Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink About2-21-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large �t1�'BF4c VICE MAYOR ROSEMARY WILSON-District S 'A\45' MICHAEL F.BERLUCCHI-District 3 O c' BARBARA M.HENLEY-District 2 5- Z N.D. "ROCKY"HOLCOMB-District 1 U , ROBERT W. "WORTH"REMICK-District 6 DR.AMELIA N.ROSS-HAMMOND-District 4 ; • •__: JENNIFER ROUSE-District 10 ++, _- •`' JOASHUA F. "JOASH"SCHULMAN-District 9 ' OUR woo"' CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS February 21,2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room- 1:30 PM A. DOMINION ENERGY OFFSHORE WIND Joshua Bennett, Vice President, Offshore Wind—Dominion Energy John Larson, Director of Economic Development and Public Policy— Dominion Energy (Requested by Council Member Henley) B.VBCPS TECHNICAL&CAREER EDUCATION PROGRAMS 2:00 PM Sara Lockett, Ed. D., Director—Office of Technical Career Education (Requested by Council Members Remick, Rouse, and Schulman) C. MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION UPDATE 2:45 PM James A. Cervera& Michael Daniels, Co-Chairs (Requested by Mayor Dyer) II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:15 PM III. CITY COUNCIL AGENDA REVIEW 3:45 PM IV. INFORMAL SESSION -Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Ms. Ruby Christian Chaplain, City of Virginia Beach C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS February 7, 2023 2. FORMAL SESSION February 14, 2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION Pastor E. Ray Cox Sr. 2. RESOLUTION—L &J GARDENS Rebecca Saunders, Civic League President 3. CAVALIER HOTEL& RESORT PROJECT UPDATE Bruce Thompson, CEO—Gold Key/PHR (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Henley, Holcomb, Remick, Ross-Hammond, and Schulman) I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY—FARMERS MARKET Building 3, Space 14 to Gilly's Creamery, L.L.C. 2. DECLARATION AND EXCHANGE OF EXCESS CITY PROPERTY Approximately 2,529 square feet of a portion of City-Owned property located at 2640 Highland Meadows Way J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Sections 6-5 re animals on the beach and adjacent areas (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Holcomb, Remick, Ross-Hammond, Rouse, and Schulman) 2. Ordinance to AWARD a$5,000 Community Services Micro-Grant to Jeanna's iFeed re support its "Collab to Impact" initiative(Requested by Council Member Wooten) 3. Ordinance to AMEND City Code Section 10-1 re change the polling location for Precinct 0040 to Union Baptist Church at 4608 South Boulevard and to REQUEST a waiver to administer a split precinct for Precinct 0069 (Requested by the Virginia Beach Electoral Board)Deferred from February 7, 2023 4. Ordinance to AMEND City Code Chapter 35.5 re Commercial Property Assessed Clean Energy (C-PACE) Financing and Resiliency Program 5. Ordinance to AMEND City Code Sections 5-531, 21-303, 23-7.1, 23-7.5, 27-7 and REPEAL Section 21-221 re law enforcement officers (Requested by the Sheriff's Office) 6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement (MOA) between the Virginia Beach Police Department and the Virginia Beach Sheriff's Office re joint use of forces,equipment,and materials 7. Resolution to REPEAL the City Council Policy re Advertisement of Public Notices for Tax or Fee Increases 8. Resolution to SUPPORT the City's 2023 applications for Rebuilding American Infrastructure with Sustainability and Equity Program Funding re Nimmo Parkway Phase VII-B and Virginia Beach Trail Phase I 9. Resolution to APPROVE the School Board's entry into an Interim Agreement re the design work at Princess Anne High School, B.F.Williams/Bayside 6th, and Bayside High School Deferred from September 6, 2022 and October 18, 2022: Version 1 (Requested by the Virginia Beach School Board) Version 2 (Requested by Vice Mayor Wilson) 10. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agricultural Reserve Program Easements 11. Ordinance to APPROPRIATE $48,294,167 from the FY2021-22 School Reversion Funds to the Virginia Beach Public Schools FY2022-23 Operation Budget and Capital Improvement Program(Requested by the School Board)Deferred from December 13, 2022 12. Ordinance to APPROPRIATE $145,285.63 and PROVIDE to the Estate of Leslie Ann Parker re excess funds from tax sale 13. Ordinance to APPROPRIATE $70,000 of Fund Balance from the General Fund for an Incentive Grant to Old Dominion University re creation of the Institute of Data Science at Town Center 14. Ordinance to ACCEPT and APPROPRIATE $3,510 from AARP and FitLot to the Parks and Recreation FY2022-23 Operating Budget re instructor at the Williams Farm Outdoor Fitness Park L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PLANNING COUNCIL PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ea925 e6366d0615 faa9bc2246faa 16cfc 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on February 21, 2023. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:30 PM A. DOMINION ENERGY OFFSHORE WIND Joshua Bennett, Vice President, Offshore Wind—Dominion Energy John Larson, Director of Economic Development and Public Policy— Dominion Energy (Requested by Council Member Henley) B.VBCPS TECHNICAL& CAREER EDUCATION PROGRAMS 2:00 PM Sara Lockett, Ed. D., Director—Office of Technical Career Education (Requested by Council Members Remick, Rouse, and Schulman) C.MAYOR'S TASK FORCE ON YOUTH VIOLENCE PREVENTION UPDATE 2:45 PM James A. Cervera& Michael Daniels, Co-Chairs (Requested by Mayor Dyer) II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:15 PM III. CITY COUNCIL AGENDA REVIEW 3:45 PM IV. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Ms. Ruby Christian Chaplain, City of Virginia Beach C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS February 7, 2023 2. FORMAL SESSION February 14, 2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION Pastor E. Ray Cox Sr. 2. RESOLUTION—L & J GARDENS Rebecca Saunders, Civic League President 3. CAVALIER HOTEL& RESORT PROJECT UPDATE Bruce Thompson, CEO—Gold Key/PHR (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Henley, Holcomb, Remick, Ross-Hammond, and Schulman) fry all "‘ 4 Ill tso Avr„.. s. 4. %f': ova "A•no e rottamation Wfiurnax Pastor E.ROy Cot was raised in the Ayden/Greenvife,North Carolina area;and WSereax Pastor Cot received a bachelor's degree fv,ri St Leo'University in'Florida;a Master of Divinity from Samuel DeWitt Tractor School of Theology in Richmond a master's degree in Christian Education from the Presbyterian Schoolof Christian Education in Richmond anda Doctorate from the'Virginia School of Theology in Lynchburg and Wfurear Pastor Cot has been an active(Pastor for sixty years, beginning his ministry in 1963 in Simpson, North Carolina;and 'Miienear Pastor Cat founded the New Slope Baptist Church in(December 1969 and in 1980,moved the congregation to its present location at 395 Old Great NeckRoad Virginia Beach,Virginia;and Whereas Pastor Cot has been very active in the Yfampton Roads community—sponsoring events;establishing a food bankat the church;counseling and much more;and Whereas: ?{fe is a member of many organizations and associations andfor several'years has served as a member of the Virginia Beach Community Services Board and Whenrax (Pastor Cot has served the citizens of Virginia Beach for overfifty years and has been a wise and righteous spiritual'leader for the past scuty years;and Whenax In honor of African American History Month,we honor(Pastor Cot of sixty years of ministry and service to the citizens of Virginia Beach and celebrate his life of eight-two years,January 14,2023. Now,Therefore I,Rp6ert M. 'Bobby"Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: February 21, 2023 Pastor E. Icy Co. Sr. 604 Pastoral CeCe6ration Day In'4gin1a'Beach,and encourage all citizens to recognize the contributions and sacrifices of this dedicated man of God In Witness s Whereof; I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to be affied this Twenty-Tint(Day of'February,Two Thousand aniTwenty-Three. Rp ert M. °Bo66y"(Dyer Mayor I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY—FARMERS MARKET Building 3, Space 14 to Gilly's Creamery, L.L.C. 2. DECLARATION AND EXCHANGE OF EXCESS CITY PROPERTY Approximately 2,529 square feet of a portion of City-Owned property located at 2640 Highland Meadows Way 4....‘ Zy PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,February 21, 2023,at 6:00 p.m.in the Council Chamber, City Hall - Bldg. 1,at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed leasing of the following City- owned property located at the Virginia Beach Farmers Market: Building 3, Space 14, consisting of approx.939 sq.ft. of space,to Gilly's Creamery.L.L.C. 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 711. Any questions concerning this matter should be directed to the Department of Public Works/Real Estate, 2473 N. Landing Road. Building 23, Municipal Center at (757) 3854161. pwrealestate@vbgov.com. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: pttns://vbgov.webex.com/vbgov/onstag e/goho?MTI D=ea925e6366d0615taa9 bc2246faa 16cfc 2. Register with the City Clerk's Office by calling 757-385 4303 prior to 5:00 p.m.on February 21,2023. All interested parties are invited to participate. Amanda Barnes.MMC City Clerk BEACON: 2/12/2023 r µNBF.,�. 4 i ...., fE:„:„.... ...„ i,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Gilly's Creamery, L.L.C. for City-Owned Property Known as Building 3, Space 14 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: February 21, 2023 MEETING DATE: March 7, 2023 • Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Space 14 in Building 3 at the Virginia Beach Farmers Market, which consists of approximately 939 sq. ft. of space (the "Premises") and received one submittal from Gilly's Creamery, L.L.C., a Virginia limited liability company ("Gilly's"). Gilly's has been leasing the Premises since 2011 and desires to enter into a new lease with the City. The Premises will be utilized for the sale of fresh and frozen dairy products and related items, and for no other purpose. • Considerations: The initial term of the Lease would be from July 1, 2023 to June 30, 2026, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. • Public Information: A public hearing was advertised on February 12, 2023 in The Virginian-Pilot, Beacon. Public notice provided via the normal City Council agenda process. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real EstateG City Manager:fi 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH GILLY'S CREAMERY, L.L.C. FOR 4 CITY-OWNED PROPERTY KNOWN AS BUILDING 5 3, SPACE 14 IN THE VIRGINIA BEACH FARMERS 6 MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, the City issued a Request for Proposals for Space 14 in Building 3 at 13 the Virginia Beach Farmers Market which consists of approximately 939 sq. ft. of space 14 (the "Premises") and received one submittal from Gilly's Creamery, L.L.C., a Virginia 15 limited liability company ("Gilly's"); 16 17 WHEREAS, Gilly's has leased the Premises since 2011 and desires to enter into 18 a new lease with the City; 19 20 WHEREAS, the Premises will be utilized for the sale of fresh and frozen dairy 21 products and related items, and for no other purpose; and 22 23 WHEREAS, Gilly's has agreed to pay the City rent in the amount of $12,314.76 24 from July 1, 2023 through June 30, 2024, with a five percent (5%) annual rent 25 escalation for each year thereafter. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for up to 5 years 31 between Gilly's Creamery, L.L.C. and the City for the Premises, in accordance with the 32 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 33 other terms, conditions or modifications as may be acceptable to the City Manager and 34 in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 37 , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY ‘ns?_fil‘ ity ey bli1Works / eal Estate CA15630 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p040\00860546.doc R-1 February 10, 2023 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Gilly's Creamery, L.L.C., a Virginia limited liability company PREMISES: Building 3, Space 14 consisting of 939+/- square feet TERM: Initial Term: July 1, 2023 through June 30, 2026, with two (2) additional one-year renewal options RENT: July 1, 2023 - June 30, 2024: $12,314.76 ($1,026.23 monthly) Rent will escalate annually by five percent (5%) compounded upon July 1st of each year the Lease is in effect. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of fresh and frozen dairy products and related items, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors, and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. City of Virginia Beach Farmers Market 3640 Dam Neck Road Virginia Beach,VA 23453 757-385-43 FAX:368-5249 % 6 - LOCATION MAP I- Master0 //// --- \Gardeners 1 , New Kitchen , y N. Garden [] [] C •♦ • • \\\\\\\\\\\ \\\\ ',` %\,.*‘. / % 4- Bldg.8 R I �Rural . 23 14 25 / .i _ S 30 a n Gibr___ \11 , pace �-de %4 Z 14 20 19 18 17 16615 14 13 12 11 10 9 8 7 6 6 4 / oew.aMaes/ �\ una1 Paleig'serxts4+ /'/\\ p e I R / \\ 8 7 6 6 4 3 2 1 i� ► ` / Bldg.4 , \` / • Building 3,Space 14 4.,.. PawenSpeees 1 AB 1%, / ,, Approx.939 Sq.Ft. �o xio• Y ��`sr �. t� N 0 9 10 11 12 13 14 16 16 17 � • ' \ \ y 1 ii. it I III „:5 ,� i \N. i ____ , �� „ qin o , ‘ �,�- I i I �* a .. 1 N 1 ■ a / E \ I I. c N \ i °° N a _• � m �• � ® SI N N �� 4 ► i o„...„_rrf\\\\ °' ' N 1 \ • _ 4, gill \ ---- % 1r' t.N _'/ / I / N\ 1;\ /1 N ti PIX '\ 4.0, /' 1 // '�. 4IIIIIII MIMI , �� /// li \ ' ----/\ 11 E— 1 speakers / _ Dam Neck Road • e StateiTtent • i Planning.&,Comnmrur MINTB—FORM DISCLOSURE STATEMENT -• The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a cordict 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 My Council or a City board,commission or other body. Applkatst Disciosune Applicant Name V-.e,N t r'� T�t,�n Q, c(;1/L S ean%ex`)1 Does the applicant have a reprse e? ❑Yes ja No • tf yes,list the name of the is the applicant a consecution,partrnership,firm,bush ,mast or an anincorpocated business?0 Yes 0 No • If yes,list the names of all officers,erectors,mergers,trustees,etc.below. (Attach a list if necessary) • trees,list the businesses that have a p or affiliated business entityz relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship'means'a relationship that exists when one corporation directly or Indirectly owns shares possessi*more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code§2.2-310L 2'Affiliated business entity relationship'means"a relationship,other than parent ary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(I)a controlling owner in one entity is also a controlling owner in the other entity,or(al)there is shared manage:,id 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 entitle=there are common or commingled funds or assets;the business entities share the use(tithe same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the en sties? See State and Local Government Conflict of interests Act,Va. Code§2.2 310L Revised 23.092a2a Wage Disd0.0r S t :Y6Fi rtr � Ping Sr Cnniiy Known interest by Pt is Official or Employe: Does an official or erapioyee alive City of ttirg a Beach have an interest In the subject land or any proposed development contingent on the subject public action?0 Yes RN° • If yes,what is the name of the official or employee and what Is the nature of the interest? Applicant Services Disclosure i. Does the ant have any ate financing Onurtgage,deeds of trust, etc)or are they considering any fine cing in connection with the subject of the appfication or any business operating or to be operated on the property? L7 Yes jia,t4c • if yes,identify the financial institutions providing the service. Z Does the aciPbcant have a real estate broker/aEeeet/realeor for arnent and anticipated future sales of the subject property? ❑Yes W No • ff yes,identify the company and individual provitfing the service. 3. Does the applicant have services for aeowinting 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 �Nc, • If yes,Identify the firm and individual providing the service. 4. Does the applicant have services from an atchlteaflandscape arddeed/iand planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 'RN::: • if yes,Identify the firm and individual providing the service. 5. Is there any other pending or proposed paw of the subject property?❑Yes ANo • If yes,Identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 j P a g e :Disclosure State. fnervt— • Pf` 'LLLL9999 Planning Ccinuntinity DeveIoint: • 6. Does the applicant have a mactruction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes frkNo ▪ if yes,identify the company and individual providing the service. 7. Does the applicant have anengineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes jit No • If yes,identify the firm and Individual providing the service. 8. Is the applicant receiving jai services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes likhlo • if yes,identify the firm and kwrividual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that upon receipt of notification that the application has been scheduled for public hearing,lam responsible for e,p ling the information provided herein two weeks prior to the meeting of t'faruaE:.Commission,City Coma,VBDA„CBPA,vY etiaw s Board or any public body or oarrenIttee in connection with this application. Signature e,)i rr'?`fin n-ey -- - Print Name and This qt rDate i5 j Is the applicant also the owner of the snisje. .property? lEi Yes 0 No • if yes,you do not need to fad out the owner disclosure statement. FOR CITY USE-ONLY/Ali cisclos:tres mu,t ire updat_d two(2)st ek prior to a,ny Planning Con m7ssion and City Council meeting that pertains to the o.pplicatians tio donnas of Dere 'gam Slipmbint Mist Name ir • Revised 11.091020 3 I P a g e Disclosure Statement Pn&CnnlltYlZnity TT _ f .L,Vrw'r"fTM.6� Continue to Next Page for Owner Disclosure Revised 11.09.2020 41 Page Ditelostire $ . ,-' ent , , .: .. ; ►nfling &Community Devekopirent 44\.. Owner Disclosure Owner Name Qi.)rn"Tan ,t y Applicant None Is the Owe a corporation,partnership,thin,business,that or an to incorporated business?0 Yes • If yes,fist the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) • If yes,fist the businesses that have a parent-subsichary3 or affiliated business entity relationship with the Min-er. (Attach a list If neansa ry) Known interest by Public Official or Emplo�� Does an offal 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?0 Yes ,®hi;= • if yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship'means`a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and local Government Conflict of Interests Act,VA.Code§2.2-3101_ "Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ti)a controlling owner in one entity is also a controlling owner in the other entity,or(ur)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 wise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the ." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage • • - Disclosure$tatement -. arS4',46 - •• Cell re 11510•1:Made • 4:12*tar Z'Altk t*::'• `,1,414'4,1 - ::-;f41-,:r Planning &Conimu. nity— _ Devekv.ment • - - Owner Services Disclosure I. Does the Owner have any existing fkundng(mortgage,deeds&trust,cross-oalletemilzation,etc)or are they cznsiderliti;any financing in connection will the subject of the application or any business operating or to be operated on the property? D Yes ANc, • If yes,identify the finandal institutions providing the service_ 2. Does the Owner have a real estate broicer/-ageatireettor for current and anticipated future sales of-the subject property? El Yes Nc, • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting andjor preparation of tiot returns proviz1;A in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ia No • filets,identify the firm and individual providing the service. 4. Does the Owner have services from an architectilanviscape archinectiteki provided In connection with the subject of the application or any business operating or to be operated on the property?0 Yes IR No • If yes,Identify the firm and individual providing the service. 5. bthereanyotherp or proposed). of the subject property?DYes R • if yes,identify the pardaser 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?0 Yes 1?3,No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyorjagent in connection with the subject of the app&ation or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. Revised 1.L 09.2020 6age re Bnt. • • .. .. _ Planning&Community • t Development 8. Is the Owner receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?❑Yes ZINo • If yes,identify the firm and individual providing legal the service_ Owner Sage I certify that all of the information contained in this Disclosure Statement Form is complete,true,and aoatrate. I understand that; upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided betels two weeks prior to the meeting of Planning Cemmbsion.City Council,VBDA,CBPA,weds Board or any public body or comnni ee is connection with ttds application. Owner Signature Xeu ti n 'f�- - ,cnn\I Print Name and Tine Date ekfiLiAdY5 Pleoitk 5 t7/(4. it64-/ke- -u0/SeD/L Revised11.09.2020 7IPage ‘rU.1.; s.1 v.,0,.-,2 v--_o,c..„.-......4,-..4c... 'off g: .' nafi v PUBLIC HEARING DECLARATION AND EXCHANGE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and exchange of City-owned property,Tuesday, February 21, 2023,at 6:00 p.m. in the Council Chamber, City Hall - Bldg. 1. Virginia Beach Municipal Center, 2401 Courthouse Drive,Virginia Beach,Virginia 23456.The purpose of this hearing will be to obtain public input to determine whether the following property should be declared excess of the City's needs and conveyed: An approx. 2,529 sq. ft. (0.05806 Ac.) portion of City-owned property located at 2640 Highland Meadows Way(GPIN:1484-23-1207). 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 or 711 (Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works/Real Estate. 2473 N. Landing Road, Building 23, Municipal Center at (757) 385-4161. pwrealestate@vbgov.com. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: )nlpc.//vheov wehex corny vheov/o nstage/g php?MTID=ea925e6366 1 O615faa9hr.2246faa 16r:fr 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on February 21.2023. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON:February 12,2023 crl GNU MB �l CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance 1) Declaring a 2,529 Sq. Ft. Portion of City Property Located at 2640 Highland Meadows Way to be in Excess of the City's Needs and 2) Authorizing the City Manager to Exchange Same for a 2,529 Sq. Ft. Portion of the Adjacent Property Belonging to James and Wanda Cooper PUBLIC HEARING: February 21, 2023 MEETING DATE: March 7, 2023 • Background: The City of Virginia Beach (the "City") owns a parcel of land located at 2640 Highland Meadows Way (GPIN: 1484-23-1207), which was dedicated to the City as part of the development of Highland Meadows Subdivision to be used as a park (the "Park"). The City's Department of Parks and Recreation intends to install playground equipment on the Park, however, the majority of the Park is encumbered by wetlands, several drainage and maintenance easements, a floodplain, and a 120' wide easement for Dominion Virginia Power for overhead power lines. James and Wanda Cooper (the "Coopers") own a parcel of land located at 2636 Highland Meadows Way (GPIN: 1484-23-1445), which is adjacent to the Park. Currently, a portion of the Coopers' fence and concrete patio located in the Coopers' backyard are encroaching onto the Park. The City and the Coopers have negotiated an exchange of a portion of each of their respective parcels that would benefit both parties for no additional monetary consideration. The City would convey to the Coopers approximately 2,529 sq. ft. of land from the Park adjacent to the Coopers' backyard in exchange for the Coopers conveying to the City an area of land of equivalent square footage from the Coopers' property adjacent to the front entrance of the Park. The exchange would provide adequate space for playground equipment near the entrance to the Park, outside of the encumbrances, and would resolve the unauthorized encroachments onto the Park. • Considerations: Each party would exchange an equal square footage of land on the terms and conditions set forth in the Summary of Terms attached to the Ordinance. There is no monetary consideration associated with the exchange of land. Once the exchange is complete, the City can move forward with the construction of a playground on the Park. • Public Information: A public hearing will be advertised on February 5, 2023, in The Virginian-Pilot, Beacon. The public hearing will be held on February 21, 2023. Public notice will also be provided via the normal City Council agenda process. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Location Map, and Disclosure Statements Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate -0 City Manager: 1 AN ORDINANCE 1) DECLARING A 2,529 SQ. FT. 2 PORTION OF CITY PROPERTY LOCATED AT 2640 3 HIGHLAND MEADOWS WAY TO BE IN EXCESS OF 4 THE CITY'S NEEDS AND 2)AUTHORIZING THE CITY 5 MANAGER TO EXCHANGE SAME FOR A 2,529 SQ. 6 FT. PORTION OF THE ADJACENT PROPERTY 7 BELONGING TO JAMES AND WANDA COOPER 8 9 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 10 located at 2640 Highland Meadows Way (GPIN: 1484-23-1207) which is utilized 11 as a park (the "Park"); 12 13 WHEREAS, the City intends to install playground equipment at the Park; 14 however, the majority of the Park is encumbered by wetlands, multiple drainage 15 and maintenance easements, a floodplain, and a 120' wide Dominion Virginia 16 Power easement for overhead power lines; 17 18 WHEREAS, James and Wanda Cooper (the "Coopers") own a parcel of 19 land located at 2636 Highland Meadows Way (GPIN: 1484-23-1445), which is 20 adjacent to the Park; 21 22 WHEREAS, a portion of the Coopers' concrete patio and fence located in 23 their backyard currently encroach onto the Park; 24 25 WHEREAS, the City and the Coopers have negotiated an exchange of 26 approximately 2,529 sq. ft. of land from each of their respective parcels, as shown 27 on Exhibit A attached hereto, on the terms and conditions set forth in the Summary 28 of Terms, attached hereto as Exhibit B; and 29 30 WHEREAS, the exchange of land would provide adequate space to 31 construct a playground near the entrance to the Park, outside of the 32 encumbrances, and would resolve the Coopers' unauthorized encroachments onto 33 the Park. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 36 CITY OF VIRGINIA BEACH, VIRGINIA: 37 38 1. That a 2,529 sq. ft. portion of the Park as shown on Exhibit A 39 attached hereto and made a part hereof, is hereby declared to be in excess of the 40 needs of the City of Virginia Beach. 41 42 2. That the City Manager, or his authorized designee, is hereby 43 authorized to execute any and all documents necessary to convey said excess 44 property on the terms and conditions set forth in the Summary of Terms, attached 45 hereto as Exhibit B and made a part hereof, and such other terms, conditions and 46 modifications as may be acceptable to the City Manager and in a form deemed 47 satisfactory by the City Attorney. 