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5-3-2022 FORMAL SESSION AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 11ylp,`•g c MAYOR ROBERT M. "BOBBY"DYER,At Large S, w'` , � �'.,, 1S VICE MAYOR ROSEMARY WILSON,At Large 4c ' MICHAEL F.BERLUCCHI,Rose Hall—District 3 't% LINWOOD O.BRANCH,Lynnhaven—District 5 5 BARBARA M.HENLEY,Princess Anne—District 7 • N.D. "ROCKY"HOLCOMB,Kempsville—District 2 �r LOUIS R.JONES,Bayside—District 4 '. 0.° JOHND.MOSS,At Large °F °u. moo"' AARON R.ROUSE,At Large GUYK.TOWER,Beach—District 6 SABRINA D. WOOTEN,Centerville—District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA BUILDING 3(FORMERLY BUILDING 1) CITY MANAGER—PATRICK A.DUHANEY 2403 COURTHOUSE DRIVE CITY ATTORNEY—MARK D.STILES VIRGINIA BEACH, VIRGINIA 23456 CITY ASSESSOR—RONALD D.AGNOR PHONE:(757)385-4303 CITYAUDITOR—LYNDONS.REMIAS May 3,2022 FAX(757)385-5669 CITY CLERK—AMANDA BARNES E-MAIL:CITYCO UNCIL(a,vbfov.com MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - City Council Chamber- 2:30 PM A. VIRGINIA AFRICAN AMERICAN CULTURAL CENTER, INC. (VAACC) JUNETEENTH OCEANFRONT PROGRAM Dr. Amelia Ross-Hammond, Founder and Chairman (Requested by Council Members Berlucchi and Rouse) II. CITY COUNCIL RECONCILIATION 2:45 PM A. FY 2022-23 RESOURCE MANAGEMENT PLAN (BUDGET) Operating and Capital Budgets III. CITY COUNCIL LIAISON REPORTS 4:00 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION - City Council Chamber- 4:30 PM A. CALL TO ORDER—MAYOR ROBERT M. "BOBBY"DYER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 19, 2022 2. SPECIAL FORMAL SESSION April 20, 2022 G. MAYOR'S PRESENTATIONS 1. NATIONAL TRAVEL AND TOURISM WEEK(NTTW) John Zirkle, President, Virginia Beach Hotel Association Teri Wiley, Executive Director, Virginia Beach Hotel Association 2. MENTAL HEALTH AWARENESS MONTH Dr. Joyce Harvey, Chair, Community Service Board 3. HISTORIC PRESERVATION MONTH Bill Gambrell, Past Chair, Historic Preservation Commission 4. VIRGINIA BEACH VOLUNTEER RESCUE SQUAD 70th ANNIVERSARY Chief Matt Chiaradia 5. RESOLUTION IN RECOGNITION Jeffrey L. Smith H. PUBLIC HEARINGS 1. ACQUISITION,BY AGREEMENT OR CONDEMNATION Temporary and Permanent Easements re Elbow Road Extended Phase II-C Project, CIP 100159 (formerly CIP #2-124) 2. PROPOSED FRANCHISE AGREEMENTS a. 600 Block of 19th Street and on Cypress Avenue between 19th Street and 18th Street to Old Beach Farmers Market b. In ViBe Park, at corner of 18th Street and Cypress Avenue,to Old Beach Art Market, t/a Old Beach Art and Eco Market I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT two (2) Franchise Agreements re Open Markets on Public Property to Old Beach Art Market and Old Beach Farmers Market in the 600 Block of 19th Street, on Cypress Avenue between 19th Street and 18th Street and ViBe Park 2. Resolution to RE-ADOPT procedures for the Selection, Evaluation, and Award of Design- Build and Construction Management Contracts (Adopted June 26, 2012) 3. Resolution to AUTHORIZE the issuance of Revenue Bonds not to exceed $16-Million by the City of Virginia Beach Development Authority(VBDA)re Cape Henry Collegiate School 4. Ordinance to APPROVE the sale of School Board property at 1413 Laskin Road and ALLOW the School Board to retain the sale proceeds 5. Ordinances to ACCEPT and APPROPRIATE: a. $31,866.72 from Firehouse Subs Public Safety Foundation to the FY 2021-22 Police Department Operating Budget re purchase automated external defibrillators to be used in patrol vehicles b. $26,918.40 from the Virginia Department of Health,Office of Emergency Medical Services (EMS) to the FY 2021-22 Department of Emergency Medical Services Operating Budget re equipment and training to support rescue squad operations c. $131,226 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2021-22 Department of Human Services Operating Budget re Infant Program d. $1,914,214 from the Virginia Office of Children's Services to the FY 2021-22 Department of Human Services Operating Budget and TRANSFER $751,115 within the FY 2021-22 Department of Human Services to support the required local match re Children's Services Act Program 6. Ordinances to TRANSFER: a. $360,677 from General Fund Reserve for Contingencies to the FY 2021-22 Voter Registration and Elections Operating Budget re Primary Election on June 21, 2022 b. $15,000 from City Council Reserve for Emergent Needs to the FY 2021-22 Convention and Visitors Bureau Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with TEAM LAMB, LLC re support Juneteenth at the Beach (Requested by Mayor Dyer and Council Member Wooten) K. PLANNING 1. Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications RECOMMENDATION: STAFF-APPROVAL PLANNING COMMISSION- DENIAL 2. Ordinance to AMEND Section 201 of the City Zoning Ordinance (CZO)re setbacks for in-ground pools adjacent to the Atlantic Ocean RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER APPEAL BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY 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/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius(cc�vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e6acc7b5067b74d9dd3b9ba60393c54f7_ 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 3, 2022. I. CITY COUNCIL'S BRIEFING - City Council Chamber- 2:30 PM A. VIRGINIA AFRICAN AMERICAN CULTURAL CENTER, INC. (VAACC) JUNETEENTH OCEANFRONT PROGRAM Dr. Amelia Ross-Hammond, Founder and Chairman (Requested by Council Members Berlucchi and Rouse) II. CITY COUNCIL RECONCILIATION 2:45 PM A. FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) Operating and Capital Budgets III. CITY COUNCIL LIAISON REPORTS 4:00 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION - City Council Chamber- 4:30 PM A. CALL TO ORDER—MAYOR ROBERT M. "BOBBY" DYER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 19, 2022 2. SPECIAL FORMAL SESSION April 20, 2022 G. MAYOR'S PRESENTATIONS 1. NATIONAL TRAVEL AND TOURISM WEEK(NTTW) John Zirkle, President, Virginia Beach Hotel Association Teri Wiley, Executive Director, Virginia Beach Hotel Association 2. MENTAL HEALTH AWARENESS MONTH Dr. Joyce Harvey, Chair, Community Service Board 3. HISTORIC PRESERVATION MONTH Bill Gambrell, Past Chair, Historic Preservation Commission 4. VIRGINIA BEACH VOLUNTEER RESCUE SQUAD 70th ANNIVERSARY Chief Matt Chiaradia 5. RESOLUTION IN RECOGNITION Jeffrey L. Smith JVc0IA•BEAch� 4 Gr c 99ts� 5 0�c� Op OUR NAr0� liar°etaination Whereas: Established-in 1983 6y a congressional resolution,WationalTrave(andTourism Week(sflITO is an annua(tradition heldfor the VS. travel community to unite and recognize the value the travel industry holds for our economy, businesses,and persona(welf-being;and, Whereas: To1Towing a two-year travel downturn,America is now embracing travel recovery and return to growth with great optimism fora promising future as travelers eagerly return to the road to explore our great country;and Whereas: In Virginia Beach,a passionate contingency of more than 15,000'hospitality heroes"stand ready to provide guests to our city with the first-class customer service and Southern hospitality Virginia Beach is known for,and Whereas: cDunng.V ITW,, the citizens of the Virginia Beach community offer special thanks and gratitude to these stalwart advocates of the industry we hold near and dear to our hearts and is the heart of our City. Wow,'Therefore I,Rp6ert 901. "Bobby"Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: !Kay 1 — 7, 2022 %ztiona(Trave1 eZ Tourism Week In Virginia Beach,andI encourage all-citizens to observe this weekwith appropriate ceremonies and activities. In Witness Whereof, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to be affixed this Third(Day of ,fay,Two Thousand and Twenty-Two. RobYecl,÷ obby (Dyer K - , 'Mayor � _ f,' rL 0. 1A•BE,40 ``O t F �4; , '' r S OF OUR mixoolk ' ro damation Whereat: Mental health is essential to every indiividual's overall health and weir being;and Whereas: Alfintviduals face challenges at some point in fife that can impact their mental hearth;and 'Whereas: Mental illness affects people of alrages,races,ethnicities,and income levels in Virginia Beach;and Whereas: Over half of adults with a mental illness do not receive treatment;and Whereas: 'Feelings of personalshame and fears of social stigma and discrimination prevent many living with mental illness from seeking help;and Whereas: 'Untreated mental illness leads to higher rates of emergency department visits,hospitalizations, incarcerations,school dropouts,and suicides;and Whereas: 'The mental health of every citizen is essential to the emotional and economic prosperity of our families,neighborhoods,and businesses;and Whereas: Yenta(health conditions are treatable and-with early intervention individuals can recover to lead full;productive lives;and Whereas: Increasing the awareness of mental illness can reduce the stigma around mental illness thus reducing community fear,mistrust,andviofence against people with mental illness,who are signantfy more likely to be victims than perpetrators of violent crimes;and Whereas: greater public awareness about mental wellness can positively transform attitudes about,and towards people with mental illness,making it easier for our citizens to seekhelp;anti- Whereas: Each business,school;government agency,healthcare provider,organization and citizen share the responsibility to promote mental wellness and support prevention efforts. Mow,'Therefore I,Rp6ert M. "Bobby'Dyer,Mayor of the City of Virginia(Beach,Virginia,do hereby proclaim: May 2022 Mental�feafh Awareness Month In'Virginia Beach,I call upon aff citizens,government agencies,public and private institutions, businesses,and schools in Virginia Beach to recommit our community to increasing awareness and understanding of mentaf health as we strive to create communities within the City that support mental wellness 6y increasing access to treatment, educating ourselves and our communities about mental wellness and mental illness,and supporting our citizens as they seekto improve their mentalheafth. In Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia (Beach, Virginia, to be affixed this Third-Day of May,Two Thousand antTwenty-Two. l • 1 7 > _ t Robert M " obby"(Dyer �* Mayor };- -, y 4\ ,,t��'•BE 4c . . �r s99�s et' of ouR NAroecs Vrottamation '' WXE4MS: The National Trust for Historic Preservation created Preservation'Weekin 1973 to spotlight grassroots efforts in historic preservation in America;and W lEWAS: President i(jchardM.Nion signeda resolution designating the weekof May 6 to 12,1973 as National Preservation'Week and a_f `4 E4)7S: The National-Trust e anded the celebration.to a month-long observance in 2005;and 1411E JAS' States and communities across the countrynow recognize the month ofMa as Historic Preservation Mont and' g y �,� fit. W31EEtS: Virginia Beach has 23 individual'historic properties ands historic districts listed in the National"Rcgister ofgiistoric Places;and W ERfiS.. 'Virginia Beach has 79 historic properties listed in the'Virginia Beach Historical&gister,and WI1EWIS: 'The'Virginia Beach City Council established the?fistoric Preservation Commission in 2008 to advise them on all issues related to the preservation of historic buildings,structures,and sites in the city;and WI EWAS: The City of Virginia(Beach was designated Certified Local cavernment by the WationalParkService in 2016,recognizing that 'Virginia Bmch has put key elements of a sound preservation program in place for our community;and WHIE AS' The Historic Preservation Commission recognizes that the majority of the workof historic preservation is done by interested individuals in local communities with the encouragement of local;state andfederalgovernments;and WNER EAS: The theme of 9 iistoric Preservation Month 2022 is People Saving Places,and W eE4 S: 'The Commission recognizes the workof Biltgambrellto preserve two historic beach cottages on 23*Street,the'Winston Cottage and- the(Doctor Taylor's Cottage;and WW1lrE4W7S <B ill çambrelt was an original appointee to the H Historic Preservation Commission in 2008 and participated on the Commission through 2021,and Wia S: Bill-GambrelI served as Chair of the Commission from 2017 through 2019;and WXE AS: During Bill Gambre('s chairmanship,the Virginia Beach gusto-Tic Preservation Commission was recognized'by Preservation Virginia with the 2019?(atherine Glaize RgckjvoodAwardforOutstanding Community Preservation,and WXE4 A,S: Bill"Gambrel'.continues to exemplify the positive impact that individual citizens have on preserving the historical character of the community;and WXEXEA.S: The Mayor and City Council support the preservation of Virginia Beach's diverse and rich heritage and historic resources. NOW<l EP0 I,Rg6ert M.(Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim: 5%lay 2022 ZStoric Preservation Monti In Virginia:Beach,and f irthermore caIT upon the citizens,government agencies,public and private institutions,businesses,and schools in'Virginia Beach to recognize the importance ofNistoric Preservation in maintaining the historical identity of the city and to commemorate this month with appropriate activities. In WWiitness'Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,Virginia,to 6e affixed this Third(Day of May, Two Thousand-Twenty-Two. .� fig T. Rom * Bert M."Bobby'Dyer, , •��.-� ���. � Y •Fes. Mayor k -1 -. .. R S a� ? u u • a 5 s� �Yi� r `21� sa t_ t�r`f OF OUR NA'n°� RESOLUTION WHEREAS: In the small"village"of Virginia Beach on a cold December afternoon in 1951,attorney J.Peter Holland III found himself at the scene of an accident.A local woman had been struck by a car near the corner of 24th Street and Atlantic Avenue,but there was no ambulance available until an hour later.He and some friends worked to establish an active volunteer ambulance service in Virginia Beach,and on May 1, 1952,the Princess Anne-Virginia Beach Rescue Squad,Inc.began operations;and WHEREAS: With the incorporation of the City of Virginia Beach and Princess Anne County in 1963,the growing demand for emergency medical services necessitated the formation of other rescue squads operating within fire stations.But the membership of the Virginia Beach-Princess Anne Rescue Squad elected to remain an independent organization operated by volunteers on a 24-hour basis,with no charge for services.In 1963,it also voted to change the name of the squad to Virginia Beach Rescue Squad,Inc.(VBVRS);and WHEREAS: In 1972,the squad was in need of daytime volunteers,and for the first time,seven women were recruited.That same year,the Emergency Coronary Care Program was established in Virginia Beach,and the very day of graduating from the program,VBVRS members had a successful conversion of a patient in cardiac arrest,the first ever performed by a volunteer squad;and WHEREAS: Population was growing,the oceanfront was busier than ever,and demand for services became hard to keep up with.To avoid the same fate that happened to the all-volunteer fire service,the squad launched the first-ever volunteer recruitment campaign in March of 1988,which was a huge success;and WHEREAS: To accommodate long-range growth,the squad needed a new station,and the City provided land on 17th Street and an interest-free construction loan.Ground was broken on January 11, 1995,and the nine squad vehicles and nearly 100 male and female volunteers had a home—in a state-of-the-art facility that became Station 14;and WHEREAS: In 2006,a dedicated,skillful VBVRS team competed in the International Rescue and Emergency Care Association's competition against teams from all over the world.VBVRS was the only team that was all-volunteer.And VBVRS was the only team who came out on top.The following year,the Virginia Beach Rescue Squad Foundation,born out of VBVRS,expanded its mission to include support for the entire rescue system;and WHEREAS: Towards the end of the decade,with a strong need for EMS services in the Great Neck area,Station 8 was built with funds from the Foundation and the community.VBVRS was committed to manning both stations 24/7 to serve neighbors in need;and WHEREAS: Today,Virginia Beach's population has grown to nearly a half million,with millions more visiting each year.And still,the Virginia Beach Volunteer Rescue Squad continues to serve the City's needs 24/7.With almost 200 operational and support members,VBVRS answered more than 15,000 calls for service in 2021,never faltering even through two years of a risky pandemic.The Virginia Beach Volunteer Rescue Squad continues to stand ready,night and day,fair weather and foul,to answer the next cry for help. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize the Virginia Beach Volunteer Rescue Squad on its 70th Anniversary and celebrates the long relationship the City has had with VBVRS. Adopted by the Council of the City of Virginia Beach,Virginia the 3`I day of May 2022 and present this Resolution duly signed by each Member of the Virginia Beach City Council with a copy spread upon the Minutes of this meeting. "14*614611-4:'e 0,*4**** (-- 15010 tili.4-1/d — Councif3fem6er 3lichaerT.Berfuccht Council 9Kem6er Linwood O.Branch CouncifAtem6erBa ara M.Iler ____*_____ Council-11 erN.D. ` 'Yfofcom6 Council31em6er uis R,Jones TMem6er D.`Koss C9ii/--- /----- ---.."""''"— %g1/444:`I•6(ite-6 ---- CounciL31em6erAaron X Rpuse Council3fem6er Guy X Tower Council'Stiem6erSa6rina D.Wooten Vice' ayose: on ryfayor Xo6 3f. "Bo "Dyer rtaIABk 6,Sett.. e. i _ A,' & r ith,,,,,, GF OUA NA: :a•°ir V _ RESOLUTION WHEREAS:Jeffrey L.Smith has been an instrumental figure in supporting small, women, and minority owned businesses in Virginia Beach;and WHEREAS: Mr. Smith graduated with a Bachelor's in Business Administration and Finance from Norfolk State University, a Masters in Human Resource Management and Organization Development from American University, and completed the LEAD Executive Training Program through the Weldon Cooper Center at the University of Virginia;and WHEREAS: His career has been a model for public service, beginning with the City of Norfolk from 2002-2012. With the City of Norfolk, Mr. Smith held positions with Fleet Management,Facility Management,and Department of Neighborhood and Leisure Services. In Norfolk's Office of Grants Management, he was the Senior Grants Program Manager, administering funds for various City support programs.Additionally,he worked as a Business Development Manager for Empowerment 2010,Inc.,a federal program to enhance childcare, transportation, and job training for low-income residents looking for employment; and WHEREAS: He joined the City of Virginia Beach in 2013 with the Department of Economic Development, and worked his way up to Business Development Coordinator, facilitating numerous business expansions;and WHEREAS: As a Business Development Coordinator with the City of Virginia Beach,Mr. Smith led the opening of the Small Business Resource Center, The Hive, and has proactively worked with local educational and private sector entities to provide service delivery within The Hive. Under Mr. Smith's leadership, a small business workshop series and a small business forum was developed in order to facilitate training and promote business opportunities for the community;and WHEREAS: During the COVID-19 Pandemic, in partnership with LISC Hampton Roads and United Way of South Hampton Roads, he oversaw the grant fund program to provide aid to small businesses;and WHEREAS: Mr. Smith has actively served on the Advisory Council of Kempsville High Schools'Entrepreneurial Academy providing learning opportunities for the students inside and outside the classroom, and as a result they are recognizing him with the 2022 Virginia Beach City Public Schools Model Partner award;and NOW THEREFORE,BE IT RESOLVED: The Virginia Beach City Council honors Jeffrey L.Smith for his efforts to serve the community and his work towards supporting Small, Women,and Minority owned-businesses throughout Hampton Roads and Virginia Beach. JEFFREY L. SMITH Adopted by the Council of the City of Virginia Beach, Virginia the 3rd day of May, 2022 and present this Resolution duly signed by each Member of the Virginia Beach City Council with a copy read upon the Minutes of this meeting. L0514 (.......eo. &Litail t, ill• -' 1' Council Member Michael T.Berlucchi Council Member Linwood O.Branch Council Member Barhara W.J-fen s: • hqiCkli k I //kV Council Me 6erN. om Council Wernher L is R:Jones Joos Counci[Mem6erAaron R;Rouse Coun47z M Guy x Tower Council) ember Sabrina D. Wooten i&e..1-4+•--- Vice Mayor emary Wilson Jtayor e.den M. o66y"Dyer H. PUBLIC HEARINGS 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Temporary and Permanent Easements re Elbow Road Extended Phase II-C Project, CIP 100159 (formerly CIP #2-124) 2. PROPOSED FRANCHISE AGREEMENTS a. 600 Block of 19th Street and on Cypress Avenue between 19th Street and 18th Street to Old Beach Farmers Market b. In ViBe Park, at corner of 18th Street and Cypress Avenue, to Old Beach Art Market, t/a Old Beach Art and Eco Market vy I1- aate °:‘Vksi,..,y %b an4' t�tiv PUBLIC HEARING ACQUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 p.m. on Tuesday, May 3, 2022 in the Council Chamber, Building 3(formerly Building 1)at the Virginia Beach Municipal Center, Virginia Beach, Virginia on the proposed acquisition, by agreement or condemnation, of property in fee simple and temporary and permanent easements,necessary for the Elbow Road Extended Phase II-C Project,CIP 100529(formerly CIP 2-124).The purpose of this hearing will be to obtain public input regarding authorizing condemnation,if necessary,for this project. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired,call 1-800-828- 1120(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate,Building#23,2473 N.Landing Road,at the Virginia Beach Municipal Center,(757)385- 4161. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at https://vbgov.webex.com/vbgovionstageig.phOMTi D=e6acc745067b74d90d3b9ba60393c54f7 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on May 3,2022. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk BEACON:APRIL 24,2022 •, lj! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of property in fee simple for Elbow Road Extended Phase II-C Project, CIP 100159 (formerly CIP #2-124) and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: May 3, 2022 MEETING DATE: May 17, 2022 • Background: On February 18, 2020, Council adopted an Ordinance 3613A approving the major design features and authorizing the acquisition of property for Elbow Road Extended Phase II-B Project, CIP #2-152, either by agreement or condemnation. Elbow Road Extended Phase II-C (the "Project") will construct the additional two lanes of the ultimate four-lane roadway from Indian River Road to Salem Road. The Project is one portion of three phases comprising Elbow Road Phase II (with Phases II-B and II-D). The Project will add two lanes to the realigned roadway to a proposed intersection with Indian River Road established by the Elbow Road — Phase II-B project. The Project's proposed alignment includes a 1,050-linear-foot bridge spanning the North Landing River floodplain, which will elevate the roadway an additional 12 feet above the existing roadway's river crossing. The Project also includes curb, gutter, drainage improvements, LED streetlights, noise barrier walls, as required, and landscaping. This $25-million Project phase was first mentioned in the FY17/18 CIP. A fully funded plan for the Project— including federal and state funds —was established in FY17/18 CIP with the award of additional Regional Surface Transportation Program (RSTP)funds from the Hampton Roads Transportation Planning Organization (HRTPO). 13,500 vehicles travel the two-lane, rural road conditions of Elbow Road between Indian River Road and Salem Road each day. This volume is projected to more than double over the next 20 years. This segment of Elbow Road ranked 22 out of 289 road segments based on a 3-year (2016, 2017 & 2018) crash rate analysis. • Considerations: The Project will require property and easements from six (6) privately owned parcels and one City-owned parcel. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. • Public Information: The last Citizen's Information Meeting (CIM) on both Elbow Road Phase II and Indian River Road Phase VII was held on June 7, 2018. A public hearing will be held on May 3, 2022, and public notice of the item will be provided via the normal City Council agenda process. • Alternatives: Deny the request and risk delaying this long overdue Project and affecting construction start dates provided to the public, HRTPO and VDOT. • • Recommendations: Approval. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR ELBOW ROAD EXTENDED PHASE II-C 4 PROJECT, CIP 100159 (FORMERLY CIP #2- 5 124)AND THE ACQUISITION OF TEMPORARY 6 AND PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important roadway project to improve 11 transportation within the City and for other related public purposes for the preservation of 12 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 13 people in the City of Virginia Beach. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1 . That the City Council authorizes the acquisition by purchase or 19 condemnation pursuant to Sections 15.2-1901 , et seq., Sections 33.2-1007, et seq., and 20 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 21 simple, including temporary and permanent easements and entire tracts upon which such 22 rights-of-way or easements shall be located, within the limitations and conditions of Section 23 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 24 plans entitled "ELBOW ROAD EXTENDED PHASE IIB AND IIC FROM: VIRGINIA BEACH 25 / CHESAPEAKE CITY LINE TO: SALEM ROAD CIP NO. 100529 (2-152) & 100159 (2- 26 124) CIP NO. 100158 (5-148),"(the "Project"), and more specifically described on the 27 acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the 28 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 29 Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be made 32 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 33 offer to the owners or persons having an interest in said Property. If refused, the City 34 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to 35 condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 3 8 , 2022. CA15610 PREPARED: 3/4/22 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d002\p040\00786803.doc R-1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 74- Au. PUBLIC WORK /REAL ESTATE CITY ATTORNE 7 FERRELL PW� .off/ **,:11C40,4,..__,A ' ��F��������IR����� - - t-_!/� , S .trs L��.,/�rr��r���� �e 1 - -. ',;„.. ems.',=PW V V' s , �.� Lam] I � �Mp �� ��tr �z���= --1=- - W ��/�� E LYNNHA�EN S�, _,,,,,� .0,so � 8 L f t,1 1immirmi 'Y,4, �. 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NA�� c� ' `4 ' ®gyp® s�, �N*_ktp 4 1 ,-4.,,- v woo " /,‘--* ..,r,, -44 rip ,;;./:silo p 41:70 i op le o , "" # s,, 4,' 44 s 0-0 4;•_". 111 41t4fre. 4',., , „ l'jil'er jittotri:'49 �� <� LOCATION MAP .o0\��� d ELBOW ROAD PHASE IIC A CIP 2-124 Prepared by P.W/Eng./Eng.Support Services Bureau 03/22/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\Elbow Rd Phase IIC ,......k...._ ,,..!.A.1%,,,;ii,..„ ..„,.,., �a ,, ,.FF, 4'9. iii cFGa!`o PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M.on May 3td,2022,in the City Council Chamber regarding two proposed franchise agreements for open air markets on City-owned property located at the following locations: 1. 600 block of 19t^Street and on Cypress Avenue between 190 Street and 18th Street to Old Beach Farmers Market 2. In ViBe Park,located on the corner of 18th Street and Cypress Avenue,to Old Beach Farmers Market to Old Beach Art Market,t/a Old Beach Art and Eco Market The purpose of the Hearing will be to obtain public comment on the proposed use of City property. Copies of the franchise agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchise should be directed to Lisa Bleakley,Resort Management Office,by calling(757)385 4800. 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 httDs://v bgov.we bex.com/vbgov/onstage/g.DhD?M T I D=e6acc7b5067b74d9dd3b9ba60393c54f7 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on May 3,2022. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-APRIL 24,2022 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT two (2) Franchise Agreements re Open Markets on Public Property to Old Beach Art Market and Old Beach Farmers Market in the 600 Block of 19th Street, on Cypress Avenue between 19th Street and 18t Street and ViBe Park 2. Resolution to RE-ADOPT procedures for the Selection, Evaluation, and Award of Design- Build and Construction Management Contracts (Adopted June 26, 2012) 3. Resolution to AUTHORIZE the issuance of Revenue Bonds not to exceed $16-Million by the City of Virginia Beach Development Authority(VBDA)re Cape Henry Collegiate School 4. Ordinance to APPROVE the sale of School Board property at 1413 Laskin Road and ALLOW the School Board to retain the sale proceeds 5. Ordinances to ACCEPT and APPROPRIATE: a. $31,866.72 from Firehouse Subs Public Safety Foundation to the FY 2021-22 Police Department Operating Budget re purchase automated external defibrillators to be used in patrol vehicles b. $26,918.40 from the Virginia Department of Health,Office of Emergency Medical Services (EMS) to the FY 2021-22 Department of Emergency Medical Services Operating Budget re equipment and training to support rescue squad operations c. $131,226 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2021-22 Department of Human Services Operating Budget re Infant Program d. $1,914,214 from the Virginia Office of Children's Services to the FY 2021-22 Department of Human Services Operating Budget and TRANSFER $751,115 within the FY 2021-22 Department of Human Services to support the required local match re Children's Services Act Program 6. Ordinances to TRANSFER: a. $360,677 from General Fund Reserve for Contingencies to the FY 2021-22 Voter Registration and Elections Operating Budget re Primary Election on June 21, 2022 b. $15,000 from City Council Reserve for Emergent Needs to the FY 2021-22 Convention and Visitors Bureau Operating Budget and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with TEAM LAMB, LLC re support Juneteenth at the Beach (Requested by Mayor Dyer and Council Member Wooten) ;,..kz........p CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Two Franchise Agreements for Open Markets on Public Property MEETING DATE: May 3, 2022 • Background: The City Council adopted an ordinance on March 19, 2019 granting franchise agreements for Old Beach Art Market and Old Beach Farmers Market to operate on the 700 block of 18th Street in ViBe Park. The franchise agreements had a term of one year, with the option for two additional one-year extensions, and the markets operated on Saturdays only. Old Beach Art Market and Old Beach Farmers Market operated open air markets in the public right-of-way from 2019 until 2022. ■ Considerations: Old Beach Art Market and Old Beach Farmers Market (collectively, "Franchisees") wish to continue operating markets on public property. The Franchisees are requesting to operate markets on public property on the 600 block of 19th Street, on Cypress Avenue between 19th Street and 18th Street and in ViBe Park. The Franchisees are requesting to operate every Saturday during the term of the agreements. The proposed franchise agreements give the City discretion to exclude certain dates of operation, as determined by the Resort Management Office. The term of the proposed franchise agreements is one year, commencing on June 1, 2022 and ending on May 31, 2023, with the option for two one-year renewals upon the mutual written agreement of the City and the Franchisees. The Resort Advisory Commission, as well as Police, Fire, EMS, Public Works, and the Resort Management Office, reviewed and approved the proposed dates and locations of operation of the markets. • Public Information: A public notice was published in The Beacon on April 24, 2022. • Attachments: Ordinance, Disclosure Forms, Summary of Terms Recommended Action: Adopt Ordinance Submitting Depa mentlAgency: Resort Management Office#.- City Manager: oh9 1 AN ORDINANCE GRANTING TWO 2 FRANCHISE AGREEMENTS FOR OPEN 3 MARKETS ON PUBLIC PROPERTY 4 5 WHEREAS, the City Council adopted an ordinance on March 19, 2019 granting 6 franchise agreements for Old Beach Art Market and Old Beach Farmers Market to 7 operate on the 700 block of 18th Street in ViBe Park; 8 9 WHEREAS, the franchise agreements had a term of one year, with the option for 10 two additional one-year extensions, and the markets operated on Saturdays only; 11 12 WHEREAS, Old Beach Art Market and Old Beach Farmers Market operated 13 open air markets in the public right-of-way from 2019 until 2022; 14 15 WHEREAS, Old Beach Art Market and Old Beach Farmers Market (collectively, 16 "Franchisees") wish to continue operating markets on public property; 17 18 WHEREAS, the Franchisees are requesting to operate markets on public 19 property on the 600 block of 19th Street, on Cypress Avenue between 19th Street and 20 18th Street, and in ViBe Park; 21 22 WHEREAS, the Franchisees are requesting to operate every Saturday during the 23 term of the agreements; 24 25 WHEREAS, the proposed franchise agreements give the City discretion to 26 exclude certain dates of operation, as determined by the Resort Management Office; 27 28 WHEREAS, the term of the proposed franchise agreements is one year, 29 commencing on June 1, 2022 and ending on May 31, 2023, with the option for two one- 30 year renewals upon the mutual written agreement of the City and the Franchisees; and 31 32 WHEREAS, the Resort Advisory Commission, as well as Police, Fire, EMS, 33 Public Works, and the Resort Management Office, reviewed and approved the 34 proposed dates and locations of operation of the markets. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH: 38 39 1. That the City Council hereby authorizes the grant of two franchise agreements 40 for open markets on public property for Old Beach Art Market and Old Beach 41 Farmers Market. 42 43 2. That the City Manager, or designee, is hereby authorized to execute Franchise 44 Agreements for open air markets with Old Beach Art Market and Old Beach 45 Farmers Market in accordance with the attached Summary of Terms and such 46 other terms and conditions deemed necessary and sufficient by the City Manager 47 and in a form approved by the City Attorney. 48 Adopted by the City Council of Virginia Beach, Virginia on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Resort Management Office City Attorney's Office CA15771 R-1 April 20, 2022 Summary of Terms Franchise Agreements for Open Markets on Public Property Franchisees: (1)Old Beach Farmers Market (2)Old Beach Art Market. Nature of Franchise: Old Beach Farmers Market will operate open markets on public property in the 600 block of 19th Street and on Cypress Avenue between 19th and 18th Streets. Old Beach Art Market will operate open markets on public property in ViBe Park. Term: June 1,2022 through May 31,2023,with the option for 2 one-year renewals. Franchisees are authorized to operate on every Saturday during the term of the agreement. Franchise Fee: $200 for the term. Non-Exclusive Franchise: The City is authorized to grant other franchises. Relocation option: The City has the right,at its sole discretion,to relocate the markets to the 600 block of 18th Street. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: a. Franchisee shall design the open air market site to allow for emergency vehicle access at all times. b. Franchisee shall adhere to the operational parameters and public safety concerns established by City departments, including, but not limited to, Police, Fire, EMS, Public Works and Resort Management. This includes providing adequate DCJS certified private security personnel, certified traffic monitors, placement of approved traffic equipment, and obtaining permits required by the Health Department. c. Franchisee shall provide one portable ADA restroom facility for each one hundred and fifty (150) patrons on the premises, or shall install signs on City property directing patrons to existing restrooms located in an adjacent business establishment. d. A minimum of three waste disposal containers and three recycle containers shall be installed by Franchisee on the premises. e. Franchisee shall remove all temporary structures,clean all City property and properly dispose of waste and recycle materials by 1:00 pm each day. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $1,000,000 combined single limits. Termination: City may terminate agreements with or without cause. FRANCHISE AGREEMENT THIS AGREEMENT is made and entered into this day of , 2022,by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("City"),and OLD BEACH ART MARKET, t/a OLD BEACH ART AND ECO MARKET, having a principal place of business at 620 19th St, Virginia Beach, Virginia ("Grantee"). The parties to this Agreement, in consideration of the mutual covenants and stipulations set forth below, agree as follows: 1. Conditions of Grant of Franchise a. It is expressly agreed and understood by Grantee that the grant of the franchise described herein is conditional, the grant of such franchise being conditioned upon Grantee's compliance with the operational criteria set forth in Section 7 and upon Grantee's obtaining all required permits and licenses, including, without limitation, business license, and any required state licenses. It is expressly agreed and understood by Grantee that the failure of Grantee to obtain any one or more of the approvals, licenses, or permits required herein shall render this Agreement null, void, and of no force and effect. Grantee further expressly agrees that,in the event of any such failure by Grantee, no portion of any application fee paid or payable by or on behalf of Grantee shall be refunded. b. The grant of the franchise to Grantee shall also be subject, in addition to the foregoing conditions, to such conditions as the City may, in its discretion, impose upon Grantee. The City may deny the final approval of the grant of this franchise 2 or any other such franchise it determines, in its discretion, to be detrimental to the public health, safety, welfare, or interest. 2. Grant of Franchise a. Subject to the provisions of Section 1 of this Agreement or any other condition imposed by this Agreement or by law,the City does hereby grant and award unto Grantee a franchise to operate an open air market ("Franchise") on public property located in ViBe Park in Virginia Beach, Virginia 23451 ("Premises") for a term of one (1) year, commencing on June 1, 2022 and ending at midnight on May 31, 2023, on each Saturday ("Term"). Grantee shall only be granted access to the Premises for the purposes set forth herein, from 6:00 a.m. until 1:00 p.m., on Saturdays. At the City's discretion, the extension terms may include excluded dates set forth by Resort Management for the current Term of the Agreement. This Agreement may be renewed for two (2) additional one-year extensions upon the mutual written agreement of both parties ("Extension Terms"). The Agreement shall not be renewed beyond May 31, 2025 without City Council approval. b. The Grantee shall comply with all operating requirements outlined below. Failure of the Grantee to comply with the conditions contained herein shall constitute grounds for termination of this Agreement by the City and forfeiture of any rights conferred upon Grantee hereunder. 3. City's Right to Relocate Premises to 600 Block of 18th Street 3 The City reserves the right, at its sole discretion, to relocate the open air market contemplated herein to the 600 block of 18th Street("18th Street Location"). If the City elects to relocate the open air market to the 18th Street Location as the permanent location for the remainder of the Term of the Agreement,Grantee and the City shall execute an amendment to the Agreement. If the City elects to relocate the open air market to the 18th Street Location on a temporary or as-needed basis,the City shall notify the Grantee in writing a minimum of ten (10) calendar days before the event date. 4. Franchise Fee a. Grantee shall pay to the City,no later than June 1,2022, a sum equal to two hundred dollars ($200) as and for a franchise fee ("Franchise Fee") for the period of June 1, 2022 to May 31, 2023. The failure of Grantee, for any reason, to pay the Franchise Fee in full by June 1st shall constitute grounds for immediate cancellation of this Franchise and forfeiture of any rights conferred upon Grantee by this Franchise. The City may, but shall not be required to, extend the period of time within which payment of the aforesaid Franchise Fee shall be tendered or may, in lieu of any other remedy, treat this Agreement as remaining in full force and effect and avail itself of any and all lawful means of collecting such Franchise Fee. b. In the event of the cancellation of this Agreement or the termination of the Franchise granted hereunder prior to the expiration of its stated term, for any reason, no portion of any monies paid by or on behalf of Grantee on account of Franchise Fees shall be refundable. 5. Nonexclusivity of Franchise 4 It is expressly understood and agreed by Grantee that the Franchise is not exclusive. The City hereby reserves unto itself the right to grant similar franchises to any person, firm, corporation, or other entity at any time and from time to time; provided, however, that during the stated term of this Agreement, Grantee shall have the exclusive right to operate an open air café upon the Premises at the location stated in Section 2,unless such right is sooner terminated or this Agreement is canceled in accordance with the provisions herein made. 6. Compliance with Law Grantee hereby covenants that it will conduct its operation and maintain the Premises in strict compliance with any and all applicable statutes, ordinances, regulations, and laws of the United States, the Commonwealth of Virginia, the City of Virginia Beach, or any of their agencies,relating to the ownership of the Franchise or to the occupancy and use of the Premises. 7. Operational Criteria a. Grantee shall design the open air market site to allow for emergency vehicle access at all times. b. The Grantee shall adhere to the operational parameters and public safety concerns established by City departments,including,but not limited to,Police, Fire, EMS, Public Works and Resort Management. Grantee shall also comply with all Health Department rules and regulations. This includes providing adequate DCJS certified private security personnel, certified traffic monitors, placement of approved traffic equipment, and obtaining permits required by the Health Department. 5 c. The Grantee shall provide one portable ADA restroom facility for each one hundred and fifty (150) patrons on the Premises, or shall install signs on City property directing patrons to existing restrooms located in an adjacent business establishment. d. A minimum of three waste disposal containers and three recycle containers shall be installed by Grantee on the Premises. e. Grantee shall remove all temporary structures, clean all City property and properly dispose of waste and recycle materials by 1:00 pm each day. 8. Permitted Uses Grantee shall not use the Premises,nor suffer the Premises to be used, for any purpose other than is contemplated by this Agreement. 9. Right of Inspection The City, by its authorized officers, agents, or employees, shall have the right to inspect the Premises at any and all reasonable times, with or without notice, for the purpose of determining Grantee's compliance with the provisions of this Agreement. 10. Compliance In the event the City determines that the Grantee has failed to properly comply with any of the terms or conditions of this Agreement, Grantee shall be given a minimum of twenty-four(24)hours and a maximum of ten(10) calendar days to remedy its nonconformance. The amount of time that Grantee shall be permitted to gain compliance shall be determined in the sole discretion of the City, by its authorized officer, agent, or employee. However, such time shall be reasonable and shall be based upon the level of 6 severity of the noncompliance. If Grantee fails to effect compliance within the time allowed, the City shall have the right to suspend Grantee's operation, in whole or in part, until such time as Grantee shall remedy its noncompliance. In the event of such a suspension, the City shall have the right to remove any nonconforming structures, furnishings, or objects of any kind located on the Premises, and the City shall have the right to obtain reimbursement for the costs associated with such removal from either the Grantee of from the bond, referenced above. The City shall not be liable for any damages resulting from such removal, provided that the removal is performed in a workman-like and professional manner. The City shall be entitled to discard the nonconforming structures, furnishings, or objects, and the Grantee shall not be entitled to any reimbursement for the discarded structures, furnishings, or objects. 11. Commencement of Operation Upon final approval by the City of the Franchise, Grantee shall promptly undertake all necessary measures in preparation for the commencement of the operation of its establishment. Grantee's establishment shall be open for business by no later than June 1, 2022, unless otherwise agreed to in writing by the City. 12. Assignment of Franchise Grantee shall not,without the prior written consent of the City,assign, delegate, or otherwise transfer, in whole or in part, the Franchise or any of Grantee's rights or obligations arising hereunder. The City may, at its sole discretion, consent or decline to consent to any such assignment, delegation, or transfer, or may give its conditional consent thereto. In the event the City conditionally consents to such an assignment, delegation, or 7 transfer, such consent may, without limitation, be conditioned upon Grantee's remaining fully and unconditionally liable to the City for any breach of the terms of this Agreement by Grantee's transferee and for any damage or injury sustained by a third party or parties as a result of the intentional act or omission, negligence, or breach of warranty by Grantee's transferee. 