brokers / NA ❑ Q Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 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. D•2.4 vQ� Derek T Kelly 9/8/2023 APPLICANT'S SIGNATURE ((JJ PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 P` r� s CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Beach N Seafood, LLC for City-Owned Property Known as Suite 815 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: September 19, 2023 MEETING DATE: October 3, 2023 • Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Suite 815 at the Virginia Beach Farmers Market, which consists of approximately 720 sq. ft. of space (the "Premises") and received one submittal from Beach N Seafood, LLC, a Virginia limited liability company ("Beach N Seafood"). Beach N Seafood has been leasing the Premises since 2017 and desires to enter into a new lease with the City. The Premises will be utilized for the sale of various fresh seafood products with an emphasis on fresh locally caught fish, and for no other purpose. • Considerations: The initial term of the Lease would be for three (3) years, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. • Public Information: A public hearing was advertised on September 10, 2023 in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real e?2) City Manager: IN) 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH BEACH N SEAFOOD, LLC FOR CITY- 4 OWNED PROPERTY KNOWN AS SUITE 815 IN 5 THE VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 8 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 9 Virginia (the "Farmers Market"); 10 11 WHEREAS, the City issued a Request for Proposals for Suite 815 at the Virginia 12 Beach Farmers Market, which consists of approximately 720 sq. ft. of space (the 13 "Premises") and received one submittal from Beach N Seafood, LLC, a Virginia limited 14 liability company ("Beach N Seafood"); 15 16 WHEREAS, Beach N Seafood has leased the Premises since 2017 and desires 17 to enter into a new lease with the City; 18 19 WHEREAS, the Premises will be utilized for the sale of various fresh seafood 20 products with an emphasis on fresh locally caught fish, and for no other purpose; and 21 22 WHEREAS, Beach N Seafood has agreed to pay the City rent in the amount of 23 $3,828.00 annually ($319.00 per month) for the first year of the term, with a five percent 24 (5%) annual rent escalation for each year thereafter. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for up to 5 years 30 between Beach N Seafood, LLC and the City for the Premises, in accordance with the 31 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 32 other terms, conditions or modifications as may be acceptable to the City Manager and 33 in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 36 , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM 2- // f) rh y Att ey Work / Real Estate CA16045 \\vbgov.com\dfs 1\applications\city)aw\cycom 32\wpdocs\d030\p039\00849156.doc R-1 September 7, 2023 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Beach N Seafood, LLC, a Virginia limited liability company PREMISES: Suite 815, consisting of 720+/- square feet TERM: July 1, 2023 through June 30, 2026, with two (2) additional one-year renewal options RENT: Initial rent of$3,828.00 annually ($319.00 per month) for the first year of the Term, with five percent (5%) annual escalation for each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of various fresh seafood products with an emphasis on fresh locally caught fish, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) days' advance written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advance written notice to the City. LOCATION MAP Mill/ H 7 — ) t . iss " _ . [Hi " i / F .F s unlnluwltsvltt�tslsls`irls s • ' // / 4YYeeE „ r ,/ a / I tan 11 1f w t• is . INN LIJ / .6 4.- \ \ts sitestsuy — Z \ * a ___. 1 :1.1 \ Mill MEP PAV ` l /IMF Mi lir N1 411islirs* NMI 1 DAM NECK ROAD 3640 Dam Neck Road, Suite 815 Virginia Beach,VA 720 sq.ft. Retail Space Disclosure StatementNIB (Vr Vergaw Math 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 ,, \ Applicant Name V OO,C`-"- Does the applicant have a representative? EYS'es ❑ No • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 ( P a g e 'NBDisclosure Statement Citynl aorn Planning &Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea ave an interest in the subject land or any proposed development contingent on the subject public action?0 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-collateraliation,etc)or are they considering any financing in hnection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the financial institutions providing the service. 2. Does the applic have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns ided in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No yprov • If yes,identify the firm and individual providing the service. SO t-1 [ \ .)1?1Lr 4. Does the applicant have services from an architect/landscape architect/land planner provide in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 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 p NO • If yes,Identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement Crty W 1,v,ea,d, Planning & Community Development 6. Does the applicant have a construction contractgr'n connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ No • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in conn,r ion with the subject of the application or any business operating or to be operated on the property? 0 Yes El No • If yes,identify the firm and Individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes 0 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. \ pr nt Signat [eel le, liar&f Orl4l� Print Njjme nd Title Date 111111 Is the applicant also the owner of the subject property? 0 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 ❑ No changes as of Date - Signature Print Name . Revised 11.09.2020 Wage Disclosure StatementAB tvk of%' „eaxth .- w 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 ac� N �Applicant Name ( ', Does the applicant have a representative? DYes 0 No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Fc i e 0-,Piren Li • 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 entitles." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Disclosure Statement \13 Cif yof+ ttaxii Planning 8 Community Developments_. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 0 No • If yes,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? ❑ Yes f3 No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes El No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. -. —Spt`f\� oiY 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes No • If yes,Identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Disclosure Statement Planning & Community Development 6. Does the applicant have a construction contracty iri connection with the subject of the application or any business operating or to be operated on the property?❑ Yes El No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyorjagent in connrt-on with the subject of the application or any business operating or to be operated on the property? ❑ Yes Ei No • If yes,identify the firm and Individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes 0 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. 45cant Signetr?te' &IC eit4nfki c x ntR — Print N nd Thle 6 fr3 Date Is the applicant also the owner of the subject property? ❑ Yes C 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 0 No changes as of Date Signature Print Name "---- Revised 11.09.2020 3 I P a g e rOtu 44 Tb `��4i4 15) ;1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Creekmore's Place, LLC for City-Owned Property Known as Building 7, Spaces 7 & 8 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: September 19, 2023 MEETING DATE: October 3, 2023 • Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Spaces 7 & 8 in Building 7 at the Virginia Beach Farmers Market, which consists of approximately 980 sq. ft. of space (the "Premises") and received one submittal from Creekmore's Place, LLC, a Virginia limited liability company ("Creekmore"). Creekmore has been leasing the Premises for over 20 years and desires to enter into a new lease with the City. The Premises will be utilized for the sale of produce and related items, and for no other purpose. • Considerations: The initial term of the Lease would be for three (3) years, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. • Public Information: A public hearing was advertised on September 10, 2023 in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: 010 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH CREEKMORE'S PLACE, LLC FOR 4 CITY-OWNED PROPERTY KNOWN AS BUILDING 5 7, SPACES 7 & 8 IN THE VIRGINIA BEACH 6 FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, the City issued a Request for Proposals for Spaces 7 & 8 in Building 13 7 at the Virginia Beach Farmers Market, which consists of approximately 980 sq. ft. of 14 space (the "Premises") and received one submittal from Creekmore's Place, LLC, a 15 Virginia limited liability company ("Creekmore"); 16 17 WHEREAS, Creekmore has leased the Premises for over 20 years and desires 18 to enter into a new lease with the City; 19 20 WHEREAS, the Premises will be utilized for the sale of produce and related 21 items, and for no other purpose; and 22 23 WHEREAS, Creekmore has agreed to pay the City rent in the amount of 24 $10,611.84 annually ($884.32 per month) for the first year of the term, with a five 25 percent (5%) annual rent escalation for each year thereafter. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for up to 5 years 31 between Creekmore's Place, LLC and the City for the Premises, in accordance with the 32 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 33 other terms, conditions or modifications as may be acceptable to the City Manager and 34 in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 37 , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM orney bliWork�/ Rea I Estate CA1 825 \\vbgov com\dfs t\applications\citylaw\cycom 32\wpdocs\d030\p039\00849156.doc R-1 September 7, 2023 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Creekmore's Place, LLC, a Virginia limited liability company PREMISES: Building 7, Spaces 7 & 8, consisting of 980+/- square feet TERM: July 1, 2023 through June 30, 2026, with two (2) additional one-year renewal options RENT: Initial rent of$10,611.84 annually ($884.32 per month) for the first year of the Term, with five percent (5%) annual escalation for each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of produce and related items; and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) days' advance written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advance written notice to the City. LOCATION MAP yip. ram _ / /// \\/ (1-1 v , v : Jii s i v ) s lin" "li i lal�+I r1.1514 + /// / 4� fie' ¢''wIl Pee / / q\ 4- ).it f- �, u II a u is +a8..4 11( IN -1/>> '1,,, im :••• , , ... s;\\ ititt ,cResta/ MI a ...----. 0 a , it a - :o 47 % IZ a o � L \ —sI $ , t I IP • /Id / • ow rMEP / • NM Armiiis*/ \ 11.1 I/ , 4- DAM NECK RD 3640 Dam Neck Road, Bldg. 7 Spaces 7 & 8 Virginia Beach, VA 980 sq. ft. Retail Space J Disclosure Statement11/4B Mg of Virginia Brod Planning&Community Development J . . �� 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 -,� tom Applicant Name C fce- ore .� Y i a L L -C Does the applicant have a representative? ❑ Yes o Xfil • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes No • If yes,list the� n names� of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) 11-1( (..)