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HomeMy WebLinkAbout7-2-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER At Large G�NtA•BF qC VICE MAYOR ROSEMARY WILSON—District s SQ L MICHAEL F.BERLUCCHI—District 3 p4 BARBARA M.HENLEY—District 1 n 2 DAVID HUTCHESON—District I U ROBERT W. "WORTH"REMICK—District 6 ' DR.AMELIA N.ROSS HAMMOND—District 4 '•off _ �+ JENNIFER ROUSE—District 10 '• — t JOASHUA F. "JOASH"SCHULMAN—District 9 ••°p °°. ..*°"" CHRISTAYLOR—District 8 SABRINA D.WOOTEN—District 7 CITY HALL BUILDING I CITY COUNCIL APPOINTEES 2401 COUR THO USE DRIVE CITY MANAGER—PA TRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITYASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CITYAUDITOR—LYNDONS.REMUS July 2,2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING 1. CITY MANAGER'S BRIEFINGS -Conference Room- 2:00 PM A. FUNDING SOURCES FOR PARKS AFTER DARK AT LEVEL GREEN Kevin Chatellier,Director—Budget&Management Services B. GREEN LINE UPDATE 2:30 PM Kathy Warren, Director—Planning C. MARKET SALARY SURVEY SCOPE 3:15 PM Monica Kopin, Director of Talent Acquisition and Workforce Development— Human Resources II. CITY COUNCIL LIAISON REPORTS 3:45 PM 111. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM 1V. CITY COUNCIL AGENDA REVIEW 4:15 PM V. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION 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 June 18,2024 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION-CLEFT AND CRANIOFACIAL AWARENESS MONTH Mr. Jackson Doane Ms. Hailey Dore Mrs. Kathleen Magee,B.S.N.,M.Ed., M.S.W., Founder—Operation Smile Dr. William(Bill)Magee Jr., D.D.S., M.D., Founder—Operation Smile Ms. Karen Via,B.S.N., M.S.N., R.N., Care Coordinator—CHKD Cleft and Craniofacial Center 2. PRESENTATION—250t'Anniversary of Princess Anne County Resolves Patrick Hannum—Virginia Beach VA250 Committee Alpheus Chewning—Virginia Beach VA250 Committee I. PUBLIC HEARING 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Back Bay Marsh Restoration Project,CIP 100551 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT the Navy's assignment of new aircraft to the East Coast Master Jet Base at Naval Air Station Oceana(Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Remick,Ross-Hammond and Schulman) 2. Ordinance to DIRECT the City Manager to proceed with a plan for distribution of Arts and Culture dedicated funds and to AUTHORIZE two full time positions(Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi,Hutcheson, Remick, Ross-Hammond, Schulman, and Wooten) 3. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation(ARP) easement from Michael A. and Tabitha L. Roman(57.70+/- acres),the issuance by the City of its contract obligations in the maximum principal amount of$905,890 and TRANSFER funds to purchase U.S. Treasury Strips 4. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation(ARP) easement from Venable Real Estate Limited Partnership (66.79+/-acres),the issuance by the City of its contract obligations in the maximum principal amount of$514,283 and TRANSFER funds to purchase U.S. Treasury Strips 5. Ordinance to DECLARE the properties at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place to be in excess of the City's needs and to AUTHORIZE the City Manager to sell the properties to the adjoining property owners 6. Ordinance to AMEND Section 110 of Appendix F of the Chesapeake Bay Preservation Area Ordinance re notices of publication 7. Resolution to APPROVE modifications to a Term Sheet re redevelopment of Pembroke Mall; AUTHORIZE execution of definitive project documents and Support Agreement; and REQUEST approval by the City's Development Authority of Modified Term Sheet 8. Ordinance to APPROPRIATE $16,152,511 from the Commonwealth to the FY2024-25 Virginia Beach City Public Schools Operating Budget and TRANSFER$105,000 from the School Operating Fund to the Green Run Collegiate Charter School Fund L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/ITA ADVISORY COMMITTEE VB CANNABIS ADVISORY TASK FORCE VB COMMUNITY DEVELOPMENT CORPORATION 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 bgs:Hclerk.viriziniabeach.gov/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 TCheliusna,vb 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: b=s://vbaov.webex.com/weblink/register/r79c4O8O521831 c256a955cf569258415 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 2, 2024. I. CITY MANAGER'S BRIEFINGS - Conference Room- 2:00 PM A. FUNDING SOURCES FOR PARKS AFTER DARK AT LEVEL GREEN Kevin Chatellier, Director—Budget& Management Services B. GREEN LINE UPDATE 2:30 PM Kathy Warren, Director—Planning C. MARKET SALARY SURVEY SCOPE 3:15 PM Monica Kopin, Director of Talent Acquisition and Workforce Development— Human Resources II. CITY COUNCIL LIAISON REPORTS 3:45 PM III. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 4:00 PM IV. CITY COUNCIL AGENDA REVIEW 4:15 PM V. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION 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 June 18, 2024 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION- CLEFT AND CRANIOFACIAL AWARENESS MONTH Mr. Jackson Doane Ms. Hailey Dore Mrs. Kathleen Magee, B.S.N., M.Ed., M.S.W., Founder—Operation Smile Dr. William(Bill)Magee Jr., D.D.S., M.D., Founder—Operation Smile Ms. Karen Via, B.S.N., M.S.N., R.N., Care Coordinator—CHKD Cleft and Craniofacial Center 2. PRESENTATION—250'h Anniversary of Princess Anne County Resolves Patrick Hannum—Virginia Beach VA250 Committee Alpheus Chewning—Virginia Beach VA250 Committee cy Or s �F OUR N 0� Vrodamation Whe►eas: Orofaciafcrefts are the most frequently occurring birth defects in the vnitedStates, affecting approximately I in 700 infants peryear, and 'Whereas: People born with lefts andothercraniofacialconditions usuaQy require surgery as wedas specialfeeding support,dentalandorthodontic care,psychiatric care,andspeech therapy as theygrow;and 'Whereas: ?his complexity of services needs to be provided in a synchronized manner over a period of years,and are best provided 6y interdisciplinary cleft and craniofacial teams and "TWIT-as. Operation Smile, the worlds leading non-profit organization in 6ndging the gap in access to essential surgeries andhealth care with cleft surgery andcomprehensive care worldwide,has theirg"alheadquarters in Virginia Beach,Virginia;and 'Whereas: It is fitting and proper to recognize the efforts of Operation Smile,Children sF glospital of the 7gng's(Daughters Clefi andCraniofacialCenter,and localfami&es and advocates working to ensure a betterCfe for those affected 6y cleft lip/palate orot her craniofaciatconditions;and ` fwreas. A Cleft and CraniofacialAwareness Month wiflencourage andsupport localmedical institutions, research efforts,andadvocacy groups to coffaborate on research aimedat ident6ing the root causes of orofacialconditions and identify and innovate early intervention strategies to better assist citizens born with orofacialclefts andother craniofacial conditions. Now,ghertfv►e I,Wpbert 9K. "Bo 66y"(Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim: ,7uCy 2024 as CLE I'A" CTAjVOFAC G.AWAgyWESS 9IONW In Visgirtia Beath, I call upon aQ'citizens to become more informed concerning clefts and other craniofacial conditions and support non-(Profit organizations that provide services and care to kids and adults who are born with these types of conditions. In Witttm U*ereof,I have hereunto set my handandcausedthe Officu:lSealof the City of Virginia Beach, Virginia, to be affixed this Second)ay of Jtdy,Two 7housandandTwenty-'Four. P,96ert M. "Bob6y"Tyer Mayor I. PUBLIC HEARING 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Back Bay Marsh Restoration Project, CIP 100551 Nu•�c am M —of PUBLIC HEARING ACQUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, July 2,2024 at 6-00 p.m. in the City Hall Building (Building #1) at the Municipal Center, Virginia Beach, Virginia,on the proposed acquisition, by agreement or condemnation, of property necessary for the Back Bay Marsh Restoration Project, CIP 100551(the"Project").The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary,for the Project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303;Hearing Impaired,call 1-800- 828-1120(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate, Building#23, 2473 N.Landing Road,at the Virginia Beach Municipal Center,(757)385- 4161. All interested parties are invited to participate. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 2, 2024. 2. Download WebEx and view the meeting at: https://vbgov.webex.com/webli nk/register/r7 d080 1931 256a955cf569258415 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT: 6/23/24 f>� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple and easements for the Marsh Restoration in Back Bay Project, CIP 100551, either by agreement or condemnation PUBLIC HEARING DATE: July 2, 2024 MEETING DATE: July 9, 2024 ■ Background: This Ordinance is in furtherance of the Marsh Restoration In Back Bay Project, CIP 100551 (the "Project"), which is one of the City's first green infrastructure projects and will restore marsh island communities that have eroded away within Bonney Cove of Back Bay. The Project aims to create 41 marsh terraces in a footprint of approximately 47 acres of Back Bay. The Project is managed by the City's Stormwater Engineering Division, and the goals of the marsh terraces include reducing wave energy and water velocities in Back Bay to prevent wind-driven tidal flooding. The marsh terraces are expected to reduce wave heights within the Project site by approximately 45%. This reduction is consistent with other field studies, which have found that average wave heights within two terraced sites were 37% to 48% lower than those observed at the compared site. During sustained wind events that