13. Interest of Grantee Grantee shall acquire no interest in the Premises, legal or equitable, other than the right to occupy such Premises during the term of this Agreement for the sole purpose of operating an open air market in compliance with, and subject to, the provisions of this Agreement and such rights in and to Grantee's personality used in and about the operation of its establishment as are conferred upon Grantee by law. 14. Reapplication for Franchise a. This Agreement shall not be renewable by either party at the expiration of the final Extension Term, nor shall Grantee be accorded any preference in, or have any right of first refusal of, any future grant of an open air market franchise which may be offered by the City. b. Any reapplication by Grantee for a franchise of an open air market commencing after the expiration of the final Extension Term shall be made to the City Manager or his designated representative. c. In the event that a reapplication does not propose a change in ownership, site plan, or other material terms and conditions of the franchise, neither an 8 application fee nor any other accompanying documents will have to be submitted with the reapplication. 15. Relationship of Parties It is mutually understood and agreed by the parties that nothing contained in this Agreement is intended, or shall be construed, as in any manner creating or establishing any agency relationship between the parties or any relationship of joint enterprise or partnership. Grantee shall have no authority, express or implied,to act or hold itself out as the agent or representative of the City for any purpose. Grantee shall at all times remain an independent contractor and solely responsible for all obligations and liabilities of,and for all loss and damage to,Grantee's establishment,including the Premises and property thereupon, and for all claims and demands resulting from Grantee's operation. 16. Risks and Indemnity Grantee shall assume all risks incident to or in connection with its operation and shall be solely responsible for damage or injury, of whatever kind or nature, to person or property, directly or indirectly, arising out of or in connection with its occupancy of the Premises or the conduct of its operation. Grantee hereby expressly agrees to indemnify and hold harmless the City and its agents, employees, volunteers, servants, and officials from any penalties for violation of any law, ordinance, or regulation affecting its operation and from and against any and all claims, damages, losses, real or alleged, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with Grantee's occupancy of the Premises or conduct of its operation or 9 resulting from the negligence or intentional acts or omissions of Grantee or its officers, agents, and employees. 17. Insurance Grantee shall, prior to the commencement of its operation, secure and maintain in full force and effect at all times during the term of this Agreement, the following policies of insurance: a. Workers' Compensation Insurance of not less than $500,000. b. Comprehensive General Liability Insurance, including contractual liability and products and completed operations liability coverages, in an amount not less than one million dollars ($1,000,000) combined single limits (CSL). Such insurance shall name the City of Virginia Beach as an additional insured. c. Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than one million dollars ($1,000,000) combined single limits (CSL). The City shall be named as an additional insured under all policies required hereunder. All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia,and acceptable to the City, and shall carry the provision,that the insurance will not be cancelled or materially modified without thirty days (30) prior written notice to the City. Grantee shall furnish the City with certificate of 10 insurance showing Grantee's compliance with the foregoing requirements. Grantee's performance of its obligations under the provisions of this section shall not relieve Grantee of liability under the indemnity and save harmless provisions of the preceding section of this Agreement. 18. Abandonment In the event Grantee shall vacate or abandon the Premises or permit the same to remain vacant or unoccupied without the prior written consent of the City, the City shall have the right to immediately cancel this Agreement and terminate the Franchise. 19. Termination of Franchise a. The City shall have the right to cancel this Agreement and terminate the Franchise on notice to Grantee upon the occurrence of any of the following events: (1) The failure of Grantee to secure any approval, license, or permit required by this Agreement or by law, or the cancellation or revocation of any such license or permit. (2) The failure of Grantee to fulfill, abide by, or comply with any condition of the grant of the Franchise pursuant to Section 1.b of this Agreement. (3) The failure of Grantee to pay the Franchise Fee required hereunder, execute any bond required hereunder, or the cancellation of any such bond or exoneration of any surety thereon. 11 (4) The failure of Grantee to comply with any statute, ordinance, regulation, or other law applicable to the ownership or management of the Franchise or to the occupancy and use of the Premises. (5) The use of the Premises by, on behalf of, or at the sufferance of Grantee for any activity or purpose other than is expressly permitted by this Agreement. (6) The failure of Grantee to commence the operation of its establishment by the date specified in Section 12 of this Agreement. (7) The failure of Grantee to procure any policy or policies of insurance required by this Agreement to have been procured prior to the commencement of Grantee's operation,the cancellation or lapse of any such policy or policies so as to cause the aggregate of the limits of liability of coverage thereunder to be less than the amounts required by Section 18 of this Agreement, or any material and adverse change in the risks covered or persons or entities insured thereunder. (8) The purported assignment, delegation, or other transfer by Grantee without the prior written consent of the City of the Franchise, in whole or in part, or of any of the rights or obligations of Grantee set forth herein. (9) The abandonment or vacation of the Premises occupied by Grantee without the prior written consent of the City. (10) The refusal of Grantee to permit inspection of the Premises by the City at reasonable times. 12 (11) The death of Grantee, if Grantee is the sole proprietor of the Franchise, or in any other case, the termination of Grantee's existence as a business organization, whether by dissolution, consolidation, merger, sale, or other like act, or the revocation of Grantee's authority to transact business in the Commonwealth of Virginia. b. The election by the City to exercise its right to cancel this Agreement and to terminate the Franchise shall be without prejudice to any of its other rights at law or in equity, and any remedy set forth in this Agreement shall not be exclusive but shall be cumulative upon any or all other remedies herein provided or by law allowed. c. Notwithstanding any other remedy conferred upon the City by this Agreement or by law,the City may elect to suspend the operation of the Franchise upon the occurrence of any of the events enumerated above or in the event of the breach by Grantee of any other provision or condition of this Agreement. Grantee shall,upon receipt of notice of such suspension, immediately cease operation of its establishment until such time as the City shall permit Grantee to continue its operation. Such permission shall be the breach or breaches of this Agreement giving rise to such suspension. 20. Termination Without Cause The City may at any time, and for any reason, terminate this Agreement and cancel the Franchise by written notice to Grantee specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed. Notice shall be given to Grantee by certified mail/return receipt requested at the address set forth in this Agreement. 13 If the City terminates this Agreement without cause, Contractor shall withdraw its personnel and equipment from the Premises, and cease further occupation of the Premises. 21. Effect of Termination a. Grantee shall,upon termination of the Franchise,be entitled to no payment or other compensation by reason of the value of the Franchise or for any of the intangible assets thereof. b. In the event of the termination of the Franchise prior to the expiration of this Agreement, Grantee shall not, without the prior written consent of the City, remove any of the furnishings, fixtures, equipment, plantings, or other property from the Premises for a period of thirty(30)days following the effective date of such termination. The City shall, within such period of time, have the option to purchase any or all such furnishings, fixtures, equipment, or other property from Grantee for a sum equal to the fair market value thereof. c. Upon termination of the Franchise prior to the expiration of this Agreement, the City shall have the right to grant a new franchise for the unexpired portion of the term of this Agreement. 22. Rules and Regulations The City Manager shall have the authority to promulgate reasonable rules and regulations governing the conduct of the Grantee, which rules and regulations shall be deemed incorporated by reference into this Agreement upon their promulgation. 23. Publicity 14 The City shall have the right to photograph the Premises, including the interior and exterior thereof, any persons in and about the Premises, and the name of Grantee's establishment, and to use any such photographs in any of its publicity or advertising. Grantee shall not be entitled to compensation by reason of the taking or use of any such photographs. 24. Notices All notices required or permitted hereunder shall be given and shall be deemed given if, in writing, mailed by certified or registered mail, and addressed to Grantee at the address of Grantee set forth on page 1 herein, or to the City Manager, City Hall, Municipal Center, Virginia Beach, Virginia 23456, or to such other address as either party may direct by written notice, given as provided herein. 25. Severability The provisions of this Agreement shall be deemed to be severable and should any one or more of such provisions be declared or adjudged to be invalid or unenforceable,the remaining provisions shall be unaffected thereby and shall remain in full force and effect. 26. Descriptive Headings The descriptive headings appearing in this Agreement are for convenience only and shall not be construed either as a part of the terms, covenants, and conditions hereof or as an interpretation of such terms, covenants, and conditions. 27. Entirety of Agreement 15 This Agreement and the rules and regulations promulgated hereunder comprise the entire understanding and agreement of the parties, and no representations, inducements, promises, or agreements, oral or written, except as may be specifically set forth herein, shall have any validity or be of any force or effect. 28. Waiver No failure of the City to exercise any right or power given to it by law or by this Agreement, or to insist upon strict compliance by Grantee with any of the provisions of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of the City's right to demand strict compliance with the terms of this Agreement. 29. Modification No modification, revision, or deletion of any of the provisions of this Agreement, and no addition of any provisions hereto, shall be valid unless in writing and executed with the same formalities as this Agreement. 30. Nondiscrimination/Drug-Free Workplace During the performance of this Franchise, Grantee agrees as follows: a. Grantee shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to its normal operation. Grantee agrees to post in conspicuous places, 16 available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. b. Grantee, in all solicitations or advertisements for employees placed by or on behalf of Grantee, shall state that such Grantee is an equal opportunity employer. c. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. d. Grantee will provide a drug-free workplace for Grantee's employees. e. Grantee will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Grantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition. f. Grantee will state in all solicitations or advertisements for employees placed by or on behalf of Grantee that Grantee maintains a drug-free workplace. g. Grantee will include the provisions of the foregoing Subsections a, b, c, d, e, and f in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 31. Applicable Law 17 This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 32. Venue Any and all suits for any claims or for any and every breach or dispute arising out of this Contract shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach or the U.S District Court for the Eastern District of Virginia, Norfolk Division. 33. Immigration Grantee does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the Federal Immigration Reform and Control Act of 1986. 34. Faith Based Organizations The City of Virginia Beach does not discriminate against Faith- Based Organization. 35. Business Entity The Grantee shall be registered and authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. The Grantee shall submit proof of such 18 registration to the City. Additionally, the Grantee shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or canceled at any time during the term of the agreement. 36. Business License If the Grantee is a business, located in the City of Virginia Beach or at any time during the performance of this Agreement obtains situs for purposes of business license taxes, it shall be unlawful for such business to conduct or engage in such business, trade or occupation without having first obtained the proper license from the Commissioner of the Revenue of the City, and the Grantee covenants that it has a business license where one is required to perform this Agreement. 37. Audits. The City shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Agreement (including any and all documents and other materials,in whatever form they may be kept,which support or underlie those books and records), kept by or under the control of Grantee, including, but not limited to those kept by Grantee,its employees,agents,assigns,successors and subcontractors. Grantee shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this Agreement and for at least three years following the completion of this Agreement, including any and all renewals thereof. The books and records,together with the supporting or underlying documents and materials shall be made available, upon request, to the City, through 19 its employees, agents,representatives, contractors or other designees, during normal business hours at Grantee's office or place of business in Virginia Beach, Virginia. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Virginia Beach, Virginia, which is convenient for the City. This section shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which the City may have by state, city, or federal statute, ordinance, regulation, or agreement, whether those rights,powers, or obligations are express or implied. 38. Compliance With the Virginia Human Rights Act The Virginia Human Rights Act, as amended, includes protections against discrimination based on an individual's race, color,religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin. During the performance of this Agreement, Grantee shall comply with the Virginia Human Rights Act, as amended. 20 OLD BEACH ART MARKET CITY OF VIRGINIA BEACH Print Name: City Manager or Authorized Title: Designee Date: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , President, of on its behalf. Notary Public My Commission Expires: My Notary Registration Number: Attest: Secretary Approved as to Content: Approved as to Legal Sufficiency: Convention and Visitors Bureau City Attorney Approved as to Risk Management: Risk Manager • • ;' 6 • ems.; � f-„ 1 Virginia Beach Ewa 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 Exce•tion for (EDIP) Board of Zoning Encroachment Request Rezoning A •eals 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 whiether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weekc prior to any Page 1 of 4 Plannina Commission and City Council meeting that pertains to the aL,plication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: vir3 Virginia Beach - other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) A-Nti) u32 I G 7 N T M>4 i-y ,4/t/A) -Try YLA-- • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ri Check here if the PROPERTY OWNER 1S NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER 1S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, 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) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act. Va. Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: PROVIDER (use additional sheets If YES NO SERVICE needed) n Accounting and/or preparer of i 1 your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed fl purchaser of the subject property (identify purchaser(s)and purchaser's service providers) n •Construction Contractors 1R-/` Engineers/Surveyors _ The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 416 • Pli Virginia Beach Financing (include current LJ [E' mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) l l �' Legal Services Real Estate Brokers /Agents 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 T1 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? 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. 1-t / on- 1./1/1/-2?. APPLICANT'S SIGNATI_JRE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. FRANCHISE AGREEMENT THIS AGREEMENT is made and entered into this day of , 2022,by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("City"), and OLD BEACH FARMERS MARKET, having a principal place of business at 620 19th St, Virginia Beach, Virginia ("Grantee"). The parties to this Agreement, in consideration of the mutual covenants and stipulations set forth below, agree as follows: 1. Conditions of Grant of Franchise a. It is expressly agreed and understood by Grantee that the grant of the franchise described herein is conditional, the grant of such franchise being conditioned upon Grantee's compliance with the operational criteria set forth in Section 7 and upon Grantee's obtaining all required permits and licenses, including, without limitation, business license, and any required state licenses. It is expressly agreed and understood by Grantee that the failure of Grantee to obtain any one or more of the approvals, licenses, or permits required herein shall render this Agreement null, void, and of no force and effect. Grantee further expressly agrees that,in the event of any such failure by Grantee, no portion of any application fee paid or payable by or on behalf of Grantee shall be refunded. b. The grant of the franchise to Grantee shall also be subject, in addition to the foregoing conditions, to such conditions as the City may, in its discretion, impose upon Grantee. The City may deny the final approval of the grant of this franchise 2 or any other such franchise it determines, in its discretion, to be detrimental to the public health, safety, welfare, or interest. 2. Grant of Franchise a. Subject to the provisions of Section 1 of this Agreement or any other condition imposed by this Agreement or by law,the City does hereby grant and award unto Grantee a franchise to operate an open air market ("Franchise") on public property located on the 600 block of 19th Street and on Cypress Avenue between 19th Street and 18th Street in Virginia Beach, Virginia 23451 ("Premises") for a term of one (1) year, commencing on June 1, 2022 and ending at midnight on May 31, 2023, on each Saturday ("Term"). Grantee shall only be granted access to the Premises for the purposes set forth herein, from 6:00 a.m. until 1:00 p.m., on Saturdays. At the City's discretion,the extension terms may include excluded dates set forth by Resort Management for the current Term of the Agreement. This Agreement may be renewed for two (2) additional one-year extensions upon the mutual written agreement of both parties ("Extension Terms"). The Agreement shall not be renewed beyond May 31, 2025 without City Council approval. b. The Grantee shall comply with all operating requirements outlined below. Failure of the Grantee to comply with the conditions contained herein shall constitute grounds for termination of this Agreement by the City and forfeiture of any rights conferred upon Grantee hereunder. 3. City's Right to Relocate Premises to 600 Block of 18th Street 3 The City reserves the right, at its sole discretion, to relocate the open air market contemplated herein to the 600 block of 18th Street("18th Street Location"). If the City elects to relocate the open air market to the 18th Street Location as the permanent location for the remainder of the Term of the Agreement,Grantee and the City shall execute an amendment to the Agreement. If the City elects to relocate the open air market to the 18th Street Location on a temporary or as-needed basis, the City shall notify the Grantee in writing a minimum of ten (10) calendar days before the event date. 4. Franchise Fee a. Grantee shall pay to the City,no later than June 1, 2022, a sum equal to two hundred dollars ($200) as a franchise fee ("Franchise Fee") for the period of June 1, 2022 to May 31, 2023. The failure of Grantee, for any reason,to pay the Franchise Fee in full by June 1st shall constitute grounds for immediate cancellation of this Franchise and forfeiture of any rights conferred upon Grantee by this Franchise. The City may, but shall not be required to, extend the period of time within which payment of the aforesaid Franchise Fee shall be tendered or may, in lieu of any other remedy, treat this Agreement as remaining in full force and effect and avail itself of any and all lawful means of collecting such Franchise Fee. b. In the event of the cancellation of this Agreement or the termination of the Franchise granted hereunder prior to the expiration of its stated term, for any reason, no portion of any monies paid by or on behalf of Grantee on account of Franchise Fees shall be refundable. 5. Nonexclusivity of Franchise 4 It is expressly understood and agreed by Grantee that the Franchise is not exclusive. The City hereby reserves unto itself the right to grant similar franchises to any person, firm, corporation, or other entity at any time and from time to time; provided, however, that during the stated term of this Agreement, Grantee shall have the exclusive right to operate an open air café upon the Premises at the location stated in Section 2,unless such right is sooner terminated or this Agreement is canceled in accordance with the provisions herein made. 6. Compliance with Law Grantee hereby covenants that it will conduct its operation and maintain the Premises in strict compliance with any and all applicable statutes, ordinances, regulations, and laws of the United States, the Commonwealth of Virginia, the City of Virginia Beach, or any of their agencies,relating to the ownership of the Franchise or to the occupancy and use of the Premises. 7. Operational Criteria a. Grantee shall design the open air market site to allow for emergency vehicle access at all times. b. The Grantee shall adhere to the operational parameters and public safety concerns established by City departments,including,but not limited to,Police, Fire, EMS, Public Works and Resort Management. Grantee shall also comply with all Health Department rules and regulations. This includes providing adequate DCJS certified private security personnel, certified traffic monitors, placement of approved traffic equipment, and obtaining permits required by the Health Department. 5 c. The Grantee shall provide one portable ADA restroom facility for each one hundred and fifty (150) patrons on the Premises, or shall install signs on City property directing patrons to existing restrooms located in an adjacent business establishment. d. A minimum of three waste disposal containers and three recycle containers shall be installed by Grantee on the Premises. e. Grantee shall remove all temporary structures, clean all City property and properly dispose of waste and recycle materials by 1:00 pm each day. 8. Permitted Uses Grantee shall not use the Premises,nor suffer the Premises to be used, for any purpose other than is contemplated by this Agreement. 9. Right of Inspection The City, by its authorized officers, agents, or employees, shall have the right to inspect the Premises at any and all reasonable times, with or without notice, for the purpose of determining Grantee's compliance with the provisions of this Agreement. 10. Compliance In the event the City determines that the Grantee has failed to properly comply with any of the terms or conditions of this Agreement, Grantee shall be given a minimum of twenty-four(24)hours and a maximum of ten(10)calendar days to remedy its nonconformance. The amount of time that Grantee shall be permitted to gain compliance shall be determined in the sole discretion of the City, by its authorized officer, agent, or employee. However, such time shall be reasonable and shall be based upon the level of 6 severity of the noncompliance. If Grantee fails to effect compliance within the time allowed, the City shall have the right to suspend Grantee's operation, in whole or in part, until such time as Grantee shall remedy its noncompliance. In the event of such a suspension, the City shall have the right to remove any nonconforming structures, furnishings, or objects of any kind located on the Premises, and the City shall have the right to obtain reimbursement for the costs associated with such removal from either the Grantee of from the bond, referenced above. The City shall not be liable for any damages resulting from such removal, provided that the removal is performed in a workman-like and professional manner. The City shall be entitled to discard the nonconforming structures, furnishings, or objects, and the Grantee shall not be entitled to any reimbursement for the discarded structures, furnishings, or objects. 11. Commencement of Operation Upon final approval by the City of the Franchise, Grantee shall promptly undertake all necessary measures in preparation for the commencement of the operation of its establishment. Grantee's establishment shall be open for business by no later than June 1, 2022, unless otherwise agreed to in writing by the City. 12. Assignment of Franchise Grantee shall not,without the prior written consent of the City,assign, delegate, or otherwise transfer, in whole or in part, the Franchise or any of Grantee's rights or obligations arising hereunder. The City may, at its sole discretion, consent or decline to consent to any such assignment, delegation, or transfer, or may give its conditional consent thereto. In the event the City conditionally consents to such an assignment, delegation, or 7 transfer, such consent may, without limitation, be conditioned upon Grantee's remaining fully and unconditionally liable to the City for any breach of the terms of this Agreement by Grantee's transferee and for any damage or injury sustained by a third party or parties as a result of the intentional act or omission, negligence, or breach of warranty by Grantee's transferee. 13. Interest of Grantee Grantee shall acquire no interest in the Premises, legal or equitable, other than the right to occupy such Premises during the term of this Agreement for the sole purpose of operating an open air market in compliance with, and subject to, the provisions of this Agreement and such rights in and to Grantee's personality used in and about the operation of its establishment as are conferred upon Grantee by law. 14. Reapplication for Franchise a. This Agreement shall not be renewable by either party at the expiration of the final Extension Term, nor shall Grantee be accorded any preference in, or have any right of first refusal of, any future grant of an open air market franchise which may be offered by the City. b. Any reapplication by Grantee for a franchise of an open air market commencing after the expiration of the final Extension Term shall be made to the City Manager or his designated representative. c. In the event that a reapplication does not propose a change in ownership, site plan, or other material terms and conditions of the franchise, neither an 8 application fee nor any other accompanying documents will have to be submitted with the reapplication. 15. Relationship of Parties It is mutually understood and agreed by the parties that nothing contained in this Agreement is intended, or shall be construed, as in any manner creating or establishing any agency relationship between the parties or any relationship of joint enterprise or partnership. Grantee shall have no authority,express or implied,to act or hold itself out as the agent or representative of the City for any purpose. Grantee shall at all times remain an independent contractor and solely responsible for all obligations and liabilities of,and for all loss and damage to,Grantee's establishment,including the Premises and property thereupon, and for all claims and demands resulting from Grantee's operation. 16. Risks and Indemnity Grantee shall assume all risks incident to or in connection with its operation and shall be solely responsible for damage or injury, of whatever kind or nature, to person or property, directly or indirectly, arising out of or in connection with its occupancy of the Premises or the conduct of its operation. Grantee hereby expressly agrees to indemnify and hold harmless the City and its agents, employees, volunteers, servants, and officials from any penalties for violation of any law, ordinance, or regulation affecting its operation and from and against any and all claims, damages, losses, real or alleged, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with Grantee's occupancy of the Premises or conduct of its operation or 9 resulting from the negligence or intentional acts or omissions of Grantee or its officers, agents, and employees. 17. Insurance Grantee shall, prior to the commencement of its operation, secure and maintain in full force and effect at all times during the term of this Agreement, the following policies of insurance: a. Workers' Compensation Insurance of not less than $500,000. b. Comprehensive General Liability Insurance, including contractual liability and products and completed operations liability coverages, in an amount not less than one million dollars ($1,000,000) combined single limits (CSL). Such insurance shall name the City of Virginia Beach as an additional insured. c. Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than one million dollars ($1,000,000) combined single limits (CSL). The City shall be named as an additional insured under all policies required hereunder. All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia, and acceptable to the City, and shall carry the provision,that the insurance will not be cancelled or materially modified without thirty days (30) prior written notice to the City. Grantee shall furnish the City with certificate of 10 insurance showing Grantee's compliance with the foregoing requirements. Grantee's performance of its obligations under the provisions of this section shall not relieve Grantee of liability under the indemnity and save harmless provisions of the preceding section of this Agreement. 18. Abandonment In the event Grantee shall vacate or abandon the Premises or permit the same to remain vacant or unoccupied without the prior written consent of the City, the City shall have the right to immediately cancel this Agreement and terminate the Franchise. 19. Termination of Franchise a. The City shall have the right to cancel this Agreement and terminate the Franchise on notice to Grantee upon the occurrence of any of the following events: (1) The failure of Grantee to secure any approval, license, or permit required by this Agreement or by law, or the cancellation or revocation of any such license or permit. (2) The failure of Grantee to fulfill, abide by, or comply with any condition of the grant of the Franchise pursuant to Section 1.b of this Agreement. (3) The failure of Grantee to pay the Franchise Fee required hereunder, execute any bond required hereunder, or the cancellation of any such bond or exoneration of any surety thereon. 11 (4) The failure of Grantee to comply with any statute, ordinance, regulation, or other law applicable to the ownership or management of the Franchise or to the occupancy and use of the Premises. (5) The use of the Premises by, on behalf of, or at the sufferance of Grantee for any activity or purpose other than is expressly permitted by this Agreement. (6) The failure of Grantee to commence the operation of its establishment by the date specified in Section 12 of this Agreement. (7) The failure of Grantee to procure any policy or policies of insurance required by this Agreement to have been procured prior to the commencement of Grantee's operation,the cancellation or lapse of any such policy or policies so as to cause the aggregate of the limits of liability of coverage thereunder to be less than the amounts required by Section 18 of this Agreement, or any material and adverse change in the risks covered or persons or entities insured thereunder. (8) The purported assignment, delegation, or other transfer by Grantee without the prior written consent of the City of the Franchise, in whole or in part, or of any of the rights or obligations of Grantee set forth herein. (9) The abandonment or vacation of the Premises occupied by Grantee without the prior written consent of the City. (10) The refusal of Grantee to permit inspection of the Premises by the City at reasonable times. 12 (11) The death of Grantee, if Grantee is the sole proprietor of the Franchise, or in any other case, the termination of Grantee's existence as a business organization, whether by dissolution, consolidation, merger, sale, or other like act, or the revocation of Grantee's authority to transact business in the Commonwealth of Virginia. b. The election by the City to exercise its right to cancel this Agreement and to terminate the Franchise shall be without prejudice to any of its other rights at law or in equity, and any remedy set forth in this Agreement shall not be exclusive but shall be cumulative upon any or all other remedies herein provided or by law allowed. c. Notwithstanding any other remedy conferred upon the City by this Agreement or by law,the City may elect to suspend the operation of the Franchise upon the occurrence of any of the events enumerated above or in the event of the breach by Grantee of any other provision or condition of this Agreement. Grantee shall, upon receipt of notice of such suspension, immediately cease operation of its establishment until such time as the City shall permit Grantee to continue its operation. Such permission shall be the breach or breaches of this Agreement giving rise to such suspension. 20. Termination Without Cause The City may at any time, and for any reason, terminate this Agreement and cancel the Franchise by written notice to Grantee specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed. Notice shall be given to Grantee by certified mail/return receipt requested at the address set forth in this Agreement. 13 If the City terminates this Agreement without cause, Contractor shall withdraw its personnel and equipment from the Premises, and cease further occupation of the Premises. 21. Effect of Termination a. Grantee shall,upon termination of the Franchise,be entitled to no payment or other compensation by reason of the value of the Franchise or for any of the intangible assets thereof. b. In the event of the termination of the Franchise prior to the expiration of this Agreement, Grantee shall not, without the prior written consent of the City, remove any of the furnishings, fixtures, equipment, plantings, or other property from the Premises for a period of thirty(30)days following the effective date of such termination. The City shall, within such period of time, have the option to purchase any or all such furnishings, fixtures, equipment, or other property from Grantee for a sum equal to the fair market value thereof. c. Upon termination of the Franchise prior to the expiration of this Agreement, the City shall have the right to grant a new franchise for the unexpired portion of the term of this Agreement. 22. Rules and Regulations The City Manager shall have the authority to promulgate reasonable rules and regulations governing the conduct of the Grantee, which rules and regulations shall be deemed incorporated by reference into this Agreement upon their promulgation. 23. Publicity 14 The City shall have the right to photograph the Premises, including the interior and exterior thereof, any persons in and about the Premises, and the name of Grantee's establishment, and to use any such photographs in any of its publicity or advertising. Grantee shall not be entitled to compensation by reason of the taking or use of any such photographs. 24. Notices All notices required or permitted hereunder shall be given and shall be deemed given if, in writing, mailed by certified or registered mail, and addressed to Grantee at the address of Grantee set forth on page 1 herein, or to the City Manager, City Hall, Municipal Center, Virginia Beach, Virginia 23456, or to such other address as either party may direct by written notice, given as provided herein. 25. Severability The provisions of this Agreement shall be deemed to be severable and should any one or more of such provisions be declared or adjudged to be invalid or unenforceable,the remaining provisions shall be unaffected thereby and shall remain in full force and effect. 26. Descriptive Headings The descriptive headings appearing in this Agreement are for convenience only and shall not be construed either as a part of the terms, covenants, and conditions hereof or as an interpretation of such terms, covenants, and conditions. 27. Entirety of Agreement 15 This Agreement and the rules and regulations promulgated hereunder comprise the entire understanding and agreement of the parties, and no representations, inducements, promises, or agreements, oral or written, except as may be specifically set forth herein, shall have any validity or be of any force or effect. 28. Waiver No failure of the City to exercise any right or power given to it by law or by this Agreement, or to insist upon strict compliance by Grantee with any of the provisions of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of the City's right to demand strict compliance with the terms of this Agreement. 29. Modification No modification, revision, or deletion of any of the provisions of this Agreement, and no addition of any provisions hereto, shall be valid unless in writing and executed with the same formalities as this Agreement. 30. Nondiscrimination/Drug-Free Workplace During the performance of this Franchise, Grantee agrees as follows: a. Grantee shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to its normal operation. Grantee agrees to post in conspicuous places, 16 available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. b. Grantee, in all solicitations or advertisements for employees placed by or on behalf of Grantee, shall state that such Grantee is an equal opportunity employer. c. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. d. Grantee will provide a drug-free workplace for Grantee's employees. e. Grantee will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Grantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition. f. Grantee will state in all solicitations or advertisements for employees placed by or on behalf of Grantee that Grantee maintains a drug-free workplace. g. Grantee will include the provisions of the foregoing Subsections a, b, c, d, e, and f in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 31. Applicable Law 17 This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 32. Venue Any and all suits for any claims or for any and every breach or dispute arising out of this Contract shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach or the U.S District Court for the Eastern District of Virginia, Norfolk Division. 33. Immigration Grantee does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the Federal Immigration Reform and Control Act of 1986. 34. Faith Based Organizations The City of Virginia Beach does not discriminate against Faith- Based Organization. 35. Business Entity The Grantee shall be registered and authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. The Grantee shall submit proof of such 18 registration to the City. Additionally, the Grantee shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or canceled at any time during the term of the agreement. 36. Business License If the Grantee is a business, located in the City of Virginia Beach or at any time during the performance of this Agreement obtains situs for purposes of business license taxes, it shall be unlawful for such business to conduct or engage in such business, trade or occupation without having first obtained the proper license from the Commissioner of the Revenue of the City, and the Grantee covenants that it has a business license where one is required to perform this Agreement. 37. Audits. The City shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Agreement (including any and all documents and other materials, in whatever form they may be kept,which support or underlie those books and records), kept by or under the control of Grantee, including, but not limited to those kept by Grantee,its employees,agents,assigns, successors and subcontractors. Grantee shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this Agreement and for at least three years following the completion of this Agreement, including any and all renewals thereof. The books and records,together with the supporting or underlying documents and materials shall be made available,upon request, to the City, through 19 its employees, agents,representatives, contractors or other designees, during normal business hours at Grantee's office or place of business in Virginia Beach, Virginia. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Virginia Beach, Virginia, which is convenient for the City. This section shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which the City may have by state, city, or federal statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are express or implied. 38. Compliance With the Virginia Human Rights Act The Virginia Human Rights Act, as amended, includes protections against discrimination based on an individual's race, color,religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin. During the performance of this Agreement, Grantee shall comply with the Virginia Human Rights Act, as amended. 20 OLD BEACH FARMERS MARKET CITY OF VIRGINIA BEACH Print Name: City Manager or Authorized Title: Designee Date: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , President, of on its behalf. Notary Public My Commission Expires: My Notary Registration Number: Attest: Secretary Approved as to Content: Approved as to Legal Sufficiency: Convention and Visitors Bureau City Attorney Approved as to Risk Management: Risk Manager gr.--,- ..----J \ r- --s)i.! 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 Exce•tion for (EDIP) Board of Zoning Encroachment Request Rezoning j Appeals Certificate of Floodplain Variance Appropriateness --- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, f' , business, or ,,�� E4_ h pokod- � � 0\ � �Q � o, o1 FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planninz Commission and City Council meetina that pertains to the application(s)- 0 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: r�J`.-iti �i ¢ 0�1, 1 . fit A_ .. : w 1? .44.l,.a 'i •si ''''''';;/;'.;?%.1 ). < •-.L r, h. `t;5 r'�S, it .: ...jN K• i.i,='e z �C- • r '* f' 'f;A-'"4::: y r -1 7 y Y sue. .� ?.f ar�.. 3r r c '"t" -Y x . .:. `` i !G y.o Sa•4`r Y 1. F t �r 6 e t `Y s f <.} j' ra ik -rf ° u� r c•• a ,,r r Fi , _ ,:I-, 3! <::: t j — a.. .ff f .- IT/i3 trrginia Beach • - other unincorporated organization, AND THEN. complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Oi '( 13e A 1(s MaiJ'- f LfAutr , W ON 44(110K-i ViC , erj 4---- DA-4.-- ‘.< ; C vu-ef - Preci d-c-A4--- (B) List the businesses that have a parelit-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is cljfferent from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ri 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 followed by the names of all officers, directors, members, trustees, partners, 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) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. -4 C,f;'•••••F. • - •-s • AB Virginia Be<cii 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 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 theProp_erty. 