48 49 This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE BY THREE- FOURTHS (3/4) OF ALL MEMBERS OF CITY COUNCIL. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: vv,L.J. C D t. of Pa s & Recreation Public Wor / Real Estate APPROVED AS TO LEGAL SUFFICIENCY: (//7 D.6); rn CA15788 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d020\p043\00859794.docx R-1 February 1, 2023 2 EXHIBIT A HIGHLAND MEADOWS WAY (50' R/W) (I.N. 200211213068548-PLAT) CATV PROPERTY LINE FED TO BE ESTABLISHED (RELOCATED) N12'54'50"E 286.94' ► � ) 65.47' N 12'54'50"E 100.13' 1.-- V \`` 5' W AM PRIVATE DRAINAGE EASEMENT _ \ TO BE ESTABLISHED (RELOCATED) o ID PROPERTY TO BE ACQUIRED o (Ni BY THE CITY OF VIRGINIA BEACH o in AREA = 2,529 Sq. Ft. OR 0.05806 Ac. \ s \ EXISTING To oo 2 STORY co. Ln RESIDENCE PROPERTY LINE �� -? Ln in ��\O�� TO BE VACATED y #2636 �-}�G'040 EASEMENT * 15.0' rrl 0 0 \P��P�1 TO BE VACATED \ LOT 5 LA N/F r (C) PROPERTY LINE ,k WANDA (Sc JAMES - z TO BE ESTABLISHED V. \ COOPER 5' PRIVATE DRAINAGE EASEMENT t i \ TO BE ESTABISHED (RELOCATED) 8$P �, ,• t \ . 1� .... ... PARK AREA �, — EXISTING 0:.. CONCRETE CITY OF w. co ET VIRGINIA BEACH �� 1 �, EASEMENT TO BE VACATED '+ Imo--PROPERTY LINE PROPERTY TO BE ACQUIRED , TO BE VACATED BY N/F WANDA & JAMES COOPER 6, #0 AREA = 2,529 Sq. Ft. OR 0.05806 Ac. •moo, A ED \ 0 30' 60' of . I I NE m an N. 5' PRIVATE DRAINAGE EASEMENT I o EXISTING Gam$}iIC SCALE TO BE ESTABISHED (RELOCATED) EXISTING SHED _ 3OFENCE \. \ 'Al- i" X Z �•,;��•B�.,,� EXHIBIT SHOWING \ ti EXISTING ,\$-v' 9�iG LAND SWAP BETWEEN FENCE 'cam '��, CITY OF VIRGINIA BEACH \ Z. HIGHLAND MEADOWS PARK GPIN: 1484-23-1207 i u _ �' AND N/F WANDA & JAMES COOPER �/r e' LOT 5, HIGHLAND MEADOWS GPIN: 1484-23-1445 .--.I EXISTING -�OF OUR W>T��-�./ I.N. 20021 1213068548 (PLAT) o PROPERTY LINE - o DEPARTMENT OF PUBLIC WORKS * ENGINEERING GROUP * SURVEY BUREAU 0 0 CITY OF VIRGINIA BEACH, VIRGINIA 757-385-4131 z DATE:5/10/2022 SCALE: 1"=30' DRAWN BY: DWD JOB#:210385 F.B. "F" 2022 _ EXISTING G 5' PRIVATT DRAINAGE EASEMENT EXHIBIT B SUMMARY OF TERMS EXCHANGE OF EXCESS CITY PROPERTY PARTIES: City of Virginia Beach ("City") and James and Wanda Cooper (the "Coopers") CITY PARK PROPERTY: 2640 Highland Meadows Way (GPIN: 1484-23-1207) COOPERS' PROPERTY: 2636 Highland Meadows Way (GPIN: 1484-23-1445) PROPERTY TO BE EXCHANGED: 2,529 sq. ft. (0.05806 Ac.) of the City Park Property to be conveyed to the Coopers in exchange for the Coopers conveying 2,529 Sq. Ft. (0.05806 Ac.) of the Coopers' Property to the City, as shown on Exhibit A SALE PRICE: None CONDITIONS OF EXCHANGE: • The properties to be exchanged will be conveyed "AS IS, WHERE IS" • City and the Coopers will each bear their own closing costs, attorney fees and lender fees (if applicable). • City will be responsible for the preparation and recordation of the subdivision plat to incorporate the portions of property being exchanged into each party's existing parcel. • Each party will convey 2,529 sq. ft. of property to the other party, free and clear of all liens and encumbrances. • Neither party will pay the other for the portions of property being exchanged. • The City will reserve all needed public utility and drainage easements. • Closing shall occur on or before December 31, 2025, unless extended by the City Manager. ' .- N /11110 W— I — E �-�•,._ a _.�.. j S i / r; LL 1484-23-1445 Mom= ! a 1484-23-1207 Zoe". 0 • � f a»„ , you '.y •1 I. . ;''', .N.4 j.''''',', \' 4/*:,., . ' A 4 • ..) : ''',' -.,." ',. f r ,,,,ok . 1 r f IF . t,..,. , 4),,,,,„,„, „..„, . . ,, , ., ' + y , 1, ,g, w W 4 n/ ,� , , /ote „al i C r '';',i., .',, ,:i.-,7: ifik t LOCATION MAP Arm.. 1 _.: 4 LAND SWAP • CITY PROPERTY Legend r - GPIN 1484-23-1207 City Properties �' 4 AND WANDA & JAMES COOPER Land Proposed to be Park Property GPIN 1485-23-1445 r �� "` Feet ! Land Proposed to be Residential • 0 50 100 200 a r V•v-Anrl\Dr..;e.-1c\ADr` Glee\Ar`_ChIr1A RAADC\r`i4..Drnneht•\1AOA 01 1')!17 Aeri- Fti ,• s.. .:t .. c _ • .:, 't • v r r wr.r .Fr� r{• r +� i l • i «: y��,. . ti- • }',� .F .mom • :3 �wk .-s �•t+t F,i. 1'�jL,fit �.6 1 ,� t • r 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 c 4v L-5 Ikit. CJID pe-t Does the applicant have a representative? 0 Yes Q"No • if yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes [2'No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary2 or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage ak .y. I F . 1 „Fa tau 7r...,..�M 7 i ro. 1 a ' :...t T f ' m ,....,,,,4..,..:`,..-if -- --ciks;; may' 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?0 Yes Lr!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-collateralizatlon,etc)or are they considering any fin racing In connection with the subject of the application or any business operating or to be operated on the property? ist es 4. 3 irNo • If yes,identify the financial institutions providing the service. i,JU d j C !''�0 U4nNt ikkortylf 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ( 'lo • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ( 'No • if yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes Q'NO • If yes,identify the firm and Individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes 13 No • If yes,identify the purchaser and purchaser's service providers. Revised 12.09.2020 2 j P a g e v4.- t"' • 6. Does the applicant have a construction contra in connection with the subject of the application or any business operating or to be operated on the property?❑Yes L`S 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 I2„If • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes Q'Flo • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant ture c G n+t.,5 111_ Co or Print Name and Title Q 7/1R/Zo 22, Date Is the applicant also the owner of the subject property? es 0 No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must ba updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Data Nff73 "Future iM Print Name / Revised 11.09.2020 Wage Disclosure Statement Pia n mu- g t�:Commanity Deriopment Owner Disclosure Owner Name V v ando- e--00K7 Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes C i(o • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • if yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the thy of Virginia Beach have an interest in the subject land or any proposea development contingent on the subject public action?❑Yes 13-NO • if yes,what is the name of the official or employee and what is the nature of the interest? 3'Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4'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 5 2.2-3101. Revised 11.09.2020 Wage Pi losure Stdte If - 1Noii3 k. ,, iri y_..,..,_ . , PLtiinm g&Cor Ymi ty Z lil# I., ,. 1 evel-lzJiTi{'.3i1 \ _ '... - - .‘. Owner Services Disclosure L Does the Owner have any existing finandng(mortgage,deeds of trust,cross-collateraltration,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? G Yes 0 No • if yes,Identify th`eAii ancial institutions providing the service. V`�G��SAteeiLIK6(4jay_ _ _ _2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes G.N6 • 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 [ -N • If yes,Identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape ardhitect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ID-NO • If yes,identify the firm and individual providing the service. • 5. is there any other pending or proposed purchaser of the subject property?0 Yes afkic • if yes,Identify the purchaser and purchaser's service providers- 6. Does the Owner have a construction contractorto in onnection with the subject of the application or any business operating or to be operated on the property?0 Yes L►J No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in k,connection with the subject of the application or any business operating or to be operated on the prope'tyL`�?0 Yes "No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Disclosure Statement ,7 NA13 Planning& Community 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes If No • If yes,identify the firm and Individual providing legal the service. Owner Signature I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBOA,CBPA,Wetlands Board or any public body or committee in connection with this application. (� ✓ f V Owner Signature tAiark4{(%_()00019€ Print Name and Title 21 F/ Date Revised 11.09.2020 7 1 P a g e J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Sections 6-5 re animals on the beach and adjacent areas (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Holcomb, Remick, Ross-Hammond, Rouse, and Schulman) 2. Ordinance to AWARD a$5,000 Community Services Micro-Grant to Jeanna's iFeed re support its "Collab to Impact" initiative (Requested by Council Member Wooten) 3. Ordinance to AMEND City Code Section 10-1 re change the polling location for Precinct 0040 to Union Baptist Church at 4608 South Boulevard and to REQUEST a waiver to administer a split precinct for Precinct 0069 (Requested by the Virginia Beach Electoral Board) Deferred from February 7, 2023 4. Ordinance to AMEND City Code Chapter 35.5 re Commercial Property Assessed Clean Energy (C-PACE) Financing and Resiliency Program 5. Ordinance to AMEND City Code Sections 5-531, 21-303, 23-7.1, 23-7.5, 27-7 and REPEAL Section 21-221 re law enforcement officers (Requested by the Sheriffs Office) 6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement (MOA) between the Virginia Beach Police Department and the Virginia Beach Sheriff's Office re joint use of forces, equipment, and materials 7. Resolution to REPEAL the City Council Policy re Advertisement of Public Notices for Tax or Fee Increases 8. Resolution to SUPPORT the City's 2023 applications for Rebuilding American Infrastructure with Sustainability and Equity Program Funding re Nimmo Parkway Phase VII-B and Virginia Beach Trail Phase I 9. Resolution to APPROVE the School Board's entry into an Interim Agreement re the design work at Princess Anne High School, B.F. Williams/Bayside 6th, and Bayside High School Deferred from September 6, 2022 and October 18, 2022: Version 1 (Requested by the Virginia Beach School Board) Version 2 (Requested by Vice Mayor Wilson) 10. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agricultural Reserve Program Easements 11. Ordinance to APPROPRIATE $48,294,167 from the FY2021-22 School Reversion Funds to the Virginia Beach Public Schools FY2022-23 Operation Budget and Capital Improvement Program (Requested by the School Board) Deferred from December 13, 2022 12. Ordinance to APPROPRIATE $145,285.63 and PROVIDE to the Estate of Leslie Ann Parker re excess funds from tax sale 13. Ordinance to APPROPRIATE $70,000 of Fund Balance from the General Fund for an Incentive Grant to Old Dominion University re creation of the Institute of Data Science at Town Center 14. Ordinance to ACCEPT and APPROPRIATE $3,510 from AARP and FitLot to the Parks and Recreation FY2022-23 Operating Budget re instructor at the Williams Farm Outdoor Fitness Park i r e CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Sections 6-5 of the City Code Pertaining to Animals on the Beach and Adjacent Areas MEETING DATE: February 21, 2023 • Background: Prior to 2014, the City Code prohibited animals on the boardwalk during the resort season (Memorial Day to Labor Day). In March 2014, following an endorsement by the Resort Advisory Commission ("RAC"), the City Council adopted an ordinance requested by then-Councilmember Wilson to authorize a leashed dog, under the control of its owner, to be on the boardwalk during the resort season (Memorial Day to Labor Day) between the hours of 6 a.m. and 10 a.m. This allowance has been a well-received amenity to City residents and visitors, but visitors and some residents may not know the rules for when such activity is permissible, and several hoteliers at a recent RAC meeting stated that the off-season prohibition is costing them business. Many hoteliers would like their properties to be pet friendly, but their guests would complain if they were unable to walk their dogs on the boardwalk except during a four- hour period in the morning. City residents, including those who reside in the Resort Area, need to walk their dogs daily, regardless of the season. • Considerations: This ordinance amends the City Code to authorize leashed dogs, under the control of their owners, on the boardwalk between the hours of 6 a.m. and 7 p.m. during the resort season. Expanding this access to one of the City's greatest public amenities would benefit City residents, both of the Resort Area and the City at large, as well as visitors and the tourism industry. The City Code does not currently restrict the times of day when a leashed dog may be walked on the boardwalk after Labor Day and before Memorial Day; the restriction applies only during the resort season. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt ordinance • Attachments: Ordinance Requested by Mayor Dyer, Vice Mayor Wilson and Councilmembers Berlucchi, Holcomb, Remick, Ross-Hammond, Rouse, and Schulman REQUESTED BY MAYOR DYER, VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, HOLCOMB, REMICK, ROSS-HAMMOND, ROUSE AND SCHULMAN 1 AN ORDINANCE TO AMEND SECTION 6-5 2 OF THE CITY CODE PERTAINING TO 3 ANIMALS ON THE BEACH AND ADJACENT 4 AREAS 5 6 SECTION AMENDED: § 6-5 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 6-5 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 Sec. 6-5. Animals on beach and adjacent areas. 14 (a) For purposes of this section: 15 (1) The term "animal" shall be deemed to include, but not be limited to, any 16 mammal, bird, or reptile; 17 (2) The term "owner" means any person who: (i) has a right of property in an 18 animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; (iv) acts 19 as a custodian of an animal; or (v) is in possession of an animal; and 20 (3) The term "season" means the period from 6:00 p.m. on the Friday before 21 Memorial Day through 6:00 p.m. Labor Day of each year. 22 (b) It shall be unlawful for the owner of a dog present on any sand beach to fail to 23 maintain control of the dog. 24 (c) It shall be unlawful for the owner of any animal to permit such animal to be on the 25 sand beaches from Rudee Inlet on the south to 42nd Street on the north during the 26 season. 27 (d) It shall be unlawful for the owner of any animal to permit such animal to be on the 28 boardwalk or the grassy area west of the boardwalk to the property lines during the 29 season; provided, however, that a leashed dog, under the control of the owner, 30 may be permitted on the boardwalk and the grassy area west of the boardwalk to 31 the property lines during the season between the hours of 6:00 a.m. and 7 32 p.m.10:00 a.m. If the City Manager or designee concludes that an emergency, 33 adverse weather event, special event or other special circumstance causes the 34 walking of leashed dogs on the boardwalk to present a public safety risk, the City 35 Manager or designee may prohibit the walking of leashed dogs for the time period 36 necessary to protect public safety. 37 (e) It shall be unlawful for the owner of any animal to permit such animal to be on any 38 sand beach during the season; provided, however, that a dog may be permitted on 39 beaches other than the beaches listed in subsection (c) during the season between 40 the hours of 6:00 p.m. and 10:00 a.m. if leashed or under the control of the owner. 41 (f) It shall be unlawful for the owner of any animal to have the animal on Atlantic 42 Avenue, or in the parks and connector streets between Atlantic Avenue and the 43 boardwalk, from Rudee Inlet to 42nd Street, unless such animal is in an escape- 44 proof container. This provision shall not be applicable to leashed dogs. 45 (g) No owner of any animal shall knowingly or willfully permit such animal to litter any 46 sand beaches within the city or to litter the boardwalk or the grassy area west of the 47 boardwalk to the property lines from Rudee Inlet on the south to 42nd Street on the 48 north, at any time. In the event such animal shall defecate on the sand beaches 49 within the city, or on the boardwalk or the grassy area west of the boardwalk to the 50 property lines from Rudee Inlet on the south to 42nd Street on the north at any 51 time, the person who owns or has control of such animal shall immediately remove 52 all feces deposited thereon by such animal and dispose of same in a sanitary 53 manner approved by the department of public health, such as by encasing same in 54 an airtight wrapper or container and placing same in a garbage receptacle. Failure 55 to so remove said feces in accordance with the provisions of this subsection shall 56 constitute a Class 1 misdemeanor. 57 (h) Notwithstanding the above, it shall be unlawful for the owner of any animal to permit 58 such animal to be on any sand beaches within the city, at any time, unless such 59 person shall have in his possession a container of sufficient size and adequate 60 design to remove and dispose of all feces deposited thereon by such animal, in 61 accordance with the provisions of subsection (g). 62 (i) With the exception of subsections (g) and (h), the provisions of this section shall not 63 be applicable to a guide dog, hearing dog or service dog trained to accompany a 64 person with a disability while being accompanied by such person, or to any dog or 65 horse in the custody or control of a law enforcement officer while such officer is in 66 the performance of his duties. 67 (j) The provisions of this section may also be enforced by city animal control officers. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY Police a P artmenf City Attorneys Office CA16030 R-4 February 15, 2023 ros i�'L'i i 6. FW CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $5,000 from the General Fund Reserve for Contingencies to Non-Departmental "Opportunity Grants" and to Authorize a Community Services Micro-Grant to Jeanna's iFeed MEETING DATE: February 21, 2023 • Background: Jeanna's iFeed is a Virginia nonstock corporation that has requested a Community Service Micro-Grant in the amount of $5,000. This local non- profit was founded in 2020 to serve the needs of underprivileged families, persons experiencing homelessness, and seniors within the City by providing them with cooked meals, wellness education, and care packages to help in breaking the cycle of food and health insecurities. The organization also organizes a three-month-long skill building session for interested members of the community. A major event carried out by the organization to achieve its goals is the "Collab to Impact" event. The event is held on an annual basis and provides the underserved with educational resources to improve their health while also supplying them with food and care packages. To date, the organization has served over 200 citizens within the City. • Considerations: The organization's primary mode of raising funds for its activities is through individual contributions. The "Collab to Impact" initiative is a major fundraising event held by the organization to help fund some of the services it provides to the community. The funds from this grant will help to cover a major portion of the estimated $7000 cost of the "Collab to Impact" event. The funds will be used for the purchase of meals, gas cards, toiletries, hygiene products, and other similar items that will be donated to underprivileged families, seniors, and homeless residents of Virginia Beach. The organization is therefore seeking assistance from the City to help fund its "Collab to Impact" initiative. The FY 2022-23 budget line item for the Non-Departmental "Opportunity Grants" is $15,000. That budget line has been exhausted. Funding for this grant is recommended to be a transfer of $5,000 from the General Fund Regular Reserve for Contingencies to the Non-Departmental "Opportunity Grants," to support the community service micro- grant request. If this request is approved, the balance of the General Fund Regular Reserve for Contingencies will be $507,145. Once awarded, it may take one to two weeks for payment to be made to the organization. • Public Information: Normal City Council agenda process • Attachments: Ordinance, Application, Disclosure Form Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 AN ORDINANCE TO TRANSFER $5,000 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO 3 NON-DEPARTMENTAL "OPPORTUNITY GRANTS" AND 4 TO AUTHORIZE A COMMUNITY SERVICES MICRO- 5 GRANT TO JEANNA'S IFEED 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $5,000 is hereby transferred from the General Fund Reserve for Contingencies 11 to Non-Departmental "Opportunity Grants." 12 13 2. A Community Service Micro-Grant in the amount of$5,000 is hereby awarded 14 to Jeanna's iFeed, a Virginia nonstock corporation, to support its "Collab to 15 Impact" initiative. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2 Budget and Management Services Ci ne s O ice CA16033 R-1 February 8, 2023 • City of + _ Virginia Beach COMMUNITY SERVICES MICRO-GRANTAPPLICATION Organization Name: - O.A134b IhLQ$ CAD() o Co 1)1tt4_ :� iJf � tic] VA Address: "1 Q � �U�� lMO& �t x)�� - -�' �,- �i Phone: 175 - 73(J `1 15(4 Email: RO 10 n(a 1) !•MAS t a2 Amount of funding requested:$ 6,ODD ($250 minimum/$5,000 maximum) City Council Sponsorship: As a member of the Virginia Beach City Council, I hereby authorize my support of this applicatio only for consideration and potential approval by the City Manager. • • • . • / 77z.3 • •• 1;1 X .... City Council Member Printed Name/Signature Date :•:•. . . • n1 • • • . • • • . ■ • • •••. • • Organization Status/Category Please select the option below that best describes your 501(c)(3)organization: c,Tax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt number. ❑Recognized government entity: state, county, or city agency, including law enforcement, fire, or EMS departments (including volunteer organizations) requesting funds exclusively for public purposes. ❑K-12 public/private school, charter school, community/junior college, state/private college, or university. []Nondenominational organization, if authorized by Virginia State Code, Section 15.2-953, with a proposed project that addresses and benefits the needs of the community at large. Page 1 of 1 ❑Non-profit organization having state, regional, or local services benefiting the residents of the City of Virginia Beach. Are you applying for funding for any of the organizations listed below?Yes D /NoX, If yes, please select the organization. [American Cancer Societyfl American Diabetes Association ❑ United Way ['American Heart Association❑ Children's Miracle Network l N/A fl Other Supporting Documentation Please type and attach the following information with your application. Applications without the following attachments will be incomplete,and not considered for approval. 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach? Please explain how (500 words or less). 2. Program/Project Description: Briefly describe your program or the service you intend to provide. Please include the following: Total project cost, other sources of funding (name, organization, 501(c)(3) status, the amount of funding provided), and the program/project implementation time line (No more than 1,000 words). 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program, service, or project you are proposing via this application? Has your organization previously? If so, please provide a written explanation. Any explanation should note the City related entity providing funding, how much funding, and how long the funding partnershiphas existed. 4. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program, service, or project outside of the item_proposed in question number three (3) above? If so, please provide a written explanation. Any explanation should note the City related entity that provided the funding, how much funding had b- I • ovidedto date, and how long the funding partnership existed. Organization Authorization/Signature: I attest that the information provided in this application is factual to the best of my knowledge and understand if such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized. I further commit that the use of grant funds authorized for my program, service, or project will be used for the designated purpose. Page 2 of 3 The City of Virginia Beach reserves the right to hold me and/or the organization I represent, via my signature below, as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the City of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures, prepared by a Certified Public Accountant (CPA), within 12 months of receiving the grant award from the City. Organization Name: JQ ( 1)C 51 (Printed Name) Authorized Agent: RPJQ n (Printed Name) p4 Authorized Agent: N.5 (kid (Pri Title) Authorized Agent: ignature) Date: oI/OIQo3 J a Jeanna's iFeed Supporting Documentation requested from page 2 of VB community services micro-grant application. 1. Answer is yes.Jeanna's iFeed nonprofit organization base out of Virginia Beach. We service the city of Virginia Beach,Chesapeake and Norfolk.Jeanna's iFeed services and programs has been servicing Virginia Beach since 2020.Serving families, homeless, seniors. 2. We are seeking funding for our Collab to Impact to the community initiatives that provides resources,wellness and meal distribution and general operation.This is held in Virginia Beach, and we service over 200 recipients.Jeanna's iFeed S01c3 nonprofit organization. Project cost $7000 3. Jeanna's iFeed is not currently receiving funding from the City of Virginia Beach for this project. 4. Jeanna's iFeed received funding in 2021 from VB Relief Nonprofit grant. Ronjeanna Harris President DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: anQ k° SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of Thy �'j�co ri G-iP,cDpyour tax return � I Financial Services (include M El lending/banking institutions and 1.�j ��j i current mortgage holders as II 3 oC& ugja n I 16 applicable) Legal Services n f7 Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. eor-riOnrk1- 44q_ I I3 APPLI ANT'S SIGNATURE PRINT NAME DATE ��wla /-S H yyy P4��^'�y Lid FOi r )7 �ijb., q.ar J o�J `wIV'J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Location for Precinct 0040 and to Request a Waiver to Administer a Split Precinct for Precinct 0069 MEETING DATE: February 21, 2023 • Background: The Virginia Beach Electoral Board (the "Electoral Board") has requested the City Council adopt an ordinance to move the polling location for Precinct 040 from Princess Anne High School to Union Baptist Church. Union Baptist Church is located at 4608 South Boulevard. A map showing this location is attached. Princess Anne High School is currently one of the schools on the list to be remodeled. The Electoral Board also requested the City Council adopt a resolution to request the State Board of Elections provide a waiver to administer a split precinct. Last year's redistricting caused a split in Precinct 0069. Precinct 0069 contains Senate Districts 20 and 22 and House Districts 95 and 100. Last, the ordinance removes obsolete text regarding the location of the Central Absentee Precinct during the November 2022 elections and updates the name of the polling location for Precinct 0017, which has been renamed "The Louis R. Jones Bayside Recreation Center." This item was deferred on February 7, 2023, to allow for the public hearing to be held on a different meeting than the vote. • Considerations: The polling location requested for Precinct 0040 meets the requirements of the Americans with Disabilities Act. The ordinance directs the Voter Registrar to seek a certificate of no objection from the Office of the Attorney General for the change in polling location. Provided such certificate is obtained, the polling location change will be administered starting with the June primary election, if such primary election is required. • Public Information: As required by the Code of Virginia, a notice of the proposed polling location change was published in the newspaper once a week for two consecutive weeks. A public hearing was held on February 7, 2023, at the City Council's Formal Sessions. An advertisement would also be placed in the newspaper prior to the June primary election, if held. If there is no June primary election, the advertisement will be placed prior to the November general election. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance; Map Requested by the Virginia Beach Electoral Board 1 AN ORDINANCE TO AMEND SECTION 10-1 OF 2 THE CITY CODE TO CHANGE THE POLLING 3 LOCATION FOR PRECINCT 0040 AND TO 4 REQUEST A WAIVER TO ADMINISTER A SPLIT 5 PRECINCT FOR PRECINCT 0069 6 7 SECTION AMENDED: § 10-1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1. Section 10-1 of the City Code is hereby amended and reordained to read as 13 follows: 14 15 Sec. 10-1. Establishment of precincts and polling places. 16 17 There are hereby established in the city the following precincts and their respective 18 polling places, as set forth below: 19 20 Precinct Polling Place 21 0001 Galilee Episcopal Church 22 3928 Pacific Avenue 23451 23 0002 Museum of Contemporary Art 24 2200 Parks Avenue 23451 25 0003 Ocean Lakes Elementary 26 1616 Upton Drive 23454 27 0004 Virginia Beach Community Chapel 28 1261 Laskin Road 23451 29 0005 Mount Olive Baptist Church 30 310 N. Birdneck Road 23451 31 0006 Alanton Elementary School 32 1441 Stephens Road 23454 33 0007 King's Grant Presbyterian Church 34 745 Little Neck Road 23452 35 0008 London Bridge Baptist Church 36 2460 Potters Road 23454 37 0009 Trantwood Elementary School 38 2344 Inlynnview Road 23454 39 0010 All Saints' Episcopal Church 40 1969 Woodside Lane 23454 41 0011 Edgar Cayce's Association for Research 42 and Enlightenment 43 215 67th Street 23451 44 0012 Lynnhaven Elementary School 45 210 Dillon Drive 23452 46 0013 Windsor Woods Elementary School 47 233 Presidential Boulevard 23452 48 0014 Malibu Elementary School 49 3632 Edinburgh Drive 23452 50 0015 Calvary Baptist Church 51 4832 Haygood Road 23455 52 0016 Bayside Sixth Grade Campus 53 4722 Jericho Road 23462 54 0017 The Louis R. Jones Bayside 55 Recreation Center 56 4500 First Court Road 23455 57 0018 Independence Middle School 58 1370 Dunstan Lane 23455 59 0019 Bayside Church of Christ 60 5025 Shell Road 23455 61 0020 Bayside Elementary School 62 5649 Bayside Road 23455 63 0021 Bettie F. Williams Elementary School 64 892 Newtown Road 23462 65 0022 Point 0' View Elementary School 66 5400 Parliament Drive 23462 67 0023 Arrowhead Elementary School 68 5549 Susquehanna Drive 23462 69 0024 St. Andrews United Methodist Church 70 717 Tucson Road 23462 71 0025 Fairfield Elementary School 72 5428 Providence Rd. 23464 73 0026 Kempsville Presbyterian Church 74 805 Kempsville Road 23464 75 0027 Kempsville Middle School 76 860 Churchill Drive 23464 77 0028 Thalia Elementary School 78 421 Thalia Road 23452 79 0029 Holland Elementary School 80 3340 Holland Road 23452 81 0030 Seatack Elementary School 82 912 S. Birdneck Road 23451 83 0031 Red Mill Elementary School 84 1860 Sandbridge Road 23456 85 0032 Oak Grove Baptist Church 86 691 Princess Anne Road 23457 87 0033 Back Bay Christian Assembly 88 1212 Princess Anne Road 23457 89 0034 Blackwater Fire Station 90 6009 Blackwater Road 23457 91 0035 Kellam High School 92 2665 West Neck Road 23456 93 0036 Red Church Steeple 94 245 S. Rosemont Rd 23452 95 0037 Bayside Baptist Church 96 1920 Pleasure House Road 23455 97 0038 Bayside Presbyterian Church 98 1400 Ewell Road 23455 99 0039 Pembroke Elementary School 100 4622 Jericho Road 23462 101 0040 Union Baptist Church 102 4608 South Boulevard 23452 103 Princess Anne High School 104 11400 Virginia Beach Boulevard 23162 105 0041 College Park Elementary School 106 1110 Bennington Road 23464 107 0042 Brandon Middle School 108 1700 Pope Street 23464 109 0043 Salem Middle School 110 2380 Lynnhaven Parkway 23464 111 0044 Centerville Elementary School 112 2201 Centerville Turnpike 23464 113 0045 White Oaks Elementary School 114 960 Windsor Oaks Boulevard 23462 115 0046 Green Run Elementary School 116 1200 Green Garden Circle 23453 117 0047 King's Grant Elementary School 118 612 N Lynnhaven Road 23452 119 0048 WAVE Church 120 1000 N. Great Neck Road 23454 121 0049 John B. Dey Elementary School 122 1900 N. Great Neck Rd. 23454 123 0050 The Gathering at Scott Memorial 124 United Methodist Church 125 409 First Colonial Road 23454 126 0051 Kempsville Area Library 127 832 Kempsville Road 23464 128 0052 Providence Presbyterian Church 129 5497 Providence Road 23464 130 0053 Kempsville Elementary School 131 570 Kempsville Road 23464 132 0054 Landstown High School 133 2001 Concert Drive 23456 134 0055 Virginia Beach Moose Family Center 135 3133 Shipps Corner Road 23453 136 0056 St. Aidan's Episcopal Church 137 3201 Edinburgh Drive 23452 138 0057 St. Matthew Catholic Church 139 3314 Sandra Lane 23464 140 0058 Glenwood Elementary School 141 2213 Round Hill Drive 23464 142 0059 Shelton Park Elementary School 143 1700 Shelton Road 23455 144 0060 WAVE Church 145 2655 Seaboard Road 23456 146 0061 Ebenezer Baptist Church 147 965 Baker Road 23455 148 0062 Restoration Church at Landstown 149 3220 Monet Drive 23453 150 0063 Ocean Lakes High School 151 885 Schumann Drive 23454 152 0064 Rosemont Forest Elementary School 153 1716 Grey Friars Chase 23456 154 0065 Colonial Baptist Church 155 2221 Centerville Turnpike 23464 156 0066 Princess Anne Recreation Center 157 1400 Nimmo Parkway 23456 158 0067 Eastern Shore Chapel 159 2020 Laskin Road 23454 160 0068 Providence Elementary School 161 4968 Providence Road 23464 162 0069 Unity Church of Tidewater 163 5580 Shell Road 23455 164 0070 Corporate Landing Middle School 165 1597 Corporate Landing Parkway 23454 166 0071 Salem High School 167 1993 Sun Devil Drive 23464 168 0072 W. T. Cooke Elementary School 169 1501 Mediterranean Avenue 23451 170 0073 Green Run High School 171 1700 Dahlia Drive 23453 172 0074 Rosemont Elementary School 173 1257 Rosemont Rd. 23453 174 0075 Lynnhaven Colony Congregational Church 175 2217 W. Great Neck Road 23451 176 0076 Thalia Lynn Baptist Church 177 4392 Virginia Beach Boulevard 23462 178 0077 Plaza Annex 179 641 Carriage Hill Rd 23452 180 0078 Indian Lakes Elementary School 181 1240 Homestead Drive 23464 182 0079 Emmanuel Episcopal Church 183 5181 Singleton Way 23462 184 0080 Kingdom Cathedral 185 3820 Stoneshore Road 23452 186 0081 Salem Elementary School 187 3961 Salem Lakes Boulevard 23456 188 0082 Christopher Farms Elementary School 189 2828 Pleasant Acres Drive 23453 190 0083 Strawbridge Elementary School 191 2553 Strawbridge Road 23456 192 0084 Tallwood Elementary School 193 2025 Kempsville Road 23464 194 0085 Three Oaks Elementary School 195 2201 Elson Green Avenue 23456 196 0086 Haygood United Methodist Church 197 4713 Haygood Road 23455 198 0087 New Castle Elementary School 199 4136 Dam Neck Road 23456 200 0088 Hope Haven 201 3000 North Landing Road 23456 202 0089 New Covenant Presbyterian Church 203 1552 Kempsville Road 23464 204 0090 Morning Star Baptist Church 205 4780 First Court Road 23455 206 0091 Larkspur Middle School 207 4696 Princess Anne Road 23462 208 0092 Lynnhaven United Methodist Church 209 1033 Little Neck Road 23452 210 0093 Enoch Baptist Church Family Life Center 211 5685 Herbert Moore Road 23462 212 0094 Plaza Middle School 213 3080 S. Lynnhaven Road 23452 214 0095 Corporate Landing Elementary School 215 1590 Corporate Landing Parkway 23454 216 0096 Freedom Fellowship 217 836 Regency Drive 23454 218 0097 San Lorenzo Spiritual Center 219 4556 Indian River Rd. 23456 220 0098 Windsor Oaks Elementary School 221 3800 Van Buren Drive 23452 222 0099 Parkway Elementary School 223 4180 O'Hare Drive 23456 224 0100 Tabernacle United Methodist Church 225 1265 Sandbridge Rd. 23456 226 0101 Luxford Elementary School 227 4808 Haygood Road 23455 228 0102 Diamond Springs Elementary School 229 5225 Learning Circle 23462 230 0103 Kempsville Meadows Elementary School 231 736 Edwin Drive 23462 232 0104 Woodstock Elementary School 233 6016 Providence Road 23464 234 0105 Pembroke Meadows Elementary School 235 820 Cathedral Drive 23455 236 0106 Thalia United Methodist Church 237 4321 Virginia Beach Boulevard 23452 238 0107 Linkhorn Park Elementary School 239 977 First Colonial Road 23454 240 0108 The Gala 417 241 2105 W. Great Neck Road 23451 242 Central Absentee Voter Agriculture/Voter Registrar Building 243 Precinct 244 245 , 246 , 247 , 248 249 250 election. 251 252 2. The City Council hereby requests the State Board of Elections provide a waiver to 253 administer a split precinct for Precinct 0069, which contains Senate Districts 20 254 and 22 and House Districts 95 and 100. 255 256 3. The Voter Registrar and the City Attorney are hereby directed to seek a 257 certification of no objection from the Office of the Attorney General using the 258 preclearance procedure provided by Virginia Code § 24.2-129(D) for the precinct 259 change authorized herein. The precinct change shall not be administered unless 260 and until the Attorney General has provided such certification or if 60 days lapses 261 without the Attorney General interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO CQNTENT: APPROVED AS TO LEGAL SUFFICIENCY: ti Voter Registrar ` `.0 ity A orn 's Office CA16024 R-1 January 26, 2023 040 — Union Baptist Church located at 4608 South Boulevard, 23452. pN R. ., ch Qy 011Gh�Qa ae , ,„, , 0 _.------11, 9 ' Remington LI F• wend"):. Days inn by 4iiy `` Fast c Wyndham Virginia •�. MsV` O ®3C*t6M Wo 2-ste+re Best Buy �j1 EKcron.cs store __Q - =8 L Food Marto r Eon.enrcrvt sto•e M sa f.. Ce' of Parks Ze,gle+�LLC �:04s1:6".vslia4c4.7: �� Attar ys At Law o Extended Stay America Virginia Beach Huffman 8 Huffman ©3 6*iscri dw. sts*nc+te u� 9 Dragas Companies e. `.., .- if I qffi a eac xp I'm.A.n 4ceo V'"9"t'aBeach.ExpY �e stone s : t Wo S�*:^y S-,:es r--- vt+g n Seac AvQ na Heafthcar� outN�a��`_ acn�` r.�,. Q--� y .•s SAI' �rli °4 Mintess :cam 9 virgiroa Bra: o 0y 0''V rgtn•a Law G o,p �o �v.= .�..Club n� N. z...., err, o , r•partments FedEx Drop Cnorce incur. a A' gency Y o NVR Settlement Services9 ® `` n o.4N 9 oEye C tPedtatric Recording studio �'� The Ma C vStanle © Abacus Staffing Ferguson Bath,Kitchen ernes Accounting 4 O r 2,. ,' 8 Lighting Gallery e eat•voo•n supdy ro.e© N. Union Baptist Church is currently the emergency polling location for 040. Union Baptist Church is about .16 miles from the precinct's border. The old location, Princess Anne High School is about .5 miles from precinct's border. The church is about .25 miles from a public bus stop. [ •...... `eft ,r''ra'f ��'yLi i=� ` 27' `t I,. w CITY OF VIRGINIA BEACH AGENDA ITEM IN ITEM: An Ordinance to Amend Chapter 35.5 of the City Code Pertaining to Commercial Property Assessed Clean Energy (C-PACE) Financing and Resiliency Program MEETING DATE: February 21, 2023 • Background: On October 5, 2021, the City Council authorized by ordinance the creation of a City of Virginia Beach C-PACE Program. C-PACE offers a financing option for commercial property owners and new construction developers to fund clean energy, resiliency, and stormwater management improvements. Since that time the City has contracted through cooperative procurement with a third party, Virginia PACE Authority, to administer the program for Virginia Beach. There have been no applications received to date. In the fall of 2022, the Commonwealth made changes to the program that make it a statewide uniform program, expanded the scope of covered improvements, and provides for the City to enter into a contract with the Virginia Department of Energy ("Virginia Energy") for the administration of the program. A revised ordinance must be adopted in order for the City's program to be consistent with the changes made by the Commonwealth. C-PACE programs allow a commercial property owner to finance the up-front cost of energy or other eligible improvements on a property and then pay the costs back over time through a voluntary assessment. A C-PACE assessment is a debt of the property, meaning the debt is tied to the property as opposed to the property owner(s). The C- PACE assessment has the same priority status as local property taxes. By leveraging a voluntary assessment lien against participating properties, C-PACE financing is generally less expensive than commercial loans. Eligible C-PACE properties include office, multi-family, industrial, retail, hotel, agriculture and non-profit. Examples of eligible projects are heating and ventilation, lighting, water pumps, insulation, solar panels, motors, roof construction, and resiliency projects that reduce the impact to a building for water infiltration from flooding or wind-related events. Under the revised authority from the Commonwealth, the City may adopt the statewide C-PACE program and contract with Virginia Energy for administration of the program. Virginia Energy has contracted with the Virginia PACE Authority (VPA) to carry out the administration of the program on their behalf. In addition, the changes to state law allow the city to delegate enforcement authority to the C-PACE Capital Provider that makes the loan. This allows the City, if desired, to avoid expending staff time and effort in the case of a default. Additional changes allow the financing of the following types of improvements under the revised C-PACE program: • Safe drinking water, environmental remediation, and electric vehicle (EV) infrastructure • Common areas of cooperatives and Property Owner's Associations eligible resiliency improvements that increase the capacity of a structure or infrastructure to withstand or recover from natural disasters, the effects of climate change, and attacks and accidents, including, but not limited to: o Flood mitigation or the mitigation of the impacts of flooding o Inundation adaptation o Natural or nature-based features and living shorelines o Enhancement of fire or wind resistance o Microgrids, energy storage • Considerations: The following steps could be taken: • The City Council adopts the proposed revised ordinance. • The City terminates its existing contract and enters into a new agreement with Virginia Energy to administer the program. • Virginia PACE Authority markets and promotes the program and begins to administer the program as Virginia Energy's agent, on behalf of the City. Without adopting this program, Virginia Beach's program would not be consistent with existing state authority, which may make it difficult to administer. • Public Information: Public information will be provided through the normal City Council agenda process and via the Economic Development website (www.yesvirginiabeach.com) and the Virginia PACE Authority website (www.virginiapace.com) • Attachments/Resources: C-PACE Revised Ordinance, Virginia Energy/Locality C-PACE Program Agreement Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: ppro 1 AN ORDINANCE TO AMEND CHAPTER 35.5 2 OF THE CITY CODE PERTAINING TO 3 COMMERCIAL PROPERTY ASSESSED CLEAN 4 ENERGY (C-PACE) FINANCING AND 5 RESILIENCY PROGRAM 6 7 Sections Amended: §§ 35.5-1 through 35.5-8 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That Chapter 35.5 is hereby amended to the Code of the City of Virginia Beach 13 and ordained to read as follows: 14 15 CHAPTER 35.5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY(C-PACE) 16 FINANCING AND RESILIENCY PROGRAM 17 18 Article I. - In General 19 20 Sec. 35.5-1. Purpose. 21 22 The purpose of this Chapter is to create a "The City of Virginia Beach Commercial 23 Property Assessed Clean Energy (C-PACE) Financing Program," to operate in 24 coordination with the statewide C-PACE program, all in accordance with the 25 Commonwealth of Virginia's Clean Energy Financing Law, Va. Code § 15.2-958.3 26 (hereinafter the "C-PACE Act"). The local and statewide C-PACE Programs, working 27 together, will facilitate Loans made by Capital Providers to Property Owners Borrowers 28 to finance Eligible Improvements thereon renewable energy pro 29 facilities, energy efficiency improvements, water usage efficiency, resiliency and 30 31 32 this ordinance provided 33 PACE Act. Subject to the limitations set forth in this Chapter, the C-PACE Act, or other 34 applicable law, each C-PACE Loan, inclusive of principal, interest, and any financed fees, 35 costs, or expenses, will be secured by a voluntary special assessment lien on the property 36 that is the subject of such Loan. 37 38 Sec. 35.5-2. — Definitions. 39 40 Assessment Payment Schedule means the schedule of installments of C-PACE 41 Payments to be made in the repayment of the C-PACE Loan, which shall be attached as 42 Exhibit B to the C-PACE Program Agreement. 43 44 ; 45 successor in title to the Borrower. 1 46 47 48 49 , 50 or in bankruptcy proceedings, and (iii) that the title of the Property is not in dispute, as 51 52 53 54 Capital Provider means (i) a private lending institution that has been approved by 55 the Program Administrator in accordance with the Program Guide to originate a C-PACE 56 Loan and its successors and assigns; or (ii) the current holder of a C-PACE Loan. 57 58 City means the City of Virginia Beach, Virginia. 59 60 Clerk's Office means the Office of the Clerk of the Circuit Court of the City of 61 Virginia Beach, Virginia. 62 63 Commonwealth means the "Commonwealth of Virginia." 64 65 Council means the City Council of the City of Virginia Beach, Virginia. 66 67 C-PACE means Commercial Property Assessed Clean Energy. 68 69 C-PACE Act means Virginia's "financing clean energy programs" law, § 15.2-958.3 70 of the Va. Code. 71 72 C-PACE Amendment means an amendment of the C-PACE Lien executed by 73 Capital Provider, the Property Owner and the Program Manager, without consent from 74 Borrower, as permitted in the C-PACE Documents, which C-PACE Amendment shall be 75 recorded in the Clerk's Office to evidence each amendment to the C-PACE Loan. 76 77 C-PACE Assignment(CP) means a written assignment by one Capital Provider to 78 another Capital Provider of the C-PACE Payments and/or C-PACE Lien pursuant to the 79 terms of the assignment document. 80 81 C-PACE Assignment (Locality) means a written assignment by the City to the 82 Capital Provider to whom the C-PACE Loan is then due, wherein the City relinquishes 83 and assigns its right to enforce the C-PACE Lien to the Capital Provider, substantially in 84 the form attached as Addendum 1 to the C-PACE Lien Certificate. 85 86 C-PACE Documents means the C-PACE Program Agreement, Financing 87 Agreement, C-PACE Lien Certificate, C-PACE Note, C-PACE Assignment (CP) (if any), 88 C-PACE Assignment (Locality) (if any), C-PACE Amendment (if any), and any other 89 document, agreement, or instrument executed in connection with a C-PACE Loan. 90 2 91 C-PACE Lien or Lien means the voluntary special assessment lien levied against 92 the Property as security for the C-PACE Loan. 93 94 C-PACE Lien Certificate means the voluntary special assessment lien document 95 duly recorded among the Land Records against an Eligible Property to secure a C-PACE 96 Loan. 97 98 C-PACE Loan or Loan means a loan from a Capital Provider to 99 finance a Project, in accordance with the Program Guidelines. 100 101 C-PACE Note mcans a promissory note executed by Borrower made payable to 102 Loan, including without 103 limitation, any and all modifications, restructurings, extensions, consolidations, 104 amendments and/or assignments t.h form of which C PACE Note is attached to 105 the C-PACE Program Agreement. 106 107 C-PACE Payment means the periodic installment payments of the C-PACE Loan 108 by a Property Owner Borrower, due and payable to the City or Capital Provider or 109 Program Administrator as permitted by the C-PACE Act in such amounts and at such 110 times as described in the Assessment Payment Schedule C-PACE Documents. 111 112 C-PACE Program or Program means the program established by the City through 113 this Chapter, in accordance with the C-PACE Act, that in coordination with the Statewide 114 Program facilitates the financing of Eligible Improvements and provides for a C-PACE 115 Lien to be levied and recorded against the Property to secure the C-PACE Loan. 116 117 C-PACE Program Agreement means the Agreement executed between the 118 Property Owner , the Treasurer City, and the Capital Provider, and their 119 respective successors and assigns, which includes the terms and conditions for 120 participation in the C-PACE Program and the Property Owner's ; the Borrower's 121 acknowledgment and consent for the City to impose a voluntary special assessment,an-d 122 record a C-PACE Lien Certificate against the Property Owner's Borrower's Eligible 123 Property and, if the City so determines, assign the rights to enforce the C-PACE Lien and 124 C-PACE Lien Certificate to the Capital Provider(and if so assigned, also a consent of the 125 Treasurer to such assignment). ; and a summary of the terms of the C-PACE Loan. A 126 copy of the draft The C-PACE Program Agreement shall be substantially in the form 127 attached hereto as Appendix A. i-s chided herein °ppendi„ --1 128 129 Clerk's Office means the Clerk of the Circuit Court's Office of the City of Virginia 130 Beach, Virginia. 131 132 Delinquent Payment means any C-PACE Payment that was not paid by a Property 133 Owner Borrower in accordance with the C-PACE Documents. 134 135 Eligible Improvement means the initial acquisition and installation of any of the 136 following improvements made to Eligible Properties: 3 137 (1) Energy efficiency improvements; 138 (2) Water efficiency and safe drinking water improvements; 139 (3) Renewable energy improvements; 140 (4) Resiliency improvements; 141 (5) Stormwater management improvements; 142 (6) Environmental remediation improvements; and 143 (7) Electric vehicle infrastructure improvements. 144 145 Eligible Improvements may be made to both existing Properties and new construction, 146 clean energy, energy efficiency, water efficiency, resiliency or stormwatcr management 147 , as further prescribed in 148 this Chapter and the Program Guidelines. The Eligible Improvements shall include types 149 of authorized improvements enacted by the General Assembly to the C-PACE Act after 150 the date of adoption of this Chapter, ordinarc without need for a conforming amendment 151 of this Chapter. In addition to the elaboration on the types of Eligible Improvements 152 provided in Sec. 35.5-4, below, a Program Administrator may include in its Program 153 Guidelines or other administrative documentation definitions, interpretations, and 154 examples of Eligible Improvements. 155 included in the C-PACE Act. 156 157 Eligible Property or Property means all assessable commercial real estate property 158 located within the City, with all buildings located or to be located thereon, whether vacant 159 or occupied, improved or unimproved, and regardless of whether such real estate is 160 currently subject to taxation by the City, excluding i) a residential dwelling with fewer than 161 five (5) units, and (ii) a residential condominium as defined in Va. Code § 55.1-2100. 162 Common areas of real estate owned by a cooperative or a property owners' association 163 described in Va. Code Title 55.1, Subtitle IV (§55.1-1800 et seg.), that have a separate 164 real property tax identification number are Eligible Properties. Eligible Properties shall be 165 eligible to participate in the C-PACE Program. 166 167 Financing Agreement means the written agreement, as may be amended, 168 modified, or supplemented from time to time, between a Property Owner and a 169 Capital Provider, regarding matters related to the extension and repayment of a C-PACE 170 Loan to finance Eligible Improvements. The Financing Agreement may contain any lawful 171 terms agreed to by the Capital Provider and the Property Owner. 172 173 Land Records means the land records of the Clerk's Office. of-th-c City of Virginia 174 Beach Circuit Court. 175 176 Lender Consent means a written subordination agreement executed by each 177 mortgage or deed of trust lienholder with a lien on the Property that is the subject of a C- 178 PACE Loan, which allows the C-PACE Lien to have senior priority over the mortgage or 179 deed of trust liens. 180 4 181 Loan Amount means the original principal amount of the C- 182 PACE Loan., inclusive of principal, interest, and any financed fees, costs, and/or 183 expenses, as provided for in the C-PACE Documents. 184 185 Locality Agreement means the Virginia Energy — Locality Commercial Property 186 Assessed Clean Energy Agreement between Virginia Energy and the City pursuant to 187 which the City elects to participate in the Statewide Program. The Locality Agreement 188 shall be substantially in the form attached hereto as Exhibit B. 189 190 Program means the City C-PACE financing program established to provide C- 191 , 192 Documents, and the Program Guide. 193 194 Program Administrator means the private third party retained by Virginia Energy to 195 provide professional services to administer the Statewide Program person or entity 196 in accordance with the requirements of the 197 C-PACE Act, this Chapter, the Locality Agreement and the Program Guidelines. 198 199 Program Fee(s) means the fee(s) authorized by the C-PACE Act and charged to 200 participating Property Owners to cover the costs to design and administer the 201 Statewide Program, including, without limitation, compensation of the Program 202 Administrator,and recovery of expenses incurred by the City. While Capital Providers are 203 required to service their C-PACE Loans, if a Capital Provider does not do so and the 204 Program Administrator assumes the servicing responsibilities and charges a servicing 205 fee, the servicing fee shall also be included among the Program Fees. 206 207 Program Guidelines means a comprehensive document setting forth the 208 procedures, eligibility rules, restrictions, Program Fee(s), responsibilities, and other 209 requirements applicable to the governance and administration of the Statewide Program. 210 211 Program Manager means the City Manager or such person designated in writing 212 by the City Manager to (i) supervise the City's C-PACE Program, (ii)an4 act as liaison with 213 the Program Administrator and (iii) advise the Program Administrator as to who will sign 214 the C-PACE Documents to which the Locality is a party on the Locality's behalf. If the 215 employee of the City who customarily signs agreements for the Locality is not the person 216 designated as Program Manager, then references in this Ordinance and in the C-PACE 217 Documents to the Program Manager signing certain C-PACE Documents on behalf of the 218 Locality shall be construed to also authorize such customary signatory for the City to 219 execute such C-PACE Documents. 