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HomeMy WebLinkAbout12-5-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large G�c11Agq�, VICE MAYOR ROSEMARY WILSON-District 5 MICHAEL F.BERLUCCHI-District 3 pk BARBARA M.HENLEY-District 2 VACANT-District I U S ROBERT W. "WORTH"REMICK-District 6 DR.AMELIA N.ROSS-HAMMOND-District 4 JENNIFER ROUSE-District 10 JOASHUA F. "JOASH"SCHULMAN-District 9 ° °°e ■ ,oil CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 CITY HALL BUILDING I CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITYATIORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303 CITY ASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CITYAUDITOR—LYNDONS.REMIAS December 5, 2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:00 PM A. PUBLIC DEFENDER SERVICES OVERVIEW Cal Bain, Virginia Beach Public Defender (Requested by Vice Mayor Wilson and Council Members Berlucchi and Ross-Hammond) B. DOMINION ENERGY PROJECT UPDATE 1:30 PM Carrie Rose Pace, Senior Communications Specialist Kyle Keno, Dominion Electric Transmission Strategic Project Advisor (Requested by Council Members Henley, Remick and Ross-Hammond) II. CITY MANAGER'S BRIEFING A. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 2:00 PM Jeff Waller, P.E., Chair—Flood Prevention Bond Referendum Oversight Board Leisha Pica, Program Manager—Jacobs Engineering III. CITY COUNCIL LIAISON REPORTS 2:45 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 PM V. CITY COUNCIL AGENDA REVIEW 3:15 PM VI. INFORMAL SESSION - Conference Room- 3:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION The Reverend Julia Messer-Croteau Rector, St. Aidan's Episcopal Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 14, 2023 2. INFORMAL AND FORMAL SESSIONS November 21, 2023 3. FORMAL SESSION November 28, 2023 H. MAYOR'S PRESENTATIONS 1. RESOLUTION - EMERGENCY CORONARY CARE PROGRAM 501h ANNIVERSARY Chief Stroud, Deputy Chiefs Amy Ward, Clay Cofer and Volunteer Deputy Chief Ellen McBride 2. GOLD MEDAL AWARD—VIRGINIA BEACH PARKS AND RECREATION Darrell Crittendon, American Academy for Park and Recreation Administration(AAPRA) I. PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL LANDS PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 143.38 acres of land located at 4381 Muddy Creek Road 2. PROPOSED PROPERTY TAX EXEMPTION Commonwealth Catholic Charities Hospice House of Hampton Roads Only His Grace, Inc. Skilled Foundations Speak Up for a Change Virginia Beach Recovery Club, Inc. 3. LEASE OF CITY PROPERTY—FARMERS MARKET Building 2, Space 12 to The Country Butcher Shop, Inc. 4. DEDICATION OF EASEMENTS TO DOMINION ENERGY VIRGINIA 9,708 Sq. Ft. (0.223 Acres) at 2283, 2285 and 2287 Landstown Road 323 Sq. Ft. (0.007 Acres) at 4200 North Witchduck Road 1,253 Sq. Ft. (0.0288 Acres) at 2401 Plantation Drive 213 Sq. Ft. (0.005 Acres) at 3030 Bray Road J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES /RESOLUTIONS 1. Ordinance to AMEND City Code Section 2-5 re Members of the Historic Preservation Commission (Requested by Mayor Dyer and Vice-Mayor Wilson) 2. Ordinance to AMEND City Code Section 2-451 re Boards and Commissions 3. Ordinance to REPEAL City Code Section 2-452 re Military Liaison Commission 4. Ordinance to REPEAL Article II, Chapter 6 re Port of Virginia Beach Advisory Commission 5. Resolution to ESTABLISH a 90-day Festival Task Force (Requested by Vice-Mayor Wilson and Council Members Berlucchi, Remick, Ross-Hammond, and Schulman) Deferred from November 14, 2023 6. Resolution to APPROVE the amendments to the Resort Advisory Commission Bylaws 7. Ordinance to DONATE to the Office of Attorney General re 44 ballistic vests 8. Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way known as Bobolink Drive at 1045 Bobolink Drive re maintain hardscaping and landscaping DISTRICT 6 9. Ordinance to APPROPRIATE funds from the Tourism Investment Program (TIP) Fund Balance and AWARD a $170,000 grant to Hampton Roads Soccer Council re site plan and engineering work to returf and light several soccer fields at the Hampton Roads Soccer Complex (Requested by Mayor Dyer and Council Members Remick, Ross-Hammond, Schulman and Taylor) 10. Ordinance to ACCEPT and APPROPRIATE $803,000 from the Virginia Department of Juvenile Justice to the FY2023-24 Human Services Operating Budget re Juvenile Detention Center 11. Ordinance to ACCEPT and APPROPRIATE $36,008.47 from the Virginia Beach Library Foundation to the FY 2023-24 Public Libraries Operating Budget re acquisition of a new bookmobile 12. Ordinance to ACCEPT and APPROPRIATE State funds totaling $63,164 from the Virginia Department of Environmental Quality to the Waste Management Enterprise Fund within the FY 2023-24 Public Works Operating Budget ($51,332) and Park and Recreation Operating Budget ($11,832)re litter prevention and recycling 13. Ordinance to TRANSFER$1,750,000 from Capital Project#100147"Atlantic Park Parking"to Capital Project #100606 "Atlantic Park Offsite Infrastructure" re replenish construction contingencies and meet anticipated requirements to complete the offsite infrastructure work L. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents) is available at https://clerk.virginiabeach. og v/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 TCheliusavb og v.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx.Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/rb7902acce3999c072251 a525eb01 af35 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on December 5,2023. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:00 PM A. PUBLIC DEFENDER SERVICES OVERVIEW Cal Bain, Virginia Beach Public Defender (Requested by Vice Mayor Wilson and Council Members Berlucchi and Ross-Hammond) B. DOMINION ENERGY PROJECT UPDATE 1:30 PM Carrie Rose Pace, Senior Communications Specialist Kyle Keno, Dominion Electric Transmission Strategic Project Advisor (Requested by Council Members Henley, Remick and Ross-Hammond) II. CITY MANAGER'S BRIEFING A. FLOOD PROTECTION PROGRAM AND CAPITAL IMPROVEMENT UPDATE 2:00 PM Jeff Waller, P.E., Chair—Flood Prevention Bond Referendum Oversight Board Leisha Pica, Program Manager—Jacobs Engineering III. CITY COUNCIL LIAISON REPORTS 2:45 PM IV. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 3:00 PM V. CITY COUNCIL AGENDA REVIEW 3:15 PM VI. INFORMAL SESSION - Conference Room- 3:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION The Reverend Julia Messer-Croteau Rector, St. Aidan's Episcopal Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 14, 2023 2. INFORMAL AND FORMAL SESSIONS November 21, 2023 3. FORMAL SESSION November 28, 2023 H. MAYOR'S PRESENTATIONS 1. RESOLUTION - EMERGENCY CORONARY CARE PROGRAM 501h ANNIVERSARY Chief Stroud, Deputy Chiefs Amy Ward, Clay Cofer and Volunteer Deputy Chief Ellen McBride 2. GOLD MEDAL AWARD—VIRGINIA BEACH PARKS AND RECREATION Darrell Crittendon, American Academy for Park and Recreation Administration (AAPRA) I. PUBLIC HEARINGS l. ACQUISITION OF AGRICULTURAL LANDS PRESERVATION(ARP)EASEMENT Installment Purchase Agreement for 143.38 acres of land located at 4381 Muddy Creek Road 2. PROPOSED PROPERTY TAX EXEMPTION Commonwealth Catholic Charities Hospice House of Hampton Roads Only His Grace, Inc. Skilled Foundations Speak Up for a Change Virginia Beach Recovery Club, Inc. 3. LEASE OF CITY PROPERTY—FARMERS MARKET Building 2, Space 12 to The Country Butcher Shop, Inc. 4. DEDICATION OF EASEMENTS TO DOMINION ENERGY VIRGINIA 9,708 Sq. Ft. (0.223 Acres) at 2283, 2285 and 2287 Landstown Road 323 Sq. Ft. (0.007 Acres) at 4200 North Witchduck Road 1,253 Sq. Ft. (0.0288 Acres) at 2401 Plantation Drive 213 Sq. Ft. (0.005 Acres) at 3030 Bray Road r 4: NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH,VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach,Virginia,will hold a public hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 143.38 acres of land located at 4381 Muddy Creek Road, in the City of Virginia Beach, Virginia (GPINs: 2410-89-7609,2410-69-4637,2411-70-8947,2411- 70-3252 and 2410-79-7280), pursuant to Ordinance No.95-2319,as amended,known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to(a)promote and encourage the preservation of farmland,(b)preserve open spaces and the area's rural character, (c) Conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements,and(e)assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of$2,025,959.The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City,and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable.The public hearing,which may be continued or adjourned,will be held by the City Council on December 5.2023.at B 00 Va.,in the City Council Chamber located on the 2nd floor of the City Hall Building,2401 Courthouse Drive, Virginia Beach,Virginia. Any person interested in this matter may appear and be heard. If you wish to make comments virtually during the public hearing, please follow the two-OW prooees provided below: 1. Register for the WebEx at: httnc-//vhgnv.wehex.rnm/wehlink/registet r/h790 9acre4949r07 R1 aF91wh01af3-r, 2. Register with the City Clerk's Office by calling 757- 3854303 prior to 5:00 p.m. on December 5, 2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon: 11/19/23 and 11/26/23 44;. �g \'� i� " .'rr�::. CITY OF VIRGINIA BEACH AGENDAITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Muddy Creek Farms, LLC (143.38+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $2,025,959, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: December 5, 2023 MEETING DATE: December 12, 2023 ■ Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon seven (7) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City,s interests, and other standard contingencies. ■ Considerations: The subject property, which consists of five (5) parcels of land having approximately 143.38 acres outside of marshland and swampland, is owned by Muddy Creek Farms, LLC, a Virginia limited liability company. The parcels are located at 4381 Muddy Creek Road (GPINs: 2410-89-7609, 2410-69-4637, 2411-70-8947, 2411-70-3252 and 2410-79-7280) and are shown on the attached Location Map. Under current development regulations, there is a total development potential of ten (10) single-family dwelling building sites, of which one (1) building site is being reserved for a future development. The proposed purchase price, as stated in the ordinance, is $2,025,959. This price is the equivalent of approximately $14,130.00 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.953% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.953% without the further approval of the City Council. The City has matching funds available for a portion of this purchase through the Virginia Department of Agriculture and Consumer Services ("VDACS"), pursuant to an agreement between the City and VDACS, authorized by this Council on February 21, 2023 (RES-04201). The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks (November 19, 2023 and November 26, 2023). The Public Hearing will be held on December 5, 2023. Public notice will be provided via the normal City Council agenda process. 0 Alternatives: The City Council may decline to purchase the development rights to the property. t Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager- 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM MUDDY CREEK FARMS, LLC 4 (143.38+/-ACRES),2)THE ISSUANCE BY THE CITY OF 5 ITS CONTRACT OBLIGATIONS IN THE MAXIMUM 6 PRINCIPAL AMOUNT OF $2,025,959, AND 3) 7 TRANSFER OF FUNDS TO PURCHASE U.S. 8 TREASURY STRIPS 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 15 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 16 Installment Purchase Agreement) on certain property located in the City and more fully 17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 18 $2,025,959; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance,and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 3.953% per annum or 37 the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 5.953% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $620,969 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 72 2023. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT Agriculture Department udget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: / 2 Director of Finance City Aftorn - 's, ffice G CA 16257 \Wbgov.com\dfs 1lapplications\citylaw\cycom32\wpdocs\d0081p053\00925317.doc R-1 November 20, 2023 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2023-167 SUMMARY OF TERMS SELLER: Muddy Creek Farms,LLC, a Virginia limited liability company PROPERTY LOCATION: 4831 Muddy Creek Road GPINs: 2410-89-7609, 2410-69-4637,2411-70-8947, 2411-70-3252 and 2410-79-7280 PURCHASE PRICE: $2,025,959 EASEMENT AREA: 143.38 acres, more or less DEVELOPMENT POTENTIAL: 10 single-family building sites (1 reserved by Seller for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 3.953%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 5.953%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer)for one(1)year following execution and delivery of the IPA. MuddyMuddy Creek Farms LLC 4381 2410-69-4637 : • .2411-70-3252 , .._ 1 ;0 - _ Soils Map Class I Class I Below Floodplain Class II M Class III (Class 11 FP) Wet Soils ® Water lop pd. Disclosure Statement Cft qrviro�BAVA Planning :. 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 Does the applicant have a represe�ative? ❑ Yes ■ No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? It Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Nelson Scott Morris(co-owner,member,manager)Betsy Newman Morris(co-owner,member) If yes,list the businesses that have a parent-subsidiary'or affiliated business entityz 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 SO 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,(li)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 21.09.2020 1IPage Disclosure Statement Planning&Community Development -- Known Interest by Public Official or Emplo ee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes F NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reahor for current and anticipated future sales of the subject property? ❑ Yes (R No If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes M NO If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes 5 No If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes K No If yes,identify the purchaser and purchaser's service providers. Revised 11.09,2020 _-- --- ---- -- 2 P a g e Disclosure Statement anQfVVYFMM am.& 1 Punning& Community Development r, 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes M 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 M NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ! No • If yes,identity 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. Applii ant Signature Nil S° �' s o s s'more, _ rrrr�n G� /''l.Wn�1�t� i?'1 ol�� L �m.�rrr fw Print Name and Title Date Is the applicant also the owner of the subject property? ■ Yes ❑ NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ . . ny Planning Commission and City Council meeting that pertains to the applications No chan`es as of Dim ^ Print Nama Revised 11.09.2020 3 P a g e z•� NOTICE OF PUBLIC HEARING Proposed Exemptions from Local Property Taxation by Designation On Tuesday, December 5,2023 at 6:00 pm in City Council Chamber,which is 2401 Courthouse Drive,the City Council of the City of Virginia Beach will hold a public hearing on ordinances to exempt from local property taxes(all amounts rounded to the nearest dollar): Commonwealth Catholic Charities, which has a personal property assessment of $18,079 and personal property taxes assessed against such property at$723 annually; Hospice House of Hampton Roads,which has a real property assessment of$2,188,500 with real property taxes against such property assessed at $21,666 annually and a personal property assessment of $200,000 with personal property taxes assessed against such property at$8,000 annually; Only His Grace,Inc.,which has a personal property assessment of $422 and personal property taxes assessed against such property at $17 annually; Skilled Foundatlons,which has a personal property assessment of $568 and personal property tax assessed against such property at$23 annually;Speak Up for a Change, which has a personal property assessment of $2160 and personal property taxes assessed against such property at$88 annually;and Virginia Beach Recovery Club, Inc., which has a personal property assessment of$2499 and personal property taxes assessed against such property at$100 annually. Copies of a proposed ordinances are on file in the office of the City Clerk. All interested persons are welcome to appear at the hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303.If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired,call Virginia Relay at 1- 800-828-1120. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbgov.wet)ex.com/weblink/re 9ister/rb7902acce3999cO72251a5 25ebO1af35 2. Register with the City Clerk's Office by calling 757-385A303 prior to 5:00 p.m.on December 5,2023. All interested parties are invited to participate. Amanda Bames,MMC City Clerk Beacon:Sunday,November 26,2023. CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate Commonwealth Catholic Charities, Virginia Beach Recovery Club, Inc., Hospice House of Hampton Roads, Only His Grace, Inc., Skilled Foundations and Speak Up for a Change as Being Exempt from Local Property Taxation PUBLIC HEARING: December 5, 2023 MEETING DATE: December 12, 2023 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner of the Revenue has received six applications for tax exemption by designation, which are presented for the City Council's action. The Commissioner has reviewed the applications presented for formal action and finds each meets the City Council policy for Tax Exemption by Designation. One application (Hospice House of Hampton Roads) requests exemption from real property taxes. The rest of the applications only seeks exemption from personal property taxes. ■ Alternative: City Council is not required to approve exemption requests. ■ Public Information: A public hearing for these items is scheduled for December 5, 2025, during the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than seven days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinances (6); Commissioner of Revenue Summary of the Applications (6); Disclosure Forms (6); Council Policy Submitted pursuant to City Council Policy adopted May 6, 2008. 1 AN ORDINANCE TO DESIGNATE COMMONWEALTH 2 CATHOLIC CHARITIES AS BEING EXEMPT FROM LOCAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Commonwealth Catholic Charities; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Commonwealth Catholic Charities a charitable organization within the context of§ 6(a)(6) of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Commonwealth Catholic Charities located within 17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Commonwealth Catholic Charities for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Commonwealth Catholic Charities shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2026, Commonwealth Catholic 31 Charities shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d)that Commonwealth Catholic Charities cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2024. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2023. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APP ED AS TO LEGAL S FICI SICY. Commissioner of the Revenue orney's Office CA1 6371/R-1/November 15, 2023 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Commonwealth Catholic Charities Website: cccofva.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY To provide temporary and safe housing to unaccompanied children ages 5-17 who are arriving in the United States from the US border. The youth are supervised 24/7 by agency staff, attend school, eat meals and sleep at the facility. Staff work to identify family members or other viable sponsors in the US who can care for the youth. Each youth typically remains in the shelter for 60 days.This organization was new to Virginia Beach 5/1/2023. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value: $18,078.64 Tax: $ 723.15 Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 1946 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 I / APPLICANT DISCLOSURE Organization name: _60 1-4 a�/� �/4-I o p -- - - --- s SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use addtdonal sheets N �� —" needed) ❑ FU nting and/or pre re of FOr11S tax returncial Services (include Truist g/banking institutions and Wells Fargo current mortgage holders as VNg applicable) Harman, Clayton,Corrigan& [g ❑ Legal Services Wellman, P,C. Broker/Contractor/Engineer/Other I See attached list. Service Providers FURTIFICATION: all of the information contained in this Disclosure Statement Form is ue, and accurate. d I am responsible for updating the information provided herein if it canges prior to the Council action upon this Application. [APIPUCANTV'SSIG TURE PRINT NAME DA Disclosure Statement Form Broker/Contractor/Engineer/Other Service Provider American Red Cross Baker Roofer Company LLC CP Technology Group LLC CT Taylors Home Improvements LLC Chesbay Landscaping Cobb Technologies Cox Communications-Hampton Roads Dominion Energy Virginia Fire Defense of Virginia LLC First Advantage LNS Screening Solutions Inc. Golden Touch Cleaning Services Granite Telecommunications HRSD Health Training at its Best LLC Honda Financial Services Indeed,Inc. InReach Solutions LLC Mid Atlantic Fire Protection,Inc. Mike Zacharias Corporation Patient First Occupational Health Quality Contracting,Inc. Robert G Dashiell Jr.PE Inc. Security Technology Group Inc. Shred-it USA Trident National Corp TriSource,LLC Tristate Apartment Furnishers, LLC VA Dept of Social Services Virginia Natural Gas Wade Brothers Painting Co. Zoom Video Communications Inc. 1 AN ORDINANCE TO DESIGNATE HOSPICE HOUSE OF 2 HAMPTON ROADS AS BEING EXEMPT FROM LOCAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Hospice House of Hampton Roads; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Hospice 13 House of Hampton Roads a charitable organization within the context of§6(a)(6)of Article X of 14 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Hospice House of Hampton Roads 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Hospice House of Hampton Roads for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Hospice House of Hampton Roads shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2026, Hospice House of 31 Hampton Roads shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d)that Hospice House of Hampton Roads cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2024. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2023. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S IENCY: AL - Commissioner of the Revenue me Office CA1 6373/R-1/November 15, 2023 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Hospice House of Hampton Roads Website: www.hospicehousehr.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY A licensed hospice care facility under construction, opening in the Spring of 2024. HHHR will provide 24/7 hospice care by professional medical staff with specialized training in end-of-life care. This care facility will be available to all adult residents of Hampton Roads regardless of their ability to pay. TAX IMPACT Real Property Parcel Assessment: $2,188,500.00 Tax: $21,666.16 Personal Property Assessed Value: $200,000.00 Tax: $8,000.00 Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 17, 2015 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: Hospice House of Hampton Roads 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 f needed) Accounting:Westminster- ❑ Accounting and/or preparer of Canterbury on Chesapeake Bay your tax return Tax Preparer: Barnes, Brock, Cornwell & Painter Financial Services (include Loan: Southern Bank (g ❑ lending/banking institutions and Banking: TowneBank current mortgage holders as Investments: Wilbanks, Smith applicable) & Thomas Hugh Patterson, ❑ ( Legal Services Stephen Brewer, Willcox & Savage, PC Architect: Cox Kiiewer & Company, PC ❑ Broker/Contractor/Engineer/Other Contractor:Whiting-Turner Service Providers Construction Company Environmental Testing: MSA Fundraising Consultant: The Curtis Grout) 1 AN ORDINANCE TO DESIGNATE ONLY HIS GRACE, INC. 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Only His Grace, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Only His 12 Grace, Inc. a charitable organization within the context of § 6(a)(6) of Article X of the 13 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Only His Grace, Inc. located within the City of 16 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Only His Grace, Inc. for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Only His Grace, Inc. shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2026, Only His Grace, Inc. shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d)that Only His Grace, Inc. cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2024. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2023. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S NCY: Commissioner of the Revenue i torney's Office CA16374/R-1/November 15, 2023 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Only His Grace Inc. Website: www.onlyhisgraceinc.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Only His Grace Inc. provides bags of hygienic essentials,food, clothing and other essentials for the homeless and low-income families. They also give out gift cards, so they can purchase the items themselves. They want to empower real, and holistic change. Their goal is to encourage and uplift each individual with encouragement to hold their heads high. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value: $ 421.88 Tax: $ 16.88 Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—February 17,2021 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: 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: FYES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return ArIA)� Financial Services (include lending/banking institutions and current mortgage holders as applicable) ❑ ( Legal Services Broker/Contractor/Engineer/Other Service Providers [changes TIFICATION• ify that all of the information contained in this Disclosure Statement Form is plete,true, and accurate. derstand I am responsible for updating the information provided herein if it prior to the Council action upon this Application. NT'S SIGNATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE SKILLED 2 FOUNDATIONS AS BEING EXEMPT FROM LOCAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Skilled Foundations; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Skilled 13 Foundations a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Skilled Foundations located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Skilled Foundations for exclusively charitable 23 purposes; 24 25 (b) that each July 1, Skilled Foundations shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2026, Skilled Foundations shall 31 file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d)that Skilled Foundations cooperate fully with the Commissioner of the Revenue 35 with respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2024. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2023. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL )1E CY: Commissioner of the Revenue ZAitorney's Office CA1 6375/R-1/November 15, 2023 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Skilled Foundations Website: www.skilled-foundations.square.site SUMMARY OF NONPROFIT BUSINESS ACTIVITY Free hands on training for youth in the community to promote understanding and interest in skilled trades. Providing instruction on using various hand tools such as sockets, ratchets, pliers, cutters, screw drivers etc. They do work shops to build bird houses and other projects to introduce different tools. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value: $568.00 Tax: $22.72 Vehicle: RELEVANT INFORMATION IRS Granted 501 (c)3 status—May 26, 2022 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: __S1C'\ke4 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 FN 01 SERVICE PROVIDER (use additional sheets If needed Accounting and/or preparer of your tax return Financial Services (include lending/banking institutions and current mortgage holders as a licable) 0 Legal services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form ]ifit complete, true, and accurate. I understand I am responsible for updating the information provided herei changes prior to the Council action upon this Application. o'Z APPLI NT'S SIGNATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE SPEAK UP FOR A 2 CHANGE AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Speak Up for a Change; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Speak Up 13 for a Change a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Speak Up for a Change located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Speak Up for a Change for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Speak Up for a Change shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2026, Speak Up for a Change 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Speak Up for a Change cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2024. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APP_F� VED AS TO LEGAL SUFFICE CY: Commissioner of the Revenue Attorney's Office CA1 6376/R-1/November 15, 2023 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Speak Up For A Change Website: www.speakeupforachange.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Speak Up For A Change is committed to empowering women and communities and to be an advocate for those in need, provide education to underprivileged children and work towards an inclusive world where no one is left behind. They provide support to women facing domestic abuse situations by collaborating with local support groups and shelters. They also run regular feeding programs to ensure that homeless individuals receive nutritious meals. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value: $2,160.00 Tax: $86.40 Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—April 18, 2018 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: ��w 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 FN07 SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return �ecti, a Financial Services (include lending/banking institutions and current mortgage holders as applicable) Legal Services >� Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. ' I1 3 Z PPLI 'NT'S S1 NA URE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE VIRGINIA BEACH 2 RECOVERY CLUB, INC. AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Virginia Beach Recovery Club, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Virginia 13 Beach Recovery Club, Inc. a charitable organization within the context of§ 6(a)(6)of Article X 14 of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Virginia Beach Recovery Club, Inc. located within 17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Virginia Beach Recovery Club, Inc. for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Virginia Beach Recovery Club, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2026, Virginia Beach Recovery 31 Club, Inc. shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d)that Virginia Beach Recovery Club, Inc. cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2024. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2023. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL ENCY: Commissioner of the Revenue i o ey's ffice CA1 6372/R-1/November 15, 2023 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Virginia Beach Recovery Club Inc. Website: N/A SUMMARY OF NONPROFIT BUSINESS ACTIVITY The club is a meeting house for members and guests of the 12 Steps Recovery programs of Alcoholics Anonymous and Narcotics Anonymous. The Club's primary activity is to hold meetings and activities to help the members and guests stay clean and sober and support personal and spiritual growth. There is no financial requirement to attend any of the meetings or activities.VBRC is the only recovery club in the city of Virginia Beach. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value:$2,499.20 Tax: $ 99.97 Vehicle: RELEVANT INFORMATION fRS Granted 501 (c)3 status—October 09, 2023 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: _VIRGNIA BEACH RECOVERY CLUB,INC SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO F SERVICE PROVIDER (use additional sheets if _._..—.._..- -- needed) 1 ❑ Q Accounting and/or preparer of your tax return Financial Services (include ❑ lending/banking institutions and current mortgage holders as applicable) ❑ ❑X Legal Services ❑ D Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Marty Hierholzer, Director 10127/23 APPLICANT'S SIGNATURE PRINT NAME DATE O ginal Proposal Ls CityCouncil Policy Title: Ciry Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption February 3, 2004 Dates of Revisions:May 6,2008 Page 1 of 4 1.0 Pur ose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural,or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Poiicy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exernp6on. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 .of 4 1, The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from Iocal property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July I of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§ 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this polity, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive r/, 1% Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under Iaw and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code M.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue- S. Any exemptions granted shall be effective as of the next January L . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authorit_ Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for.the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council F : City Ccuncil Polity Regarding Applications for Tax Exemption by Designation of Adoption: ?ebruary 3,2004 Dates of Revisions: May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY PERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, December 5,2023,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 2,Space 12,consisting of approx.939 sq.ft.of space,to The Country Butcher Shop,Inc. 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) 385-4161, Dwrealestate@vbgov.com. If you wish to make comments virtually during the public hearing, piease follow the two-step process provided below: 1. Register for the WebEx at: httns*//vbgoy-webex.com/-webli nk/r ict r/rb790 ncc.3 9q. 072251a525ebO1af3�+ 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on December 5,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon: 11/26/23 .:lid 6L. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with The Country Butcher Shop, Inc. for City-Owned Property Known as Building 2, Space 12 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: December 5, 2023 MEETING DATE: December 12, 2023 ■ Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Space 12 in Building 2 at the Virginia Beach Farmers Market, which consists of approximately 939 sq. ft. of space (the "Premises") and received one submittal from The Country Butcher Shop, Inc., a Virginia corporation ("Country Butcher"). Country Butcher has been leasing the Premises since 1997 and desires to enter into a new lease with the City. The Premises will be utilized for the sale of fresh meats and deli products, and related items, and for no other purpose. ■ Considerations: The initial term of the Lease would be from lease execution date until 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 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. Public Information: A public hearing was advertised on November 26, 2023, 2023 in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. ■ Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. ■ Recommendation: Approval a Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/ Real Estate City Manager:PAg 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH THE COUNTRY BUTCHER SHOP, 4 INC. FOR CITY-OWNED PROPERTY KNOWN AS 5 BUILDING 2, SPACE 12 IN THE VIRGINIA BEACH 6 FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, the City issued a Request for Proposals for Space 12 in Building 2 at 13 the Virginia Beach Farmers Market, which consists of approximately 939 sq. ft. of space 14 (the "Premises") and received one submittal from The Country Butcher Shop, Inc., a 15 Virginia corporation ("Country Butcher"); 16 17 WHEREAS, Country Butcher has leased the Premises since 1997 and desires to 18 enter into a new lease with the City; 19 20 WHEREAS, the Premises will be utilized for the sale of fresh meats and deli 21 products and related items, and for no other purpose; and 22 23 WHEREAS, Country Butcher has agreed to pay the City rent in the amount of 24 $14,071.68 annually ($1,172.64 per month) for the first year of the term, with a five 25 percent(5%) annual rent escalation for each year thereafter. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for up to 5 years 31 between The Country Butcher Shop, Inc. and the City for the Premises, in accordance 32 with the Summary of Terms, attached hereto as Exhibit A and made a part hereof, and 33 such other terms, conditions or modifications as may be acceptable to the City Manager 34 and in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 37 ---- - , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attornc y f?ubl c Works Real Estate CA15824 Uvbgov.com\dfs1\applications\citylaw\cycom32\wpdmc d017\p046\00927165.dDc R-1 November 20, 2023 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: The Country Butcher Shop, Inc., a Virginia corporation PREMISES: Building 2, Space 12, consisting of 939+/- square feet TERM: Execution of Lease through June 30, 2026, with two (2)additional one-year renewal options. (Lessee's holdover status under prior lease has been conditioned on Lessee paying rent based on the Rent stated herein) RENT: Initial rent of$14,071.68 annually ($1,172.64 per month)for the first year of the Term, with five percent(5%) annual escalation for each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of fresh meats and deli 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 one hundred eighty (180)days' advance written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90)days' advance written notice to the City. City of Virginia Beach Farmers Market 3640 Dam Neck Road Virginia Beach,VA 23453 757-385-43M FAX:36M249 LOCATION MAP 0 r r NIOWN ca xwww i 11110 r` 1 KsKildtn 1 "09 _ in I / 30 qu17 1413 2 11 10 0 • 7 4 i 4 / -- �� V 1�y f 1 10 it 19 19 U 16 16 17 •••, 1 V a y Building 2,Space 12 0 Approx.939 Sq.Ft d M Q C 'C110 El i� speakers l Dam Neck Road Disclosure statement ca-�art Rn, Planning& Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. A,ollcant Disclosure Applicant Name A&a� � Does the applicant have a representative? ❑Yes No • If yes,list the name of the representative. _ 1 Is the applicant a corporation,partnership,fine,business,trust or an unincorporated business? C' Yes ❑ NO • If yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entlty2 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 entlty 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(111)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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e Disclosure Statement Planning& Conulnunity Ik-felopment > _. Known Interest by Public Official or Em, to ee Does an official or employee of the City of Virginia Be2ave an interest In the subject land or any proposed development contingent on the subject public action?❑Yes NO • If yes,what Is the name of the official or employee and what is the nature of the interest? A ;, Iicant Services Disclosure 1. Does .�.e applicant;,,\,e any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering and;financing irvconnection with the subject of the application or any business operating_ or to be operated on the.nm_narrv'P Yes [�No • If yes,identify the fir>oncial institutions providing the service. 2. Does the apeNIC01 t have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes • If yes,Identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax retun�e ptovlded in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the firm and Individual providing the service. 4. Does the applicant have services from an architect/landscape archltect/iand planner provi:, d in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes NO • If yes,Identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement (k y pi 1'vyer,,lasi: Planning& Community Development 6. Does the applicant have a construction contract in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes NO • If yes,Identify the company and Individual providing the service. 7. Does the applicant have an engineer/surveyor/agent In co ection with the subject of the application or any business operating or to be operated on the property?❑Yes ' No • ff yes,identify the firm and Individual providing the service. 