� i 1 tt l 'Q 1(_)NOSe.,L, • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage 'NBDisclosure Statement City of t•pnW Beat Planning& Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes , No • If yes,what is the name of the official or employee and what Is the nature of the Interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-coliateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes o • If yes,id tify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,ide tify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing the service. Tyl-ial \ S-1 Al -} h 4. Does the applicant have services from an architect/landscape architect/land planner pr vided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes o / • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes No rr • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement1113 City of i Ugh . Planning&Community 4 Development . 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes No • If yes,identify the company and individua providing the service. 7. Does the applicant have an engineer/surveyor/agent in onnection with the subject of the application or any business operating or to be operated on the property? ❑ Yes o • If yes,identify the firm and individual providing the se ce. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes o • If yes,identify the firm and indivi ual roviding 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. 1(' ,Cf Applicant Signature 6 I F, ra-).•, Lv. M4244:3 Print Name and Title Date Is the applicant also the owner of the subject property? 0 AYes NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date I Signature Print Name i Revised 11.09.2020 Wage [ -1,41" ,9f4..k. if �" f/.) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Kempsville Florist & Gift Shop, Inc. for City-Owned Property Known as Building 2, Space 11 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: September 19, 2023 MEETING DATE: October 3, 2023 • Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Space 11 in Building 2 at the Virginia Beach Farmers Market, which consists of approximately 960 sq. ft. of space (the "Premises") and received one submittal from Kempsville Florist & Gift Shop, Inc., a Virginia corporation ("Kempsville Florist"). Kempsville Florist has been leasing the Premises since 2010 and desires to enter into a new lease with the City. The Premises will be utilized for the sale of fresh flowers, indoor and outdoor plants, unique handmade glass ornaments and related items, and for no other purpose. • Considerations: The initial term of the Lease would be for three (3) years, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. • Public Information: A public hearing was advertised on September 10, 2023 in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate4) City Manager: (/ 7 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH KEMPSVILLE FLORIST & GIFT 4 SHOP, INC. FOR CITY-OWNED PROPERTY 5 KNOWN AS BUILDING 2, SPACE 11 IN THE 6 VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, the City issued a Request for Proposals for Space 11 in Building 2 at 13 the Virginia Beach Farmers Market, which consists of approximately 960 sq. ft. of space 14 (the "Premises") and received one submittal from Kempsville Florist & Gift Shop, Inc., a 15 Virginia corporation ("Kempsville Florist"); 16 17 WHEREAS, Kempsville Florist has leased the Premises since 2010 and desires 18 to enter into a new lease with the City; 19 20 WHEREAS, the Premises will be utilized for the sale of fresh flowers, indoor and 21 outdoor plants, unique handmade glass ornaments and related items, and for no other 22 purpose; and 23 24 WHEREAS, Kempsville Florist has agreed to pay the City rent in the amount of 25 $14,824.44 annually ($1,235.37 per month) for the first year of the term, with a five 26 percent (5%) annual rent escalation for each year thereafter. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease for up to 5 years 32 between Kempsville Florist & Gift Shop, Inc. and the City for the Premises, in 33 accordance with the Summary of Terms, attached hereto as Exhibit A and made a part 34 hereof, and such other terms, conditions or modifications as may be acceptable to the 35 City Manager and in a form deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 38 , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM L' i n Lock Wora / Real Estate CA1605 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d030\p039\00849156.doc R-1 September 7, 2023 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Kempsville Florist & Gift Shop, Inc., a Virginia corporation PREMISES: Building 2, Space 11, consisting of 960+/- square feet TERM: July 1, 2023 through June 30, 2026, with two (2) additional one-year renewal options RENT: Initial rent of$14,824.44 annually ($1,235.37 per month) for the first year of the Term, with five percent (5%) annual escalation for each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of fresh flowers, indoor and outdoor plants, unique handmade glass ornaments and related items, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) days' advance written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advance written notice to the City. LOCATION MAP a v J \ n a 1 is i . r i „ . a / l K F + "I" "1"1"611"1"1"1"11141.1314 , / / F lei i01m 1 J R i /T14 / %I�� 1213!! 10 II 17 7 14 15 Ii / __._._...__._._ ,f. i \. / �► Q Q Q f - ``` / ' F \\\1 \R ✓ - Sri K 4 / 1/ ``� / \ d _\ z � t \ 1 1 ..0� /�j ✓ \ 1 - �: ce. a \ O fi;► 1 .i w N 1 Z _ . 0 Cr I : I � - 1 i a ` f7 li -- O J} \\ Z1.11 \ e �ICIP /x W I wA •/ �� 1 1 MP 0 \ • , , Mill1 EMI Ipp- / 4111111111i T& .�\\ II I s.. DAM NECK RD 3640 Dam Neck Road, Bldg. 2 Space 11 Virginia Beach,VA 960 sq.ft. Retail Space Disclosure Statement City ojVipioo Booth 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 Applicant Name t"iQl h� 1< 1�1 tc, n KC-YKF-U 1 bYi3 �' .1�t$ {1S =,1\ Does the applicant have a representative? 0 Yes 'No • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) E E l jL t Lt5 c YILA4 , ;c G- `Q - eoul e-5 leiL(uyt-s , Sec rit.k-ory 3k �v I �{-�,�5C r�✓ - • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 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 entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Disclosure Statement1113 My of Pvtrao Reath Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea h have an interest in the subject land or any proposed development contingent on the subject public action?0 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? ❑ Yes (No • If yes,identify the financial institutions providing the service. 2. Does the ap�plic nt have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?YJ Yes 0 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provid d in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes 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 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I Page Disclosure StatementVIii Co Vmetts Planning &Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes VINo • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in con ection with the subject of the application or any business operating or to be operated on the property? ❑ Yes con • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes '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. ik Applicant Signature C It2inz , t h,UUU4u-I4S DuJnL, / )<l r • iA.- Print Name and Title l/ l� I a3 Date Is the applicant also the owner of the subject property? ❑ Yes D. No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 Wage ES N[ ,i-, ,, * 0 f iVt,,,-_ :si ;, rr; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Seasons Best Bakery, LLC for City-Owned Property Known as (a) Building 1, Space 10 and (b) the Guard House Building in the Virginia Beach Farmers Market PUBLIC HEARING DATE: September 19, 2023 MEETING DATE: October 3, 2023 • Background: The City of Virginia Beach (the "City") issued a Request for Proposals for (a) Space 10 in Building 1, consisting of approximately 939 sq. ft. and (b) the Guard House Building, consisting of approximately 100 sq. ft., at the Virginia Beach Farmers Market (collectively, the "Premises") and received one submittal from Seasons Best Bakery, LLC, a Virginia limited liability company ("Seasons Best"). Seasons Best has been leasing the Premises since 2012 and desires to enter into a new lease with the City. The Premises will be utilized for the sale of candy, bread, pies, desserts, soups, stews, cooked vegetables, and related items, and for no other purpose. • Considerations: The initial term of the Lease would be for three (3) years, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. • Public Information: A public hearing was advertised on September 10, 2023 in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate ] City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH SEASONS BEST BAKERY, LLC FOR 4 CITY-OWNED PROPERTY KNOWN AS (A) 5 BUILDING 1, SPACE 10 AND (B) THE GUARD 6 HOUSE BUILDING IN THE VIRGINIA BEACH 7 FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 10 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 11 Virginia (the "Farmers Market"); 12 13 WHEREAS, the City issued a Request for Proposals for (a) Space 10 in Building 14 1, consisting of approximately 939 sq. ft. and (b) the Guard House Building, consisting 15 of approximately 100 sq. ft., at the Virginia Beach Farmers Market (collectively, the 16 "Premises") and received one submittal from Seasons Best Bakery, LLC, a Virginia 17 limited liability company ("Seasons Best"); 18 19 WHEREAS, Seasons Best has leased the Premises since 2012 and desires to 20 enter into a new lease with the City; 21 22 WHEREAS, the Premises will be utilized for the sale of candy, bread, pies, 23 desserts, soups, stews, cooked vegetables, and related items, and for no other 24 purpose; and 25 26 WHEREAS, Seasons Best has agreed to pay the City rent in the amount of 27 $15,199.32 annually ($1,266.61 per month) for the first year of the term, with a five 28 percent (5%) annual rent escalation for each year thereafter. 29 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Manager is hereby authorized to execute a lease for up to 5 years 34 between Seasons Best Bakery, LLC and the City for the Premises, in accordance with 35 the Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 36 other terms, conditions or modifications as may be acceptable to the City Manager and 37 in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 40 , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SU FICIENCY AND FORM i, or y P blit Work / Real Estate CA 16048 \\vbgov.com\dts 1\applications\citylaw\cycom32\wpdocs\d030\p039\00849156.doc R-1 September 6, 2023 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Seasons Best Bakery, LLC, a Virginia limited liability company PREMISES: a) Building 1, Space 10, consisting of 939+/- square feet, and b) the Guard House Building, consisting of 100+/- square feet TERM: July 1, 2023 through June 30, 2026, with two (2) additional one-year renewal options RENT: Initial rent of$15,199.32 annually ($1,266.61 per month) for the first year of the Term, with five percent (5%) annual escalation for each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of candy, bread, pies, desserts, soups, stews, cooked vegetables, and related items, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) days' advance written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advance written notice to the City. LOCATION MAP ` / Bldg.B R // // R \\/ 5 u I Open GiM / / ar F <— / 2 // / / H 1f11511711V 3 A 13 f! 1f N.f / ' i { 3 a Fea Paring 4,a!ee Beep wane, //! I / Vie- 1I21/2 . t 1\\4s. `•testa° MI ;� z . „..... / J II ..