have caused widespread flooding in the Back Bay region, modeling shows that water levels to the north of the Project will be reduced by up to 0.2 feet. Approximately 5 miles of marsh island shoreline around Bonney Cove will benefit directly from the erosion reduction from the reduced wave action. The marsh terraces will reduce flow velocity within the Project area. This reduction in velocity will have the added benefit of reducing bottom shear stress, decreasing turbidity, increasing light penetration into the water column and promoting the growth of submerged aquatic vegetation and habitat and improving water quality. Model simulations showed that the Project would delay the timing of when peak flood elevation is reached during a southerly wind event. Along Muddy Creek Road, for example, the model simulations showed that the Project would delay the peak flooding by approximately 30 hours. There are multiple benefits from this delay. Flood impacts could be avoided altogether for shorter duration storms, or if strong southerly winds change direction during this period, which is common. The delay would also allow the City and residents more time to prepare for a flood event and reduce impacts. ■ Considerations: The Project will require property and easements from two privately owned parcels and one parcel of unknown ownership. No people or businesses will be displaced by the Project. Authority is requested to acquire the necessary property and easements by agreement or condemnation. The Project will create approximately 33 acres of emergent marsh habitat and approximately 310 acres of suitable submerged aquatic vegetation habitat in between the terraces. ■ Public Information: Numerous public meetings over a multi-year period supported development of the City's Comprehensive Plan that included stormwater green infrastructure methods for Virginia Beach. The Project was presented to the public at City Council Meetings and included in the City's Fiscal Year 2020-2021 CIP as a product of the Sea Level Wise Adaptation Strategy Report. A public notice for willingness to hold a Location and Design Public Hearing was also published October 14, 2021 and July 13, 2023. A public hearing will be held on July 2, 2024, and public notice of the item will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which will delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance, Location Map and Project Summary Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:/1�4 �v 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 AND EASEMENTS FOR THE MARSH 4 RESTORATION IN BACK BAY PROJECT, CIP 5 100551, EITHER BY AGREEMENT OR 6 CONDEMNATION 7 s 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important stormwater green infrastructure 11 project known as the Marsh Restoration in Back Bay Project (the "Project") to protect 12 against flooding and improve the ecology within the City and for other related public 13 purposes for the preservation of the safety, health, peace, good order, comfort, 14 convenience, and for the welfare of the people in the City of Virginia Beach; 15 16 WHEREAS, the Project aims to create 41 marsh terraces in a footprint of 17 approximately 47 acres of Back Bay, managed by the City's Stormwater Engineering 18 Division, and the goals of the marsh terraces include reducing wave energy and water 19 velocities in Back Bay to prevent wind-driven tidal flooding. The marsh terraces are 20 expected to reduce wave heights within the project site by approximately 45%. This 21 reduction is consistent with other field studies,which have found that average wave heights 22 within two terraced sites were 37%to 48% lower than those observed at the reference site; 23 and 24 25 WHEREAS, during sustained wind events that have caused widespread flooding in 26 the Back Bay region, modeling shows that water levels to the north of the Project will be 27 reduced by up to 0.2 feet. Approximately 5 miles of marsh island shoreline around Bonney 28 Cove will benefit directly from the erosion reduction from the reduced wave action. The 29 marsh terraces will reduce flow velocity within the Project area. This reduction in velocity 30 will have the added benefit of reducing bottom shear stress, decreasing turbidity, increasing 31 light penetration into the water column and promoting the growth of submerged aquatic 32 vegetation and habitat and improving water quality. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 Section 1. That the City Council authorizes the acquisition by purchase or 38 condemnation pursuant to Sections 15.2-1901, et seq., and Title 25.1 of the Code of 39 Virginia of 1950, as amended, of all that certain real property in fee simple and easements 40 (the "Property"), as shown on the plans for the Project entitled "Marsh Restoration in Back 41 Bay" and more specifically described on the acquisition plats for the Project (plats and 42 plans collectively referred to as the "Plans"), the Plans being on file in the Stormwater 43 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 44 45 Section 2. That the City Manager is hereby authorized to make or cause to be made 46 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 47 offer to the owners or persons having an interest in said Property. If refused, the City 48 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 49 condemn said Property. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 52 , 2024. CA 15812 PREPARED: 6/13/24 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d020\p042\00838882.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY o b . P BL C WORK—LREA�L ESTATE ClItY ATTORNE 4L.. r �\ i;. - •K. 14 I[a, d � . � � • Y.T.. .. ♦ '; � Sys,.. � , Y by q i r, LEND: E x Property-Lines .+y Proles[Staging and Access Area OTE: VOCATION OF FEATURES ARE APPROXIMATE. PEE PROJECT PLANS FOR MORE DETAIL. 19. Dewberry LOCATION MAP �. Back Bay Marsh Restoration Project OF ,n 625 U n, (CIP 100551) L�> theRippleEffect VIcRGINIA BEACH TY()F BE cH'A theRippleEffect PROJECT INFORMATION FLYER What are Marsh Terraces? Marsh terracing is a coastal restoration tool used to reestablish marshes in 1 2 3 shallow,open water areas.They function ,e�. r,f hand Marsh grasses on terrace slopes provide Ducks reed on the submerged usta<eans find food and I nesting cover for waterfowl while aquauc vegetation that often ery habitat and attract the woody vegetation atop terraces offers grows along terrace edges. by reducing wave energy and water '4er fish that reed on them resting perches for migratory birds. velocities.In turn,the calmer water allows more sunlight to penetrate to the shallow bottom, promoting growth of marsh and seagrass.This ultimately increases habitat --Mad quality for fish and wildlife. Project Location and Purpose The project is located within Bonney Cove,an approximately 560-acre open-water area within Back Bay that historically contained 40 to 50 percent marsh coverage.The project will establish 41 marsh terraces spanning approximately 25,000 linear feet(46.6 acres) across Bonney Cove. It is anticipated that construction of the terraces will create 13 acres of emergent marshlands, 14 acres of upland habitat,and 16 acres of submerged terrace habitat. Approximately 310 acres of unconsolidated subaqueous bottom will remain in between the terraces suitable for reestablishment of submerged aquatic vegetation habitat. Chesapeake Bay Atlantic C o Ocean ♦ ,,.,!'. a r,� t Great Virginia NarrowsI AN - `Y Back - t t . al* Bay .A _ � ,� r 1 �If �. ♦ .> Key Historical Shoreline Proposed Project Area Eroded Acres d j Within Project Site CTV OF a, BEACNIa ��,)theRippleEffect Project Need Project Steps Low-Lying and Frequent Flooding O Stakeholder Workshop:The City held a workshop The proposed site is located in the Southern Rivers with Back Bay stakeholders and regulatory Watershed which has the largest amount of low-lying agencies to gather input on permitting,design, land in Virginia Beach.These low-lying elevations are and constructability considerations. susceptible to repetitive coastal flooding during periods of © Initial Permitting:Before initiating surveys and sustained southerly winds which push water up from the monitoring research within the project site,the Albemarle-Pamlico Sound into Currituck Sound and then City secured permits from the U.S.Fish and Wildlife into Back Bay. Service,Virginia Marine Resources Commission, and U.S.Army Corps of Engineers. Referred to locally as"wind tide flooding"such events can Field Data Collection:The City collected a range result in widespread flooding.Although wind-tide flood © of field data to support engineering design events used to be infrequent, residents are experiencing including taking water quality,water level,and more intense flooding in recent years.Analysis has found flow measurements,a survey to determine depths that the worsening conditions are attributed to almost a and elevations of existing marshes,soil samples, foot of relative sea level increase in the last 50 years and and a vegetation survey to establish the types of degradation of marsh and aquatic vegetation habitat. invasive and native marsh present at the site. Ecological Decline Preliminary Design and Alternatives Analysis:Historical analysis has revealed that over the past century, O Different design options for the marsh terraceswere evaluated to determine the optimal width, about 70%of aquatic vegetation has been lost and 2,000 configuration and spacing of the terraces.The City acres of vegetated marsh in Back Bay have transformed used a numerical model to evaluate benefits of the into open water.The remaining fragmented marsh preferred design configuration. lacks habitat connectivity and isolates fish and wildlife © Environmental Assessments:Through populations.The City's future condition