8. Is the applicant receiving legal services in onnection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and Individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature �O�n•,, 1�ar �jio n _ Print Name and Me �j -- Date — Is the applicant also the owner of the subject property? ❑Yes No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ updated to that 1)crtains to the applications Q 1%donM as of print MM" 1 Revised 11,09.2020 3 ( P a g e `f r- sy PUBLIC HEARING DEDICATION OF EASEMENTS The Virginia Beach City Council will hold a PUBLIC HEARING at its formal session on Tuesday,December 5,2023,at 8.00 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 on the disposition and dedication of the following utility easements on City-owned properties to Dominion Energy Virginia: 1. 9,708 Sq. Ft (0.223 Acres) at 2283,2285 and 2287 Landstown Road; 2. 323 Sq.Ft.(0.007 Acres)at 4200 N.Witchduck Road; 3. 1,253 Sq. Ft. (0.0288 Acres) at 2401 Plantation Drive;and 4. 213 Sq.Ft.(0.005 Acres)at 3030 Bray Road If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303: Hearing Impaired, call 1-800-828-11M (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)3854161. 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: htt ns•//vbgov.we bex.Gnm/weh I i n k/re gister/rb7902acce3gg9c.072251a5 25a_b01af35 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on December 5,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT: November 26,2023 j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinances Authorizing the Dedication of Utility Easements on City-owned properties to Dominion Energy Virginia: 1. 9,708 Sq. Ft. (0.223 Acres) at 2283, 2285 and 2287 Landstown Road; 2. 323 Sq. Ft. (0.007 Acres) at 4200 N. Witchduck Road; 3. 1,253 Sq. Ft. (0.0288 Acres) at 2401 Plantation Drive; and 4. 213 Sq. Ft. (0.005 Acres) at 3030 Bray Road PUBLIC HEARING DATE: December 5, 2023 MEETING DATE: December 12, 2023 ■ Background: The City of Virginia Beach (the "City") owns parcels of land identified by Dominion Energy Virginia ("Dominion") as necessary for utility easements as follows: 1. 2283, 2285, and 2287 Landstown Road (GPINs: 1484-94-8243, 1484- 84-1996, and 1484-74-8490) acquired in 2015 and 2016 as a part of the Oceana and Interfacility Traffic Area Acquisition Program and currently leased to Land of Promise Farms Partnership for farming; 2. 4200 N. Witchduck Road (GPIN: 1478-96-2404) acquired as a pump station site in 1995 from Witchduck Farms; 3. 2401 Plantation Drive also known as Wolfsnare Park (GPIN: 1498-80- 7874) acquired in 1986 from Wolfsnare Community and Civic League, Inc. for use as a public park; 4. 3030 Bray Road (GPIN: 1497-29-9966) was acquired from Grant A. Begley, Jr. and Peggy E. Begley in 1988 by condemnation for a pump station as a part of the Lynnhaven Acres Sewer Project. (collectively, the "Properties"). Dominion has requested that the City dedicate the following utility easements for a total of 11,497 sq. ft. (0.264 acres) (collectively, the "Easements") across the Properties to install and maintain underground electric facilities that will service the adjacent properties: 1. 9,708 Sq. Ft. (0.223 Acres) at 2283, 2285 and 2287 Landstown Road; 2. 323 Sq. Ft. (0.007 Acres) at 4200 N. Witchduck Road; 3. 1,253 Sq. Ft. (0.0288 Acres) at 2401 Plantation Drive; and 4. 213 Sq. Ft. (0.005 Acres) at 3030 Bray Road r Considerations: Dominion is requesting the Easements as part of its undergrounding program to reduce power outages. City staff has reviewed the Easements and has no objections. 5 Public Information: A public hearing will be held on December 5, 2023, and public notice of the hearing will be advertised in The Virginian-Pilot and provided via the normal City Council agenda process. r Alternatives: Deny the request, or add conditions as desired by Council. X Recommendations: Approval. r Attachments: Ordinances, Exhibit A, Location Maps, and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: Ito 1 AN ORDINANCE AUTHORIZING THE DEDICATION 2 OF 9,708 SO. FT. (0.223 ACRES) OF UTILITY 3 EASEMENTS ON CITY-OWNED PROPERTIES 4 LOCATED AT 2283, 2285 AND 2287 LANDSTOWN 5 ROAD TO DOMINION ENERGY VIRGINIA 6 7 WHEREAS, the City of Virginia Beach (the "City") owns parcels of land 8 located at 2283, 2285 and 2287 Landstown Road (GPINs: 1484-94-8243, 1484- 9 84-1996, and 1484-74-8490) (collectively, the "Property"); 10 11 WHEREAS, Dominion Energy Virginia ("Dominion") has requested that the 12 City dedicate 9,708 +/- sq. ft. of utility easements over portions of the Property, as 13 shown on the plats attached hereto as Exhibit A (collectively, the "Easements"); 14 and 15 16 WHEREAS, the Easements would allow Dominion to install and maintain 17 underground cable, which would provide electrical service to adjacent properties 18 and reduce the likelihood of outages in storm events. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager, or his designee, is hereby authorized to execute any 24 documents necessary to dedicate the Easements to Dominion, subject to such 25 terms, conditions and modifications as may be acceptable to the City Manager and 26 in a form deemed satisfactory by the City Attorney. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia on the 29 day of , 2023. 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Lrs _NAiNe or«,Na uN tI eaAArN Oa➢rQ F-1-- v,L1H PUTT SHOWING a M.N rstx ,�R lNAj f NMv" �n prNR WN 1 NPN,R faw `LII re►anvF Ur r� 16 EA6E6ffNT TO SE ACQUIRED R 1a' ALI I't� aN MC rr,IPP ,R aN'1►r17 eLIF LN r VrIrW Aw I LM ra'r'mL NAY `�' •a FOR gJ DOMINION EKERGT VIRGINIA n riN NV errrr W Mer MS,'NSIPN y lSINW NM Y RNt�N r1Y_ LN rfafN i! V E149[L kMgL3 � bLN w•rrLr' /.Tr Lur MNF� 1 4 qN�.2Ur LN OraNa .v LN wrrrF�Y tu. ''r''t� THE c"DF NRGMLA BEACH ra101rSlrra.nl�I�_R __NlN Snr1a!' a4T In. INNrN N RMNtra rf� Ur Ow"n Iw L9 FFI.IY N7� LLN' �'NO n,aY6 eaae T•r ,9AYP=� r NYRrra� mn- L9 �,an Fr rLi ilel LN Rlf r'NN NJF � � _ Ov Mr••ovAL,M:INIFllelm WSLNSF®11I/A•TO M IVISICIIYrOflla a01rbAT, THE FWHEL COWANY s,txsRd,nDnrtrar rrvM.aYNwnAT. OOrreWN1«b1W1.F1,4 Aw,eo�n._ .__v sre` msr.a.rPFFT�.Aa xP«aA rnL ,rFc,aAornsr acNr PFN rr.rLt rN YfIT I(NOR;AYDaRl,OAPOM a6aTlbl 1 AN ORDINANCE AUTHORIZING THE DEDICATION 2 OF A 323 SQ. FT. (0.007 ACRES) UTILITY 3 EASEMENT ON CITY-OWNED PROPERTY 4 LOCATED AT 4200 N. WITCHDUCK ROAD TO 5 DOMINION ENERGY VIRGINIA 6 7 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 8 located at 4200 N. Witchduck Road (GPIN: 1478-96-2404) (the "Property"), which 9 is improved with a City-owned pump station (the "Pump Station"); 10 11 WHEREAS, Dominion Energy Virginia ("Dominion") has requested that the 12 City dedicate a 323 +/- sq. ft. easement over a portion of the Property as shown 13 on the plat attached hereto as Exhibit_A (the "Easement"); and 14 15 WHEREAS, the Easement would allow Dominion to underground and 16 maintain facilities that provide electric service to the Pump Station and adjacent 17 properties, thereby reducing the likelihood of outages in storm events. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 20 CITY OF VIRGINIA BEACH, VIRGINIA: 21 22 That the City Manager, or his designee, is hereby authorized to execute any 23 documents necessary to dedicate the Easement to Dominion, and subject to such 24 terms, conditions and modifications as may be acceptable to the City Manager and 25 in a form deemed satisfactory by the City Attomey. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia on the 28 day of _ 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY om bli1 Works - Real Estate CA 16260 \\vbgov.com\dfs 1\applicatlons\citylaMcycom32\wpdocs\d013\p048\00925963.docx R-1 November 20, 2023 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS EXHIBIT A HAY HILL HOME OY*"S ASSOCIATION,(Mr. n� NDTA IXO]tet%M]M A]SrA.I]acWg501nW.reAi � wEA I \ 4r Nf1�TTYNAP Rr N N i r ' t+ta80' pAE CH AN AN CITYOF VIRGMIA BEACH I seLTR r]mtmel®e rW pT I Me A.O.p -lcr �///' DX LOGS�B SHALL LAGSDON P¢t4e nwS.MiIZI % NeT {' Nw'a eea wNST / .LD PMaa // 1 vArLINeA1D N f �•• -.� � TOE YADaA6VrND]T R � } KpJ�1mp PN/1 1 ....:..... .rTSIP1/ ] A.�..:r It MONUMEWLEGEND _� .vPiPl-eewAtlDrpllm I.. EwrTOOUtl(POAV •rWtn-aaNNmwe® 1 VMUAaEVADTMRNT Ta I 6M7.P.N)BAd RS.P.2)(LLl.H.P.a) aruwt Ml@--1 MAW P.A3/M@T 0Z9nDWW1l1@u 1 LINK TABLE Yf aW 'NJ .lY[ eFANm l/aRl fa� \ o \ � u Nas]rw TMY i 4 �1 @ aAle R AN6e1tS R1/OSRM o1a11TA1R NT ALE uNM _@MebP'aYfaFt`w Y N-Wi ABLE i TLIImIRCRN WTNfORTE6PUT4W®ON NPpMI.TATERME CO01dMTi1T8TA\NWIXDJIE. Y� --� -:�. NLwm Nlw mmTtwv]w]weW OLe.MIwNTfWTLOT]DT vwrAMAara]LAwveronnNa]]eai Par$NOVTINO mst]wYwsvawTOUN EE]eDLW cOdmwllFMroB M{POlCT. EASEMENT TO BE ACgUNTEp M Harare raermN@n]wPurcv@Es«{TNonocexorcaertnrtcA @uT.t. FOR M TI[MSPERTT U]EENNMEA 9dNwM@nAr AllEu�llPw]w AcnuLrHn rnVEv@T DOMINION E3EPGV VIRCMIA IIVNRLH A]C moN r,AT{Nm CE®r 6RECDA0. A]E/1TANE COYNIIDN ENF1lOY VNGMA FROM 4 1MR/.TNN1 rArPAAFnNMert T]EcvaxreTAimcwsaNi. �PML6.. .MgYM PMN ATJ® EASEMENT 10INr-0E~DATA THE LT'OP VV]GNA BEACH NIe9]MIUOI VnDIMA [ fAeaw]TCY ACtA1P0]Yi rten. MNI{fARV]7e # @{Ir A]w IUN: nxN¢r @ale r.a NOIFYILR..]eL \NnANt YWN KSI6Y]� wmamr v c 0 [� wtt NDMTIL{] Amnw.�>icuamsc�000 rm eBe,nYA+ie nc cc«cEci..manc ea.ewP].mien oA m]cA I_�°E_L-p1^® u+owaouo evNort l]MEs IW MYPIAT.E10{Iw@PNlL4wfbK-vNv.FYfeFN+E.oROMnPV@eic n'1F%BRMTLUWi OiTq — - THE f191EL COMPANY ruTNf Wei wTKTArOME IIT v[>.ONTTy�ElivalaNFi eT o.e19Jv[ellu i]6 a}T Dtlrl@ WFMMMIYMraa. ®Db10]�VNEAIMNOTIODM]AEM� W fv]mMfilef$,tleiA!{NK Ve]a@Aa]r A�n.A� _ l>ATE_ F19mY Yw9wEAefNEN]TOIE 1 OE a6n8KY.ON13 �____ __ R>JIM.MI Ill__ wreeYNY�r@�LrN 1 AN ORDINANCE AUTHORIZING THE DEDICATION 2 OF A 1,253 SQ. FT. (0.0288 ACRES) UTILITY 3 EASEMENT ON CITY-OWNED PROPERTY 4 LOCATED AT 2401 PLANTATION DRIVE TO 5 DOMINION ENERGY VIRGINIA 6 7 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 8 located at 2401 Plantation Drive (GPIN: 1498-80-7874) (the "Property"); 9 10 WHEREAS, the Property is adjacent to another City-owned parcel of land 11 located at 2387 S. Wolfsnare Drive (GPIN: 1498-80-8870) that is improved with a 12 City-owned pump station (the "Pump Station"); 13 14 WHEREAS, Dominion Energy Virginia ("Dominion") has requested that the 15 City dedicate a 1,253 +/- sq. ft. utility easement over a portion of the Property that 16 is adjacent to the Pump Station, as shown on the plat attached hereto as Exhibit 17 A (the "Easement"); and 18 19 WHEREAS, the Easement would allow Dominion to underground and 20 maintain facilities that provide electric service to the Pump Station and adjacent 21 properties, thereby reducing the likelihood of outages in storm events. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager, or his designee, is hereby authorized to execute any 27 documents necessary to dedicate the Easement to Dominion, subject to such 28 terms, conditions and modifications as may be acceptable to the City Manager and 29 in a form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 32 day of , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY ty tt ey b is Works - Real Estate CA16261 llvbgov.comldfsl la pplicationslcitylawlcycom321wpdocs1d0131p04&00925962,docx R-1 November 20, 2023 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS BRAD LEE SENORA ANO KAREN LEE SENORA EXHIBIT A 4 w{/ j hry, PIR FI E T21Mp]TM nil f^ r 4 OF %4R IPSA B I VicpRIY MRP ' CRY OF ViRGIMA BEACH t mr,M C.xa P.m _ J UNE T.WE" Oenx lwo,EprNn NNsI '..uNE ENnw pnuNOEg .. t WOLFSNARE PARK - f DOEAEON EN T-CFF4 YQOk u am atwW. aam r(} EMl1®IT RI�/f-0FMMT OMTA l2 NerOwE eon' y� RIW MT, ,Nx91p �I Ll NR•]r03T Nlei SIN-wN pOxt *p1 41 .E Y,dw IpLIldT IINMfb �j U ET/']Tww Em ALDO SARDOT AND MOO SAROOT ><� opo: Nlatr I {W!»{Rpv� 1 ``Giw.' pp,T •f�-] W WRGMIA BEACH CURV_EiADLE {tE a PFI FI.naN aooFaw PIS eMwE RRe RWIN m.. TwmEN.WARD Cl 16.)t' t0.0P en'O]Or lnm' w,1' 65'xTRE yyy/ I'`! ..ys' i`u7 vwUw2xwnl oaMlww q tTMp xt0A0 TI]1T1 nF tl].K♦ Ew-E qrd =j am... ,' HR3W1'VRgW { I C] Mee x1Qap r11,r f]nf w.p nOSx3I'K /x 1 PS t5r ��*�IBRTo 9E Mg111NEp I e wt xtnm rtlrxr wne' pJM 611•R]rE Tf-6 �7ks C��s'Ef'�* •'.. e- Jr cs nPr nnm ua'a en' xa n sr sz trE '. /o xm ems r]nm' Enn. t um N.aaO]r6 / 46, & "'may.. er uA xnmi r¢ir nor saer Nne'Y erE ( --r SOUTH WOLFSNARE DRNE 1o,Es r"r Q pe'a0lrarmwr7 ,.nExonxoNriR pR]VInroRTNC MrpEn>:ooNKRqurtASE Mtif000nuxatF.nrnTEx adml mNE. ntau.r.a.Na,ur.zu NORmIweErwNatu]tp]I,epNNNlNA.aRIPlYro0I1.vtT OP tntixx,nrautwRwE•wRSRadalm PLAT SHONANG nsawu rnmewaElScom aTRplwcoolAwnTPaNroR,wErwo.Ec- EASEMENT TO BE ACOUIREO 2 MnEruTpPgP)cOUp11AR PUE.nEE{OILYMA nOI.i NO,OdpIItITF♦EOIRGRY FJR]EY. FOR KM><,M PRtN4RIYelI1EEMAIgEIEglp]MI pIT11FMTgE nNeR Wpx/NACIWL FEiDE1]iVET F/ DOMM ENERGY VIROW iMw f161Ei MOPROM RIOE#DOFt�e cs/ac� FROM I. 1Me MTwe6 PRNMI�D WTNO,R14EMiNeRTUF4TIlE REPORT. ARPJ�TABIE 71f CITY OF VRGMN REACH WIQNN nFILNVEgPnR 1 FJpBb1TMeENWURrorY DEER PrAOEL nnONn'fEET_ IGRES McENBn eO{WR0[[T I✓ZlFn nrXE-T•m MOYEIBBI t,AR WpTENME rMR( ]]ep afY WIMP&wQTI DOYIbNENER6v t]9 0.WM :: •- ••. UT VIQ6lm 2V ENENE TO nE AOWREO _ Of AP-AL TIEaIAE Pu OOB NOTC6CFY A TR]NECQgEI]TNFpSOrdEnOU RI WM, REA d10TNQ .. _ lRiE3 CNM6 P .OWMIIw Nr PWLCRRpYYflnr-rMr.WB41n111,OROl11ERP1YUL WIERE51nNOf}IOnw piTwn PIRT REFWN M)OTMOItRE NOTtbIpWJW CRRRNnO1Y1ERFTOMMRONPRd1TMNMT• THE FIBHEL COMPANY OONRMR6En161E/w Reei& VMAINOWRMON ENpIOY S]]flRpltiRGT.aKnMP kE.MIRrMMYIMe NNNOeFn'. M1E ®MRV1U b1wdMNf TOBEIL01NFy (MnM IMt '. WgCTg6rUYlOKO11Kn Ak .MynlAepbwMYaw 1 AN ORDINANCE AUTHORIZING THE DEDICATION 2 OF A 213 SQ. FT. (0.005 ACRES) UTILITY 3 EASEMENT ON CITY-OWNED PROPERTY 4 LOCATED AT 3030 BRAY ROAD TO DOMINION 5 ENERGY VIRGINIA 6 7 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 8 located at 3030 Bray Road (GPIN: 1497-29-9966)(the"Property"), that is improved 9 with a City-owned pump station (the "Pump Station"); 10 11 WHEREAS, Dominion Energy Virginia ("Dominion") has requested that the 12 City dedicate a 213 +/- sq. ft. utility easement over a portion of the Property that 13 is adjacent to the Pump Station, as shown on the plat attached hereto as Exhibit 14 A (the "Easement'); and 15 16 WHEREAS, the Easement would allow Dominion to underground and 17 maintain facilities that provide electric service to the Pump Station and adjacent 18 properties, thereby reducing the likelihood of outages in storm events. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager, or his designee, is hereby authorized to execute any 24 documents necessary to dedicate the Easement to Dominion, subject to such 25 terms, conditions and modifications as may be acceptable to the City Manager and 26 in a form deemed satisfactory by the City Attorney. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia on the 29 day of _ , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY i mey P �110 e Estate CA16239 Nvbgov.com\dts 1\applicalions\citylaMcycom32\wpdocs\d0131p04810 0 92 59 1 9.dmx R-1 November 20, 2023 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS EXHIBIT A t / 4 kr $ Bo !I hum- / Ike t` OFBI-1499 so 2902 PHIUP K.NELLMAN W..! AND M.S.Tu.OT a.43 / :•' GRACE E.WELLMAN / , '. GAL P. SO /; .P � 3 NL8 25,P.l YICUTYMAP •' i CIF:- �3Y� prf�rneLF / .4 ••'- � b& uaE 9E1wM0 DISTANCE ! f �f $ $ u Nis-wart 40b POLE L2 77r Tr3rs 2L0O FASS '/ A,4k f Us M Tr022r E -..� .. _ ,M ls_ ..11 7a�08MV RMD F 3" /, P$y LA 474-lT xra 11a 30 OPIN-149729 SM LOT A r l `0 CITY OF VIRGINIA BEACH L P.1064 Lb S1rwarw 7.5Y MA ,P.D / /,.• - Da.DA Pam.SIT•PLAT f / /• ( it a147114 7 Nt S4N PIN 17913ILM f m- GM-1-97290913 f ' Y ► - EVZEN O.BURUW 1 t'. SHSTIL 9zomtvl3olnee � � �'• sTTE 25 LAa a P.3 f : LOT f . ma3B,P.S f (. ! f r f ' r I, vole FAI4 r 1 r I r f � iiuur NOTES: 1. THE HORIZONTAL DATUM FOR THIS RAT IS BASED ON VIRORdA STATE FUME COOmmATE SYSTE&L SOUTH 2OHE. NORTH AMERICAN DATUM 19MW3 HNRN,Na SURVEY FOOT}CITY OF MRW"IF.MJI SURVEY CMTROL OMM 1197.]AND PS220•PS 2K PS 26SVIERE USED TO ESTAlI SH COORDINATES FORTH$PROJECT. 2 TFISPLATISFOAA QLb1T10NPWP08ESONLVAMDMSH TCCNMTrUIEABMMARYMOVEY, PLAT-- rI(p(XAIwONp�RcvNROHwn EASEMENTTOOWNG BE JIREO 3. THE PROPERTYLR(E9 ANO AREAS SHATNN ON THIS PUTT ARE BASED UPON AN ACTUAL AMD SURVEY BY TEA/ �TARM I EASEMENT ENERGY WROAY LY17A FOR l RSNEL AND LfiOMRATSANDt1EFD6�RECORD PARCEL.- .. 3011ARElFJT NACRES DOMMON ENERGY WGINIA PUMPSTATION21S. ...1500 Op9 RIW RAT: 1- FROM S. THIS PLAT O[YMB PREPARED THEBQItFIT OFA TITLE REPORT. VARIABLE WOTH 0049*4.. VLORK REQUEST. 010411001 THE CITY OF VIRGINLA BEACH S. EASEABITTOOEACOUpEOOYDEEO. ARWA4EMMG FAS0,*NT '21� aI� I GF51% H1017 VIRG%MA SPACH VIRd1iA UNDERGROUND TOBEACQuoteu _ UNDERGROUND UISIIIES SLOV 1H HEREON TAKEN FROM CITY RECORDS,ABOVE GROUNDl FEATURES AND LOCATIONS UNDERGROUND EASEMENT SCALP V.20' OCTOM24.= AAAK IF M' 40 E71 BY OhFAS. VARIABLE BY APPROVAL.THE UNDERSIGNED DOES NOT CERlWY ASTO THE CORRECTNESS OF THE BOUAOARY.STREM OR OTHER VdtWlsA WEASEME T TO SE ACOED UN"SHOWN ON THIS PLAT. THE FISHEL COMPANY CO MO BUSBESS AS TEAM FTSNEL '333 SVRON STREET.O ESAPEAKTA VA2M 23T20 APPROVED.�--. _..� _._DATE _ arTEC IARECTOR OF PUNUC'AORKS (757)S17•iBB1 9S91+RMkA9N9aMAttaA Ilk —_ w.o.tanoBtu ` N ,'„� . �° . :fir.- #��q;�.�i w INSERT SCALE: 1" = 100' SEE INSERT . x a.. t m H � S w JJ Legend LOCATION MAP 1484-74-8490 PROPOSED DOMINION POWER EASEMENT Q 1484-84-1996 ' GPIN 1484-74-8490 1484-94-8243 �'•'� _ GPIN 1484-84-1996 GPIN 1484-94-8243 Dominion Power Easement City Properties Feet0 205 410 820 Prepared by P•WJEng.r ng. -upport Services ureau C,t '? 3 X:tCADDkProjedsWR i s1AGENDA MAPS\Crty Property\'434-74-8490\1484-74-849OAerial.mxc is q 478-96 i b P xe N w I t t R i c {t � 0 RO s0 O ~� LOCATION MAP j A :`'��•„•' r . UTILITY EASEMENT REQUEST FOR Legend DOMINION ENERGY City Properties GPIN 1478-96-2404 1478-96-2404 ADDRESS: 4200 N. WITCHDUCK RD Feet ® Variable Width Dominion Energy Easement to be Acquired 0 25 50 100 Prepared by P.WiEng.iEng.Support Services'zureau 0 2312023 XACADDIProjects\ARC Fdes1AGENDA MAPS%City Nroperty%1471 5 2404 Aerie - N t�-• i I VI W E +� ? E `. 4 Q t >}� 1498-80-7874 . � P� TAT ��N N pR �4 N � O � s N 1498-80-8870 70 LOCATION MAP UTILITY EASEMENT REQUEST }`rl FOR DOMINION ENERGY GPIN 1498-80-7874 2401 PLANTATION DRIVE & Legend N, GPIN 1498-80-8870 Proposed Easement 2387 S WOLFSNARE DRIVE Feet City Properties ', , 0 50 100 200 Prepared bV P.W./EnA.IEnq.Support no'23,2' of SIAKU MIM ity rope -i ena N W E S a r nr F: M LOCATION MAP FOR PROPOSED DOMINION ENERGY POWER EASEMENT Legend OWNER: CITY OF VIRINIA BEACH City Property ° GPIN: 1497-29-9966 Feet Dominion Energy Easement O 50 100 200 Prepared by P.WJEnq./Enq.Support Services Bureau 9i'12022 X:\CADD\Projects`ARC FIIes\AGENDA MAPSY1497-29-9966 Aena Disclosure Statement X Cut,of L vyrmu S mh Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Virginia Electric and Power Company dba Dominion Energy-Virginia Does the applicant have a representative? JR.; Yes ❑ No • If yes,list the name of the representative. _Christina Schneider Dominion Designer Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? M Yes ❑ No If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) NA '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis-or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 N a F e Disclosure Statement X� aap irf ti tprw B.un Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes A No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes W No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes M NO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property? ❑ Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a p e Disclosure Statement XB ("du c,I Vav"to MX6 Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® 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 M No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes F No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application, Applicant Signature CA^ig-tu ScAnoa&r Print Name and Title Christina Schneider Customer Projects Designer Date Is the applicant also the owner of the subject property? ❑ Yes M No If yes,you do not need to fill out the owner disclosure statement. •• CITY USE ONLY/ be updated that pertains to the applications No changes as of gate Signature Print Name Revised 11,09.2020 3 1 P a g e Disclosure Statement cyry of tt.ya„r, Planning &Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 i = e Disclosure Statement W PIanning & Community Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name Virginia Electric and Power Company dba Dominion Energy-Virginia Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 1.1.09.2020 5 1 p a h c Disclosure Statement W = Planning &Community Development a fF. Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-col lateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes D No • if yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ NO • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 p a f' Disclosure Statement W Cal;of S r,v„tf,smart Planning & Community 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 ❑ NO • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 1 P a f F Virginia Electric and Power Company Directors Officers Name Title Baine, Edward H. Director Blue, Robert M. Director Leopold, Diane Director Blue, Robert M. Chief Executive Officer Baine, Edward H. President Chapman, James R. Executive Vice President, Chief Financial Officer and Treasurer Reid, Carter M. Executive Vice President, Chief of Staff and Corporate Secretary Arnett, Corynne S. Senior Vice President - Regulatory Affairs and Customer Experience Bischof, Gerald T Senior Vice President- Nuclear Operations & Fleet Performance Brown, Carlos M. Senior Vice President, General Counsel and Chief Compliance Officer Cardiff, Michele L. Senior Vice President, Controller and Chief Accounting Officer Curtis, Katheryn B. Senior Vice President- Generation Frederick, Michael D. Senior Vice President - Administrative Services Mitchell, Mark D. Senior Vice President - Project Construction Murray, William L. Senior Vice President - Corporate Affairs & Communications Stoddard, Daniel G. Senior Vice President and Chief Nuclear Officer Whitfield, Charlene J. Senior Vice President- Power Delivery Avram, Emil G. Vice President - Business Development Bassey, Utibe O. Vice President- Customer Experience Bennett, Joshua J. Vice President- Offshore Wind Name Title Curtis, J. Kevin Vice President- Transmission Duman, L. Wayne Vice President - Financial Planning & Analysis Green, Cedric F. Vice President - Technical Services Lee, Adam S. Vice President and Chief Security Officer Locke, Robert H. Vice President - Distribution Operations Purohit, Prabir Vice President- Finance Sartain, Mark D. Vice President - Nuclear Engineering & Fleet Support Sauer, Robert W. Vice President - System Operations Showalter, Alma W. Vice President - Tax Stites, Brandon Vice President - Project Construction Tornabene, Amanda B. Vice President and Chief Environmental Officer Wellener, Wendy T. Vice President - Shared Services Windle, Keith Vice President - Financial Management Woomer, Joseph A. Vice President - Grid & Technical Solutions Wooten, Steve C. Vice President and Chief Information Officer Lawrence, Douglas C. Site Vice President - Surry Power Station Mladen, Fred Site Vice President - North Anna Power Station Conway, Kelly K. Controller Doggett, Karen W. Assistant Corporate Secretary Evans, Jonathan T. Assistant Treasurer Kurz, William J. Assistant Controller Nawrocki, Alison M. Assistant Controller Phibbs, Michael Brandon Assistant Treasurer Scott, Kathryn "Liza" J Assistant Treasurer Singer, Russell J. Assistant Corporate Secretary J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 2-5 re Members of the Historic Preservation Commission(Requested by Mayor Dyer and Vice-Mayor Wilson) 2. Ordinance to AMEND City Code Section 2-451 re Boards and Commissions 3. Ordinance to REPEAL City Code Section 2-452 re Military Liaison Commission 4. Ordinance to REPEAL Article II,Chapter 6 re Port of Virginia Beach Advisory Commission 5. Resolution to ESTABLISH a 90-day Festival Task Force (Requested by Vice-Mayor Wilson and Council Members Berlucchi, Remick, Ross-Hammond, and Schulman) Deferred from November 14, 2023 6. Resolution to APPROVE the amendments to the Resort Advisory Commission Bylaws 7. Ordinance to DONATE to the Office of Attorney General re 44 ballistic vests 8. Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way known as Bobolink Drive at 1045 Bobolink Drive re maintain hardscaping and landscaping DISTRICT 6 9. Ordinance to APPROPRIATE funds from the Tourism Investment Program (TIP) Fund Balance and AWARD a $170,000 grant to Hampton Roads Soccer Council re site plan and engineering work to returf and light several soccer fields at the Hampton Roads Soccer Complex (Requested by Mayor Dyer and Council Members Remick, Ross-Hammond, Schulman and Taylor) 10. Ordinance to ACCEPT and APPROPRIATE $803,000 from the Virginia Department of Juvenile Justice to the FY2023-24 Human Services Operating Budget re Juvenile Detention Center 11. Ordinance to ACCEPT and APPROPRIATE $36,008.47 from the Virginia Beach Library Foundation to the FY 2023-24 Public Libraries Operating Budget re acquisition of a new bookmobile 12. Ordinance to ACCEPT and APPROPRIATE State funds totaling $63,164 from the Virginia Department of Environmental Quality to the Waste Management Enterprise Fund within the FY 2023-24 Public Works Operating Budget ($51,332) and Park and Recreation Operating Budget ($11,832)re litter prevention and recycling 13. Ordinance to TRANSFER$1,750,000 from Capital Project#100147"Atlantic Park Parking"to Capital Project #100606 "Atlantic Park Offsite Infrastructure" re replenish construction contingencies and meet anticipated requirements to complete the offsite infrastructure work CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-5 of the City Code Pertaining to the Members of the Historic Preservation Commission MEETING DATE: December 5, 2023 ■ Background: The Virginia Beach Historic Preservation Commission was created by the City Council in 2008 to advise the Council and City departments regarding the preservation of historic buildings, structures, and sites located in the City. In the fifteen years since its creation, the commission has provided valuable input and support for historic preservation. ■ Considerations: This ordinance would authorize the appointment of one or more emeritus members by the City Council. Such appointments would be in recognition of substantial contributions in furtherance of historic preservation made by the emeritus member to the commission and to the City. Emeritus members would not be voting members but could participate in commission discussions. The ordinance also contains a housekeeping edit to replace an outdated reference to the Department of Museums and Historic Resources with a reference to the current Department of Cultural Affairs. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance Requested by Mayor Dyer and Vice Mayor Wilson REQUESTED BY MAYOR DYER AND VICE MAYOR WILSON 1 AN ORDINANCE TO AMEND SECTION 2-5 2 OF THE CITY CODE PERTAINING TO THE 3 MEMBERS OF THE HISTORIC 4 PRESERVATION COMMISSION 5 6 SECTION AMENDED: § 2-5 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-5 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 2-5. Historic preservation commission. 15 (a) There is hereby created the Virginia Beach Historic Preservation Commission for 16 the purpose of advising city council and the departments of museums and histeriG_ 17 res,�s cultural affairs and planning on all issues related to the preservation of 18 historic buildings, structures, and sites located in the City of Virginia Beach. Such 19 advice shall include, but not be limited to: (1) the terms pursuant to which historic 20 properties are acquired, leased, utilized or sold by the city, (2) the need for, and 21 criteria for designation of, historic and cultural overlay districts in certain areas of 22 the city and (3) to approve or deny applications for inclusion on the Virginia Beach 23 Historical Register. The mission of the commission shall be to preserve, protect and 24 maintain the historic identity of Virginia Beach and the former Princess Anne 25 County through a program of advocacy and increased public awareness and 26 involvement. 27 (b) The commission shall consist of at least nine (9), but not more than fifteen (15), 28 members, with expertise in the fields of architecture, archaeology, and history. The 29 commission shall include at least one (1) representative from the Princess Anne 30 County/Virginia Beach Historical Society. The commission also shall include two (2) 31 Virginia Beach high school students who shall be nonvoting members. The 32 commission shall interview candidates for the student membership positions and 33 make recommendations to city council, which shall make the appointments. The 34 voting members of the commission shall be appointed by the city council to serve 35 terms of three (3) years, and the student members shall be appointed to terms of 36 one (1) year. 37 (c) The commission may include one or more emeritus members, who shall be 38 appointed by the City Council. Emeritus members will not be voting members; they 39 shall not be included for purposes of determining a quorum, and they shall not be 40 subject to the attendance policy for voting members in section 2-3.1 . Emeritus 41 members will not have terms and shall serve at the pleasure of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2023. APPROVED AS TO LEGAL SUFFICIENCY- City Attorney's Office CA16360 R-2 November 29, 2023 H.l CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Amend Section 2-451 of the City Code Pertaining to the Definition of Boards, Commissions and Committees; (2) An Ordinance to Repeal Section 2-452 of the City Code Pertaining to the Military Liaison Commission; and (3) An Ordinance to Repeal Article II of Chapter 6 of the City Code Pertaining to the Port of Virginia Beach Advisory Commission MEETING DATE: December 5, 2023 ■ Background: The Citizens Committee on Boards and Commissions made many recommendations to the City Council regarding the City's appointive agencies, including a recommendation that City Code § 2-451 be revised. That Code section lists City boards, commissions, and committees, but the list is inaccurate, and the committee recommended that the Code section be revised in a manner that would no longer render it out of date in the future. The first attached ordinance deletes the out-of-date list of appcintive agencies and replaces that text with a requirement that the City Clerk maintain on the City's website a list of City boards, commissions, and other Council- appointed agencies. The City Clerk already created that page: clerk.virginiabeach.gov/appointed-agencies. In 1965, an article was included in the City Code that created the Port of Virginia Beach Advisory Commission. No other records have been found regarding the commission, and the City does not have a port. In 1988, the City Council established a military liaison commission. No other records have been found regarding that commission. In 2008, the City Council established the Military Economic Development Advisory Committee, and that committee of military liaisons is an active committee that supports the valuable partnership between the City and the Navy. The other two attached ordinances repeal the City Code sections regarding those two defunct commissions. ■ Considerations: These ordinances will update the City Code by removing obsolete information and will reference the list of current City boards, commissions, and other appointive agencies that the City Clerk maintains on the City website. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: 3 ordinances. Recommended Action: Approval Submitting Department/Agency: City Clerk City Manager: 1 AN ORDINANCE TO AMEND SECTION 2-451 2 OF THE CITY CODE PERTAINING TO 3 BOARDS AND COMMISSIONS 4 5 SECTION AMENDED: § 2-451 6 7 That Section 2-451 of the Code of the City of Virginia Beach, Virginia, is hereby 8 amended and ordained to read as follows: 9 10 Sec. 2-451. Definition List of current boards, commissions and corn m Otte es other 11 appointive agencies. 12 The City Clerk shall maintain on the City's website a current list of City boards 13 commissions, and other agencies created by the City Council and also appointive 14 agencies established by state law whose members are appointed solely by the City 15 Council. 16 17 Beards shall be defined as those ad appointive agenGies hiGh are 18 " as well as IGGally established bedies, 19 the duty of whiGh pertains to or is geveMed by federal and state Godes or IGGal 20 ordiRaRGes. Terms shall be speGified and limited iR aGGOrdanGe with the appliGable 21 federal er state Godes or IeGal oFdonances oF FesolUtiORS. These Gurrently establish 22 are as 23 Beard of building Gode appeals 24 Board of zening appeals 25 Chesapeake Bay Preservation Area Board 26 27 GE)MMURity p0liGy and maRagement team GSA at risk youth and families 28 DevelopmeRt authority 29 D*rontor of the offiro of volunteer Fese Imes 30 Eastem Virginia Me diGaI Cnhool 31 Hampton Reads EGeRGMiG Development Alliapc-e 32 Health serviGes advisory board 33 HiStGFiGal review board 34 Housing advisory beaFd- 35 36 North Landing SGeniG River AdvisoFy Board 37 38 Personnel board F 53 73 -C3 3 9) 73 51 3- 73 m CT () M T ct G) aL C) 0 7 3 � � x ' s � = S2. 7 3 3 75 Bikeways and trails advi 76 Employee benefits review task fGFGe 77 Military eGGROMiG development advi 78 QGeana Land Use Conformity Committee 79 80 Review and alloGatwon GOMMittee 81 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 82 day of 12023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 040Y City Clerk P City Attorney's O ice CA16361 R-1 November 14, 2023 a"'Mu i%l sJ 1761 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Amend Section 2-451 of the City Code Pertaining to the Definition of Boards, Commissions and Committees; (2) An Ordinance to Repeal Section 2-452 of the City Code Pertaining to the Military Liaison Commission; and (3) An Ordinance to Repeal Article II of Chapter 6 of the City Code Pertaining to the Port of Virginia Beach Advisory Commission MEETING DATE: December 5, 2023 ■ Background: The Citizens Committee on Boards and Commissions made many recommendations to the City Council regarding the City's appointive agencies, including a recommendation that City Code § 2-451 be revised. That Code section lists City boards, commissions, and committees, but the list is inaccurate, and the committee recommended that the Code section be revised in a manner that would no longer render it out of date in the future. The first attached ordinance deletes the out-of-date list of appointive agencies and replaces that text with a requirement that the City Clerk maintain on the City's website a list of City boards, commissions, and other Council- appointed agencies. The City Clerk already created that page: clerk.virginiabeach.gov/appointed-agencies. In 1965, an article was included in the City Code that created the Port of Virginia Beach Advisory Commission. No other records have been found regarding the commission, and the City does not have a port. In 1988, the City Council established a military liaison commission. No other records have been found regarding that commission. In 2008, the City Council established the Military Economic Development Advisory Committee, and that committee of military liaisons is an active committee that supports the valuable partnership between the City and the Navy. The other two attached ordinances repeal the City Code sections regarding those two defunct commissions. ■ Considerations: These ordinances will update the City Code by removing obsolete information and will reference the list of current City boards, commissions, and other appointive agencies that the City Clerk maintains on the City website. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: 3 ordinances. Recommended Action: Approval - —_---- Submitting Department/Agency: City Clerk City Manager: 1 AN ORDINANCE TO REPEAL SECTION 2- 2 452 OF THE CITY CODE PERTAINING TO 3 THE MILITARY LIAISON COMMISSION 4 5 SECTION REPEALED: § 2-452 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-452 of the Code of the City of Virginia Beach, Virginia, is hereby 11 repealed: 12 Con 2- 52 Establishment of military liaisen GOrnmissi 13 A military IiaiSOR GOMmissien is here-by established. The mayor, the ViGe-mayor and 14 Gity manager shall serve for the teRure of their Off'Ges OF appointmeRtS, with the mayor 15 16 ; and, the following 17 18 they shall be requested to serve foF the tenure of their reSPeGtive GOmmands: 19 Gemmander-en-Ghmef, U.S. AtIaRtiG Fleet 20 Commander, U.S. Naval Air FeFGe, AtlanfiG Fleet 21 Commander, U.S. Naval SurfaGe FOFGe, AtlantiG Fleet 22 Commander, U.S. Submar'Re Force, Atlantic Fleet 23 Commander, Fighter Medium AttaGk AirberRe Early Warning Wings 24 AtlantffiG/GOMmander, Naval Supply Center 25 Commander, Fifth Coast Guard DaStFmGt. 26 Commander, U.S. Naval Base (Nerfalk) 27 28 Gemr manning Offinor, U.S.C Naval Amnhihie s Base (Little Greek) 29 Commanding Officer, U.S. Naval Air Station (OGeaRa) 30 Gemmanding OffiGer, U.S. Fleet Combat TraiRing GeRter AtlantiG (Dam NeGk) 31 32 33 Sete GeMmander, Virginia Army NatiORal Guard 34 The military lwamson GOMmission shall meet formally and/or informally on a regular 35 36 relations, and Greate a better URderstanding of militaFy regulations, GiViliaR laws and 37 community iRterests 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: - aw rv-V., : City Clerk City Attorney's Offic CA16362 R-1 November 8, 2023 Wu.e�z CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Amend Section 2-451 of the City Code Pertaining to the Definition of Boards, Commissions and Committees; (2) An Ordinance to Repeal Section 2-452 of the City Code Pertaining to the Military Liaison Commission; and (3) An Ordinance to Repeal Article II of Chapter 6 of the City Code Pertaining to the Port of Virginia Beach Advisory Commission MEETING DATE: December 5, 2023 ■ Background: The Citizens Committee on Boards and Commissions made many recommendations to the City Council regarding the City's appointive agencies, including a recommendation that City Code § 2-451 be revised. That Code section lists City boards, commissions, and committees, but the list is inaccurate, and the committee recommended that the Code section be revised in a manner that would no longer render it out of date in the future. The first attached ordinance deletes the out-of-date list of appointive agencies and replaces that text with a requirement that the City Clerk maintain on the City's website a list of City boards, commissions, and other Council- appointed agencies. The City Clerk already created that page: clerk.virginia beach.gov/appointed-agencies. In 1965, an article was included in the City Code that created the Port of Virginia Beach Advisory Commission. No other records have been found regarding the commission, and the City does not have a port. In 1988, the City Council established a military liaison commission. No other records have been found regarding that commission. In 2008, the City Council established the Military Economic Development Advisory Committee, and that committee of military liaisons is an active committee that supports the valuable partnership between the City and the Navy. The other two attached ordinances repeal the City Code sections regarding those two defunct commissions. ■ Considerations: These ordinances will update the City Code by removing obsolete information and will reference the list of current City boards, commissions, and other appointive agencies that the City Clerk maintains on the City website. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: 3 ordinances. Recommended Action: Approval Submitting Department/Agency: City Clerk City Manager: 1 AN ORDINANCE TO REPEAL ARTICLE II OF 2 CHAPTER 6 OF THE CITY CODE 3 PERTAINING TO THE PORT OF VIRGINIA 4 BEACH ADVISORY COMMISSION 5 6 SECTIONS REPEALED: §§ 6-41 THROUGH 7 6-60 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 6-41 through 6-60 of the Code of the City of Virginia Beach, 13 Virginia, are hereby repealed: 14 15 ARTICLE 11. PORT ADVISORY COMMISSION 16 Sec.6 41.Definitio . 17 " " shall meaR the Port of VirgiRia BeaGh 18 . 19 . 20 An agenGy of the city government is hereby created pursuant to Section 3.05 of t4e 21 Ch-arrtter, to be known as the"PeFt of Virginia BeachAdvisory Commission," for he 22 purpose of regulating use, growth and development of theGity'Spert, 23 faGilities and to provide, designate and develep free faGilities to be epen to all eR eq4a4 24 terms. 25 . 26 The eefMission shall consist of seven (7)-membersT"e Members shall be 27 GitiZenS of the Gity who have an and speGial knowledge of the _6011011116­af�d 28 reGreational effect of the E)Gean, bays, rovers and lakes in, near or adjacent to the Gity 29 The members shall be appointed by the Gity GounGil. The fiFst members appoint d- Sh-All 30 be appointed for terms of four (il) throe (3) two (2) and one year in the order of their 31 appointment and shall thereafter be appointed fGr terms of four (4) years Vacanrm 32 veering for whatever Gause shall he filled by the nounnil 33 . 