--". Air' , \ I i A\ IMIZ ..z i .... \ 4. _ _it 11 41 z . 4 1 \ ______ , , _., , 5 _ _\ r , . t _ _ I 1 : 1 1 iz G \: Mill t Ilk i 1 G , i ' 1 1 d /� r nmi 1 1� �' 1♦1 /` I 1� 14 04 14 DAM NECK RD 7 1 t . 0 [ .4.11-111"11611' 11. ' MAST „r._• a k . ..a, F T ISI3Disclosure Statement ()iv of Verviaa:Haan ,, 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 l l �p� ) /4 Applicant Name J�Z , utocis t e_4 clot_s�S �� 6 ry (IL Does the applicant have a representative? ❑ Yes 'No f • If yes,list the name of the representative. ii A— Is the applicant a corporation,partnership,firm,business,trust or an unincorporated businessX Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) 1 1.. ., n • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) N ( ' "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement CitY of VrOvia Baia Planning&Commu • Development - Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes i 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 i connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the financial institutions providing the service. 2. Does the appli nt have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes No • If yes,Identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Disclosure StatementVf3 Cur of tirgno Bout. Planning &Community Development . --:—: . 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes o • If yes,identify the company and indi i ual providing the service. 7 Does the applicant have an engineer/surveyor/agent in ection with the subject of the application or any business operating or to be operated on the property? 0 Yes O • If yes,identify the firm and individual providing;ae servic . 8. Is the applicant receiving legal services in c_nnection 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 indwidual >i,,viding 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. i )...,‘„jzi4.4 APp Iant Coctro.._ I, N\o rr s -H e-- Pry s� , + Print Name and Title S -3 Date Is the applicant also thl owner of the subject property? 0 Yes No • If yes,you do not need to fill out the owner disclosure atement. 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 0 No changes as of ate Signature Print Name ! -----_- -- -- -- Revised 11.09.2020 Wage _ L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution in Support of Offering Incentives to Prospective Offerors Responding to the Naval Air Station Oceana Request for Proposals for Competitive Out Grant MEETING DATE: October 3, 2023 ■ Background: The City has a long and proud relationship with Naval Air Station (NAS) Oceana ("Oceana") dating back decades. The United States Navy (the "Navy") has been exploring the possibility of renovating, redeveloping or otherwise re-utilizing certain parcels currently on Oceana as a part of the Navy's Future Base Design program. On August 1, 2023, the Navy posted a Request for Proposals ("RFP") for competitive out grant of 113 acres of land at Oceana. While previous discussions regarding Future Base Design included the possibility of the City of Virginia Beach Development Authority (the "VBDA") serving as a master developer with subleases to end users, the RFP provides, "The Government will not consider offers that are designed to sublease the Property." Having acknowledged the RFP does not allow the VBDA to provide the role of master developer, the City believes that it could partner with offerors responding to the RFP with the goal of encouraging compatible development and strengthening the City's support of the military. • Considerations: The attached resolution mirrors a similar action the City Council took when the Historic Cavalier was subject to a court-ordered auction. The resolution seeks to offer certain avenues of assistance for any interested offeror. The possibilities stated in the resolution are the following: 1. Cost participation for necessary roadway, utility, stormwater, and other infrastructure improvements; 2. Support agreement with the VBDA to use "but-for" taxes generated by the project to provide performance grants that offset the Navy's request for in-kind services such as snow removal and road maintenance at Oceana; 3. City support for application to any local, state, or federal funding assistance programs, including without limitation, the City's EDIP, the Commonwealth Opportunity Fund, and various federal programs designed to support and enhance defense-related development; 4. Fast-tracking of permitting process for site development and construction permits, as applicable. The resolution makes clear that the City Council will need to receive a recommendation from the City Manager and formal action will be required prior to the execution of any binding agreements. Prospective Offerors to Oceana Competitive Out Grant Page 2 of 2 ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached resolution. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager:f 1 A RESOLUTION IN SUPPORT OF OFFERING INCENTIVES 2 TO PROSPECTIVE OFFERORS RESPONDING TO THE 3 NAVAL AIR STATION OCEANA REQUEST FOR 4 PROPOSALS FOR COMPETITIVE OUT GRANT 5 6 WHEREAS, the City of Virginia Beach (the "City") has a long and proud 7 relationship with Naval Air Station (NAS) Oceana ("Oceana")dating back decades; 8 9 WHEREAS,the United States Navy(the"Navy")has been exploring the possibility 10 of renovating, redeveloping or otherwise re-utilizing certain parcels currently on Oceana 11 as a part of the Navy's Future Base Design program; 12 13 WHEREAS, on August 1,2023, the Navy posted a Request for Proposals ("REP") 14 for competitive out grant of 113 acres of land at Oceana; 15 16 WHEREAS, while previous discussions regarding Future Base Design included 17 the possibility of the City of Virginia Beach Development Authority (the "VBDA") serving 18 as a master developer with subleases to end users, the RFP provides, "The Government 19 will not consider offers that are designed to sublease the Property"(emphasis original); 20 21 WHEREAS, having acknowledged the RFP does not allow the VBDA to provide 22 the role of master developer, the City believes that it could partner with offerors 23 responding to the RFP with the goal of encouraging compatible development and 24 strengthening the City's support of the military; 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH,VIRGINIA: 28 29 1. That the City Council wishes it to be known to potential offerors that the City 30 is prepared to assist in the development of the 113 acres of land subject to the RFP. To 31 that end, the City will consider all reasonable ways to support the prevailing offeror, 32 including offering its support as follows: 33 34 i. Cost participation for necessary roadway, utility, stormwater, and 35 other infrastructure improvements; 36 ii. Support agreement with the VBDA to use "but-for"taxes generated 37 by the project to provide performance grants that offset the Navy's 38 request for in-kind services such as snow removal and road 39 maintenance at Oceana; 40 iii. City support for application to any local, state, or federal funding 41 assistance programs, including without limitation, the City's EDIP, 42 the Commonwealth Opportunity Fund, and various federal programs 43 designed to support and enhance defense-related development; 44 iv. Fast-tracking of permitting process for site development and 45 construction permits, as applicable. 46 47 2. That the City Council authorizes the City Manager or his designee to meet 48 with prospective offerors to discuss any of the above support approaches. 49 50 3. That prior to the execution of any binding agreements involving the City or 51 VBDA, the City Manager present his recommendation to City Council for formal action. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: rf Economic Development ' Attorney's Office CA16313 R-1 September 13,2023 2 ro -.h �`1 S 1t Ci fFi is„�.,'�••'�.': .LJ ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Conversion of a Part-Time Position to a Full-Time Position in the Opioid Abatement Program within the Department of Human Services MEETING DATE: October 3, 2023 • Background: On July 11, 2023, the City Council approved an ordinance to accept and appropriate funds from Opioid Settlements and the Virginia Opioid Abatement Authority (OAA) to implement a collaborative plan to address the Opioid Epidemic and to authorize positions necessary to execute such a plan. Omitted from the previous ordinance was the request to convert an existing Pathways Center Peer Specialist position from part-time FTE (.75) to a full-time FTE (1.0). Though the position is primarily funded by the General Fund, the OAA Grant will cover the difference (an estimated $8,629) to make this position full-time. • Considerations: The Department of Human Services will need these additional hours to expand the substance use disorder operations at Pathways commencing later this year. There is no funding request needed for the position conversion. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Services City Manager:? 1 AN ORDINANCE TO AUTHORIZE THE CONVERSION 2 OF A PART-TIME POSITION TO A FULL-TIME 3 POSITION IN THE OPIOID ABATEMENT PROGRAM 4 WITHIN THE DEPARTMENT OF HUMAN SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 A 0.75 part-time FTE within the Department of Human Services is hereby 10 converted to 1.0 full-time FTE to support the Opioid Abatement Program. 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: 4d/1);,.. get and Management Services Ci ttorney's Office CA16323 R-1 September 20, 2023 F [ 4.- . f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $9,886,400 from the National Fish and Wildlife Foundation for Marsh Island Terraces in Back Bay MEETING DATE: October 3, 2023 • Background: The National Fish and Wildlife Foundation (NFWF) established the National Coastal Resilience Fund (NCRF) in 2018 to invest in conservation projects that restore or expand natural features such as coastal marshes and wetlands, dune and beach systems, oyster and coral reefs, forests, coastal rivers and floodplains, and barrier islands that minimize the impacts of storms and other naturally occurring events on nearby communities. The program accepts applications yearly and offers a "Pipeline" track to prioritize projects that previously received awards to receive funding for an additional phase of the project. The City Council accepted and appropriated $135,124 in 2020 from the NFWF NCRF for the design of a marsh island terracing project in Back Bay. Marsh terraces are narrow man-made islands that are arranged across areas that were historically marsh but are now open water, typically arranged in a chevron pattern to dissipate waves and slow down water moving through the area. In turn, the calmer water allows more sunlight to penetrate to the shallow bottom, promoting establishment and growth of marsh and seagrass. The marsh terraces will serve to stabilize two critically eroding marsh islands from further degradation and provide flood risk reduction benefits through increased friction and wave attenuation. Receiving design funds in 2020 allowed the project to be deemed a "Pipeline" project and eligible for prioritized construction funding. The City was subsequently awarded $9,886,400 in late 2022 for construction of the $29,533,400 marsh island restoration through terracing project in Back Bay. Local funds will cover the remaining cost through previously appropriated funds in Capital Project 100551, "Stormwater Green Infrastructure." This project was included in the 2021 Flood Protection Referendum list of projects. • Considerations: Accepting and appropriating these funds will allow construction to progress on this critical project. Adequate funding for the local contribution is already in CIP 100551, "Stormwater Green Infrastructure." Grant funding will be provided on a periodic reimbursement request basis for four years. • Public Information: Normal City Council agenda process. • Attachments: Ordinance, Location Maps; Project Detail Sheet Recommended Action: Approval Submitting Depar nent/Agency: Public Works City Manager:fl}{✓J 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $9,886,400 2 FROM THE NATIONAL FISH AND WILDLIFE FOUNDATION FOR 3 MARSH ISLAND TERRACES IN BACK BAY 4 5 WHEREAS, the City has been awarded funding from the National Fish and Wildlife 6 Foundation's National Coastline Resilience Fund for construction of the marsh island 7 restoration through terracing project in Back Bay; and 8 9 WHEREAS, funding for the local contribution is already appropriated in Capital 10 Project #100551 , "Stormwater Green Infrastructure"; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA, THAT: 14 15 1 ) $9,886,400 is hereby accepted from the National Fish and Wildlife Foundation and 16 appropriated, with miscellaneous revenues increased accordingly, to the FY 2023- 17 24 Operating Budget of the Department of Public Works, and transferred as pay-go 18 funding to Capital Project #100551, "Stormwater Green Infrastructure," for the 19 construction of marsh island terraces in Back Bay. 20 21 2) The City Manager or his designee is hereby authorized to enter into any necessary 22 agreements associated with project development for Project #100551 consistent 23 with the grant award. 