220 221 Project means the construction or installation of Eligible Improvements on Eligible 222 Property. 223 224 Property Owner means (i) the Property Owner(s) of Eligible Property who 225 voluntarily obtain(s) a C-PACE Loan from a Capital Provider in accordance with the 226 Program Guidelines; or (ii) a successor in title to the Property Owner. 5 227 228 Property Owner Certification means a notarized certificate from Property Owner, 229 certifying that (i) Property Owner is current on payments on Loans secured by a mortgage 230 or deed of trust lien on the Property and on real estate tax payments, (ii) that the Property 231 Owner is not insolvent or in bankruptcy proceedings, and (iii) that the title of the Property 232 is not in dispute, as evidenced by a title report or title insurance commitment from a title 233 insurance company acceptable to the Program Administrator and Capital Provider. 234 235 236 237 238 Stabilized Occupancy means the occupancy level th 239 240 241 properties. 242 243 Statewide Program means the statewide C-PACE financing program sponsored 244 by Virginia Energy, established to provide C-PACE Loans to Property Owners in 245 accordance with the C-PACE Act, this Chapter, the Locality Agreement, the C-PACE 246 Documents and the Program Guidelines. 247 248 Useful Life means the normal operating life of the fixed asset. as determined by 249 250 251 Virginia Code or Va. Code means the Code of Virginia of 1950, as amended. 252 253 Virginia Energy means the Virginia Department of Energy. 254 255 Sec. 35.5-3. - Effective date. 256 257 This Chapter shall become effective immediately following its adoption. 258 259 ARTICLE II. - PROGRAM STRUCTURE 260 261 Sec. 35.5-4. - C-PACE Program; Eligible Improvements. 262 263 (a) C-Pace Program. The C-PACE Program shall be available throughout the City of 264 Virginia Beach, provided that the Property Owner Borrowcr, the Property, a-► d the 265 proposed Eligible Improvements, the Capital Provider and the principal contractors 266 all qualify for the Statewide Program. The following types of Eligible Improvements 267 may be financed with a C-PACE Loan: 268 269 (1) Renewable energy production and distribution facilities (e.g., solar 270 photovoltaic, fiber optic solar, solar thermal, wind, wave and/or tidal energy, 271 biomass, combined heat and power, geothermal and fuel cells), whether 272 attached to a building or sited on the ground, and the storage and/or 6 273 distribution of the energy produced thereby, whether for use on-site or sale 274 or export to a utility or pursuant to a power purchase agreement with a non- 275 utility purchaser; and the storage 276 thereby); 277 278 (2) Energy usage efficiency systems (e.g., high efficiency lighting and building 279 systems, heating, ventilation, and air conditioning (HVAC) upgrades, air 280 duct sealing, high efficiency hot water heating systems, building shell or 281 envelope improvements, reflective roof, cool roof, or green roof systems, 282 and/or weather-stripping), or other capital improvements or systems which 283 result in the reduction of consumption of energy over a baseline established 284 in accordance with Program Guidelines; 285 286 (3) Water usage efficiency and safe drinking water improvements (e.g., 287 recovery, purification, recycling, and other forms of water conservation) or 288 other capital improvements or systems which result in the reduction of 289 consumption of water over a baseline established in accordance with 290 Program Guidelines; 291 292 (4) Resiliency improvements which increase the capacity of a structure or 293 infrastructure to withstand or recover from natural disasters, the effects of 294 climate change, and attacks and accidents, including, but not limited to: 295 296 a. Flood mitigation or the mitigation of impacts of flooding; 297 b. Inundation adaptation; 298 c. Natural or nature-based features and living shorelines, as defined in 299 Va. Code § 28.2-104.1; 300 d. Enhancement of fire or wind resistance, including but not limited to 301 reinforcement and insulation of a building envelope to reduce the 302 impacts of excessive heat or wind; 303 e. Microgrids; 304 f. Energy storage; and 305 g. Enhancement of resilience capacity of a natural system, structure, 306 or infrastructure. 307 may include mitigation of flooding or the impacts of flooding or stormwater 308 management 309 living shorelines as defined in Va. Code § 28.2-104.1. 310 311 (5) Stormwater management improvements that reduce onsite stormwater 312 runoff into a stormwater system, such as reduction in the quantity of 313 impervious surfaces or providing for the onsite filtering of stormwater; 314 315 (6) Environmental remediation improvements, including but not limited to: 316 a. Improvements that promote indoor air and water quality; 317 b. Asbestos remediation; 318 c. Lead paint removal; and; 7 319 d. Mold remediation; 320 321 (7) Soil or groundwater remediation; 322 323 (8) Electric vehicle infrastructure improvements such as charging stations; 324 325 (9) Construction, renovation, or retrofitting of a Property directly related to the 326 accomplishment of any purpose listed in subsections (1) — (8), (2), (3) or(4) 327 above, whether such Eligible Improvement was erected or installed in or on 328 a building or on the ground; it being the express intention of the City to allow 329 Eligible Improvements that constitute, or are a part of, the construction of a 330 new structure or building to be financed with a C-PACE Loan; OF and 331 332 (10) Any other category of improvement (i) approved by the Program 333 Administrator with the consent of the Program Manager as qualifying for 334 financing under the Statewide Program, in accordance with the C-PACE Act 335 ( and the Program including amendments thereto which authorize additional 336 types of to the C-PACE Act authorizing additional Eligible Improvements), or 337 (ii) added by the General Assembly to the C-PACE Act after the date of 338 adoption of this Chapter, without need for a conforming amendment of this 339 Chapter. In addition, a Program Administrator may include in its Program 340 Guidelines or other administrative documentation definitions, interpretations 341 and examples of these categories of Eligible Improvements. 342 343 (b) Use of C-PACE Loan Proceeds. The proceeds of a C-PACE Loan may be used to 344 pay for the construction, development, and consulting costs directly related to 345 Eligible Improvements, including without limitation, the cost of labor, materials, 346 machinery, equipment, plans, specifications, due diligence studies, consulting 347 services (e.g., engineering, energy, financial, and legal), Program Fees, C-PACE 348 Loan fees, capitalized interest, interest reserves, and C-PACE transaction 349 underwriting and closing costs. 350 351 (c) Program Applications; Prioritization. The Program Administrator shall make 352 available the Statewide Program's Program application process, to 353 provide for the review and approval of proposed Eligible Improvements 354 and C-PACE Documents. Program applications will be processed by the Statewide 355 Program in accordance with the on a first come, first serve basis; providcd, 356 however, that the applicant ►soots eligibility requirements and procedures as set 357 forth in the Program Guidelines. 358 359 Sec. 35.5-5. - C-PACE Loan Requirements; Program Fees; Reporting; Program 360 Administrator; Program Guide. 361 362 (a) Source of Loans. C-PACE Loans shall be originated by Capital Providers. The City 363 and/or its respective governmental entities shall have no obligation to originate or 364 guarantee any C-PACE Loans. 8 365 366 (b) C-PACE Loan Amount Thresholds. The minimum Loan Amount that may be 367 financed for each Project is fifty thousand dollars ($50,000). There is no maximum 368 aggregate amount that may be financed with respect to an Eligible Property, 369 except as stipulated in the Program Guidelines. There shall be no limit on the total 370 value of all C-PACE Loans issued under the C-PACE Program. 371 372 (c) C-PACE Loan Refinancing or Reimbursement. The Program Administrator may 373 approve a loan application submitted within two years of the City's issuance of a 374 certificate of occupancy or other evidence that the Eligible Improvements comply 375 substantially with the plans and specifications previously approved by the City of 376 Virginia Bcach and that such loan may refinance or reimburse the Property Owner 377 Borrower for the total costs of such Eligible Improvements. 378 379 (d) C-PACE Loan Interest. The interest rate of a C-PACE Loan shall be as set forth in 380 the C-PACE Documents. 381 382 (e) C-PACE Loan Term or "Term". The term of a C-PACE Loan shall not exceed the 383 weighted average Useful Life of the Eligible Project Improvements, as determined 384 by the Program Administrator. or thirty (30) years, whichever is less. 385 386 (f) Apportionment of Costs. All of the costs incidental to the financing, administration, 387 collection, and/or enforcement of the C-PACE Loan shall be borne by the Property 388 Owner Beffewec. 389 390 (g) Financing Agreements. Capital Providers may use their own Financing 391 Agreements for C-PACE Loans, but the Financing Agreement may not conflict with 392 the provisions of this Chapter, the C-PACE Act, or the C-PACE Program 393 Agreement. To the extent of any conflict, this Chapter, the C-PACE Act, and the 394 C-PACE Program Agreement shall prevail. 395 396 (h) C-PACE Program Agreement. In order to participate in the C-PACE Program, 397 Property Owner Befrowec and Capital Provider shall enter into a C-PACE Program 398 Agreement with the City, which sets forth certain terms and conditions for 399 participation in the City's C-PACE Program. The Program Manager is authorized 400 to approve the C-PACE Loan and execute the C-PACE Program Agreement 401 Documents on behalf of the City without further action by the City Council. The 402 Treasurer is also authorized to execute the C-PACE Program Agreement without 403 further action by the City Council. The C-PACE Program This Agreement shall be 404 binding upon the parties thereto and their respective successors and assigns until 405 the C-PACE Loan is paid in full. The Program Administrator may modify the The 406 C-PACE Program Agreement may be modified as necessary to further the 407 Statewide Program's purpose and to encourage Program participation, 408 , 409 Manager and City Attorney, so long as such modifications do not conflict with the 410 Program Guidelines, this Chapter, the Locality Agreement or the C-PACE Act. 9 411 412 (i) Repayment of C-PACE Loan; Collection of C-PACE Payments. C-PACE Loans 413 will be repaid by the Property Owner through C-PACE Payments made 414 in the amounts and at such times as set forth in the Assessment Payment 415 Schedule, the C-PACE Documents and Program Guidelines. The Capital Provider 416 shall be responsible, subject to and in accordance with the terms of the C-PACE 417 Program Agreement and other C-PACE Documents, for the servicing of the C- 418 PACE Loans and the collection of C-PACE Payments. If a Capital Provider fails 419 to service a C-PACE Loan, such C-PACE Loan shall be serviced by the Program 420 Administrator. In the alternati„o C_D4CE I oans may ae servicr d by the, rogram -rr-ru�r��,--v-ra,., 421 . Nothing herein shall prevent the Capital Provider or Program 422 Administrator from directly billing and collecting the C-PACE Payments from the 423 Property Owner Borrower to the extent permitted by the C-PACE Act or other 424 applicable law. The enforcement of C-PACE Loans and their C-PACE Documents 425 during an event of default thereunder is governed by Section 35.5-6. 426 427 (j) C-PACE Loan Assumed. A party which acquires a Property which is subject to a 428 C-PACE Lien, 429 unpaid C-PACE Payments, whether it obtained ownership of the Property 430 voluntarily or involuntarily, becomes the Property Owner under the C-PACE 431 Documents and, by virtue of the C-PACE Lien running with the land, assumes the 432 obligation to repay all remaining unpaid C-PACE Payments which are due upon 433 acquisition of the Property, if any, and which accrue during such successor 434 Property Owner's Borrower's period of ownership. Only the current C-PACE 435 Payment and any Delinquent Payments, together with any penalties, fees and 436 costs of collection, shall be payable at the settlement of a Property upon sale or 437 transfer, unless otherwise agreed to by the Capital Provider. 438 439 (k) Transfer of C-PACE Loans. C-PACE Loans may be transferred, assigned, or sold 440 by a Capital Provider to another Capital Provider at any time until the C-PACE 441 Loan is paid in full provided that Capital Provider shall (i) notify the Property Owner 442 Borrower and Program Administrator prior to the billing date of the next C-PACE 443 Payment due (and within thirty (30) days if the C-PACE Loan is serviced by the 444 Program Administrator), (ii) record a C-PACE Loan Assignment (CP) among the 445 Land Records, and (iii) deliver a copy of the recorded C-PACE Assignment (CP) 446 to the Property Owner , City, and Program Administrator. as sct forth in 447 Recordation of the C-PACE 448 Assignment (CP) shall constitute an assumption by the new Capital Provider of 449 the rights and obligations of the original Capital Provider contained in the C-PACE 450 Documents. 451 452 (I) Program Fees. The Statewide Program will be self-financed through Program 453 Fees charged to participating Property Owners Borrowers together with any funds 454 budgeted by the General Assembly to support the Statewide Program. The 455 Program Fees are established to cover the actual and reasonable costs to design 456 and administer the Statewide Program, including the compensation of a third-party 10 457 Program Administrator. g A be sec as a percenntage-fee ofvf the 458 C-PACE Loan paid at closing. The amount(s) of the Program Fees shall be set 459 forth in the Program Guidelines. Program Fees may be changed by the Program 460 Administrator Managef from time to time and shall only apply to C-PACE Loans 461 executed after the date the revised Fees are adopted. 462 463 464 C_PoCE Lea► no y -J' V V' V' , 465 466 (n) Reporting. The City may require the Capital Provider and/or the Program 467 468 , 469 or other Program statistics as required in the Program Guide. 470 471 (o) Program Administrator. In accordance with the cooperative procurement 472 provisions included in the Virginia Public Procurement Act, Va. Code §§ 2.2 4300, 473 et seq., the City may engage, to operate the City's Program, a Program 474 475 Virginia jurisdiction pursuant to a procurement process which allowed other 476 Virginia jurisdictions to cooperatively procure a Program Administrator thereunder. 477 Alternatively, the City may competitively procure a Program Administrator by 478 inistrator. In either event 479 isd+ctions to cooperatively procure the services 480 of the City's Program Administrator. Program Administrator shall indemnify, defend 481 482 483 484 the City was extended under such joint and cooper 485 486 (p) Locality Agreement. The City shall opt into the Statewide Program by entering into 487 the Locality Agreement, adopting the Statewide Program as the City's own C- 488 PACE Program. In accordance with the C-PACE Act, opting into the C-PACE 489 Program shall not require the City to conduct a competitive procurement process. 490 The Program Manager is authorized to execute the Locality Agreement on behalf 491 of the City without further action by the City Council. 492 493 (q) Program Guidelines. The Program Administrator, under the direction of and in 494 consultation with Virginia Energy, has designed the Program Guidelines Guide 495 shall be developed by the Program Administrator under the direction of and in 496 497 amendments thereto shall become effective only (i)to the extent that the Program 498 , 499 500 The Program Guide will be designed to create an open, competitive, and efficient 501 C-PACE Program. The Program Administrator may modify the Program Guidelines 502 from time to time provided such amendments are (i) consistent with the C-PACE 11 503 Act and (ii) approved by Virginia Energy before taking effect. subject te-the 504 opprov 505 506 507 (r) Indemnification. The Program Administrator shall indemnify, defend and hold the 508 City harmless against any claim brought against the City or any liability imposed 509 on the City as a result of any action or omission to act by the Program 510 Administrator. 511 512 Sec. 35.5-6. - Levy of assessment; recordation; priority; amendment; enforcement 513 and collection costs. 514 515 (a) Levy of Voluntary Special Assessment Lien. Beginning „ h-e effecti„e da this 516 ChapterEach C-PACE Loan made under the C-PACE Program shall be 517 secured by , the City shall levy a voluntary special assessment lien (i.e. a C-PACE 518 Lien) levied by the City against each Property benefitting from Eligible 519 Improvements financed by such C-PACE Loan. The C-PACE Lien shall be in the 520 Loan Amount, but shall secure not only the principal of the C-PACE Loan, but also 521 all interest, delinquent interest, late fees, penalties, Program Fees, and collection 522 costs (including attorneys' fees and costs) payable in connection therewith. with 523 , 524 C-PACE Lien Certificate in the Clerk's Office. The C PACE Lien shall be 525 cor of O-PACE��te-in CTler s O i 526 527 (b) Recordation of C-PACE Lien Certificate. Each C-PACE Lien Loan shall be 528 secured by a (`_DACE I ien as evidenced by a C-PACE Lien Certificate in the Loan 529 Amount, but shall also expressly state that it also secures all interest, delinquent 530 interest, late fees, penalties and collection costs (including attorneys' fees and 531 costs) payable in connection therewith, and a copy of the Assessment Payment 532 Schedule shall be attached thereto as an exhibit. the recordation of the C'PACE 533 Lien-Oertificate among the I and Records. The Program Manager;on behalf of the 534 City, is hereby authorized to, and shall promptly, execute the C-PACE Lien 535 Certificate on behalf of the City and deliver it to the Capital Provider, without further 536 action by the City Council. prior to recordation. Upon the full Gampiete execution 537 of the C-PACE Documents and funding of the C-PACE Loan, Capital Provider of 538 the Program Administrator shall cause the recordation of the C-PACE Lien 539 Certificate in the Land Records of the Clerk's Office. 540 541 (c) Priority. The C-PACE Lien shall have the same priority as a real property tax lien 542 against real property, except that it shall have priority over any previously recorded 543 mortgage or deed of trust lien on the Property only if prior to the recording of the 544 C-PACE Lien, Li) Property Owner Borrower has obtained a written Lender Consent 545 , in a form and substance acceptable to the holder of 546 such ach prior mortgage or deed of trust lienholder in its sole and exclusive 547 discretion, executed by such lienholder the holder of each mortgage or deed of 548 trusten�n--o t a Proper y and recorded with the C-PACE Lien Certificate in the 12 549 Land Records; and Lii) prior to the recording of the C-PACE Lien Certificate, 550 Property Owner Borrower has delivered an executed Property Owner Borrower 551 Certification to the City in connection with the C-PACE Loan closing. Only the 552 current C-PACE Payment and any Delinquent Payments shall constitute a first lien 553 on the Property. The C-PACE Lien shall run with the land and that portion of the 554 C-PACE Lien under the C-PACE Program Agreement that has not yet become 555 due shall not be eliminated by foreclosure of a real property tax lien. 556 557 (d) Amendment of Lien. Upon written request by a Capital Provider in accordance with 558 the Program Guidelines, the Program Manager without further action by the City 559 Council, shall loin with the Capital Provider and the Property Owner in executing 560 a C-PACE Amendment,ma`,L Vecute an amendment of the C-P CE I ien after the 561 closing of the a C-PACE Loan and the C-PACE Lien after the closing of the C- 562 PACE Loan. The C-PACE Amendment shall Abe recorded in the Land Records. 563 564 (e) Enforcement and Collection Costs. In the event of Property Owner's Borrower's 565 default under the terms of the C-PACE Documents, the City, acting by and through 566 the Treasurer, may shall enforce the C-PACE Lien for the amount of the 567 Delinquent C-PACE Payments, late fees, penalties, interest, and any costs of 568 collection in the same manner that a property tax lien against real property may 569 be enforced under Title 58.1 , Chapter 39, Article 4 of the Virginia Code. If the City 570 elects not to enforce the C-PACE Lien, which election shall be made within thirty 571 (30) days of receipt by the City from the Capital Provider of notice of the Property 572 Owner's default under the terms of the C-PACE Documents, then the City, acting 573 by and through the Treasurer, shall, within fifteen (15) days of the City's 574 determination not to enforce the C-PACE Lien, In the alternative, the Cit„ ma„ 575 assign the right to enforce the C-PACE Lien in accordance with the terms of the 576 C-PACE Documents to the Capital Provider by executing a C-PACE Lien 577 Assignment (Locality) and delivering such instrument to the Capital Provider for 578 recordation recording the Assignment in the Land Records. The preceding 579 sentence notwithstanding, a C-PACE Assignment (Locality) may be executed and 580 recorded at any time during the term of the C-PACE Loan, including the C-PACE 581 Loan's closing, regardless of whether the C-PACE Loan is then in default. Upon 582 such assignment and recordation, the Capital Provider is authorized to and shall 583 may enforce the C-PACE Lien according to the terms of the C-PACE Documents 584 in the same manner that a property tax lien against real property may be enforced 585 under Title 58.1, Chapter 39 of the Virginia Code, including the institution of suit in 586 the name of the City and its Treasurer, and this right to enforce expressly includes 587 the authorization for the Capital Provider to engage legal counsel to advise the 588 Capital Provider and conduct all aspects of such enforcement. Such legal 589 counsel, being authorized to institute suit in the name of the City and its Treasurer, 590 shall have the status of "Special Counsel to the City and its Treasurer" and an 591 "attorney employed by the governing body," and possess all the rights and powers 592 of an attorney employed under Va. Code §§ 58.1-3966 and 58.1-3969, with the 593 express authority to exercise for the benefit of the Capital Provider every power 594 granted to a local government and/or its Treasurer and its or their attorneys for the 13 595 enforcement of a property tax lien under, or in connection with, any provision 596 contained in Title 58.1, Chapter 4 of the Virginia Code. The City, on its behalf and 597 on behalf of its Treasurer, waives its right to require such legal counsel to post the 598 optional bond described in Va. Code § 58.1-3966. All collection and enforcement 599 costs; and expenses (including legal fees and costs), interest, late fees, other 600 types of fees, and penalties charged incurred by the City or Capital Provider, as 601 applicable and consistent with the C-PACE Act and the Virginia Code, shall (i) be 602 added to the Delinquent Payments being collected, (ii) become part of the 603 aggregate amount sued for and collected, (iii) be added to the C-PACE Loan, and 604 (iv) be secured by the C-PACE Lien. Nothing herein shall prevent the Capital 605 Provider to which the C-PACE Lien has been assigned from enforcing the C-PACE 606 Lien to the fullest extent permitted by the C-PACE Documents, the C-PACE Act, 607 or general law. The Property Owner of a Property being sold to pay Delinquent 608 Payments, or other interested party, may redeem the Property at any time prior to 609 the Property's sales, in accordance with Va. Code §§ 58.1-3974 and 58.1-3975. 610 611 Sec. 35.5-7. -. Role of the City; limitation of liability 612 613 Property Owners Borrowers and Capital Providers participate in the C-PACE 614 Program and the Statewide Program at their own risk. By executing the C-PACE 615 Documents including the C-PACE Program Agreement, or by otherwise participating in 616 the C-PACE Program and the Statewide Program, the Property Owner , Capital 617 Provider, contractor, or other party or participant acknowledge and agree, for the benefit 618 of the City and as a condition of participation in the C-PACE Program and the Statewide 619 Program, that: (i) the City undertakes no obligations under the C-PACE Program and the 620 Statewide Program except as expressly stated herein or in the C-PACE Program 621 Agreement; (ii) in the event of a default by a Property Owner , the City has no 622 obligation to use City funds to make C-PACE Payments to any Capital Provider including, 623 without limitation, any fees, expenses, and other charges and penalties, pursuant to a 624 Financing Agreement between the Property Owner Borrower and Capital Provider; (iii) 625 no C-PACE Loan, C-PACE Payment, C-PACE Lien, or other obligation arising from any 626 C-PACE Document, the C-PACE Act, or this Chapter shall be backed by the credit of the 627 City, the Commonwealth, or its political subdivisions, including, without limitation, City 628 taxes or other City funds; (iv) no C-PACE Loan, C-PACE Payment, C-PACE Lien or other 629 obligation arising from any C-PACE Document, the C-PACE Act, or this Chapter shall 630 constitute an indebtedness of the City within the meaning of any constitutional or statutory 631 debt limitation or restriction; (v) the City has not made any representations or warranties, 632 financial or otherwise, concerning a Property Owner Barrowec, Eligible Property, Project, 633 Capital Provider, or C-PACE Loan; (vi) the City makes no representation or warranty as 634 to, and assumes no responsibility with respect to, the accuracy or completeness of any 635 C-PACE Document, or any aAssignment or amendment thereof; (vii) the City assumes 636 no responsibility or liability in regard to any Project, or the planning, construction, or 637 operation thereof; (viii) each Property Owner Borrower or Capital Provider shall, upon 638 request, provide the City with any information associated with a Project or a C-PACE 639 Loan that is reasonably necessary to confirm that the Project or C-PACE Loan satisfies 640 the requirements of the Program Guidelines; and (ix) each Property Owner Borrower, 14 641 Capital Provider, or other participant under the Program, shall comply with all applicable 642 requirements of the Program Guidelines. 643 644 Sec. 35.5-8.— Severability. 645 646 As provided by§ 1-13 of the City Code of the City of Virginia Beach, the provisions 647 of this Chapter are severable. If a court of competent jurisdiction determines that a word, 648 phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or 649 that the application of any part of the Chapter or provision to any person or circumstance 650 is invalid, the remaining provisions of this Chapter shall not be affected by that decision 651 and continue in full force and effect. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of _ , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 t Department of Economic Development City m 's ffice CA16010 R-1 February 2, 2023 15 VIRGINIA ENERGY—LOCALITY COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AGREEMENT THIS AGREEMENT is made and entered into as of this day of , 20_, between [INSERT LOCALITY NAME], Virginia, a political subdivision of the Commonwealth of Virginia (the "Locality"), and the Virginia Department of Energy ("Virginia Energy"), a public agency of the Commonwealth of Virginia. RECITALS 1. Pursuant to § 15.2-958.3. of the Code of Virginia, entitled "Financing clean energy, resiliency, and stormwater management programs" ("C-PACE Act"), Locality has exercised its right to authorize contracts to provide C-PACE loans through the adoption of a C-PACE ordinance ("Ordinance"), attached hereto as Exhibit 1. 2. Pursuant to the C-PACE Act and Ordinance, Locality has agreed to opt into the statewide C-PACE loan program sponsored by Virginia Energy ("Virginia C-PACE Program") and administered by a competitively selected private program administrator ("Program Administrator"). The current Program Administrator and its contact information are set forth on Exhibit 2 attached hereto. 3. The Virginia C-PACE Program provides the Locality with a uniform process for the application, approval, closing and servicing of C-PACE loans and with outreach and training support to promote the program to property owners. A Locality participating in the Virginia C- PACE Program agrees to adopt the set of legal and administrative documents and to abide by the requirements of the statewide C-PACE Program Guidelines ("Program Guidelines") attached hereto as Exhibit 3. NOW THEREFORE, to implement the local C-PACE Ordinance, the Locality hereby opts into the Virginia C-PACE Program sponsored by Virginia Energy and managed and operated by Virginia Energy's Program Administrator,on the terms set forth hereinbelow and in accordance with the program design detailed in the Program Guidelines. ARTICLE 1 (a) Term. The term of this Agreement shall commence upon the date the last party executes the Agreement. This Agreement shall remain in full force and effect until either Virginia Energy terminates the Virginia C-PACE Program or the Locality opts out of the Virginia C-PACE Program. Either party may terminate this Agreement at any time upon ninety (90) days' advance written notice to the other party, provided that the collection of C-PACE Lien payments for C- PACE loans made prior to the termination date shall continue until all C-PACE Lien payments (including the interest,penalties,and fees thereon)have been collected and all such C-PACE loans have been paid in full. 1 (B) Servicing of C-PACE Loans. C-PACE Loans shall be serviced by their respective capital provider, in accordance with the Ordinance and the Program Guidelines. (c) Enforcement of C-PACE Liens. The Locality has agreed to [enforce the C-PACE Lien] OR [delegate enforcement of the C-PACE Lien to a third party] OR [decide whether to enforce or delegate on a project-by-project basis] in accordance with the C-PACE Act, the obligations of which are described in the Ordinance and the Program Guidelines. (d) Cooperation in Operating C-PACE Program. The Locality shall cooperate with the Program Administrator in the latter's operation of the C-PACE Program in the Locality. This cooperation shall include,but not be limited to the Locality: (i) designating(A) an employee of the Locality to serve as Program Manager, and if the Program Manager wishes to delegate some or all of the duties assigned to the Program Manager, identifying the Program Manager's designee and promptly communicating the contact information for the Program Manager and any designee to the Program Administrator and (B) which employee(s) of the Locality will sign documents requiring the Locality's signature for C-PACE Loan closings; (ii) complying with the review and other periods of time prescribed for the Locality to take a required action specified in the Program Guidelines; (iii) taking reasonable steps to procure the timely participation of the Locality's Treasurer(or comparable official if the Locality has abolished the office of Treasurer or the Locality's Treasurer is not responsible for the collection of real property taxes) in the processes and procedures described in the Program Guidelines and the Ordinance as involving the Treasurer, it being understood that such processes and procedures are based on the collection of C-PACE Payments in the same manner as real property taxes; and (iv) in the discretion of the Locality, providing reasonable assistance in jointly promoting the Locality's C-PACE Program to lenders, contractors and businesses located in, or considering locating in, the Locality. ARTICLE 2 MISCELLANEOUS PROVISIONS (a) Model Ordinance. The Locality represents and warrants to Virginia Energy and its Program Administrator that the Ordinance substantially conforms to model ordinance adopted by the Program Administrator for use in the Virginia C-PACE Program and furnished to the Locality. (b) Non-Assignability. The Locality may not assign or transfer its rights or obligations under this Agreement without prior written consent of Virginia Energy; provided, however, that this paragraph shall not be construed to apply to, or restrict, the assignment of C-PACE Liens in accordance with the Locality's Ordinance and related C-PACE Documents. (c) Locality Acknowledgments. The Locality acknowledges and agrees that: (i) 2 Virginia Energy has employed the Program Administrator to carry out Virginia Energy's obligations under this Agreement and the Virginia C-PACE Program generally; (ii) if Virginia Energy replaces the Program Administrator listed on Exhibit 2, then the successor Program Administrator will succeed to the rights, duties and obligations of the Program Administrator, except to the extent specified in Virginia Energy's agreements with such Program Administrators; (iii) for purposes of this Agreement and the Locality's C-PACE program, the Program Administrator shall speak and act for Virginia Energy and that any notices required under the terms of this Agreement to be sent to Virginia Energy shall also be sent to the Program Administrator; (iv) the Program Administrator is made a third party beneficiary of this Agreement, and by accepting the benefits of such status, shall be deemed to have covenanted with the Locality to adhere to and comply with its obligations under the Program Guidelines in administering the Locality's C-PACE Program; and(v)the Program Administrator is entitled to be paid by Property Owners (the Locality having no liability therefor) the Program Fees set forth from time in the Program Guidelines. (d) Non-waiver;Amendment. Any waiver of any provision of this Agreement must be in writing and mutually agreed to by Virginia Energy and the Locality. Except for a specific provision of this Agreement which is amended,this Agreement shall remain in full force and effect after such amendment and is subject to the same laws, obligations, conditions, provisions, rules, and regulations as it was before the amendment. (e) Severability. If any clause, provision or section of this Agreement is held to be illegal or invalid by any court, the invalidity of the clause, provision or section will not affect any of the remaining clauses, provisions or sections, and this Agreement will be construed and enforced as if the illegal or invalid clause, provision or section has not been contained in it. (f) Counterparts; Scanned and Digital Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute but one and the same instrument. Scanned signatures (e.g., a "PDF" document) and digital signatures (e.g., DocuSign) shall have the same force, effect and validity as an original signature. (g) Notices. All notices, requests, consents and other communications shall be in writing and shall be delivered, mailed by first class mail, postage prepaid, hand delivered, or overnight delivery service, to the parties, as follows: If to the Locality: [INSERT LOCALITY NAME] [INSERT STREET ADDRESS] [LOCALITY], Virginia [ZIP CODE] Attention: If to Virginia Energy: 3 817 Washington Building 1100 Bank Street Richmond, Virginia 23219 Attention: Energy Efficiency and Financing Programs Manager With a copy to the Program Administrator at the address on Exhibit 2. Any party may change its notice address by providing the new notice address to the other parties in accordance with this paragraph(g). (h) Jurisdiction and Venue. This Agreement shall be construed, interpreted, and enforced according to the laws of the Commonwealth of Virginia.Any claim brought in connection with this Agreement must be brought in the Circuit Court of the City of Richmond and the parties consent to its jurisdiction. (i) Definitions and Captions. Capitalized terms not defined in this Agreement shall have the meaning ascribed to them in the Ordinance attached hereto in Exhibit A. The headings in this Agreement are solely for convenience, do not constitute a part of this Agreement, and do not affect its meaning or construction. (j) Integration. This Agreement constitutes the entire agreement between the parties and supersedes all previous discussions, understandings and agreements between the parties relating to the subject matter of this Agreement. (j) No Joint Venture, etc. Nothing in this Agreement, and no act of the Locality, Virginia Energy or the Program Administrator, shall be deemed to create any relationship of third- party beneficiary, principal and agent, limited or general partnership,joint venture, or any other relationship between the Locality and Virginia Energy. [Remainder of the page intentionally left blank] 4 IN WITNESS WHEREOF, the Locality and Virginia Energy have each caused this Agreement to be executed and delivered as of the date set forth above: [INSERT LOCALITY NAME] By: Name: Title : Date: [Remainder of the page intentionally left blank; Signature pages continue] 5 [VIRGINIA ENERGY—LOCALITY AGREMENT SIGNATURE PAGE FOR VIRGINIA DEPARTMENT OF ENERGY] COMMONWEALTH OF VIRGINIA DEPARTMENT OF ENERGY By: Name: Title: Date: 6 EXHIBIT 1 COPY OF LOCALITY ORDINANCE (See attached) EXHIBIT 2 NAME AND ADDRESS OF PROGRAM ADMINISTRATOR Virginia PACE Authority 249 Richmond Rd. Williamsburg, VA 23185 Attention: Abigail C. Johnson, Executive Director EXHIBIT 3 PROGRAM GUIDE (See attached) (100508661.6) �-rs r!.-•a.• rji ', 2 zR', CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 5-531, 21-303, 23-7.1, 23-7.5, and 27-7 and Repeal Section 21-221 of the City Code Pertaining to Law Enforcement Officers MEETING DATE: February 21, 2023 • Background: In Virginia, felony crimes are set forth solely in the state code, but localities may adopt ordinances with respect to non-felony offenses such as misdemeanors and traffic offenses. If an offense is charged under a local ordinance, fines are returned to the locality instead of being retained by the state. The Virginia Beach Sheriff's Office has been assisting the Virginia Beach Police Department with law- enforcement issues at the Oceanfront and for certain events when requested by the Police Department. Although some City Code provisions currently provide for enforcement by "law enforcement officers," several other City Code sections currently limit enforcement to police officers. On January 4, 2022, the City Council deferred this item to the March 1, 2022 meeting. On March 1, 2022, the City Council indefinitely deferred this item at the request of the Sheriff's Office pending the drafting of a comprehensive mutual aid agreement between the Sheriff's Office and the Police Department. That agreement also is included as part of the February 21, 2023 agenda. • Considerations: This ordinance amends several City Code provisions to replace references to police officers with "law enforcement officer" so sheriff's deputies also may issue summonses for those offenses under the City Code. This ordinance also repeals City Code § 21-221, because it is a duplicate of City Code § 23-7.5. The original version of this ordinance also included an amendment to City Code § 38-5 regarding brandishing firearms, but that provision has been removed from this ordinance because the related state law specifies limits enforcement to a "police officer." • Public Information: Public information will be handled through the normal Council agenda process. The City Council received public comment on the original version of this ordinance during its January 4, 2022 meeting. • Attachments: Ordinance Requested by the Sheriff's Office 1 AN ORDINANCE TO AMEND SECTIONS 5- 2 531, 21-303, 23-7.1, 23-7.5 AND 27-7 AND 3 REPEAL SECTION 21-221 OF THE CITY 4 CODE PERTAINING TO LAW 5 ENFORCEMENT OFFICERS 6 7 SECTION AMENDED: §§ 5-531, 21-303, 23- 8 7.1, 23-7.5 AND 27-7 9 10 SECTION REPEALED: § 21-221 11 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 16 That Sections 5-531, 21-303, 21-221, 23-7.1, 23-7.5, and 27-7 of the Code of the 17 City of Virginia Beach, Virginia, are hereby amended and ordained to read as follows, and 18 Section 21-221 is repealed: 19 Sec. 5-531. Keeping dogs under restraint; leash law. 20 (a) It shall be unlawful for the owner or custodian of any dog to permit the dog to go 21 upon any city park, public street, sidewalk or right-of-way, excluding the public 22 beaches of the city, unless it is kept firmly secured by a physical leash or lead 23 attached to a collar or harness and under the control of a responsible person 24 capable of physically restraining the dog. 25 (b) Any person who does not restrain his dog, in accordance with this section, whether 26 such person be the owner or custodian of such dog, shall be guilty of a class 4 27 misdemeanor. The animal control officer or police officer law enforcement officer 28 may issue a summons to any person he finds in violation of this section. 29 (c) For the purpose of this section "city park" means any city-owned and operated 30 property open to the public for general recreational use, including, but not limited to 31 traditional park areas, canoe and kayak launch areas, and the disabled children's 32 beach playground known as Grommet Park. 33 (d) Exceptions. 34 (1) This section shall not apply to any person who uses a dog under his direct 35 supervision while lawfully hunting, while engaged in a supervised formal 36 obedience training class or show, or during formally sanctioned field trials. 37 (2) This section shall not apply to any person south of the trace line beginning at 38 the intersection of Elbow Road and the Chesapeake-Virginia Beach City 39 boundary line; thence northeastwardly along Elbow Road to Salem Road; 40 thence southeastwardly along Salem Road to North Landstown Road; thence 41 northeastwardly along Landstown Road to Princess Anne Road; thence 42 southeastwardly along Princess Anne Road to Sandbridge Road; thence 43 eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean; 44 with the exception of any areas zoned for residential use. 45 . . . . 46 47 Pedestrians sha 48 49 50 51 ach offense. 52 . . . . 53 Sec. 21-303. General parking prohibitions; penalties for violation. 54 (a) No person shall park a vehicle, except when necessary to avoid conflict with other 55 traffic or in compliance with the directions of a police officer law enforcement officer 56 or traffic-control device, in any of the following places: 57 (1) Within any designated fire lane. 58 (2) At any place so as to block any fire department connection. 59 (3) Within seventy-five (75) feet of the driveway entrance to any fire station if 60 properly posted, or on the side of a street opposite the entrance to any fire 61 station. 62 (4) In front of a public driveway. 63 (5) On the roadway side of any vehicle parked at the edge or curb of a street 64 (double parking). 65 (6) Upon any bridge or other elevated structure upon a street or highway or within 66 a tunnel. 67 (7) On the left-hand side of roadway of a two-way street. The provisions of this 68 sub-section exclude those city vehicles operated by city employees executing 69 official duties that require repeated vehicle exit and entry. 70 (8) At any place so as to impede or render dangerous the use of any street or 71 highway. 72 (b) No person shall park a vehicle, except when necessary to avoid conflict with other 73 traffic or in compliance with the directions of a law enforcement officer 74 or traffic-control device, in any of the following places: 75 (1) On a sidewalk. 76 (2) On a crosswalk. 77 (3) Within twenty (20) feet of a marked crosswalk at an intersection. 78 (4) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or 79 traffic-control signal located at the side of a roadway. 80 (5) Between a safety zone and the adjacent curb or within thirty (30) feet of points 81 on the curb immediately opposite the ends of a safety zone, unless a different 82 length is indicated by official signs or markings. 83 (6) Within fifty (50) feet of the nearest rail of a railroad grade crossing. 84 (7) Alongside or opposite any street excavation or obstruction, when such parking 85 would obstruct traffic. 86 (8) At any place where official signs prohibit, reserve or restrict parking. 87 (9) In a residential or apartment district (area), if such vehicle is a commercial 88 vehicle in excess of twenty (20) feet in length and/or seven (7) feet in height. 89 This restriction shall not apply to commercial vehicles parked while engaged in 90 the normal conduct of business or in the delivery or provision of goods or 91 services in a residential or apartment district (area). 92 (10)At any place so as to prevent the use of a curb ramp located on public property 93 or on privately owned property open to the public. 94 (11)At any place, angle parked or perpendicular to a curb, unless street markings 95 permit. 96 (12) In a cul-de-sac other than close to and parallel to the edge of the curb or 97 roadway, except in parking spaces approved and marked by the City or where 98 a lawfully erected sign otherwise permits. 99 (13)On any street or highway or any city parking lot or other city-owned property for 100 the purpose of selling or offering the vehicle for sale or rent. Factors that shall 101 be considered in determining the purpose for which a vehicle is parked shall 102 include, but not be limited to (i) the number, size and placement of signs 103 offering the vehicle for sale or rent; (ii) the length of time the vehicle is parked; 104 and (iii) the manner in which the vehicle is parked. 105 (c) No person shall park on any street or highway, or on any city parking lot, any 106 vehicle which fails to display valid and current state license plates. 107 (d) Penalties. 108 (1) When a notice or citation is attached to a vehicle found parked in violation of 109 any provision of this section or section 21-1 incorporating the provisions of Title 110 46.2 of the Code of Virginia, the owner of the vehicle may pay to the city 111 treasurer, in satisfaction of any such violation, a penalty fine as listed below 112 when such payment is postmarked or received by the city treasurer within 113 fourteen (14) calendar day after issuance of such a notice or citation. Such 114 payment shall constitute a plea of guilty to the violation in question. 115 (i) A penalty fine of thirty-five dollars ($35.00) for all parking violations citing 116 City Code section 21-1 incorporating the parking provisions of Title 46.2 of 117 the Code of Virginia. 118 (ii) A penalty fine of thirty-five dollars ($35.00) for a violation of any provision 119 of subsection (a), except (a)(1), for each hour or fraction thereof during 120 which such vehicle was unlawfully parked. 121 (iii) A penalty fine of twenty dollars ($20.00) for a violation of any provision of 122 subsection (b) for each hour or fraction thereof during which such vehicle 123 was unlawfully parked. 124 (iv) A penalty fine of thirty-five dollars ($35.00) for a violation of subsection (c) 125 for each day or fraction thereof during which such vehicle was unlawfully 126 parked. 127 (v) A penalty fine of fifty dollars ($50.00) for a violation of subsection (a)(1) for 128 each hour or fraction thereof during which such vehicle was unlawfully 129 parked. 130 (2) If such payment is not postmarked or received by the city treasurer within 131 fourteen (14) calendar days after issuance of such notice or citation, the 132 penalty fine shall increase to double that indicated above. 133 (3) For failure to respond to notices or citations within thirty (30) days, refer to 134 subsection 21-312(b) below. 135 . . . . 136 Sec. 23-7.1. Providing identification to law enforcement officer. 137 It shall be unlawful and a Class 1 misdemeanor for any person at a public place or 138 place open to the public to refuse to identify himself by name and address at the 139 request of a uniformed police officer law enforcement officer or of a properly identified 140 police officer law enforcement officer not in uniform, or to provide false information in 141 response to such a request, if the surrounding circumstances are such as to indicate to 142 a reasonable man that the public safety requires such identification. 143 . . . . 144 Sec. 23-7.5. Duty to obey traffic signs and signals and orders of 145 law enforcement officers. 146 Pedestrians shall obey signs and signals erected on highways or streets for the 147 direction and control of travel and traffic and they shall obey the orders of police officers 148 law enforcement officers engaged in directing travel and traffic on the highways and 149 streets. Violations of this section shall be punished by a fine not exceeding two hundred 150 dollars ($200.00) for each offense. 151 . . . . 152 Sec. 27-7. Interference with police law enforcement animals. 153 Any person who willfully torments, beats, kicks, strikes, injures or otherwise 154 mistreats an animal owned by the department of police or sheriffs office, or who willfully 155 interferes with the lawful performance of such animal in a police law enforcement 156 activity shall be guilty of a Class 2 misdemeanor. Any person who willfully touches such 157 animal in any manner after being directed not to do so by a police officer law 158 enforcement officer shall be guilty of a Class 4 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Sh ri s Offi e City Att ney's Office CA15545 R-6 February 9, 2023 (,,,,...., N z s, J l CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing and Directing the City Manager to Execute a Memorandum of Agreement Between the Virginia Beach Police Department and the Virginia Beach Sheriffs Office MEETING DATE: February 21, 2023 ■ Background: The Virginia Beach Sheriff's Office and the Virginia Beach Police Department have a long history of working together in the Virginia Beach Correctional Center, the Judicial Center, and the Second Precinct Detention Facility. More recently, the Sheriffs Office has been assisting the Police Department with law-enforcement issues at the Oceanfront and for certain events when requested by the Police Department. This mutual aid agreement establishes an operational framework for mutual aid and law enforcement support throughout the City of Virginia Beach. The agreement addresses the relationship of the parties; law enforcement mutual aid and support; mutual aid at the request of VBPD; Judicial Center critical incident response; criminal investigations within the Correctional Center; and the Second Precinct Temporary Detention Facility operations. This comprehensive agreement will replace current individual agreements regarding topics now included in the comprehensive MOA. ■ Considerations: Virginia Code § 15.2-1736 authorizes localities and sheriffs to enter into mutual aid agreements for the use of their joint forces, equipment, and materials to maintain peace and good order. • Public Information: This item will be advertised in the same manner as other items on Council's agenda. • Recommendations: Adopt Ordinance. • Attachments: Ordinance, Memorandum of Agreement Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE A MEMORANDUM OF 3 AGREEMENT BETWEEN THE VIRGINIA BEACH POLICE 4 DEPARTMENT AND THE VIRGINIA BEACH SHERIFF'S 5 OFFICE 6 7 WHEREAS, Virginia law authorizes localities and sheriffs to enter into mutual aid 8 agreements for the use of their joint forces, equipment, and materials to maintain peace 9 and good order; and 10 11 WHEREAS, it is deemed beneficial to the City of Virginia Beach for the Virginia 12 Beach Police Department and the Virginia Beach Sheriffs Office to enter into a mutual 13 aid agreement concerning the joint use of joint forces, equipment, and materials to 14 maintain peace and good order, Increasing the safety, security, and welfare of the City. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the accompanying Memorandum of Agreement is approved and that the City 20 Manager be directed to execute said Agreement on behalf of the City of Virginia Beach. Adopted by the council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROV1ED AS TO CONTENT: APPROVED AS TO CONTENT: Pct -k) 4A-4C)3t ) g'14 4i(Z) Police Department Sheriffs(Nice APPROVED AS TO LEGAL SUFFICIENCY: City Atto s ce CA16088 R-1 February 9, 2023 • -4.{ ( 0-d's -1.44t MEMORANDUM OF AGREEMENT Between the VIRGINIA BEACH POLICE DEPARTMENT and the VIRGINIA BEACH SHERIFF'S OFFICE 1.- - .�•, CONTENTS I. BACKGROUND AND PURPOSE 2 II. GENERAL PROVISIONS 2 III. RELATIONSHIP OF THE PARTIES 3 IV. LAW ENFORCEMENT MUTUAL AID AND SUPPORT 4 V. MUTUAL AID AT THE REQUEST OF VBPD 4 VI. JUDICIAL CENTER CRITICAL INCIDENT RESPONSE 6 VII. CRIMINAL INVESTIGATIONS WITHIN THE CORRECTIONAL CENTER 7 VIII. SECOND PRECINCT TEMPORARY DETENTION FACILITY OPERATIONS 8 Pagel of 10 This Memorandum of Agreement (the "Agreement") is made and entered into as of this day of , 2022, by and between the City of Virginia Beach, Virginia, (the "City") through its Police Department("VBPD"or"Police Department"),and the Virginia Beach Sheriff's Office,an agency of the Commonwealth of Virginia("VBSO"or"Sheriffs Office"). Collectively, the City and VBSO may be referred to as the"Parties." The parties agree as follows: BACKGROUND AND PURPOSE A. The Police Department and the Sheriff's Office may provide mutual aid, assistance, or support in various law enforcement activities when specifically requested and approved by both agencies. The purpose of this Agreement is to establish an operational framework for mutual aid and law enforcement support that facilitates safety, security,and cooperation between the parties and improves all aspects of law- enforcement response within the City of Virginia Beach. B. Virginia Code § 15.2-1736 authorizes localities and sheriffs to enter into mutual aid agreements for the use of their joint forces, equipment, and materials to maintain peace and good order. This statute and the inherent powers of the parties authorize this Agreement. C. This agreement replaces and supersedes the following agreements between the parties: (1) "Second Precinct Detention Facility Agreement," January 14, 2010; (2) "Judicial Center Response Memorandum of Understanding," July12, 2019; and (3) "Agreed Procedures for Criminal Investigations Memorandum of Understanding," January 9, 2018. II. GENERAL PROVISIONS A. The term of this Agreement is five years unless terminated sooner. Either Party may terminate this Agreement for any reason,with or without cause,upon thirty(30)days written notice. This Agreement may be renewed for successive terms. B. Any modification of the Agreement shall be in writing and executed by the authorized representatives of the parties. Any minor modification to the Agreement, such as changes that are procedural or administrative in nature and/or do not substantially modify the responsibilities of the parties or the relationship of the parties, may be executed by the Sheriff and the Police Chief. C. This Agreement sets forth the good faith intent and commitment of the parties to each other for the benefit of the public at large. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes. The Agreement does not create any legal rights in, or special duties owed to, any other party. No individual or entity shall obtain any right to make any claim against the City or VBSO under the provisions of this Agreement and no provision of this Agreement shall be construed or interpreted to confer third-party beneficiary status on any individual or entity. Page 2 of 10 D. All actions taken by personnel of the parties pursuant to this Agreement shall be made according to that individual's professional judgment, consistent with their professional trainings, and all applicable standards as a sworn law enforcement official. E. All personnel of both parties acting pursuant to this Agreement shall conduct themselves in compliance with applicable legal requirements, including the United States Constitution,the Constitution of Virginia,the laws of Virginia, and applicable professional standards for law enforcement officials. F. Any potential disagreement over the interpretation or enforcement of this Agreement shall be resolved by the Sheriff and the Chief of Police. III. RELATIONSHIP OF THE PARTIES A. Under the terms of this Agreement, neither party waives sovereign immunity nor assumes liability greater than that established by the laws of the Commonwealth.The parties shall be responsible for the actions of their own employees and/or appointees. In no event shall the parties be liable for actions of an employee of the other party. B. All pension, relief, disability, worker's compensation, life and health insurance and other benefits enjoyed by personnel of the parties shall extend to the services they perform under this Agreement. Each party agrees that the provisions of these benefits shall remain the responsibility of the employing party. C. The parties shall not be liable to each other for reimbursement for injuries to law enforcement officers or personnel, or damage to equipment incurred when going to or returning from another jurisdiction.Neither shall the parties be liable to each other for any other costs associated with or arising out of assistance rendered pursuant to this Agreement, unless specifically noted within the Agreement. D. The parties shall immediately notify the other of any litigation or claim asserted by or against either party regarding this agreement. Any and all formal reporting to the Department of Corrections shall be initiated and completed by the responsible VBSO personnel. E. In accordance with Va. Code § 2.2-1839, the Commonwealth's Division of Risk Management shall provide liability protection to constitutional officers and their officers, agents, or employees while working within the scope of their employment, to include a sheriff or deputy sheriff when performing any law enforcement-related services authorized by the Sheriff. Any claim or lawsuit filed against a sheriff deputy acting pursuant to this Agreement shall be eligible for consideration of liability protection under the VaRISK plan. F. In accordance with Virginia Code §§ 15.2-1518 and 38.2-227, the City of Virginia Beach may defend and indemnify personnel for civil claims related to the good faith discharge of official duties while acting within the scope of their employment. Any police officer acting pursuant to this Agreement shall be eligible for such coverage as provided in City Administrative Directive 5.05. Page 3 of 10 IV. LAW ENFORCEMENT MUTUAL AID AND SUPPORT A. Requests for assistance pursuant to this Agreement shall be made by the Chief of Police or the Sheriff(or their respective designees) to the Sheriff or the Chief of Police(or their respective designees), whichever is applicable. B. Each party will endeavor to provide law enforcement support pursuant to this Agreement within the capabilities available at the time the request is made and within the terms of this Agreement. C. Nothing contained in this Agreement shall be construed to compel either party to provide law enforcement support when the personnel of the party to whom the request is made, in the opinion of the requested party, are unavailable. Nor shall any request compel the assisting party to continue providing law enforcement support to the other party when its personnel or equipment, in the opinion of the assisting party, are needed for other duties. D. The support will be provided by law enforcement personnel who are properly trained, qualified, and certified for the functions they will be asked or expected to perform. Personnel of the assisting party will appear and serve in uniform,unless agreed upon by the requesting party or doing so would be inappropriate for the services to be performed. E. VBPD and VBSO run independent training academies certified by the Department of Criminal Justice Services to provide basic and in-service training associated with the primary job functions of their respective agencies. To further the operational framework established by this Agreement,the agencies may coordinate joint training opportunities and/or request to open attendance at scheduled trainings with mutually relevant training objectives to personnel from the other agency. The agencies will endeavor to accommodate such training requests, provided there is adequate space and/or adequate resources to support the request(s) and the subject matter is applicable to the job functions of the person(s) requesting to attend. Nothing in this Agreement shall be construed to compel either party to establish or maintain joint training events nor shall this Agreement compel either party to provide additional staffing or allocate additional resources to accommodate a joint training request. V. MUTUAL AID AT THE REQUEST OF VBPD A. VBPD maintains primary responsibility for law enforcement activities in the City of Virginia Beach, except the Virginia Beach Judicial Center and the Virginia Beach Correctional Facility as provided in this Agreement. B. VBPD may request support from VBSO to assist in various law-enforcement activities, including, but not limited to: mass processing of arrestees and/or transportation of arrestees; emergency and critical incident response throughout the City of Virginia Beach, including within the Virginia Beach Municipal Center (excluding the Judicial Center, discussed below), and augmenting VBPD when additional staffing is needed for enhanced visibility and law enforcement presence for large scale events, incidents, and resort season safety. Page 4 of 10 C. A request for assistance should provide sufficient detail related to the request, including the number of personnel requested, the functions to be served by those personnel, any equipment requested, and the length of time personnel are needed (if known). Any such request may be modified over time as conditions and circumstances change. D. Chain of Command and Responsibilities: 1) The assisting party shall render such assistance under the direction of the requesting party. 2) The requesting party shall be responsible for designating a radio communications system for use by both parties during the event or activity in question. Requesting party shall provide adequate command and communication resources to facilitate proper performance of duties by the assisting party. 3) In the event of an emergency where VBSO personnel deploy to an incident outside of the Virginia Beach Judicial Center ("Judicial Center") or the Virginia Beach Correctional Center ("Jail" or "Correctional Center") without a specific request made pursuant to this Agreement, such VBSO personnel may take any appropriate actions as deemed necessary to preserve life and mitigate injury. Upon arrival of VBPD personnel, VBSO shall immediately fall under the direction and guidance of the ranking VBPD officer, who shall assume incident command. E. Investigations arising from/during assistance rendered pursuant to the Agreement: 1) Any allegations of professional misconduct against personnel operating pursuant to this Agreement shall be investigated and handled by the employer of the person(s). 2) If an accusation of criminal conduct is made against any such person,it shall be investigated and handled by VBPD with the assistance of the Commonwealth Attorney's Office (if appropriate). 3) Jurisdiction over any designated crime scene shall remain with VBPD. F. Expenses arising from/during assistance rendered pursuant to the Agreement: 1) If any VBPD request for VBSO resources is so extensive in scope and length that it would involve VBSO incurring significant and unbudgeted expenses (such as overtime), the Sheriff, or their respective designee, shall inform the Police Chief, or their designee, what expenses are anticipated in reasonable detail prior to providing the requested resources. If VBPD agrees to reimburse VBSO the anticipated expenses in exchange for the requested resources, the Police Chief, or their respective designee, shall confirm in writing. 2) If there are not appropriated and unencumbered funds sufficient to meet said obligation, VBPD and the City Manager shall request any needed appropriation from the Virginia Beach City Council. This provision shall not be applied or interpreted to limit or delay VBSO from providing Page 5 of 10 additional law enforcement resources requested by VBPD for any critical incident or emergency. 3) Unless otherwise agreed to, VBPD shall not be responsible for the cost of any equipment of the Sheriff's Office that is damaged, lost, expended, or destroyed. 4) Neither party shall be financially responsible for injuries to personnel of the other party. VI. JUDICIAL CENTER CRITICAL INCIDENT RESPONSE A. VBSO maintains primary responsibility for law enforcement activities within the Virginia Beach Judicial Center. Evacuation of the Judicial Center or sheltering in place will be dictated by VBSO based upon the circumstances of the incident. B. VBSO may request VBPD response and assistance to critical incidents within the Virginia Beach Judicial Center as necessary to neutralize the threat. Critical incidents include, but are not limited to, active shooter incidents, bomb threats, emergency evacuation, and hostage and barricade situations. C. Chain of Command and Responsibilities: 1) In the event of any critical incident, the ranking VBSO on-scene deputy shall assume incident command and dispatch resources as necessary, until relieved by a designated VBSO authority in accordance with VBSO policy and procedures. VBSO shall notify Dispatch of the critical incident, at which time additional emergency or law enforcement resources may be requested. 2) VBSO may request assistance or relinquish command and control to VBPD at any time during a critical incident, depending on the circumstances or based upon capabilities and resources. 3) Upon conclusion of the critical incident and the area being rendered safe, VBPD shall assume jurisdiction over any area determined to be a crime scene or any resulting criminal investigation. D. Nothing in this Agreement prevents a member of the VBPD, VBSO, or other law enforcement agency from taking immediate action to address a crime being committed within the Judicial Center, or to protect peace, good order, and the proper administration of justice therein. E. Any required reporting to the Department of Corrections shall be completed by the appropriate personnel of the VBSO;VBPD will provide any relevant documents they may author as permissible or required by law. Page 6 of 10 VII. CRIMINAL INVESTIGATIONS WITHIN THE CORRECTIONAL CENTER A. Unless specifically mentioned herein, VBSO maintains primary responsibility to investigate all allegations of criminal acts within the Correctional Center. VBPD remains available to assist on any criminal investigation where the Sherriff's Office requests assistance. B. VBPD shall have primary responsibility to investigation the following offenses: 1) FBI Uniform Crime Reporting Program Part 1 Sexual Offenses: VBPD shall investigate all allegations or rape, sodomy, and object penetration that occur within the Correctional Center. 2) Incidents of Death or Likelihood of Death: VBPD shall investigate all incidents of death in the Correctional Center, be it natural or otherwise; incidents of suicide and attempted suicide where injuries are life- threatening;or assaults that cause injury that are potentially life threatening. C. Procedures for investigations that fall under the primary responsibility of VBPD: 1) The medical welfare of the victim is paramount and should be addressed prior to initiation of any criminal investigation. 2) As soon as practical,the scene of the alleged criminal act should be secured by VBSO to prevent further intrusion by people other than investigators,to preserve evidence of the alleged criminal act. 3) VBSO shall immediately call 911 to request a VBPD Officer to conduct an initial criminal investigation.That officer will in turn contact an appropriate detective. 4) If the crime is sexually based and the inmate victim requires a SANE examination, VBSO shall arrange for the victim to be seen by a SANE nurse. If the victim has sustained life-threatening injuries, VBSO shall accompany the victim to the appropriate medical facility and maintain custody according to VBSO procedures. 5) The VBPD Forensic Unit is responsible for processing any related crime scene and maintaining any evidence collected. 6) VBSO agrees to provide any appropriate documentation and security videos to investigators as well as make employees and inmate witnesses available for interview. 7) VBPD agrees to provide the Sheriff or his designee timely updates on the investigation and may provide additional information as permissible or required by law. D. VBPD agrees to meet compliance with all relevant standards of the Prison Rape Elimination Act of 2003 (Public Law No.108-79) specific to conducting investigations inside the Correctional Center. This also includes ensuring that all VBPD Special Victims detectives successfully complete the specialized training course, "Conducting Sexual Abuse Investigations in Confinement Settings." Page 7 of 10 VIII. SECOND PRECINCT TEMPORARY DETENTION FACILITY OPERATIONS A. VBPD maintains primary responsibility for law enforcement activities and operations within the Second Precinct Temporary Detention Facility(the"TDF").VBSO agrees to provide VBPD with law-enforcement personnel to assist with law-enforcement operations related to the TDF, including, but not limited to,prisoner transport duties during peak hours of activity, prisoner intake, and detention facility management duties like those performed at the Virginia Beach Correctional Center. B. VBPD shall provide VBSO full financial reimbursement for the Deputies' overtime hourly pay rate for any and all VBSO personnel assigned to staff the TDF. If there are not appropriated and unencumbered funds sufficient to meet said obligation, VBPD and the City Manager shall request any needed appropriation from the Virginia Beach City Council. The parties acknowledge that there is no intimation, promise, or guarantee that funds will be available in future years. C. Responsibilities of the Parties 1) VBPD shall provide the framework of this Agreement's operational component and ensure Command and Control of the TDF's physical workspace and in-house direction of the assigned Deputies. 2) VBSO shall provide for the employment, equipment, and scheduling of each participating Deputy Sheriff for the TDF. 3) VBSO shall ensure the assigned Deputy Sheriffs are fully certified jailers and able to perform all the duties of a sworn Sheriffs Office member as if assigned at the Correctional Center. 4) VBPD will provide the transport vehicles for VBSO personnel to utilize while working this assignment. If the VBPD transport van is inoperable or unavailable for any reason, VBSO personnel will bring a Sheriffs Office van for use until the VBPD van has returned to service. 5) VBPD Second Precinct Personnel shall develop the schedule of TDF assignments, including dates, hours, and the number of Deputies needed. a) Schedules will be based upon anticipated needs and coordinated with VBSO personnel for individual Deputy assignments. b) VBSO will endeavor to provide at least one female deputy to this assignment on a nightly basis in order to properly operate the female holding cells. If no female Deputy Sheriffs are available for the assignment, VBPD Second Precinct personnel will be responsible for the female cell when it is utilized. D. Responsibilities of Assigned Personnel 1) VBSO personnel will report to and be supervised by VBPD personnel when working in connection with the TDF. 2) VBSO personnel assigned to the TDF will assist VBPD personnel with the processing and management of prisoners within the TDF, and may be utilized as prisoner transport units, responsible for transporting prisoners Page 8 of 10 from an oceanfront field arrest location to the TDF and from the TDF to the Virginia Beach Correctional Center. 3) Deputy Sheriffs will become prepared for this assignment by reviewing and acknowledging the TDF Operational Checklist. Additionally, the TDF Operational Checklist detailing the Deputy Sheriffs' assignment responsibilities will be documented,recorded,and maintained by the Police Department Second Precinct Command, subject to approval by the City Attorney. All assigned employees shall properly adhere to the TDF Operational Checklist guidelines. 4) Each Deputy Sheriff shall wear a regulation Sheriffs Office uniform during this assignment.The Sheriff's Office assumes the primary responsibility for staffing, managing, and operational control of the TDF and coordinating these responsibilities with the Police Department Second Precinct leadership team. E. Investigations and Reporting 1) Any incident involving VBSO personnel at the TDF routinely requiring and generating an internal investigation of VBSO personnel will be documented by a Police Department supervisor and forwarded to the Sheriffs Office Professional Standards Office for investigation. 2) Any allegations of professional misconduct against personnel operating pursuant to this Agreement shall be investigated and handled by the employer of the person(s). 3) Any allegations of professional misconduct against personnel operating pursuant to this Agreement involving members from both agencies will be jointly investigated by VBSO and VBPD. The final disposition of such investigation shall be determined individually by the agency's policies and will be shared with both agency directors (Sheriff and Police Chief) after the conclusion of any investigation. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 9 of 10 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date written above: THE CITY OF VIRGINIA BEACH, VIRGINIA BY: Patrick A. Duhaney, City Manager Date APPROVE S TO CONTENT .P tA) . ' q .� Paul W. Neudigate, Virgi 'a Bea 6olice Chief Date APPROVED AS TO LEGAL SUFFICIENCY c2/Lsii,23 Jessica C. oe , Associate City Attorney Da VIRGINIA BEACH SHERIFF'S OFFICE 3 BY: tridA Ken Stolle, Sheriff and High Constable Date APPROVED AS TO LEGAL SUFFICIENCY A °--'. - /a Z- G. imothy Oksman, Legal Counsel Date Page 10 of 10 N M^1 1 • fit ,iN 1-::(1/4„.....„.". „ - •c! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Repeal the City Council Policy for the Advertisement of Public Notices for Tax or Fee Increases MEETING DATE: February 21, 2023 • Background: On May 7, 2019, the City Council adopted a City Council Policy (the "Policy") that requires the City Manager or City Clerk to seek and receive approval from the Council prior to the placement of an advertisement of any tax or fee increase to be considered by the City Council. A copy of this policy is attached to this agenda request. Since the adoption of the Policy, there have been two instances in which the City Manager has requested permission to place advertisements in advance of the introduction of the Proposed Operating Budget. Each such instance resulted in a significant amount of confusion among the public and concern from the members as to what was being requested. City staff also raised concerns about the timing of the process required by the Policy, which does not provide adequate time for the full details of need and specifics to be finalized. The City Manager's Proposed Budget is not finalized until March with the public hearings taking place in April for ultimate adoption by the City Council in May. Additionally, the approval of the advertisement has been misinterpreted by some members of the public as an approval of the tax or a fee increase that is the subject of the advertisement. • Considerations: The attached resolution repeals the Policy and returns the procedure to the practice that was in use prior to 2019. Consistent with the City Charter, the City Manager introduces a balanced budget including any ordinances necessary to balance the budget. If one or more ordinances require a public hearing, the City Manager undertakes the necessary steps to allow the City Council to consider such ordinance including, where applicable, the placement of an advertisement in the newspaper. The full discussion of the need of any potential tax or fee increase will then occur within the context of the budget as a whole and subject to the City Council's deliberations leading toward the budget reconciliation process. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; Council Policy Recommended Action: Approval Submitting Dep rtment/Agency: Department of Budget & Management Services City Manager: 1 A RESOLUTION TO REPEAL THE CITY COUNCIL 2 POLICY FOR THE ADVERTISEMENT OF PUBLIC 3 NOTICES FOR TAX OR FEE INCREASES 4 5 WHEREAS, the City Council previously enacted a policy that requires the City 6 Manager or the City Clerk to seek the City Council's approval prior to the placement of 7 any tax or fee increase advertisements in the newspaper' 8 9 WHEREAS this policy has caused confusion with the public and has posed timing 10 issues with the development and presentation of the City Manager's Proposed Operating 11 Budget; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA THAT. 15 16 The City Council Policy requiring the City Manager or City Clerk to seek formal 17 approval from the City Council prior to the placement of any advertisement of a tax or a 18 fee increase is hereby repealed Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -C7 Budget and Management Services r y's Office CA16089 R-1 February 9 2023 4forc, „0,4cisi?.., Av ) 4- ... _..,_ iit..\ _ 15). _ `.iice (c.. t ',°T + 0.4 ' City Council Policy Title: The Placement of Advertisements in the Newspaper for a Tax or Index Number: Fee Increase Date of Adoption: Date of Revision: Page 1 of 1.0 Purpose and Need The purpose of this policy is to provide clear guidance to the City Manager and the City Clerk in the placement of advertisements in the newspaper for a tax or fee increase. This policy is intended to require the affirmative approval of the City Council prior to the City Manager or the City Clerk making a public statement that will be attributed to the City Council regarding any tax or fee increase. 2.0 Requirement Prior to the placement of any advertisement related to a tax or a fee increase, the City Manager or the City Clerk shall seek and receive approval from the City Council. The approval of the City Council shall come in the form of a motion, a resolution, or an ordinance. The City Manager shall make arrangements to obtain the approval required in the preceding paragraph in sufficient time to meet the statutory or charter requirements for the presentation of the Manager's Proposed Annual Budget. 3.0 Definitions For purposes of this policy, the term "fee increase" shall include all fees required to be advertised in the manner set forth in§ 15.2-107 of the Code of Virginia,and the term"tax increase"shall mean those taxes or levies required to be advertised by§ 58.1-3007 of the Code of Virginia. 4.0 Applicability This policy shall apply to any public notice regarding a tax increase or a fee increase. 5.0 Revisions to Policy The City Council may revise this policy at any time. 44,1;f. ;674 '�a ii. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's 2023 Applications for Rebuilding American Infrastructure with Sustainability and Equity Program Funding MEETING DATE: February 21, 2023 • Background: The United States Department of Transportation's (USDOT) Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program provides federal funding assistance for surface transportation infrastructure projects that will have a significant local or regional impact. Applications are reviewed based on the following selection criteria: 1) safety; 2) state of good repair; 3) economic competitiveness; 4) environmental sustainability; and 5) quality of life. RAISE is a federal grant program, and funds are only available on a reimbursement basis. The program includes a minimum funding split of 80% federal funds and 20% local funds. The USDOT published a notice of funding opportunity for the 2023 RAISE Grant Program on January 3, 2023. The Department of Public Works and Department of Parks and Recreation have identified two projects as candidates for 2023 RAISE funding. Both projects have been submitted in previous rounds of RAISE and were not awarded, but they are both ideal for re- submittal. 