34 The nommission shall elent annually one of its members to he chairman for a term 35 of one year an(d until his SUGGesser is chosen and qualifies 36 37 The GOMmission shall have a seGretary who shall be desigRated by the Gity 38 ryaRageF. -4 0) CT) CT) CY) (9) 0) a) cn cn cn cn cn (.n 4�1 -01 �, e � � C) CO OC) -40) 0') Cn -0., w N) — 0 (D 00 -4 0) Cn 4�1, w NJ 0 (D 00 --4 0') cn 4�-, U) rQ C:) (P ID o 73 3 7 3 5 rl 31 c 51 c i 3 73 -M cl Cl 73 M. c 53 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: Cit lerk City Attorney's Office CA16363 R-1 November 8, 2023 ?U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing the 90-Day Festival Task Force MEETING DATE: December 5, 2023 ■ Background: The City hosts many different festivals, both at the Oceanfront and throughout the City, that local residents enjoy and that also attract tourists and other visitors to the City. The City receives many requests from festival organizers for financial support, and the City Council desires to establish a process whereby such requests could be evaluated to determine the amount of funding, if any, that should be provided to a particular festival, including those that are produced by community-based organizations and festivals that are secured by the City to generate a positive economic and tourism impact. The City also supports festivals by facilitating the use of City-owned property, including both public areas and City facilities, and the City provides significant public safety, traffic management, clean up, planning and logistical support, and these in-kind City services have a financial value for the festivals. The City Council previously established the Arts and Humanities Commission and the Community Organization Grant Review and Allocation Committee. The former evaluates requests for City financial support by organizations that provide a variety of artistic and cultural activities and programs, and the latter evaluates requests for City financial support from qualified non-profit organizations that provide services that enhance the quality of life for City residents. Both are allocated a set amount of total funding in the City's annual operating budget, and they use grant criteria to determine the amount of funding, if any, that will be provided to applicant organizations. The City would benefit from creating a facilitated 90-Day Task Force to provide recommendations for developing criteria for the allocation of City funding in support of festivals, and once those criteria are developed and approved by the City Council, the City Council could consider allocating funds for festivals in a way that is similar to the allocation of arts and humanities and community organization funding. The Task Force would provide recommendations for updating and revising the Oceanfront Parks Policy and provide recommendations in developing evaluation criteria to include, among other metrics, an analysis of the potential return on investment via the attraction of tourists and visitors to large festivals, as well as an analysis of the return on investment, via the impact on our community and residents, for festivals that are held primarily for the enjoyment of local residents; and evaluation criteria should also ensure that City-supported festivals will be inclusive and appeal to diverse audiences, with festivals held not only at the Oceanfront but throughout the City. ■ Considerations: The attached resolution establishes the 90-Day Festival Task Force, which shall be a facilitated task force, to serve in an advisory capacity to the City Council. The Task Force will consist of 17 voting members, including a member designated by each member of the City Council as well as a representative of each of the following entities: the Resort Advisory Commission, the Arts and Humanities Commission, the Minority Business Council, the Central Business District Association, the Virginia Beach Hotel Association, and the Virginia Beach Restaurant Association. The City Manager and the City Attorney will provide staff support to the facilitated 90-Day Festival Task Force, including: a facilitator; a representative of the Convention and Visitors Bureau with event programming responsibilities; a representative of the Parks and Recreation Department with event programming responsibilities for City parks, including but not limited to Mount Trashmore; a representative of the Emergency Management Department; and a representative of the Department of Budget and Management Services. The resolution provides that the 90-Day Festival Task Force shall propose revisions to the current Oceanfront Parks Policy and develop festival funding review criteria and processes, and it shall submit those recommendations to the City Council for its consideration within 90 days of the Task Force's first meeting so its recommendations can be considered prior to the submittal of the City Manager's Proposed Fiscal Year 2024-25 Operating Budget. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Resolution Requested by Vice Mayor Wilson and Councilmembers Berlucchi, Remick, Ross- Hammond and Schulman REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, REMICK, ROSS-HAMMOND, AND SCHULMAN 1 A RESOLUTION ESTABLISHING THE 90-DAY 2 FESTIVAL TASK FORCE 3 4 WHEREAS, the City of Virginia Beach hosts many different festivals, both at the 5 Oceanfront and throughout the City, that local residents enjoy and that also attract tourists 6 and other visitors to the City; 7 8 WHEREAS, the City receives many requests from festival organizers for financial 9 support, and the City Council desires to establish a process whereby such requests could 10 be evaluated to determine the amount of funding, if any, that should be provided to a 11 particular festival, including those that are produced by community-based organizations 12 and festivals that are secured by the City to generate a positive economic and tourism 13 impact; 14 15 WHEREAS, the City also supports festivals by facilitating the use of City-owned 16 property, including both public areas and City facilities, and the City provides significant 17 public safety, traffic management, clean up, planning and logistical support, and these in- 18 kind City services have a financial value for the festivals; 19 20 WHEREAS, the City Council previously established the Arts and Humanities 21 Commission and the Community Organization Grant Review and Allocation Committee; 22 the former evaluates requests for City financial support by organizations that provide a 23 variety of artistic and cultural activities and programs; the latter evaluates requests for 24 City financial support from qualified non-profit organizations that provide services that 25 enhance the quality of life for City residents; and both are allocated a set amount of total 26 funding in the City's annual operating budget, and they use grant criteria to determine the 27 amount of funding, if any, that will be provided to applicant organizations; 28 29 WHEREAS, the City would benefit from creating a facilitated 90-Day Festival Task 30 Force to provide recommendations for developing criteria for the allocation of City funding 31 in support of festivals, and once those criteria are developed and approved by the City 32 Council, the City Council could consider allocating funds for festivals in a way that is 33 similar to the allocation of arts and humanities and community organization funding; 34 35 WHEREAS, the Task Force would provide recommendations for updating and 36 revising the Oceanfront Parks Policy and provide recommendations in developing 37 evaluation criteria to include, among other metrics, an analysis of the potential return on 38 investment via the attraction of tourists and visitors to large festivals, as well as an 39 analysis of the return on investment, via the impact on our community and residents, for 40 festivals that are held primarily for the enjoyment of local residents; and evaluation criteria 41 should also ensure that City-supported festivals will be inclusive and appeal to diverse 42 audiences, with festivals held not only at the Oceanfront but throughout the City; 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA, THAT: 46 47 1. The City Council hereby establishes the 90-Day Festival Task Force, which 48 shall be a facilitated task force. 49 50 2. The Task Force shall serve in an advisory capacity to the City Council, and the 51 City Council shall appoint its members. 52 53 3. The Task Force shall consist of 17 voting members, including a member 54 designated by each member of the City Council as well as a representative of each of the 55 following entities: the Resort Advisory Commission, the Arts and Humanities 56 Commission, the Minority Business Council, the Central Business District Association, 57 the Virginia Beach Hotel Association, and the Virginia Beach Restaurant Association. 58 59 4. The Task Force shall provide its recommendations within 90 days of its first 60 meeting, and the Task Force will automatically dissolve upon submission of those 61 recommendations. The Task Force may recommend that a citizens committee be 62 created to evaluate festival funding requests, and if the Council agrees, the Council may 63 create a new committee or commission for that purpose. 64 65 5. The City Manager and the City Attorney shall provide staff support to the 66 facilitated 90-Day Festival Task Force, including: a facilitator; a representative of the 67 Convention and Visitors Bureau with event programming responsibilities; a 68 representative of the Parks and Recreation Department with event programming 69 responsibilities for City parks, including but not limited to Mount Trashmore; a 70 representative of the Emergency Management Department; and a representative of the 71 Department of Budget and Management Services. 72 73 6. The 90-Day Festival Task Force shall propose revisions to the current 74 Oceanfront Parks Policy and develop festival funding review criteria and processes, and 75 it shall submit those recommendations to the City Council for its consideration within 90 76 days of the Task Force's first meeting so its recommendations can be considered prior to 77 the submittal of the City Manager's Proposed Fiscal Year 2024-25 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: � -r-� City Attorney's Off CA16325 R-8 November 28, 2023 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving Amendments to the Bylaws of the Resort Advisory Commission MEETING DATE: December 5, 2023 s Background: The Resort Advisory Commission (RAC) advises the City Council regarding projects and issues associated with the Oceanfront Resort Area. The Commission voted during its September 28, 2023, meeting to request that the City Council approve amendments to its bylaws, as required by City Code §2-6(b). e Considerations: A redlined revised version of the bylaws with recommended amendments is attached. The amendments to Article V reflect administrative changes in reporting structure: the bylaws currently provide that RAC works through the Department of Economic Development and the Resort Management Office; the revision replaces the references to that department and office with the Convention and Visitors Bureau (which includes the Resort Management Office). An additional amendment to this section that was identified after the RAC vote is to correct the name of the Advertising Advisory Committee. The amendments to Article VI reflect the RAC decision to consolidate two of its six committees: the G.R.E.E.N. (Green Resort Eco Friendly Efficient Neighbors) committee has been combined with the OEC (Oceanfront Enhancement Committee), and the OSAG (Oceanfront Strategic Growth Areas Committee) was combined with the RIC (Resort Investment Committee). Attachment C to the bylaws is the RAC and RAC Committee Mission Statements, and the mission statements of the OEC and the RIC have been revised to include the key missions of the consolidated committees. Public Information: Normal Council agenda process. Attachments: Resolution; Proposed Bylaws Amendments . Recommended Action: Approval Submitting Department/Agency: Resort Advisory Commission City Manager: fir 1 A RESOLUTION TO APPROVE PROPOSED 2 AMENDMENTS TO THE BYLAWS OF THE RESORT 3 ADVISORY COMMISSION 4 5 WHEREAS, City Code § 2-6(b) provides that the Resort Advisory Commission 6 shall act in accordance with its bylaws, and that those bylaws shall not be amended 7 without the prior approval of the City Council; and 8 9 WHEREAS, during its September 28, 2023, meeting, the Resort Advisory 10 Commission voted to recommend that the City Council approve the attached 11 amendments to its bylaws; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the City Council hereby approves the proposed amendments to the bylaws, 17 which shall be effective upon adoption of this resolution. 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: Conven ion and Visitors Bureau City Attorney's Office CA16340 R-1 October 16, 2023 REVISED VERSION RESORT ADVISORY COMMISSION BYLAWS ARTICLE I PURPOSE The general purpose of the Resort Advisory Commission ("Commission") shall be to review and make recommendations to City Council regarding (i) projects and issues associated with the Oceanfront Resort Area, and (ii) such other resort and/or tourism-related projects and issues as the Council may refer to the Commission. In carrying out this purpose, the Commission's goal shall be to support the City Council's efforts to realize its vision of Virginia Beach as a quality resort destination that: • encourages responsible enjoyment of its invaluable natural assets by residents,day visitors, and tourists; • draws on all of its ocean and bay beaches and inland bays,lakes and rivers to establish the City as a water- oriented recreation destination; • provides a growing stream of tourism-generated tax revenues to help meet the City's needs for schools, highways, and social services; • offers a diversity of cultural, entertainment,recreational,and educational tourism venues in an integrated and well-designed manner; • attracts visitors from a wide spectrum of income and age groups and serves each group with courtesy and distinction; • establishes a distinctive identity at each gateway to the City and extends this distinctive character along routes linking our major resort attractions and venues; • encourages private investment in tourism development and offers an environment conducive to profitable operation of small and large-scale resort businesses; • competes successfully year-round for the best state and regional conferences, trade shows and conventions; and • enhances its beachfront residential neighborhoods and minimizes conflicts between visitors and residents in these neighborhoods. Specifically,the Commission shall: • serve as City Council's citizen advisory panel on tourism-development challenges and opportunities; • serve as an incubator for tourism-development projects and programs; • serve as the conduit to the Council for resort plans and initiatives; • monitor the Tourism Investment Program (TIP) Fund and Tourism Advertising Program (TAP)to insure that expenditures are consistent with Council policy; • build consensus among the diverse interests having a stake in our tourism industry; • assist City staff and Council to integrate the diverse mix of resort programs and projects into a consistent, unified,tourism-development plan; • be an advocate for quality design in both public and private resort development; and • monitor implementation of Council-endorsed resort projects,programs and policies to insure consistency with the Council's resort vision. ARTICLE II MEMBERS Section 1. Number. The Commission shall consist of at least eleven (11) but not more than nineteen (19) members, and shall include a member from each of the following associations: the Virginia Beach Hotel Association, the Virginia Beach Restaurant Association, the Virginia Beach Division of the Hampton Roads Chamber of Commerce, and the Virginia Beach Council of Civic Organizations. The Commission shall also include a resort retailer. The Commission shall include at least three (3)professionals who have expertise in the fields of architecture, urban design, land use planning, landscape architecture, transportation planning, or other design fields important to realizing the purpose of the Commission. All nominees shall be appointed by City Council and serve at the pleasure of the City Council. Section 2. Term. All members shall be appointed for a term of three (3) years; provided, however, that, in accordance with § 2-3 of the City Code, no member shall be appointed to serve more than three (3) consecutive three (3) year terms in accordance with Section 2-3.(b) a Commissioner may be reappointed by City Council to one or more additional terms beyond the limit imposed by City Code Section 2-3. Section 3. Qualifications. All members shall be residents of the City. The overall membership should also include persons with knowledge or experience in the fields of banking and finance, tourism development, recreation and entertainment, commercial real estate, advertising, business management, real estate law, or other areas uniquely related to the purpose of the Commission. Additionally, every effort should be made to have geographical,racial, and ethnic representation on the Commission reflective of the entire City. Section 4. Chair and Vice-Chair. A Chair(or Vice-Chair in the Chair absence) shall preside over the meetings of the Commission. The Chair and Vice-Chair shall be elected by a majority vote of the Commission and shall serve for a term of one (1)year. The Chair and Vice-Chair may be re-elected for additional terms. Section 5.Attendance.Attendance records shall be kept at each meeting of the Commission and an annual report of the attendance of the members shall be filed with the City Clerk by November 15 of each year for review by City Council. No member shall accumulate an annual total of more than three (3) unexcused absences per calendar year(not to exceed one-fourth of the total number of meetings). If this limitation is exceeded for reasons other than personal illness,the illness or death of a relative,or other circumstances beyond the member's control (determined by the Chair), as required by City Code 2-3.1, the Chair shall promptly inform the City Clerk, who will inform the member in writing,with a copy to City Council,that due to excessive unexcused absences, his or her membership on the Commission has been terminated. Members are allowed to participate remotely pursuant to the RAC's adopted Remote Participation Policy(Attachment A). Section 6.Vacancies.A vacancy caused by death,resignation,termination, expiration, or otherwise should be filled by City Council for the unexpired term thereof, or in the case of an expiration, for three(3)years. If a Commissioner is appointed to fill a seat that was vacated with time remaining on the term,the new appointee will serve the unexpired portion of the prior member's term. The term limits above apply only to full three- terms,not partial terms. Notwithstanding the above,if, immediately prior to a vacancy,the Commission consists of more than eleven(11) members,the City Council may choose not to fill the vacancy. ARTICLE III MEETINGS Section 1.Regular meetings.The Commission shall meet at least once per calendar quarter,at a time and location to be determined by the Chair upon consultation and coordination with the other members. The Commission's Resort Investment Committee (RIC) shall also serve as the Executive Committee for the Commission and shall meet monthly when needed, on either matters requiring immediate action, or as requested by Council. The RAC may vote to ratify a vote taken at the RIC. Section 2. Special meetings. A special meeting may be called by the Chair or five (5) members of the Commission,or may be convened by City Council,to consider any matter that, in the determination of the Chair, the members, or City Council, needs to be addressed prior to a regular meeting. City Staff shall provide notice consistent with the Freedom of Information Act and the City Code. Any recommendation to the City Council, adopted by the Commission, shall be immediately submitted in writing to the City Manager who shall transmit it to City Council. Section 3. Quorum. A quorum of Commission members (more than half of the current membership) shall be present in order for any meeting to be held at which action may be taken. All actions of the Commission shall be conducted at a regular or special meeting and,with the exception of reports as indicated in Article IV below,shall require a majority vote of those members present. ARTICLE IV REPORTS Section 1.Annual Report.By October 15 of each year,the Commission shall prepare and submit an annual report of its activities,recommendations, and proposals, including a financial statement, if applicable,to the City Manager who shall transmit same to City Council. Interim reports to City Council may be provided when deemed appropriate or necessary by the Commission, City Council,or the City Manager. In compliance with City Council's Ordinance No. 94-2258,attendance records shall be kept at each meeting of RAC with a yearly compilation and be submitted with the Commission's Annual Report