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 of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ir. —-,(7(1/4-74 udget and Management Services orney's Office CA16315 R-1 September 14, 2023 yy N mp W —��"— F. o SITE s o Long Island = m U U a) c CO 0 r MID Legend LOCATION MAP BACK BAY MARSH RESTORATION kinj Project Site CIP 100551 Back Bay NWR Feet 0 875 1,750 3,500 Prepared by P.W./Eng./Eng.Support Services Bureau 09/08/2023 X:\CADD\Proiects\ARC Files\AGENDA MAPS\NFWF Rev 09-08-23 N - (4041:4•11:114' . • W ... , S ',00,,.(.' •`:;,, , . • s'. . ., -, • , , . 4 */i/..''' . • ; C • • ,`' , . t,.... --.. -•"-d- . , ' .. . , • ., .,' -444-.4.4 .." ir:'.0.',''''r' '' • --, ."'''-:. • ,, ,. ., .i• •.- : ' ' ',"--1.,..ri 4' ,' - .f4.: • 'le, 4.,. ..... .;:•, ,...,,, .' ..,;....*::: , :'"-..('''''' •!lit't,-'*'.' '.4'. . I) . ";,,,;'i . _,...- , . •z_•'',..- 74e„....i,.....-v• ; ::' ,A, , 0...,-.7;orl.-• - • .-„ -.. . • .4,, r• , ,.,..e. . :#• ._ ., .,:.,.,...„ . ,'...r... •, 05; .k• ,. , : .- • • . I;••'.•..'.,--. -''' -sE3or ' , Lo,,,i,-„,-,•:;°' , .,,•- • •'. - ng Is-landd, ., ›T -., -.,-/1'?' . 4. ..• 1 -4..r.4,;e',#7.( t /. ..• .3 ..- 1/4:-- , • . z,.. 4,,•'.f . . -r. ,.. 03 ,. -.Y.,-• ,-,, ., • . ':'. ' .. - •-:-: "-.:":'. '. .' r ei ''' .-.• - d, - ..., . -. . , .. .,,i 1, • ' # # ‘... . •4 ..°!.' ' >•,,-1 4r.(,.:.''...../4!''' .'.: : (I, ;• . _ / , ,11.1,;' I Jr . • , ,o. . -:-..,-, • '•., .. ...,.tor ,-....., LOCATION MAP Legend ,:;-.6",..Y.:4.e.&. , BACK BAY MARSH RESTORATION 0 ,-,,,1 . . :4,...er.v.t44, CIP 100551 Project Site 0"T ,tf-',•'.-..-•-,' . .1 •,,. Nomum Feet Back Bay NWR 0 875 1,750 3,500 ,.. Prepared by P.W/Eng./Eng.Support Services Bureau 09/08/2023 XACADD\Projects\ARC Files\AGENDA MAPS\NFWF Aerial Rev 09-08-23 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100551 'Title:Stormwater Green Infrastructure (Status:Approved Category:Flood Protection Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 54,348,720 39,925,000 - - - - 14,423,720 Description and Scope This project is part of the Green Infrastructure Flood Protection Program Master Project.As part of the Comprehensive Sea Level Rise and Recurrent Flooding Analysis,Green Infrastructure,sometimes called Natural and Nature-Based Features(NNBF),was identified as part of the long-term stormwater resiliency solutions for the City.This program,utilizing preliminary locations identified under the Comprehensive Sea Level Rise and Recurrent Flooding Analysis,will be used for the design,property acquisition,and construction of Green Infrastructure throughout the City.Multiple non-profit organizations and federal/state departments could provide grant assistance for the construction of Green Infrastructure.This program will identify potential grant opportunities and apply for assistance when Green Infrastructure locations are identified that meet the requirements for the grants. Purpose and Need Multiple areas throughout the City have been identified which could receive substantial benefits from green infrastructure.These benefits include,but are not limited to;water quality improvements,controlling erosion,reduction of flood elevations by slowing the flow of tidal impacts(wind-driven or lunar),and establishing valuable habitat for water-dependent animals. History and Current Status This project first appeared in the FY 2020-21 CIP and is a product of the City's Comprehensive Sea Level Rise and Recurrent Flooding Analysis.Current projects under this CIP include the Elizabeth River Wetland and Floodplain Restoration project and the construction of the Marsh Restoration project in Back Bay.In October 2021 the Elizabeth River Wetland and Floodplain Restoration project received a grant for$3 million from the Virginia Resources Authority,Administrator of the Community Flood Preparedness Fund. Operating Budget Impact Comments FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 10/21-12/22 1,942,171 Site Acquisition 11/22-10/23 70,000 Construction 11/23-11/28 49,166,719 Contingencies 10/21-11/28 3,169,830 Total Budgetary Cost Estimate: 54,348,720 NO MAP REQUIRED Means of Financing Funding Subclass Amount Local Funding 36,925,000 State Contribution 3,000,000 Total Funding: 39,925,000 FY 2023-24 to FY 2028-29 169 Capital Improvement Program r . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Federal Emergency Management Agency for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: October 3, 2023 • Background: The Federal Emergency Management Agency (FEMA), the emergency preparedness branch of the Department of Homeland Security, has continually provided funding for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. Funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the VA-TF2 at an expected level of response capability. The Fire Department is the sponsoring agency for VA-TF2. To ensure that risk management, personnel, and building lease costs would be appropriated through the FY2023-24, an estimate of these costs ($661,295) was budgeted until the actual amount of the FY23 FEMA Cooperative Agreement grant was made available by the federal government. • Considerations: FEMA has awarded $1,507,956 to VA-TF2 for support of ongoing expenses for a 36-month period from October 1, 2023 through September 30, 2026. The grant does not require a local match. This amount is $846,661 above the budgeted estimate included in the FY2023-24 budget. As it has in the past, the grant will continue to partially fund three positions. The grant also provides funding for the continuation of facility lease expenses, replacement of equipment and supplies, training, formal exercise costs, and travel expenses. The program has reached a point where this level of funding is critical to its continuity as a viable program. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA-TF2 at required performance levels. • Public Information: Normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:N 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR THE CONTINUED 4 OPERATION OF THE VIRGINIA TASK FORCE 2 5 URBAN SEARCH AND RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $846,661 is hereby accepted from the Federal Emergency Management Agency 11 and appropriated, with federal revenue increased accordingly, to the FY 2023-24 12 Operating Budget of the Virginia Beach Fire Department for the continued operation of 13 the Virginia Task Force 2 Urban Search and Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: rj �I udget and Management Services orney' ffice CA16309 R-1 September 13, 2023 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $456,860 to the Department of Parks and Recreation for the Out of School Time Program MEETING DATE: October 3, 2023 • Background: Parks and Recreation's Out of School Time Program is the largest childcare organization in Virginia Beach. It serves approximately 7%of the Virginia Beach City Public Schools elementary school population. Parks and Recreation's early childhood programs are also licensed and serve 3 - 5-year-olds, in addition to programs for school-aged children. Eastern Virginia Medical School provides funding to the City by way of the Mixed Delivery Grant (MDG) Program through the Virginia Early Childhood Foundation. This funding supports programs that expand access to preschool services for unserved and underserved three- to four-year-old children. • Considerations: There is no cost to the City to participate in the MDG and no local match requirement. This program, which is a combination of federal and state portions, will allow Parks and Recreation to dedicate 31 spaces for children to receive services at Williams Farm Recreation Center. Grant funding is available starting July 1, 2023, which is the third year of funding, and it is renewable for a fourth year pending performance and availability of funding. • Public Information: Normal council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks & Recreation City Manager: fir9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $456,860 TO THE DEPARTMENT OF PARKS AND 3 RECREATION FOR THE OUT OF SCHOOL TIME 4 PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $456,860 is hereby accepted from Eastern Virginia Medical School and 10 appropriated, with revenue increased accordingly, to the FY 2023-24 Operating Budget 11 of the Department of Parks and Recreation to support the Out of School Time program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4A. & 1-470; 0' Budget and Management Services Ci ttorney's Office CA16316 R-1 September 19, 2023 [ "NNIA!,..1?,) _1 !. :, l,.y ' w Y• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Marine Resources Commission Abandoned or Derelict Vessel Program and to Authorize a Subrecipient Grant to the Vessel Disposal and Reuse Foundation MEETING DATE: October 3, 2023 • Background: The Virginia Marine Resources Commission (VMRC) has a Virginia Marine Debris Reduction Plan that recognizes abandoned and derelict vessels as a leading marine pollution problem in Virginia's waterways. The plan establishes a strategy to address this issue that includes prevention, research and monitoring, disposal infrastructure, and removal of existing abandoned vessels. In 2021, Virginia's Coastal Zone Management Program created the Abandoned and Derelict Vessels (ADV) Work Group that was tasked with the goal of creating a comprehensive, sustainable, and robust Virginia ADV Prevention and Removal Program. In their final recommendations, the work group recommended an allocation of$3 million to the VMRC for vessel removal and the creation of an ADV manager at the agency. The General Assembly has provided the VMRC with the recommended $3 million to support the removal of abandoned and derelict vessels. VMRC has proposed this program to be administered as a grant program to localities, and the VMRC accepts grant applications on a rolling basis. The City applied for and was awarded $275,000 for the administration, removal, and disposal of 18 ADVs. Twelve are within the North Landing River in southern Virginia Beach, and six are within the Lynnhaven River basin in northern Virginia Beach. The City advertised a Notice of Funding Availability (NOFA) to accept proposals to provide services related to the safe removal and disposal of abandoned and derelict vessels in public waters of Virginia Beach. The City received one response to the NOFA from Vessel Disposal and Reuse Foundation, a local non-profit specializing in vessel removal. • Considerations: If approved, the funding will be appropriated to the Operating Budget of the Department of Public Works. The subrecipient grant will be administered on a reimbursement basis. No local match is required. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; NOFA Submittal; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:rh9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDING 2 FROM THE VIRGINIA MARINE RESOURCES COMMISSION 3 ABANDONED OR DERELICT VESSEL PROGRAM AND TO 4 AUTHORIZE A SUBRECIPIENT GRANT TO THE VESSEL 5 DISPOSAL AND REUSE FOUNDATION 6 7 WHEREAS, the Virginia Marine Resources Commission established the Abandoned 8 and Derelict Vessel (ADV)program to provide grants to local governments for the removal of 9 abandoned and derelict vessels from the public tidal waters; 10 11 WHEREAS, the City applied for and was awarded $275,000 for the administration, 12 removal, and disposal of 18 ADVs; and 13 14 WHEREAS, the City advertised a Notice of Funding Availability (NOFA) to accept 15 proposals to provide services related to the safe removal of ADVs and received one 16 response to the NOFA; 17 18 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA THAT: 20 1) $275,000 is hereby accepted from the Virginia Marine Resources Commission and 21 appropriated, with miscellaneous revenues increased accordingly, to the FY 2023- 22 24 Operating Budget of the Department of Public Works. 23 24 2) A subrecipient grant is hereby authorized in the amount of$275,000 to the Vessel 25 Disposal and Reuse Foundation. The provision of the subrecipient grant shall be 26 pursuant to a grant agreement providing for the orderly removal of ADVs and 27 accounting for grant funds. 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 of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City o ey's Office CA16322 R-1 September 20, 2023 VESSEL DISPOSAL REUSE FOUNDATION 08 Aug 2023 To: City of Virginia Beach Public Works Attn: Katie Shannon,NOFA No. 24-001 From: Michael Provost, Vessel Disposal and Reuse Foundation Enclosures: 1. 18x ADV Spreadsheet 2. VDRF Activity Summary 3. IRS Designation 4. Videos:North Landing Boat Graveyard and VDRF Year ONE Subj: NOFA No. 24-001 REMOVAL OF ABANDONED AND DERELICT VESSELS Dear Katie, Proposal: Michael Provost, Executive Director and founder of the Vessel Disposal and Reuse Foundation (VDRF) desires to receive Virginia Marine Resources Commission (VMRC) grant funding to remove and dispose 18x Abandoned and Derelict Vessels (ADV) in Virginia Beach, VA. VDRF has identified, investigated, cataloged, and verified the 18x ADVs enclosed herein and is prepared to start removing and disposing ADVs upon receipt of funding. History: VDRF is a service-disabled veteran founded and operated 501(c)(3)nonprofit based in Virginia Beach, VA. The IRS designated VDRF as an environmental nonprofit on 07 Dec 2021. Uniquely, VDRF's mission is intentionally narrow and laser focused towards solving Virginia's ADV dilemma through removals and disposals,public outreach, and education. To date, VDRF has funded ADV removal and disposal activity via private donors and corporate sponsors. Experience: VDRF has a verifiable track record of success, industry leading subject matter expertise, and licensed, bonded, and insured marine salvage sub-contractors eager to accomplish this important environmental work. In its first 19-months of'operation VDRF removed and disposed 25x ADVs on the Lynnhaven River, Broad Bay, Elizabeth River, Long Creek, and the North Landing River in Virginia Beach. Throughout this activity VDRF coordinated transparently with city, state, and federal entities and removed 275,138 lbs of hazardous debris from our sensitive waterways. These 25x projects included a wide variety of ADVs including wooden, fiberglass, aluminum, motor vessels and sailboats, and sizes from 19-75 feet to include a 35-ton twin masted sailboat. VDRF has ADV removal and disposal experience in the full- spectrum of ADV circumstances and marine environments to include: • Fully submerged and not visible from the waterline. • Aground atop a sensitive tidal marsh. • Fully and partially submerged near historic Ghost Fleet hull remains. • Sunk and aground at privately owned docks. Enclosure • Afloat and abandoned on large bodies of water with tidal changes. • Capsized and aground at a sensitive oyster bed with tidal changes. • Partially sunk in strong current environments and aground on a sensitive registered national landmark. Grant Funds Requested: $275,000 USD to remove 18x ADVs. Grant funds would cover all removal and disposal expenses to include: VDRF investigation to identify the ADV's type, specifications and owner, location and condition confirmation via picture/video, internet research and site visits, research to identify the ADV's owner, sub-contractor coordination, drafting and legal review of associated contracts, oversight of the removal and proper disposal with picture/video documentation, and organization of receipts and invoices. $275,000 also includes $5,032 to enable VDRF to continue coordination with the Virginia Department of Historic Resources and complete side-scan sonar reconnaissance to ensure historic Ghost Fleet remains are protected. Sub-Contractors: VDRF works in close coordination with Hodges &Hodges Enterprises, Garbarino Construction and Patriotic Excursions. These sub-contractors are licensed, bonded, and insured, and are dedicated to assisting VDRF in protecting Virginia's marine environment. Percentage Estimates: Percentage estimates can be impacted by several factors outside VDRF's control to include: environmental conditions, hazardous materials, material condition, owner identification, owner cooperation, and legal analysis of the ADV circumstance. • VDRF Investigation and Project Management: —19% • ADV Removal: —62% • ADV Recycling& Disposal: —19% Thank you kindly for your consideration of VDRF's proposal. Please contact me per below for additional discussion. Best regards, . -Michael Provost Founder and Executive Director I Vessel Disposal and Reuse Foundation Cell: 757.985.5248 I Email: mike@vesseldisposalreusefoundation.com 2 ti General Coordinates ADV Verified Vessel Vessel Description VI\or Pollutants I•low Hazard or Cost Sub- Description by VDRF? Length Reg Requiring Threat? Estimate Contractor Removal? 1 Partially NLR:36°38'3.74"N, Yes:Verified 40 1970s sloop partially submerged NC 5609 Unlikely due to Threat to $ 20,072 Hodges& submerged 76°3'30.47"W via drone and in- near the marsh with the mast 8A length of time navigation and Hodges sailboat. person. broken off. submerged. environmental health. 2 Aground NLR: 36°38'8.73"N, Yes:Verified 30 1980s sloop with mast broken off None Unlikely due to Threat to $ 15,054 Hodges& sailboat. 76°3'30.96"W via drone and in- and missing. visible. length of time navigation and Hodges person. abandoned. environmental health. 3 Partially NLR: 36°38'3.75"N, Yes:Verified 20 1980s deckboat with outboard None Unlikely due to Threat to $ 10,036 Hodges& submerged 76°3'30.57"W via drone and in- motor present.No fuel or spillage visible. length of time navigation and Hodges deckboat. person. seen. submerged. environmental health. 4 Partially NLR: 36°38'3.75"N, Yes:Verified 40 1970s tongue and groove None Unlikely due to Threat to $ 20,072 Hodges& submerged 76°3'30.57"W via drone and in- headboat broken in half and visible. length of time navigation and Hodges wooden person. partially submerged.Vandalized submerged. environmental headboat. excessively. health. 5 Partially NLR: 36°38'8.19"N, Yes:Verified 40 1970s tongue and groove head None Unlikely due to Threat to $ 20,072 Hodges& submerged 76°3'31.35"W via drone and in- boat with roof structure broken visible. length of time navigation and Hodges fishing headboat. person. off and partially submerged submerged. environmental adjacent to the hull. health. 6 Aground Barge. NLR: 36°38'7.31"N, Yes:Verified 43 Floating barge converted into an None Unlikely due to no Threat to $ 21,577 Hodges& 76°3'31.65"W via drone and in- abandoned duck blind;hard visible. motor aboard. navigation and Hodges person. aground. environmental health. 7 Aground Skiboat.NLR 36°38'3.75"N, Yes:Verified 20 1990s Skiboat stripped and full of None Unlikely due to Threat to $ 10,036 Hodges& 76°3'30.57"W via drone and in- water in the marsh;no motor visible. length of time navigation and Hodges person. present.Full of water. submerged. environmental health. 8 Aground NLR: 36°38'6.17"N, Yes:Verified 24 1990s Bassboat stripped and full None Unlikely due to Threat to $ 12,043 Hodges& Bassboat. 76°3'27.62"W via drone and in- of water in the marsh;no motor visible. length of time navigation and Hodges person. present.Full of water. submerged. environmental health. 9 Partially NLR:36°38'12.61"N, Yes:Verified 30 1980s fishing headboat with None Unlikely due to Threat to $ 15,054 Hodges& submerged 76°3'33.85"W via drone and in- partial flybridge missing visible. length of time navigation and Hodges Headboat. person. components. submerged. environmental health. 10 Capsized NLR: 36°38'2.76"N, Yes:Verified 18 1970s Powerboat capsized and None Unlikely due to Threat to $ 11,032 Hodges& aground 76°3'29.55"W via drone and in- aground in the marsh;no motor visible. length of time navigation and Hodges powerboat. person. present. submerged. environmental health. # General Coordinates ADV Verified Vessel Vessel Description VIN or Pollutants !low Ilazard or Cost Sub- Description by VDRF? Length Reg Requiring Threat? Estimate Contractor Removal? 11 Aground Row NLR 36°38'10.72"N, Yes:Verified 12 1990s dingy aground in the marsh; None Unlikely due to Threat to $ 8,022 Hodges& Dingy. 76°315.47"W via drone and in- no motor and stripped of visible. length of time navigation and Hodges person. components. abandoned. environmental health. 12 1980s ADV NLR 36°38'3.62"N, Yes:Verified 30 Various vessel debris from a None Unlikely due to Threat to $ 15,054 Hodges& Debris Field. 76°3'28.66"W via drone and in- destroyed powerboat.Roof visible. length of time navigation and Hodges person. structure separated from hull. submerged. environmental health. 13 Submerged and LR: 36°54'19.52'N, Yes:Verified 30 1990s Sailboat sunk resting on the None Unlikely due to Threat to $ 15,054 Hodges& aground Sailboat. 76°5'9.69"W via drone and in- bottom;no motor. visible. length of time environmental Hodges person. submerged. health. 14 Derelict Sailboat. LR 36°52'30.99'N, Yes:Verified 20 1970s Sailboat taking on water, None Unlikely due to no Threat to $ 12,036 Garbarino 76°110.38"W via drone and in- but lifted;no motor.Filled with visible. motor aboard. environmental Construction person. water. health. , 15 Derelict Sailboat. LR 36°52'30.74'N, Yes:Verified 26 1970s Sailboat taking on water, None Unlikely due to no Threat to $ 13,047 Garbarino 76°110.71"W via drone and in- but lifted;no motor.Filled with visible. motor aboard. environmental Construction person. water. health. 16 Derelict Cruiser LR: 36°54'27.96'N, Yes:Verified 35 1980s Powerboat cruiser. None Unlikely due to Threat to $ 17,563 Hodges& Powerboat. 