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 I needed) 1 Accounting and/or preparer of your tax return nArchitect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 74_ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors ____ The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. '! '•„ •_' _{ G��'•"'. .YsY.s 4. *1 4 1, Virginia Beach Financing (include current El mortgage holders and lenders selected or being considered to provide financing for acquisition LI or construction of the property) Legal Services ,t4 Real Estate Brokers /Agents for Flcurrent 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? [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 i 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 bouy'o-committee in connection with this Application. .[- </ak, , _„ Dt,.., , z-/--zi):;-ei-- 1 APPLICANT;S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE i PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. r4 Li [ ..„........ (.,,,!;.;__ ...,...xl,y CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Re-Adopt Procedures for the Selection, Evaluation, and Award of Design-Build and Construction Management Contracts MEETING DATE: May 3, 2022 • Background: On November 1, 2001, the City Council approved a resolution adopting procedures for the design-build and construction management delivery methods. In 2012, the City Council re-adopted design-build and construction management delivery procedures to align the City's processes with the procedures appliable to state agencies. • Considerations: The attached resolution updates the City's design-build and construction management procedures to address statutory and industry changes that occurred after the adoption of the 2012 Design-Build Resolution. The attached resolution is necessary to implement the progressive design-build methodology discussed at the February 22, 2022, workshop session as a project delivery method for a portion of the Flood Mitigation Program projects. As required by the actions of the City Council concerning the 2021 Bond Referendum, the City Manager and Department of Public Works will be providing regular project updates to the Flood Prevention Bond Referendum Oversight Board, which in turn will provide updates to the City Council. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: Approve the attached resolution. • Attachment: Resolution; Red-line Comparison of 2012 Resolution Recommended Action: Approval Submitting Department/Agency: Department of Public Works L27i/ City Manager: /0 1 A RESOLUTION TO RE-ADOPT PROCEDURES FOR THE 2 SELECTION, EVALUATION, AND AWARD OF DESIGN- 3 BUILD AND CONSTRUCTION MANAGEMENT CONTRACTS 4 5 WHEREAS, pursuant to Code of Virginia ("Virginia Code") §2.2-4382, a locality may 6 employ design-build or construction management as delivery methods consistent with the 7 procedures established by the Department of General Services for construction projects on 8 a fixed price or not-to-exceed price; and 9 10 WHEREAS, the City of Virginia Beach ("City") desires to replace the 2012 resolution 11 providing the procedures for the use of design-build or construction management contracts 12 when beneficial to the City. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. Design-build contract procurement method shall be a two-step competitive 18 negotiation process. The following procedures shall govern the selection, evaluation and 19 award of design-build contracts: 20 21 a. Criteria for use: Design-build contracts are intended to minimize the project risk for 22 the owner and reduce the delivery schedule by overlapping the design phase and the 23 construction phase of a project. 24 25 b. Approval for use: Prior to taking any action to pursue a design-build project, the 26 requesting department or agency shall receive the approval of the Purchasing Agent to 27 use the design-build procurement delivery method. 28 29 c. Basis of award: The award of a design-build contract shall be based on either: 1) an 30 acceptable technical proposal at the lowest fixed price, or 2) a best value determination 31 by weighted scoring of the technical proposal and the financial proposal. Cost shall be a 32 critical component of the selection process. 33 34 d. Evaluation Committee: The City shall establish an Evaluation Committee 35 ("Committee") to be responsible for evaluating the qualifications of potential offerors of 36 design-build and reviewing proposals submitted for such services. This Committee shall 37 consist of a minimum of four (4) and a maximum of six (6) voting members. The 38 members of the Committee shall have expertise relevant to the project, with 39 backgrounds in such areas as project design, construction, finance, contract review, and 40 project management. The Committee shall be chaired by a licensed engineer or 41 architect. The membership of the Committee shall be determined by the City Engineer 42 or his designee. 43 44 e. Selection of Qualified Offerors (Step I) — Request for Qualifications (RFQ) 45 1 46 i.The City shall publish notice of its RFQ at least thirty (30) days prior to the date set 47 for receipt of qualifications by posting in the Purchasing Agent's office, distributing to 48 relevant trade group using the applicable SWaM database, and in a local newspaper 49 of general circulation in the City so as to provide reasonable notice to the maximum 50 number of offerors that can be reasonably anticipated to submit qualifications in 51 response to the particular request. Additionally, qualifications may be solicited 52 directly from vendors. If practicable, the notice also shall be published in 53 appropriate national trade publications. 54 55 ii.The RFQ shall provide a description of the project, the services required by the City, 56 any unique capabilities to be required of the offeror, and the criteria to be used in 57 evaluating the potential offeror's qualifications. The RFQ shall request of potential 58 offerors only such information as is appropriate for an objective evaluation of all 59 offerors pursuant to such criteria. The RFQ shall establish procedures whereby 60 comments concerning provisions in the RFQ can be received and considered prior 61 to the time set for receipt of qualifications. All offerors shall have a licensed Class 62 "A" contractor and an Architect or Engineer registered in the Commonwealth of 63 Virginia as part of the offeror's team. 64 65 iii.The Committee shall evaluate each responding offeror's qualifications submittal and 66 any other relevant information and shall determine which offerors are fully qualified 67 and suitable for the project. 68 69 iv.The RFQ evaluation shall result in a short list of three to five offerors to receive the 70 RFP. If available, the short list shall include a minimum of one DSBSD-Certified 71 Small Business that meets the minimum requirements for prequalification. An 72 offeror may be denied prequalification only as specified in Virginia Code §2.2-4317, 73 but the short list shall also be based upon the RFQ criteria. 74 75 v.The RFQ evaluation process shall evaluate an offeror's experience for a period of 76 ten prior years to determine whether the offeror has constructed, by any method of 77 project delivery, at least three projects similar in program and size. 78 79 vi. At least thirty (30) days prior to the date established for the submission of 80 proposals, the City shall advise each offeror in writing as to whether that offeror has 81 been prequalified. In the event that an offeror is denied prequalification, the written 82 notice shall state the reasons for the denial of prequalification and the factual basis 83 for such reasons. Prequalified offerors that are not selected for the short list likewise 84 shall be provided the reasons for such decision. 85 86 f. Selection of the Design-Build Contractor (Step II): 87 88 i.The City shall prepare a Request for Proposal ("REP") that includes: 1) the 89 instructions for submitting the proposal, the criteria for evaluation, and the terms and 90 conditions of the design-build contract; 2) a narrative description of the project 91 requirements; 3) general conditions and technical specifications; and 4) facility and 2 92 site plans as appropriate for the project. The RFP also may define such other 93 requirements as the City determines appropriate for a particular project. The RFP 94 shall include procedures whereby comments concerning specifications or other 95 provisions contained in the RFP can be received and considered prior to the time 96 set for receipt of proposals. 97 98 ii.The City shall send a RFP to the qualified design-build offerors on the short list for 99 the project and request formal proposals from them. Offerors will have at least thirty 100 (30) days to submit a proposal. Separately sealed technical and financial proposals 101 shall be submitted to the Purchasing Agent. The Purchasing Agent will provide the 102 technical proposals to the Committee and retain the financial proposals until the 103 technical review is complete. 104 105 iii.Upon receipt, the proposals shall be reviewed by the SWaM office to ensure 106 compliance with the applicable SWaM requirements. If the City is undertaking 107 Progressive Design-Build, this review occurs at the proposal submission but is 108 subject to review and update prior to the agreement upon a guaranteed maximum 109 price. 110 111 iv.The Committee shall evaluate each of the technical proposals based on criteria 112 established in the RFP. As a part of the evaluation process, the Committee may 113 grant each of the offerors an equal opportunity for direct and private communication 114 with the committee. Each offeror shall be allotted the same fixed amount of time. In 115 its conversations with offerors, the Committee shall exercise care to discuss the 116 same owner information with all offerors. In addition, the Committee shall not 117 disclose any trade secret or proprietary information for which the offeror has invoked 118 protection in accordance with the procedure set forth in Virginia Code § 2.2-4342. 119 120 v.The Committee will inform each offeror of any adjustments necessary to make its 121 technical proposal fully compliant with the requirements of the RFP. In addition, the 122 City may require that offerors make design adjustments necessary to incorporate 123 project improvements and/or additional detail information identified by the 124 Committee. 125 126 vi.Based on the adjustments made to the technical proposals, the offeror may amend 127 its financial proposal. In addition, an offeror may submit cost modifications to its 128 original sealed financial proposal which are not based upon revisions to the 129 technical proposal. 130 131 vii.The Committee shall evaluate and rank the technical proposals if technical rankings 132 are to be considered as a criterion for award. Should the City determine in writing 133 and in its sole discretion that only one offeror is fully qualified, or that one offeror is 134 clearly more highly qualified than the others under consideration, a contract may be 135 negotiated and awarded to that offeror after approval of the Purchasing Agent. 136 Otherwise, the Purchasing Agent shall open the financial proposals and apply the 137 criteria for award as specified in the RFP. 3 138 139 viii.The Committee shall make its recommendation for the selection of a design builder 140 to the Purchasing Agent based on its evaluations of the technical and financial 141 proposals. The contract shall be awarded to the offeror who is fully qualified and 142 has been determined to have provided the best value in response to the RFP. 143 144 ix.The Committee will notify all offerors who submitted proposals which offeror was 145 selected for the project. The Notice of Intent to Award may be used to make this 146 notification. When the terms and conditions of multiple awards are so provided in 147 the RFP, awards may be made to more than one offeror. 148 149 x.Upon request and in accordance with Virginia Code § 2.2-4342, documentation of 150 the process used for the final selection shall be made available to the unsuccessful 151 proposers. 152 153 g. Alternative Procedure for Progressive Design-Build 154 155 i.Upon a written determination by the Purchasing Agent that certain compensable 156 design work is necessary to deliver a final guaranteed maximum price, the City 157 may include in the RFP the ability to undertake Progressive Design-Build. 158 ii.The review of proposals for Progressive Design-Build shall be the same as 159 described above. However, after the City's determination to award, the execution 160 of a contract may include compensable design work. 161 iii.The design collaboration shall include representatives of the City and the Design- 162 Builder advancing the design of the project beyond the design included in the 163 RFP. The goal of such design collaboration is to reduce contingencies and bridge 164 any design discrepancies. At the end of the design collaboration, the Design- 165 Builder shall present the City with a guaranteed maximum price. At the 166 submission of the guaranteed maximum price, the Design-Builder may update the 167 applicable SWaM plan(s) to reflect the advanced design. The City shall have the 168 sole option to agree to the guaranteed maximum price or abandon the design- 169 build contract. If the City elects to abandon the design-build contract, the Design- 170 Builder shall be fully compensated for the services provided in advancing the 171 design of the project provided the acceptance of such payment shall require the 172 Design-Builder transferring to the City the right to use technical solutions, design 173 concepts, and any other work product developed during the design collaboration. 174 175 h. Proposal Compensation (Stipend): For designated Design-Build procurement 176 efforts, short-listed firms that are not selected but have fully complied with all aspects 177 of the RFQ and RFP may be provided proposal compensation (stipend) under certain 178 circumstances. The value of the proposal compensation will be determined on a 179 case-by-case basis and shall be conditioned upon the offeror conveying to the City 180 the right to use technical solutions or design concepts in the proposal. City Council 181 approval, either by direct action or in the relevant project page of the Capital 182 Improvement Program, shall be required for the provision of Proposal Compensation. 183 4 184 2. Construction Management (CM) procurement method shall be a two-step competitive 185 negotiation process. The following procedures shall govern the selection, evaluation and 186 award of CM contracts: 187 188 a. Criteria for use of Construction Management: CM contracts may be approved for 189 use on projects where: 1) fast tracking of construction is needed to meet City program 190 requirements, or 2) value engineering and/or constructability analyses concurrent with 191 design are required. 192 193 b. Approval for use: Prior to taking any action to pursue a CM project, the requesting 194 department or agencies shall request the approval of the Purchasing Agent to use a CM 195 contract. 196 197 c. Basis of award: The basis of the award of the contract shall be in accordance with 198 competitive negotiation for nonprofessional services, and the criteria for the award shall 199 be submitted to the Purchasing Agent, in advance, for approval. Cost is a critical 200 component of the selection process. 201 202 d. Evaluation Committee: The City shall establish an Evaluation Committee 203 ("Committee") to be responsible for evaluating the qualifications of potential offerors of 204 CM and reviewing proposals submitted for such services. This Committee shall 205 consistent of a minimum of four (4) and a maximum of six (6) voting members. The 206 members of the Committee shall have expertise relevant to the project, with 207 backgrounds in such areas as project design, construction, finance, contract review, and 208 project management. The Committee shall be chaired by a licensed engineer or 209 architect. The membership of the Committee shall be determined by the City Engineer 210 or his designee. 211 212 e. Selection of Qualified Offerors (Step I)— Request for Qualifications (RFQ): The City 213 shall conduct a prequalification process as follows to determine which offerors are 214 qualified to receive the Request for Proposal (RFP). 215 216 i. The City shall prepare a RFQ containing the City's facility requirements, building 217 and site criteria, site and survey data (if available), the criteria to be used to evaluate 218 RFQ responses, and other relevant information, including any unique capabilities or 219 qualifications that will be required of the contractor. All offerors shall have a 220 licensed Class "A" contractor registered in the Commonwealth of Virginia as part of 221 the Project team. 222 223 ii.The RFQ shall be posted in accordance with the current standards for the posting 224 of public invitations to bids in the Virginia Code and the relevant sections of the City 225 Code. 226 227 iii. The Committee shall evaluate each responding firm's RFQ response and any 228 other relevant information and shall determine those deemed qualified with respect 229 to the criteria established for the project. 5 230 231 iv. The RFQ evaluation process shall result in a short list of two to five offerors to 232 receive the RFP. An offeror may be denied prequalification only as specified under 233 the Code of Virginia § 2.2-4317, but the short list also shall be based upon the RFQ 234 criteria. 235 236 v. At least thirty (30) days prior to the date established for the submission of 237 proposals, the City shall advise each offeror in writing as to whether that offeror has 238 been prequalified. If an offeror is denied prequalification, the written notice shall 239 state the reasons for the denial of prequalification and the factual basis for such 240 reasons. Prequalified offerors that are not selected for the short list shall likewise be 241 provided the reasons for such decision. 242 243 f. Selection of a Construction Manager (Step II) — Request for Proposals (RFP): 244 245 i. The City shall send a RFP to the qualified offerors on the short list and request 246 submission of formal proposals from them. The criteria for award shall be included 247 in the RFP. 248 249 ii. Proposals as described in the RFP shall be submitted to the Purchasing Agent. 250 251 iii. The Committee will evaluate and rank the proposals. After evaluation and 252 ranking of the proposals, the Committee shall conduct negotiations with two or more 253 offerors submitting the highest ranked proposals, unless the City determines that 254 only one offeror is full qualified or that one offeror is clearly more highly qualified 255 than the others under consideration, in which case a contract may be negotiated 256 and awarded to that offeror. 257 258 iv. The Committee shall make its recommendation on the selection of a construction 259 manager to the Purchasing Agent based on its evaluation and negotiations. The 260 contract shall be awarded to the offeror that is fully qualified and has been 261 determined to have provided the best value in response to the RFP. 262 263 v. The Committee will notify all offerors that submitted proposals which offeror was 264 selected for the project. The Notice of Intent to Award may be used to make this 265 notification. When the terms and conditions of multiple awards are so provided in 266 the RFP, awards may be made to more than one offeror. 267 268 vi. Upon request, documentation of the process used for the final selection shall be 269 made available to the unsuccessful proposers. 270 271 g. Required CM Contract Terms: Any Guaranteed Maximum Price construction 272 management contract entered into by the City will contain provisions requiring that (1) 273 not more than 10% of the construction work (measured by cost of the work) will be 274 performed by the CM with its own forces and (2) that the remaining 90% (or more) of the 275 construction work will be performed by subcontractors of the CM which the CM must 6 276 procure by publicly advertised, competitive sealed bidding to the maximum extent 277 practicable. Additionally, the subcontracting shall comply with the City's SWAM-certified 278 small business enhancement program. Documentation shall be placed in the file 279 detailing the reasons any work is not procured by publicly advertised competitive sealed 280 bidding. The Purchasing Agent may modify these contractual requirements in whole or 281 in part for projects after making a written determination that it would be fiscally 282 advantageous to the public to increase the amount of construction work performed by 283 the Construction Manager. 284 285 h. Guaranteed Maximum Price (GMP): The GMP shall be established at the 286 completion of the working drawings unless a waiver has been granted by the Purchasing 287 Agent. 288 289 i. One-Step Solicitation: The Purchasing Agent may approve a one-step solicitation 290 for a project if adequate written justification is provided. 291 292 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 293 , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance/Purchasing me s ffice CA15746 R-1 April 5, 2022 1 A RESOLUTION TO RE-ADOPT PROCEDURES FOR THE 2 SELECTION, EVALUATION, AND AWARD OF DESIGN- 3 BUILD AND CONSTRUCTION MANAGEMENT CONTRACTS 4 I 5 WHEREAS, pursuant to Code of Virginia("Virginia codoCode")§2.2-43084382,a 6 locality may employ design-build or construction management as delivery methods 7 consistent with the procedures established by the Department of General Services for 8 construction projects on a fixed price or not-to-exceed price; and 9 10 WHEREAS, the City of Virginia Beach ("City") desires to 11 necessareplace the 2012 resolution providing the procedures for the use of design-build 12 or construction management contracts when beneficial to the City. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. Design-build contract procurement method shall be a two-step competitive 18 negotiation process. The following procedures shall govern the selection,evaluation and 19 award of design-build contracts: 20 21 a. Criteria for use: Design-build contracts are intended to minimize the project risk for 22 the owner and reduce the delivery schedule by overlapping the design phase and the 23 construction phase of a project. 24 25 b. Approval for use: Prior to taking any action to pursue a design-build project, the 26 requesting department or agency shall receive the approval of the Purchasing Agent to 27 use the design-build procurement delivery method. 28 I 29 c. Basis of award . The award of a design-build contract shall be based on either: 1) 30 an acceptable technical proposal at the lowest fixed price, or 2) a best value 31 determination by weighted scoring of the technical proposal and the financial proposal. 32 Cost shall be a critical component of the selection process 33 34 d. Evaluation Committee: The City shall establish an Evaluation Committee 35 ("Committee")to be responsible for evaluating the qualifications of potential offerors of 36 design-build and reviewing proposals submitted for such services. This Committee shall 37 consist of a minimum of four (4) and a maximum of six (6) voting members. The 38 members of the Committee shall have expertise relevant to the project, with 39 backgrounds in such areas as project design,construction,finance,contract review,and 40 project management. The Committee shall be chaired by a licensed engineer or 41 architect. The membership of the Committee shall be determined by the City Engineer 42 or his designee. 43 44 e. Selection of Qualified Offerors(Step I)—Request for Qualifications(RFQ) 45 I 46 i.The City shall publish notice of its RFQ at least thirty(30)days prior to the date set 47 for receipt of qualifications by posting in the Purchasing Agent's office,distributing to 48 relevant trade group using the DBM€applicable SWaM database, and in a local 49 newspaper of general circulation in the City so as to provide reasonable notice to 50 the maximum number of offerors that can be reasonably anticipated to submit 51 qualifications in response to the particular request. Additionally,qualifications may I 52 be solicited directly from vendors. If practicable, the notice also shall a'so be 53 published in appropriate national trade publications. 54 55 ii.The RFQ shall provide a description of the project,the services required by the City, 56 any unique capabilities to be required of the offeror, and the criteria to be used in 57 evaluating the potential offeror's qualifications. The RFQ shall request of potential 58 offerors only such information as is appropriate for an objective evaluation of all 59 offerors pursuant to such criteria. The RFQ shall establish procedures whereby 60 comments concerning provisions in the RFQ can be received and considered prior 61 to the time set for receipt of qualifications.All offerors shall have a licensed Class 62 "A" contractor and an Architect or Engineer registered in the Commonwealth of 63 Virginia as part of the offeror's team. 64 65 iii.The Committee shall evaluate each responding offeror's qualifications submittal and 66 any other relevant information and shall determine which offerors are fully qualified 67 and suitable for the project. 68 69 iv.The RFQ evaluation shall result in a short list of twethree to five offerors to receive 70 the RFP. If available,the short list shall include a minimum of one DSBSD-Certified 71 Small Business that meets the minimum requirements for prequalification. An 72 offeror may be denied prequalification only as specified in Virginia Code§2.2-4317, 73 but the short list shall also be based upon the RFQ criteria. 74 75 v.The RFQ evaluation process shall evaluate an offeror's experience for a period of 76 ten prior years to determine whether the offeror has constructed,by any method of 77 project delivery,at least three projects similar in program and size. 78 79 v-vi.At least thirty (30) days prior to the date established for the submission of 80 proposals,the City shall advise each offeror in writing as to whether that offeror has 81 been prequalified. In the event that an offeror is denied prequalification,the written 82 notice shall state the reasons for the denial of prequalification and the factual basis 83 for such reasons. Prequalified offerors that are not selected for the short list s4a44 84 likewise shall be provided the reasons for such decision. 85 86 f. Selection of the Design-Build Contractor(Step II): 87 88 i.The City shall prepare a Request for Proposal ("REP") that includes: 1) the 89 instructions for submitting the proposal,the criteria for evaluation,and the terms and 90 conditions of the design-build contract; 2) a narrative description of the project 91 requirements;3)general conditions and technical specifications; aric 4)facility and I 92 site plans as appropriate for the project. The RFP!nay also may define such other 93 requirements as the City determines appropriate for a particular project. The RFP 94 shall include procedures whereby comments concerning specifications or other 95 provisions contained in the RFP can be received and considered prior to the time 96 set for receipt of proposals. 97 98 ii.The City shall send a RFP to the qualified design-build offerors on the short list for 99 the project and request formal proposals from them. Offerors will have at least thirty 100 (30)days to submit a proposal.Separately sealed technical and financial proposals 101 shall be submitted to the Purchasing Agent.The Purchasing Agent will provide the 102 technical proposals to the Committee and retain the financial proposals until the 103 technical review is complete. 04 [Formatted:Underline 05 iii.Based on criteria established in the RFP,theUpon receipt, the proposals shall be Formatted:List Paragraph,Left,Indent:Left: 0",Tab 06 reviewed by the SWaM office to ensure compliance with the applicable SWaM stops:Not at -1"+ -0.5"+ 0.5"+ 1.5"+ 1.81"+ 3.2"+ 3.75"+ 5.5" 07 requirements. If the City is undertaking Progressive Design-Build, this review 08 occurs at the proposal submission but is subject to review and update prior to the 09 agreement upon a guaranteed maximum price. 10 11 iii-iv.The Committee shall evaluate each of the technical proposals based on criteria 12 established in the RFP. As a part of the evaluation process, the Committee may 113 grant each of the offerors an equal opportunity for direct and private communication 114 with the committee. Each offeror shall be allotted the same fixed amount of time. In 115 its conversations with offerors, the Committee shall exercise care to discuss the 116 same owner information with all offerors. In addition, the Committee shall not 117 disclose any trade secret or proprietary information for which the offeror has invoked 1118 protection min accordance with the procedure set forth in Virginia Code§ 119 2.2-4342. 120 121 v The Committee will inform each offeror of any adjustments necessary to make its 122 technical proposal fully compliant with the requirements of the RFP.In addition,the 123 City may require that offerors make design adjustments necessary to incorporate 124 project improvements and/or additional detail information identified by the 125 Committee. 126 127 yi Based on the adjustments made to the technical proposals,the offeror may amend 128 its financial proposal. In addition, an offeror may submit cost modifications to its 129 original sealed financial proposal which are not based upon revisions to the 130 technical proposal. 131 132 l The Committee shall evaluate and rank(the technical proposals if technical rankings 33 are to be considered as a criteriacriterion for award)the technical proposals.Should 134 the City determine in writing and in its sole discretion that only one offeror is fully 135 qualified, or that one offeror is clearly more highly qualified than the others under 136 consideration, a contract may be negotiated and awarded to that offeror after 137 approval of the Purchasing Agent. Otherwise,the Purchasing Agent shall open the 138 financial proposals and apply the criteria for award as specified in the RFP. 139 140 u+ viii.The Committee shall make its recommendation for the selection of a design builder 141 to the Purchasing Agent based on its evaluations of the technical and financial 142 proposals. The contract shall be awarded to the offeror who is fully qualified and 143 has been determined to have provided the best value in response to the RFP. 144 145 viii,ix.The Committee will notify all offerors who submitted proposals which offeror was 146 selected for the project. The Notice of Intent to Award may be used to make this 147 notification. When the terms and conditions of multiple awards are so provided in 148 the RFP, awards may be made to more than one offeror. 149 150 E,, x Upon request and in accordance with Virginia Code§2.2-4342,documentation of 151 the process used for the final selection shall be made available to the unsuccessful 152 proposers. 53 54 q. Alternative Procedure for Progressive Design-Build 55 56 i.Upon a written determination by the Purchasing Agent that certain compensable 57 design work is necessary to deliver a final guaranteed maximum price, the City 58 may include in the RFP the ability to undertake Progressive Design-Build. 59 ii.The review of proposals for Progressive Design-Build shall be the same as 60 described above. However,after the City's determination to award,the execution 61 of a contract may include compensable design work. 62 iii.The design collaboration shall include representatives of the City and the Design- 63 Builder advancing the design of the project beyond the design included in the 64 RFP. The goal of such design collaboration is to reduce contingencies and bridge 65 any design discrepancies. At the end of the design collaboration, the Design- 66 Builder shall present the City with a guaranteed maximum price. At the 67 submission of the guaranteed maximum price,the Design-Builder may update the 68 applicable SWaM plan(s)to reflect the advanced design. The City shall have the 69 sole option to agree to the guaranteed maximum price or abandon the design- 70 build contract. If the City elects to abandon the design-build contract,the Design- 71 Builder shall be fully compensated for the services provided in advancing the 72 design of the project provided the acceptance of such payment shall require the 73 Design-Builder transferring to the City the right to use technical solutions,design 74 concepts,and any other work product developed during the design collaboration. 75 76 h. Proposal Compensation (Stipend): For designated Design-Build procurement 77 efforts,short-listed firms that are not selected but have fully complied with all aspects 78 of the RFQ and RFP may be provided proposal compensation(stipend)under certain 79 circumstances. The value of the proposal compensation will be determined on a 80 case-by-case basis and shall be conditioned upon the offeror conveying to the City 81 the right to use technical solutions or design concepts in the proposal. City Council 4 182 approval, either by direct action or in the relevant project page of the Capital 83 Improvement Program_.shall be required for the provision of Proposal Compensation. 184 185 2. Construction Management(CM)procurement method shall be a two-step competitive 186 negotiation process. The following procedures shall govern the selection, evaluation and 187 award of CM contracts: 188 89 a. Criteria for use of Construction Management-GM4. CM contracts may be approved 190 for use on projects where: 1) fast tracking of construction is needed to meet City 191 program requirements, or 2) value engineering and/or constructability analyses 192 concurrent with design are required. 193 194 b. Approval for use: Prior to taking any action to pursue a CM project,the requesting 195 department or agencies shall request the approval of the Purchasing Agent to use a CM 196 contract. 197 198 c. Basis of award: The basis of the award of the contract shall be in accordance with 99 competitive negotiation for nonprofessional services,and the criteria for the award shall 00 be submitted to the Purchasing Agent,in advance,for approval. It is noted that costCost 201 is a critical component of the selection process. 202 t03 d. Evaluation Committee The City shall establish an Evaluation Committee 204 ("Committee")to be responsible for evaluating the qualifications of potential offerors of 205 CM and reviewing proposals submitted for such services. This Committee shall 206 consistent of a minimum of four(4) and a maximum of six (6) voting members. The 207 members of the Committee shall have expertise relevant to the project, with 208 backgrounds in such areas as project design,construction,finance,contract review,and 209 project management. The Committee shall be chaired by a licensed engineer or 210 architect. The membership of the Committee shall be determined by the City Engineer 211 or his designee. 212 t 13 e. Selection of Qualified Offerors(Step I)—Request for Qualifications(RFQ): The City 214 shall conduct a prequalification process as follows to determine which offerors are 215 qualified to receive the Request for Proposal(RFP). 216 217 i.The City shall prepare a RFQ containing the City's facility requirements, building 218 and site criteria,site and survey data(if available),the criteria to be used to evaluate t19 RFQ Res-ponsesresponses,and other relevant information, including any unique 220 capabilities or qualifications that will be required of the contractor. All offerors shall 221 have a licensed Class"A"contractor registered in the Commonwealth of Virginia as 222 part of the Project team. 223 224 ii.The RFQ shall be posted in accordance with the current standards for the posting t25 of public invitations to bids in the Virginia Code and the relevant sections of the City 226 Code. 227 228 iii. The Committee shall evaluate each responding firm's RFQ response and any 229 other relevant information and shall determine those deemed qualified with respect 230 to the criteria established for the project. 231 232 iv. The RFQ evaluation process shall result in a short list of two to five offerors to 233 receive the RFP. An offeror may be denied prequalification only as specified under _ t34 the Code of Virginia§2.2-4317,but the short list also shall atse-be based upon the {Formatted:Font:Not Italic 35 RFQ criteria. 236 237 v. At least thirty (30) days prior to the date established for the submission of 238 proposals,the City shall advise each offeror in writing as to whether that offeror has t39 been prequalified. In the event thatlf an offeror is denied prequalification,the written 240 notice shall state the reasons for the denial of prequalification and the factual basis 241 for such reasons. Prequalified offerors that are not selected for the short list shall 242 likewise be provided the reasons for such decision. 243 t44 f. Selection of a Construction Manager (Step II) — Request for PropesalProposals 245 (RFP): 246 247 i. The City shall send a RFP to the qualified offerors on the short list and request 248 submission of formal proposals from them. The criteria for award shall be included 249 in the RFP. 250 251 ii. Proposals as described in the RFP shall be submitted to the Purchasing Agent. 252 253 iii. The Committee will evaluate and rank the proposals. After evaluation and 54 ranking of the proposals,the Committee shall 1)conduct negotiations with two or 55 more offerors submitting the highest ranked proposals,or 2)shouldunless the City 56 deferoaedetermines that only one offeror is full qualified or that one offeror is 57 clearly more highly qualified than the others under consideration, in which case a 258 contract may be negotiated and awarded to that offeror. 259 260 iv.The Committee shall make its recommendation on the selection of a construction 261 manager to the Purchasing Agent based on its evaluation and negotiations. The t62 contract shall be awarded to the offeror whothat is fully qualified and has been 263 determined to have provided the best value in response to the RFP. 264 t65 v.The Committee will notify all offerors w iothat submitted proposals which offeror 266 was selected for the project. The Notice of Intent to Award may be used to make 267 this notification. When the terms and conditions of multiple awards are so provided 268 in the RFP, awards may be made to more than one offeror. 269 270 vi. Upon request,documentation of the process used for the final selection shall be 271 made available to the unsuccessful proposers. 272 273 g. Required CM Contract Terms: Any Guaranteed Maximum Price construction 274 management contract entered into by the City will contain provisions requiring that(1) 275 not more than 10% of the construction work (measured by cost of the work) will be 276 performed by the CM with its own forces and(2)that the remaining 90%(or more)of the 277 construction work will be performed by subcontractors of the CM which the CM must 278 procure by publicly advertised, competitive sealed bidding to the maximum extent 279 practicable. Additionally,the subcontracting shall comply with the City's DMBE-certified 280 small business enhancement program. Documentation shall be placed in the file 281 detailing the reasons any work is not procured by publicly advertised competitive sealed 282 bidding. The Purchasing Agent may modify these contractual requirements in whole or t83 in part for projects whereafter making a written determination that it would be fiscally 284 advantageous to the public to increase the amount of construction work performed by 285 the Construction Manager. 286 287 h. Guaranteed Maximum Price (GMP): The GMP shall be established at the 288 completion of the working drawings unless a waiver has been granted by the Purchasing 289 Agent. 290 291 i. One-Step Solicitation: The Purchasing Agent may approve a one-step solicitation t92 for a project if adequate written justification is provided. 293 94 Adopted by the Council of the City of Virginia Beach,Virginia,on the day of 95 ,2-02022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Dept.of-Finance/Purchasing City Attomey's Office CA12308 CA15746 Formatted_Font:10 pt June 11,2012April 5,2022, (Formatted:Font:to pt 7 p J 01;144, ,r, s s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution of the Council of the City of Virginia Beach, Virginia for Approval of the Issuance by the City of Virginia Beach Development Authority of its Revenue Bonds for the Benefit of the Cape Henry Collegiate School Project, Located in the City of Virginia Beach, Virginia MEETING DATE: May 3, 2022 • Background: The City of Virginia Beach Development Authority (the "Authority") has considered the application of Cape Henry Collegiate School, Inc. ("Cape Henry"), requesting the issuance by the Authority of its revenue bonds in an amount not to exceed $16,000,000 (the "Bonds"), for the purposes of (1) financing a portion of the cost of the acquisition, construction and equipping of an approximately 49,500 square foot academic and performing arts facility to be known as the Center for Innovation and the Performing Arts, to be located on the Applicant's campus at 1320 Mill Dam Road, Virginia Beach, VA 23454, and (2) paying a portion of the Bonds' issuance costs and other transaction costs (collectively, the "Project"); and • Considerations: The matter comes before Council for its approval pursuant to §15.2-4906 of the Code of Virginia, which requires the municipality on whose behalf the bonds of an authority are issued to either approve or disapprove any financing recommended by a development authority within sixty (60) days of the date of the authority's public hearing. The Authority's public hearing was held on April 19, 2022. The debt issued shall be non-recourse to the City or the Authority and shall not constitute a debt of either body. • Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of §15.2-4906 of the Virginia Code. • Recommendation: Approval • Attachments: Resolution Submittal Letter to Council w/attachments: - Evidence of Public Hearing Notice - Record of Public Hearing - Authority's Resolution - Statement of Authority - Fiscal Impact Statement - Economic Development's Letter to Authority - Disclosure Statement Location Map Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: 1 A RESOLUTION OF THE COUNCIL OF THE CITY OF 2 VIRGINIA BEACH, VIRGINIA FOR APPROVAL OF THE 3 ISSUANCE BY THE CITY OF VIRGINIA BEACH 4 DEVELOPMENT AUTHORITY OF ITS REVENUE BONDS 5 FOR THE BENEFIT OF THE CAPE HENRY COLLEGIATE 6 SCHOOL PROJECT, LOCATED IN THE CITY OF VIRGINIA 7 BEACH, VIRGINIA. 8 9 WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), 10 was created pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as 11 amended (the "Act"), and is now existing and operating as a public body corporate and 12 politic, and the Act empowers the Authority to issue its revenue bonds for any purpose 13 for which an industrial development authority organized under Title 15.2, Chapter 49 of 14 the Code of Virginia may issue its bonds, and as a result of such authorization, the 15 Authority is empowered to issue its bonds for facilities for nonprofit organizations, 16 exercising such power for the benefit of the inhabitants of the Commonwealth and for the 17 promotion of their health, welfare, convenience or prosperity; and 18 19 WHEREAS, Cape Henry Collegiate School, Inc., a Virginia non-stock corporation 20 (the "Applicant") recognized as an organization described in Section 501(c)(3) of the 21 Internal Revenue Code of 1986, as amended (the "Code"), has engaged in discussions 22 with representatives of the Authority and of the City of Virginia Beach, Virginia (the "City") 23 regarding the issuance of $16,000,000 of the City of Virginia Beach Development 24 Authority Revenue Bonds (the "Bonds") for the purposes of: (1) financing a portion of the 25 cost of the acquisition, construction and equipping of an approximately 49,500 square 26 foot academic and performing arts facility to be known as the Center for Innovation and 27 the Performing Arts, to be located on the Applicant's campus at 1320 Mill Dam Road, 28 Virginia Beach, VA 23454, and (2) paying a portion of the Bonds' issuance costs and 29 other transaction costs (collectively, the "Project"); and 30 31 WHEREAS, the Applicant, will be the initial legal owner of the Project, and has its 32 principal place of business at 1320 Mill Dam Road, Virginia Beach, VA 23454; and 33 34 WHEREAS, Section 147(f)of the Code, requires, among other things, the approval 35 by this Council of the issuance of any new issue of private activity bonds after the 36 Authority has held a public hearing to consider the issuance of such bonds as one of the 37 acts required in order for the interest on such bonds to qualify for exemption from the 38 imposition of federal income tax, and Section 15.2-4906 of the Code of Virginia of 1950, 39 as amended (the "Virginia Code") and Section 2 of Chapter 514 of the 1983 Acts of the 40 General Assembly of Virginia similarly require the approval by this Council of the issuance 41 of any new issue of private activity bonds within sixty(60)calendar days after the Authority 42 has held a public hearing to consider the issuance of such bonds; and 43 44 WHEREAS, the Applicant applied to the Authority for the issuance of the Bonds to 45 finance a portion of the cost of acquiring, constructing and equipping the Project; and 1 46 WHEREAS, on April 19, 2022, the Authority, following reasonable public notice, 47 conducted a public hearing on the application of the Applicant for the issuance of the 48 Bonds in compliance with the requirements of Section 147(f) of the Code, Treasury 49 Regulations Section 1.147(f)-1, Section 15.2-4906 of the Virginia Code, and Section 2 of 50 Chapter 514 of the Acts of the General Assembly of Virginia of 1983, and immediately 51 thereafter, the Authority adopted a resolution (the "Official Action Resolution") in which it 52 agreed in principle to cooperate in the issuance of the Bonds to provide financing for a 53 portion of the cost of the acquisition, construction and equipping of the Project by issuing 54 the Bonds in an amount not to exceed $16,000,000, as proposed by the Applicant, 55 conditioned upon the approval by this Council of the Authority's issuance of the Bonds; 56 and 57 58 WHEREAS, a Fiscal Impact Statement complying with the requirements of Section 59 15.2-4907 of the Virginia Code and Section 2 of Chapter 514 of the Acts of Assembly of 60 1983, a record of the April 19, 2022 public hearing held by the Authority, and a copy of 61 the Official Action Resolution approving the issuance of the Bonds and recommending 62 that this Council grant public approval of the Bonds, subject to the terms to be agreed 63 upon, have been filed with the Council. 