to the City Council via the City Clerk's Office. Section 2. Tourism Investment Program. By October 15th of each year, the Commission shall prepare and submit an Annual Tourism Investment Program (TIP) Fund Report to the City Manager who shall transmit it to the City Council. This Report shall include the Commission's evaluation of the status of the TIP Fund and its recommendations for the use of the TIP in the upcoming budget cycle. This Report shall also include Commission recommendations for non-TIP-financed operating and capital budgeting initiatives that are consistent with the Commission's purpose. Section 3.Capital Improvement Project Recommendations. By October 15th of each year,a list of prioritized Capital Improvement Projects ("CIP") will be submitted to City staff for review and potential inclusion in the CIP budget. Section 4.Requirements. All reports shall be approved by a majority of the members of the Commission. The Commission shall present a summary of any required report directly to the City Council at a public meeting. In any report to the Council,the Commission shall identify any conflicts that its report may have with the opinions of other City agencies. ARTICLE V COORDINATION Section 1. City Departments. The Commission shall work with and through the Depaftfnew of Eeenefnie Development and-toe Resef4 Management O Convention and Visitors Bureau which shall, in close cooperation with the City Manager's Office, be responsible for coordinating the efforts of the Commission with other City departments (1) to ensure that there is no unnecessary duplication of efforts; (2) to enable the Commission to review the recommendations and proposals of City departments for compatibility (or incompatibility)with Commission objectives; (3)to enable City departments to review and provide comments on Commission-generated proposals or initiatives;and(4)to ensure timely implementation of projects and programs. Section 2. Other City Agencies. The Commission and the Pepai4meat of Eeenefnie DevelepmentConvention and Visitors Bureau shall make a special effort to establish open lines of communication with other City agencies involved in the formulation and implementation of various components of the City Council's resort and tourism policies including, but not limited to,the following: the Resort Management Office,the Development Authority, the Planning Commission,the Bayfront Advisory Commission,the City entertainment contractor,the Advertising Advisory CouneiWommittee, and other City agencies; that may have an interest in specific elements of the Council's resort and tourism policies. ARTICLE VI COMMITTEES The Chair of the Commission shall have the authority to appoint special committees, the members of special and standing committees,and to appoint a current RAC member to serve as Chair of any such committees comprised of members of the Commission and non-members with special expertise,to study and review specific areas of concern and to report to the full Commission for such action as the Commission shall deem appropriate. All Commissioners shall serve on at least one Commission Committee as a voting member. Refer to the Commission's Committee Guidelines for more information. The standing committees are: Trrc (Transportation,Parking,Pedestrian Committee), OEC(Oceanfront Enhancement Committee),PDRC (Planning Iand Design Review Committee), and RIC (Resort Investment Committee), ARTICLE VII AMENDMENTS No alteration, amendment, or repeal of these Bylaws or any section hereof shall be effective without the prior consent of City Council. IThese revised Bylaws were approved by the City Council onjuly 6 INSERT ATTACHMENTS A&B & C RAC Remote Participation Policy,Effective July 1, 2021 RAC Committee Guidelines RAC and RAC Committee Mission Statements ii1iA'$8 jr ATTACHMENT A Resort Advisory Commission Policy Title: Policy for Remote Participation by Members in RAC Meetings Date of Adoption:Nov.5,2020 Dates of Revision: July 1,2021 Page 1 of 2 1.0 Purpose and Need The purpose of this policy is to enable members of the Resort Advisory Commission to participate in Resort Advisory Commission meetings remotely, by electronic communication means, in accordance with the Virginia Freedom of Information Act. 2.0 Policy It is the policy of the Virginia Beach Resort Advisory Commission that individual members of the Commission may participate in Commission meetings by electronic means as permitted by Virginia Code§2.2-3708.2 or its successor provision. This policy shall apply to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. This policy applies to the Commission and to any committee or subcommittee appointed by the Commission that has voted to adopt this policy. 2.1 The Request and Eligibility Criteria Whenever an individual member wishes to participate from a remote location, the member shall notify the Chair and the appropriate City staff member on or preferably before the day of the meeting that (1)the member is unable to attend the meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance or due to a family member's medical condition that requires the member to provide care for such family member, thereby preventing the member's physical attendance ("medical reason"); or (2) the member is unable to attend due to a personal matter and the member identifies with specificity the nature of the personal matter ("personal reason"). Participation for a personal reason is limited to two meetings per calendar year or 25% of the meetings held per calendar year rounded up to the next whole number, whichever is greater. 2.2 Quorum and Minutes Requirements A quorum of the Commission must be physically assembled at the primary meeting location in order to enable remote participation by a member, and arrangements must be made for the voice of the remote participant to be heard by all persons at the primary meeting location. The reason that the member is unable to attend the meeting and the remote location from which the member participates shall be recorded in the meeting minutes. If the reason for the remote participation is a medical reason, the minutes shall include a statement that a temporary or permanent disability or other medical condition prevented the member's physical attendance at the primary meeting location or that a family member's medical condition required the member to provide care for such family member, thereby preventing the member's physical attendance The minutes do not need to include the specific disability or medical condition or, if applicable, the identity of the family member. If instead the member is unable to attend due to a personal reason, the minutes must include the specific nature of the personal matter. Title: Policy for Remote Participation by Members in RAC Meetings Date of Adoption:Nov.5,2020 Dates of Revision: Page 2 of 2 July 1,2021 2.3 Challenges If a member's proposed participation from a remote location is challenged by another member as being inconsistent with this policy, then the Commission shall vote on whether to allow such participation. If the Commission votes to disapprove the member's remote participation because such participation would violate this policy, such disapproval shall be recorded in the minutes with specificity. ATTACHMENT B RESORT ADVISORY COMMISSION (RAC) COMMITTEE GUIDELINES The Resort Advisory Commission(RAC)shall have organized and active committees. • Planning and Design Review Committee(PDRC) • Resort Investment Committee (RIC) - Voting Members Consist solely of RAC Committee Chairs(or their appointed Committee Vice-Chair),to serve as an Executive Committee for the RAC as needed. • Transportation,Parking, Pedestrian Committee(TPPC) ! Oceanfront Enhancement Committee(OEC) Guidelines • Each Commissioner on the RAC must serve as an active Voting Member of at least one Committee.A Voting Member will have attended three successive Committee meetings, with fewer than one-fourth of total meetings missed in one calendar year. • The associations for restaurants (VBRA), hotels (VBHA), Council of Civic Organizations and the Virginia Beach Division of the Hampton Roads Chamber of Commerce shall each have one seat and receive one vote on the Committee(s) of their choice. ! City Staff may participate,but shall not serve as a Voting Member, on any Committee. ! The Committees may meet one scheduled time per month prior to the scheduled meeting for the full RAC. Schedule and frequency to be determined by the Committee Chair. • Each Committee will have a current RAC Chairman to organize and lead the meeting. The Chairman is appointed by the full RAC Commission and Beach Borough Council Member. • The Committee Chairman will establish the Voting Members of their respective committees. The Chair will also appoint a RAC Voting Member as Vice Chair to officiate the meeting in the absence of the Committee Chairman; or at the Chairman's discretion,they may cancel a meeting. ! Minutes will be taken at each Committee meeting. Once approved these minutes will be circulated to the Committee Voting Members. • The Committee Chair will report the subjects and actions taken at every Committee meeting in the monthly meeting of the full RAC Commission. At the RAC meeting the Committee Chair shall present the recommendation(s) from the Committee and make best efforts to present the significant sides or opinions presented in the recommendation process. ! The Number of Voting Members of each Committee will be the responsibility of the Committee Chairman. This number is not to exceed 13 voting members. ! To be eligible to become a Voting Member a person must have attended three consecutive Committee meetings. Once a person qualifies as a Voting Member, at the Chairman's discretion, they may be identified as a Voting Member and recorded. • Once a Position as a Voting Member is established, they must adhere to the attendance guidelines established in Section 5 of the RAC Bylaws. No Voting Member shall accumulate an annual total of more than three (3) unexcused absences (not to exceed more than one-fourth of the total number of meetings in one calendar year). In essence, they must be active and participate in the minimum required number of meetings. • Every effort will be made to post voting issues on the meeting Agenda so the members can prepare their position. ONLY VOTING MEMBERS are allowed to vote on Agenda items where a position is needed. Other members are encouraged to participate in the discussion but are not included in the vote. • All other RAC Bylaws govern these Committees and their members. ATTACHMENT C Vlf inia Resort Advisory Commission g 600 22"d Street, 2"d Floor beach Virginia Beach,VA 23451 (757) 385-4800 RAC and Committee Overview Resort Advisory Commission (RAC) The general purpose of the Resort Advisory Commission shall be to review and make recommendations to City Council regarding projects and issues associated with the Oceanfront Resort Area, and such other resort and/or tourism-related projects and issues as the Council may refer to the Commission. The Commission's goal shall be to support the City Council's efforts to realize its vision of Virginia Beach as a quality resort destination. Resort Advisory Commission Committees The RAC committee members are responsible for developing recommendations for the RAC to review regarding relevant issues in the oceanfront resort area. There are currently 4 committees: Transportation, Parking, Pedestrian Committee (TPPC) To evaluate and provide recommendations on the operations and development of facilities and programs that improve the transportation,parking,and pedestrian systems in the resort area for visitors, residents and businesses. The TPPC will also act as a sounding board for private and public initiatives and work to achieve consensus before making recommendations to the RAC on any Issues. Oceanfront Enhancement Committee (OEC) To propose to RAC new ideas and perspectives that foster the continued ongoing, positive transformation of the resort for locals and visitors. To that end, we agree that both creating and managing first-class events,programs,and aesthetics have been and will be successful at promoting a secure, inviting, festive, economically vibrant, and inclusive atmosphere. To foster green and sustainable initiatives,in all aspects of Virginia Beach tourism and hospitality Planning and Design Review Committee (PDRC) To improve the quality of design and development of the built environment for the beach community, in service to the Resort Advisory Commission and the citizens of Virginia Beach. Resort Investment Committee (RIC) The Resort Investment Committee will work in conjunction with the Resort Industry in the development of priorities for investment and development in the Resort Area. We will monitor existing and identify other funding sources to facilitate outlined improvements to assist the Resort Advisory Commission in supporting the strategic planning initiatives in the Resort Area. We will communicate and develop consensus for such improvements and review availability and stability of funding sources for the future and continued success of the Resort. N�aet' O (�U a•, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate 44 Ballistic Vests to the Office of the Attorney General MEETING DATE: December 5, 2023 ■ Background: The Police Department (VBPD) would like to donate 44 expired, or soon to be expired, ballistic vests to the Office of the Attorney General (OAG). The OAG is coordinating an effort to collect body armor and tactical equipment from local law enforcement departments to aid the Israel Defense Forces in their defense against terrorist acts. The 44 ballistic vests were manufactured in 2018 and are expired this year. The manufacturer warranty for ballistic vests is five years. After the warranty expires, the vests are retired and incinerated, so these vests do not have any salvage value. The OAG will pick up the vests and ship them to Israel at no cost to the City. On October 17, 2023, the City Council adopted a resolution to express its support for an enduring peace between Israelis and Palestinians and to exhibit the City Council's solidarity with the State of Israel and the Jewish people of Virginia Beach and Hampton Roads after the terrorist attacks committed by Hamas against the people of Israel. ■ Considerations: The VBPD has replaced these ballistic vests with new body armor and can no longer use these items. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:/,/k) 1 AN ORDINANCE TO DONATE 44 BALLISTIC VESTS TO 2 THE OFFICE OF THE ATTORNEY GENERAL 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 The City Council hereby authorizes the donation of 44 ballistic vests to the Office 8 of the Attorney General. The devices are to be donated in "as is, where is" condition. 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: Budget and Management Services orney's Office CA16378 R-1 November 15, 2023 SP�G+Na�'Oy. fF I ) I'CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into the City's right-of- way known as Bobolink Drive, located at 1045 Bobolink Drive MEETING DATE: December 5, 2023 ■ Background: Theresa B. Sawyer, Trustee of the Theresa B. Sawyer Second Amended and Restated Revocable Trust Agreement dated December 7, 2020, (the "Applicant") has requested permission to maintain hardscaping and landscaping in the City's right-of-way known as Bobolink Drive (collectively, the "Temporary Encroachment"), located on the Applicant's property at 1045 Bobolink Drive (GPI N: 2418-15-6042). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:���� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 THE CITY'S RIGHT-OF-WAY KNOWN AS 6 BOBOLINK DRIVE, LOCATED AT 1045 7 BOBOLINK DRIVE 8 9 WHEREAS, Theresa B. Sawyer, Trustee of the Theresa B. Sawyer Second 10 Amended and Restated Revocable Trust Agreement dated December 7, 2020 (the 11 "Applicant") has requested permission to maintain 193.14' x 8.72' of landscaping and 12 hardscaping within the City's right-of-way known as Bobolink Drive (collectively, the 13 "Temporary Encroachment"), located at the Applicant's property at 1045 Bobolink Drive 14 (GPIN: 2418-15-6042); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize the temporary encroachment upon 18 the City's right-of-way subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns 25 and successors in title are authorized to maintain the Temporary Encroachment within the 26 City's right-of-way as shown on the map entitled: "EXHIBIT A SHOWING RIGHT-OF-WAY 27 ENCROACHMENTS OF LANDSCAPING & HARDSCAPING FOR LOT 226 INTO 28 BOBOLINK DRIVE RIGHT-OF-WAY (MB 18, PG 84) VIRGINIA BEACH, VIRGINIA," 29 Scale: 1" = 30', dated October 18, 2023, prepared by MSA, a copy of which is attached 30 hereto as Exhibit "A", on file in the Department of Public Works and to which reference is 31 made for a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 34 subject to those terms, conditions and criteria contained in the agreement between the City 35 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 36 been presented to the Council in its agenda, and will be recorded among the records of the 37 Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as the Applicant and the City Manager or his authorized designee execute the 44 Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 47 day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P Lk WOR S / REAL ESTATE ARMEYER SE IOR CITY ATTORNEY CAI 6247 R-2 Prepared: 10/20/2023 c:\users\a neg ronrod ri g uez\a ppdata\I oca I\microsoft\windows\i netcache\content.outlook\mtigek i0\ord.d oc N/F CURVE TABLE Tfl1Af?5 M. POVZ05 (kST. 1202X"3462B) CURVE LENGTH RADIUS BEARING LOT 227 (AO Id, P6 60) A91PHIL7- Cl 126.22' 2,000.00' S2T35'29'E CfAV 2416-15-6224 1 CHORD DELTA TANGENT S64'13'00"W Q�'`lt1 126.20' 3*36'57' 63.13' 260.00' — / 7.28' LAR6E ROCKS ROCKS // / 3 / BUSHES/SHRUBS I 9c 3x3'BR/CK COLUMN I , 0'YP/CfiLJ of t�, I 0, Z CP Z7 ROCK 3 o0 I BUSHES/SHRUBS N I K �S CD 1�/AWNIN ELECTR/C ANO N/F UiR6E ROCKS POWER CGAIPAM'E45BWBVT THE,PEa4 B, ,51WYER I (INST. 12YI22 M6141) L9P6E ROCK5 AMiE POINT (/ACST. 1 �G15l5 39�Of LOT 226 5/1�V5 I /N,P/W (Ae 16,, 16 64) 6?7N 2418-15-AN2 3A51'H4L T I OR/VEWAY PACERS `� I ��5.� d I 1, 1-H15 5%RWY W145 PERFORMED W/7HOUT THE LARGE ROCK5 8.02 BBVEF/T OF A THE REPORT AND 40r Aff BUSHES/5HRU85 I X41N W SHOW ANY/ALL EA NT5 OR 3 m/LBOX RE5TRA'r/ON5 TIt1T Af9Y AFFECT.5110 �2JWATER METERS LAP6E ROCKS PROPERIYA5 SHONV L9P6E POCK 45,-r,6' 2 NORTH ME,?IaW Mffi,9 ON MB 16,, P6 64. I ,3. THIS 5WWr GYIE5 NOT 1t9XE55 THE C1 3 d"Or 6116MA�E OR A0VEXL5TEWY OF WEILW05, I TAKEN FROM EAMRCOAIl 1W& IWAAA95, C6W W'IE.5 OR C17Y 615 4-0105 ANY ONPER6?aAO 5&ZACTURE NOT 3x3'BR/CK COLUMN � I OB.FRWR A10 THE COURSE OF THE (TYP/Cr1LJ I ROCK5 6URWY. BUSHES/SHRUBS I A51' fw T 4. 1-HE PURP05E OF N15 EX11181r/5 TO 9" 3 7HE PHYRav FFi1TURE5 OF LOT 226 PA EUT011CH INTO THE BOBOUNC M41E I R/59r-OF-Wr1Y. 180.01' B.72' 5. 7HI5 EXH/B/T/5 A RE.S'/LT OF F/ELO 7/E5 TO S60'35'51'W o �Fl EXGS/IN5 A0WAffN13; aWINEO WN THE 60WIL47VN OF G1<E05 AND PUT5 5I/OW N/F HERE61V AND XE5 NOT COWMV)F A 6WIT E. ( C ERINE M. \d �p 0 30' BOUNUUPY RJRWr (A6,r 120XXIOI5147) 6. 7HE C/lY OF WRC4NIA BEACH/9 AfOT LOT 225 RESPGN'5/BLE FOR WA'1)TGUIGf'V OF (AO lB, P6 64) GRAPHIC SCALE RE9TRA577 W REallRED BY OTHER 60hV 2416-14-dIY63 1`=30' A,5R`.t'h:T 117[A6 OR AlifWlE5. EXHIBIT A ,jp,1,TH OF SHOWING RIGHT-OF-WAY ENCROACHMENTS OF LANDSCAPING L & HARDSCAPING FOR LOT 226 INTO BOBOLINK DRIVE RIGHT-OF-WAY p r�Gz (MB 18, PG 84) VIRGINIA BEACH, VIRGINIA UJEFFREY J. VIERRETHER a JOB/ 23147 Lic. No. 2306 DATE: 10/18/2023 10/18/2023 M� - ■ � SSA OWN BY:CJS l qNO SURNt�'3 ENGINEERS I SCIENTISTS I SURVEYORS FB:721, PG 60 5032 ROUSE DRIVE,SUITE 200 1 VIRGINIA BEACH,VA 23462 SCALE-.1" = 30' 757.490.9264 1 MSAONLINE.COM ISHEET. 1 OF 1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of D b� , 20 23 by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THERESA_B. SAWYER, TRUSTEE OF THE THERESA B. SAWYER SECOND AMENDED AND RESTATED REVOCABLE TRUST AGREEMENT DATED DECEMBER 7. 