76°3'14.49"W via drone and in- Currently afloat,but has taken on visible. length of time environmental Hodges person. water several times. abandoned. health. 17 Partially LR: 36°54'27.83'N, Yes:Verified 20 1990s Skiboat submerged and None Unlikely due to no Threat to $ 12,036 Garbarino Submerged 76°3'13.98"W via drone and in- aground at dock;no motor.Filled visible. motor aboard. navigation and Construction Skiboat. person. with water. environmental health. 18 Fully submerged BB: 36°53'56.30'N, Yes:Verified 30 1980's sloop sailboat,which None Unlikely due to Navigational $ 22,108 Hodges& sailboat. 76°1155.56"W via VBPD Dive caught fire and sunk on Broad visible. length of time sunk Hazard and Hodges OPS Unit,sonar Bay in 2008.Vessel is known to and fire before environmental on-site,satellite VBPD and VBFD and they are sinking. health. imagery. aware of VDRFs removal intent. Total Estimate: S 269,968 North Landing River Boat Graveyard N VESSEL DISPOSAL Virginia Beach, VA I REUSE FOUNDATION ADVs: 1 -12 6/20 1 _ • iNLR ADV 9 1 NLR iw6 NLR ADV 2 RADV 61 NLR AyDDV 4 2 a NLRADV8 ' '4 •. �t\yet Is North • - LR ADV 3 ?of NLR ADV41 NLR ADV 12 7'' • NLR ADV 10 . Image®2023 Maxar Technologies North Landing River Boat Graveyard VESSEL DISPOSAL Virginia Beach, VA REUSE FOUNDATION 1 - 2 ,, „I', 44 S f Illinallinli ..� } 4 t � - , i y,� _ 1 ; _ - ^ _ � r 4F 1^rN.141 3 4 ' Frj �1 i Nt_ aI[..� ��` M1 u4 Gii�. ,7 {,} CA4Ilf -. -":a R a. y -w Y.v<a'.+�, �`�" •�- is-. ..,a %,, Vi c+. py� '�'3 - 'f. ir: � l..-.4 L`s' 41. r. a . _., 14. w 1ro " ' r\ .� C. "5•. ', t ;r 5�' p .w. B.T„ i. * h a e, . ' mix a4 n i i+'—7r , o J - '` - Landing River North Boat Graveyard VESSEL DISPOSAL Virginia Beach, VA REUSE FOUNDATION 6 5 yy ! T Anti m g �":/ \ _ -, ..ram _ 4'fait ahy-.,� ,t4. t �e/ x t -- ir t a £ r. .. rr. e'' �` �. .+ d ' j1'� �n ?�'• �S�' al • ai > r s jrfy a5 ar j v .. tee.,.- K ? ( f'`f „� . ke. ... Yn ^T A . �l J L 1 "„"' 'fs'3 ' ,'X .ie+' ,. ti �. .�. Vic±] :., y r." �"�{a�`¢� Lvh t4Clie 1 S''_aad..C..-N,' / r j� es- + .r � ' b L+r�y`Y!•��g�}r, 9� OSLF �\ ��i/r``p��7J1•�''4 @ "'}'e�y � l r �'M+ �,( � �.�t€r .- 1- ' " a 7Ji�1{'d��ii z€2.-ti icrert .� '�1 /` " t�.r ._. 1,1 # -am'•r`e'`:•6`/ ` '.�� ` v1 f•' . yak `hi s; -s 'l r. 1 '� - t Pry ry ate, '�+�• @' y �``:�l { `'{ v-!+�' �"� t r }, ,� 1 n� ` a'i'f .�.A� alb t� ,,,,,tii5 e., _y'�r -� .,`, l • - � •� m D f `*� ��c7d t,4Yi .•i- .17044d3 �k v' - \r �G`' !"`• F t. „.. .- • f ct ,yr � \ 'r�i�r11� E1� " � ,• YQ� 4 � \. / n NI.Sar" -.�" LLe '��` '` t '1iFr"�� t�\ R}i r Y, r^^' 4 c. 1sf a .c1 2.a'° 044, i ' d a " �f�(. a.r1„ r..Li ai .,A t i -: F r"_ ▪✓42 t 3` ) �+ °vh i Fy'1 s:a/ }+11 d' T]•t+� !,/,l am ;at T, �'" I�. �e�19, ld,;iLL�'ITS F e� ,� �y j rY•w E � r `7,:i,„sz Sr'ri \ gin" 4 •-4,,, 4 1 �1ti (�, 4?y�,1'fA ,� z...o.lr` 'w , r Ytn:4^•.,£!af Z<„�•,a+i •��y 'i.;_r►1 ,4.ile ifa.:y`!..? Y \' rl��;?ei;SY 4 {`i' it trL`� � North Landing River Boat Graveyard VESSEL DISPOSAL Virginia Beach, VA REUSE FOUNDATION • s 10 % ,•e i �; r 4t t "fit o" i. , ., c'tl . ,\ 17 , tt: ti- j n. _ .� i , "TM` , . r amp yi`..." yes �"' +^,,.�, / 'tea,. .,' q.i 1 12 1 1 �i �i ) ( 73�� v�.cyi?d4 I lf41 `rltQti '1 1i'\y`' ISI�n' bJ�,tIjul 4j ,`r( 'yj0l"'iA' 'q1i1 �}I '`ii' � i'rsv ',j�l' �� 'Mi 0�.. y ;lp 4kt sit _� r'Ykill YI■Mt yy M +y " 5 ►� �f i Lif , r ++ . ` �` Wig I l ,j� NS:fiil!.1 11, •4 1air__Dui •Y},., - Fes-a"t " aLynnhaven River & Broad Bay N VESSEL DISPOSALAt Virginia Beach, VA REUSE FOUNDATION ADVs: 13- 18 +ate� k:1� . I \ ' i ,V {4 rt. ,A \< [[ R', r J t • . . . �� cti o� LR AO)/ 17 k t I .MM. F',.` r"..•+"v\!krt w 4 4 1r ' • LR ADV`116 , i •-c.C:'t`'� �i,_ LR A W,I15. Y'V f-V_. „ i Z t a t BAY ISLAND• ..a ' r• ., , .� r i re A.. i�6 , t •` , V \. !• q:;, a �,. /•(F .r y �, {'{ : f 9 1, Y 7 'ir t•JiJ. ./fir. :• it { It r .,• Y r Cr {5jr X.�,I r a . ' 'y t &r. ,f.. rf Pcr`j - - . -• b.:' , ' r" rs fY{ a ^f •* .y� ,..-, .,al a r .0, • ' �NUr. �!` ; } . ,• 4•• �a�//•• N. �•,, f, ,F ALAN'fON' I 'ate .y ,`Zv ,Z. ',�� - Y •, .r4i F, S•drjyi�ft r t• .'1• — J ,� �'r! , ;.,• ' f `]] r. .r• ' i F.' , r �' r4?�r\r\T �v i yr...., }'. Cti , tr. a 3 n7' J'•J, 1 .., - .'i'. it - ,' -r ", Y^fFA' e, 4• ►'+ r ',• ,ara 1 ,a , r . j t ` liar.—a . , ' r , !' ``.` i' a t .. t LR ADV 15 LR'ADV 14 ' '+t i 5^.". `t . 1`.• 1 f: '4 •11,l,J , • _y+, . .t `,r 4-4 �'ti�'ce Y W6. %'" fY. r r { V ••ft ;':ritj t •,�JM ,r • h i n-3- ,4 1 ,+,, . ' f _ tp if . `, / " ` . a C • ,. . `Ir . ':�.Y, ,J%Y T Y•,Y i ti�a'. ,L a<1: ' w �.\+y. • r•rr ` ,.' . � a. t S f fH • '. t ,pF .• , r i. ;.♦ , k . ;eirrrr., #t;J:prier , fr 1, it N i^�,r-,. ` 'Y 1• v r; ) rr s . s • 4. ,i � yL l �tyk{.a`•a f"F �l" -`r x J. � rh F,4, ,t „ 'A ' r.t t, • ry .4 , Lynnhaven River VESSEL DISPOSAL Virginia Beach, VA REUSE FOUNDATION 13 J 14 - -......r �� s, _` _� >Mt ^ , vkw lit / tEA-- 1 • �, _ ..,.p�4 /. ti- 15 16 '\ol s 1 I I / / � ! •4 I .i , TI. 1 i 3 .Zf' ,. a R-''}7 � ,g-: � a. 11df 1 Y..-t(- ,� ^ J ' y Y 1 P.'" 111L i, ;pit, SLynnhaven River and Broad Bay VESSEL DISPOSAL Virginia Beach, VA REUSE FOUNDATION 17 18 7 p ti+. -5 yrf�+ I I r «ate t `: _ r s p _�. • asSpit lit t I y a \\ft.-) I • 4 ' i Y „aid, r3:t$t � _Pet ��' t 1- CI VDRF Activity WI VESSEL DISPOSAL Dec 2021 -Jul 2023 I ADVs Disposed: 25 I • 21 ' F REUSE FOUNDATION Debris Landfilled: 275,138 lbs. I Metal Scrapped: 16,910+ lbs. 0 `- 'o -z.. , ' 4"-- "":--- -' \ 141.--N-,It.._.- - S-' 'rF ;r4;. ...1: 1/4" --.4 A'e -d z:-'rb&r1/2. \ I, Aa-:,- ve ,iltirat_ _._, ._ ...... ..„.. ___ .„.. ‘ ,. , -,,,______ ......., _ __ _ ., ... 47, .._, 1,, . it , 4 .,„_ _ 1/4 v_4_,,.. _ i , 74,- . 4 ,.._ ar \ 'P'114714ri 4 r II d r .ir ;: p f; t7 T ,. r 1 f l " rP',t frile �g*�--'�_ R k xfl y4f.OP.'t A`Ja. L i ,�, 'a �_�j4 `�/-.1 _ frl� l -_� ail r}.� ,..no i'i _� �s, f r� 4 tap fr e m r T 1 " k. �T' ' l ^ T T' 7 - r f , a - }I r x Fri 4 �� 1C .+ + � � ! � ,++ � _. Departent of the Treasury bate: Int ernaml Revenue Service 02/17/2022 Tax Exempt and Government Entities Employer ID number: JJ P.O. Box 2508 87-3911643 Cincinnati, OH 45201 Person to contact: Name:Customer Service ID number: 31954 Telephone: 877-829-5500 VESSEL DISPOSAL AND REUSE FOUNDATION Accounting period ending: C/O MICHAEL PROVOST December 31 2465 HAVERSHAM CLOSE Public charity status: VIRGINIA BEACH, VA 23454 170(b)(1)(A)(vi) Form 990/990-EZ/990-N required: Yes Effective date of exemption: December 7, 2021 Contribution deductibility: Yes Addendum applies: No DLN: 26053763001431 Dear Applicant: We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records. Organizations exempt under IRC Section 501(c)(3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of this letter. If we indicated at the top of this letter that you're required to file Form 990/990-EZ/990-N, our records show you're required to file an annual information return(Form 990 or Form 990-EZ) or electronic notice(Form 990-N, the e-Postcard). If you don't file.a required return or notice for three consecutive years, your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter "4221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Sincerely, r4I-Xe-e-e a-. Stephen A. Martin Director, Exempt Organizations Rulings and Agreements Letter 947(Rev.2-2020) Catalog Number 35152P I-- - -- _- - - 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: Vessel Disposal and Reuse 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) n ■ Accounting and/or preparer of your tax return Financial Services (include ■ lending/banking institutions and VDRF Bank Account: Wells Fargo current mortgage holders as applicable) Q Ill Legal Services Hodges and Hodges Enterprises, Garbarino Eli Construction, and Patriotic Excursions. 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. Michael Provost 20Sep2023 APPLICANT'S SIGNATURE PRINT NAME DATE if `s. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Federal Emergency Management Agency for the Mobilization of the Virginia Task Force 2 Urban Search and Rescue Team for Flooding in Vermont MEETING DATE: October 3, 2023 • Background: The National Urban Search and Rescue Team was established by the Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency. The team received activation orders to assist with the Vermont Flooding in July 2023. Ten VA-TF2 members were sent to respond to this event. • Considerations: Upon activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies, and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to the event was $170,485.05. In addition, the department is entitled to $4,409.70 in revenue for the cost of preparing the claim. • Public Information: Normal council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager& 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR THE MOBILIZATION 4 OF THE VIRGINIA TASK FORCE 2 URBAN SEARCH 5 AND RESCUE TEAM FOR FLOODING IN VERMONT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) $170,485.05 is hereby accepted from the Federal Emergency Management 11 Agency (FEMA) and appropriated, with federal revenue increased accordingly, 12 to the FY 2023-24 Operating Budget of the Fire Department for the mobilization 13 for flooding in Vermont. 14 15 2) $4,409.70 is hereby accepted from FEMA and appropriated, with federal 16 revenue increased accordingly, to the FY 2023-24 Operating Budget of the 17 Virginia Beach Fire Department for the administration of Virginia Task Force 2. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C/tIttit-t B dget and Management Services rn y's Office CA16311 R-1 September 19, 2023 • CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance to Accept and Appropriate Funds from the Federal Emergency Management Agency for the Mobilization of the Virginia Task Force 2 Urban Search and Rescue Team for the Hawaii Wildfires MEETING DATE: October 3, 2023 • Background: The National Urban Search and Rescue Team was established by the Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The team received activation orders to assist with the Hawaii Wildfires, and one VA-TF2 member was sent to respond to this event, in August 2023. • Considerations: Upon activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to the event was $35,412.83. In addition, the department is entitled to $1,062.38 in revenue for the cost of preparing these claims. • Public Information: Normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1412 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR THE MOBILIZATION 4 OF THE VIRGINIA TASK FORCE 2 URBAN SEARCH 5 AND RESCUE TEAM FOR THE HAWAII WILDFIRES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) $35,412.83 is hereby accepted from the Federal Emergency Management 11 Agency(FEMA) and appropriated, with federal revenue increased accordingly, 12 to the FY 2023-24 Operating Budget of the Fire Department. 13 14 2) $1,062.38 is hereby accepted from FEMA and appropriated, with federal 15 revenue increased accordingly, to the FY 2023-24 Operating Budget of the Fire 16 Department, for the administration of Virginia Task Force 2. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services C. or ey's Office CA16310 R-1 September 19, 2023 1, t� iy CITY OF VIRGINIA BEACH \ AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Governor's Agriculture and Forestry Industries Development Fund Infrastructure Grant Program and to Authorize a Local Grant Match MEETING DATE: October 3, 2023 • Background: The Governor's Agriculture and Forestry Industries Development (AFID) Fund Infrastructure Grant Program provides grants to political subdivisions for community infrastructure development projects that support local food production and sustainable agriculture. The AFID Fund Infrastructure Grants Program is a competitive grant program that is administered by the Virginia Department of Agriculture and Consumer Services (VDACS). These grants are paid out as reimbursements and require matching funds. While initially three Virginia Beach farms were interested in this grant program, the City has been notified of a grant award of$27,500 to support the installation of a 10 by 20 foot freezer and additional irrigation equipment for the orchards and vineyards at Cullipher Farm. The installation of a new freezer will enable the farm to be more efficient in its juice pressing with larger production runs and store more frozen products on-site. It will also enable them to be more efficient in its beef processing, with less trips to the processor, which is located 100 miles away. The irrigation equipment will increase productivity of farm crops and potentially help minimize losses due to freezes. The next AFID Infrastructure grant round will open in 2024. Details will be provided by VDACS, and the City will query local farms for interest. • Considerations: The total award for this grant is $27,500. There is a dollar-for- dollar match requirement. The public purpose for the City's match is to support local food production and sustainable agriculture. The $55,000 will be provided to the City of Virginia Beach Development Authority (VBDA), and the VBDA will have a future action item to provide the grant to Cullipher Farm. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance, Disclosure Recommended Action: Approval Submitting Department/Agency: Agriculture Department City Manager: -'? 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE GOVERNOR'S AGRICULTURE AND 3 FORESTRY INDUSTRIES DEVELOPMENT FUND 4 INFRASTRUCTURE GRANT PROGRAM AND TO 5 AUTHORIZE A LOCAL GRANT MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $27,500 from the Governor's Agriculture and Forestry Industries 11 Development Fund Infrastructure Grant Program is hereby accepted and appropriated, 12 with state revenue increased accordingly, to the City of Virginia Beach Development 13 Authority (VBDA) for the VBDA to administer a grant for the installation of a new freezer 14 and additional irrigation equipment at Cullipher Farm. 15 16 2. $27,500 from the General Fund Reserve for Contingencies is hereby 17 provided to the VBDA to allow the VBDA to provide the required grant match. 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: udget an anagement ervices - • Attorney's Office CA16314 R-2 September 26, 2023 - f DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize T 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: Cullipher Farm .Inc 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 Self,Jane D. Culliphe.r your tax return Financial Services (include_ Towne Bank El lending/banking institutions and Princess Anne Road current mortgage holders as Virginia Beach, VA, 23456 applicable) Wolcott Rivers Gates Bendix Road le a Cl Legal Services Le Virginia Beach, VA 23454 n Q Broker/Contractor/Engineer/Other Service Providers CERTIFICATION;: 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 it changes prior to the Council action upon this Application. Jane D Cullipher 9/13/2023 APPLICANT''S.SIGNATURE PRINT NAME DATE „,,I�"r c'� jiFf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $10,174 from the Virginia Beach Library Foundation to the Department of Public Libraries MEETING DATE: October 3, 2023 • Background: The Department of Public Libraries ("VBPL”) provides access to a broad range of resources, services and tools to meet the needs of the City's diverse community. In 2017-2018, VBPL introduced iPads in the children's spaces of its branches that included thoroughly researched educational apps focusing on early literacy and STEAM (science, technology, engineering, arts, and mathematics) skills for youth of all ages. Over time these iPad stations have become a standard feature of VBPL's children's spaces. However, after several years and daily interaction, the iPads are rapidly reaching the end of their lives. To ensure that the iPad stations remain operational for the community's children to learn from and enjoy, the Virginia Beach Library Foundation has approved $10,174 to purchase 25 iPads to replace the existing devices. In addition to the iPads, the VBLF's donation covers a subscription to the City's Mobile Device Management system per device for one year. • Considerations: The Virginia Beach Library Foundation is donating the funds to VBPL for the purchase of the iPads and the first year of subscriptions. After the initial one-year MDM subscription, VBPL will fund subsequent years of the subscription through its operating budget. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager://8 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $10,174 FROM THE VIRGINIA BEACH LIBRARY 3 FOUNDATION TO THE DEPARTMENT OF PUBLIC 4 LIBRARIES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $10,174 is hereby accepted from the Virginia Beach Library Foundation and 10 appropriated, with revenues increased accordingly, to the Operating Budget of the 11 Department of Public Libraries to purchase iPads for the children's spaces at various 12 library branches. 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 Cit ttorney's Office CA16321 R-1 September 20, 2023 MU^11 ¢ S, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Virginia State Police to Address Auto Theft MEETING DATE: October 3, 2023 • Background: Theft of motor vehicles and vehicle parts, particularly catalytic converters, has dramatically increased and resulted in millions of dollars in replacement and repair costs to Virginia residents. Incidents of violent carjackings have also increased. The Help Eliminate Auto Theft(HEAT) program through the Virginia State Police allocates funds to provide financial support for the auto theft investigation efforts of the state and local law enforcement agencies. The City has been awarded $9,595 to purchase equipment that will be used for investigating vehicle thefts or promoting the prevention of vehicle theft, such as electric engravers, ramps, and high heat resistant paint for catalytic converter etching. • Considerations: The total award for this grant is $9,595. No local match is required. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: / 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA STATE POLICE TO 3 ADDRESS AUTO THEFT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $9,595 is hereby accepted from the Virginia State Police and appropriated, with 9 state revenue increased accordingly, to the FY 2023-24 Police Department Operating 10 Budget for the reimbursement of equipment purchased to investigate auto theft or to 11 prevent auto theft as part of the Help Eliminate Auto Theft (HEAT) program. 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: 4ti ei,,ebttit, B dg and Management Services it or ey's Office CA16308 R-1 September 13, 2023 uk CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $43,231.90 from the Sale of Equipment to the Fire Department for Virginia Task Force 2 Team MEETING DATE: October 3, 2023 • Background: In Fiscal Year 2022, Public Works' Fleet Management Division worked with the Fire Department to sell four vehicles for a total of$43,231 .90. All vehicles were used by the Virginia Task Force 2 Team (VA-TF2). Two vehicles were John Deere Gators ($16,044.00) that no longer met the safety requirements for the program. The other two vehicles were 2005 Ford F-350s ($13,687.90) and ($13,500.00). All vehicles were purchased with Federal Emergency Management Agency (FEMA) Cooperative Agreement Grant funds. The Department has obtained permission from the FEMA Urban Search and Rescue Program Office to utilize the proceeds from the sale of the vehicles to purchase replacement vehicles for VA-TF2's rolling stock fleet. • Considerations: If approved, the Fire Department will work with the Fleet Management Division to purchase new vehicles. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 0-9 1 AN ORDINANCE TO APPROPRIATE $43,231.90 2 FROM THE SALE OF EQUIPMENT TO THE FIRE 3 DEPARTMENT FOR THE VIRGINIA TASK FORCE 2 4 TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $43,231.90 from the sale of equipment is hereby appropriated, with revenue 10 increased accordingly, to the FY 2023-24 Operating Budget of the Fire Department for 11 the Virginia Task Force 2 Team to be used to purchase new vehicles. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -4:"`"J'efiE°57`td6WD Budget and Management Services ttorney's Office CA16320 R-1 September 20, 2023 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Appropriate Revenue for the Drug Treatment Court MEETING DATE: October 3, 2023 • Background: The Virginia Drug Treatment Court Act requires participants in drug treatment courts to contribute to the cost of substance use treatment. The Virginia Beach drug treatment court collects a monthly drug court fee of $50 for participation in the various programs associated with the special court. The fee revenue is intended to offset the cost of program supplies and activities such as drug court graduations. The local drug treatment court is a collaboration by the Office of the Commonwealth Attorney, the Circuit Court, Probation and Parole, Community Corrections, the Department of Human Services, the Public Defender's Office, the Police Department, the Sheriffs Office, and the Office of the City Attorney. The goal of this court is to rehabilitate non-violent felony offenders with a history of substance use and provide them with an alternative to prison to change their long-term behavior. To qualify for the program, offenders must reside in Virginia Beach, must have a pending violation of probation, may not have a violent criminal history, may not have any prior convictions for "possession with intent to distribute" drugs, and must have a previously suspended jail or prison sentence exceeding 12 months. On March 1, 2023, the court began collecting fees to comply with the Virginia Drug Treatment Act. • Considerations: The attached ordinance reflects an estimate of fee revenue. If approved, the funds will be used to purchase supplies, such as binders, dividers, and card stock paper, along with incentives, such as sobriety medallions. Additionally, this funding will be used to support graduations to provide cap and gowns, plaques, commemorative gifts, and refreshments at graduation receptions. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinances Recommended Action: Approval Submitting Department/Agency: Commonwealth's Attorney's Office of Virginia Beach City Manager:f 1 AN ORDINANCE TO APPROPRIATE REVENUE FOR THE 2 DRUG TREATMENT COURT 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 Estimated fee revenue of $5,000 is hereby appropriated, with revenue increased 8 accordingly, to the FY 2023-24 Operating Budget of the Office of the Commonwealth 9 Attorney for the purchase of supplies and to support the operations of the drug treatment 10 court. 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 • rney s Office CA16317 R-1 September 19, 2023 L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS - CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL J[JSTICE BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOUTHSIDE NETWORK AUTHORITY URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** a**srw<er*aws+*******+**4*stts+sa** 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 TCheliusAvbgov.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/reqister/r4ae45c87f09bdf65d5c6cad1141 b72b2 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 3, 2023. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E S DATE:09/19/2023 PAGE: 1 R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A . O O E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN CITY COUNCIL'S BRIEFINGS A. PUBLIC HEALTH UPDATE Dr.Caitlin Pedati, Director—Virginia Beach Public Health B. FLOOD PROTECTION PROGRAM& Jeffrey Waller,P.E., CAPITAL IMPROVEMENT UPDATE Chair—Flood Prevention Bond Referendum Oversight Board Leisha Pica,Program Manager—Jacobs Engineering C. DOMINION ENERGY EASEMENTS Tim Copeland,Real UPDATE Estate Agent—Public (Requested by Mayor Dyer) Works D. SPECIAL ELECTION COUNCIL& Dana Harmeyer,Senior CONSTITUTIONAL VACANCIES City Attorney (Requested by City Council) II-VI CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y 1. INFORMAL AND FORMAL SESSIONS September 5,2023 2. FORMAL SESSION September 12,2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION Hunger Action Month 2. RESOLUTION IN RECOGNITION Barry D.Knight PUBLIC HEARINGS 1. LEASE—FIBER OPTIC DARK CABLE TO NO SPEAKERS LUMOS TELEPHONE,LLC 2. LEASE OF CITY PROPERTY—FARMERS NO SPEAKERS MARKET Building 7,Spaces 7&8 to Creekmore's Place,LLC Building 2,Space 11 to Kempsville Florist&Gift Shop,Inc. Building 1,Space 10 and Guard House to Seasons Best Bakery,LLC Suite 815 to Beach N Seafood,LLC 3 LEASE OF CITY PROPERTY 1 SPEAKER 1,143 square feet of gravel parking area along Ocean View Avenue to B&J,Ltd.of Virginia CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:09/19/2023 PAGE: 2 R H H C L H O R A H T W W U E L EMRU A I O CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION ' VOTE I R YBK D ENRNN K.1. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Lease for a portion of City right-of- CONSENT way known as Ocean View Avenue adjacent to 4536 Ocean View Avenue for up to five (5) years K.2. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Lease with Haleigh Harper Krause CONSENT for the City-owned dwelling located at 2089 Indian River Road K.3. Resolution to REQUEST the Commonwealth ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Transportation Board approve two(2)projects CONSENT for the Transportation Alternatives Set-Aside Program for FY2024-25 and FY2025-26 and AFFIRM the City's local commitment to such projects re Pacific Avenue Pedestrian Crossings Phase II and Norfolk Avenue Pedestrian Improvements K.4. Ordinance to ADOPT a City Council Policy re ADOPTED 7-4 Y Y N Y Y Y N Y N Y N Legislative Agenda Process and Adoption Requirements(Requested by Mayor Dyer and Vice Mayor Wilson) K.5. Ordinance to AMEND City Code Section 21- ADOPTED 9-2 Y Y Y Y Y Y Y Y N Y N 407 re charges for towing and storage of vehicles(Requested by Mayor Dyer and Council Member Remick) K.6. Ordinance to EXTEND the date for satisfying ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the conditions re closing a 750 square foot CONSENT portion of an unimproved lane adjacent to the rear of 200 76th Street K.7. Resolution to SUPPORT Revenue Sharing ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Project#100058,"Centerville Turnpike Phase CONSENT HI"and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) K.8. Resolution to SUPPORT Revenue Sharing ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Project #100123, "Cleveland Street CONSENT Improvements IV"and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) K.9. Resolution to SUPPORT Revenue Sharing ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Project#100340,"Rosemont Road Phase V" CONSENT and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) K.10 Resolution to SUPPORT Revenue Sharing ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Project#100529,"Elbow Road Extended CONSENT Phase II-B"and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation (VDOT) K.11 Resolution to SUPPORT Revenue Sharing ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Project#100278,"Nimmo Parkway VII-B"and CONSENT to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S DATE:09/19/2023 PAGE: 3 R H H C L HOR A H T W W U E L EMRU A I 0 CDNCMMOL Y L 0 C Y L 0 I OUML S T AGENDA HE EMCN S A 0 0 E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN K.12 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $8,007,388 from the Department of Defense COSENT Community Investment Pilot Program; ACCEPT and APPROPRIATE$1.4-Million from the Virginia Military Community Infrastructure Grant Program and Fund; APPROPRIATE$2,031,738 from the General Fund to the FY2023-24 Police Department Operating Budget;TRANSFER such funds totaling$11,439,126 as Pay-Go funding to the FY2023-24 Capital Improvement Program Project#100536,re"Creeds Training Center Renovations" K.13 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $1.5-Million from the Virginia Department of CONSENT Transportation State of Good Repair/Primary Extension Paving Program to CIP#100401, "Street Reconstruction II"re road paving projects K.14 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $650,000 from the Carbon Reduction Program to CONSENT CIP.#100537,"Darn Neck Road/Holland Road Intersection Improvements" re stormwater infrastructure improvements K.15 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $327,820 from the United States Department of CONSENT Homeland Security to the FY2023-24 Police Department Operating Budget and TRANSFER $109,273 for a required local grant match re purchase of a replacement marine patrol vessel and electronics upgrade to a separate marine patrol vessel K.16 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $98,630 from the Department of Motor Vehicles CONSENT (DMV) to the FY2023-24 Police Department Operating Budget re overtime and equipment expenses related to speed enforcement K.17 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $67,450 from the Department of Motor Vehicles CONSENT (DMV) to the FY2023-24 Police Department Operating Budget re overtime, training, and equipment expenses related to DUI enforcement K.18 Ordinance to APPROPRIATE$599,000 to the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Virginia Beach Volunteer Rescue Squad,Inc.re CONSENT an interest-free loan to purchase two(2)new ambulances K.19 Ordinance to APPROPRIATE$587,676 from ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the Technology Trust Fund to the FY2023-24 CONSENT Clerk of the Circuit Court Operating Budget re support technological related needs and upgrades K.20 Ordinance to APPROPRIATE$20,267 from the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Virginia Department of Criminal Justice Services CONSENT to the FY2023-24 Police Department Operating Budget re social media advertisements, targeted media e-mail distribution, website advertisements,and retargeted ad purchases with the goal of recruitment of sworn personnel CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:09/19/2023 PAGE: 4 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 EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK D ENRNN K.21 Resolution to APPROVE the Modification of a ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Construction Contract re Lake Pleasure House CONSENT Outfall L.1 WYCLIFFE PRESBYTERIAN CHURCH for DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y a Modification of Conditions to a Conditional OCTOBER 17.2023 Use Permit re religious use at 1445 North Great Neck Road,2307 Millwood Road and a parcel between 2307 & 2309 Millwood Road DISTRICT 8 L.2 BURNETTE BAUM DEVELOPMENT APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CORPORATION for a Conditional Use Permit CONDITIONED,BY re car wash facility at 6213 Indian River Road CONSENT DISTRICT 1 L.3 KIDS ADVENTURE/SIKIRU ADEDOYIN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Conditional Use Permit re family day-care CONDITIONED,BY home at 5408 Larissa Court DISTRICT 1 CONSENT L.4 SPEEDGEARZ, LLC/ COVINGTON APPROVED/ 10-1 Y Y Y Y Y Y Y Y N Y Y FAMILY TRUST for a Conditional Use Permit CONDITIONED re automobile repair garage at 212 Dorset Avenue DISTRICT 4(Deferred from September 5,2023) L.5. LONDON BRIDGE DEVELOPMENT,LLC APPROVED/ 8-0 Y Y Y Y Y Y A Y A A Y for a Conditional Use Permit re bulk storage CONDITIONED,BY B B B yard at 130 London Bridge Road DISTRICT 6 CONSENT S S S (Deferred from September 5,2023) T T T A A A I I I N N N E E E D D D L.6. FRANCES ROBBINS-OMAN/ FRANCES APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ROBBINS-OMAN AND KYLE OMAN for a CONDITIONED,BY Conditional Use Permit re short term rental at CONSENT 907 Pacific Avenue DISTRICT 5 L.7. JIM LUTZ/LULU 1 LLC for a Conditional APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Use Permit re short term rental at 921 Pacific CONDITIONED,BY Avenue,Unit A&915 Pacific Avenue,Unit B CONSENT DISTRICT 5 L.8. ASCENSIONS GROUP, LLC/ AG THE APPROVED/, 11-0 Y Y Y Y Y Y Y Y Y Y Y WAVE,LLC for a Conditional Use Permit re CONDITIONED short term rental at 400 22nd Street&2106 Arctic Avenue DISTRICT 6 L.9. NICHOLAS IULIANO for a Conditional Use DENIED 9-2 Y YNY Y Y Y Y N Y Y Permit re short term rental at 505 20th'h Street DISTRICT 6(Deferred from August 15,2023). L.10. JAMIE GEORGE fora Conditional Use Permit DENIED 8-3 Y YNY Y Y Y Y N Y N re short term rental at 507 20th 1/2 Street DISTRICT 6(Deferred from August 15,2023) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S . E - S DATE:09/19/2023 PAGE: 5 R H H C L H O R A H TWW U E L EMRU A I 0 CDNCMMOL Y L 0 C Y L 0 I: OUML S T. AGENDA HE EMCN S A OPE ITEM# SUBJECT MOTION VOTE I R Y B K D ENR N N APPOINTMENTS RESCHEDULED B Y CO N S ENS U: S ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMI-TTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD ACTIVE TRANSPORTATION ADVISORY Appointed: COMMITTEE Rob Lindauer • Unexpired Term thru 6/30/2024 +3 Year Term 7/1/2024-6/30/2027 AGRICULTURE ADVISORY COMMISSION Appointed: Brandon R.Horsley Unexpired term thru 9/30/2025 Betsy N.Morris 4 Year Term - 10/1/2023-9/30/2027 BAYFRONT ADVISORY COMMISSION Appointed: Aubrey Moore Amanda Wong Samantha Volkringer Representing Student Members Student term thru 6/30/2024 CLEAN COMMUNITY COMMISSION Appointed: Katherine Rotolo Representing Student Member Student term thru 6/30/2024 COMMUNITY ORGANIZATION GRANT T REAPPOINTED: REVIEW AND ALLOCATION Robert Hofheimer— COMMITTEE Public Library Board Liaison 3 Year Term 11/1/2023-10/31/2026 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E S DATE:09/19/2023 PAGE: 6 R H H C L H O R A H TWW U EL EMRU A I 0 CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCN S A. 00 E ITEM# SUBJECT MOTION VOTE I R Y B K D ENR N N DEVELOPMENT AUTHORITY Appointed: Eric Keplinger Unexpired term thru 8/31/2025 HISTORIC PRESERVATION COMMISSION Appointed: Ann Mitchum— Representing Student Member Student term thru 6/30/2024 Reappointed: Jenna Morris— Representing Student Member Student term thru 10/1/2023-6/30/2024 HUMAN RIGHTS COMMISSION Appointed: Nicholas Lundgren— Representing Student Member Student term thru 6/30/2024 PARKS AND RECREATION COMMISSION Appointed: Clinton Mills- Representing District 3 Unexpired term thru 8/31/2025 Tracey Mitchell— Representing District 6 3 Year Term 9/19/2023-8/31/2026 Eugene Towler • — Representing At-Large 3 Year Term 9/19/2023-8/31/2026 Reappointed: Robert Hardegen— Representing District 9 3 Year Term- 9/1/2023 8/31/2026 PUBLIC LIBRARY BOARD Appointed: Tiffany Arguello James Vaterpool ., 4 Year Term 9/19/2023 8/31/2027 VIRGINIA BEACH COMMUNITY Appointed: DEVELOPMENT CORPORATION Kinte Smith Unexpired term thru 12/31/2023 +4 Year Term 1/1/2024-12/31/2027 N._ UNFINISHED BUSINESS O. NEW BUSINESS. P. ADJOURNMENT 8:27 PM