64 65 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 66 VIRGINIA BEACH, VIRGINIA: 67 68 1. That the recitals in the preambles hereto are found to be true and correct in 69 all respects, and are adopted as findings of this Council as if fully rewritten herein. 70 71 2. That the Project proposed to be financed by the issuance of the Bonds is 72 deemed appropriate for such financing and, accordingly, the issuance of the Bonds is 73 hereby approved. 74 75 3. The approval of the issuance of the Bonds, as required by Section 147(f) of 76 the Code and by Section 15.2-4906 of the Virginia Code, does not constitute an 77 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the 78 Project or the Applicant and the Bonds shall provide that the City of Virginia Beach shall 79 not be obligated to pay the Bonds or the interest thereon or other costs incident thereto, 80 and neither the faith or credit nor the taxing power of the Commonwealth of Virginia or 81 any political subdivision thereof, including the City of Virginia Beach Development 82 Authority and the City of Virginia Beach, shall be pledged thereto. 83 84 This Resolution shall be in effect on and after the date of its adoption. 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on day of 8 7 , 2022. 2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney CA15626 Wbgov.corn1DFS11Ap ,w011n004as».00c R-1 April 22, 2022 47456930.2 3 Ri VIRGINIA BEACH lit''r�.:; c)t'f:4 -il'! t\in H()I`I ! ';' May 3,2022 The Honorable Robert M.Dyer,Mayor Members of City Council Municipal Center Virginia Beach,Virginia 23456 Re: Cape Henry Collegiate School,Inc.—Issuance of the City of Virginia Beach Development Authority's Revenue Bonds in an amount not to exceed$16,000,000 Dear Mayor Dyer and Members of Council: We submit the following in connection with the request of Cape Henry Collegiate School, Inc.'s application for the issuance of revenue bonds in an amount not to exceed $16,000,000 for its project located at 1320 Mill Dam Road,Virginia Beach,Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A,and a summary of the statements made at the public hearing is attached as Exhibit B. 2. The City of Virginia Beach Development Authority's(the"Authority's")resolution recommending Council's approval is attached as Exhibit C. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit D. 4. The Fiscal Impact Statement is attached as Exhibit E. 5. A letter from the Department of Economic Development commenting on the project is attached as Exhibit F. 6. The Disclosure Statement is attached as Exhibit G. Very truly yours, alfriurX C. „S-j17 ::) Joseph E. Strange Vice-Chair JES/AWS/csk Enclosures 4525 Main Street,Suite 700,Virginia Beach,VA 23462/(757)385-6464 EXHIBIT A [Virginian Pilot publication dates: Tuesday, April 5, 2022 and Tuesday, April 12,2022] NOTICE OF PUBLIC HEARING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TUESDAY, APRIL 19, 2022 All persons interested in the proposed issuance of the below-mentioned bonds by the City of Virginia Beach Development Authority (the "Authority") should take notice that the Authority will hold a public hearing on the subject of such bonds and the related plan of financing on Tuesday, April 19, 2022, at 8:30 a.m., in the Authority's offices at 4525 Main St., Suite 700, Virginia Beach, Virginia, which hearing may be adjourned or continued without further notice. The project description, maximum amount, name of the initial legal owner, operator or manager of the project to be financed thereby, location of the project to be financed thereby and purpose of the bonds being considered are as follows: $16,000,000 City of Virginia Beach Development Authority Revenue Bonds(Cape Henry Collegiate School Project), for the benefit of Cape Henry Collegiate School, Inc., a Virginia non-stock corporation recognized as a 501(c)(3) organization (the "Applicant"), for the purposes of (1) financing a portion of the cost of the acquisition, construction and equipping of an approximately 49,500 square foot academic and performing arts facility to be known as the Center for Innovation and the Performing Arts, located on the Applicant's campus at 1320 Mill Dam Road, Virginia Beach, VA 23454, and (2) paying a portion of the bonds' issuance costs and other transaction costs (collectively, the "Project"). The Project's initial legal owner will be the Applicant, whose principal place of business is located at 1320 Mill Dam Road, Virginia Beach, VA 23454. Said bonds, if issued, will not create a debt or pledge of the faith and credit of the Commonwealth of Virginia, the City of Virginia Beach or the Authority, and will not be payable from state or local tax revenues. Rather, such bonds will be limited obligations of the Authority, payable solely from funds provided by the Applicant, as beneficiary of the bonds. A copy of the Applicant's application is available for inspection at the Authority's office, at 4525 Main St., Suite 700, Virginia Beach, Virginia, during business hours, or by calling Ms. Vicki Kelley at (757) 385-6464, to request that it be sent by e-mail. Any person interested in the issuance of the bonds or the location or nature of the proposed project may appear at the hearing and present their views. Written comments regarding the proposed financing may be submitted to the Authority prior to the public hearing, in care of Ms. Vicki Kelley, by mail or delivery to the above location, or to the Authority during said hearing. Any disabled person who will require an accommodation to participate in the public hearing is requested to call the Authority at least three (3) days in advance of the public hearing. City of Virginia Beach Development Authority Notice of Public Hearing for VBDA re_Cape Henry Colleg(47298099.3) t. et 16 I Tuesday,Aprlt 5,2022 Legal Notice t l'C ffiUBtIC HEARI�I(»t.0e, • ,'''' ' .THE - -• 1 4,-t ,i4 ' t°'tITY OF VIRGINIA BEACH' . ,QP,Y, ,gPMENT`AUTHOR :, •1,-1., ` '`'Ttj SDAY,`'APRIL:19,2022- }AII'peon s Interested in the proposerd • (issuance-;tQf the •below-mentioned bonds by t4 City of Virginia Beach.De-,• . Velopment`Authority,•(the.,."Authority.). • !s ge.4..notice;t0At,theyttbority w • ublic heann o e sub•je . bonds and the reed plan Of financing ow Tuesday;April 1t9,'2O22, - f�aat 8:30 a.m.in<the Autthofity`s offices tit'452,5**9 Sty,giiiteiTe' Matt i ;Beach,Virgin, •with hea ': may ; adjourned or continued'`t •ut further ;not! 1{he project descr,iptior) axi- imdr a no'unt,pame'of the'initi h I' 'ov,Ine,Operator or rnariage'r of the o-`, edflt`if b financed thereby,location'.6f-'" the-project totbe financed thereby and :purpose of the bonds being considered••• :are asifgltowsze :, =:: • , ,'' e,:!,;,,:. 's 0 o.{Char;of V r inia,,Bead:, I: - hRevenue`Bonds qe , e School Project), !for'the ••nefit o ape Henry Cdtle- {giant 'Si'ool,'h d'Virginiii non-stuEtc icorpolption`recognlied as`a•+501(c)(3) lorganiiatioi•i..(ttie."Applicant"-);.f&ttie . spurpos bf,(-1)--finaricing•a:por Ionoot. ;the cost of the acquisition, constcao). Ftion and equipping of an approximately 4%.1q0- luar Apak. ` m ,l:ic, _,,. 'per orming arts'facility—to e k •, as the Center for Innovation a • # ' Performing,Artsg,�!l�OC� qQ t�he_t :4!ii- cant's caus enlowmVV ti .•'•,'1 100 uir inia Beach,VA 234 r=nd 2 , in € portion,of�the +'• 'i- . 'i sts and other transabtigp ►-,;.«• Iectivety,the "Project`l.•,die'• i+�s 1 ;isitil,P0°lime!w 4,t r ,ft .s i.. 'I-.. wri r .•:i:•. : 13iO4 1.,111,;t:118' ;..,:••,(-.', itit.' ' , , ii+r tutor'; .- ;;-, n, -:tAir . 4S g`,if issue it Rtiebreate3 * i debt pfe'dge`of ris nd credit pf,the.Corhmonwea•u ,-itirgirliaM per . CIty anal►:laiaiBe-.11..1, t....•S - ' a rillia' •'' i t .,!i�•.l- .`,0. I, i. -N.- m ed�,,..l .i?;. •`, 7►..: , " - ..b "s"olefy f' -�i t by ilayittalt:-,,,4:,:_,..,%..r:•..,),,i,1 ,f,i• 4A copy.ofthe-Appl•-: ., - •,lication is +available f i ;::r- . ii: •uthori- ty' •cn.�;,; '- rl• !, ,w;i..j},:7�.1 � g`X ` r_Tt_ VI : � , .,/.r•alj,_ •• nets hours,k`r «-,'. 7.„ 'Kel- ley.at(757)385646.'•';;S} est that 'it•be sent=by e-mail r, • ,nter testted"irfttHetlssuance.• +_' _ -•= !the location or natures'' ='„„, -.. projegt nay-appearatltheVie..,t::and_ presepttheir views. . ri r j rbe rdip�g t e ttle proo o`;, l -, . ..,: ;r the"ublic:hearing,iri`care:.M 1 Keltey mall or deliver .tth ( location,or to the Authority"'durIng''salil0 hearing:'Any disabled person who 1.4i1l• require:an-accommodation to-partici-1, pate,in•the.public hearing is requested, to,cali,the Authority;at least three 43) days io•adyance.of•the publ(c:hearing. City of Virginia Beach Develorfrnerit Authoqrity 1 4/5/2022,4/12/2022 7184134 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING APRIL 19, 2022,AT 8:30 A.M. (CAPE HENRY COLLEGIATE SCHOOL PROJECT) The Vice Chair of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Cape Henry Collegiate School Inc., a Virginia non-stock corporation (the "School") recognized as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, that the Authority assist in the financing of the School's acquisition,construction and equipping of(1)an approximately 49,500 square foot academic and performing arts facility to be known as the Center for Innovation and the Performing Arts, to be located on the Applicant's campus at 1320 Mill Dam Road, Virginia Beach,VA 23454,and(2)paying a portion of the bonds' issuance costs and other transaction costs (collectively, the "Project"), by the issuance of its tax-exempt revenue bonds in an amount not to exceed $16,000,000. The Chair noted that (a) a notice of the public hearing had been published once a week for two consecutive weeks in The Virginian-Pilot, a newspaper having general circulation in the City of Virginia Beach, Virginia, one publication being not less than 14 days prior to the hearing and both publications being not less than 6 days and not more than 21 days prior to the hearing, and (b) a copy of the affidavit of publication of such notice had been filed with the records of the Authority. No members of the public appeared to address the Authority, and the Vice Chair closed the public hearing. Following the closing of the public hearing,and remarks by William L.Nusbaum, of Williams Mullen,as bond counsel,Chris Garran,Head of School,and Ling Xie,Chief Financial Officer of the School, a resolution entitled "Resolution Evidencing the Official Intent of the City of Virginia Beach Development Authority to Issue its Revenue Bonds for the Benefit of Cape Henry Collegiate School, Inc., in the Principal Amount Not to Exceed $16,000,000," wherein the Authority agreed to assist the School with not to exceed$16,000,000 of tax-exempt bond financing for its Project,was moved,seconded and unanimously adopted by the Authority,with Lisa Murphy abstaining due to a conflict of interest. (47451909.2) EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR THE BENEFIT OF CAPE HENRY COLLEGIATE SCHOOL,INC. AND THE EXECUTION OF RELATED DOCUMENTS WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created and organized pursuant to and in accordance with the provisions of Chapter 643 of the Virginia Acts of Assembly of 1964, as amended, which incorporates by reference the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended(collectively,the"Act"),and has been vested with all powers necessary or convenient to carry out and effectuate the purposes and provisions of the Act, including, among others, the issuance of bonds to assist Cape Henry Collegiate School, Inc., a Virginia non-stock corporation (the"School")which is exempt from federal income taxation as a charitable organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), in (1)(a) financing not to exceed$16,000,000 of the cost of the acquisition, construction and equipping of an approximately 49,500 square foot academic and performing arts facility to be known as the Center for Innovation and the Performing Arts,to be located on the School's campus at 1320 Mill Dam Road, in the City (the "Property"), and(b)the payment of a portion of the costs of issuing the Bonds and other transaction costs (collectively, the "Project") and (2) refinancing the outstanding principal balance of that certain $8,438,000 Economic Development Authority of Middlesex County Revenue and Refunding Bond(Cape Henry Collegiate School Project), Series 2013 (the "Refunded Bond"), meeting the requirements of Section 145 of the Internal Revenue Code of 1986,as amended(the"Code"); WHEREAS,(i)the acquisition,construction,equipping and operation of the Project and the refinancing of the Refunded Bond will benefit the inhabitants of the City of Virginia Beach,Virginia and the Commonwealth of Virginia and promote their health,welfare,convenience and prosperity; (ii)providing financing for the Project and refinancing the Refunded Bond will thus be in the public interest; and(iii)the issuance of the proposed bonds will be consistent with the purposes of the Act and the powers of the Authority; and WHEREAS,the School desires the assistance of the Authority to finance the costs incurred and to be incurred for the Project and the Authority has agreed to assist the School; WHEREAS,the School has represented that such assistance by the Authority,among other things, shall benefit the School and assist the School to continue to carryout its charitable mission in the community at large and the Commonwealth of Virginia in a more efficient and effective manner; WHEREAS, the School, in its application,has described the benefits of the Project to the City of Virginia Beach and the Commonwealth and has requested the Authority to issue its revenue bond under the Act in an original principal amount not to exceed$16,000,000 to finance a portion of the costs of the Project (the "New Money Bond") and in addition, also asks the Authority to issue a refunding revenue bond in the approximate original principal amount of$3,779,109.02,to refmance the outstanding principal balance of the Refunded Bond (the "Refunding Bond," and together with the New Money Bond, the "Bonds") for the benefit of the School to finance the Project and refmance the Refunded Bonds; WHEREAS, a public hearing was held by the Authority on this date in compliance with the requirements of Section 147(f) of the Code, Treasury Regulations Section 1.147(f)-1, Section 15.2-4906 of the Virginia Code,and Section 2 of Chapter 514 of the Acts of the General Assembly of Virginia of 1983, and immediately subsequent to such public hearing the Authority adopted a resolution (the "Official Action Resolution"): (a) agreeing in principle, among other things,to assist the School by cooperating in the issuance of the proposed New Money Bond,(b) recommending to the City Council of the City (the "Council") that it adopt a resolution (the "Council Resolution")granting"public approval"of the issuance of the New Money Bond to fund a portion of the cost of acquiring,constructing and equipping the Project and the plan of financing within the meaning of Section 15.2-4906 of the Virginia Code and Section 147(f)of the Code,and (c)directing the Chair or Vice Chair of the Authority to transmit to the Council the Fiscal Impact Statement required by Section 15.2-4907 of the Virginia Code, a copy of the Official Action Resolution,and a reasonably detailed summary of the Authority's public hearing held on this date; WHEREAS, there have been presented to this meeting the forms of the following documents and instruments which the Authority proposes to execute to carry out the transactions described above: (a) Bond Purchase and Financing Agreement dated as of May 1, 2022 (the "Financing Agreement"),among the Authority,the School and Southern Bank and Trust Company (the "Lender"); (b) The forms of(i)the New Money Bond,designated as City of Virginia Beach Development Authority Revenue Bond(Cape Henry Collegiate School Project) Series 2022A, in the original principal amount not to exceed $16,000,000.00 and (ii) the Refunding Bond, designated as City of Virginia Beach Development Authority Refunding Revenue Bond (Cape Henry Collegiate School Project) Series 2022B, in the approximate original principal amount of $3,779,109.02, issued and registered for and bearing interest at the rates and payable as set forth therein; (c) The forms of the Assignments (the "Assignments") at the foot of each of the School's two promissory notes designated as Promissory Note(Series 2022A)and Promissory Note(Series 2022B)and initially payable to the Authority(each,a"Note"),whereby each Note is assigned by the Authority,without recourse,to the Lender,as security for the related Bond; (d) The form of the Certificate as to Arbitrage, to be dated as of the date of issuance of the Bonds (the"Arbitrage Certificate");and (e) Internal Revenue Service Information Return Form 8038 for Tax Exempt and Private Activity Bond Issues("Form 8038"); 2 WHEREAS, this authorizing resolution provides that it will only become effective upon the delivery to the Authority's Secretary of a copy of the adopted Council Resolution, granting public approval for the New Money Bond; WHEREAS, no member of the Authority has any personal or business interest in the School,the Bonds or the related promissory notes of the School in connection therewith,or in any of the transactions contemplated therein,or has otherwise engaged in conduct prohibited under or in violation of the Virginia Conflict of Interests Act, Chapter 31, Title 2.2 of the Virginia Code 1950, as amended, in connection with this Resolution or any other official action of the Authority in connection therewith or contemplated thereunder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY : 1. The Chair or Vice Chair of the Authority is hereby authorized and directed to execute,the Secretary or Assistant Secretary of the Authority is hereby authorized and directed,as and where called for, to affix and attest the seal of the Authority, and any of them are authorized and directed to deliver the Financing Agreement, the Arbitrage Certificate, Form 8038 and all other related necessary instruments, certificates and documents to the appropriate parties on the terms provided in such documents. 2. The Chair or Vice Chair of the Authority is hereby authorized and directed to execute the Bonds, and the Secretary or Assistant Secretary of the Authority is hereby authorized and directed to affix thereto and attest the seal of the Authority and, on payment of the purchase price thereof, to cause the Bonds so executed and authenticated to be delivered to the Lender as the purchaser thereof under the Financing Agreement. All the terms of the Bonds, including but not limited all interest rate provisions, are by this reference thereto incorporated herein as part of this Resolution. 3. Neither the Bonds nor the premium, if any, nor the interest payable thereon shall be a general obligation debt of the Commonwealth of Virginia or any political subdivision thereof, including the Authority or the City, and neither the Commonwealth of Virginia, nor any political subdivision thereof,including the Authority or the City,nor the officers,commissioners,directors, employees and/or agents, past, present or future, of any or all, are or shall be personally liable thereon. Rather,the Bonds,together with the prepayment premium,if any,and the interest payable thereon, shall be a limited obligation of the Authority payable solely pursuant to the terms of the Bonds and the related documents. Neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City, is pledged to the payment of the principal of,prepayment premium, if any, or the interest on the Bonds. 4. The School shall pay to the Authority an administrative fee for issuing and carrying the Bonds equal to 1/8 of 1% of the original principal amount of the Bonds per annum, on each anniversary of the issuance of the Bonds. 3 5. The Financing Agreement, the Bonds, the Arbitrage Certificate and Form 8038 shall be in substantially the forms submitted to this meeting,which are hereby approved,with such completions,amendments,omissions,insertions and other changes as may be approved by counsel for the Authority and the officer or officers executing them,their execution to constitute conclusive evidence of approval of any such completions, amendments, omissions, insertions and other changes. 6. Any authorization to the officers of the Authority to execute a document shall include authorization (a) to the Secretary or Assistant Secretary to affix the seal of the Authority to such document and attest such seal,(b) if the closing of the issuance of the Bonds is delayed,to approve redating the Bonds and related documents to the month during which the rescheduled closing occurs; and (c) if prior to closing of the issuance of the Refunding Bond, the principal amount of the Refunded Bond is determined by Bond Counsel,with the concurrence of counsel to the Authority, to be other than S3,779,109.02 (whether due to the closing being delayed into a subsequent month or an inadvertent error), to change the original principal amount of the Refunding Bond to equal the outstanding principal balance of the Refunded Bond on the date the Bonds are ultimately issued and the Refunding Bond is refunded. 7. The officers of the Authority are hereby authorized and directed to take all such further action and to execute and deliver all such other certificates, instruments and documents, as they may consider necessary or desirable in connection with the issuance and sale of the Bonds and the undertaking of the financing of the Project. 8. All actions of the officers of the Authority which are in conformity with the purposes and intent of these Resolutions and in furtherance of the issuance and sale of the Bonds and the undertaking of the financing of the Project are hereby approved and confirmed. 9. All costs and expenses in connection with the Bonds, including but not limited to the fees and expenses of Bond Counsel,shall be paid from the proceeds from the sale of the Bonds to the extent permitted by the Code and the Financing Agreement,or from the funds of the School. If for any reason the Bonds are not issued, it is understood that all such expenses shall be paid by the School and that the Authority shall have no responsibility therefor. 10. The provisions of these Resolutions are hereby declared to be separable, and if any section,phrase or provision of these Resolutions shall be declared invalid,such invalidity shall not affect the validity of the remainder of the sections, phrases and provisions of the Resolutions. 11. These Resolutions will take effect upon the delivery to the Secretary of the Authority of a copy of the adopted Council Resolution granting public approval of the issuance of the New Money Bond. ADOPTED: April 19,2022 4 CERTIFICATE OF VOTES The following is a record of the roll-call vote by the City of Virginia Beach Development Authority (the "Authority"), on the foregoing resolution, approved at the duly called public meeting of the Authority held on April 19, 2022, at which meeting and for which roll-call vote a quorum of the Authority was present: COMMISSIONERS AYE NAY ABSTAIN ABSENT David L. Bernd, Secretary �( Dr. William Brown ✓ William Brunke(Treasurer) V' Nneka Chiazor V W. Taylor Franklin(Assistant Secretary) V Penny Moman �( I isa M. Murphy (Chair) v' 11 ichael J. Standing Joseph E. Stranize(Vice Chair) ✓ Guenter H. Weissenseel 1/ Ronnie L.Parker X [AFFIX SEAL] City of Virginia Beach Development Authority By:Name: �k_ Z Title: Secretary/Assistant Secretary (100040563.1) EXHIBIT D ra7-1) VIRGINIA BEACH DEVELOPMENT AUTHORITY CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY REVENUE BOND NOT TO EXCEED $16,000,000 FOR CAPE HENRY COLLEGIATE SCHOOL, INC. The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above-captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia,by providing improved educational, social and recreational facilities which promotes the health and welfare of the City's citizens. 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757)385-6464 EXHIBIT E FISCAL IM11'A('T STATEMENT FOR A 130NI) ISSUE SUBMITTED TO THE CITY OF VIR(:INIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant hereby authorizes the Chair of the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY to submit to Virginia 13each City Council the following information in compliance with Section I5.2--1907.Code of Virginia of 1950.and states the follow ing: Name of Applicant: Cape Henry Collegiate School. Inc. Project: The acquisition, construction and equipping of an approximately 49.500 square foot academic and performing arts facility to he known as the Center fir Innovation and the Performing Arts, to he located on the Applicants campus at I320 Mill Dam Road, Virginia Beach, VA 23454. and (2) paying a portion of the bonds' issuance costs and other transaction costs . Maximum amount of financing sought (New money bond only) $16,000,000.00 2. Estimated taxable value of the facility's real property to he constructed in the locality $ Tax-Exempt 3. Estimated real property tax per year using present tax rates $ l-ax-Exempt 4. Estimated personal property tax per year using present tax rates $. :fax-Exempt 5. Estimated machinery and tools tax per year using present tax rates $ None 6. a. Estimated dollar value per year of goods that will he purchased From Virginia companies within the locality $200,000 h. Estimated dollar value per year of goods that N‘ill he purchased from non-Virginia companies within the locality $ 200,000 c. Estimated dollar value per year of services that will he purchased from Virginia companies within the locality $ I,365.000 d. Estimated dollar value per year of services that w ill he purchased from non-Virginia companies within the locality $.300..000 7. Estimated number of regular employees on year-round basis I or 2 K. Average annual salary per employee $ $50,000.00 CAPE HENRY COLLEGIATE SCHOOL, INC. "(sr:2 Ling ie.Chief'Financial Officer APPROVED: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: dfroti-->(..e._,J, ce Chair (474 Ixii 0 EXHIBIT F VIRGINIA BEACH ECONOMIC DEVELOPMENT April 19, 2022 Joseph E. Strange,Vice-Chair City of Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach,VA 23462 Re: Cape Henry Collegiate School, Inc. Dear Mr. Strange: The Department of Economic Development concurs with the issuance of revenue bonds in an amount not to exceed$16,000,000 for Cape Henry Collegiate School, Inc. (the "Bonds"). These funds are to be utilized for(1) financing a portion of the cost of the acquisition, construction, and equipping of an approximately 49,500 square foot academic and performing arts facility to be known as the Center for Innovation and the Performing Arts, to be located on the Applicant's campus at 1320 Mill Dam Road,Virginia Beach,VA 23454,and(2)paying a portion of the Bonds' issuance costs and other transaction costs. I will be happy to answer any questions you may have at our next meeting. Sincerely, 1t1 Kathy M. Warren Deputy Director KMW/AWS/csk 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894 N..._ i .' • s?- y,z «:-ra.+.r._ w•$ r i i.+'. ,!§ -n� 1=ik p'"r klr •Yf"�''L''r 4� 71%. r r�a-"'-3,i•Fi"-f` u_r',qy ti Y-a ,e,,,. r s ie:µ Disclosure Statemen YN '{P K iz•st_,.{'_".�.'-•.., v=Z , - City c11iz;n:a Reah- Ka 3r, K Planning & Community R; 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 Cape Henry Collegiate School, Inc. Does the applicant have a representative? ® Yes ❑ No • If yes, list the name of the representative. Ling Xie,Chief Financial Officer, Cape Henry Collegiate School, Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? I Yes ❑ No • If yes, list the names of all officers, directors, members,trustees,etc. below. (Attach a list if necessary) See Exhibit A, attached hereto,listing both the Board of Directors and the Officers. • If yes, list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Cape Henry Collegiate School Students'Assistance Foundation, Inc. is an affiliate of the Applicant,formed to provide scholarships for low-income students at the Applicant. 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 1 I P a g e •1` .'t 'S- - -'4.- ^fti r '•; <5 .s-k°�.-F Y :5 ... "fr'4T�r ��#+!'. a"'c'c.. ,� `_ '` f i - ` { s.,ra:4,,f c-,`'�lypE �*�,}'au `es � '�£ R' `c:. rt - :5: R �,�".•'}ca[ .r�s.Sp�iap t k?+w3a.a+f af<.- •? • � • Disclosure StatementAt ,-. » •;,- j yc'�cr: Ywr"i";� r� � - �..�� .s '�''`••-•A, xo�c�4 t1w.J`� _ • .�{,. 4 �:}. - r•� ,Yy '. �:,' ': 4 -�.»*r jk o .�sue. City of I u mitt Bctrci+ ', " f' • Ht z s � 4 f k<.1 i 1 • .i+ : � s y , = ~3 � ` Planning &Commu 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 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 ❑ No • If yes,identify the financial institutions providing the service. Bond purchaser will be Southern Bank and Trust Company. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes U 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? U Yes ❑ No • If yes,identify the firm and individual providing the service. BDO-Jordan Culbertson 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. Tymoff+Moss Architects-Michael Schnekser 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P age Disclosure Statement \13 .tt 0/t'ttutmt Bart Planning & Cony=nit\- ice's the applicant have a construction contractor in connection with the subject of the application or any business operating or to On operated on the property? ® Yes ❑ No • If yes,identify the company and individual providing the service. MED William Britt 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. Speight Marshall Francis-Jon Walesczyk/Pace Collaborative- Minja Miketa/Gaddy Engineering Services-Mike Gaddy 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. Williams Mullen-William L. Nusbaum,Bond Counsel;Cartwright Reilly,Real Estate Counsel 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. .iet`.� Xr t2. Applicant Sig ture Lin ' Xi e , CRt7 Print Name and Title I L�� 4, 2-o2-2_ Date Is the applicant also the owner of the subject property? al 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 ^— — 3I CAPE HENRY COLLEGIATE BOARD OF TRUSTEES 2021-2022 BOARD OFFICERS Chair Mr. W.Trent Dudley '88 Vice-Chair Vice-Chair Mr. Ronald M. Kramer Mr. Scott Duncan Treasurer Secretary Mrs. Debra Bunn Mr. Edward M. Hewitt Head of School/President Dr. Christopher S. Garran TRUSTEES Ms.Jennifer Adamson Mr.Jeremy McLendon Mr.Thomas H.Atherton, III Mrs. Maureen Olivieri Mr. Bruce Berlin Mrs.Zelda Patrick Mr.Todd Copeland Mr.George F. Shipp Mr.David Ervin Mr. Hobie Whitmore '88 Mr. Serban Ghenea Mr. Ross Winfield Mr.Gary Gilmore Mrs.Cheryl L. Xystros Dr. Elleni Kapoor FOUNDERS AND TRUSTEES EMERITI EX-OFFICIO TRUSTEES Mr. W.Cecil Carpenter* Mr. Tyler Brooks '05,President Mr. John P. Edmondson* Alumni Association Board of Directors Mr.Andrew S. Fine Mr. L. Renshaw Fortier* HEADMASTERS EMERITI Mrs. Dow S.Grones* Mr. Benjamin Huger, II* Dr. W. Hugh Moomaw* Mrs. Grace Olin Jordan* Mr. Daniel P.Richardson* Mr. Bernard W. McCray,Jr. Dr. John P. Lewis Mr.James R. McKenry* Mr. Arthur Peregoff* Mr.George G. Phillips,Jr. Mr.James P. Sadler* Mr. William J. Vaughan* Mrs.Anne Dickson Jordan Waldrop* [*deceased] L -' F.,' tic ' ua vs_ I. i 4-3 .3 � c7, jii- ,. _ -..-._ cc 7:'''''',7-...-,- k. ___. cc —, --___ ---___.. , , 0 I F 4c.,____"____ --____ / / a: ,_ ______ 00 r:— *).-- 7)- W. �le. � - _l yC � r f W ti 1 * ..... . _ * ....________ . , _. x, . ... ..._ ,. A ._ , . ._ , ,_________i..,! ..,\ 1 es �Y - VA H AO-- �� A. QV a311tIHM :., ''''_____--\, ' :.--`9 .. - ra.. L U 4 fIf _ ,.., CC ' r..... ,. ` h': aLL n IIIII M � C I (.� Y-' i r i) EF r if Q ♦ 0 ., u O Oa 4 1111 r __ 6.,,,,,_ O404 Li W V ZSi p E 4!1 ... • } F - � _ _ `� r \ �.np a ,Rn- ', ,p, Ki] _ a� Fp_._ N6Vb'Cj?-!ley _ _ i iit "oTry ,5 ^yCt -- - v; - '— ��yU.�3 m � T cT- ) 1d13 ' m I)� er:sc� '� t.r�� v a �^ 1 f n;-t. �" a. � 'rev F :n 7< 7 ----------. r — cc 1 [-"-6-.---- _ i ''t. v, /419//..,,, L\.?. '' ,„.,, i,N! _,....— ---- 4,46. 0,44---u. -1,, .,,7. _. , tr; •'.---4`.;?K • ray ��` ^i i v b., _ .,� 4 r TN L— \ ./ !h c gy' , N �4,, g ' I :N---, ? ( c --, - I —.-_-_ y ski ''y IJGI m _ ^ II I L . n, }` --1 //,.- , g"-: 1 : , :.,_ ..i., 1 .,,..;'!'1--`itil--, ,,,Y . '5'; \\',,, \ --,`"$ '/ t( _ , r —r--,—.1__(, . 1R. ,` ! i _ [ 7.-- .....' , ., , _._�' : _ 2 I ,--::\_ .1 \_,_ / f1J I , as wbvo � 1 c - ... / \ ��T i mQ - • ke 5, \..V- 2 �a .i !/'�^` S Tam f ��� � • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance approving the sale of School Board property located at 1413 Laskin Road and allowing the School Board to retain the sale proceeds MEETING DATE: May 3, 2022 • Background: The School Board of the City of Virginia Beach (the "School Board") owns approximately 12.41 +/- acres of real property located at 1413 Laskin Road (GPIN 2417-18-3772) (the "Property"). Virginia Code §22.1-129 provides that whenever a school board determines it has no use for some of its real property, the school board may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body, and after the school board has held a public hearing on such sale and retention of proceeds. The School Board held a public hearing on April 5, 2022, and declared the Property as surplus and agreed to sell the Property to The Franklin Johnson Group and/or its related company, TFJG Canopy LLC ("TFJG Canopy") for $7 million, by Resolution adopted on April 26, 2022, subject to City Council's approval. ■ Considerations: The School Board Resolution provides that the proceeds of the sale be allocated to capital projects. City staff is of the opinion that the City does not have a current need for the Property and is in agreement with sale to TFJG Canopy for the proposed multi-use development. The property will be the subject of a conditional rezoning application, which is expected to be back before City Council in June or July 2022. ■ Public Information: The School Board held a public hearing on April 5, 2022 after advertising the hearing in The Virginian-Pilot, to take public comment on the proposed sale of the Property to TFJG Canopy and retention of the proceeds therefrom. The actions to be taken by City Council to approve the sale and retention of the proceeds will be handled through the normal agenda process. • Recommendations: Approve the sale of the Property to TFJG Canopy and allow the School Board to retain the proceeds therefrom. • Attachments: Disclosure, Ordinance, Location Map, School Board Resolution Recommended Action: Adoption of Ordinance Submitting Departme gency: Economic Development j / City Manager: 1 AN ORDINANCE APPROVING THE SALE OF 2 SCHOOL BOARD PROPERTY LOCATED AT 1413 3 LASKIN ROAD AND ALLOWING THE SCHOOL 4 BOARD TO RETAIN THE SALE PROCEEDS 5 6 WHEREAS, The School Board of the City of Virginia Beach, (the "School Board") 7 owns approximately 12.41 +/- acres of real property located at 1413 Laskin Road (GPIN 8 2417-18-3772) (the "Property"); 9 10 WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property 11 for which the school board has no future use and to retain the proceeds of such sale 12 upon approval of the local governing body after the school board has held a public 13 hearing on such sale and retention of proceeds; 14 15 WHEREAS, the School Board held a public hearing on April 5, 2022 to take 16 public comment on the proposed sale of the Property to The Franklin Johnston Group 17 and/or its related company TFJG Canopy LLC, ("TFJG Canopy") and the School 18 Board's retention of the proceeds therefrom; 19 20 WHEREAS, the School Board adopted a Resolution on April 26, 2022 finding no 21 further use for the Property, determining that the Property may be sold, agreeing to sell 22 the Property to TFJG Canopy, and intending to retain the proceeds of the sale; and 23 24 WHEREAS, the School Board has agreed to convey the Property to TFJG 25 Canopy for $7 million, subject to City Council approval. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the sale of the Property to TFJG Canopy described in the School Board's 31 April 26, 2022 Resolution is hereby approved, and the School Board may retain all of 32 the proceeds of the sale. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2022. APP V D AS;0 CONTENT APPROVED AS TO LEGAL SUFFICIENCY: E mic Development - City Attorn CA 15231 R-1 April 18, 2022 Z r.r CS �� o 4 , -4,,, - ,fr „."4_,,, t.v I Oft o cv Ce z Q .3 p s-F a u- N o 111111%- s U CV ? Ilir L CDR ', in O FREM o N O O I N O e Q 7 m O ''• 'a'i Z _ ILI ci S• it. r {may Cr O—v i r� r c 3s. O i co _ 4, ,\ U .. , CO 0 ` • lc t}, . A + ,,- ,� mot t ,,,,.. _ �- ram. �� , ! • ', w S r",.'' ::1114'1 : : g it \. 1:41,. _ \ . ad 12 ---------\ , „ ,,,:...., i,,,..„, 'Ll'. ', , N Gaz \ . , , , . ,... _ _,.= , ,, 1. ffi kr, Cr ` Att. ' U0Z). % j W s ' /1C4 lie; s f y m r a) n wU ) cJII o'• Co LL a LL m ii �. E. o*\ . �! - VI v ec Qa O V O .._ m .. \ . co mo \ t' ' A I 0 . ,... C 8o,..L c\ > s - Q E.a O. QNr J \ ‘— \ r„.'' oVCVk sAP \ ,,.... —\ c\ _ ,. O �' y 0 1 V 7 -.I4 +in o r O C ,,,,,...\ A' _�J r _ O O O ., . , c;0.1 (/) cc ¢ 3 O(n C(LL ea V— a_ mV \ --------1 -. O mcn ctf y It r a0 co N t � Q r O ,_ Uo d Q N� o u � 0 as NN N___> Z ce O M a o no W�wQ0D DR CrY J N _�ill � a rG MZ s Z F' ii ',� ...IW O II 4)411 VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Carolyn T.Rye,Chair Kimberly A.Melnyk,Vice Chair District 5-Lynnhaven District 7-Pt incess Anne Beverly M.Anderson Sharon R.Felton Jennifer S.Franklin At-Large District 6--Beach District 2-Kempsville Dorothy M.Holtz Laura K.Hughes Victoria C.Manning At-Large At-Large At-Large Jessica L.Owens Trenace B.Riggs Carolyn D.Weems District 3-Rose Hal' District 1-Centerville District 4 Bayside Aaron C.Spence,Ed.D.,SunerintPnrient RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY LOCATED AT 1413 LASKIN ROAD WHEREAS,the School Board of the City of Virginia Beach(the"School Board')is the owner of a parcel of land consisting of approximately 12.41 acres,located at 1413 Laskin Road and identified as parcel GPIN 2417-18-3772,which in recent years was used as the Laskin Road Annex and is more particularly described on Exhibit A,attached hereto and made a part of this Resolution(the "School Board Property'); WHEREAS,a Request for Proposals was issued on June 20,2021,and after a committee made up of representatives from the City of Virginia Beach and Virginia Beach City Public Schools evaluated all the proposals and conducted interviews among the top four proposals,Franklin Johnston Group Management&Development,LLC("Franklin Johnston")was selected as the preferred respondent; WHEREAS,Franklin Johnston's proposal includes purchasing the School Board Property to construct a mixed-use development, including apartments,approximately 50,000 square feet of office,approximately 6,000 square feet of retail,a 5,000(+l-)square-foot restaurant,structured parking,and related amenities and surface parking(the"Project"); WHEREAS,Virginia Code§22.1-129 allows the School Board to sell real property that it determines it has no future use for,and the School Board has held a public hearing on April 5,2022 to take public comment on the proposed sale of the School Board Property to Franklin Johnston or its related development company,TFJG Canopy LLC,and retention of the proceeds therefrom;and WHEREAS,due to the determination that the School Board Property is no longer needed for educational purposes,and the expected benefits that will be derived from the Project for the citizens of Virginia Beach,the School Board is of the opinion that sale of the School Board property to Franklin Johnston would be in the public interest and a benefit to all parties. NOW THEREFORE BE IT RESOLVED that: 1, In accordance with Virginia Code§22.1-129,the School Board finds that it does not have further use for the School Board Property located at 1413 Laskin Road,GPIN 2417-18-3772,as more particularly described on Exhibit A,and determines that it should be declared surplus and may be sold,so long as the City Council allows the School Board to retain the proceeds from the sale. 2. The School Board Property is authorized to be sold to Franklin Johnston or its related development company,TFJG Canopy LLC,and the total amount of compensation to be paid for the School Board Property for this transaction is$7,000,000.00. 3. Should the City Council of Virginia Beach authorize the School Board to retain the proceeds from this sale,the funds shall be allocated towards the School Board's capital improvement program. 4. Additionally,the School Board authorizes the Chair or her designee to execute any and all documents necessary to complete the above-referenced transaction,so long as they are substantially consistent with the terms set forth above and have been , deemed by the attorney for the School Board to be legally sufficient. c\t`t• �;l,c ;�'‘, Adopted by the School Board of the City of Virginia Beach this 26th day of April 2022. f� • �/ � a • '~ i i S E A'•L 0 ; 4` (1 , , • , s , • • • �' Carol n T.Rye, Sch Board hair Y Y 0.„:. Attest: • Req(: .Toneatto,Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together •Value Differences 2512 George Mason Drive I P.O.Box 6038 Virginia Beach Virginia 23456-0038 www.vbschools.com Exhibit A Legal Description of School Board Property to be Conveyed ALL THAT certain lot, tract or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "AREA — 12.785 ACRES" on that certain plat entitled "MAP OF LANDS TO BE ACQUIRED FROM EUREKA BRICK CO., ON LASKIN ROAD NEAR GREAT NECK CREEK,PRINCESS ANNE COUNTY,VA.," dated April 22, 1954,and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 36, at page 36. LESS AND EXCEPT all that certain lot, tract or parcel of land designated and described as "Pumping Station Site" on that certain plat entitled "Plat Showing Pumping Station Site from School Board of the City of Virginia Beach, Virginia" recorded in the aforesaid Clerk's Office in Map Book 114,at page 55 conveyed to the City of Virginia Beach and more particularly described by that certain deed dated the 9th day of November, 1970, and recorded in the aforesaid Clerk's Office in Deed Book 1183, at page 159. LESS AND EXCEPT all that certain public right-of-way conveyed to the City of Virginia Beach as shown in the aforesaid Clerk's Office in Map Book 221, at page 61. LESS AND EXCEPT and SUBJECT TO all that certain public right-of-way and those certain permanent easements, respectively, acquired by the Virginia Department of Transportation as shown in the aforesaid Clerk's Office as Instrument Number 200400157022. LESS AND EXCEPT a 50' x 45' Site 2,250 Sq. Ft. or 0.05165 Ac. on Fremac Drive to maintain and be a replacement site for the existing Pump Station on Fremac Drive. SUBJECT TO all those certain permanent easements acquired by the Virginia Department of Transportation as shown in the aforesaid Clerk's Office as Instrument Number 201100105530. SUBJECT TO all those certain temporary construction easements acquired by the Virginia Department of Transportation as shown in the aforesaid Clerk's Office as Instrument Number 201900028208. SUBJECT TO such public easements and rights that are necessary to maintain existing public utilities, including (1) 15'-wide easements for utilities along (a) the easternmost boundary of the School Board Property adjoining the western public right-of-way line of Fremac Drive, from Laskin Road to the southern boundary of the School Board Property,and(b.)on the portion of the School Board Property along the southern boundary of the aforesaid Pump Station Site (GP1N: 2417-18-9601); (2) To the extent drainage has not been picked up by the VDOT Laskin Road project currently under construction at the time of this Agreement,a 20'-wide Drainage Easement centered over the 12" stormwater pipe(s)and the 15"stormwater pipe(s)at the northeast corner of the Property; and (3) a Right of Entry extending 60 days after acquisition to disconnect VBCPS communication fiber. IT BEING a portion of the same property conveyed to The School Board of the City of Virginia Beach,Virginia,a body politic as set forth in Article VIII,Section 7 of the Constitution of Virginia, formerly the County School Board of Princess Anne County, by Deed dated April 24, 1954 from Eureka Brick Company, Incorporated, and recorded in the aforesaid Clerk's Office in Deed Book 359, at page 33. F G VIRGINIA BEACH CITY PUBLIC SCHOOLS School Board Agenda Item . CHARTING THE COURSE Subject: Disposition of School Board Owned Property (Laskin Road Annex) Item Number: 12D Section: Information Date: March 22,2022 Senior Staff: Mr.Jack Freeman, Chief Operations Officer, School Division Services Prepared by: Melisa A. Ingram,Executive Director, Office of Facilities Services Presenter(s): Melisa A. Ingram,Executive Director, Office of Facilities Services Recommendation: That the School Board authorize the Chair to execute the attached Resolution and Purchase Agreement between the School Board of the City of Virginia Beach and Franklin Johnston Group Management& Development. LLC or its related development company TFJG Canopy, LLC (Purchaser). Background Summary: Virginia Beach City Public Schools and the City of Virginia Beach received proposals after issuing a Request For Proposals(RFP) for the sale of Laskin Road Annex,which is 12.41+/- acres of property located at 1413 Laskin Road. Virginia Beach (GPIN: 2417-18-3772). As a result of this RFP process, The Franklin Johnston Group/TFJG Canopy LLC is the recommended offeror and plans to purchase the Laskin Road Annex for$7,000,000 and redevelop it with a multi-use development. A public hearing on the declaration of this parcel as surplus School Board property is scheduled to be held on April 5, 2022. Source: §22.1-129(A) Budget Impact: CIP $7.000,000 to School Board PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (this "Agreement"), is made as of this day of ,2022, by and between THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA, a body politic as set forth in Article VIII, Section 7 of the Constitution of Virginia ("Seller"); and TFJG CANOPY, LLC, a Virginia limited liability company and/or assigns("Buyer"). RECITALS A. Seller owns an approximate 12.41-acre tract of land and improvements thereon located at 1413 Laskin Road, Virginia Beach, Virginia (GPIN: 2417-18-3772) (the "Property"), which is more particularly described on the attached Exhibit A, which is made a part of this Agreement. B. A Request for Proposals was issued on June 20, 2021, and after reviewing all responses,Seller determined that Buyer's proposal to develop the Property was in the best interests of the School Board and the public. C. Buyer has presented a conceptual plan (the "Concept Plan") for a mixed-use development, including apartments, approximately 50,000 square feet of office, approximately 6,000 square feet of retail, an approximate 5,000 square-foot restaurant, structured parking, and related amenities and surface parking (collectively, the "Intended Use") to be developed on the Property,which Concept Plan is attached hereto as Exhibit B and made a part of this Agreement. D. Buyer desires to purchase from Seller, and Seller desires to sell to Buyer, all of Seller's right, title and interest in and to the Property for the purpose of constructing certain buildings, infrastructure, and other improvements comprising the Intended Use. E. Buyer and Seller are entering into this Agreement to set forth their mutual rights and obligations with respect to the Property and the Intended Use. AGREEMENT Based on the recitals set forth above, which are incorporated herein by this reference as if restated in full, for and in consideration of the sum of Ten Dollars($10.00)cash in hand paid,and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree and covenant as follows: Article 1. Sale and Purchase of Property Section 1.1. Sale and Purchase. Pursuant to the terms and conditions of this Agreement, Seller agrees to sell, and Buyer agrees to purchase the Property, together with all improvements, easements, leases, licenses, approvals, permits, rights-of-way, and appurtenances belonging to the Property,provided the same do not render title uninsurable or unmarketable. 