2020, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "226" as shown on that certain plat entitled: "SUBDIVISION OF BAY SECTIONS 'NORTH EAST' & 'NORTH WEST' (RESERVED SECTIONS) BIRD NECK POINT, PRINCESS ANNE COUNTY, VIRGINIA," Scale: 1" = 100', dated July 22, 1946, prepared by JNO. M. Baldwin, C.E., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 18, at page 84, and being further designated, known, and described as 1045 Bobolink Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain 193.14' x 8.72' of various landscaping and hardscaping, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: BOBOLINK DRIVE CITY RIGHT-OF- WAY (NO GPIN ASSIGNED) 2418-15-6042 (1045 BOBOLINK DRIVE) WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a City right-of-way known as Bobolink Drive, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A SHOWING RIGHT-OF-WAY ENCROACHMENTS OF LANDSCAPING & HARDSCAPING FOR LOT 226 INTO BOBOLINK DRIVE RIGHT-OF-WAY (MB 18, PG 84) VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', dated October 18, 2023, prepared by MSA, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, THERESA B. SAWYER TRUSTEE OF THE THERESA B. SAWYER SECOND AMENDED AND RESTATED REVOCABLE TRUST DATED DECEMBER 7, 2020, the said Grantee, has caused this Agreement to be executed by its signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 THERESA B. SAWYER, T E OF THE THERESA B. SAWYER SECOND AMENDED AND RESTATED REVOCABLE TRUST AGREEMENT DATED DECEMBER 7, 2020 STATE OF 1 Y1L CITY/COUNTY xi 1)1 to-wit: The foregoing instrument was acknowledged before me this 1 day of ` 203, by Theresa B. Sawyer, Trustee of the Theresa B. Sawyer Second Amended and Restated Revocable Trust Agreement dated December 7, 2020. AL) Notary ublic Notary Registration Number: DENA MARIE HIGH SAWYER NOTARY PUBLIC My Commission Expires: �" I ' ate REGISTRATION#280085 ;OMMONWEALTH OF VIRGINIA COMMISSION EXPIRES 2/28/2027 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BL C WO S / REAL ESTATE LR-ZHIA::::�R�MEY=ER SENIOR CITY ATTORNEY 7 N/F rHvvg M. PGY/Z05 CURVE TABLE (kST. t"-WX f6Pd) CURVE LENGTH RADIUS BEARING LOT 227 (MB 14 P6 Bf) ASPHAL T Cl 126.22' 2.000.00' S27-35.29-E 6°AV 2418-15-6224 1 CHORD DELTA TANGENT S64'13'00"W Q��ltl 126.20' 336'57' 63.13' ...... 260.00' +/- / 7.26' LARGE POCKS POCK5 / BUSHES/SHRUBS I Oc J3 J'BP/CK COLUAAV I �1 MP/CALJ o' I �► c� LARGE POCK �'3 ' N ` ; I � ENT�CEY1140TE5 BUSHES/SHRUBS N � 773 O 10' 19 am ELEG7P/C AND N/F L4R6E POCK5 1 POWEP C6 WPANY EST THEREM B. MOW I (//kST. A��51 3R�J Oft -'"' tA�141J LAP6E POCKS AWE PO/NT LOT 226 516IV5 0�" /N R/W AAe 14 16 B4) 6'/7V 2416-15-6042 3A5PmLT ORA1,WY PAVEPS , AVIE5.- 1. 7H/5 ALIRWY WA5 PEPFOAWP WITHOUT THE UiP6E ROCK5 d 02, BB069T OF A 7171E DEPORT AND Af1Y Aor BUSHES/5HPU85 , PMLN /XI SHOW ANY/ALL 9jj6WA925 OR 3 449/LBOX PE61PCfl0M 7MT Af1YA5gCT M10 (2JWAlER METERS LARGE ROCK5 PROPERTY A5 .5AVWM LAP6E POCK d,%' 2AVRTH AIFPIaW M5EO ON AO 14 P6 N J. TH/5 AZIRWY XxJE5 AbT AOXE-,j5 THE Ct 3 B"'or L071WE OP A0Wr1SMVa-OF WF&WNP5, TAKEN FPOM EW/POM/OV& WAPp$, C6WTbP/E5 OP C/TY G/5 M9P5 ANY 11NWR6PGY/N9 5TPUC w Aor 3x3'BP/C� COLUMN O,6-iFR 19 A101Ei THE 6WA5E OF THE (TYP/CALJ I ROC,r5 5'/RlEY. BUSHES/SHRUBS A5Fmz T 4. THE PURPONE OF TH/S EXH/B/T/5 TO S,F/OW 3 THE P/7* ✓ L FEARIRE5 OF LOT 2?6 7mr EACR WCH/MTO THE BOBOL/MC a?Af AAW--OF-WAY. 180.01' 8.72' 5. 7H/5 LVAB/T/5 A RESULT OF F/ELO 77E5 TO S60'35'51'W F� EXISAAEi Mf04YIMENT3 6MeIN60 WITH 7W V Q�l CG1WZ47VV OF PEEPS AND PL415-9 W7V N/F S? S HER&W AND R7E5 AVT COWTWY A SE &WN9WY 64IRWYE EEM 30opcvW \ OWT. IMAX171075107J 6. THE MY OF Wam BEACH 6 Aor LOT 225 RE5PAWAWE FOR WR/F/G9TION OF 00 1B, P6 60) GRAPHIC SCALE AF517CTV16 REG1%/REO BY OTHER 6 N 2418-14-egO 1'=30' A56"XK6 OW ACiWIE5. DMIBIT A SHOWING RIGHT-OF-WAY ENCROACHMENTS OF LANDSCAPING �Q,I,TH op SHOWING HARDSCAPING FOR LOT 226 INTO BOBOLINK DRIVE RIGHT-OF-WAY (MB 18, PG 84) VIRGINIA BEACH, VIRGINIA v � JOB# 23147 JEFFREY J. VIERRETHER DATE: 10 18 2023 Li 1 18 023 MSA / /10/18/2023 ��� DWN BY:CJS lgNO SUR`1Fy0� ENGINEERS I SCIENTISTS I SURVEYORS FB:721, PG 60 5032 ROUSE DRIVE,SUITE 200 1 VIRGINIA BEACH,VA 23462 -SCALE:1" = 30' 757.490.9264 1 MSAONLINE.COM SHEET: 1 OF 1 " 9•�, y 111 y V r' jo +,tIP i K ,. ff 1 w A i t � 5 �t .. , - •.i ""I g IL I � .r.,fF t•y''. F C4.:�t ,� '`�" .L.tjF f t �4 aK., ^fv F •"� 'yam" t "O 1 _ .._ r. .,�-.. ^yam¢: tip { y`S„ I!q. l - rj0.1J s �, Y•I�IV" Q 'rs.�... r ----------------- F a+s L V t 1+ — 1 . d � r ; S irAl < 1l" R 4 A: ,.i w,`^� � y .• �' Lay .4 t. . , �r L Jp As i # d � i • f� � � a. p Y r� IN WO 41 u • R din` C� I new '� �h., , 9y� � l'� �► 4 'rb • �� � . � HI z • '� rfr µ { all e g,, IK A` a C kt • s f r` I w 4. N � - fx'�•-�:,��„>.3 � � � tg,A.x• } ���'fit{��� y •n��l ; �?� �y�1 p r I A - y t- �t Jr G + t ti at x SA� '�•. �,� ' �,�;�¢� ti:� W r. �•. 4. 9Cy� � ^, �.ice �!- w aww MOM k t 'Yyj 1 N 8 W E S �., N� SITE �gKN R� 0, c.. �O M 1. LOCATION MAP ENCROACHMENT REQUEST PROPERTY OWNER: THERESA B. SAWYER SECOND AMMENDED Legend AND RESTATED REVOCABLE TRUST 2418-15-6042 G PI N: 2418-15-6042 Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq. Support Services Bureau 09/14/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\2418-15-6042\2418-1 5-6042.mxc Disclosure St . 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 I-7 Y 1 re s S� p gi' Does the applicant have a representative? ®Yes ❑ No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes (M No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • if yes,list the businesses that have a parent-subsidiary'or affiliated business ent1ty2 relationship with the applicant. (Attach j a list If necessary) I I i i '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 pertent of the voting power of another corporation," See State and vocal Government Conflict of Interests Act,VA,Code§2.2-3101, i 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,(H)a controlling owner In one entity is also a i controlling owner In the other entity,or(111)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 dose working relationship between the entities." See State and Local Government Conflict of interests Act,Va. Code§2.23101. Revised 11.09.2020 11 P a g e Disclosure State ° � a Known Interest by Pubik 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 ® No • If yes,what is the name of the official or employee and what is the nature of the Interest? Appfkant Sendms Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-colialeralizattpn,etc)or are they considering a"financing In connection with the subject of the application or any business operating or to be operated on the property? Yes M No • if yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes 0 No • if yes,Identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preperatkxr 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/landsope architectf land planner provided In connection with the subject of the application or any business operating or to be operated on the property?0 Yes R No • if yes,identify the firm and Individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes M NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2(P a g e Disclosure Statem t r 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,Identify the company and Individual providing the service. 7. Does the applicant have an eMineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?©Yes CZ No • If yes,Identify the firm and Individual providing the service. �1 8. Is the applicant receiving Legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • if yes,identify the firm and Individual providing the service. +APptfcant Signature i certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. � 1 Applicant Signature - PrI�;.Name and Tltle `�,�� Date Is the appticarrt also the owner of the subject property? ®Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CHY USE ONLY/All disclosurcs niust be updated two(2)weeks pi ior toany Planning Covnrnis�ion and C ly Council nweting that portains to the appli�.aflons Revised 11-09.2020 3 1 P a g e U!� rr H CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Tourism Investment Program Fund Balance and to Award a $170,000 Grant to the Hampton Roads Soccer Council MEETING DATE: December 5, 2023 ■ Background: In 1992, the Virginia Beach Soccer Joint Task Force was created. The work of this task force led to the creation of the Hampton Roads Soccer Council (the "HRSC"). On May 11, 1993, the City Council approved a lease of approximately 75 acres of City property to the HRSC, which is now known as the Hampton Roads Soccer Complex (the "Complex"). The City's lease is subject to the statutory forty-year limit, so the lease will conclude in 2033. The Complex held its first soccer game in 1997. Over the following twenty-six years, the Complex has built a brick office building with bathrooms and concessions stand, added two turf fields with lights, added additional multi-purpose fields, and other improvements to the facility. The HRSC reports that it has invested more than $6 million in maintaining and enhancing the Complex. At the November 14, 2023, Informal Session, the City Council received a briefing from the HRSC providing the history of the organization, the relationship between the HRSC and the North American Sand Soccer Championships, and the HRSC's future plans for the Complex. The HRSC is working toward a $15 million capital plan to reinvest in the Complex. The City's participation in this campaign will be the subject of future direction by the City Council. ■ Considerations: The HRSC has requested $170,000 for site plan and engineering work in preparation for its plans to returf and light several soccer fields. This request is not part of the $15 million capital plan that was discussed at the November 14th Informal Session. ■ Public Information: Normal Council agenda process. ■ Attachments: Ordinance; Disclosure Form Requested by Mayor Dyer and Councilmembers Remick, Ross-Hammond, Schulman, And Taylor REQUESTED BY MAYOR DYER AND COUNCILMEMBERS REMICK, ROSS- HAMMOND, SCHULMAN, AND TAYLOR 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 TOURISM INVESTMENT PROGRAM FUND BALANCE 3 AND TO AWARD A $170,000 GRANT TO THE HAMPTON 4 ROADS SOCCER COUNCIL 5 6 WHEREAS, the Hampton Roads Soccer Council has requested a grant in the 7 amount of$170,000 for site plan and engineering work in preparation for its plans to returf 8 and light several soccer fields at the Hampton Roads Soccer Complex; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1) $170,000 is hereby appropriated from the fund balance of the Tourism 14 Investment Program Fund to Non-Departmental Regional Grants. 15 16 2) A grant of $170,000 is hereby awarded to the Hampton Roads Soccer Council 17 to allow it to begin site plan and engineering work at the Hampton Roads 18 Soccer Complex. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2023. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _x,—' / )/// ____ -_ Budget and Management g g ment Services t orney's Office CA16382 R-1 November 28, 2023 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: Hampton Roads Soccer Council 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 F SERVICE I � PROVIDER (use additional sheets if needed) Accounting and/or preparer of Forvis your tax return Financial Services (include Towne Bank f lending/banking institutions and Atlantic Union Bank �+ current mortgage holders as applicable) Albiston Brannon & Gilbert, Legal Services PLLC VHB, WPL, Keystone Sports j Broker/Contractor/Engineer/Other Construction �1 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. ��t,ku 1, �l��`w� Lauren Bland 1 1/29/23 PPLICANT'S SIGNATURE PRINT NAME DATE �rr � yr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds to the Department of Human Services for the Juvenile Detention Center MEETING DATE: December 5, 2023 ■ Background: The Juvenile Detention Center Community Placement Program (CPP) is a dedicated 20-bed program in partnership with the Commonwealth's Department of Juvenile Justice (DJJ). The CPP provides services for youth and young adults committed to the DJJ, and the CPP provides an opportunity for its residents to transition back into their home communities prior to official release from the DJJ. ■ Considerations: Since the adoption of the City's FY 2023-2024 Operating Budget, the total estimated state revenue has increased by $803,000. This increase is a result of the Commonwealth adjusting the per diem from $280 to $390. If approved, this additional funding will support expenses of the CPP including salaries, overtime, and other general operating expenses. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: �W 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS TO THE DEPARTMENT OF HUMAN 3 SERVICES FOR THE JUVENILE DETENTION 4 CENTER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $803,000 is hereby accepted from the Virginia Department of Juvenile Justice and 10 appropriated, with state revenue increased accordingly, to the FY 2023-24 Operating 11 Budget of the Virginia Beach Human Services Department for the Juvenile Detention 12 Center Community Placement Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2023. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- Budget and anagement Services Citottorney's Office CA16377 R-1 November 15, 2023 Gtila BEA .y- ,-. i5y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $36,008.47 From the Virginia Beach Library Foundation to the Department of Public Libraries for the Bookmobile MEETING DATE: December 5, 2023 ■ Background: In partnership with the Virginia Beach Library Foundation (VBLF), the Department of Public Libraries continues its work toward acquisition of a new bookmobile. The initial funding for the vehicle was secured in FY 2018-19 as a collaboration between the VBLF and the City, but the project was delayed for a variety of reasons. In January 2022, the City awarded the contract to Farber Specialty Vehicles and production is estimated to be completed in February 2024. However, due to the delay, inflation, and supply chain issues, the cost of the project has increased approximately $56,000 from the original funding allocation. To offset this increase, the Department of Public Libraries transferred $20,000 within its operating budget, and the VBLF has provided the remaining $36,008. In total the bookmobile will cost $319,420, and of this amount, $160,457 will have been contributed by the VBLF. ■ Considerations: Traditionally, the Department has used the bookmobile to deliver early literacy education programming to preschools and daycare centers across the City. With the new vehicle, the Department intends to expand its outreach services beyond early literacy education and into the Inclusion and Access priority of the Department's current strategic plan. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager:/7e 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $36,008.47 FROM THE VIRGINIA BEACH LIBRARY 3 FOUNDATION TO THE DEPARTMENT OF PUBLIC 4 LIBRARIES FOR THE BOOKMOBILE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $36,008.47 is hereby accepted from the Virginia Beach Library Foundation and 10 appropriated, with donation revenue increased accordingly, to the FY2023-24 Operating 11 Budget of the Department of Public Libraries for costs associated with the acquisition of 12 a new bookmobile. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Audget and Management Services ;o4rney's Office CA16379 R-1 November 16, 2023 .14 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for Litter Prevention and Recycling MEETING DATE: December 5, 2023 ■ Background: The departments of Public Works and Parks and Recreation have been awarded additional grant funding from the Virginia Department of Environmental Quality for local litter prevention and recycling program implementation, continuation, and/or expansion. The departments estimated revenue from this source in their FY2023- 24 budget estimate, but the grant amount exceeds the budgeted estimate by $63,164. Following the customary split of such funds with 80% going to the Waste Management Fund and 20% going to the Department of Parks and Recreation, the addition grant amount will be provided as follows: - Public Works Waste Management Fund - $51,332 - Department of Parks and Recreation - $11,832 ■ Considerations: This grant does not require a City match. The additional funds will allow the departments to continue and enhance their efforts in litter prevention and recycling activities. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works and Parks and Recreation City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS FOR LITTER PREVENTION AND 3 RECYCLING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $51,332 is hereby accepted from the Virginia Department of Environmental Quality 9 and appropriated, with state revenues increased accordingly, to the Waste 10 Management Enterprise Fund within the FY 2023-24 Operating Budget of the 11 Department of Public Works for recycling initiatives. 12 13 2) $11,832 is hereby accepted from the Virginia Department of Environmental Quality 14 and appropriated, with state revenues increased accordingly, to the FY 2023-24 15 Operating Budget of the Department of Parks and Recreation for litter prevention 16 initiatives. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services Cit ttorney's Office CA16380 R-1 November 17, 2023 ��•` _fJ,I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $1,750,000 from Capital Project #100147, "Atlantic Park Parking," to Capital Project #100606, "Atlantic Park Offsite Infrastructure" MEETING DATE: December 5, 2023 ■ Background: The City approved a development agreement for the Atlantic Park Project (the "Project") in November 2019. In November 2021, the City approved an amendment to the development agreement and approved a capital project for the construction of certain offsite infrastructure. The offsite infrastructure portion of the project will address undergrounding of utilities and other work necessarily outside the footprint of the Project. Because much of the offsite infrastructure is underground, this portion of the project is most vulnerable to unforeseen site conditions and costs associated with environmental matters that are uncovered in the construction process. Due to such costs, there is a need to transfer funds from the Atlantic Park Parking Capital Project (#100147) to the Atlantic Park Offsite Infrastructure Capital Project (#100606). Based on current estimates, $1,750,000 is needed to replenish construction contingencies and meet anticipated requirements to complete the offsite infrastructure work. ■ Considerations: The proposed transfer will move $1,750,000 of currently appropriated funds from the Atlantic Park Parking Capital Project. The cost of parking spaces is capped at $30,000 per space, so these funds would otherwise be available for a future phase of the Project or as directed by the City Council. ■ Public Information: Normal Council agenda process. ■ Recommendation: Approve the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager:/&> 1 AN ORDINANCE TO TRANSFER $1,750,000 FROM 2 CAPITAL PROJECT #100147, "ATLANTIC PARK 3 PARKING," TO CAPITAL PROJECT #100606, "ATLANTIC 4 PARK OFFSITE INFRASTRUCTURE" 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $1,750,000 is hereby transferred within the FY2023-24 Capital Improvement 10 Program from Capital Project #100147, "Atlantic Park Parking," to Capital Project 11 #100606, "Atlantic Park Offsite Infrastructure." 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: B dget and Management Services orney's Office CA16381 R-1 November 17, 2023 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100606 [Title:Atlantic Park Offsite Infrastructure tatus:Approved Category:Economic&Tourism Development Department:Economic Development Project Type Project Location Project Type:Rehabilitation/Replacement istrict:6 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 33,153,251 26,934,965 6,218,286 Description This project will allow the timely design and construction of certain offsite infrastructure connected to the Atlantic Park Project. These improvements include Pacific Avenue and 19th Street traffic signal and pedestrian crossing,Pacific Avenue and 20th Street traffic signal,18th Street Streetscape improvements from Artic to Pacific,18th Street Undergrounding Duct Bank,Arctic Avenue Streetscape improvements,Arctic Avenue Undergrounding Duct Bank,19th Street and Baltic Avenue traffic signal relocation,20th Street Streetscape improvements and related stormwater,20th Street Undergrounding Duct Bank,and stormwater improvements abutting the Project. It is anticipated this work will require coordination with the contractor undertaking the Atlantic Park Development,and to avoid construction conflicts and consistent with any required procurement approvals the work is intended to be completed by cost participation agreement with the Developer of the Atlantic Park Project. Purpose The work is consistent with the undergrounding of utilities and Streetscape improvements undertaken in adjacent areas of the Resort. Moreover,the decision to do this work now will avoid undertaking the work at a future date,which could duplicate costs.The current plan to provide these improvements would be for the City Council to authorize appropriation of funds to the Atlantic Park Community Development Authority("CDA"),and the CDA would commit to repayment to the City from revenues that exceed debt service for such times as the CDA has bonds outstanding and thereafter from the revenues of the CDA prior to retirement of the CDA. History and Current Status The project was established at the November 16,2021 City Council meeting.The initial funding for this project was General Fund Fund Balance in the amount of$17,729,147.Future repayments for these funds should be made to the General Fund.In FY 2022-23,$4 million of PFRBs were programmed for this project,with the associated debt service to be repaid by the Tourism Investment Program Fund.In FY 2022-23,$3,705,818 was transferred to this project from 100145"Atlantic Park Development Acquisition."In FY 2023-24,$1.5 million in appropriations to date were transferred to this project to project 100606"Atlantic ParkStreetscapes." Operating Budget Impact Comments FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project ;"; , Project Activities From-To Amount ,,.