1. Nimmo Parkway Phase VII-B — This project consists of approximately 1.5 miles of two-lane undivided roadway with shoulders, on-road bike lanes, and a single shared-use path. The project represents the second phase of Nimmo Parkway VII, which has limits from Albuquerque Drive to the western terminus of the "Sandbridge Road-Nimmo Phase VII-A" project. The project will improve access to Sandbridge by providing an alternative route to the Sandbridge area. The project will provide a safer and more reliable alternate route for traffic currently using Sandbridge Road and will provide a more resilient hurricane evacuation route for Sandbridge residents. The project will also alleviate the need to re-route traffic through the Dam Neck Naval Base during closures of Sandbridge Road. The project already has received State and Federal support, with the recently awarded State and Federal earmarks totaling $13 million. The Total Project Cost is approximately $49.4 million. The City will request $20 million in RAISE funds and commit $4 million (20%) of local funds. The project already has sufficient local funds currently programmed in Capital Project # 100278 to meet the local match requirements; no additional funding is required. Page 2 of 2 2. Virginia Beach Trail Phase I —the Virginia Beach Trail consists of a proposed 12- mile long paved shared-use path spanning the City on a 10' wide strip of the City- owned former Norfolk Southern railroad right-of-way. This facility will ultimately serve pedestrians, bicyclists, wheelchair users, strollers, runners, workers, students, families and tourists by providing a safe, non-vehicular travel corridor from the City's border with Norfolk to the Oceanfront. Phase I of the project includes the western-most approximately 3.2-mile segment of the trail connecting the Hampton Roads Transit multi-modal hub at Newtown Road to Town Center with a pedestrian/bicycling bridge over Independence Boulevard. The Virginia Beach Trail will help address safety by separating vulnerable roadway users from vehicular traffic. Bikeways and trails have regularly topped Virginia Beach resident surveys of the most desired public recreational amenities because they benefit people of all abilities and all walks of life. The Trail is aligned with military goals for significant off-base fitness opportunities serving our large military population. This project also will provide access to underserved populations with high usership potential, joining Opportunity Zones, Strategic Growth Areas, and the Central Business District and adding multi-modal transit choices between jobs, homes, and schools. The Total Project Cost is approximately $15.75 million. The City will request $12 million in RAISE funds and commit $3 million (20%) of local funds. These funds would be in addition to the recently awarded $750,000 Federal earmark. The local match for this project is not currently appropriated and would be required upon award should the project receive RAISE funding. • Considerations: The RAISE Program is a grant program, and funds are available on a reimbursement basis. The program requires that localities must first incur the expenses and then request reimbursement. The RAISE Program also requires a minimum 20% local match per project, which is discussed above. The deadline for this grant application is February 28, 2023. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached resolution • Attachments: Location Maps, Resolution Recommended Action: Approval Submitting Department/Agency: Public Works Engineering, Parks and Recreation City Manager: AV 1 A RESOLUTION TO SUPPORT THE CITY'S 2023 2 APPLICATIONS FOR REBUILDING AMERICAN 3 INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY 4 PROGRAM FUNDING 5 6 WHEREAS, the City of Virginia Beach is an eligible sponsor to submit 7 applications through the United States Department of Transportation for funding from 8 the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program; 9 10 WHEREAS, the City has identified two projects for re-submittal for this funding 11 opportunity: Nimmo Parkway Phase VII-B and Virginia Beach Trail Phase; 12 13 WHEREAS, the appropriated funds in the Nimmo Parkway Phase VII-B (Capital 14 Project # 100278) are sufficient and available to meet the submitted local match; 15 16 WHEREAS, there is currently no appropriation for the Virginia Beach Trail Phase 17 I project, and a local commitment match of 20% ($3 million) would be required if that 18 project is awarded RAISE funds; and 19 20 WHEREAS, the total federal funds requested through this application is $32 21 million. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, THAT: 25 26 1. The City Council hereby supports the U. S. Department of Transportation 27 RAISE applications for the following projects: 28 29 a. Nimmo Parkway Phase VII-B; and 30 b. Virginia Beach Trail Phase I. 31 32 2. Should any project in this resolution be awarded funding, the City hereby 33 commits to fund the minimum local commitment match of 20% per project 34 as a condition of acceptance of RAISE funds. 35 36 3. The City Manager and/or his designee is hereby authorized to execute 37 necessary agreements and/or addendums for approved projects with the 38 U. S. Department of Transportation. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ciadJAA, B dget and Management Services _ i me 's Office CA16085/ R-1 / February 6, 2023 N *AA Pft.. 0441414 'W,- 0 . r zaz; A. R44 lus c.,-.' iv*, • ,,,,:,t7 0 /----7 ,,, ,. ,,,,,a, ist "s4 „„...,,AN, ITE a • i/P. ,147 ,40 / 4a` lip T"'40 4;0 • 4 KCI 01 I:pjlikl �,��.�s®cziftV4i *rift 0 Of A aNAN. itacyi Na re Viotti 4 ,074V 13 Too ,4• p --. ^%'`,# 111, . ,,,,,,, 0 itli Oa - *-' <'0. 4. '.; IV O C •� ��P '� ti�P.O• t /M o� (14144- -4V4.-.PPR, -/,e111 te T ' yOc4 �40•� 4 0�C qY� �'p BOO 4. . 41`7471 -C14° 'N).04113162 41444kz, '°.44\40:4/ :i f_2,0 -PA tsszerda- mike, vittc, 4Peo • AeaVe oa��ra G�4iW� Nr4t �� Ali— & 4 '. II til 1 0 4 . � c # rrd • -------,,,,.... 11111111‘40", o ,,cv�. ,Z �a cie, 4 8 etreAltivot‘ 4t. 4..0,,' ,� Gc\�, 00v4•c * wi00 1-113:436,P,,,•:z7%,4elt(i47404,4114',64 vv,,,,eummoycz, 4N/44-41r6iniv ov .0,4, pA.v . -4 cm lia-*N-- o.. -VOp- � 0* P4 i 0, � , are /y004 ir)Alt9( -0 co, k4/m, 9.,5c*z, 1 D 0 v 514i ,':TR#1/o 4/ c 1 40114474V el44 0 '6 .� n,41.4)4 C8 Om a.. Wii-V. la \;r• 40--Ak • !, LOCATION MAP o ° p / tiG Nimmo Parkway - PhaseVll-B g,I� o 0 0, D. o C I P # 100278 c o .. 1 Feet 0 600 1,200 2,400 k �- Pranorarl by P\A//Fnn/Fnn C,innnrt.Caniirae Ri Irani I n)_nF_)� X:\CADD\ProiectsWRC Files\AGENDA MAPS\Nimmo Pkwv\Phase VII ..4,. „ d _, _. /. t At. , /40.-,.,. ‘. N si-EYAN DR • /' '' - '. .._-_ rr, --- i ' LIJ ,,,r>, , 1/4: 71: i -1-.?.//,,., : oltt___. . ., ., '. ,t ___ 1 , , _ , i ,, ,.. . . / . sm. 1 . , 11Elyz - 0 z ___1.1'\ :i--iiimi4- - (• .0,. .7..)C\ ' s,.• ..* 1111 . ,, \ 1 S .h 4,, e ffi-uj ITE _ ON --::.,• 4.: 1-•_jilill - ,• il . , • i .. A . , --,... rNIIIMIIi& 1114404 I ... ii, ,, • ‘11111.11110e. . \) .. ,,••• ,/ ,,,r„ ., , . , 4-- _74 .-.0 \ 4' L- Ai. _ --,(., rap .- 1 A., :, • ' N /'.440.11-1 - . : .. - ,,,„ .,. , 1 vio .i. .01111k S:.•-11 1 ,'‘\ . ,...:.j,.‘"'""'"r' • \ . ,.• 7:411,•11--6•1,P ii,in,...A1Z1V.'"- .' / ,, i , / .1,„, --...„ At • ' ' ,di - itilb__ ,_. .'_J!-------5- iiiriT\__ i - , ,' imillk lk SINP,,‘ ) - , orr...„, i, --_. „L./ • ....,„: 4 10**/' • ), L_ , 1 • 4Nri,Aus„,,. Nam= /-7, iilk *• -:::,...",• -- :-. .. •- .,,,..A . 4- • ,,, -___,, . ,„,—,, 111111111111111 ,, -- . .. / . 4 - • MI ;_....1 •-•?„-k,_- . - -, . ' Alissii ___, 11 e- 1 ,:„,.,,,,.. i .;___ , ., _., , C- -70 .' ‘• .7 aivi' ;',/ /** 1„ _... . t...- .....00-„,..- .s.. ,‘ . a Zftrik It .' Ilk ' , . - ' ,.t. - A. . - - ,:-•-! ay."47 "..- " ,.-V.) '---7.'kitallik.• 'S:40- ' °'111‘gat Si ' ,,,JI._ . ,,- -- .\ • ....... , ell-Aftic - • ' •:4. ,-,....... - ii,,,,,.- , 1, .-- • man, . \vAvi••••. !!, WO% '- ..-- . V4 ta,. . ---_ .11 . . .-. • , i ---_AMMI ''' 100• - *7-'1'471! . - '' . "-'..:,.. IV. 4--? 11111011111 VIP..-4-:'•"-- \tillMli-' 111111111 _- -Agli s' ' ! •..,4.• alif fl 13 rx -- -\1.---N---rilir.yr law., -! 11111111111111.1111.i.- ri -Milk soiM,M1 1 . -' \ ....' -45 illIT1711,/,illgrAilININIIIIIIIIIIIE T Illk k41111116mmi iii. ) _ - , 11111111 . mmoniim - r--- m•w. - .‘ ; -. . i i r r--- ( ,,,. 71•,.-kill - . 03 l• , ' , 11 • , It 111. -. . '-- -11• 111t'''' ,. > . t,' --i_i .1 .4,\ ''.1.:..,.k, 1/ \\-''','7-'.'‘‘‘. ' lw ..____.,L\wilip46_ ..,... **,.---. .:. 4. 0 . •'. -?, . ., .. • ,174,ithi ri . ,,..._...f4,....,/ ..----- ,.., - . --. ..•.* - , ..., , ' 1..4). f-. \,-\ '4'., , • ,. 'ja 7"•,,,,,,,,, ,.• ell, -------------X-'''.._ a. --,- / ' 111111rof. •• '), 4 '•'i# lc ..`.•• • 1 v ., ..,..... •• , .lint Oirellr. -444.41%'1,.. : _., „ .. I 1/ v • ; tar. .,. - ;0,..\' -,. ‘•.---, ,' , ‘. ./., • 40rega 1111- IIIK,- 1----:.:', - ,Mk, 4T1 litk . ' '-':. ,-\i''''• \ 1_ _ ''--..., -,r.n.'. 7'• t_. 6V _,. ., .. A ;11V 4 ...._--'" \ ..1,,,,• \\/,‘ S.,... • • _. ----',---- 7 L '' ,f„.. ' \\ --. \ _. '. S. .4'106 %, ."..• likkillill. ,la .0 .• -. 1 ' . ,. .. .4 i... ' 1 r ,,i I , , ' * • AMP A i i , . ,3,. , , , ,,, ! A.._ ,.._ ,,_ -, ....., • —.L. - iiio, „ ,,,' / , ',;_•_•. . ,_. . , . _ IT- , —• ' 1 .• l.0-111*-,. /.'-:",-'7.,•-•i ...\ ' -' ' - 411, 4•• ' V ' • , / - i . 4 '-'`, -- '. it ,, ___ .• . ' , - . •• • • , .. , , A . .• , , , - -/ _ - it. , 1 _, . ., . , .. --- .c.7s0.;.r. .-- ' ' -: ' '.' - . : '-'------,, • ' ' I ... --_, ,- -- ' --,t. , .ft-111! ----____ .,_,,_--,. [- • _• „- ' ------ .• .t,_.,•: , .-_____ .1 , s. - -,. •....,. '• .-. 411 ,,A, 4 / N s4b ih , , r • 4/, •. .. . • . „ ' • •Ala ; , ,.. i - --'1. -' ' --7- i‘, y' ' •-'4\• • , , / il - i" -- ,___- ---1-'---4--,.. Alliiii -,. t '''-. .„ . 4 W.,. ',. • \ _ CV., , '/,. V ."\-., '•••' '11W1 '' S '1 •' '-Jr.-7"--- - '-' r'D •- ------ ' .1' ,. .4 ---- --.,..**/* ik - •; ......„,411111111 Z ...„... - ,A1""-- ._ LOCATION MAP 4." -:,::,:r .1- -11 ',,.--_... .T. ,..._- re VIRGINIA BEACH TRAIL 1 -- ,,, Alka. i 6 ' 4. _.,it. , : c ._ ., E, ,, , \ .tr,rarvi I ilk. .• .: _ -:- !, „__ , PHASE I , . , ,,,-, ,,, ', ,, \--,,,,. , .. , . ;,-- i 4 ) ./.77, ; Ti-. •-•• , ,, I - i.,..--- ,,, . - 40..1 --..,:_,,, •-7--,...„.....„-..,,,,---- :1 IN=O1C7==1 Feet it - r / _.• ' `-e"°1 •---11 •--.. .- • ."--'.' : .- . . lit . i )( - ! 1- ' a 0 1,250 2,500 5,000 Prepared by P.W./Eng./Eng.Support Services Bureau 02/6/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\Virginia Beach Trail Phase „,,,,,,,,k, �1�~yLi 7„, 'l L`Jv�r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve the School Board's Entry into an Interim Agreement for Design Work for Princess Anne High School, B.F. Williams/Bayside 6th, and Bayside High School MEETING DATE: February 21, 2023 • Background: The Public-Private Education Facilities and Infrastructure Act of 2002, Virginia Code §§ 56-575.1, et seq. (the "PPEA"), grants public entities the authority to create public-private partnerships for the development of a wide range of projects including educational facilities. The PPEA is intended to allow for timelier and more cost- effective procurement of such facilities. For purposes of the PPEA, the School Board meets the definition of "public entity” and "responsible public entity." The School Board has adopted procedures for the receipt, evaluation, and award of a PPEA project. These procedures are set forth in School Board Policy 3-71. The Virginia Beach City Public Schools (the "VBCPS") received an unsolicited proposal for the design and construction of Princess Anne High School, B.F. Williams/Bayside 6th, and Bayside High School (the "Projects"). Following the required procedures under the PPEA, the School Board accepted the unsolicited proposal and solicited competing conceptual proposals. After review of two conceptual proposals, the VBCPS requested detailed proposals from the two firms that submitted conceptual proposals. After review of the detailed proposals, the VBCPS negotiated an Interim Agreement with the preferred proposer, S.B. Ballard Construction Company. The proposed Interim Agreement, approved by the School Board on August 9, 2022, will provide a twelve-month performance period to develop 30% design documents for the Projects. The Interim Agreement is in an amount not to exceed $15,404,544, which is 55% of the total design budget of the three schools and 3.6% of the total budget for the Projects. The $15.4 million needed for this process is already appropriated within the three projects, meaning that the School Board is not requesting additional funding at this time. Currently School Board is not requesting the City Council approve a comprehensive agreement. The Interim Agreement will allow the School Board and VBCPS staff the opportunity to evaluate the merits of a possible comprehensive agreement using advanced design and to develop a funding plan for the debt service associated the Projects. This item was deferred on September 6, 2022, and October 18, 2022. • Considerations: When a public entity is a school board, the PPEA requires the local governing body to approve the entry into an interim or comprehensive agreement. The proposed Interim Agreement does not require the entry into a comprehensive agreement. Should the School Board and VBCPS staff not wish to move forward with the Projects at the conclusion of the Interim Agreement, the VBCPS would retain ownership of the design documents, which could be used to develop a traditional design-bid-build procurement for construction of the schools. Each of these three projects are currently within the approved six-year Capital Improvement Program (CIP); however, Bayside High School is not fully funded within the six-year period. Therefore, a future request to approve a comprehensive agreement will likely include a request for additional funding. Much like the approval of the Interim Agreement, the City Council would need to approve a comprehensive agreement prior to execution of such an agreement by the VBCPS. In addition to the resolution requested by the Virginia Beach School Board, there is an alternative resolution requested by Vice Mayor Wilson. This alternative resolution includes a requirement that the designs include cost options for each facility and that the engagement of stakeholders includes informing the public that the proposed construction timelines associated with the PPEA process may not be financially feasible. At the conclusion of the term of the Interim Agreement, the City Council would receive information regarding the cost options and a financing plan that allows the construction of the facilities without a requested tax increase or change to the City/Schools Revenue Sharing Policy. • Public Information: The VBCPS staff have briefed the City Council regarding this process on at least three occasions with the most recent briefing on February 7, 2023. This item was deferred on September 6, 2022 and October 18, 2022, and the City Council received public comment each meeting. • Attachments: Resolution (2 Versions), School Board Resolution Version 1: REQUESTED BY THE VIRGINIA BEACH SCHOOL BOARD Version 2: REQUESTED BY VICE MAYOR WILSON. REQUESTED BY THE VIRGINIA BEACH SCHOOL BOARD 1 A RESOLUTION TO APPROVE THE SCHOOL 2 BOARD'S ENTRY INTO AN INTERIM AGREEMENT 3 FOR DESIGN WORK FOR PRINCESS ANNE HIGH 4 SCHOOL, B.F. WILLIAMS/BAYSIDE 6TH, AND 5 BAYSIDE HIGH SCHOOL 6 7 WHEREAS, the Virginia Beach City Public Schools (the "VBCPS") and School 8 Board received an unsolicited proposal for the design and construction of Princess Anne 9 High School, B.F. Williams/Bayside 6th, and Bayside High School (the "Projects"); 10 11 WHEREAS, following the required procedures under the Virginia Public-Private 12 Education Facilities and Infrastructure Act ("PPEA"), the VBCPS accepted the unsolicited 13 proposal and solicited competing conceptual proposals; 14 15 WHEREAS, after review of two conceptual proposals, the VBCPS requested 16 detailed proposals from the two firms that submitted conceptual proposals; 17 18 WHEREAS, after review of the detailed proposals, the VBCPS negotiated an 19 Interim Agreement with the preferred proposer, S.B. Ballard Construction Company; 20 21 WHEREAS, the VBCPS has posted the Interim Agreement for the required 30 22 days and held a public hearing; 23 24 WHEREAS, the proposed Interim Agreement will advance design of the Projects 25 over the next twelve months, which should also allow the development of a proposed 26 comprehensive agreement, for the Projects with a not-to-exceed cost of $15,404,544; 27 28 WHEREAS, the School Board approved the Interim Agreement at its August 9, 29 2022, meeting; and 30 31 WHEREAS, the PPEA requires a school board obtain approval from the local 32 governing body prior to entry into an interim or comprehensive agreement; 33 34 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA. THAT: 36 37 The City Council hereby approves the School Board's entry into the Proposed 38 Interim Agreement for the Projects in an amount not-to-exceed $15,404,544. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: rney Office CA15878 / R-1 / February 15, 2023 REQUESTED BY VICE MAYOR WILSON 1 A RESOLUTION TO APPROVE THE SCHOOL 2 BOARD'S ENTRY INTO AN INTERIM AGREEMENT 3 FOR DESIGN WORK FOR PRINCESS ANNE HIGH 4 SCHOOL, B.F. WILLIAMS/BAYSIDE 6TH, AND 5 BAYSIDE HIGH SCHOOL AND TO REQUEST 6 CERTAIN ACTIONS RELATED THERETO 7 8 WHEREAS, the Virginia Beach City Public Schools (the "VBCPS") and School 9 Board received an unsolicited proposal for the design and construction of Princess 10 Anne High School, B.F. Williams/Bayside 6th, and Bayside High School (the "Projects"); 11 12 WHEREAS, following the required procedures under the Virginia Public-Private 13 Education Facilities and Infrastructure Act ("PPEA"), the VBCPS accepted the 14 unsolicited proposal and solicited competing conceptual proposals; 15 16 WHEREAS, after review of two conceptual proposals, the VBCPS requested 17 detailed proposals from the two firms that submitted conceptual proposals; 18 19 WHEREAS, after review of the detailed proposals, the VBCPS negotiated an 20 Interim Agreement with the preferred proposer, S.B. Ballard Construction Company; 21 22 WHEREAS, the VBCPS has posted the Interim Agreement for the required 30 23 days and held a public hearing; 24 25 WHEREAS, the proposed Interim Agreement will advance design of the Projects 26 over the next twelve months, which should also allow the development of a proposed 27 comprehensive agreement, for the Projects with a not-to-exceed cost of$15,404,544; 28 29 WHEREAS, the School Board approved the Interim Agreement at its August 9, 30 2022, meeting; 31 32 WHEREAS, the PPEA requires a school board obtain approval from the local 33 governing body prior to entry into an interim or comprehensive agreement; 34 35 WHEREAS, the City Council previously deferred action upon the School Board's 36 request to allow time for updating debt policies and to receive the School Board's 37 reversion request; 38 39 WHEREAS, representatives of VBCPS presented a briefing to the City Council 40 that provided updated cost estimates for the three school facilities that would be 41 developed using the PPEA process and noted that better cost estimates would be 42 provided once 30% designs are completed through the interim agreement process; and 43 44 WHEREAS, due to continued questions regarding the PPEA process and the 45 development of a long-term sustainability and affordability plan for Schools construction 46 projects, certain actions are required to allow the City Council to remain included in the 47 discussion of the PPEA process and beyond; 48 49 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH, VIRGINIA, THAT: 51 52 The City Council hereby approves the School Board's entry into the Proposed 53 Interim Agreement for the Projects in an amount not-to-exceed $15,404,544. 54 55 BE IT FURTHER RESOLVED, THAT: 56 57 The City Council hereby requests the following during the term of the Interim 58 Agreement: 59 60 a. VBCPS work with S.B. Ballard Construction Company to design functional school 61 facilities that include additions and deletions upon the base school facility design 62 that allow the consideration of at least three cost options for each facility; and 63 64 b. VBCPS engage with the stakeholders to gather meaningful public input on the 65 facility needs while responsibly informing the public that the proposed 66 construction timelines associated with the PPEA process may not be financially 67 feasible; 68 69 BE IT FURTHER RESOLVED, THAT: 70 71 The City Council hereby requests the following at the conclusion of the term of 72 the Interim Agreement: 73 74 a. VBCPS provide the City Council with updated design and construction cost 75 estimates for the three facilities including the three cost options for each; and 76 77 b. VBCPS present to the City Council and the public a financing plan that is 78 sustainable and affordable for the School Board to support without a requested 79 tax increase or restructuring of the City/School Revenue Sharing Formula. As a 80 capital project, the use of one-time funding such as reversion funds should be 81 included in this consideration. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APP D AS TO LEGAL SUFFICIENCY: or ey s ffice CA15878 / R-3 (VM Sponsor) / February 15, 2023 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 Princess Anne Beverly M Anderson Sharon R.Felton Jennifer S.Franklin -At .arge District 6- Beach District 2 Kvmpsv I e Dorothy M.Holtz Laura K Hughes Victoria C.Manning At Large _ At Large _ At-Large Jessica L.Owens Trenace B Riggs Carolyn D.Weems D:tr it 3-R. se Hal District 1-Centerville Dit•r_'4 Bayside Aaron C Spence.Ed.D Superintendent A RESOLUTION TO APPROVE THE SCHOOL BOARD'S ENTRY INTO AN INTERIM AGREEMENT FOR DESIGN WORK FOR PRINCESS ANNE HIGH SCHOOL,B.F.WILLIAMS/BAYSIDE 6TH,AND BAYSIDE HIGH SCHOOL WHEREAS,the School Board of the City of Virginia Beach,Virginia(hereinafter"School Board")received an unsolicited proposal for the design and construction of Princess Anne High School,B.F.Williams/Bayside 6th,and Bayside High School (the"Projects"); WHEREAS,following the required procedures under the Virginia Public-Private Education Facilities and Infrastructure Act ("PPEA")and School Board Policy 3-71,the School Board accepted the unsolicited proposal and solicited competing conceptual proposals; WHEREAS,after review of two conceptual proposals,the School Board requested detailed proposals from the two firms that submitted conceptual proposals; WHEREAS,after review of the detailed proposals,the School Board negotiated an Interim Agreement with the preferred proposer,S.B.Ballard Construction Company; WHEREAS,the School Board posted the Interim Agreement for the required 30 days and held a public hearing June 28, 2022; WHEREAS,the proposed Interim Agreement will advance design of the Projects over the next twelve months,which should also allow the development of a proposed comprehensive agreement,for the Projects with a not-to-exceed cost of $15,404,544; WHEREAS,the PPEA requires a school board obtain approval from the local governing body prior to entry into an interim or comprehensive agreement. NOW,THEREFORE BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH,VIRGINIA.THAT: 1. The School Board determines that entering into the Interim Agreement with S.B.Ballard Construction Company is in the best interest of the School Board and the School Division. 2. That this Resolution and the supporting documents should be sent to the City Council for approval for the School Board to enter into the Proposed Interim Agreement for the Projects in an amount not-to-exceed $15,404,544. 3. That,upon approval by the City Council,the Chair or designee is authorized to enter into and/or execute ' O f any and all documents or take any necessary actions to execute the Proposed Interim Agreement. �446 •'•••• ••'•��/ ` Adopted by the School Board this 9th day of August,2022 0. • 6 44. s• cot i4• �44" rt rI • • E 1 c-2' Carolyn T. Rye,Chai , 0 •'. ' l0}TTEST: • ;i3 Regina .Toneatto,Clerk of School Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive I PC t ox 603E Virginia Beach Virginia 23456 0038 www.vbschools.com 1.e`?1-4, � � >> is; "C.....is" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Intergovernmental Agreement Between the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach Regarding the Purchase of Agricultural Reserve Program Easements MEETING DATE: February 21, 2023 • Background: In 2022, the Virginia Department of Agriculture and Consumer Services ("VDACS") determined that the City of Virginia Beach (the "City") is eligible for additional State funding over the next two years in the maximum cumulative amount of $175,000.00, as reimbursement for certain costs to be incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program ("ARP"). The City previously approved the receipt of funding from VDACS on June 24, 2008, January 27, 2009, February 23, 2010, February 22, 2011, June 14, 2011, January 24, 2012, January 22, 2013, March 11, 2014, February 24, 2015, February 2, 2016, February 7, 2017, February 20, 2018, June 6, 2019, February 18, 2020 and April 19, 2022. Subject to the approval of the City Council, the City staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (the "Agreement") providing for the additional funding. • Considerations: The Agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easements, (2) the cost of appraisals, (3) attorney's fees, (4) the cost of surveys, (5) title insurance fees, (6) public notice costs and (7) recordation fees. The Agreement also allows the City to be reimbursed for other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The Agreement also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 50% of the costs listed above, up to the maximum cumulative amount of $175,000.00. • Public Information: No special advertising is required. Public information will be handled through the normal agenda process. • Recommendations: Adoption of Resolution • Attachments: Resolution and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Agriculture Department p.r. ------ City Manager: 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE OF 7 AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 10 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 11 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 12 within the City; 13 14 WHEREAS, since its inception of the ARP, approximately 10,416 acres of land 15 have been placed under easements restricting development of the land to agricultural 16 uses; 17 18 WHEREAS, the General Assembly, by Chapter 2 of the 2022 Special Session 19 Acts of Assembly, appropriated $875,000.00 in the fiscal year ending June 30, 2023 to 20 the Virginia Department of Agriculture and Consumer Services ("VDACS") for the 21 continuation of a state fund to match local governmental purchases of development 22 rights program funds for the preservation of working farms and forest lands; 23 24 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS' Office 25 of Farmland Preservation to develop methods and sources of revenue for allocating 26 funds to localities to purchase agricultural conservation easements; 27 28 WHEREAS, VDACS has determined that the City is eligible to receive 29 contributions of funds from VDACS in reimbursement for certain costs the City will incur 30 in the course of purchasing ARP easements; 31 32 WHEREAS, the City and VDACS desire to enter into an agreement wherein 33 VDACS will agree to reimburse the City for certain costs incurred by the City in the 34 course of purchasing ARP easements, up to a cumulative maximum amount of 35 $175,000.00 for a period of two (2) years from the date of the agreement; 36 37 WHEREAS, a copy of the proposed agreement between the City and VDACS, 38 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and 39 Consumer Services and The City of Virginia Beach," dated December 31, 2022 (the 40 "Agreement"), is on file in the City Clerk's Office; 41 42 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 43 Exhibit A; and 44 45 WHEREAS, the City Council finds that the terms of the said Agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of ARP easements. 48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 49 OF VIRGINIA BEACH: 50 51 That the City Manager is hereby authorized and directed to execute the 52 Intergovernmental Agreement between the Virginia Department of Agriculture and 53 Consumer Services and the City of Virginia Beach, dated December 31, 2022, so long 54 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 55 A and incorporated herein, and such other terms, conditions, or modifications as may be 56 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney, 57 and to take such measures as are necessary or advisable to implement the Agreement. 