modeling predicts coordination and consultation with the U.S. accelerated fragmentation of marsh island habitat.The Fish and Wildlife Service and the Virginia loss of these habitats would result in more frequent and Marine Resources Commission,it has been intense wind tide flood events. determined that the project lacks federal nexus and is not subject to review via the National This project is the first step in a more comprehensive Environmental Policy Act(NEPA).Nonetheless, vision of restoration in Back Bay,and the larger Albemarle- the City summarized its findings on possible environmental impacts of the project in an Pamlico estuary,to reduce flood pathways and restore Environmental Review and Basis of Design Report. valuable habitat. Stakeholder Engagement:The City held public Widening Flood Pathways Due to Sea Level Rise 0 information meetings at two critical junctures To&y%CmdUlons , ; • •-let,I11 ,A.,,,,,,.s m,r, in the engineering design process.The project ofSWUdft. team delivered a short presentation followed by �' an open-format discussion where participants �_. reviewed the design plans,artistic renderings,and submitted comments. OFinal Engineering Design:Design plans,artistic renderings,technical specifications,construction schedule,and staging plan will be developed. Permitting:A Joint Permit Application is • `v U is l i s 1� required for the project by the Norfolk District + L J + U.S.Army Corps of Engineers for work in waters y 0of the United States(including wetlands),as } well as corresponding permits from the Virginia Marine Resources Commission and the Virginia Department of Environmental Quality. Visit the project website by scanning the QR code here to learn more. Source:Marsh habitat modeling results from the City's 2018 report:Analysis of so , Marsh Response to Sea Level Rise.Thicker arrows on right show widening flood pathways. Contact: Public Works Stormwater Engineering Center, 757.385.3934 I&ISeaLevelwise A vibrant future for Virginia 1kach BACK BAY MARSH TERRACES Public Information Meeting The City of Virginia Beach has partnered with the U.S. Fish and Wildlife Service to design, permit, and build marsh terraces in Back Bay National Wildlife Refuge.The project will restore valuable habitat, improve water quality, and help reduce wind-driven flooding. Come learn about the project and ask your questions during the Q&A period. i ` _ - OCTOBER Creeds Elementary 14 School 920 Princess Anne Road 6:00 p.m. to 7:30 p.m. Virginia Beach, VA 23457 What will you learn? What are marsh terraces and what benefits will they provide? How will this affect boating and other activities in the Bay? How is the project being funded? What will the project look like? What has the City accomplished so far? What are the next steps? 7 2 3 4 5 4 2VI NOIX ROAD SURE 52 VIRGIGINIA BEACH,VA 23/52 (757)355,MI4 E acne I,�nMRI LEGEND: �•��' EXISTING ASPHALT d EXISTING CONCRETE DRIVEWAY } PROPOSED GEOTEXTILE O' Z C- PROPOSED GE06910 PROPOSED ASPHALT 1- 0 PROPOSED STONEFILL Z DO _ PROPOSED TIMBER MATTING Lou:® Z 5 VVQ �tIM4L iDF WORK Q Z Z W RYP.) � ��� LIMRS OF DISTURBANCE F�� m LIMRS OF DIS-TURBANCE A•1 �•� LIMITS OF WORK RYP.1 r\ / I KO N Z —— -- ---------�•---------7,- - -- , U o LL a CHAIN-LINK FENCE. 111 , / / / / , /' / \ / I ~TI FEE•SEE SHEET Cl1 0 / / %j / j SEE SHEET C12.2 FOR STRVCTURALPRE-ENGINEERED � PERMANENT 601 SPAN DETAILS LA 11OWN YANG TO OF h CAPPED WITH 1Y of VDOT , - j / I J/ TEMPORARY SUPPORT SLURRY PIPE #210 STORE _ / �l / f 1/ / �/ I I I CROSSING L20'APPROX SPAN/ ` NEW 12'HOPE FUSED / / / /1 !l %../ // /. <l� // ll / � WE DED SLURRY PIPE PI s A Lee / e iu223,e.6 E C I l //l�/ �,/ 7_.l' ll l // ,e T�ubo.66 I � .oe.,l e2 rrs 100%DESIGN I �J l / l /(l E.u221soS963a3 NOT FIX2 CONSTRUCTION E r 2121,,,3ue1 IT , 'SEE SiRUL'PNit a777 SHEET C120�az/ ,2 E - // -FOR DETAILS SHEET PILES?YPI ` R1 30 WIDE[ANTIIEVER SLIDE Y/l _ / /> / GA7[S,SEFi fiE L11.0 FOR_ /.� / �[J,/ ,I / ..CONCRETE BARR/Ell .../// A // ;j R AS SHOWN �II1L,I DD/F�TAll I. ,-/. // // l RYP.OF 151 / /// `3 Zq,+� /�G Of ATES.ISEE DE SHEIET CII OLFOR l�l l/J r /' l '/ I LA4WN YARD TO BE I' " OFTAIII�JR STONEN IY OF VOOT' / °r •seei:s E e;2221111.x� I E 1 r✓. f6'6T Mr.M' -'-- - -- ---- •.Hlb61,eJ �� CFaCIIMN MlE E-222IT19.a �� (Iy1.BF E n.m.rm®b Y.,� NWMF O.fAMINN (PK 6X6) 9r 0.1WN NEW A'SOLID WHITE s� eO s. THERMOPLASTIC EDGELINE ^` ^ - O- UYP.I yam 9a n.a axn.�•c on 'F SEE SHEET CH O FOR CONSTRUCTION PROPOSED TIMBER MATTING AS REQUIRED ROAD TRANSITION DETAIL BY THE CONTRACTOR TO THE LIMITS SHO IT ACCESS TO THE BACK BAY I- SHIPPS CABIN RD. NAVIGABLE WATER FOR THE PURPOSES OF i NOTES: MATERIAL DELIVERY i0 TERRACE SUE. LAYDOWN YARD SITE PLAN A 1, SHOULD THE CONTRACTOR ELECT TO INSTALL TEMPORARY SLURRY BASINS AS DESIGNED VERSUS PRE-ENGINEERED SKID MOUNTED SLURRY BASINS,AREA OF THE TEMPORARY SLURRY BASINS SHALL BE REMOVED COMPLETELY AND THE SIDE SLOPE GRADED TO A 3:1 SLOPE AND ADDRESSED TO THE DETAIL FOR PROPOSED CRATE MATTING AS REQUIRED A VEGETATIVE STREAMBANX STABILIZATION, THE CONTRACTOR TO THE LIMITS SHONN. ACCESS TO THE BACK BAY NAVIGABLE 2. 