•�""' Design 11/21-06/23 2,127,498 Construction 01/23-06/25 28,882,259 Contingencies 11/21-06/25 2,143,494 Total Budgetary Cost Estimate: 33,153,251 Means Financing ,a •300606 of Funding Subclass Amount Local Funding 33,153,251 k z Total Funding: 33,153,251 sia,a V the Sea CMb-1 S<fro+� FY 2023-24 to FY 2028-29 385 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100147 itle:Atlantic Park Parking tatus:Approved Category:Economic&Tourism Development Department:Economic Development Project Type Project Location Project Type:New Facility Construction/Expansion District:6 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 49,500,000 49,500,000 Description an. Scope This project provides funding for public parking spaces at the former Dome site.This project will fund the purchase of approximately 1,400 parking spaces in multiple garages within the mixed use development.The parking will support retail,a surf park,the entertainment venue,restaurants,office,and residential units. PUrpose and Need This project will help develop the Resort's Central Beach Entertainment District,a key implementation strategy of the Resort Area Strategic Action Plan 2030,helping to create a year-round,first class,urban resort destination.This project is essential to ensure the successful construction of the Atlantic Park project. History and Current Status This project first appeared in the FY 2019-20 CIP.Funding programmed in CIP 100147 Dome Site Parking was reallocated to this project to address the needs of the Dome Site parking.This project is funded using Public Facility Bonds and the associated debt service will be paid out of the Tourism Investment Program Fund.The Dome Site development agreement was approved on November 19,2019.The parking garages for Atlantic Park are currently in design in accordance with the development agreement.In FY 2020-21,$3.71VI was transferred from this project to CIP 100145 Atlantic Park Development Acquisition.Prior to FY 2022-23 this project was named"Dome Site Parking." Operating Budget Impact Comments Operating budget impacts to be determined. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Map Schedule of Project Activities From-To Amount ,,.•�""'` Design 07/19-01/23 5,805,000 • Construction 01/23-06/25 41,590,000 Contingencies 07/19-06/25 2,105,000 Total Budgetary Cost Estimate: 49,500,000 of Financing 0 100147 Means Funding Subclass Amount �••+ Local Funding 49,500,000 Total Funding: 49,500,000 µV0 ..vN••••'N" L ,off•, 5 Cou4e Ek School ,..�•+ "f°okv I a Sd I FY 2023-24 to FY 2028-29 386 Capital Improvement Program L. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 ######################### The Agenda(including all backup documents) is available at https:Hclerk.virginiabeach. ov/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(avb o� v.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx.Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/rb7902acce3999cO72251 a525eb01 af35 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on December 5,2023. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE:11/14/2023 PAGE: 1 R H C L H V R A H T W W U E A E M R U A I O C D N C M M O L Y L O C Y L A 1 O U M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION VO I F I R Y T K D E N 1Z N N 1. CITY COUNCIL'S BRIEFINGS A. HAMPTON ROADS SOCCER COMPLEX& Lauren Bland, NORTH AMERICAN SAND SOCCER Executive Director- CHAMPIONSHIPS Hampton Roads Soccer (Requested by Mayor Dyer, Vice-Mayor Complex Wilson,and Councilmembers Berlucchi,Ross- Jon Schmeider, Hammond,and Schulman) Founder&CEO— B. TOURISM ECONOMIC FINDINGS Huddle Up Group Adam Sacks,President —Tourism Economics C. VBCPS REVERSION FUNDING Crystal Pate,Chief Financial Officer— VBCPS I VIRGINIA BEACH SPORTS CENTER UPDATE Nancy Helman, Director—Convention K Visitors Bureau II-VI CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y A-F SESSION G. MINUTES APPROVED 10-0 1• INFORMAL AND FORMAL SESSIONS October 17,2023 2• SPECIAL FORMAL SESSION October 24,2023 11, MAYOR'S PRESENTATION 1• RESOLUTION HAMPTON ROADS SOCCER COUNCIL Lauren Bland,Executive Director—Hampton Roads Soccer Complex I. PUBLIC HEARINGS 1. VACATION OF EASEMENT 7 SPEAKERS 20'public access easement at 2454 Starfish Road 2. LICENSE TO USE CITY PROPERTY NO SPEAKERS Starbucks Corporation at 31 Ocean,241 Laskin Road 3. LEASE OF CITY PROPERTY NO SPEAKERS Approximately 9.7+/-acres of land located at 1401 Southern Boulevard 4. APPROPRIATION OF REVENUE 2 SPEAKERS $20,095,296 from the Sale of Property to Dominion Energy Virginia for various Transportation Projects and Tree Mitigation 5. FY2022-23 VIRGINIA BEACH CITY NO SPEAKERS PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM(CIP) Appropriation of Reversion Funding and Additional Revenue from the Commonwealth of Virginia(Requested by the School Board) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE: I1/14/2023 PAGE: 2 R H C L H V R A H T W W U E A E M R U A 1 O C D N C M M O L Y L O C Y L A 1 O U M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION %01 1_ 1 R Y I K D E N R N N J. PUBLIC COMMENT 1. Ordinance to APPROPRIATE fund balance 2 SPEAKERS of the Tourism Investment Program(TIP)fund and to AUTHORIZE the City Manager to EXECUTE the settlement, transition, and termination agreement for the Virginia Beach Sport Center L.1. Resolution to ADOPT the City's 2024 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Legislative Agenda (Requested by the City CONSENT Council) *Council Member Henley voted Nay for the Ten-Single Member Election System L.2. Resolution to REQUEST the General ADOPTED,BY 9-1 Y Y N Y l Y Y Y Y Y Assembly Amend the City Charter Sections CONSENT 3.01, 3.01:1, 3.02:1, 3.02:2, and 3.02:3 re implement ten(10)single-member District Election System (Requested by Mayor Dyer, Vice-Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman,Taylor,and Wooten) L.3. Resolution to REQUEST the General ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Assembly Amend the City Charter Section 8.07 CONSENT re expand the Membership of the Board of Equalization (Requested by the Board of Equalization) 1-4. Resolution to ESTABLISH a 90-day Festival DEFERRED TO 9-0 Y Y Y Y n Y Y l Y Y Task Force (Requested by Vice-Mayor DECEMBER 5,2023 Wilson, and Council Members Berlucchi, Remick,Ross-Hammond,and Schulman) L.5. Ordinance to AUTHORIZE acquisition of ADOPTED,BY 10-0 l Y 1` Y Y Y Y Y Y Y property in fee simple,either by agreement or CONSENT condemnation re the Lakes—South London Bridge Creek Channels and Gate Project, CIP 100521 L.6. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y easements, either by agreement or CONSENT condemnation re the Kemps Lake Water Quality Improvement Project,CIP 100567 L.7. Ordinance to AUTHORIZE the Dedication of OPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y an 8,798 square feet (0.202 acre) Utility CONSENT B Easement to Dominion Energy Virginia over T City-Owned property at Upton Drive/Nimmo A Parkway re provide electrical service to the I facility owned and operated by Hospice N House E D 1.8. Resolution to APPROVE the issuance of ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Residential Care Facility Revenue Bonds by the CONSENT Virginia Beach Development Authority (VBDA), not to exceed $525-Million, re Westminster-Canterbury on Chesapeake Bay CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE:11/14/2023 PAGE: 3 R H C L H V R A H T W W U E A E M R U A I O C D N C M M O L Y L O C Y L A I O U M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y I K D E N R N N L.9. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y to EXECUTE an Agreement to join the Eastern CONSENT Virginia Regional Industrial Facility Authority (EVRIFA) re promote the City's economic growth and development L.10. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y' Y Y Y Y Y 1' encroachments into a portion of a 15-foot CONSENT unimproved City-Owned property right-of-way known as Ocean Shore Avenue re construct and maintain a gravel driveway, and a concrete City-standard driveway apron and to encroach into a portion of City-Owned public right-of-way known as First Landing Lane, located at the front of 2592 Ocean Shore Avenue-District 8 L.11. Ordinance to ESTABLISH Capital Project ADOPTED 7-2 Y Y Y A N Y l Y #100667, "Rudee Loop Park Development," and TRANSFER$4-Million from the Tourism Investment Program(TIP)Fund to as Pay-As- You-Go funding re procurement of design services L.12. Ordinance to DONATE out-of-service police ADOPTED,BY 10-0 1' Y 1' Y Y Y Y Y Y Y equipment to the police departments of Libby, CONSENT Montana;South Miami,Florida;Wrightsville Beach, North Carolina; New Bern, North Carolina and Madison,Alabama 1_13. Ordinance to TRANSFER$1.1-Million from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y the Consolidated Grant Fund to Capital Project CONSENT #100589,"Central Utility Plant Enhancements- ARPA" re allow the city to proceed to construction on the project L.14. Ordinance to TRANSFER$185,425 from the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y General Fund Reserves for Contingencies to the CONSENT FY 2023-24 Voter Registration and Elections Operating Budget re fund the January 9,2024, special election L.15. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y $25,144,014 in Federal Revenue to the FY CONSENT 2023-24 Capital Improvement Program amongst Four(4)Eastern Shore Drive Drainage Improvement Capital Projects and TRANSFER $6,195,518 between four (4) Eastern Shore Drive Drainage Projects L.16. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $362,408 from the State Compensation Board CONSENT to the FY 2023-24 Commonwealth's Attorney Operating Budget re salary increase for eligible positions L.17. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $350,0000 from the Virginia Department of CONSENT Behavioral Health and Development Services to the FY 2023-24 Department of Human Services Operating Budget and AUTHORIZE two(2) full-time positions re Project for Assistance in Transitioning from Homeless (PATH) Program CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE: 11/14/2023 PAGE: 4 R H C L H R A H T W W U E A E M R U A 1 O C 1) N C M M O L Y L O C Y L A 1 O U M L S f AGENDA H E F, N C N S A O O E ITEM# SUBJECT MOTION \01 I. I R Y i K D E N R N_J N L.18. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y 1' Y Y Y Y Y Y 1' $257,500 from the 9-1-1 Services Board of the CONSENT Virginia Department of Emergency Management to the FY 2023-24 Department of Emergency Communications and Citizen Services Operating Budget re staff recognition and retention efforts L.19. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y ti' Y Y Y Y Y Y Y an additional $162,547 from the Virginia CONSENT Military Community Infrastructure Grant Program and Fund to the FY 2023-24 Police Department Operating Budget and TRANSFER as Pay-As-You-Go funding for Capital Improvement Program Project#100536, "Creeds Training Center Renovations" L.20. Ordinance to APPROPRIATE $150,000 in ADOPTED,BY 10-0 Y Y Y Y Y Y Fund Balance from the Police Federal and State CONSENT Seized Assets Special Revenue Fund to the FY 2023-24 Police Operating Budget re police recruitment %I I_ WHITNEY W. ELLIOT, MATTHEW E. APPROVED,BY 10-n }' Y Y Y Y Y 1" MANCOLL & ROBIN A. MANCOLL / CONSENT WHITNEY W. ELLIOT, MATTHEW E. MANCOLL,ROBIN A.MANCOLL,THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22,1992,for a Street Closure re of one-half of an unimproved,unnamed alley adjacent to the rear of 218 55te Street,Unit B DISTRICT 6 M.2. WHITNEY W. ELLIOT, MATTHEW E. APPROVED,BY 10-0 Y Y Y Y MANCOLL & ROBIN A. MANCOLL / CONSENT WHITNEY W. ELLIOT, MATTHEW E. MANCOLL,ROBIN A.MANCOLL,THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22,1992,for a Street Closure re of one-half of an unimproved,unnamed alley adjacent to the rear of 219 54' Street DISTRICT 6 M.3. EVERGREEN VIRGINIA, LLC for a APPROVED/ 10-0 1' Y Y 1' Y Y 1" Y Y Y Modification of Conditions re motor vehicles MODIFIED/ sales,rentals,and repairs at 240&248 North CONDITIONED,BY Lynnhaven Road and 2865 &2893 Virginia CONSENT Beach Boulevard DISTRICT 3 MA. BURNETTE BAUM DEVELOPMENT APPROVED/AS 10-0 Y Y 1' Y 1' Y Y Y Y Y CORPORATION / RVB 3, LLC for a PROFFERED/ Modifications of Proffer and a Conditional Use CONDITIONED,BY Permit re car wash facility and at 5453 CONSENT Wesleyan Drive DISTRICT 4 M.5. EXCEL FITNESS VA 9, LLC DBA APPROVED/ 10-0 1" 1' Y ti' l Y Y Y Y l" PLANET FITNESS/GENERAL BOOTH CONDITIONED,BY PROPERTIES OF VA BEACH, INC for a CONSENT Conditional Use Permit re indoor recreational facility at 2336 Elson Green Avenue DISTRICT 5 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE: 11/14/2023 PAGE: 5 R H C L H V R A H T W W U E A E M R U A I O C D N C M M O L Y L O C Y L A I O U M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y T K D E N R N N M.6. ASHLEY GULLER for a Conditional Use APPROVED/ 8-1 Y Y Y Y A Y Y N Y Y Permit re short term rental at 921 Pacific CONDITIONED Avenue,Unit B DISTRICT 5 M.7. THE FOUNTAIN,LLC for a Conditional Use APPROVED/ 8-1 Y Y Y Y A Y Y N Y Y Permit re short term rental at 307 34'Street CONDITIONED DISTRICT 6 M.8. TRACI R. McGLYNN & MICHAEL L. APPROVED/ 8-1 Y Y Y Y A Y Y N Y Y McGLYNN for a Conditional Use Permit re CONDITIONED short term rent at 523 22"d Street DISTRICT 6 N. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH CDC VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT 7:41 PM OPEN DIALOGUE 8:01 PM 7 SPEAKERS CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE: 11/21/2023 PAGE: I R H C L H V R A H T W W U E A E M R U A I O C D N C M M O L Y L O C Y L A I O U M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y T K D E N R LJ N I. CITY COUNCIL and SCHOOL BOARD JOINT SESSION A. FIVE YEAR FORECAST Kevin Chatellier,Director of Budget&Management Service Crystal Pate,Chief Financial Officer-VBCPS H. CITY MANAGER'S BRIEFING A. PPEA INTERIM AGREEMENT UPDATE Melisa Ingram,Executive Director—VBCPS Facilities III-VI CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y A-F SESSION G. MAYOR'S PRESENTATION 1. NATIVE AMERICAN HERITAGE MONTH PROCLAMATION Chief Emeritus Lee Lockamy—Nansemond Indian Nation I.I. Ordinance to AUTHORIZE the vacation of a ADOPTED,AS 9-1 Y Y Y Y Y Y Y N Y Y twenty foot(20')public access easement AMENDED along the eastern boundary of 2454 Starfish Road subject to the dedication of an improved public access easement approximately one- hundred forty feet(140')eastward of 2454 Starfish Road,at the request of Westminster- Canterbury on the Chesapeake Bay 1.2. Ordinance to AUTHORIZE the City ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE a License Agreement CONSENT with Starbucks Corporation for the use of fifty(50)square feet of City-owned property re outdoor seating area at 31 Ocean,241 Laskin Road 1.3. Ordinance to AUTHORIZE the City ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y Y Manager to EXECUTE a Lease for City- CONSENT B owned land for up to five(5)years at 1401 S Southern Boulevard re Earth in Motion LLC T A I N 1.4. Ordinance to ACCEPT and ADOPTED,BY 8-1 Y Y N Y Y Y Y Y A Y APPROPRIATE$18,953,059 to the CONSENT B FY2023-24 Capital Improvement Program S (CIP)and$1,142,237 to the FY2023-24 Parks T and Recreation Operating Budget from the A sale of easements re an Electronic I Transmission Corridor for the Coastal N Offshore Wind Project to Dominion Energy Virginia 1.5. Ordinance to APPROPRIATE$26,140,809 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y from the FY2022-23 School Reversion CONSENT Funds to the Virginia Beach Public Schools FY2023-24 Operating Budget and Capital Improvement Program(CIP)(Requested by the School Board) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE: 1 l/21/2023 PAGE: 2 R H C L H V R A H T W W U E A E M R U A I O C D N C M M O L Y L O C Y L A 1 O U M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y T K D E N R N N 1.6. Ordinance to APPROPRIATE$23,445,223 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y from the Commonwealth of Virginia to the CONSENT Virginia Beach Public Schools FY2023-24 Operating Budget re additional 2% compensation increase for all full-time equivalent employees and an"ALL In" approach focusing on high intensity tutoring,the Virginia Literacy Act,and chronic absenteeism(Requested by the School Board) 1.7. Ordinance to APPROPRIATE Fund Balance ADOPTED,BY 9-1 Y Y Y Y Y Y Y Y Y N of the Tourism Investment Program(TIP) CONSENT fund and to AUTHORIZE the City Manager to EXECUTE the settlement,transition,and termination agreement for the Virginia Beach Sports Center 1.8. Ordinance to ADD City Code Section 38-9 re ADOPTED 6-4 N N Y Y Y Y Y N N Y prohibit weapons at the Housing Resource Center 1.9. Ordinance to AMEND City Code Section 2 1- ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y 502 re penalty for violation of weight limits CONSENT for certain vehicles 1.10. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned CONSENT property known as Lake Bradford,also known as 2213 Pleasure House Road re maintain an existing shed and porch,and to construct and maintain a wood dock,a wood pier,an EZ dock and kayak launch, and timber piles and a 20'and a 5'City- owned public drainage easement,located at the rear of 14 Bradford Point—District 9 1.11. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y encroachments into City-owned property CONSENT known as Croatan Beach reconstruct and maintain a beach access walkway and observation deck at the rear of 500 South Atlantic Avenue—District 5 I.12. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y APPROPRIATE$1,122,737.36 and an CONSENT additional$22,227.37 from the Federal Emergency Management Agency(FEMA)to the FY2023-24 Fire Department Operating Budget for expenses related to the mobilization of Virginia Task Force 2(VA- TF2)re Tropical Cyclone Idalia in Florida 1.13. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y APPROPRIATE$158,477 from the Federal CONSENT Emergency Management Agency(FEMA)to the FY2023-24 Fire Department Operating Budget re costs associated with equipment needed for the Virginia Task Force 2 Team (VA-TF2) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE:11/21/2023 PAGE: 3 R H C L H V R A H T W W U E A E M R U A I O C D N C M M O L Y L O C Y L A 1 O U M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION VO Il_ 1 R Y 1 K D E N R a—L—NJI 1.14. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y Y l' Y Y Y Y Y Y APPROPRIATE$119,519.48 and an CONSENT additional$3,390.39 from the Federal Emergency Management Agency(FEMA)to the FY2023-24 Fire Department Operating Budget for expenses related to the mobilization of Virginia Task Force 2(VA- TF2)re Tropical Cyclone Lee in New Hampshire 1.15. Ordinance to ACCEPT and ADOPTED,BY I0_0 Y Y Y Y Y Y Y Y Y Y APPROPRIATE$9,686 from the CONSENT Commonwealth of Virginia to the FY2023-24 Voter Registration and Elections Operating Budget re fund salary adjustments approved by the General Assembly I.16. Ordinance to TRANSFER$573,734 from the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Tourism Investment Program(TIP)fund to CONSENT the FY2023-24 Emergency Medical Services Operating Budget re contract for beach lifeguard services I I. WYCLIFFE PRESBYTERIAN CHURCH REFERRED BACK TO 9-1 Y Y Y Y Y Y Y N Y Y for a Modification of Conditions to a PLANNING Conditional Use Permit re religious use at 1445 COMISSION North Great Neck Road,2307 Millwood Road and parcel between 2307 and 2309 Millwood Road DISTRICT 8(Deferred from October 17, 2023 K. APPOINTMENTS RESCHEDULED B Y C c N S E N S U S BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE: 11/21/2023 PAGE: 4 R H C L H V R A H T W W U E A E M R U A I O C D N C M M O L Y L O C Y L A 1 O U M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y T K D E N R N N VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 8:36 PM