1 Section 1.2. Purchase Price. The purchase price of the Property(the"Purchase Price") shall be Seven Million and No/100 Dollars ($7,000,000.00). At Closing (as hereinafter defined) Buyer shall pay in cash or other immediately available funds the Purchase Price less any portion of the Deposit (and any Extension Deposit(s), if applicable) that is to be applied to the Purchase Price at Closing under the terms of this Agreement. Section 1.3. Deposit. Within five (5) business days after full execution of this Agreement, Buyer shall deposit One-Hundred Thousand and No/100 Dollars ($100,000.00) (the "Deposit") with BridgeTrust Title Company ("Escrow Agent"), who shall hold the Deposit in an interest-bearing, federally insured account, with interest accruing on the Deposit to be considered the property of Buyer. Upon the expiration of the Study Period (as hereinafter defined), and so long as this Agreement has not been sooner terminated by Buyer pursuant to the terms hereof, a Twenty-Five Thousand Dollar ($25,000.00) portion of the Deposit shall become non-refundable to Buyer (except in the case of Buyer's termination of this Agreement pursuant to Sections 2.4, 6.1, 7.1, 8.1, or 8.2,below). Upon the expiration of the Approvals Period (as hereinafter defined), and so long as this Agreement has not been sooner terminated by Buyer pursuant to the terms hereof, the remaining Seventy-Five Thousand Dollar ($75,000.00) portion of the Deposit shall become non-refundable to Buyer (except in the case of Buyer's termination of this Agreement pursuant to Sections 6.1, 7.1, 8.1,or 8.2,below). Unless previously distributed in accordance with this Agreement,the Deposit shall be applied to the Purchase Price at Closing. Section 1.4. Prorations. Buyer and Seller shall prorate and apportion all the following costs and expenses as of the Closing Date (as hereinafter defined) according to their respective periods of ownership of the Property: state and local ad valorem taxes (with any applicable penalties, late fees, or interest accruing thereon being paid by Seller); special or general assessments; utility charges including,but not limited to,water, storm and sanitary sewer charges; and all other items customarily prorated. Section 1.5. Roll Back Taxes. Seller shall be responsible for any and all rollback taxes, if any, applicable to the Property as a result of the transaction contemplated herein. Article 2. Study Period Section 2.1. Buyer's Studies/Wetlands Confirmation. a. Study Period. Upon the full execution of this Agreement, and for a period of ninety (90)days thereafter(the"Study Period"), Buyer and its agents may enter and access the Property and perform any tests, evaluations, studies or reports including, without limitation, the following: title examination, appraisal, physical survey, soil borings or testing, compaction tests, environmental inspections, engineering studies, topographic inspections, economic feasibility studies, land planning and engineering, and any other studies or reports Buyer shall deem necessary or desirable in connection with Buyer's contemplated purchase of the Property (collectively, "Studies"). Such tests, evaluations, studies or reports shall be conducted in such a manner as to minimize damage to the Property. Buyer shall maintain commercially reasonable insurance coverage for its due diligence activities naming Seller as additional insured. b. Seller's Provision of Studies. Within ten (10) days after full execution of this Agreement, Seller shall deliver to Buyer all Studies in the possession of Seller or the City of 2 Virginia Beach, including, without limitation, the following: the most recent title policy for and survey of the Property, the organizational and/or governing documents of Seller, any environmental reports performed with respect to the Property, any engineering reports performed with respect to the Property, any wetlands studies,delineations,or determinations performed with respect to the Property, and any documents or agreements affecting or encumbering the Property whether or not they appear in the public land records. Section 2.2. Indemnification. Buyer shall indemnify, defend and hold Seller harmless from and against all cost, loss, damage and expense, including reasonable attorneys' fees, arising out of any Studies conducted by or at the request of Buyer upon the Property; however, no individual member or manager of Buyer shall be held liable in accordance with the aforementioned indemnification. The indemnification contained in this Section does not include indemnification for loss, cost or expense resulting solely from any unfavorable test results or the discovery of any undesirable existing conditions on the Property, including, without limitation, any loss resulting from any decrease in the fair market value of all or any portion of the Property, or the inability of Seller to market the Property due solely to any such discovery or unfavorable test results. This Section 2.2 shall survive Closing and/or the earlier termination of this Agreement. Section 2.3. Termination During Study Period. If Buyer is dissatisfied with the results of any of the Studies for any or no reason, or if Buyer determines, in Buyer's sole discretion, that all or a portion of the Property is unsuitable to Buyer for any reason including,without limitation, economic feasibility,then Buyer may terminate this Agreement on or before the expiration of the Study Period by giving written notice to Seller. In such event,the Escrow Agent shall refund the Deposit to Buyer,and this Agreement shall terminate and become null and void,at which time the parties shall have no further rights or obligations to one another other than those that expressly survive the termination of this Agreement pursuant to the terms hereof. Section 2.4. Title Objections. Notwithstanding Buyer's right to terminate this Agreement during the Study Period, if Buyer determines there are objectionable matters discovered during a title examination and/or survey of the Property (collectively, "Objections"), then, on or before the expiration of the Study Period, Buyer shall have the right to notify Seller of its Objections in writing. Within ten(10)days after receipt of Buyer's notice, Seller shall elect in writing to either (a) cure the Objections, in which case Seller shall have a reasonable period of time to complete its cure, or(b) not cure all of the Objections. If Seller fails to make an election within such ten(10)day period or elects not to cure all of the Objections,then Buyer may elect to terminate this Agreement by giving Seller written notice thereof within ten (10) days after Seller fails to make an election or Seller's election not to cure the Objection(s), in which event Escrow Agent shall refund the Deposit to Buyer,and this Agreement shall terminate and become null and void. If Buyer does not inform Seller of its election to terminate within the ten(10)day period set forth in the immediately preceding sentence, then Buyer shall be deemed to have waived the Objection(s)and shall thereafter proceed to perform its obligations set forth in this Agreement. Article 3. Governmental Approvals Section 3.1. Approvals Period. Seller and Buyer acknowledge that the development of Buyer's Intended Use will require approval by the Virginia Beach City Council ("City Council") of a conditional re-zoning to an appropriate zoning classification and submitted with a development plan substantially similar to the Concept Plan(the "Re-Zoning"),together with other 3 governmental approvals Buyer deems necessary in its sole discretion (including, without limitation, final site plan approval and building permits) (the "Approvals"). Buyer shall have a period of two hundred seventy (270)days after the expiration of the Study Period(the "Approvals Period") within which to obtain the Approvals (subject to conditions and/or exactions acceptable to Buyer in Buyer's sole discretion) at Buyer's sole cost and expense. If Buyer is unable to obtain the Approvals (subject to conditions and/or exactions acceptable to Buyer in Buyer's sole discretion), then Buyer may elect to terminate this Agreement by giving Seller written notice thereof within five (5) business days after the expiration of the Approvals Period, in which event this Agreement shall become null and void, the parties shall have no further rights or obligations to one another, and the Deposit shall be distributed as follows: a $75,000 portion of the Deposit shall be returned to Buyer and a $25,000 portion of the Deposit shall be paid to Seller. If Buyer does not terminate this Agreement within five (5) business days after the expiration of the Approvals Period,then Buyer shall be deemed to have waived its right to terminate this Agreement pursuant to this Section 3.1; provided, however, that if the Re-Zoning has not been approved by City Council and Buyer nevertheless proceeds to Closing, then Seller shall have the right to approve any development plan for the Property that is not substantially similar to the Concept Plan, which right shall survive Closing through the granting of a certificate of occupancy for the approved new use. Buyer agrees that the site plan approved by the City of Virginia Beach as part of the Re-Zoning(pursuant to proffered conditions that will run with the land and be binding upon subsequent title holders to the Property)will be substantially similar to the Concept Plan and reflect the Intended Use, subject to reasonable and minor modifications required by (w) the findings of Buyer's Studies(ie: title or survey issues), (x)the City Council in connection with the Re-Zoning, (y) civil engineering requirements of the site, or (z) requirements imposed by Buyer's lender. Additionally, the improvements constructed on the Property in connection with the Intended Use will be in conformance with plans approved by the City of Virginia Beach as part of the Re-Zoning and final site plan approval processes. Section 3.2. Cooperation. Seller and Buyer,and their respective agents,employees and contractors, shall act in good faith and use commercially reasonable efforts to cooperate in the preparation, submission and approval of an application (and other associated materials) for the Re-Zoning and/or the other Approvals. Such cooperation shall include, but not be limited to, the signing and returning of any application or agreement reasonably required to obtain the Re-Zoning and/or other Approvals without unreasonable delay. Nothing in this Agreement shall grant or be interpreted to mean any public process or approval will be handled differently than applications where the Seller is not a public body. The inclusion of the Concept Plan in this Agreement shall not be deemed to be pre-approval or a commitment to approve the development by any public body reviewing it, and the Re-Zoning is an independent, public process to be evaluated solely in the normal course of planning and zoning approvals. Article 4. Conveyance of Property Section 4.1. Closing. Unless earlier terminated pursuant to the terms hereof, the consummation of the transaction contemplated by this Agreement ("Closing") shall occur on the date that is sixty(60)days after the date of expiration of the Approvals Period(the"Closing Date"). Closing shall occur at the offices of Seller's counsel or the offices of the Escrow Agent or by mail, as Buyer and Seller may mutually agree,and all deliveries required by Seller and Buyer hereunder shall be made to the Escrow Agent, who shall settle the transaction contemplated by this 4 Agreement. Buyer may extend the Closing Date for up to three(3)periods of thirty(30)days each (each an"Extension Period")by delivering to Seller a written notice of extension prior to the then current Closing Date, and simultaneously delivering to the Escrow Agent the sum of Fifteen Thousand and No/100 Dollars ($15,000.00) (each an "Extension Deposit") (which Extension Deposit(s)shall be immediately nonrefundable to Buyer and shall be applied to the Purchase Price at Closing). Section 4.2. Buyer's Right to Expedite Closing Date. Notwithstanding any other provision contained in Section 4.1,above,Buyer shall have the right to settle this transaction prior to the Closing Date on a date assigned by Buyer, provided that (i) all conditions contained in Article Six of this Agreement have been either satisfied or waived in writing by the party having authority to do so, and (ii) Buyer has given Seller ten (10) days' written notice prior to the new date of Closing. Section 4.3. Seller's Deliveries at Closing. Unless an earlier date is specified in this Section, on or before the Closing Date, Seller shall, at its own expense, prepare and deliver, in addition to any other document required to be delivered by Seller under the terms of this Agreement,the following to the settlement agent conducting the Closing: a. Deed and Possession. A duly executed and authorized special warranty deed conveying the Property to Buyer,as set forth herein,together with possession of the Property, free and clear any liens, encumbrances, or rights of possession (including but not limited to Objections Seller elects to cure but fails to cure prior to closing, and/or title matters arising after the expiration of the Study Period)other than those deemed waived by Buyer pursuant to Article 2, above. Seller shall submit a deed for Buyer's review prior to Closing. b. Owner's Affidavit. A duly executed affidavit, in a reasonable form prescribed by the title insurance company used by Buyer,certifying that the Property is not subject to any unrecorded agreements,leases or rights of possession,and that no work has been performed upon the Property prior to Closing that would allow a mechanic's, laborers' or materialmen's lien to attach to the Property. c. Tax Forms. A duly-executed residency status tax reporting form reasonably required by Buyer, Buyer's title company, or the settlement agent conducting Closing, including, without limitation, Virginia Form R-5 or R-5E, a FIRPTA form certifying Seller is not a"foreign person,"as defined by Section 1445 of the Internal Revenue Code, an IRS Form 1099 or 1099-S, and any other forms required to be produced to tax authorities in connection with the transfer of the Property. d. Seller's Closing Costs. Seller shall pay Seller's attorney's fees, any applicable grantor's taxes, and any prorations due from Seller for the period of Seller's ownership of the Property prior to and including the Closing Date. e. Authorizations. Prior to Closing, Seller shall deliver (to the extent applicable) certified copies of Seller's organizational documents, resolutions, or other evidence acceptable to Buyer's counsel and its title company demonstrating Seller's authority to convey the Property to Buyer. 5 f. Miscellaneous Documents. Prior to Closing, Seller shall deliver any other document(s) reasonably required by Buyer's title company or lender to the extent that such documents do not result in (i) material financial obligation(s) to Seller or (ii) Seller having to produce documents not in its possession or control. Section 4.4. Buyer's Deliveries at Closing. At Closing, and in addition to any other items required to be delivered under the terms of this Agreement, Buyer shall deliver or cause to be delivered to the Escrow Agent the following: a. Purchase Price. By wire transfer, certified check, or other immediately- available funds, the balance of the Purchase Price due from Buyer, as adjusted by the amount of the Deposit(and any Extension Deposit(s), if applicable). b. Buyer's Closing Costs. In addition to the Purchase Price, Buyer shall pay the cost of recording the deed, any transfer taxes, costs and expenses of Buyer's attorneys, engineers,surveyors,title insurers or other professionals engaged by Buyer in connection with the Studies or other evaluations of the Property. Section 4.5 Right of Entry; Demolition of Existing Improvements. a. Grant of Right of Entry. If the Re-Zoning has been completed and no appeals are pending,then commencing on the date that is 31 days after City Council approves the Re-Zoning, and continuing until the first anniversary thereof(the "Right of Entry Term"), Seller grants and conveys to Buyer(together with its employees,agents,and/or contractors)a temporary, non-exclusive right and license (the "Right of Entry") to enter those portions of the Property reasonably necessary to perform the demolition and removal of the existing building(s) located on the Property down to the concrete slab foundation(which,together with all parking and sidewalk surfaces,must remain in place until Closing),together with associated above-ground infrastructure (the "Demolition Work"). Buyer will have the right, but not the obligation, to perform the Demolition Work during the Right of Entry Term, and, if performed (i) Buyer will cause the Demolition Work to be performed at Buyer's sole cost and expense, (ii) once commenced, the Demolition Work will be pursued diligently to completion, and (iii)the Demolition Work will be performed and in a good and workmanlike manner, in compliance with all applicable codes and regulations. Prior to commencing the Demolition Work, Buyer must provide written notice to Seller at least seventy-two (72)hours-notice in advance. b. Insurance/Indemnification. During the Right of Entry Term, Buyer will maintain Commercial General Liability Insurance with a combined single limit of not less than $2,000,000 per occurrence for injury to or death of persons and damage to or loss or destruction of property. In addition, said policy shall be endorsed to name Seller as an additional insured. Such insurance shall be effected under a valid and enforceable policy issued by an insurer licensed to provide insurance in the Commonwealth of Virginia. Prior to commencing any Demolition Work contemplated by this Right of Entry,Buyer shall provide Seller with an insurance certificate naming Seller as an additional insured. Said certificate of insurance shall state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or limits. Buyer will at all times protect, indemnify and hold harmless Seller from and against all liabilities, obligations, claims, damages, penalties, liens, causes of action, costs and expenses (including, without limitation, reasonable attorney's fees and expenses) imposed upon or incurred by the Seller that arise from 6 Buyer's use of the Right of Entry and/or Buyer's performance of the Demolition Work, except as may result in whole or in part from Seller's sole negligence or willful misconduct to the extent permitted by applicable law. Buyer's indemnification obligations under this Agreement shall survive the expiration or termination of this Agreement for a period of two (2)years. Buyer shall require its invitees, agents, contractors, subcontractors or suppliers (the "Contractors") accessing the Property under this Right of Entry to obtain insurance with commercially reasonable limits naming Seller as an additional insured. c. Duty to Release Liens. Buyer will not cause, suffer or permit, and shall have no authority to create, any liens of any nature, including but not limited to for labor or materials upon the Property. If a lien is filed (by Buyer or any third party entering the Property under the direction of Buyer as permitted on under this Right of Entry),Buyer will notify Seller in writing within five (5) days of Buyer's receipt of notice of such lien. Buyer may contest the lien in good faith, but even if Buyer contests the lien, within ten (10)days after the lien is filed, Buyer will have the lien released of record by payment, bond, court order, or otherwise. Further, all indemnification provisions imposed under this Right of Entry shall expressly apply to the costs, expense, and liability related to discharging any liens placed upon the Property. Article 5. Representations and Warranties Section 5.1. Seller's Representations. Seller represents and warrants to Buyer as follows with respect to that portion of the Property owned by that Seller as of the date of Closing: a. Authorization. Seller has the lawful right,power, authority and capacity to sell the Property to Buyer in accordance with the terms of this Agreement,without the approval or authorization of any other party. b. Ownership. Seller owns good and marketable fee simple title to the Property, and the Property is not subject to any (i) unrecorded deeds, leases, easements, licenses, or other rights; (ii) rights of parties in possession, other than Seller; or (iii) option contract, right of first refusal, or other contract pursuant to which any other party has any right to purchase an interest in the Property. VDOT has rights to temporarily use the Property for parking,which rights will be terminated in advance of Closing. c. Title. Seller shall convey good and marketable fee simple title to the Property to Buyer, free and clear of all liens, leases, encumbrances,judgments, or charges of any kind that are not otherwise accepted by Buyer in writing or waived by Buyer pursuant to Article Two above. d. No Agreements Violated. The execution of this Agreement, and the consummation of the purchase contemplated hereby, are consistent with and not in violation of any contract, agreement, or other obligation to which Seller is a party. e. Violations of Law. To the Seller's actual knowledge as of the date of this Agreement, there are no current, pending, or threatened actions against the Seller or the Property arising out of the violation or alleged violation of any federal, state or local law, regulation, rule, or ordinance including,but not limited to,any environmental law,subdivision ordinance or zoning ordinance, and Seller represents and warrants there shall be none at closing. As of the date of this 7 Agreement, Seller is unaware of any present or threatened condemnation or eminent domain proceeding affecting the Property. f. Environmental Matters. i. Definitions. When used in this Agreement, the following capitalized terms shall have the following definitions: 1. "Environmental Condition"means any condition including, without limitation, the Release of Hazardous Materials, located on or affecting the Property that could require remedial action or which may result in claims,demands,liabilities,costs or expenses to Buyer. 2. "Hazardous Materials" means asbestos and any and all pollutants, dangerous substances, toxic substances, hazardous wastes, hazardous materials and hazardous substances as referenced or defined in, or pursuant to, any federal, state, local or other applicable environmental law, statute, ordinance, rule, order, regulation or standard in effect on the date hereof including, without limitation, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as amended, the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 135,et seq.),as amended,the Comprehensive Environmental Response,Compensation and Liability act (42 U.S.C. 9601, et seq.), as amended, and the Toxic Substance Control Act (15 U.S.C. 2601, et seq.), as amended. 3. "Notice"means any written,civil,administrative or criminal summons,citation,directive,order,claim, litigation, investigation,proceeding,judgment, letter or other communication from the United States Environmental Protection Agency, the Virginia Department of Environmental Quality, or any other federal, state or local agency or authority, or any other entity or any individual, concerning any intentional or unintentional act or omission which has resulted or which may result in the Release of Hazardous Materials on or into the Property,a violation of an Environmental Law,or otherwise relate to an Environmental Condition. 4. "Release" means placing, releasing, depositing, spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping. ii. Representation. Seller represents to its actual knowledge as of the date of this Agreement that,other than fuel tanks shown in Seller's records previously provided to Buyer and some asbestos in the existing structures the extent of which must be determined by the Studies, (i)there are no Hazardous Materials existing above, on or beneath the Property; (ii)there has been no Release of Hazardous Materials above,on or beneath the Property; (iii)there has been no illegal filling of the Property, nor has the Property been used as a public or private landfill, dump or site for refuse disposal;(iv)no solid waste units,equipment or underground storage tanks have been located on the Property, and (v) Seller has received no Notice nor is Seller aware of an Environmental Condition affecting the Property . g. Bankruptcy. No bankruptcy, insolvency, rearrangement, or similar action or proceeding, whether voluntary, is pending or threatened against Seller, and Seller has no intention of filing or commencing any such action or proceeding, and Seller represents and warrants there shall be none at closing. 8 h. Taxes. Subject to Section 1.5, Seller remains responsible for and shall continue to pay any and all taxes required to be paid in relation to the Property at all times before the Closing Date. i. Binding Nature. This Agreement constitutes the valid and binding obligation of Seller, and is enforceable in accordance with its terms. j. Continuing Obligation. The representations, warranties, and covenants set forth in this Agreement constitute the continuing obligations of Seller and shall survive Closing for a period of one(1)year. Prior to the Closing Date, Seller shall take no action which shall cause any of the representations, warranties, or covenants to become misleading in any respect and, if Seller becomes aware of any inaccuracies in the representations,warranties,or covenants set forth herein prior to the Closing Date, it shall immediately notify the Buyer of those inaccuracies and the facts or circumstances surrounding the inaccuracies. Buyer's obligations under this Agreement are contingent upon the representations, warranties and covenant set forth herein being true and accurate as of the date of this Agreement and continuing to be true and accurate as of the Closing Date. Section 5.2. Buyer's Representations. Buyer represents and warrants to Seller as follows: a. Authorization. Buyer has the lawful right, power, authority, and capacity to purchase the Property in accordance with the terms, provisions and conditions of this Agreement. b. No Agreements Violated. The execution of this Agreement, and the consummation of the purchase contemplated hereby, are consistent with and not in violation of any contract, agreement, or other obligation to which Buyer is a party. c. Binding Nature. This Agreement constitutes the valid and binding obligation of Buyer, and is enforceable in accordance with its terms. d. Continuing Obligation. The representations, warranties and covenants set forth in this Agreement constitute the continuing obligation of Buyer and shall survive Closing for a period of one (1) year. Prior to the Closing Date, Buyer shall take no action that would cause any of the representations to become misleading in any respect and, if Buyer becomes aware of any inaccuracies in the representations set forth herein prior to the Closing Date, Buyer shall immediately notify Seller of those inaccuracies and the facts or circumstances surrounding the inaccuracies. Article 6. Conditions of Buyer's and Seller's Obligations Section 6.1. Conditions of Buyer's Obligations. Buyer's obligation to consummate the purchase and sale of the Property on the Closing Date shall be subject to the satisfaction or performance of the following terms and conditions, any one or more of which may be waived in writing by Buyer, in whole or in part, on or as of the Closing Date. 9 a. The Property shall be free and clear of any liens,encumbrances,or rights of possession arising between the date of full execution of this Agreement and Closing; b. Buyer shall have confirmed that the Property is suitable for the Intended Use. c. Buyer shall have submitted its site plan for the Intended Use to the City of Virginia Beach and obtained final approval of same. d. The physical condition of the Property at Closing shall be substantially the same as the condition of the Property at the time this Agreement is fully executed, subject to changes the Buyer has made to the Property pursuant to rights of entry granted in this Agreement, it being Buyer's sole responsibility to demolish and remove all improvements after Closing; e. Seller shall have fully and completely kept, observed, performed, satisfied and complied in all material ways with all terms and conditions required by this Agreement to be kept, observed, performed, satisfied or complied with by Seller before, on, or as of the Closing Date; and f. The representations of Seller in this Agreement shall be true and correct in all material respects on and as of the Closing Date except for changes thereto consented to by Buyer under the terms of this Agreement. If any of the foregoing conditions have not been satisfied or performed as of the Closing Date, Buyer, at Buyer's option, shall have the right to waive one or more of the conditions, in writing, and proceed to Closing without a reduction in Purchase Price, notwithstanding that the conditions have not been satisfied or performed, terminate this Agreement in which case the Escrow Agent will return the Deposit (and any Extension Deposit(s), if applicable) to Buyer, or exercise any of its other rights and remedies set forth in this Agreement. Section 6.2. Conditions of Seller's Obligations. Seller's obligation to consummate the purchase and sale of the Property on the Closing Date shall be subject to the satisfaction or performance of the following terms and conditions, any one or more of which may be waived in writing by Seller, in whole or in part,on or as of the Closing Date: a. Buyer shall have fully and completely kept, observed, performed, satisfied and complied in all material ways with all terms and conditions required by this Agreement to be kept, observed, performed, satisfied or complied with by Buyer before, on, or as of the Closing Date; b. The representations and warranties of Buyer in this Agreement shall be true and correct in all material respects on and as of the Closing Date; c. Buyer shall not have terminated this Agreement pursuant to the express terms hereof prior to the Closing Date; and d. The Re-Zoning shall have been completed. If any of the foregoing conditions (other than Section 6.2.c.) have not been satisfied or performed as of the Closing Date, Seller, at Seller's option, shall have the right to waive one or 10 more of the conditions, in writing, and proceed to Closing, notwithstanding that the conditions have not been satisfied or performed, or exercise any of its rights and remedies set forth in this Agreement. Article 7. Default and Remedies Section 7.1. Seller's Default. In the event Seller is in breach of or fails or refuses to perform its obligations under this Agreement, Buyer shall be entitled to exercise, in its sole discretion, any of the following remedies: (a) to purchase the Property notwithstanding such default pursuant to the remaining terms and provisions of this Agreement, in which event such default shall be deemed waived and without a reduction in Purchase Price; (b) to terminate this Agreement, in which event the Escrow Agent shall return the Deposit (and any Extension Deposit(s), if applicable) to Buyer, and; or (c) to pursue specific performance of this Agreement and seek reimbursement for any expenses incurred in connection with the enforcement of this Agreement. Notwithstanding the foregoing, Buyer shall first give Seller ten (10) days' prior written notice and an opportunity to cure such default prior to exercising its remedy. Section 7.2. Buyer's Default. In the event Buyer is in breach of or fails or refuses to perform its obligations under this Agreement, other than its Indemnity obligations as set forth in Article 2, Seller's sole remedy prior to Closing shall be to direct the Escrow Agent to pay to it the Deposit (and any Extension Deposit(s), if applicable) as liquidated damages, in which event this Agreement shall terminate and become null and void. Notwithstanding the foregoing, Seller shall first give Buyer ten (10) days prior written notice and an opportunity to cure such default prior to exercising its remedy. Section 7.3. Limitation of Liability. Each party shall look solely to the assets of the other as to any rights it may have under this Agreement, and hereby waives any right to assert claims against the member(s) and/or manager(s)of the other party. Article 8. Condemnation and Casualty Section 8.1. Condemnation. In the event that any eminent domain proceeding (including a temporary taking) affecting the Property, or any part thereof is commenced by a governmental body or quasi-governmental body,public service corporation,or other entity having the power of eminent domain (a"Condemnation") (which shall include, but not be limited to, the initial approval of such body to proceed with the acquisition of all or a part of the Property by negotiation or eminent domain),Seller shall promptly give Buyer written notice thereof,and Buyer shall have the option: (a)to have sole authority to negotiate the purchase or acquisition price and to receive the award resulting from the Condemnation, in which event such award shall be paid (or if not then received,the right to the award shall be assigned)to Buyer,and this transaction shall be closed in the same manner as if no such condemnation or other taking had occurred; or (b) to reject title to the Property, in which event this Agreement shall terminate,the Escrow Agent shall return the Deposit (and any Extension Deposit(s), if applicable)to Buyer, and neither party shall have any further obligation to the other hereunder. Seller represents and warrants that it has received no notice,nor is Seller aware,of any pending or threatened acts of Condemnation. Seller 11 covenants and agrees not to solicit, request, support, participate in, or otherwise encourage a Condemnation of the Property during the effective period of this Agreement. Section 8.2. Insurance; Risk of Loss. If all or any portion of the Property is destroyed or damaged by one or more fires, windstorms, hurricanes, hailstorms, floods, explosions, earthquakes or other casualties prior to Closing, Seller shall give Buyer prompt notice thereof,and if such damage or destruction is not fully restored,repaired or replaced by the Closing Date,Buyer shall have the option(a)to receive the insurance proceeds recovered by reason of such damage or destruction, in which event the amount of the recovery shall be paid (or if not then received, the right to receive the same shall be assigned) to Buyer, and this transaction shall be consummated as though no such damage or destruction had occurred; or (b) to reject title to the Property, in which event this Agreement shall terminate, the Escrow Agent shall return the Deposit (and any Extension Deposit(s), if applicable) to Buyer, and neither party shall have any further obligation to the other hereunder. Article 9. Miscellaneous Section 9.1. Governing Law. This Agreement is executed under seal and shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia, notwithstanding its choice of law rules. Section 9.2. Assignment. Buyer may assign its rights and obligations under this Agreement without the prior written consent of Seller to any related entity in which Buyer or one of its members or managers is also (i) a member or manager or (ii) a member or manager of the general partner. Section 9.3. Brokers. Buyer shall be solely responsible for a brokerage commission payable to any broker engaged by Buyer ("Buyer's Broker") pursuant to a separate written agreement. Other than Buyer's Broker, if any, Seller and Buyer warrant that they have not dealt with any other broker, agent or finder that would require the payment of a commission,charge or other compensation. Seller and Buyer shall hold harmless and indemnify each other from and against all claims, costs, expenses or liability (including, without limitation, the cost of counsel fees in connection therewith)for any commissions,charges or other compensation claimed by any agent, broker or finder as a result of the breach of their respective parts of the representations contained in this paragraph(other than Buyer's Broker). Section 9.4. Entire Understanding. This Agreement sets forth the entire agreement and understanding between the parties with respect to the transaction contemplated hereby and supersedes all prior or contemporaneous, oral or written agreements, arrangements and understandings between the parties regarding the subject matter hereof. No representation, promise, inducement or statement of intention has been made by Seller or Buyer which is not embodied in this Agreement, the exhibits hereto or the statements, deeds, certificates, schedules or other documents delivered pursuant hereto or in connection with the transaction contemplated hereby. Section 9.5. Binding Nature. All the terms, representations, and conditions of this Agreement shall be binding upon, and inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. 12 Section 9.6. Waiver or Modification. No waiver by any party of any condition, or the breach of any term, representation or warranty set forth in this Agreement, shall be deemed a waiver of any such term, representation or warranty, unless the same shall be in writing. Any modification or amendment to this Agreement shall be made only by a writing executed by both parties hereto. Section 9.7. Business Days. If the final day of any period of time set out in any provision of this Agreement falls on a Saturday, Sunday or holiday recognized by the federal government of the United States, then in such case, such period shall be deemed extended to the next day which is not a Saturday, Sunday or holiday recognized by the federal government of the United States. Section 9.8. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context requires otherwise. Section 9.9. Captions. The captions used in connection with the Sections and subsections of this Agreement are for reference and convenience only and shall not be deemed to construe or limit the meaning of the language contained in this Agreement or be used in interpreting the terms and provisions of this Agreement. Section 9.10. Counterparts. This Agreement may be executed in two or more counterparts and by PDF and shall be deemed to have become effective when and only when one or more of such counterparts or PDF shall have been signed by or on behalf of each of the parties hereto (although it shall not be necessary that any single counterpart be signed by or on behalf of each of the parties hereto, and all such counterparts shall be deemed to constitute but one and the same instrument), and shall have been delivered by each of the parties to the other. Section 9.11. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement. Section 9.12. Notices. Unless otherwise expressed herein, all notices permitted or required hereunder, including changes of address, shall be in writing and shall be given by: (a)an established express delivery service which maintains delivery records; (b) hand delivery; or, (c) certified or registered mail, postage prepaid, return receipt requested. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible because of failure to provide reasonable means for accomplishing delivery. The notices shall be sent to the parties at the following addresses,or such different addresses as the parties may,by notice,specify: Seller: The School Board of the City of Virginia Beach, Virginia 2512 George Mason Drive P.O. Box 6038 Virginia Beach, Virginia 23456 Copy to: Rebecca D. Kubin,Esquire and Kamala H. Lannetti, Esquire 13 Deputy City Attorneys Municipal Center, Building One 2401 Courthouse Drive, Room 260 Virginia Beach, Virginia 23456 Buyer: Franklin Johnston Group Management&Development, LLC c/o W. Taylor Franklin, Chief Operating Officer 300 32nd Street, Suite 310 Virginia Beach,Virginia 23451 Copy to: Franklin Johnston Group Management& Development, LLC c/o James W.Noel III,Esq., General Counsel 300 32nd Street, Suite 310 Virginia Beach, Virginia 23451 Section 9.13. Force Majeure. As used in this Agreement, the term "Force Majeure" means any cause beyond the parties' control including,but not limited to,strikes, lockouts,actions of labor unions, riots, storms, floods, litigation, explosions, acts of God or the public enemy, acts of government, insurrection, mob violence, civil commotion, sabotage, terrorism, malicious mischief, vandalism, inability (notwithstanding good faith efforts)to procure, or general shortage of, labor, equipment, materials, facilities, or supplies in the open market, defaults of independent contractors or subcontractors (provided that remedies are being diligently pursued against the same), failures of transportation, fires, other casualties, epidemics, quarantine restrictions, freight embargoes, or severe weather. In the event of any Force Majeure that results in a delay in the performance of either party's obligations under this Agreement,the time period specified for such performance shall be extended by one(1)day for every day of delay resulting from Force Majeure. Section 9.14. Escrow Agent. The duties of Escrow Agent in its capacity as an escrow agent for the Deposit are only those as are herein specifically provided and Escrow Agent shall incur no liability whatsoever in the performance of said duties, except for acts of bad faith, negligence or willful disregard of this Agreement. Seller and Buyer hereby release Escrow Agent from any act done or omitted to be done by Escrow Agent in good faith in the performance of its duties hereunder. Seller and Buyer shall indemnify and hold Escrow Agent harmless against all costs, damages, fees, expenses and liabilities which, in good faith, Escrow Agent may incur in connection with its duties as escrow agent under this Agreement. [Remainder of this page intentionally left blank. Signature pages to follow.] 