5LURRY PIPE ALIGNMENT AND STARTING PIPE FROM SLURRY BASINS IS DESIGN INTENT ONLY.CONTRACTOR WATER FOR THE PURPOSES OF MATERIAL SHALL ARRANGE ALIGNMENT AND PUMPING STATION AS NEEDED TO SUPPORT THE CONTRACTOR MEANS AND DELIVERY TO TERRACE SITE. METHODS. C9.0 3 of 65 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT the Navy's assignment of new aircraft to the East Coast Master Jet Base at Naval Air Station Oceana(Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond and Schulman) 2. Ordinance to DIRECT the City Manager to proceed with a plan for distribution of Arts and Culture dedicated funds and to AUTHORIZE two full time positions(Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Hutcheson, Remick, Ross-Hammond, Schulman, and Wooten) 3. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation(ARP) easement from Michael A. and Tabitha L.Roman (57.70+/- acres),the issuance by the City of its contract obligations in the maximum principal amount of$905,890 and TRANSFER funds to purchase U.S. Treasury Strips 4. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation(ARP) easement from Venable Real Estate Limited Partnership (66.79+/- acres), the issuance by the City of its contract obligations in the maximum principal amount of$514,283 and TRANSFER funds to purchase U.S. Treasury Strips 5. Ordinance to DECLARE the properties at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place to be in excess of the City's needs and to AUTHORIZE the City Manager to sell the properties to the adjoining property owners 6. Ordinance to AMEND Section 110 of Appendix F of the Chesapeake Bay Preservation Area Ordinance re notices of publication 7. Resolution to APPROVE modifications to a Term Sheet re redevelopment of Pembroke Mall; AUTHORIZE execution of definitive project documents and Support Agreement; and REQUEST approval by the City's Development Authority of Modified Term Sheet 8. Ordinance to APPROPRIATE $16,152,511 from the Commonwealth to the FY2024-25 Virginia Beach City Public Schools Operating Budget and TRANSFER$105,000 from the School Operating Fund to the Green Run Collegiate Charter School Fund rf�V'efk'� 7 �` ��1ySlr�Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Supporting the Navy's Assignment of New Aircraft to the East Coast Master Jet Base at Naval Air Station Oceana MEETING DATE: July 2, 2024 Background: The City of Virginia Beach serves as the location of Naval Air Station Oceana ("NAS Oceana"), which is the United States Navy's East Coast Master Jet Base. The Navy's presence and the more than 13,000 naval personnel stationed at NAS Oceana, their spouses and children, as well as Navy retirees who formerly served at NAS Oceana, are a source of pride for the City and a part of the fabric of the City of Virginia Beach. For nearly two decades the City Council has undertaken significant long-term measures to enhance the viability of NAS Oceana as an active military installation in the City of Virginia Beach, including incorporating the Navy's compatibility standards into the City's zoning ordinance, reviewing with Navy personnel any proposed new developments in the Air Installation Compatible Use Zone footprint, and spending over $130 million in state and city funds to acquire non-conforming homes and businesses from willing sellers around the base ("AICUZ Program"). The City understands and appreciates that NAS Oceana is a vital centerpiece to naval air warfare and a key component of the nation's defense and that the Department of Defense continually evaluates military installations to ensure efficient, modern operations, with a view toward streamlining its resources and enhancing national defense mission requirements and military readiness. This Resolution is to communicate the City Council's pledged ongoing support for NAS Oceana through its AICUZ Program and to invite the Department of Defense to count on Virginia Beach's support as it considers the assignment of any present and future generations of defense aircraft needed to keep NAS Oceana fully equipped for its important mission. Considerations: Retaining NAS Oceana as the East Coast Master Jet Base as the City's largest employer and the cause for the hundreds of specialized local and regional contracting companies supporting the base's operations, is vital to preserving the economic vitality of the City of Virginia Beach, the region, and the Commonwealth of Virginia. • Public Information: Normal City Council agenda process. • Attachments: Resolution Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmembers Berlucchi, Remick, Ross-Hammond and Schulman 1 REQUESTED BY: MAYOR DYER, VICE MAYOR WILSON AND COUNCILMEMBERS 2 BERLUCCHI, REMICK, ROSS-HAMMOND AND SCHULMAN 3 4 RESOLUTION