58 59 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 60 VIRGINIA BEACH: 61 62 That the City Council hereby expresses its appreciation to the Governor, the 63 General Assembly and the Virginia Department of Agriculture and Consumer Services 64 for their continued commitment to the preservation of agriculture within the 65 Commonwealth of Virginia and the City of Virginia Beach. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia on the day 68 of , 2023. Approved as to Content: Approved as to Legal Sufficiency: Dept. of Agriculture City Attorney CA15831 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d030\p040\00861861.doc R-1 January 31, 2023 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of $2,209,012.95 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 — 49,900.00 2/23/10 — 93,932.19 2/22/11 — 12,500.00 6/14/11 — 54,247.37 1/24/12 — 110,952.46 1/22/13 — 160,715.64 3/11/14 — 149,678.46 2/24/15 — 286,983.46 2/02/16 — 411,890.87 2/07/17 - 86,950.00 2/20/18 - 61,615.23 6/6/19 - 111,618.52 2/18/20 - 58,333.00 4/19/22 - 156,476.00 City is now eligible to receive an additional $175,000.00 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $175,000.00 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. • Utilize state funds to further protect agricultural lands by purchasing development rights. • Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (December 31, 2022 through December 31, 2024). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 rof[ 4iFISA,, � A3 r� s, vJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $48,294,167 of School Reversion and Revenue Sharing Funds MEETING DATE: February 21, 2023 • Background: The current City and Schools revenue sharing policy (the "Policy") has been in place since 2019. Section 6 of the Policy outlines the process for the School Board to request lapsed funds and overperformance of certain revenues. In accordance with the Policy, the School Board adopted a Resolution on November 9, 2022, which is attached hereto. The total amount that the School Board is requesting to be appropriated by City Council is $48,294,167. Comprising the total amount is $15,680,703 of School Operating reversion funds, $3,746,765 of unspent debt service from the FY 2021-22 budget, $938,410 of additional revenue over the appropriated budget, $296,396 of reverted funds from the Athletics fund, $409,492 of reverted funds from the Green Run Collegiate Charter School fund, and $27,222,401 due to the overperformance of revenues that comprise the Revenue Sharing Formula. The School Board has requested funds be appropriated in the following manner: 1. A total of$35,294,167 to be appropriated to the FY 2022-23 CIP Fund, transferred in the form of pay-as-you-go funding: a. $3,746,765 with a corresponding reduction in authorized but unissued. Public Facility Revenue Bonds; b. $5,572,862 to offset state construction grants revenue under budget as estimated in the Adopted FY 2022-23 CIP; c. Project 1-015 Princess Anne High School Replacement - $10,547,220; d. Project 1-028 B.F Williams/Bayside 6th (Grade 4-6) School Replacement - $7,547,220; e. Project 1-029 Bayside High School Replacement - $4,880,100; f. Project 1-030 Payroll System Replacement- $3,000,000; 2. $11,000,000 to be appropriated to School Reserve Special Revenue Funds to be set-aside for Capital Project #1-018 Renovations and Replacement- HVAC Phase III ($9,200,000) and Capital Project #1-019 Renovations — Roofing ($1,800,000) for use in the FY 2023-24 Capital Improvement Program; and 3. $2,000,000 to be appropriated to the Risk Management fund. This request was deferred at the December 13, 2022, City Council meeting to February 21, 2023. That deferral was to synch this request with a request to approve a PPEA Interim Agreement. • Considerations: The attached ordinance presents to the City Council the proposed used of funds by the School Board. As required by the Policy, the Department of Budget and Management Services has prepared an ordinance for the City Council to consider the School Board's request. • Public Information: Public information will be provided through the normal City Council agenda process. In addition, the amount of the appropriation request exceeds 1% of the Operating Budget, so a public notice was placed in the November 27, 2022, Beacon for a public hearing held on December 6, 2022. • Attachments: Ordinance, School Board Resolution Requested by the School Board of the City of Virginia Beach REQUESTED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH 1 AN ORDINANCE TO APPROPRIATE $48,294,167 OF 2 SCHOOL REVERSION AND REVENUE SHARING FUNDS 3 4 WHEREAS, the School Board of the City of Virginia Beach adopted a Resolution 5 Regarding FY 2021-22 Reversion and Revenue Sharing Formula Reconciliation on 6 November 9, 2022; and 7 8 WHEREAS, a public hearing was held on December 6, 2022 to meet the statutory 9 requirement of a budget amendment that exceeds 1% of the City's FY 2022-23 Operating 10 Budget; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA THAT: 14 15 1. $48,294,167 in reversion and revenue sharing funds are hereby appropriated for 16 the following purposes: 17 a. $11,000,000 to be appropriated to the School Reserve Special Revenue fund 18 to be set-aside for use in the FY 2023-24 Capital Improvement Program; 19 b. $35,294,167 to be appropriated to the Schools' CIP fund: 20 • $3,746,765 as pay-go with a corresponding reduction in authorized but 21 unissued Public Facility Revenue Bonds; 22 • $5,572,862 with a corresponding reduction in estimated state 23 construction grant revenue; 24 • Project 1-015 Princess Anne High School Replacement - $10,547,220; 25 • Project 1-028 B.F Williams/Bayside 6th (Grade 4-6) School Replacement 26 - $7,547,220; 27 • Project 1-029 Bayside High School Replacement - $4,880,100; 28 • Project 1-030 Payroll System Replacement- $3,000,000; and 29 2. $2,000,000 to be appropriated to the Schools' Risk Management Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I.' B dget an anagement Services on ey's ffice CA15981 R-2 February 9, 2023 ft* . '•a 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—Princess 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 8. Riggs Carolyn D. Weems District 3—Rose Hall District 1—Centerville District 4- Bayside Aaron C. Spence, Ed.D., Superintendent Budget Resolution Regarding FY 2021/22 Reversion and Revenue Sharing Formula Reconciliation WHEREAS,on September 27, 2022,the School Board was presented with a summary of the unaudited financial statements for FY 2021!22 (year-ending June 30, 2022), showing the reversion amount to the city's General fund;and WHEREAS,$15,680,703 is the amount of School Operating reversion funds available(excluding debt service and revenues over.under budget);and WHEREAS,$3,746,765 is the amount remaining in debt service from the FY 2021/22 budget due to the timing of bond sales, increasing the School Operating reversion amount to$19,427,468;and WHEREAS, $938,410 came in as additional revenue over the appropriated budget, increasing the School Operating reversion amount to$20,365,878;and WHEREAS,$296,396 reverted from the Athletics fund and$409,492 reverted from the Green Run Collegiate Charter School fund;and WHEREAS,the current total amount available for re-appropriation is $21,071,766; and WHEREAS,the city is currently indicating an FY 2021/22 revenue actual over budget of$27,222,401 based on the Revenue Sharing Formula; and WHEREAS,the total amount available for re-appropriation is$48,294,167; and WHEREAS,the Administration recommends the following for the available funds in the amount of $48,294,167: • $35,294,167 to be re-appropriated to the FY 2022/23 Capital Improvement Program - $3,746,765 to be transferred in the form of pay-as-you-go funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds - $5,572,862 to be transferred in the form of pay-as-you-go funding to offset state construction grants revenue under budget Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value DyJerences 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach.Virginia 23456-0038 wwwvbschools corn 14 M1 • '�• II k * VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2 Budget Resolution Regarding FY 2021/22 Reversion and Revenue Sharing Formula Reconciliation (continued) - $10,547,220 to be transferred in the form of pay-as-you-go funding for project 1-015 Princess Anne High School Replacement - $7,547,220 to be transferred in the form of pay-as-you-go funding for project 1-028 B.F. Williams/Bayside 6th(Grades 4-6)Replacement - $4,880,100 to be transferred in the form of pay-as-you-go funding for project 1-029 Bayside High School Replacement - $3,000,000 to be to be transferred in the form of pay-as-you-go funding for project 1-030 Payroll System Replacement • $11,000,000 to be re-appropriated to the School Reserve Special Revenue fund to be set-aside for projects 1-018 Renovations and Replacements - HVAC Phase III($9,200,000) and 1-0 1 9 Renovations and Replacements - Reroofing($1,800,000) for use in the FY 2023/24 Capital Improvement Program • $2,000,000 to be re-appropriated to the Risk Management fund NOW,THEREFORE,BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the FY 2021/22 Reversion and Revenue Sharing Formula Reconciliation funds as presented by the Administration;and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re- appropriation of FY 2021/22 Reversion and Revenue Sharing Formula Reconciliation funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council,the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 9th day of November 2022. . 01.1 V f ii itit 16 i1. •• '. �� / • r s —A 1.11 te. , _ 1.,43,,,e___ _ d: S E jjj '; '• Carolyn T.Rye, Sch a :�.and Chai q • ' \ DpI/0S• 10 Attest: 41 --f\-3-4917--- Regina 1 Toneatto, Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together• Value Differences 2512 George Mason Drive 1 P.O Box 6038 1 Virginia Beach.Virginia 23456.0038 www.vbschoots corn [ ,i-Olik:, fEC,. ,.✓:.12, :::„. E `• +J L~.,_..aa"�J CITY OF VIRGINIA� BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Surplus Funds from a Tax Sale and Pay the Same to the Administrator of the Estate of Leslie Ann Parker MEETING DATE: February 21, 2023 • Background: The City Treasurer initiated the tax sale process for the property located at 565 Water Oak Road. After court-ordered auction of the property, payment of the costs of the tax sale, and payment of delinquent taxes and nuisance liens, there were surplus funds in the amount of$145,285.63. After holding the surplus funds for two years, the circuit court returned such funds to the City as provided by Virginia Code § 58.1-3967, and such funds have resided in a liability account since this return. The administrator of the Estate of Leslie Ann Parker, deceased, petitioned the circuit court for release of the surplus funds, but the circuit court had already provided these funds to the City. The administrator of the Estate of Leslie Ann Parker, deceased, has requested the City Council approve the return of the surplus funds, and Virginia Code § 58.1-3967 requires an ordinance to grant this relief. • Considerations: The attached ordinance appropriates the funds that were returned to the City and authorizes payment of the funds to the administrator of the Estate of Leslie Ann Parker. These funds were never comingled with other operating funds, so there is no impact to City operations. • Public Information: Normal City Council agenda processes. • Attachment: Ordinance Submitting Agency: City Treasurer 1 AN ORDINANCE TO APPROPRIATE SURPLUS FUNDS 2 FROM A TAX SALE AND PAY THE SAME TO THE 3 ADMINISTRATOR OF THE ESTATE OF LESLIE ANN 4 PARKER 5 6 WHEREAS, the City Treasurer initiated the tax sale process for the property 7 located at 565 Water Oak Road; 8 9 WHEREAS, after court-ordered auction of the property, payment of the costs of 10 the tax sale, and payment of delinquent taxes and nuisance liens, there were surplus 11 funds in the amount of$145,285.63; 12 13 WHEREAS, after holding the surplus funds for two years, the circuit court returned 14 such funds to the City as provided by Virginia Code § 58.1-3967, and such funds have 15 resided in a liability account since this return; 16 17 WHEREAS, the administrator of the Estate of Leslie Ann Parker, deceased, 18 petitioned the circuit court for release of the surplus funds, but the circuit court had already 19 provided these funds to the City; and 20 21 WHEREAS, the administrator of the Estate of Leslie Ann Parker, deceased, has 22 requested the City Council approve the return of the surplus funds, and Virginia Code § 23 58.1-3967 requires an ordinance to grant this relief; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 $145,285.63 is hereby appropriated within the General Fund and such funds are 29 to be provided to the Estate of Leslie Ann Parker. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: jiAsiok C-rWriflift Budget and Management Services i orn y's Office CA16032 R-1 February 8, 2023 " S( ,tiy" , -,.N.* -,- .......,-;- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $70,000 of Fund Balance of the General Fund for an Incentive Grant to Old Dominion University for the Creation of the Institute of Data Science at Town Center MEETING DATE: February 21, 2023 ■ Background: Old Dominion University (ODU) is creating a new Institute of Data Science at Town Center (the "Institute") in collaboration with Thomas Jefferson National Accelerator Laboratory (JLab) and NASA Langley Research Center. The Institute of Data Science will create an opportunity to train a segment of the local workforce for the emerging data science market. The Institute will focus on the high growth and strong specialization areas in cybersecurity, marine engineering, and logistics occupations. The Institute also will allow civilian and military staff opportunities to further specialize in defense-related data science sectors including computer systems and programming services, engineering services, and shipbuilding and repairs. It is anticipated that ODU will employ seven new facility and host 250 students. The buildout is projected to cost $1.8 million and would generate about $70,000 in real estate taxes annually. To offset this cost, ODU is requesting an ongoing grant from the City for the next ten years. • Considerations: The attached ordinance provides for a $70,000 grant to ODU to offset the real estate tax otherwise incurred by the leasing of this space. The landlord is taxable for local property taxes, so the tax-exempt status of the tenant does not determine the taxability of the space. If approved, the City Manager will program this grant into the FY 2023-24 Operating Budget. • Public Information: Normal City Council agenda processes. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: ill 0 1 AN ORDINANCE TO APPROPRIATE $70,000 OF FUND 2 BALANCE OF THE GENERAL FUND FOR AN INCENTIVE 3 GRANT TO OLD DOMINION UNIVERSITY FOR THE 4 CREATION OF THE INSTITUTE OF DATA SCIENCE AT 5 TOWN CENTER 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 That $70,000 is hereby appropriated from the fund balance of the General Fund to 11 the FY 2022-23 Non-Departmental Operating Budget for an incentive grant to Old 12 Dominion University for the Institute of Data Science at Town Center. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CIttbfk(72k Budget and Management Services • ttorn y's ffice CA16084 R-1 February 8, 2023 lO. i^�hyLi ii`4�v-lJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $3,510 from AARP and FitLot for Instructors at the Williams Farm Outdoor Fitness Park MEETING DATE: February 21, 2023 • Background: In 2021, the Department of Parks & Recreation received funding from AARP and FitLot to construct an outdoor fitness park at Williams Farm Park. Programming for the park began in the spring of 2022, and the Department received funding in the initial grant to cover the cost of instructors for 52 classes per year. The Department is now entering year two of programming and would like to accept additional funds from AARP and FitLot to cover the costs of instructors. • Considerations: By participating in this grant program, the Department of Parks and Recreation's Fitness & Wellness Unit can continue to provide fitness and wellness opportunities that remove the barriers of access and cost. This grant in the amount of $3,510 will cover the cost of instructors for 52 classes that will be offered free of charge at the FitLot at Williams Farm Park. • Recommendations: Adopt the attached ordinance. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $3,510 FROM AARP AND FITLOT FOR 3 INSTRUCTORS AT THE WILLIAMS FARM OUTDOOR 4 FITNESS PARK 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 Grant funds in the amount of $3,510 are hereby accepted from AARP and FitLot 10 and appropriated, with revenue increased accordingly, to FY 2022-23 Operating Budget 11 of the Department of Parks and Recreation for instructors at the Williams Farm Outdoor 12 Fitness Park. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services orney's Office CA16087 R-1 February 8, 2023 L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PLANNING COUNCIL PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda (including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to 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=ea925 e63 66d0615 faa9bc2246faa 16cfc 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on February 21, 2023. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 DATE:02/07/2023 PAGE: 1 B S AGENDA R H H C ITEM# SUBJECT MOTION VOTE- L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O C Y L 0 I OUML S T HE EMCN S A O O E I R Y B K DENR N N CITY COUNCIL'S BRIEFINGS A. GENERAL ASSEMBLY LEGISLATIVE Debra M.Bryan, UPDATE Director of Legislative Affairs B. JOINT CIP CITY AND SCHOOL BOARD Melisa A. Ingram, MODERNIZATION REVIEW Executive Director, COMMITTEE UPDATE Office of Facilities —VBCPS C. YOUTH TACKLE FOOTBALL Don Marcari, (Requested by Council Member Wooten) Football Commissioner Great Neck Athletic Association Jeff Doy Director of Tackle Football Great Neck Athletic Association D. STEVEN A.COHEN MILITARY FAMILY Tina Gill, CLINIC AT THE UP CENTER President&CEO (Requested by Council Member Berlucchi) —The Up Center E. INDEPENDENT CITIZEN REVIEW BOARD Andrew Damon, STATUS UPDATE Legislative Affairs (Requested by Council Member Wooten) Analyst II-VI CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-E G. MINUTES 1. INFORMAL and FORMAL SESSIONS APPROVED 1 1-I) Y Y Y Y Y Y Y Y Y Y Y January 17,2023 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN MEMORIAM-Earl M. Tebault Family of Mr.Tebault accepting 2. AFRICAN AMERICAN HERITAGE MONTH PROCLAMATION 3. CONGENITAL HEART DISEASE AWARENESS WEEK PROCLAMATION I. PUBLIC HEARING 1. CHANGE THE POLLING LOCATION FOR NO SPEAKERS PRECINCT 0040 AND REQUEST A WAIVER TO ADMINISTER A SPLIT PRECINCT FOR PRECINCT 0069 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 DATE:02/07/2023 PAGE: 2 B S AGENDA R H H C ITEM# SUBJECT MOTION VOTE L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O C Y L 0 I OUML S T HE EMCN S A O O E I R YBK DEN R N N K.1. Ordinance to AMEND City Code Section 10-1 re DEFERRED TO 11-0 Y Y Y Y Y Y YYYY Y change the polling location for Precinct 0040 to FEBRUARY 21, Union Baptist Church at 4608 South Boulevard 2023,BY CONSENT and to REQUEST a waiver to administer a split precinct for Precinct 0069 (Requested by the Virginia Beach Electoral Board) K.2. Ordinance to ADOPT a City Council Policy re ADOPTED,BY 11-0 Y Y Y Y Y Y YYYY Y City Council Agendas (Requested by City CONSENT Council) K.3. Ordinance to APPROPRIATE$223,801 of Fund ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Balance from the General Fund to the FY2022-23 CONSENT Parks and Recreation Operating Budget and AUTHORIZE 5.93 positions re "Parks After Dark"pilot program(Requested by Mayor Dyer and Vice Mayor Wilson) K.4. Ordinance to AMEND Section 2-6 of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re membership of the Resort Advisory CONSENT Commission(RAC)(Requested by Vice Mayor Wilson and Council Members Remick and Taylor) K.5. Resolution to ADOPT an Updated City Council ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Policy re Management of Tax-Supported Debt CONSENT K.6. Ordinance to AMEND the Parks and Recreation ADOPTED,BY 11-0 Y Y Y Y Y Y YYY Y Y Commission membership CONSENT K.7. Ordinance to AMEND Section 2-396 re the ADOPTED,BY 11-0 Y Y YYY YYYYY Y Planning Commission membership CONSENT K.8. Ordinance to AMEND Section 6-162 of the City ADOPTED,BY 11-0 Y Y Y YYY YYYY Y Code re the Beaches and Waterways CONSENT Commission membership K.9. Resolution to AMEND the City's Transition ADOPTED,BY 11-0 Y Y Y YYY YYYY Y Area/Interfacility Traffic Area Citizens' CONSENT Advisory Committee membership K.10. Resolution to AMEND the Bayfront Advisory ADOPTED,BY 11-0 Y Y Y YYY YYYY Y Commission membership CONSENT K.11. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y YYYY Y encroachments into a portion of City-Owned CONSENT property located at the rear of 845 Romney Lane re maintain two (2) existing shrubs and construct and maintain a six(6')foot tall vinyl fence DISTRICT 9(Formerly District 4-Bayside) K.12. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y YYY YYYY Y encroachments into a portion of City-owned CONSENT property known as Treasure Canal,located at the rear of 2004 Compass Circle re construct and maintain two (2) four pile boat lifts, a vinyl bulkhead,a wharf,two(2)piers,and granite quarry stone rip-rap,and to maintain two(2) existing concrete bag bulkhead, and existing rip-rap DISTRICT 8 (Formerly District 5 - Lynnhaven) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 DATE:02/07/2023 PAGE: 3 B S AGENDA ITEM# SUBJECT MOTION VOTE R H H C L HOR A H T W W U E L EMRU A I O CDNCMMOL Y L O C Y L 0 I OUML S HE EMCN S A O O E I R YBK DENRNN K.13. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y YYY YYYY Y encroachments into a portion ofa City-owned 300' CONSENT Canal Easement, located at the rear of 1960 Tibbetstown Drive re construct and maintain a wood dock,flexamat,two(2)sections of rip-rap and wood pier DISTRICT 5(Formerly District 7 —Princess Anne) K.14. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y YYYY Y encroachments into a portion of City-Owned CONSENT property known as Lake Joyce and the twenty-foot (20')strip of land around Lake Joyce,located at the rear of 4501 Powells Point Road re construct and maintain a bulkhead,sand backfilled not more than 2'from existing bulkhead,with two (2) returns walls, a floating dock, a mooring pile,an L-shaped jet dock and to maintain an existing paver pool deck,a paver patio deck,a stepped walkway and two(2)chain link fences DISTRICT 9(Formerly District 4—Bayside) K.15. Ordinance to ACCEPT an In-Kind Grant from the ADOPTED,BY 11-0 Y Y Y YYY YYYY Y University of Florida Shelter Medicine Program re CONSENT Animal Shelter Consultation K.16. Ordinance to APPROPRIATE $1.5-Million of ADOPTED, 11-0 Y Y Y YYY YYYY Y Fund Balance from the Tourism Investment UPDATED Program(TIP)fund and AUTHORIZE the City VERSION,BY Manager to EXECUTE a Sponsorship Agreement CONSENT with Live Nation Worldwide, Inc. re"BEACH IT"Musical Festival K.17. Ordinance to TRANSFER$349,958 of Vacancy ADOPTED 8-3 Y Y Y YYY NYNYN Savings within the General Fund to the FY2022- 23 Communications Office Operating Budget and AUTHORIZE the City Manager enter into a Contract with the University of Virginia's Weldon Cooper Center for Public Service re community engagement for the City's Election System K.18. Ordinance to TRANSFER$140,000 within the ADOPTED,BY 11-0 Y Y Y YYY YYYY Y Parks and Recreation Operating Budget re fund the CONSENT Summer Youth Employment Program through the remainder of the fiscal year K.19. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y YYYY Y $341,001 in grant funds from Eastern Virginia CONSENT Medical School to the FY2022—23 Parks and Recreation Operating Budget re support the Out of School Time program K.20. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y YYY YYYY Y $190,000 from the Virginia Department of CONSENT Behavioral Health and Developmental Services to the FY2022-23 Human Services Operating Budget and AUTHORIZE one(1)position re support information technology infrastructure K.21. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y YYY YYYY Y $14,354.53 from the Virginia Department of CONSENT Forestry to the FY2022-23 Parks and Recreation Operating Budget re projects related to public education, outdoor recreation, and forest conservation initiatives CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 DATE:02/07/2023 PAGE: 4 B S AGENDA ITEM# SUBJECT MOTION VOTE R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L 0 C Y L 0 I OUML S T HE EMCN S A O O E I R YBK D E N R N N L.1. KM CASH CONSTRUCTION CORP for a APPROVED/ 11-0 Y Y Y YYY YYYY Y Variance to Section 4.4(b) of the Subdivision CONDITIONED, Regulations re reconfigure two(2)lots at 3536 BY CONSENT Boyd Road DISTRICT 3(Formerly District 6— Beach) L.2. TONY SAADY&LINA A.SAADY/TONY J. DEFERRED TO 11-0 Y Y Y Y Y Y YYYY Y & LINA AZAR-SAADY, TRUSTEES OF MARCH 7,2023, TONY & LINA SAADY REVOCABLE BY CONSENT LIVING TRUST for a Variance to Section 4.1(m) of the Subdivision Regulations re subdivide two (2)lots at 5020 Lord Felton Lane DISTRICT 9 (Formerly District 4-Bayside) L.3. LUCY GWALTNEY CLAY LIVING TRUST APPROVED/ 11-0 Y Y Y YYY YYYY Y for a Change in Nonconformity re renovate a CONDITIONED, secondary dwelling at 102A& 102B 45th Street BY CONSENT DISTRICT 6(Formerly District 6-Beach) L.4. AGI-VB HOLDING,LLC for a Modification of APPROVED/ 11-0 Y Y Y Y Y Y YYYY Y Proffers re amend the proffered conceptual plan MODIFIED,AS associated with the 2014 Conditional Rezoning PROFFERED,BY request and add a 2,100 square foot outside café CONSENT and two 814 square foot storage units at 1925 Fischer Arch DISTRICT 2(Formerly District 7- Princess Anne) L.5. LEGACY HAVEN ANIMAL RESCUE/ DENIED 11-0 N NNNNN NNNNN ELAINE SWARTS fora Conditional Use Permit re residential kennel at 5433 Hunt Club Drive District 1(Formerly District 2-Kempsville) L.6. LASHAWNA D.POWELL/SST HOLDINGS, APPROVED/ 11-0 Y Y Y Y Y Y YYYY Y LLC for a Conditional Use Permit re assembly CONDITIONED, use at 701 South Military Highway, Suite F BY CONSENT DISTRICT 1(Formerly District 2-Kempsville) L.7. VB BTS II,LLC/VIRGINIA ELECTRIC AND DEFERRED TO 11-0 Y Y Y YYY YYYY Y POWER COMPANY d/b/a DOMINION MARCH 7,2023, ENERGY VIRGINIA for a Conditional Use BY CONSENT Permit re communication tower at 568 North Lynnhaven Road DISTRICT 8(Formerly District 5-Lynnhaven) L.8. Ordinance to AMEND City Zoning Ordinance APPROVED,AS 11-0 Y Y Y YYY YYYY Y (CZO) Section 901 re allow for ice vending REVISED,BY machines as accessory uses to shopping centers CONSENT in B-2,B-3,and B-4 Zoning Districts(Sponsored by Vice Mayor Wilson) M. APPOINTMENTS RESCHEDULED BYCO N S ENS U S ACTIVE TRANSPORTATION BAYFRONT ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE:02/07/2023 PAGE: 5 B S AGENDA ITEM# SUBJECT MOTION VOTE R H H C L H O R A H T W W U E L EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T HE EMCN S AOOE I R YBK D EN R N N GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6:57 P.M. OPEN DIALOGUE 7 SPEAKERS 7:22 P.M.