14 IN WITNESS WHEREOF,the parties execute this Agreement as of the date set forth above: SELLER: THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH,VIRGINIA,a body politic as set forth in Article VIII, Section 7 of the Constitution of Virginia ATTEST: By: Carolyn T. Rye School Board Chair Clerk of School Board Date: BUYER: TFJG CANOPY,LLC, a Virginia limited liability company By: Manager Date: APPROVED AS TO CONTENT: Facilities Planning& Construction APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 15 Exhibit A Legal Description ALL THAT certain lot, tract or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "AREA — 12.785 ACRES" on that certain plat entitled "MAP OF LANDS TO BE ACQUIRED FROM EUREKA BRICK CO.,ON LASKIN ROAD NEAR GREAT NECK CREEK,PRINCESS ANNE COUNTY,VA.," dated April 22, 1954,and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 36, at page 36. LESS AND EXCEPT all that certain lot, tract or parcel of land designated and described as "Pumping Station Site" on that certain plat entitled "Plat Showing Pumping Station Site from School Board of the City of Virginia Beach, Virginia" recorded in the aforesaid Clerk's Office in Map Book 114,at page 55 conveyed to the City of Virginia Beach and more particularly described by that certain deed dated the 9th day of November, 1970, and recorded in the aforesaid Clerk's Office in Deed Book 1183, at page 159. LESS AND EXCEPT all that certain public right-of-way conveyed to the City of Virginia Beach as shown in the aforesaid Clerk's Office in Map Book 221, at page 61. LESS AND EXCEPT and SUBJECT TO all that certain public right-of-way and those certain permanent easements, respectively, acquired by the Virginia Department of Transportation as shown in the aforesaid Clerk's Office as Instrument Number 200400157022. LESS AND EXCEPT that certain portion of the Property on Freemac Drive identified as "Proposed Pump Station Site 50' x 45' Site 2,250 Sq. Ft. or 0.05165 Ac."as shown on the exhibit entitled "Exhibit Showing Proposed Public Utilities Pump Station Site Relocation at Formerly Linkhorn Park Elementary School," dated March 1, 2022 and attached hereto as Exhibit C and made a part of this Agreement, which site will be conveyed to City of Virginia Beach prior to Closing. SUBJECT TO all those certain permanent easements acquired by the Virginia Department of Transportation as shown in the aforesaid Clerk's Office as Instrument Number 201100105530. SUBJECT TO all those certain temporary construction easements acquired by the Virginia Department of Transportation as shown in the aforesaid Clerk's Office as Instrument Number 201900028208. SUBJECT TO such public easements and rights that are identified on the attached Exhibit D,made a part of this Agreement, which easements shall be reserved and dedicated by Seller at or prior to Closing. IT BEING a portion of the same property conveyed to The School Board of the City of Virginia Beach,Virginia,a body politic as set forth in Article VIII,Section 7 of the Constitution of Virginia, formerly the County School Board of Princess Anne County, by Deed dated April 24, 1954 from Eureka Brick Company, Incorporated, and recorded in the aforesaid Clerk's Office in Deed Book 359, at page 33. 16 Exhibit B Concept Plan Depicting Intended Use _ ii. 4 _.it. _ \ I. .j '' erg � r i AFAR r MIN Is I ❑ APAR]MINIS OFFICE I ac 1 *r 1 ; - 4 ,-— - . 1601 , 4 . ._ :7-7—.....0 ".` /---f.- ' \ ' \-- : --, z t. '1/4"'"K............. ...c.,- ia - AI'ARrMMLN I J ..-"\ _ _ lr \ t 1 17 Exhibit C Reserved Pump Station Site ROAD 051.0\1*\01\\ Raw o oo Zoo VAR P8L 221 P. 61 .F3. \ eftAPHic SCALE 1"= 100' L -57 Li PROPERTY OF LiQ SCHOOL BOARD OF THE V1FtGINIA BEACH CITY OF IQ rn �o Q D.B. 359 P. 33 C3 rn M.B. 36 P. 36 O d GPIN 2417-18-3772 -0 p- L Q P") CP - tn zCO - � / as Z Li 45•00, Q w \-0 \ 6 PROPOSED PUMP STATION SITE p Q NJ50' X 45' SITE — o_ Z 2,250 S.Q. FT. OR 0.05165 AC. cr 5 5 > O EXISTING PUMP STATION SITE ar- Q P.S. 109, M.B. 114 P. 55 45.0S 50' X 45', 2,250 S.Q. FT. OR 0.05165 AC. EXHIBIT SHOWING ry V cg' PROPOSED PUBLIC UTILITIES PUMP STATION SITE * . RELOCATION AT i: . FORMERLY LINKHORN PARK ELEMENTARY SCHOOL DEPARTMENT OF PUBLIC WORKS ' ENGINEERING GROUP ' SURVEY BUREAU \1,61.4.a+R t_,c° � CITY CF VIRGINIA BEACH, VIRGINIA 757-385-4131 ;,.�- MARCH 1, 2022 SCALE: '"=100' DRAWN BY:DRS FIELD BOOK: FILE: j 18 Exhibit D Reserved Public Easements [DRAFT: SUBJECT TO REVISION PRIOR TO EXECUTION OF AGREEMENT PENDING SURVEY] 1. 15'-wide Easements for Utilities along(1)the easternmost boundary of the Property adjoining the western public right-of-way line of Fremac Drive, from Laskin Road to the southern boundary of the Property,and(2)on the portion of the Property along the southern boundary of the Pump Station Site (GPIN:2417-18-9601). 2. To the extent drainage has not been picked up by the VDOT Laskin Road project currently under construction at the time of this Agreement, a 20'-wide Drainage Easement centered over the 12" stormwater pipe(s)and the 15" stormwater pipe(s)at the northeast corner of the Property. 3. Right of Entry extending 60 days after Closing to disconnect communication fiber, if not completed prior to Closing. 19 Disclosure Statement City of Virginia Beach Planning & Communi Development l-- 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 TFJG Canopy, LLC Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. Troutman Pepper Hamilton Sanders LLP-R.J. Nutter, II, Esq. 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) Please see attached. • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity' relationship with the applicant. (Attach a list if necessary) Please see attached. '"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 Virginia Beach Planning & Communi 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 El No • If yes,what is the name of the official or employee and what is the nature of the interest? N/A 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 ® 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. Cox, Kliewer&Company; EDSA Herb Shartle (CKC); Kona Gray, Craig Stoner, Chunling Wu (EDSA) 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes I No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Disclosure Statement NAB Planning&Commun' Development ;. b. 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 U 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. Timmons Group (John Zaszewski) 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? II Yes ❑ No • If yes,identify the firm and individual providing the service. Troutman Pepper Hamilton Sanders LLP (R.J. Nutter, Rob Beaman) 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 b y or ommittee in connection with this application. Applicant Signa re LI i u � L►� Print Name and Title cU'C 1 30 2a22- Date Is the applicant also the owner of the subject property? ❑ Yes Ili 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 Conditional Re-Zoning Application of TFJG Canopy,LLC Applicant Disclosures (A) List the Applicant's name followed by the names of all officers, directors, members, trustees,partners, etc.,below: 1. Applicant's Name: TFJG Canopy,LLC 2. Managers of TFJG Canopy.LLC: a. Wendell C.Franklin b. W. Taylor Franklin c. Thomas M.Johnston (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: a. Franklin Johnston Group Management&Development,LLC b. 925 Apts. I,LP c. 925 Apts,II,LP d. F&J Developers,LLC e. Shorehaven Developers,LLC f. Pickett Farms Developers,LLC g. GreenPlain Properties,LLC h. Aquia Apts.,LLC i. Aquia GP, LLC j. Aquia Developers,LLC k. Kellingwood Apartments,LLC 1. Franklin Johnston Associates,LLC m. Southern Pine One,LLC n. Quill Developers,LLC 1. South Riding Apts LP m. South Riding GP,LLC n. Arbor Lakes LP o. Arbor Lakes GP, LLC p. Belleharbour Apts. LP q. BelleHarbour GP, LLC r. Fountain Park Apts LP s. Fountain Park GP, LLC t. South Riding II LP u. South Riding II GP, LLC v. SLN 5100 LP w. SLN 5100 GP,LLC x. Heritage Forrest II GP, LLC y. I Square Apartments LP z. I Square Apts., LP aa. Edward Street LLC bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP,LLC ee. Pickett Farms Apts LP 110176279v1 243538.000080 ff. Pickett Farms GP, LLC gg. Quill GP,LLC hh. River House Apts.,LLC ii. Shorehaven Apts LP jj. Shorehaven GP,LLC kk. Southwind Apts LP 11. Southwind GP,LLC mm. Spring Water,LLC nn. Summerland Heights LP oo. Summerland Heights GP,LLC pp. Tanglewood Lake Apts LLC qq. Woodberry Forest Apts LLC rr. TFJG Price Street Apts. I,LP ss. TFJG Price Street GP I, LLC tt. FS Renaissance III, LLC uu. Renaissance Apts. GP I,LLC vv. Renaissance Apts. GP II, LLC ww. Renaissance Apts. III,LLC xx. Renaissance I Developers, LLC yy. Renaissance II Developers, LLC zz. Renaissance Apts. I,L.P. aaa. Renaissance Apts. II, L.P. bbb. TFJG Wesleyan Holdings,LLC ccc. TFJG Wesleyan Developers,LLC ddd. TFJGWesleyan,LLC eee. TFJG Price Street Apts. II,LP fff. TFJG Price Street GP II, LLC ggg. Clairmont Associates I,LP hhh. Clairmont Associates II, LP iii. Clairmont Associates I GP, LLC jjj. Clairmont Associates GP II, LLC kkk. Franklin Asset Management 111. Curlew Apts. I.,LP mmm. Curlew Apts. GP I, LLC nnn. Summerland Heights II, LP 000. Summerland Heights II GP, LLC 110176279v1243538.000080 Disclosure Statement City of Virginia Beach Planning & Community Development Owner Disclosure Owner Name School Board of the City of Virginia Beach, Virginia Applicant Name TFJG Canopy, LLC 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) N/A • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) N/A 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? N/A 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 5 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 Wage Disclosure Statement City of Virginia Beach Planning & Community Development 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? CI Yes No • If yes,identify the financial 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 I 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 I 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? Cl Yes I No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I Disclosure Statement ClryWVfavinia Planning&Community Development 8. Is the Owner receiving legal services rn connection with the subject of the application or any business operating or to be operated or the property? ❑ Yes MI No • if yes,identify the firm and indiv dual 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 t the a' • cation has been scheduled for public hearing,I am responsible for updating the information provided here' • w eks •rior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or co ee i con ection with this application. • Owner Signature AN1j\A erjj‘i LAr tb-d vivvi Print Name and Title Date Peveed11.O92020 7I Page , , N e '� m Ott= =! ,_,.,„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Police Department for the Purchase of Automated External Defibrillators MEETING DATE: May 3, 2022 ■ Background: Firehouse Subs Public Safety Foundation provides grants for lifesaving equipment and needed resources to first responders and public safety organizations to help them be better prepared to save lives in the communities they serve. On April 5, 2022, the Foundation notified the Police Department that the department has been awarded a grant in the amount of $31,866.72 for 24 automated external defibrillators. • Considerations: No local match is required. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: th'.p 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE POLICE DEPARTMENT FOR THE 3 PURCHASE OF AUTOMATED EXTERNAL 4 DEFIBRILLATORS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $31,866.72 is hereby accepted from the Firehouse Subs Public Safety Foundation 10 and appropriated, with miscellaneous revenue increased accordingly, to the FY 2021-22 11 Operating Budget of the Police Department to purchase automated external defibrillators 12 to be used in patrol vehicles. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iliZr\-7,) udget and Management Services Ci or ey's Office CA15766 R-1 April 20, 2022 riX*-----. ...", `c!,'-'7— ';1 t,,,,,.......„, ►`a- 'fir CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate $26,918.40 in Four-for-Life Grant Funds to the Department of Emergency Medical Services MEETING DATE: May 3, 2022 • Background: The General Assembly established the Four-for-Life Program for the purpose of providing financial assistance to volunteer rescue squads and municipal Emergency Medical Services (EMS) agencies to fund EMS programs and projects. As required by Virginia Code § 46.2-694, the Four-for-Life Program collects an additional four dollars and twenty-five cents from each vehicle registration purchased annually. Twenty-six percent of $4.00 of the $4.25 collected is returned to the municipality where each vehicle was registered, for training, and necessary equipment and supplies under the Return to Localities Program. The annual total revenue for this program varies slightly each year depending on the number of vehicles registered. Estimated revenue of $375,000 is included in the Virginia Beach EMS Operating Budget. • Considerations: The City will receive $26,918.40 above the budgeted estimate of Four-for-Life funds. As required by applicable law, these funds will only be used to purchase equipment or provide training to support rescue squad operations. • Public Information: Normal City Council agenda process • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Medical Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $26,918.40 IN FOUR-FOR-LIFE GRANT FUNDS TO THE 3 DEPARTMENT OF EMERGENCY MEDICAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 $26,918.40 is hereby accepted from the Virginia Department of Health, Office of 9 Emergency Medical Services, and appropriated, with state revenue increased 10 accordingly, to the FY 2021-22 Operating Budget of the Department of Emergency 11 Medical Services for equipment and training to support rescue squad operations. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - Limn! Itrisogrir l(tal) udget and Management Services • or y's Office CA15769 R-1 April 20, 2022 '\Kiess „r§"* 7:44, 4 ,:., „..,, 0.:_, ...,:,,•.„, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Additional American Rescue Plan Act Funds for the Infant Program in the Department of Human Services MEETING DATE: May 3, 2022 • Background: The Department of Human Services' Infant Program serves children from birth to age three who have developmental delays, atypical behavior, and/or a disabling condition that is likely to result in a delay. Eligible children receive a full developmental assessment prior to beginning services. Services available to eligible children and families include, but are not limited to, service coordination, speech therapy, physical therapy, occupational therapy, and educational services. The Department of Human Services has a contract with the Virginia Department of Behavioral Health and Developmental Services (DBHDS), Early Intervention Division. DBHDS was allocated $5,103,512 in American Rescue Plan Act (ARPA) funding and distributed half ($2,551,756) among 40 localities in February 2022. The Department of Human Services received $138,416 from this first allocation. DBHDS is now allocating the second half of this funding based on the local system's December 1, 2021, non- Medicaid child count. • Considerations: DBHDS has allocated an additional $131,226 to the Department of Human Services to be used by September 30, 2023. These funds will be used to provide assessments for service planning, occupational therapy, physical therapy, speech therapy, and vision services. These funds will also be used for one-time system operation needs for administrative support, infrastructure costs, and professional development. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting DepartIment/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL AMERICAN RESCUE PLAN ACT FUNDS FOR 3 THE INFANT PROGRAM IN THE DEPARTMENT OF 4 HUMAN SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA. THAT: 8 9 $131,226 is hereby accepted from the Virginia Department of Behavioral Health 10 and Developmental Services' allocation of American Rescue Plan Act funds and 11 appropriated, with revenue increased accordingly, to the FY 2021-22 Operating Budget 12 of the Department of Human Services for the Infant Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C. or ey's Office CA15765 R-1 April 19, 2022 '�VA6fj1Z lc i �� psi il iiik 4. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $1,914,214 from the Virginia Office of Children's Services and to Transfer $751,115 within the Department of Human Services for the Children's Services Act Program MEETING DATE: May 3, 2022 • Background: In 1992, the Virginia General Assembly enacted the Children's Services Act (the "CSA"). The mission of the CSA is to create a collaborative system of services and funding that is child-centered, family-focused, and community-based when addressing the strengths and needs of troubled and at-risk youth and their families. The City's CSA program is part of the Department of Human Services, and it operates under the guidelines of the Virginia Office of Children's Services (the "OCS"). The local governing board for the CSA program is the Community Policy and Management Team (the "CPMT"). The program receives an annual allocation of funding from the Commonwealth through the OCS. A local match is required, and this amount varies based on the category of services being provided and the volume of services needed to serve the children within each fiscal year. In total, the budget for the City's CSA is $13.5 million for Fiscal Year 2021-22, which was based on FY 2019-20 actual expenditures. If costs exceed the budget, additional appropriations can be made to local CSA programs through a supplemental request process. This arrangement ensures that all children in need of services can be accommodated. CSA expenditures have increased by over 40% compared to FY 2020-21 due to increased program utilization and increased rates. Based on an analysis of program spending by CSA staff, the CPMT unanimously approved a supplemental funding request to the OCS. The total cost of the increase is $2,665,329, and the Commonwealth's portion is $1,914,214. The balance, $751,115, is the required locality match. • Considerations: The OCS has approved the City's request for supplemental funding. The funds required for the local match will be provided within the FY 2021-22 Operating Budget of the Department of Human Services, so this request does not require additional General Fund support. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: A-9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1,914,214 FROM THE VIRGINIA OFFICE OF CHILDREN'S 3 SERVICES AND TO TRANSFER $751,115 WITHIN THE 4 DEPARTMENT OF HUMAN SERVICES FOR THE 5 CHILDREN'S SERVICES ACT PROGRAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $1,914,214 is hereby accepted from the Virginia Office of Children's 11 Services and appropriated, with revenue from the Commonwealth 12 increased accordingly, to the FY 2021-22 Operating Budget of the 13 Department of Human Services for the Children's Services Act Program. 14 15 2. $751,115 is hereby transferred within the FY 2021-22 Operating Budget of 16 the Department of Human Services to support the required local match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services City-At me s O ice CA15765 R-1 April 20, 2022 [ ,,,,_ f �J 'g,7 f s3 Cot'o .1'i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the General Fund Reserve for Contingencies for the June 2022 Primary Election MEETING DATE: May 3, 2022 • Background: A Republican Primary Election has been ordered for June 21, 2022, in the City of Virginia Beach. As required by state law, the City bears the costs of this election. The FY 2021-22 Operating Budget for the Office of Voter Registration & Election does not include funding for a primary election, so a transfer of funds is necessary. The source for this transfer is the General Fund Reserve for Contingencies. • Considerations: The total cost for the elections is estimated to cost $360,677. The following is a breakdown of anticipated costs: • $20,000 is for staff overtime; • $225,000 is for contracted manpower and election officials to staff the polls; • $103,177 for contractual services (custodians, printing and binding, machine technicians, ballot design and proofing, election day support, moving of election equipment, and ballots); and • $12,500 for postal services. If approved, the balance of the Reserve for Contingencies will be $494,308. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registration & Elections City Manager: P.4 )0 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES FOR 3 THE JUNE 2022 PRIMARY ELECTION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $360,677 is hereby transferred from the General Fund Reserve for 9 Contingencies to the FY 2021-22 Operating Budget of Voter Registration and Elections 10 for costs associated with the Primary Election on June 21, 2022. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services Ci or y' ice CA15767 R-1 April 20, 2022 u i;-, eo 4c61 (S'ZI6.1 tYj 6,i,k, .4.a � `LVta.w•, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds and to Authorize the City Manager to Execute a Sponsorship Agreement with TEAM LAMB, LLC, to Support Juneteenth at the Beach MEETING DATE: May 3, 2022 • Background: TEAM LAMB, LLC, has scheduled a three-day event on June 17 — June 19, 2022 called "Juneteenth at the Beach" (the "Festival"). TEAM LAMB, LLC, has offered the City an opportunity to be a sponsor of the Festival with a proposed sponsorship fee of $15,000. By being a sponsor, the City will receive: • (8) premium banner space (6' x 2'); • a brand ID link on web page with full header; • access for (8) to VIP — Sponsor Event; • full page ad in festival brochure (3" x 8"); • brand ID on all print media; • brand ID on social and digital media; • brand ID on LED video wall onsite; and • 10 x 30 activation space. Juneteenth has been recognized by the City formally in 2019, and by ordinance adopted in June 2021, Juneteenth is a holiday for City employees. • Considerations: The attached ordinance transfers $15,000 from the City Council Reserve for Emergent Needs to the Operating Budget of the Convention and Visitors Bureau and authorizes the City Manager to execute a sponsorship agreement with TEAM LAMB, LLC. The details of the sponsorship are provided in the sponsorship brochure and the attached summary of material terms. The City support of Juneteenth and this Festival is aligned with the celebratory spirit of this occasion for the residents of the City. If approved, the balance of the City Council Reserve for Emergent Needs will be $606,569. • Public Information: Normal Council Agenda process. • Attachments: Ordinance; Juneteenth at the Beach Sponsorship Brochure; Exhibit A (Summary of Material Terms) REQUESTED BY MAYOR DYER AND COUNCIL MEMBER WOOTEN REQUESTED BY MAYOR DYER AND COUNCIL MEMBER WOOTEN 1 AN ORDINANCE TO TRANSFER FUNDS AND TO 2 AUTHORIZE THE CITY MANAGER TO EXECUTE A 3 SPONSORSHIP AGREEMENT WITH TEAM LAMB, 4 LLC, AND TO SUPPORT JUNETEENTH AT THE 5 BEACH 6 7 WHEREAS, Juneteenth has been recognized by the City formally in 2019, and 8 by ordinance adopted in June 2021, Juneteenth is a holiday for City employees; 9 10 WHEREAS, TEAM LAMB, LLC, has scheduled a three-day event on June 17 — 11 June 19, 2022 called "Juneteenth at the Beach" (the "Festival"); 12 13 WHEREAS, TEAM LAMB, LLC, has offered the City an opportunity to be a 14 sponsor of the Festival with a proposed sponsorship fee of $15,000; 15 16 WHEREAS, by being a sponsor, the City will receive (8) premium banner space 17 (6' x 2'), a brand ID link on web page with full header, access for (8) to VIP — Sponsor 18 Event, full page ad in festival brochure (3" x 8"), brand ID on all print media, brand ID on 19 social and digital media, brand ID on LED video wall onsite, and 10 x 30 activation 20 space, a copy of the sponsorship brochure is attached hereto; in furtherance of that 21 objective, the City desires to be a sponsor of the Festival; and 22 23 WHEREAS, the City support of Juneteenth and this Festival is aligned with the 24 celebratory spirit of the occasion for the residents of the City; 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, THAT: 28 29 1. The City Manager is hereby authorized to execute a sponsorship agreement 30 between the City and TEAM LAMB, LLC, in a form acceptable to the City 31 Manager and approved by the City Attorney, consistent with the attached Exhibit 32 A, summary of material terms. 33 34 2. $15,000 is hereby transferred from the City Council Reserve for Emergent Needs 35 to the Operating Budget of the Convention and Visitors Bureau in furtherance of 36 the City's sponsorship of the Festival. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: e City Attorney CA15774/ R-1 /April 27, 2022 EXHIBIT A SUMMARY OF MATERIAL TERMS TYPE OF AGREEMENT: Sponsorship EVENT: "Juneteenth at the Beach" PARTIES: TEAM LAMB,LLC("Promoter") City of Virginia Beach("City") Sponsorship fee: $15,000 Responsibilities of the Promoter: Create a festival substantially as presented in the attached Juneteenth at the Beach Sponsorship Brochure. The Promoter is to secure all necessary permits,licenses,and insurance required for the Festival. The Promoter is to provide the City with binding commitments for other financial sponsors, entertainment, events, food trucks, and other features and attractions of the Festival. Provide the City with the "Standard Sponsor Benefits" listed on page 4 of the Juneteenth at the Beach Sponsorship Brochure. Responsibilities of the City: The City to pay a half of the sponsorship fee upon execution. Upon the Promoter completing the above responsibilities,the City to provide a payment of the other half of the sponsorship fee. Additional Responsibilities of the Promoter after the Event: Provide Festival attendance and sponsor information to City to allow the City to review economic impact, and the provision of such information is a precondition to the City's future sponsorship of the Festival. Team L.A.M.B presents ' i L....'.. --. i ..• ,b.r-- . @The Be.'c:, J s; • ",% � 4,.... iii 2,,, _14. jot, Alt if 4Tilk / - ,._.i. t'Ve Iv, .41‘.., -°\k \iiks I 1,11°' • ' -• ' Albr . t i ' :4- ,,,, Pt,+" iilli' -,.... ., . , _ ,, , s. N �� ► �1 �I' ` ' r, `_ t 1 ate► illoo 40- 1C• CELEBRATING OUR CULTURE WITH EVERYONE. 24th Street Park Oceanfront Virginia Beach June 18-19th, 2022 WWW.JUneteenthatthebeach.com juneteenthatthebeach.com Juneteenth! America's most recent officially recognized federal holiday. The holiday is a celebration of the full emancipation of African American slaves in the United States of America. The African American community in the City of Virginia Beach and across the Mid-Atlantic is significant, therefore celebration of Juneteenth is very important to cultural diversity and the inclusiveness throughout our city. Celebrated between the second and third weeks of June, on June 19th, this weekend provides an opportunity to display inclusiveness of the African American CULTURE at the resort area. A multi day Juneteenth celebration will be positive cultural programming, thus attracting visitors, small business owners, creatives, and entrepreneurs to our oceanfront resort. Don't miss this exciting celebration and highly impactful opportunity to connect your business and community to this African American celebration. CELEBRATING OUR CULTURE WITH EVERYONE. . ,,,„... 4* , 4aok , • i' • - 4 ) 41' it 1) fit • •;;?' . A ' 14, 44 .� !IN.:.._ 4 t. If; ' a,r`r` ` £ mil :*: illk r: r 646. i - '' - is* giti 41'. I Wad • . 17 r 2022 S p o n s o r s (as of 3/1/22) Xt 11-,, 17„. * Z. * CB , 4 M }....J a\ I �, ,.. _r CE3LACK cox juneteenthatthebeach.corn Friday, June 17 , 2022 Tentative Schedule 6pm - 7pm Vendor/Sponsor Early Check in Festival Office Space- On Site 7pm - 9pm VIP/Sponsor Meet and Greet Harvest Rooftop Bar&Lounge Saturday, June 18 , 2022 12pm - 1 pm Welcome to Juneteenth Day 1 Main Stage : 24th Street Park 1:30pm - 3:00pm Poolside Cooking TV LIVE! at the Beach Main Stage : 24th Street Park 3:30pm - 5:30pm "The Return of Miss Tidewater"Black Beauty pageant Main Stage : 24th Street Park 6:00pm - 7:00pm Concrete Canvas Entertainment Showcase Main Stage : 24th Street Park 7:00pm -8:00pm Concrete Canvas Entertainment Showcase Main Stage : 24th Street Park 8:00pm-10:00pm Concrete Canvas Entertainment Showcase Main Stage : 24th Street Park Event closes at 10:00pm Sunday, June 19 , 2022 10am - 11 am Morning Yoga Main Stage : 24th Street Park 1:00pm - 2pm Welcome/TL Greetings/VAACC Main Stage : 24th Street Park 2:00pm - 3:00pm Live entertainment and staff Main Stage : 24th Street Park 3:30pm - 4:30pm Opening Gospel Music Act 1 Main Stage : 24th Street Park 5:00pm -6:00pm Opening Gospel Music Act 2 Main Stage : 24th Street Park 6:30pm-8:00pm Headliner Gospel Music Acts Main Stage : 24th Street Park Event closes at 9:00pm . - Iri i . Pa" - % _ ir- - NI 1 fil 1`.r ',N''.. —�°• SHOWS AND c'+ T THE SOUL A l :.,•#1 ,,';r' UNITY OF OUR ''. d 3 ' ,_� �� ``` �► LOCAL COMMUNITY " ;; �' LOCAL BLACK OWNED FOOD AND RETAIL VENDORS �� ! ###►!.' ' GAMES AND COMMUNITY CONNECTIONS - _ LIVE BANDS AND CULTURAL ACTIVATIONS �1t: W.- n aF r r,W .ram' juneteenthatthebeach.com• 2022 Partnership ' Opportunities AlBPartnering with Juneteenth at the Beach, is a great opportunity oty-= f the City of V Be to me a r pbme of cultural inclusiveness.irginia Our proposedak optionsy belowstate offer nt increasedor media and comm achunity outreachve, with u greaterlic direct '♦ • Virginia Beach impact in our African American communities. Our preliminary budget $10,000 Presenting Sponsorship Live entertainment and staff : $3,000 Sound & Lights Prouduction : $7000 Presenting Sponsor Security : $2000 Hampton Roads TV Media Marketing / Signage : $3000 Juneteenth Custom VB Newspaper Hampton Roads Community Outreach Increase social media engagement We have budgeted and planned to 10x20 Cultural activation (VB Cultural Affairs) produce a quality event for Virginia Beach residents and tourists. Sponsorship from $25,000 Platinum Presenting Sponsor our city partners will allow for increased marketing and media, local and regional Presenting Sponsor community outreach, and production Hampton Roads TV Media support. Juneteenth Custom VB Newspaper Hampton Roads Community Outreach Increase social media engagement 10x30 Cultural activation (VB Cultural Affairs) Fullwidth 24th Street Stage Back drop Upgraded Live Stream Production Billboard advertisement Virginia Beach Celebrity DJ Appearance STANDARD SPONSOR BENEFITS $40,000 Naming Rights Sponsor • (8) Premium Banner Space 6' x 2' Exclusive Naming Rights • Brand ID link on web page with Full header Mid Atlantic TV Media Juneteenth Custom VB Newspaper • Access for(8)to VIP - Sponsor Event Hampton Roads Community Outreach • Full page ad in festival brochure (3"x 8") Increase social media engagement 10x30 Cultural activation (VB Cultural Affairs) • Brand ID on ALL print media Full-width 24th Street Stage Back drop Upgraded Live Stream Production • Brand ID on Social &Digital Media Billboard advertisement • Brand ID on LED Video Wall on site Celebrity DJ Appearance 30 day Street Team Campaign w/vehicle • 10 x 30 Activation Space Attend pop ups in other Mid Atlantic cities Celebrity Artist Appearance juneteenthatthebeach.com WHY PARTNER WITH US? On-site signage Tasting &Sampling opportunities Grab attention of thethousands strolling ■ousa ds Do you have a product that is best the park with vibrant colorful brand mes- sampled? This event is perfect for sages. sampling and taste test. Attendees always welcome samples and tastings. Ad Space in Festival Brochure Boardwalk for large displays The event brochure is distributed to all of We have ample space, perfect for dis- attendees and all VIP guests. Printed in play of your brand messanging or con- full color, your message will become part necting with consumers. Branded mobile of this printed festival keepsake. displays and vehicles are great on the high visibility boardwalk. Entertain clients and employees Pre Event Media exposure . 3 Juneteenth as the Beach is a perfect em- 6Radio, TV, 9 ,Newspaper, Digital, rass g pioyee performance incentive.Also invite roots, etc...ALL pre event media creates clients out to experience your business a high impact mix to share your brand. and cultivate relationships + .� = 'ram "'"-1 l 1 ill-2 N ..._ ,. 4 -,4. A ii ' 'q► M ill i fflr A .'. _.- --'`` v., s MAIN STAGE 24TH PARK **i fr--- 11- ' 4 ' ,, THIS PARK IS LOCATED IN THE VERY BUSY . —. ' - i 't II CENTRAL CORRIDOR OF THE RESORT Ai DISTRICT. A BEAUTIFUL TRELLIS ENCLOSED lit III ' t i EVENT AREA MAKES FOR PERFECT EVENTS , AND CONSUMER ENGAGEMENT. VENDORS Aga s4 f __ AND BUSINESS SPONSORS WILL ENJOY 3 _— - N. ' EXCELLENT BRAND VISIBILITY . - - -. 14,.• '-' ;"014' ,N,Z.*'''",. 77 :-'5' -*-- ti r-it i ` ' , ,wa, t • 1 4 ►`: A { " @The Beach � s IL R FOR MORE INFORMATION ABOUT PARTNERSHIPS PLEASE CONTACT US partnerships@juneteenthatthebeach.com 249 CENTRAL PARK AVENUE•STE 300-135 VI RG I N IA BEACH, VA 23462 K. PLANNING 1. Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Stormwater Impacts for Discretionary Land Use Applications RECOMMENDATION: STAFF- APPROVAL PLANNING COMMISSION- DENIAL 2. Ordinance to AMEND Section 201 of the City Zoning Ordinance (CZO) re setbacks for in-ground pools adjacent to the Atlantic Ocean RECOMMENDATION: APPROVAL frrO'besk...844cif • Vi NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,May 3,2022 at 6:00 p.m.In the Council Chamber at City Hall,2^a Floor at 2403 Courthouse Drive (Old City Hall), Building 3, Virginia Beach, VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbgov.webex.com/vbgov/onstage/sohp?M Ti P=e6acc7b5067b74d90d3b9ba60393c54f7 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on May 3,2022. The following requests are scheduled to be heard: CITY OF VIRGINIA BEACH-A Resolution to amend the City of Virginia Beach Comprehensive Plan 2016,to address City- wide stormwater impacts for discretionary land use applications. CITY OF VIRGINIA BEACH-A Ordinance to amend Section 201 of the City Zoning Ordinance pertaining to setbacks for an in-ground pool adjacent to the Atlantic Ocean. Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St. Suite 500, Virginia Beach, VA 23452 or online at www.vbgov.com/pc. For information call 757-385-4621. Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our website at www.vbgov.com/government/departments/city-clerk/city- council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-APRILI7&24,2022-1 TIME EACH CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A RESOLUTION TO ADOPT AND AMEND INTO THE VIRGINIA BEACH COMPREHENSIVE PLAN 2016 THE STORMWATER IMPACTS FOR DISCRETIONARY LAND USE APPLICATIONS MEETING DATE: May 3, 2022 (Referred to Planning Commission on February 15, 2022, Deferred on February 1, 2022, January 4, 2022, and December 7, 2021) • Background: In support of the Stormwater Bond Referendum (Referendum) on the November ballot, City Council passed a resolution on September 7, 2021, that outlined specific commitments to ensure swift action following approval of the referendum question. One such commitment is the delivery to the Planning Commission and City Council an amendment to the City's Comprehensive Plan (Comp Plan) related to stormwater discharge associated with discretionary land use applications. The amendment affirms City Council's intention to require all rezoning applications regardless of the location within the city be required to demonstrate no impact or increase in demand on the public stormwater system as outlined in the City Council adopted resolution. As the citizens of Virginia Beach passed the Referendum on November 2, 2021, an amendment to the Comp Plan was drafted and subsequently considered by the Planning Commission on November 10, 2021. On November 10, 2021, the Planning Commission, while supportive of the concept within the Comprehensive Plan amendment, voted 11-0 to recommend denial of the amendment as they indicated that additional input from stakeholders was warranted. City Council then deferred consideration of the amendment at the December 7, 2021, January 4, 2022, February 1, 2022, and February 15, 2022 City Council Hearings. The most recent deferral was accompanied with instructions to the Planning Commission to reconsider the amendment and obtain additional public engagement. In response to this directive, the Planning Commission held a workshop following their March 2022 public hearing to discuss the topic in detail. This was followed by public comment provided to the Commission during the April 11, 2022, Planning Commission public hearing. There were four speakers at this meeting who noted opinions regarding the cost and timeliness of the preliminary review process; the question of appropriateness of the proposed language within a long-range policy document; and the inquiry as to why this extra review was imposed. The Planning Commission discussed the amendment and noted concern that not approving it would erode public trust; however, the motion to Deny carried with a vote of 7-2, as other Commissioners believed that the proposal could inhibit economic development and agreed with City of Virginia Beach —Comp Plan Amendment Page 2 of 2 the opposition speakers that the proposed language should not be placed in the long-range Comprehensive Plan. • Considerations: On September 7, 2021 City Council passed a resolution which required Staff to bring forward a Comprehensive Plan amendment which directs Staff to recommend denial of any application for a rezoning that will impact the current or future stormwater system. Currently, the Comprehensive Plan recommends applications within the Southern Rivers Watershed and in areas of known flooding submit a preliminary stormwater study. The proposed Comp Plan amendment would require conditional rezonings for properties throughout all of Virginia Beach to include a preliminary stormwater study, while all other discretionary applications such as Conditional Use Permits would be exempt. A stormwater regulation workgroup with membership of City Council liaisons, City Staff, professional consulting engineers, and representatives of the development community have been discussing a variety of stormwater issues facing the city. One such issue are the contents of a preliminary stormwater study. These requirements are noted in an internal policy document rather than codified in City ordinances and changes to provide a simplified submittal option is being implemented where the analysis is currently required. • Recommendation: On March 9, 2022, the Planning Commission voted 7-2 to recommend Denial of the proposed Comprehensive Plan amendment. • Attachments: Staff Report with Comp Plan Amendment & City Council Resolution Minutes of Planning Commission Hearings— Nov 10, 2021 & April 13, 2022 Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. L, : Submitting Department/Agency: Planning Department ( ---7 City Manager: J 1 A RESOLUTION TO ADOPT AND AMEND INTO THE 2 VIRGINIA BEACH COMPREHENSIVE PLAN 2016 THE 3 STORMWATER IMPACTS FOR DISCRETIONARY LAND 4 USE APPLICATIONS 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Resolution adopted by City Council on September 7, 2021 in 10 regard to the approval/disapproval of discretionary applications for land use, was 11 passed to insure that the projects financed by the referendum passed on November 2, 12 2021 are not nullified by further discretionary land use applications; 13 14 WHEREAS, the changes required by the Resolution should be incorporated into 15 the Comprehensive Plan 2016, and are in conformity with the proposed revisions to the 16 Comprehensive Plan, attached hereto; and 17 18 WHEREAS, these changes should be adopted and incorporated as part of the 19 Comprehensive Plan 2016. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption and amendment of the changes required by the resolution dated 28 September 7, 2021 in regard to stormwater discretionary land use applications. Such 29 documents are attached hereto and made a part hereof, having been exhibited to the 30 City Council and placed on file in the Department of Planning and Community 31 Development. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 day of , 20_. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: /10/3J )11t10.1 1L-N13,\ Planning Depa ment City Attprrey's Office CA15564/R-2/November 1, 2021 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing November 10, 2021 Amendment to the City of Virginia Beach Comprehensive Clinor Plan, 2016 to address stormwater impacts for Virginia Beach discretionary applications Request A Resolution to amend the Environmental Stewardship Framework of the City of Virginia Beach Comprehensive Plan, 2016,to address stormwater impacts for discretionary applications. This amendment is to be in compliance with the Resolution passed by City Council on September 7, 2021. Summary of Referred Ordinances The purpose of this amendment is to fulfill the components of the stormwater bond referendum approved by the citizens of Virginia Beach on November 2, 2021. The amendment will require rezoning and conditional rezoning applications to demonstrate no stormwater impact upstream or downstream of the proposed project or to current or planned stormwater and yea level rise resiliency flood control projects included in the referendum.To show compliance with this policy, all rezoning and conditional rezoning applications will be required to provide a preliminary stormwater analysis similar to what is currently recommended for discretionary applications in the Southern Watershed. Staff envisions that the preliminary stormwater engineering analysis should include plans and calculations that demonstrate stormwater facilities have been adequately designed and sized to ensure no off-site impacts.This simplified analysis should be combined with a potential volunteered proffer stating the site plan will conform to all applicable state and local stormwater management regulation at the time of plan submittal and will not create and impact on upstream or downstream properties or stormwater systems. Alternatively, if a proffer is not volunteered, a more comprehensive stormwater analysis to include stormwater modeling will need to be completed prior to receiving favorable recommendation from staff. By having no impact on the stormwater infrastructure,the City can continue to be resilient to future storms and still allow for new development where appropriate. The amendment also removes references in the Comprehensive Plan to the "Integrated Site Design" document which was a proposal to address resiliency through required site design elements. This document was never adopted by City Council and is not a policy that can be implemented at this time. Recommendation Staff recommends approval of this Resolution to amend the Comprehensive Plan as it will protect the City's investment in stormwater infrastructure and will meet the requirements of the Resolution to support the Bond Referendum adopted by City Council on September 7, 2021. City of Virginia Beach Agenda Item 1 Page 1 Resolution 1 A RESOLUTION TO ADOPT AND AMEND INTO THE 2 VIRGINIA BEACH COMPREHENSIVE PLAN 2016 THE 3 STORMWATER IMPACTS FOR DISCRETIONARY LAND 4 USE APPLICATIONS 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Resolution adopted by City Council on September 7, 2021 in 10 regard to the approval/disapproval of discretionary applications for land use, was 11 passed to insure that the projects financed by the referendum passed on November 2, 12 2021 are not nullified by further discretionary land use applications; 13 14 WHEREAS, the changes required by the Resolution should be incorporated into 15 the Comprehensive Plan 2016. and are in conformity with the proposed revisions to the 16 Comprehensive Plan, attached hereto; and 17 18 WHEREAS, these changes should be adopted and incorporated as part of the 19 Comprehensive Plan 2016. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption and amendment of the changes required by the resolution dated 28 September 7, 2021 in regard to stormwater discretionary land use applications. Such 29 documents are attached hereto and made a part hereof, having been exhibited to the 30 City Council and placed on file in the Department of Planning and Community 31 Development. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 day of ,20 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15564/R-2/November 1,2021 City of Virginia Beach Agenda Item 1 Page 2 Comprehensive Plan Amendment City of Virginia Beach Comprehensive Plan—It's Our Future:A Choke City November 20,2018 be taken to ensure consistency between the Comprehensive Plan and the Regional Hazard Mitigation Plan,especially related to strategies to mitigate recurrent flooding and sea level rise. Recommended Policies: Sea Level Rise,Recurrent Flooding,and Hazard Mitigation • Concentrate new development at higher elevations outside special flood hazard areas. • Use alternative construction techniques to minimize fill in the Floodplain Subject to Special Restrictions. • Wherever possible in the development approval process,avoid developing inside special flood hazard areas,especially in the Southern Watershed Area,which is characterized by limited relief and a minimal hydraulic gradient. Agenda for Future Action Recommendations:Sea Level Rise,Recurrent Flooding,and Hazard Mitigation • Develop a program to educate the public on the beneficial functions and values of floodplains. • implement the findings and recommendations of the Sea Level Wise Response Strategy. • Preserve and enhance beaches and dunes along the City's Atlantic Ocean and Chesapeake Bay shorelines. • implement the recommendations of the Regional Hazard Mitigation Plan. LAND DEVELOPMENT AND STORMWATER MANAGEMENT Land is a precious resource,limited in amount,highly valued and often exploited,a commodity that is constantly being sold,developed,or redeveloped. As the City matures,its land inventory becomes even scarcer.Management of land in its natural state demands that we employ wise management and stewardship practices to safeguard the City's natural heritage.Similarly, developed land should be used in a sustainable manner so that its value to present and future generations is maintained or enhanced.On Novembers 2021,the citizens of Virginia Beach passed a bond referendum to initiate a comprehensive financial plan to pay for the debt related to significant City-wide stormwater flood control projects.The goal of these projects is to provide for the long-term flood mitigation needs of the City. Based on the resolution passed by City Council on September 7,2021.it is the intent of City Council to require all rezoning and conditional rezoning requests have no impact on the current and planned future stormwater infrastructure that will help protect the City from recurrent flooding and sea level rise.Similar to the current policy for the Southern Watershed,all rezoning and conditional rezoning applications must demonstrate by providing a preliminary stormwater analysis no impact to the stormwater infrastructure upstream and downstream and this information shall be provided,amongst other planning considerations,to obtain a positive recommendation from staff. practices. Environmental Stewardship Framework/2-57 City of Virginia Beach Agenda Item 1 Page 3 Comprehensive Plan Amendment City of Virginia Beach Comprehensive Plan-lt's Our Future:A Choke City November 20,2018 The City has recently drafted an Integrated Site Design Cuide as the latest in a series of initiatives intended to s� help developers accomplish sustainable development • in the city.While this effort is designed to update the in 2002 and revi:;ed in 2009,it is not an attempt to pop, related to landscaping,and stormwalter management.The Cuide seeks to maintain the beneficial «.,..,,,,.,,.r_,..r,-_,,,r,,._, _•„,,,..,,;,,ng a landscaping strategies that have been successful in ' • be unifying Virginia Balch over the last 20 years.The Cuide will be the tool box from which landscape architects and designers,civil engineers,planners, at: i:ttp www.vbyweeni/goverinwnt/o(ficee/esolDocunicutc/iedo 3011.pdf Environmental Stewardship Frn,nework'2•58 City of Virginia Beach Agenda Item 1 Page 4 Comprehensive Plan Amendment City of Virginia Beach Comprehensive Plan—it's Our Future:A Choke City November 20,2018 Stormwater management regulations were pas eel by the General As''embly after many years of state agency to local government implementation and enforcement without additional resources to 4ocal governments.As a result,the City of Virginia Bc'ach adopted new stormwater management regulations and fees,which became effective July 1,2011 Perhaps more than anything else in recent years,these state mandated regulations have changed the way development projects are designed and approved in Virginia Beach.In addition,since adoption of the 2009 Comprehensive Plan,the City of Virginia Beach prepared a Cemprr lu'iisive Stormwater Almmgein.:'iit Plan that was Southern Watershed Subject to"Special Drainage Considerations" In addition,the Southern Watershed(see Southern Watershed map in Chapter 1,Section 1.5-Rural Area)is subject to"special drainage considerations."Drainage in the Southern Watershed is highly impacted by the presence of high ground water,poorly draining soils,and high water surface elevations in downstream receiving waters.Therefore,it is recommended that the developer of any property in the Southern Watersheds understand and evaluate these factors prior to undertaking the project and properly account for these factors in the project design.Receiving waters in the Southern Watersheds are subject to wind driven tidal influences.High ground water elevations and poorly draining soils can result in increased runoff,can limit the capacity of stormwater conveyance systems,and can counter the use of certain Best Management Practices,such as infiltration. All of these effects must be fully considered and evaluated in the analysis and design of drainage systems in the Southern Watersheds.Accordingly,it is strongly recommended that the developer has a preliminary drainage study prepared by a qualified professional engineer in advance of any request to approve a discretionary(versus by-right)development application that involves land disturbance in the Southern Watershed.The drainage study should fully and accurately evaluate the effects of the foregoing factors on the planned development and on upstream and downstream areas.The proposed drainage system for the planned development would provide positive drainage that meets City standards and does not result in flooding within the planned development or to upstream or downstream areas. Recommended Policies: Land Development and Stormwater Management • "Low Impact Development"design features should be incorporated into the City's major buildings and parking area projects and in all private development plans. • All waterfront development proposals in the Strategic Growth Areas(SGAs)should be coordinated with the City's Parks and Recreation Department for potential public water access(e.g.,canoe/kayak put in,parkland,plaza,etc..)in accordance with adopted SGA Master Plans. Specifications and Standards. Environmental Stewardship Frame►1'ork'2,59 City of Virginia Beach Agenda Item 1 Page 5 City Council Resolution REQUESTED BY COUNCILMEMBERS MOSS AND TOWER 1 A RESOLUTION MAKING CERTAIN COMMITMENTS 2 REGARDING THE COMPREHENSIVE FLOOD MITIGATION 3 BOND REFERENDUM 4 5 WHEREAS, changing weather patterns and sea level rise as validated by National 6 Oceanic and Atmospheric Administration (NOAA 202C), the Massachusetts Institute of 7 Technology and the Sea Level Wise Adaptation Study have demonstrated that the in- 8 place drainage capacity, even in like new condition is: 'i) severely inadequate to protect 9 the city from structures being flooded on a city-wide basis; (ii) insufficient to preclude the 10 future downgrade of the City's bond rating based on economic loss of even single one- 11 hundred-year flooding event and recovery time and (iii) the path to stagnant economic 12 growth as investors pass us by; 13 14 WHEREAS, the Sea Level Wise Adaptation Study and the City's modeling of four 15 watersheds and 15 drainage basins have validated the drainage capacity required to 16 discharge the water of a one-hundred year storm event(a storm event with a 1% annual 17 exceedance probability) to prevent flooding of homes and businesses accounting for 1.5 18 feet of sea level rise and a high tide of 2.3 feet over mean average high tide of 1.8: 19 20 WHFRFAS. the City staff has sufficiently scoped out the engineering material 21 solution for a referendum quality cost estimate for eliminating the backlog in ma ntenance 22 of legacy ponds, ditches, and canals and the installation of 21 named projects on the 23 bond referendum question: 24 25 WHEREAS, at the end of the ten-year period in 2032, eight percent of the City will 26 qualify for preferred FEMA flocd insurance risk due to completion of the twenty-one 27 named projects in the bond referendum question and elimination of the backlog in the 28 maintenance of the City's legacy ditches, canals, and ponds: 29 30 WHEREAS. at the ten-year build out, Phase Two will commence to achieve 31 Virginia Beach high and dry in 2045: 32 33 WHEREAS, meeting the existential threat of flooding will improve the quality of life 34 for residents, and a competitive advantage for a growing economy will be sustained: and 35 36 WHEREAS, the City Council previously directed the City Manager to create a 37 dedicated webpage on the City's website that includes each of the Phase 1 projects and 38 the progress —by dollar amount spent and by milestone achieved — toward completion of 39 such projects and to provide quarterly reports to the City Council providing updates 40 regarding the execution of the projects if the referendum question is answered in the 41 affirmative; 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA. THAT: City of Virginia Beach Agenda Item 1 Page 6 City Council Resolution 45 46 The City Council urges the residents to carefully consider the issue of flood 47 mitigation and plan to vote in November To assist in the residents' deliberations, the City 48 Council makes the following mmmitments which wth the exception of #4, will be 49 deliverec within three weeks if the residents approve the referendum question in 50 November: 51 52 1. The City Council will adopt a comprehensive financial plan to pay for the 53 authorized $567,500,D00 of general obligation debt, which will include the 54 following: 55 a. The authorized debt to be repaid by a real estate tax increase of 4.3 5S cents for twenty-year debt based on an average annual increase of three 57 percent in the City's taxable real estate based on the 1 July 2021 land 58 book. 59 b. The financial plan shall create a single appropriation unit into which all 60 bond proceeds are deposited and a single appropriation unit into which 61 all revenue derived from the increase in real estate taxes are deposited. 62 Such fund shall provide all deposit and withdrawal information with 63 sufficient granularity for oversight by the City Council and the Citizen 64 Oversight Board. 65 c. In furtherance of the long-term flood mitigation needs of the City, the 66 general obligation bonding capacity created by the retirement of the dcbt 67 authorized by the November 2021 referendum shall be reserved 68 exclusively for the issuance of bonds to finance Phase 2 of the City's 69 flood mitigation program and subsequent sea level rise projects. 70 71 2. The establishment of a Citizen Oversight Board composed of seven members 72 that shall have access to all financial, contract documents, acceptance and 73 deliverable testing and certifications documentation, and shall receive a 74 monthly briefing from the City Manager, Quality Assurance Officer, and the 75 Contractor's program manager and quality assurance officer and shall give a 76 public brief to the City Council every two months on the twenty-one named 77 projects in the bond referendum question and the elimination of the backlog in 78 the maintenance of the City's legacy ditches canals, and ponds. 79 80 3. An amendment to the City's Comprehensive Land Use Plan that will 81 recommend denial for any project or development that generates a ne: increase 82 in water discharge demand in any watershed or in any drainage system in 83 watershed over the capacity of net of margin to meet the modeled discharge 84 baseline of the drainage system at build-out, and further requiring the Planning 85 Department to recommend denial of any submission that does not conform to 86 the former. 87 88 4. The City Manager is to develop and present to the City Council an acquisition 89 strategy that seeks to streamline and expedite design and construction of the 90 twenty-one flood mitigation projects, including using a single prime contractor, City of Virginia Beach Agenda Item 1 Page 7 City Council Resolution 91 watershed bundling, and project bundling The City Manager is to also acquire 92 a separate contractor bonded to conduct quality assurance and recommend 93 deliverable acceptance 94 95 5. The City Attorney shall prepare an ordinance that freezes the Stormwater 96 management fee through 2028. 97 98 BE IT FURTHER RESOLVED, THAT: 99 100 The City Council is in agreement that the following reflects the course of action to 101 be pursued if the November referendum is answered in the negative: 102 103 1. The City will prioritize funding to eliminate the backlog in the maintenance of 104 ponds, ditches, and canals and sustaining the required maintenance cycles: 105 2. The City will continue the planned increases in tie Stormwater management fee 106 and issuance of revenue bonds for stormwater projects, such fees to be increased 107 as necessary to support the authorized projects and additional bond costs 108 associating with revenue bonds; 109 3. While flood risk remains, the Phase 1 projects will be pursued over the following 110 forty years. and the perils and risks associated with this timeline incluce severe 111 weather events, increased flood insurance premiums. companies locating and 112 relucating elsewhere. pulential reductiurr in the City's bond ratiny, and hurtle 113 va;ues adjusted to reflect the cost of flood insurance; 114 4. The work associated with the Phase 1 projects will increase over time as cost of 115 construction increases, and the borrowing costs may not be as favorable as today; 116 and 117 5. Rainfall events will cont nue to happen during the longer forty-year delivery 118 schedule for the Phase 1 crojects with the probable outcome of flooding to homes 119 and businesses. Adopted by the Council o' the City of Virginia Beach, Virginia, on me clay of . 2021. APPROVED AS TO LEGAL SUFFICIENCY: City.Attorney's Office CA 15526 R-3 September 1 2021 City of Virginia Beach Agenda Item 1 Page 8 Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Item #1 City of Virginia Beach A Resolution to amend the City of Virginia Beach Comprehensive Plan, 2016 to address City-wide stormwater impacts for discretionary land use applications. RECOMMENDE FOR DENIAL— HEARD Madam Clerk: Thank you, Mr. Chairman. Our first item today is agenda item number one, City of Virginia Beach, a Resolution to amend the City of Virginia Beach Comprehensive Plan, 2016 to address citywide storm water impacts for discretionary land use applications. Chairman Wall: Okay. Thank you. Mr. Tajan. Robert J. Tajan: Thank you, Mr. Chair. Chairman Wall: Can you state your name for the record? Robert J. Tajan: Robert Tajan, Planning Director of the City of Virginia Beach. As we have here, we have the Resolution to amend a chapter of the Virginia Beach Comprehensive Plan to address the Resolution by City Council. On September 7th, 2021, City Council passed the Resolution and support of the bond referendum, which had a number of things and one of them included a requirement for staff to bring forward an amendment to the City's Comprehensive Plan, which would require all discretionary applications, rezonings to provide essentially a preliminary storm water analysis showing that they would have no impact on the city's storm water system as they go through the process. Robert J. Tajan: The proposal would only impact those discretionary applications, while of course those that are by right developments or even Conditional Use Permits would still have to meet to the City's stormwaters to standards, which are in the Design Standards Manual. On February 15th, the City Council remanded this back to the Planning Commission to obtain additional public comment. As you know, you've already voted on this item. And we did hold at your last public 1 hearing a public comment session afterwards on this amendment. I stand by to answer any questions regarding this. Jack Wall: Are there any questions for Mr. Tajan? David. Commissioner Weiner: Yes. Okay. So I know I've asked this and you know I've talked about this, but for the record, just wanted you to say this. What we have in a Comprehensive Plan now is for the Southern Watershed. Robert J. Tajan: That is correct. Yes, sir. Commissioner Weiner: What we're putting in there is for the rest of the City. Can you explain the difference between what's in there now and the difference what we're going to put in there to go in there for the rest of the city? Robert J. Tajan: Correct. So the Comprehensive Plan currently has language that says that the Southern Watershed is subject to special drainage considerations. So what has been required is what's known as a preliminary storm water analysis, which essentially right sizes the development, knowing that the site that's being proposed when it goes to a discretionary application in the Southern watershed can actually fit on the site and also still fit the storm water management. It is different than what is required of the Council Resolution. What's shown for the preliminary storm water analysis for the Southern Watershed that we currently do now just shows that it has to comply with the City's requirements. Robert J. Tajan: The key difference is that the proposed language states that you cannot have any impact upstream or downstream. Essentially, you cannot raise any water levels, even if it doesn't cause flooding. The current language in the Southern Watershed says that you cannot create flooding or exacerbate existing flooding. So there could be conditions where, in the Southern Watershed, that there is capacity and you could add water to it that would not cause the system to flood and that would be permissible. This new language in the comp plan would state that you cannot add water into the system. You would have to contain it on site. Chairman Wall: Okay. Yes, Mr. Frankenfield. 2 Commissioner Frankenfield: Okay. So if this is not approved, does it really have any impact on site plan project approval? In other words, I'm asking, are those requirements in place in the Public Works Guidelines, regardless of whether this is included in the Comprehensive Plan? Robert J. Tajan: Yeah. So there are current regulations in the Public Works Design Standards manual that does not allow you to create flooding or exacerbate existing flooding. This, per the Resolution that's being proposed in this language, does make it more stringent though for discretionary applications. So it is saying that they cannot utilize any of the capacity in the system. As I said before, if there is capacity in the system, if you go through the discretionary process, you cannot add water to the system, based on this language that it is. And I'm having... Chairman Wall: I think, from what I'm understanding- Commissioner Frankenfield: He's going to interpret Chairman Wall: No, go ahead. You want to do it? Go ahead. Commissioner Frankenfield: No, go ahead. Chairman Wall: From what I'm understanding what he asked, if this isn't passed, is it going to change anything in this- Robert J. Tajan: No. This being passed does not change what our current design regulations are, if that's the question. It will not change the current standards that are in place. Chairman Wall: Anyone else? Okay, thank you. Madam Clerk, are there any speakers on this item? Madam Clerk: Yes, sir. We have four speakers signed up today. Brad Martin followed by Paul Wallace. 3 Brad Martin: Barry, I think you need to turn your mic on when you're talking. Learn that. You'll get it by your sixth meeting or so. Commissioner Frankenfield: I just won't talk anymore. Chairman Wall: Please state your name for the record. Brad Martin: Good afternoon, Mr. Chair and Commission members. I am Brad Martin and I've been a civil engineer here in Tidewater for 29 years. Let me first say that the development community generally supports reasonable and measurable storm water analysis requirements. Even if they are more burdensome, 1.5 feet of sea level rise and 20% heavier rainfalls are proper protections that we're incorporating into our designs. Brad Martin: That said, these proposed changes to the Comprehensive Plan do not match the stormwater design standards adopted by the City Council in February and March of this year. Even beyond the change from 0.00 to 0.04, the verbiage of no-impact is incongruous with the allowances in the regulations, like Mr. Tajan said, if the local area does not experience current flooding, the project can increase the tailwater elevation in the pipes, as long as new flooding is not caused. A design result, specifically allowed in the regulations for almost two years, would be eliminated by this no-impact clause. I think it's also important to understand what is intended by no-impact as well; the dynamics and the results of this modeling software can be analyzed, and I expect in every single case, they will show that there has been some measurable impact on the public stormwater, maybe higher over here, but lower over there, or heavier flow rate earlier in the storm, which leads to a lower runoff volume later, there's always an impact, even if it's positive. Brad Martin: More importantly than the precision of our design analysis, though, is the fact that we now have to consider how an attorney or a judge would interpret these proposed changes to the Comprehensive Plan; I don't have to tell you that we've entered into a litigious era, with regard to these processes. Recent projects have made their way through the Planning Staff, the Planning Commission, and then the City Council approval, and subsequently, the disaffected stakeholder neighbors have filed suit to stop the projects. In cases like those, with this no- impact verbiage you're considering today, essentially tie the hands of the determining authority and disqualify a future project, even based on the most inconsequential impact with the overall 4 analysis being substantially positive. We're not talking about making things more difficult on the consultants or more risky, costly, and burdensome to the developers. Brad Martin: Think about the chilling effect this would have on the potential for future projects in our city when prospective developers would bypass Virginia Beach entirely because it's not worth the risk to begin the process for a development project. That could completely unravel because of a judge's interpretation of no-impact; the solutions for our stormwater and flooding problems can be found in the referendum the voters approved last November and a diligent maintenance and repair program, which should be the final word. Thank you, I appreciate your time and appreciate your service. Chairman Wall: Thank you. Thank you. Are there any questions? Commissioner Weiner: Mr. Martin, a question for you, and you didn't mention this, but the verbiage in the Comprehensive Plan, what about the proffer? The proffer that's being offered to people like you to say, "Okay, we're going to put a proffer there that says we'll deal with it. We'll get down the road." How do you feel about that? Brad Martin: I'm concerned about that because why do you have to proffer that you're going to follow the rules anyway. To me, I didn't understand that when it came out. I still can't quite understand how that lessens this regulation. There is still the challenge of this no-impact verbiage in the Comprehensive Plan. If Amazon decides to build a $2 billion facility here, but it's going to raise the flood waters by an inch, is that development worth the cost, worth the bite at the apple at that? You have to consider that. I still don't understand how the proffer, saying that we're going to follow the rules, is going to help when this Comprehensive Plan burdens more than the rules do. Chairman Wall: Right. Okay. Thank you. Brad Martin: Thank you very much for your service. Chairman Wall: Anyone else? Okay. Anyone else? All right, thank you very much. All right. 5 Madam Clerk: Paul Wallace followed by Eddie Bourdon. Paul Wallace: Good afternoon. I'm Paul Wallace. I'm 2022 President of the Coastal Virginia Building Industry Association. I'm also President of Wallace Brothers Homes, with offices here in Virginia Beach at 2525 Oconee Avenue. CVBIA advocates for a fair and balanced regulatory environment so that our members can create quality, affordable homes and apartment homes in Virginia Beach and throughout Hampton Roads. Our CEO, Claudia Cotton, spoke at your work session last month. Unfortunately, she had a family emergency and couldn't be here today, but we wanted to repeat our remarks for the record today. Paul Wallace: You already know the Comprehensive Plan is a policy document that serves as a guide for land use decisions, it does not apply to administrative acts such as engineered site plan review or where stormwater is addressed. Rezoning decisions, to our policy decisions regarding appropriate land use for property engineering for development, happen after the policy decisions have been made. At your work session last month, we raised a few questions, and we'd be interested in hearing any feedback you may have received from the staff. They were, "Do we know the capacity of all stormwater system improvements that the bond referendum projects will create?", "Do we know if that capacity will only address current land uses?", "Do we know if the built-out system capacity will address future development under existing zoning?", "Do we know if the built-out system capacity will address future development under the recommended land use in the Comp Plan?" Paul Wallace: If you look at stormwater as a public system or facility, such as road improvements, then rezoning and conditional rezoning requests evaluate impacts to the system. In a traffic impact study, if a rezoning does not add more or even reduces traffic impacts, then improvements are not required, shouldn't this work in a similar way? If a proposed rezoning, or conditional rezoning, does not increase; what would be added to the system under existing zoning conditions? There, effectively, is no impact, and we urge you to recommend against the resolution. Chairman Wall: Okay. Thank you. Are there any questions for Mr. Wallace? Commissioner Weiner: Yeah, I have a question. I want to get this right, and we need to get this right the first time. I like your questions. The one that I like the most is the capacity of the stormwater from the 6 referendum projects. I don't think that can be evaluated yet, could it? There's no way that could be evaluated, but in the future, if your questions were answered, would you have a problem with this going into the Comprehensive Plan? Paul Wallace: I think the issue for us, still, as explained to me, is that we are required to do full stormwater engineering and analysis at the rezone application, not knowing whether we're going to receive the rezoning; it's incredibly expensive, complicated, and time-consuming, and all those things will have to be done, after the rezoning was approved anyway, prior to the plan being completely approved; specifically, what I'm here in opposition to is having this as part of a rezoning application, rather than the overall engineering for any project. Commissioner Weiner: Okay. Thank you. Chairman Wall: Thank you. Madam Clerk: Eddie Bourdon followed by Chris Wood. Eddie Bourdon: Chairman Wall, members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney, and I'm speaking for myself. First of all, certainly, my comments aren't intended in any way to impugn the motives behind this Resolution and anything that we're discussing today. Stormwater and resiliency is a significant issue for our great city, and it certainly deserves all the focus it's getting and will continue to get, and should get. This amendment to the Comp Plan, however, in my view, isn't an appropriate provision to be placed at this time in a long-term, 30,000-foot in the air aspirational view of our city's land-use future, which is precisely the purpose of our Comprehensive Land Use Plan. The City Council can pass ordinances and adopt policies, and they can instruct staff to put those staff through the city manager and put those policies in place that have to be followed. Eddie Burdon: This may be, unfortunately, that, because it may change, ever so slightly, what the policy is or the ordinances, which are all discussed. It doesn't belong in the city's long-term Comprehensive Land Use planning document, at least not at this time. When our great city encountered a major obstacle with the BRAC base closure process a couple of decades ago, great leadership within our city and our region stepped up and patiently, collaboratively, and I'll repeat, deliberatively, and in hindsight extremely successfully, analyzed, worked through, and evaluated the major 7 problems bore down into the weeds that were presented by this BRAC MoU closing Oceana process, over, not only many months, but years. In that process, we as a City didn't act precipitously by amending our Comprehensive Land Use Plan at the onset or even in the middle of that process; we waited until we had figured out how we were going to deal with it. And we amended our Zoning Ordinance, and then, whatever was added to the Comp Plan, to reflect what our Zoning Ordinance had done. Eddie Burdon: Nothing, absolutely nothing, was done in haste. Our City has thousands of developed properties, and especially at the Northern half of the city, worth billions and billions of dollars in areas throughout the city where the public stormwater infrastructure and management infrastructure is at varying capacities, varying quality, developed over decades and decades during different times of policies and interpretations. Based upon the recently adopted assumptions, heavier rainfall, and one and a half feet of sea level rise being two of many. Chairman Wall: Thank you, Mr. Bourdon, your time is up. Commissioner Weiner: Hold on, Mr. Bourdon. Chairman Wall: Mr. Bourdon, hang on one second. Are there any questions? Eddie Burdon: Thank you. Yeah, I'd like to answer the proffer question. Commissioner Weiner: I have a question. Something caught my attention when you said that it shouldn't go into the Comprehensive Plan at this time. Now, we're going through a Comprehensive Plan review this year, is there a time that this should go, or do you think this might go, with proper wording, that this should go into the Comprehensive Plan? Eddie Burdon: Again, we have this policy that everyone's adapting to; the development community has been extremely patient, understanding that the city staff didn't understand these models any more than the consultants and the outside understood these models. And developers have spent tens and tens of thousands of dollars, Mr. Berlin was here, and they ran, he told me, the model about a dozen times on that property of prosperity in General Booth Boulevard, six figures. Everyone's been trying to be patient and work through the process. And this particular aspect has been 8 something that doesn't fit in that collaborative, deliberative process because these models aren't perfect. No one can expect perfect; we don't expect perfect of the consultant community, nor of the city staff, everybody's doing the best they can to put the focus on this problem and work through the modeling because there are problems with it. Eddie Burdon: And again, I'm not impugning anybody's motives. We cherry-pick and put this in a Comp Plan when we don't have it all figured out by a long shot. We don't have a comprehensive process moving forward when we should be trying to bring people together because of the redevelopment, and that's what 90 plus percent of the Northern half of the city, which this applies to, is because it's 90 percent plus developed. That's our opportunity to not have the public component pay to make it better, the development and redevelopment, redevelopment being the word I should have used, that redevelopment is an opportunity to make the system work better as well. And we don't talk about conditional use permits under the Shore Drive overlay, which is most of what you get on Shore Drive, and that's Chesapeake Beach, Ocean Park, where we get the biggest problem. Because of a foot-and-a-half of sea-level rise as everything goes into the river right there at the mouth. Eddie Burdon: I think, truly, everybody's trying to pull the thing in the right direction, but I think this is cherry- picking, and as Mr. Martin said, I think it has the potential, on more than one level, to be a negative and not a positive. And that's why I'm here; I'm not suggesting that all this emphasis isn't necessary. It is necessary. But I think sticking this in the Comprehensive Plan may have unanticipated consequences, and I'm not sure what we think we're accomplishing by putting it in there. And that's my view of it. As we did in BRAC, we have everything that the region, the Navy, everybody was in agreement on, but it took a lot of time, and then we implemented it by ordinance. And then, if it's put in the Comprehensive Plan referencing the ordinance, that makes sense. I'm not saying that mentioning it in the Comprehensive Plan is a problem, but this language, I think, is a problem, certainly at this time. Commissioner Weiner: Right. Okay. Eddie Burdon: Can I answer your proffer question? Commissioner Weiner: Sure. I'd love to hear your opinion. Eddie Burdon: 9 I don't have the same opinion that Mr. Martin does. I believe that the ability to proffer that and to have the applicant that's going to develop the property or redevelop, and redevelop is what this is about, having them put on the record that they understand going in so they don't have to spend a $100,000 dollars before they get zoning. That they're going to have to spend it, once they have zoning, that's not going to change what's required of them. I don't find that to be problematic. Commissioner Weiner: I'm going to go in another direction. What if you get to the end and find out it doesn't work? Eddie Burdon: That's the risk that the applicant takes. Commissioner Weiner: Okay. Okay. Eddie Burdon: But to tell something Mr. Martin talked about, and I don't disagree with him in terms of it has the potential, this I think, does. And again, not by itself but with other things thrown into it to keep people from wanting to come from outside of developing our area, maybe for local developers, maybe it protects it, I don't think so. I think it's going to cause problems for everybody. Eddie Burdon: Potentially, again, potentially, and this is small stuff in that regard, but right now, what you've had to do in this Southern end of the city is you had to be able to prove that you could do it, not come close. And that's why Mr. Berlin had to do it 12 times at six figures, and others had to do the same thing. You shouldn't have to spend that much money to get a chance to see if you can get it rezoned, but if you say you understand it, and you put it in writing, then you take that risk, and you have your eyes wide open. I think the city's protected in that regard, I don't find that to be problematic, and I think that's an important question that you asked. Commissioner Weiner: I don't think it's problematic either. I've talked to the people that I've talked to that don't want to take that chance. Eddie Burdon: Right. But then, they need to go somewhere else. Commissioner Weiner: 10 Sure. I agree. Eddie Burdon: Right, because it's better to do it after you know you have the entitlement, in which case you can make your development smaller if you need to meet the requirements, et cetera. But you're not exposing the city, at that point, by having a development approved for X number of square feet, and you wind up being X minus 40% square feet to make the policy, to make the stormwater work. Commissioner Weiner: Okay. Thank you. Eddie Burdon: Thank you. Chairman Wall: Thank you, Mr. Alcaraz, did you have something? Vice Chair Alcaraz: I think he answered it because I was going to ask you, Mr. Bourdon, I think in the same realm. wanted to ask the engineering, Mr. Martin, but the concern of the potential prospects, if you were to proffer that, being that you're on both sides as an attorney, a land-use attorney, do you see the risk with one side and not the other, or vice versa, with this proffer? Is the deal going to happen or not happen because of the no-impact proffer? Do you see? Eddie Burdon: I do but does the proffer say no-impact? Robert J. Tajan: I think we're blending a couple of things together. Eddie Burdon: Yes. Thank you. Robert J. Tajan: If you were talking only Southern watershed, it would mean that you understand that you would meet all the criteria. 11 Eddie Burdon: Right. Robert J. Tajan: I think Mr. Bourdon has made clear that he doesn't believe that the one that would apply to the Northern part of the city would be appropriate. For the Southern watershed, it would say that they understand that they are required to meet, and they will meet the city stormwater requirements. Eddie Burdon: Yeah. I think that's where we've been doing for the proffers of the Southern part because this hadn't existed in the Northern part. Robert J. Tajan: Yes, sir. Commissioner Weiner: That's right. It is a proffer, though, in the Northern part, right? We do have a proffer? Robert J. Tajan: So this doesn't exist yet in the Northern part of the city. Eddie Burdon: Right. Commissioner Weiner: The proffer doesn't exist yet? Robert J. Tajan: The need, Eddie Burdon: No-impact. Robert J. Tajan: For proffer does not exist yet. 12 Commissioner Weiner: Okay. Robert J. Tajan: I think we're getting blended together with a policy decision on what's required to get through the application process. I think we probably should stick around whether the policy. Commissioner Weiner: In the confidence part. Robert J. Tajan: Is an important part. Eddie Burdon: Well, as Bobby, as Mr. Tajan said, in the Southern part of the city, it's been fine, but again, we don't have this no-impact. If no-impact isn't somehow better defined, and the real problem with this is that it's going to get in the way of redevelopment; that's my biggest point because in the Northern half of the city development is going to be redevelopment. It's not going to be Greenfield development. And it doesn't deal with all of the existing by-rights that people already have and can add on, et cetera. To me, it's too cherry-picked, and we need every piece of property and every property in order to help solve this problem, not just the money at it through infrastructure, which we have to do that too. Thank you. Commissioner Weiner: I'm confused for a second explain this to me. In the stakeholder meetings that I was in, we were talking about the proffer. And the proffer that we were talking about wasn't the Southern watershed. It was the city, the other part, so the proffer is not in place yet for the Northern part of the city, only the Southern watershed? Robert J. Tajan: What we discussed in the stakeholder meeting was a way to simplify the preliminary stormwater analysis review, currently, right now, the preliminary stormwater analysis is only required for discretionary actions in the Southern watershed of the city. Commissioner Weiner: Right. 13 Robert J. Tajan: Which is where it's applying right now. Commissioner Weiner: Mm-hmm (affirmative). Robert J. Tajan: That's a policy decision that staff has moved forward with to allow for the developer to determine whether they want to do the full analysis or provide the simplified analysis; by providing either allowing staff to impose a condition or provide a proffer stating that they'll meet the requirements. Commissioner Weiner: In Southern watershed? Robert J. Tajan: In the Southern watershed. Commissioner Weiner: Okay. Robert J. Tajan: There's no reason to have it in the Northern part of the city because there is no policy for the Northern part of the city. Commissioner Weiner: But if this goes in as a policy in the Comprehensive Plan, then it will be? Robert J. Tajan: Correct. But I think you should separate that portion from the policy discussion. Commissioner Weiner: I understand that. That's not a problem, that's what I was under the impression of, that once this does go into the Comprehensive Plan, the proffer will be in there also. 14 Robert J. Tajan: It'll be an option for the developer to provide that. Commissioner Weiner: So it will be in there? Robert J. Tajan: Yes. Commissioner Weiner: Okay. I understand that. Okay, I'm so sorry. I'm good, I'm not confused. Chairman Wall: Okay. Commissioner Frankenfield: Cherry-picking. I can't pick the proffer alone and not the rest of the amendment, right? In fact, the proffer's not even in here. Robert J. Tajan: Correct. What the Planning Commission is considering is the change to the Comprehensive Plan, stating what is required for discretionary applications in the rest of the city. Chairman Wall: Okay. Madam Clerk. Madam Clerk: We have one final speaker. Chris Wood. Chris Wood: Good afternoon. Chairman Wall: Mr. Wood, you've got three minutes. Chris Wood: 15 Thank you. Chairman Wall: Please state your name for the record. Chris Wood: Sure. My name is Chris Wood. I work for McClesky Associates, a local real estate management company. I wanted to say I appreciate the opportunity. I oppose the proposed change in the city's Comp Plan. The Comp Plan stated today is meant to be a guide for the future development, aspirational development, of our city. And it's not meant to be a technical bulletin. The Comp Plan doesn't specify setbacks, the number of parking spots, or what type of plants need to be planted, all of that is handled expertly and professionally by our staff. And they do a great job. Chris Wood: I would suggest that, like those other things, we let the staff do their job. There is simply no need for this proposed change, as Mr. Bourdon and Mr. Martin said. No projects are going to be approved without meeting Virginia Beach's stringent stormwater requirements, so nothing's going to change; this change will simply make it more difficult to do business in Virginia Beach. And I think we all know that's something that we're all trying to work on, to continue to get people to reinvest and come to Virginia Beach. As Mr. Martin said, there will always be some impact, no matter what the project is, in redevelopment or development; it's going to always have some impact. To say no-impact is not practical. I would simply ask that you guys vote against this proposal. Chairman Wall: Okay. All right. Thank you. Chris Wood: Thank you. Chairman Wall: Hang on one second. Are there any questions for Mr. Wood? Chairman Wall: Okay. Thank you. Chris Wood: Thank you. 16 Madam Clerk: No more speakers. Chairman Wall: All right. Mr. Tajan, do you have anything to rebuttal? Robert J. Tajan: No, I don't believe that's appropriate for this discussion. Chairman Wall: Okay. Robert J. Tajan: I believe the deliberation with the Planning Commission is the appropriate next step. Chairman Wall: All right. Thank you. Okay. With that, I'll close it for comment and open it up for a discussion among the planning commissioners, would anybody like to start? Commissioner Weiner: I will. I think y'all know where I'm going with this. I'm not going to support this for a number of different reasons. Commissioner Weiner: If this goes into the Comprehensive Plan, there's not going to be any change to what's happening now; staff does their job. They're going to do their job. They're doing great at it. Luckily, I was part of the stakeholders, and I got to listen to quite a few people talk on this. Again, we didn't get into the Comprehensive Plan, but listening to the procedural of the stormwater and how they're going about it, it was very interesting. Commissioner Weiner: And they had everything great to say about staff; they thought staff is doing a good job, and they are doing a good job, they have a hard job. And our city has more requirements than probably any other city around. And we're very stringent on that. I don't believe the technical document needs to be a planning document. There's no reason for that. I've got to say, I talked to 10 different groups on the referendum and explained to them why we need to pass this referendum. And not one time did I talk about putting this in the Comprehensive Plan because I'll tell you the truth, I didn't know about it. I didn't know this was going to go into the 17 Comprehensive Plan. And I have a funny feeling that 73 percent of the citizens of Virginia Beach who voted for this, probably five percent, knew it was going into the Comprehensive Plan. So I have no problem. I'm not going to support this. Chairman Wall: Anyone else? Commissioner Frankenfield: Oh, what the heck. I pretty much agree with Mr. Weiner. I think it's a detailed regulatory requirement masquerading in a policy document. I think it's redundant. It's unnecessary, and it sends the wrong message to the people trying to do development in Virginia Beach. And the reality is staff will not approve the project if it doesn't meet the requirements, period. And the perception is that not, there is a thought that I hear from people that, oh, well, the right people will get it approved, blah, blah, blah. The reality is that if you don't meet the requirements, you don't get approved. Your only choice may be to reduce the size of your project. So that's your choice. And so, I guarantee the Planning Director has never approved more units than were approved by City Council. Anyway, so I do not support this amendment also. Chairman Wall: Okay. Mr. Bradley? Commissioner Bradley: Well, I think I'm going to go in a different direction. The concern I have is when Council adopted the Ordinance, and it was unanimously adopted in September, this is the language that was used, "City Council urges the residents to carefully consider the issue of flood mitigation and plan to vote in November to assist the residents' deliberations. The City Council makes the following commitments with the exception of number four," which is another issue, "will be delivered within three weeks." And I know that didn't happen upon approval. I feel this is a public trust issue. In the way the referendum was set up, the Council is the elected officials of our City, they felt that this was an important commitment to make ahead of the referendum. And I know when it hit us in November, it was new. I didn't understand it at the time. I think we needed more information. Council sent it back to us to get public input, we've had six speakers, I think, counting the two last week or last month. I'm going to support the resolution in front of us. Chairman Wall: Anyone else? Thank you. Commissioner Oliver: I'll go. I know when the Comp Plan came around a few years ago, most of us here, were involved in it. The Comprehensive Plan is a guideline. It's a policy document book that outlines 18 how we would like to see the city grow in different areas. And it doesn't address specifics and or requirements for development or redevelopment. That's left to our qualified departments and our city staff in order for them to make those judgments. Commissioner Oliver: This doesn't have any place in our Comprehensive Plan whatsoever, nor do we address anything like this in our Comprehensive Plan, and to put it in there is a wrong move, and I'm not going to support it. I'm not quite sure why it's in front of us to do this. I think that, as Mr. Bourdon, Mr. Martin, and Mr. Wood all addressed, the majority of the rest of our city is redevelopment. We don't have any green land left, and each of those pieces of property, on their own basis, should be addressed for stormwater, but that's a whole nother conversation, this is for the Comprehensive Plan, and this, at this point, does not belong in this particular document. Chairman Wall: Okay. Thanks. Anyone else? Holly Cuellar: Yeah. I wanted to comment, as well, that given that we are going through the process of a comprehensive review, we are going through the process of a comprehensive review that we do have this responsibility that it would be to our advantage, to hear from more stakeholders and to see where we want to be with Vision 2040, rather than Comprehensive Plan 2016. And by no means, I now will concur with my colleagues. Do we want to create a more arduous or an over regulatory process that's going to inhibit the growth of our city? Chairman Wall: Okay, thank you. All right. Donald H. Horsley: I'm not doing much talking today, a little hoarse, but I've been involved in the revision of several comp plans over my 10 year own planning commission. And I don't think we've ever put them in with specifics, like in this, in the Comp Plan, as Dee said, the Comp Plan is more of a guideline for us to go by. And then, they reference ordinances that we have in the comp plan for development to go by. And I just don't think it's the place for put this type of a resolution together and put it in the comp plan. Thank you. Chairman Wall: Okay. All right. 