SUPPORTING THE NAVY'S 5 ASSIGNMENT OF NEW AIRCRAFT TO THE EAST 6 COAST MASTER JET BASE AT NAVAL AIR STATION 7 OCEANA 8 9 WHEREAS, the City of Virginia Beach proudly serves as the location of Naval Air to Station Oceana (NAS Oceana), which is the United States Navy's East Coast Master Jet 11 Base; 12 13 WHEREAS, the Navy's presence and the more than 13,000 naval personnel 14 stationed at NAS Oceana, their spouses and children, as well as Navy retirees who 15 formerly served at NAS Oceana, are a source of pride for the City and a part of the fabric 16 of the City of Virginia Beach; 17 18 WHEREAS, retaining NAS Oceana as the East Coast Master Jet Base as the 19 City's largest employer and the cause for the hundreds of specialized local and regional 20 contracting companies supporting the base's operations, is vital to preserving the 21 economic vitality of the City of Virginia Beach, the region, and the Commonwealth of 22 Virginia, and; 23 24 WHEREAS, the City of Virginia Beach provides the quality of life essential to 25 supporting the military community, including quality housing, ample spousal employment 26 opportunities, safe neighborhoods, an excellent school system, and award-winning 27 community recreational facilities; and 28 29 WHEREAS, the City of Virginia Beach has been recognized for its high quality of 30 life and support for the military community, having been repeatedly named a top 31 community for veterans to live and work, having been previously named the Active Base 32 Community of the Year by the Association of Defense Communities, and consistently 33 being named as one of the best cities in the nation to raise a family; and 34 35 WHEREAS, the City Council of the City of Virginia Beach understands and 36 appreciates that NAS Oceana is a vital centerpiece to naval air warfare and a key 37 component of our nation's defense; 38 39 WHEREAS, the City Council understands that the Department of Defense 40 continually evaluates military installations to ensure efficient, modern operations, with a 41 view toward streamlining its resources and enhancing national defense mission 42 requirements and military readiness; and 43 44 WHEREAS, for nearly two decades the City Council has undertaken significant 45 long-term measures to enhance the viability of NAS Oceana as an active military 46 installation in the City of Virginia Beach, including incorporating the Navy's compatibility 47 standards into the City's zoning ordinance, reviewing with Navy personnel any proposed 48 new developments in the Air Installation Compatible Use Zone footprint, and spending 49 over $130 million in state and city funds to acquire non-conforming homes and 50 businesses from willing sellers around the base (AICUZ Program); and 51 52 WHEREAS, the City's Mayor and City staff regularly meet with the NAS Oceana 53 Commanding Officer and staff to communicate, coordinate and understand each other's 54 operational activities and to address any concerns; 55 56 WHEREAS, in addition to its pledged ongoing support through its AICUZ Program, 57 the City wishes to invite the Department of Defense to count on Virginia Beach's support 58 as it considers the assignment of any present and future generations of defense aircraft 59 needed to keep NAS Oceana fully equipped for its important mission; 60 61 WHEREAS, the City of Virginia Beach takes great pride in and fully supports the 62 continued operation of NAS Oceana as the East Coast Master Jet Base; and 63 64 WHEREAS, the City Council believes it would be in the best interest of the citizens 65 of Virginia Beach, the region and the state to continue to show its unwavering support for 66 retaining Naval Air Station Oceana as the East Coast Master Jet Base, including 67 welcoming additional next generation and future aircraft to the City of Virginia Beach. 68 69 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 70 VIRGINIA BEACH, VIRGINIA: 71 72 That the City Council hereby affirms its continuing strong support for Naval Air 73 Station Oceana and welcomes the addition of next and future generation fleet aircraft or 74 other modernization to ensure NAS Oceana remains the East Coast Master Jet Base and 75 stays ready to handle all aviation mission requirements. 