19 Commissioner Frankenfield: Can I ask the city attorney something? May I? Chairman Wall: Sure you can. Commissioner Frankenfield: So, the ordinance commits that the City Council will put an amendment in the City's Comprehensive Plan. You're not recommending denial, but it does not have the same language, no impact that is in the actual amendment. So it seems like the amendment is perhaps a little more strict than what was promised by City Council. Yes? Is that a yes? Kay Wilson: No, it is not the same language. No. Commissioner Frankenfield: Right. Kay Wilson: Because some of the language that was there was not language that should have been put in the comp plan. Commissioner Frankenfield: Well, I agree with that. Kay Wilson: And so, we have interpreted the language and Mr. Tajan may wish to speak to that. Robert J. Tajan: Yes. So having spoken with the council liaisons at the Friday work group meetings, the language here that Mr. Frankenfield's discussing is where it talks about any project or development that generates a net increase in water discharge demand in any watershed or in any drainage system in watershed over the capacity of net margin to meet the model discharge baseline of the drainage system at build out. So it was a little confusing. So we tried to distill it down to the language that we had. We did show it to the two council liaisons that were part of that group and they agreed that the language from that meant what we wrote in this proposal. Chairman Wall: 20 Okay. Thank you. My thoughts are that I think the motives are correct and I think that it certainly brings attention to storm water management and flood risk management. It was pushed down back to us, we made a decision previously, and it's been pushed back to us to evaluate and receive public input. And I think the input that we received was generally negative concerning today, and then the workshop or the public hearing that we had previously. So, I think there are risks to areas that we would like to redevelop, risks that they're not redeveloped. And so, for those reasons, I'm not going to support it either. So Madam Clerk. Oh, no. Do we have a motion? Mr. Weiner: Chairman, I'll make a motion to deny the application. Chairman Wall: Okay. All right, we have a motion by Mr. Weiner. Do we have second? Mr. Horsley: I'll second it. Chairman Wall: Okay. We have a second by I heard Mr. Horsley. Madam Clerk: Oh, Mr. Horsley. Okay. Chairman Wall: Now, Madam Clerk? Madam Clerk: Okay. The motion is for denial and vote is open. Chairman Wall: Okay, one thing. Are there any abstentions? Sorry. Commissioner Frankenfield: I have a question. If it's for denial and I vote, I ... Madam Clerk: For denial. 21 Mr. Frankenfield: Denies, okay. Got you. Sorry. Madam Clerk: By recorded vote of seven in favor and two against the motion for denial. Agenda item number one has been recommended for denial. AYE 7 NAY 2 ABS 0 ABSENT 2 Alcaraz AYE Bradley NAY Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Klein NAY Oliver AYE Redmond ABSENT Wall AYE Weiner AYE 22 Virginia Beach Planning Commission November 10, 2021 Public Meeting Agenda Item # 1 City of Virginia Beach, a Resolution to amend the City of Virginia Beach Comprehensive Plan 2016 to address the citywide stormwater impacts for discretionary land use applications. RECOMMENDED FOR DENIAL— HEARD Madam Clerk: Thank you, Mr. Chair. Our first agenda item is agenda item number one, City of Virginia Beach, a resolution to amend the City of Virginia Beach Comprehensive Plan 2016 to address city-wide stormwater impacts for discretionary land use applications. David Weiner: Welcome. Ms. Bookholt: Thank you. Good afternoon, Commissioners. I'm Carrie Bookholt. I'm the Development Services Center Administrator, and I'm here to bring forward a proposed amendment to the Comprehensive Plan, which is necessary to fulfil the components of the recently passed City Council Resolution and Bond Referendum. On September 7th, City Council passed a Resolution that stated should the Bond Referendum pass, the Comprehensive Plan would be revised or amended within three weeks to include language that would essentially require projects that come before you for a discretionary request, not create an impact or increase demand in the stormwater system. Our staff report proposes the language that we would like to amend the Comprehensive Plan, and it states that based on the Resolution by City Council, all rezonings and conditional rezonings should demonstrate no impact on current or future in stormwater infrastructure, and must provide a stormwater analysis, demonstrating this has no impact as part of their Planning Commission application process. The amendment also removes any reference to the Integrated Site Design Guide which is a policy document that was not adopted by City Council and is not in place at this time. The Planning Department and Public Works Department have been hosting a series of storm water workshops with a focus group to include CVBIA, which was the former TBA group, consulting engineers, developers, and two City Council liaisons. And this amendment was discussed at length in those meetings, it was decided that the amendment would only apply to rezonings or conditional rezonings. The City Council staff liaisons were comfortable and staff was comfortable that should a proffer be volunteered for a conditional rezoning project, that a less intense storm water design, preliminary design, could be submitted through our office before receiving a positive recommendation. So with that, we had to act quite quickly. The resolution that was passed in September, only gave us three weeks to get this before you and to City Council, should the bond referendum pass and it did. So even with us being on the agenda for December 7th for City Council, we're a week behind, but we had to act quickly. We did propose, I do want to reiterate, we sent our proposed language to our stakeholder group, including CVBIA. We received one minor comment back. We amended the proposed language to include their comment. And then we received reassurance that they were on board with the proposed language that we presented in our staff report today. Any questions? 1 David Weiner: Mr. Redmond? Dave Redmond: Who gave you that reassurance? I have to tell you I've heard quite otherwise. Ms. Bookholt: So, Claudia Cotton is the representative that we've been communicating with, as the representative for CVBIA. Dave Redmond: Okay, well,just so you know, I got a telephone call right after our informal meeting saying, meant to call you earlier about this, but we were very uncomfortable with the speed at which this is moving and feel like this process has been somewhat disingenuous. There are folks who are part of that stakeholder group, that you describe, that don't feel that this has been entirely proper and that it is moving too fast and that they were surprised by the language that I think we were surprised by. So I don't mean to criticize you, but I think the suggestion that everything is copacetic with regard to, that the stakeholder group, which I don't know, other than the person who called me, I don't know anybody who was on it. Nobody from the Planning Commission, I understand, was on it. I think, I have been told something quite different than that and this very morning. So, that gives me great pause and I'm sure that City Council will be hearing comments to that effect. So, certainly is going to, well, we're going to get into this discussion here shortly, but I just wanted to put that on the record. It's not comfortable for me to do it, but that's what I'm hearing and people reaching out to me saying just that. Ms. Bookholt: Understood. Dave Redmond: Thank you, Mr. Chairman. David Weiner: Yes, ma'am? Madam Clerk: We have one speaker... David Weiner: Yes, ma'am. Okay. Anybody with the comments? Dee Oliver: No, I mean, other than, and I guess I can wait for close, but just to reiterate what had stated earlier this morning,just so that we do have it on the record, so to speak. And again, appreciate all your time and effort presenting all of this and your work on it. But the stakeholder meetings that I think and correct me if I'm mistaken, that you'd said that were weekly for about a month, it's unfortunate that the Planning Commission had not been included in those for something that's getting ready to be put into the Comprehensive Plan, which is something that we haven't seen in three years. Not to mention that along with that, there's a Resolution that was put forth and I'm not quite sure, I haven't been briefed, or I don't know who on the Commission has in more, in-depth of where that resolution that came from one of our council members, I believe it was Mr. Moss. How that speaks to this. And are they still two separate or have they been in integrated because the wording in that was completely different than the wording in this. So, I stand along with Commissioner Redmond on that, that it gives me great pause because I have been in many other board meetings with the same stakeholders and those same people have not expressed thumbs up on this, by any stretch of imagination. So 2 would like more time to be briefed on this, so that we have a better understanding of where we are. Because this is extremely important, as we all know going forward. Ms. Bookholt: And I should clarify that, when I say that we had consensus, it wasn't, as it relates to the Resolution. The Resolution with the language that was included was done at City Council level on September 7th. So the consensus that we achieved last week, via email, as we were passing the language back and forth was the language that's proposed for the Comprehensive Plan. So they're very, well maybe some folks that aren't on board with the Resolution language, but that has already been passed. Dee Oliver: Right. And so it's just a little not, I'd like to see it a little more straightforward. I'd like to see everything, basically, is when it comes down to it. But again, I appreciate all your effort and hard work. David Weiner: So I have a question. So the language in that we have here compared to the language that was in the Resolution, put that together for us? Ms. Bookholt: So the language in the Resolution was written a little bit looser. And so we met with the Council liaisons. We met with Councilman Moss to talk about what that would look like in practice. And in practice, we discussed applying a preliminary storm water analysis requirement to conditional rezonings, or rezonings only, instead of all discretionary applications, since it's those two types of applications that could change the land cover characteristics the most. And it was through those discussions as well, that they agreed that they would be open to a less intense preliminary analysis. And essentially just reiterating that we would not be creating any impact or any demand, that if the City is going to spend half a billion dollars on flood protection projects, that we don't want to rezone out that capacity of the system. David Weiner: And I got another question. Why did it have to be... Not putting you on the spot or anything, but why did it have to be three weeks? There was a reason why it had to be three weeks after the referendum question? Ms. Bookholt: That I do not know. That's how it was written in the City Council's Resolution. I'm not sure if the attorney has any other... Ms. Wilson: I have no insight. David Weiner: No. Okay. And I'm just curious... Ms. Bookholt: That's how it came down to us. David Weiner: As Mr. Redmond said earlier today, I mean, that's like three seconds or whatever, however you put it. It's crazy to me it's quick. Okay. All right. Just that's good. Yeah, we have one speaker. Michael A. Inman: I got plenty to say. 3 Madam Clerk: Eddie Bourdon David Weiner: Welcome, Mr. Bourdon. Eddie Bourdon: Thank you, Mr. Chairman. For the record, Eddie Bourdon, Virginia Beach attorney, land attorney, been practicing in Virginia Beach for 37 years. First of all, I was at the City Council meeting when this Resolution was adopted, but there was no opportunity for anybody to discuss. And frankly, couldn't be more ecstatic and proud of our City for having approved the referendum 70% plus. And I frankly don't think anybody at that point who cares about the future of the Virginia Beach was going to stand up and start asking questions about what they were doing. So, but this is a different circumstance. This is a deliberative body that is here for the purpose of the Comprehensive Plan. I didn't know anything about these meetings every Friday, either. I obviously know they didn't include anybody on the Planning Commission and, some of this, I'm not opposed to it, but I'm definitely concerned about, there hasn't been enough deliberation and enough input from people who might have a little bit of, and I'm not suggesting that Councilman Moss or Councilman Jones don't, but this has been half baked. The northern part of the City, which is what this applies to, is 95% developed. And there's hardly any zoning up there that's agriculture. And so the idea that we're going to have, well, and let me back up before I get into that, rezonings. Not conditional rezonings, rezonings. No one's done an analysis of the rezonings that have come forward in the last five or 10 years, because I can assure you that there have been almost none and those that have come, they're typically down zonings of already developed properties. So, but I don't understand why we put rezonings in there because if you're going to, to create, I think, Carrie used the word drastically, or even significantly increase impervious surface with a rezoning, I don't think there's been any of those. Now with a conditional rezoning, that's conceivable. Certainly is a case in the southern part of the city, middle part of the city. But I don't think there's been a lot of, I mean any analysis of what the impact of this, basically a moratorium on rezonings might be. And I certainly, I'm not opposed to the idea, although we have to do this anyway. I mean, the site plans got to be done anyway. So you're basically telling somebody who might have a very... And let me back up, Hackers today. And there's another one that recent, oh, Pembroke Mall. They don't have to worry about this because they're reducing their impervious surface by 10%. And that takes it out, you don't have to worry about that. If that came along today, I don't know that that's covered in here, maybe it is. I'm not sure that it is, but they don't have to comply because they're reducing by 10% their impervious surface. So, and you got all these other people who can add on to stuff that's already zoned and they have to do the same thing, go through of the site plan and still comply. So it's like, we're adding an extra layer of handcuffing or because you got to come in and if you want to rezone your property and you don't want to spend thousands of dollars before you can even get here, you have to say, well, we will meet the requirements. Well the word no, is important, no impact. Well, these models are not meant for going in the weeds to that point. And I went on today's agenda, it's taken us a year and a half. And I'll explain that when we get to Atlantic Development, we don't get any credit for saving 89 acres of tree forested land. No, no, at all. And we can't have one 100th of an inch, which isn't even measurable, leave the property. Okay. So no, and if there's not at least the tiniest amount of discretion on the part of our professional staff, we are basically saying we're not open for business and that's what I'm concerned about. And I think there's some ways that this can be, at least, come across as being less prohibitive and more balanced. 4 David Weiner: Does anybody have any questions for Mr. Bourdon? Any questions? Eddie Bourdon: Thank you. David Weiner: Thank you, sir. Appreciate it. Well, I guess we can just close this and get right into it with us. We'll close it and start comments. Who's going first? Mr. Inman. Michael Inman: Well, as I said, in the informal session, we are taking this on, with virtually no notice. This is the Comprehensive Plan amendment. This is a big deal, but we all know that. The intent of what is going on in this Comprehensive Plan amendment is good. I mean, we all are, we're very aware of the storm management issue. We all want City of Virginia Beach to be open for business. It's getting a reputation of not being open for business, part because of our storm water management implementation. So, it's really important to get this right. And here we've had no invitation to, as a body, to participate in all these deliberations that have taken place. No idea that they were going on, even through a public, we weren't advised that we could even go attend. A Resolution was passed in September by City Council to move forward with this Comprehensive Plan amendment, as I'm understanding it. But not until the referendum passed, if it passed, which thankfully it did. Okay. So then we got three weeks. Who thought of that? I don't know. I mean, it's in the operation of a municipality, the size of Virginia Beach. Making a storm water decision in three weeks seems preposterous to me. I know we're in a hurry. I know it's important. So, we didn't know about the Resolution. We got the language late last week in our package to study and without any real background and the intent is good, but the devil is in the details, we all know that. It's a legal document, it's a Comprehensive Plan. So can't imagine how we could... I would not be able to vote in favor of it today. David Weiner: Mr. Redmond? Dave Redmond: Well, a little bit different from what Mike said. The thing that I struggle with here is I think you're exactly right. And I hate to have to say it, but this City is getting a reputation for not being open for a business, in a lot of different ways. And that I think is probably a conversation where you need to have it. I know we are having it at some levels, but we need to have a bigger one. And this is part of it. But the notion that there is a process for amending the Comprehensive Plan. Now I get that City Council calls the shots around here. No disputing that, right? This is their prerogative, I understand that. The City Council can certainly amend their three week deadline for figuring this out. As I said this morning in the informal session, we're not going to spend 568 million bucks in the next three weeks. All of these projects have an enormous amount of engineering to be done, before they get underway still. And so I just don't understand the rush involved in that. And just today, somebody who was supposedly involved in these discussions, they feel like it has been all together too rushed. So I'm not offended that the Planning Commission isn't involved in a panel or a discussion or something like that. I certainly think that probably would've been preferable, but I mean you don't want to include us. I'm not going to feel like I didn't get invited to prom or something, but still think like Mike does, that this really could have been done a lot better. And if you've got them with a Comprehensive Plan, there's a process to do that, that's much more deliberative than this. This is the bums rush, trying to do something much more quickly than it needs to be done. And stuff doesn't get done right that way. And so that's my concern about it as well. So, 5 think, I would, in Mike's camp as I often am, but I'm in Mike's camp, that I'm not comfortable supporting this today. If you only got two choices, yes and no. I'm a no, for those reasons. So it doesn't make sense, Ms. Wilson, and I respect her too. Ms. Wilson says it doesn't make sense to defer it, in which case we got one or two choices. And I'm just not able, frankly, with those concerns to be able to support it. Thank you. David Weiner: Mr. Graham? Whitney Graham: I agree with my fellow Planning Commissioners. I, too, will not support this. just feel like it was too rushed. I hear all the time that from other developers that feel that City of Virginia Beach is difficult to do business in. The storm water models, it takes forever. You do model after model after model, it's very expensive. It's not just submitting a storm water model. There's back and forth, back and forth, back and forth. And it's expensive. And I'm concerned that it's going to really shut down any redevelopment in the city. I just don't think it was well thought out. And I feel like it's too rushed and I will not support this. David Weiner: Ms. Bradley? David Bradley: I got a question for Ms. Bookholt, if it's okay. David Weiner: Sure. She doesn't mind coming back up, do you? David Bradley: So just, obviously, 70 plus percent of the voters approved it. So, this is an important issue to our citizens. And I was talking to you a little bit after the informal. So, in the southern part of the city, this process already exists. In the northern part of the city, this is where this would be implemented. But as the previous speaker said, there's probably not much opportunity because it's already fully developed. And I guess, maybe my question is, when you get to site development review, is anything changing because of this? Because that's where think the rubber really hits the road on implementation of these things. Ms. Bookholt: Right. The same type of analysis is still required at a site plan level. The type of analysis is not going to change. The only thing that would change is that for projects, if you came across a property where there was capacity in our existing storm water system, which is rare to find, in that case, you would not be able to increase the flooding levels. So, the same process is still going to exist. The only thing that would change is that you would have to hold to that same exact... David Bradley: Meaning, you have to be able to show that you have no impact on storm water for your individual... Ms. Bookholt: From your individual project. You haven't increased the demand leaving into our public system from your project. So that'll be required. Yes. David Bradley: Thank you. 6 David Weiner: Wait here. I don't think personally, we don't really have a... There's a little bit of an issue of how the process is, but I think more than anything, we're just trying to rush this through and we've never rushed anything through before on a Comprehensive Plan, because this is something we take our time and look at and vette and talk to people and things like that. But one question I wanted to ask you, last speaker said about the 10% pervious and they didn't have to worry... What do they... When it's 10%, they're taking away 10% of pervious parking, what does that do? Ms. Bookholt: So, that they can satisfy certain storm water requirements by reducing their impervious cover. And even if projects moving forward, if this were to, if the Comprehensive Plan is to be amended, if you reduce the impervious cover on your site, your analysis is much less complicated, and you can satisfy your storm water requirements by providing a reduction in impervious cover. David Weiner: Okay. So that didn't change at all? Ms. Bookholt: No. David Weiner: Okay. Just want to make sure. Ms. Bookholt: Yes. David Weiner: Any other questions for? Okay. Thank you, ma'am. Ms. Bookholt: Thank you. David Weiner: Any other questions or concerns or talk? So, I'm torn, I'm really upset of the fact that we're rushing this through, but the Ordinance already been passed by Council. It's some stuff we already do anyway. I don't think that's the issue. I just don't like the part that it's rushing through. I don't like that. And I think we need to sit back and look on it. So, I'm not going to support it either. So anybody wants to make a motion. Somebody? Michael Inman: I'll make a motion. David Weiner: Okay. Make a motion. Michael Inman: I make a motion that we turn down the Resolution to amend the Comprehensive Plan on item number one. David Weiner: Right. You have a motion. Have a second? Whitney Graham: I'll second. David Weiner: Right. We have a motion by Mr. Inman, a second by Mr. Graham. 7 Madam Clerk: Okay. The motion is to deny. Vote is open. By recorded vote of 11 in favor and zero against, agenda item number one has been denied, recommended for denial. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 8 rS U.14'y!'-• i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE PERTAINING TO SETBACKS FOR IN-GROUND POOLS ADJACENT TO THE ATLANTIC OCEAN MEETING DATE: May 3, 2022 • Background: Staff requested an indefinite deferral of this request on July 21, 2020 to coordinate the amendment change with the Department of Public Works and any potential conflicts with the federally installed Seawall Flood Protection Project. The North End of Virginia Beach consists predominately of two residential zoning districts, the R-5R and the R-7.5. Properties located north of 49th Street are zoned R-5R Residential District and included in the North End Overlay. Several years ago, an amendment to the Zoning Ordinance was adopted that impacted the setback for in-ground pools adjacent to the Atlantic Ocean for these properties, reducing the setback from 20 feet to five feet. This amendment addresses the remaining oceanfront properties between 42nd and 49th Street that are zoned R- 7.5 Residential District. This amendment extends the relief in the setback for in- ground pools adjacent to the Atlantic Ocean from 20 feet to five (5) feet. • Considerations: The lots between 42nd and 49th Streets were platted in the 1920's. When the plats were put to record, there was a public right-of-way that extended along the eastern edge of the neighborhood, between the eastern most properties and the Atlantic Ocean. This right-of-way, "Atlantic Avenue/Boulevard", still exists though it has never been improved. Additionally, to protect the shoreline, a concrete retaining seawall was constructed; therefore, the existing right-of-way is visually separated from the public beach and appears to be part of the adjacent properties' rear yards. When this wall was constructed, an agreement was entered into with the property owners that the area could be used by them; however, no structures could be constructed in that area. The area is actually fill material that is crucial to the functioning of the seawall. Although oceanfront lots commonly have in-ground pools, in the case of the oceanfront lots between 42nd and 49th Streets, because the unimproved street encompasses a large portion of their perceived rear yard, little room is left for the installation of an in-ground pool and Board of Zoning Appeals variances are often sought. This amendment would reduce the setback to five feet for in-ground pools, therefore making installation more practical and reducing the number of variance requests, but requiring the applicant to seek City of Virginia Beach - Setbacks for in-ground pools Page 2 of 2 confirmation from the United States Army Corps of Engineers (USACE) that the seawall will not be undermined by the in-ground pool unless it is determined by the Director of Public Works or his designee that the pool is outside of the USACE area of jurisdiction. In most cases, the edge of the in-ground pool would still remain 20 to 30 feet from the edge of the seawall with the reduced setback proposed in this amendment. It should be noted that the pool or any accompanying structure cannot be located within public right-of-way. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE TO AMEND SECTION 201 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SETBACKS FOR AN 4 INGROUND POOL ADJACENT TO THE 5 ATLANTIC OCEAN 6 7 Section Amended: § 201 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 201 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 201. - Yards. 20 21 (a) General. All required yards shall be unobstructed by any structure or other 22 improvement which exceeds sixteen (16) inches in height as measured from ground 23 elevation; provided, however, the following improvements may be located in a yard: 24 25 (1) In-ground swimming pools, jacuzzis, hot tubs or similar structures may extend 26 to within five (5) feet of any side or rear property line, provided however, that no 27 in-ground swimming pool, jacuzzis, hot tubs or similar structures shall extend 28 into any required yard adjacent to a street, except that swimming pools, 29 jacuzzis, hot tubs or similar structures may be located no closer than twenty 30 (20) feet to any property line to the rear of any principal structure on a through 31 lot. 32 33 (2) Notwithstanding any contrary provision of this ordinance, in-ground swimming 34 pools, jacuzzis, hot tubs or similar structures located on property in the R-5R 35 Residential Resort District and R-7.5 residential District adjacent to the public 36 beach of the Atlantic Ocean shall be set back no less than five (5) feet from the 37 property line adjacent to the beach. For purposes of this section, "beach" shall 38 include any bulkheaded area and filled area behind the bulkhead contiguous to, 39 and any unimproved public right-of-way within, the sandy beach. Unless 40 waived by the Director of Public Works or their designee, any such in-ground 41 swimming pool, jacuzzis, hot tubs or similar structure located within twenty-five 42 (25) feet of the publicly owned seawall shall require Section 408 permission 43 from the United States Army Corps of Engineers (USCOE). 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 2022. 1 47 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1,Z4 1 b)(1 .00-yJ Planning epa 1ment City Attorney's Office CA15039 R-2 February 24, 2022 2 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing June 10, 2020 In-ground Pool Setbacks 8 ./B Virginia Beach Request An Ordinance to amend Section 201 of the City Zoning Ordinance pertaining to setbacks for in-ground pools adjacent to the Atlantic Ocean. Summary of Request The North End Area of Virginia Beach consists predominately of two residential zoning districts,the R-5R and the R-7.5. Properties located north of 49th street are zoned R-5R and included in the North End Overlay. These properties permit a higher density development, including duplex dwellings or two single-family homes on one lot. The properties located between 42"d Street and 49th Street are zoned R-7.5 and only permit for the development of one single-family home on each lot. Several years ago an amendment to the Zoning Ordinance was adopted that impacted the setback for in-ground pools adjacent to the Atlantic Ocean, reducing the setback from twenty (20)feet to five feet. This amendment addressed only the oceanfront properties zoned R-5R, or as described above, north of 49th Street.This amendment extends the relief in the setback for in-ground pools adjacent to the Ocean for the properties zoned R-7.5 and located between 42"d and 49th Streets. The neighborhoods between 42"d and 49th Streets, "Hollies on the Atlantic" and "Cavalier Shores,"were platted in the 1920's.When they were put to record,there was a public right-of-way that extended along the eastern edge of the neighborhood, between the eastern most properties and the Atlantic Ocean.This right-of-way, "Atlantic Avenue",still exists though it has never been improved. Additionally,to protect the shoreline, a concrete retaining sea wall was constructed, therefore the existing right-of-way is visually separated from the public beach and appears to be part of the adjacent property's rear yards. When this wall was constructed, an agreement was entered into with the property owners that the area could be used by them; however, no structures could be constructed in that area. Section 201 (a)(1) of the Zoning Ordinance identifies that in-ground pools have a twenty (20)foot setback from any rear property line adjacent to a street.Although oceanfront lots commonly have in-ground pools, in the case of the oceanfront lots between 42"d and 49th Streets, because the unimproved street encompasses a large portion of their perceived rear yard, little room is left for the installation of an in-ground pool and Board of Zoning Appeals variances are often sought.This amendment would reduce the setback to five feet for in-ground pools,therefore making installation more practical and reducing the number of variance requests. In most cases,the edge of the in-ground pool would still remain twenty(20)to thirty (30)feet from the edge of the sea wall. It should be noted that the pool or any accompanying structure cannot be located within right-of-way. City of Virginia Beach Agenda Item 8 Page 1 Recommendation Staff recommends approval of this Ordinance.This amendment would create a consistent rear yard setback for in- ground pools for all oceanfront properties in the North End of Virginia Beach. Additionally,the change would limit the number of variance requests that were being considered and all approved by the Board of Zoning Appeals. Although "Atlantic Avenue" still exists between the Atlantic Ocean and the oceanfront properties,the right-of-way will never be improved. Construction of the sea wall further restricted the right-of-way from any access by the public, and therefore reducing the setback requirement is not expected to have any detrimental impact on the community, adjacent property owners, or people using the beach. City of Virginia Beach Agenda Item 8 Page 2 Items#8. City of Virginia Beach June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2,3,4,5,7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19,20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say,no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. 2 Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER APPEAL BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY 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/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 TCheliusgvbgov.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/vbgov/onstage/g.php?MTID=e6acc7b5067b74d9dd3b9ba60393 c54f7 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 3, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/19/2022 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T I 0 C A DNC O M O O L O C N Y L ONOUW S HCEEME S S EQE I H R YBS S ERNN CITY MANAGER'S BRIEFING A. HYBRID STEP-OPEN RANGE PAY Regina Hilliard, OPTION Director—Human Resources B. FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) I. VIRGINIA BEACH CITY PUBLIC Dr.Aaron Spence, SCHOOLS Superintendent 2. AGRICULTURE David Trimmer, Director 3. AQUARIUM Cynthia Whitbred- Spanoulis,Director 4. HUMAN SERVICES Aileen Smith, Director 5. CONVENTION&VISITOR'S Nancy Heiman, BUREAU/RESORT MANAGEMENT Director OFFICE Lisa Bleakley,Resort Administrator 6. ECONOMIC DEVELOPMENT RESCHEDULED OPERATING AND CIP II.-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y A-E F. MINUTES 1. INFORMAL and FORMAL SESSION APPROVED 10-0 YYYYY YYA Y Y Y April 5,2022 A 2. SPECIAL SESSION APPROVED 9-0 Y Y Y Y Y YBA Y Y Y April 12,2022 S T A N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/19/2022 PAGE: 2 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E I. J R T I O C A DNC OMOOL O C N Y L ONOUWS T HCEENIE S S E O , E IHR YBS SERNN G. MAYOR'S PRESENTATIONS 1. 60`"ANNIVERSARY AWARDS Dorothy"Dot"L.Wood Floyd Waterfield,Jr. 2. AUTISM AWARENESS MONTH RESOLUTION Tyler Williamson, Executive Director — Families of Autistic Children of Tidewater (FACT) Alfred Howard, LCSW — Autism Society of Tidewater 3. FAIR HOUSING MONTH PROCLAMATION Ruth D. Hill, Director — Housing and Neighborhood Preservation H. PUBLIC HEARING 1. LEASES OF CITY PROPERTY 1 SPEAKER 25.6 +/- acres located off Landstown Road adjacent to the Virginia Beach National Golf Course 2. DECLARE AND SALE OF EXCESS CITY 3 SPEAKERS PROPERTY 20,000 +/- sq. ft. located at 217 Sandbridge Road 23,000 +/- sq. ft. located at 2548 Sandfiddler Road 27,000+/-sq.ft.portion of sandy beach 3. ELECTION POLLING PRECINCT 1 SPEAKER LOCATION CHANGE FOR JUNE ELECTION Central Absentee Precinct to 577 Central Drive J.1. Ordinance to AUTHORIZE the City Manager ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y to EXECUTE a lease for 25.6+/-acres of City- Owned property located off Landstown Road for up to five (5) years with Dawley Family Farms,LLC J.2. Ordinance to DECLARE easements under the ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y sandy beach and continue to the northern parking lot at the Sandbridge Market in EXCESS of the City's needs and AUTHORIZE the sale of the easements to Globalinx Data Center, LLC re offshore data cable landing site J.3. Ordinance to DECLARE the properties located ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y at 108 Lavergne Lane, 108 Air Station Drive CONSENT and 112 Air Station Drive to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the properties to the adjoining property owners CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/19/2022 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W �' U R E L J R T I O C A DNC OMO 0 L O C N Y L ON 0 U W S T H C E E ME S S E 0 E I H R Y B S S ERNN J.4. Ordinances to AMEND City Code Sections: a. 10-1 re relocate the Central Absentee Precinct ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y for the June 2022 Primary Election to 577 CONSENT Central Drive and to ADD Section 10-1.2 re office location of Voter Registrar lin-person absentee voting to continue at the Municipal Center location, but mailing and processing of ballots to occur at 577 Central Drivel b. 21-351, 21-352, 21-353, and 21-354 re ADOPTED,AS 10-0 Y Y Y Y Y Y Y A Y Y Y residential parking permits AMENDED c. 6-30 re fishing on beach during resort season DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y Y at Little Island Park MAY 17,2022 J.5. Ordinances to APPROVE and ADOPT a City Council Revised Policy: a. re speakers at City Council Meetings ADOPTED 9-1 Y Y Y Y Y Y Y A Y Y N (Requested by Mayor Dyer,Vice Mayor Wilson, Council Members Berlucchi, Branch, Henley, Holcomb,Jones,Moss,Rouse,and Tower) b. re Council Member Sponsored Forums and ADOPTED 9-1 Y Y Y Y Y YYAY Y N Events (Requested by Council Member Berlucchi)Deferred from April 5,2022 J.6. Resolution DESIGNATING May as Mental ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Health Awareness Month (Requested by CONSENT Council Member Berlucchi) J.7. Resolution re the City of Virginia Beach ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Community Criminal Justice Board CONSENT .1.8. Ordinance to AUTHORIZE the City Manager ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y to EXECUTE a Lease for up to five(5)years with the Development Authority for property located at 2656 Lishelle Place J.9. Resolution to APPROVE a term sheet re ADOPTED, 9-1 Y Y Y Y Y Y Y A Y Y N redevelopment of Pembroke Mall,REQUEST ALTERNATIVE approval by the Development Authority and VERSION AUTHORIZE the development of definitive REQUESTED BY project documents COUNCIL MEMBER MOSS J.10. Resolution to AUTHORIZE and DIRECT the ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y City Manager to EXECUTE an CONSENT Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agriculture Reserve Program Easements J.I 1. Ordinance to EXTEND the date for satisfying ADOPTED,BY 10-0 Y Y Y Y Y YYA Y Y Y the conditions re closing one-half of an CONSENT unimproved portion of Holly Road adjacent to 401 49'Street CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/19/2022 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L J R T I 0 C A DNC O M O O L O C N Y L ON OUW S T HCEEME S S EOE I H R Y B S S ERNN J.12. Resolution to APPOINT Lauren Hopkins to the ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y position of Deputy City Clerk II,effective April CONSENT 14,2022 J.13. Resolutions to REQUEST the Virginia ADOPTED,BY 10-0 Y Y Y Y Y YYA Y Y Y Department of Transportation (VDOT) CONSENT ACCEPT: a. additional streets for Urban Maintenance Payments b. corrections to the road inventory for Urban Maintenance Payments J.14. Ordinance to AWARD a $5,000 Community ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Services Micro-Grant to Virginia Beach Fire CONSENT Foundation re Child Passenger Safety(CPS) training programs, public education, and child safety seat check-up events J.15. Ordinance to APPROPRIATE$550,000 from ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y Parking Enterprise Fund Balance to FY2021-22 Economic Development Operating Budget re Pilot Project for Micro-transit Services in the Resort Area J.16. Ordinances to ACCEPT and APPROPRIATE: a. $8,868 donation from the Virginia Beach ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Library Foundation to FY2021-22 Libraries CONSENT Operating Budget re purchase equipment for the Edgar T.Brown Local History Archive b. Surplus Funding from the Virginia Department ADOPTED,BY 10-0 Y Y Y Y Y YYY Y Y Y of Transportation(VDOT)re Capital Project CONSENT #100529"Elbow Road Extended Phase II-B" and TRANSFER local funding to roadways projects within the FY 2021-22 from Capital Improvement Program J.17. Ordinances to TRANSFER: a. $130,000 to the Office of Emergency ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Management's FY2021-22 Operating Budget re CONSENT personnel expenses b. $233,843 to Department of Emergency and ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Communications and Citizens Services re CONSENT replacement computers K.1. NORTH INDEPENDENCE STORAGE,LLC APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y / WELLS FARGO for a Conditional Use CONDITIONED Permit re mini-warehouse at 1612 Independence Boulevard DISTRICT 9(formerly District 4 —Bayside) Deferred from April 5, 2022 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/19/2022 PAGE: 5 B E AGENDA R H ITEM# SUBJECT MOTION VOTE LB H 0 W W U R E L J R T I O C A DNCOMOOL O CNYL ONOUWS T HCEEME S S EOE I H R YBS SERNN L. APPOINTMENTS RESCHEDULED B Y CON SENS U S 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER APPEAL BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD AUDIT COMMITTEE Appointed: 10-0 Y Y Y Y Y YYAY Y Y Steven Sandoval— Representing CPA 3 Year Term 6/1/2022-5/31/2025 COMMUNITY CRIMINAL JUSTICE BOARD Appointed: 10-0 Y Y Y Y Y YYAYY Y Cal Bain— Representing Public Defender Tanya Bullock— Representing Circuit Court Judge Afshin Farashahi— Representing General District Court Judge Philip Hollowell— Representing Juvenile and Domestic Relations District Court Judge Paul Neudigate— Representing Police Chief CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/19/2022 PAGE: 6 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H O W W U R E L J R T I O C A DNCOMOOL O C N Y L ONOUWS T HCE EME S S EOE I H R YBS S ERNN Stacey O'Toole— Representing Community Services Board Supervisor Michael C.Poulson- Representing Chief Magistrate Colin Stolle— Representing Commonwealth Attorney Kenneth Stolle— Representing Sheriff Kay Thomas— Representing Local Educator Guy K.Tower— Representing City Council Member 4 Year Term 4/19/2022-3/31/2026 GREEN RIBBON COMMITTEE Appointed: 10-0 Y Y Y Y Y Y Y A Y Y Y N.D."Rocky" Holcomb 3 Year Term 4/19/2022-3/31/2025 MINORITY BUSINESS COUNCIL Reappointed: 10-0 Y Y Y Y Y Y Y A Y Y Y Jaketa R.Clark- Thompson Francis Knight- Thompson 2 Year Term 6/1/2022-5/31/2024 OPEN SPACE ADVISORY COMMITTEE Reappointed: 10-0 Y Y Y Y Y Y Y A Y Y Y James Maury Hill Joseph Walton 3 Year Term 6/1/2022-5/31/2025 PARKS AND RECREATION COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y A Y Y Y Robert Hardegen— Representing Bayside District—4 Unexpired term thru 8/31/2023 PLANNING COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y A Y Y Y Michael Clemons— Representing Centerville District—1 Unexpired term 6/10/2022-1/31/2024 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 9:33 PM