76 77 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 78 of , 2024. APPROVED AS TO LEGAL SUFFICIENCY: 4�2� City Attorney CA16479 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d012\p048\00959202.docx R-1 June 21, 2024 ro` C _ � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Direct the City Manager to Proceed with a Plan for Distribution of Arts and Culture Dedicated Funds and to Authorize Two Fulltime Positions MEETING DATE: July 2, 2024 ■ Background: At the February 2024 retreat, the City Council requested an analysis of tax dedications to provide information on capacity within dedications for redirection for a variety of purposes. Following the retreat, on March 19, 2024, the City Council adopted a resolution directing the City Manager to create options for establishing a dedicated funding source for arts and culture. These options were provided to the City Council via a staff report on April 5. On May 14, 2024, with the adoption of the FY 2024- 25 Operating Budget, the City Council passed an ordinance to dedicate a portion of the amusement tax to funding for the arts and culture. This ordinance required the City Manager and the Department of Cultural Affairs to develop a plan for the use of the dedicated funds. This plan was presented to the City Council at its Informal Session on June 18, 2024. ■ Considerations: During the City Council's workshop session on June 18, 2024, the City Council was provided the following plan for distribution of arts and culture funds from the dedicated reserves for Council's feedback and approval. • Create new grant pilot to support local artists and to bring the arts into communities: $200,000 • Expand public art, placemaking and programming efforts: $350,000 • Increase support to cultural non-profit organizations: $896,839 • Add two FTEs to Cultural Affairs Department to implement new programs: $166,685 ■ Public Information: Normal Council agenda process, and presentation given by the Director of Cultural Affairs during the City Council workshop on June 18, 2024. ■ Attachments: Ordinance Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmember Berlucchi, Hutcheson, Remick, Ross-Hammond, Schulman, and Wooten REQUESTED BY MAYOR DYER, VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, HUTCHESON, REMICK, ROSS-HAMMOND, SCHULMAN,AND WOOTEN 1 AN ORDINANCE TO DIRECT THE CITY MANAGER TO 2 PROCEED WITH A PLAN FOR DISTRIBUTION OF ARTS 3 AND CULTURE DEDICATED FUNDS AND TO AUTHORIZE 4 TWO FULLTIME POSITIONS 5 6 WHEREAS, the City Council has dedicated funds for arts and culture in the amount 7 of 20% of the City's admissions tax, and 8 9 WHEREAS, the City Council directed the City Manager to propose a plan for the use 10 of the funds dedicated to arts and culture; and 11 12 WHEREAS, the City Manager presented a plan to the City Council at its Informal 13 Session on June 18, 2024; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 1) That the City Council hereby adopts the plan for distribution of funding for arts and 19 culture, which includes the following initiatives: 20 a) Creating a new grant pilot to support local artists and to bring the arts into 21 communities ($200,000); 22 b) Expanding public art, placemaking and programming efforts ($350,000); 23 c) Increasing support to cultural non-profit organizations ($896,839); and 24 d) Adding two FTEs to Cultural Affairs Department to implement new programs 25 ($166,685). 26 27 2) As a result of the above action, 2.0 FTEs are hereby authorized within the FY2024- 28 25 Operating Budget of the Department of Cultural Affairs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. APPROVED AS TO LEGAL SUFFICIENCY: ZCityA_tf6_)rne_yt's0�fffificP� CA16660 R-1 June 21, 2024 vvHu ac'r�' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Michael A. and Tabitha L. Roman (57.70+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $905,890, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: June 18, 2024 MEETING DATE: July 2, 2024 ■ 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 one (1) parcel of land having approximately 57.70 acres outside of marshland and swampland, is owned by Michael A. and Tabitha L. Roman. The parcel is located at 3645 Muddy Creek Road (GPIN: 2422-01-4591) and is shown on the attached Location Map. Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites, of which zero (0) building sites are being reserved for future development. The proposed purchase price, as stated in the ordinance, is $905,890. This price is the equivalent of approximately $15,700 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.839% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.839% 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 20, 2024 (RES-04253). 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 (June 2, 2024 and June 9, 2024). The Public Hearing will be held on June 18, 2024. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Agriculture Department 4 City Manager: /04-n 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM MICHAEL A. AND TABITHA L. 4 ROMAN (57.70+/- ACRES), 2) THE ISSUANCE BY THE 5 CITY OF ITS CONTRACT OBLIGATIONS IN THE 6 MAXIMUM PRINCIPAL AMOUNT OF $905,890, 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 $905,890; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.839% per annum or 37 the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.839% 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 $276,206 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 , 2024. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: _ �---r 17-11 /—J z Z V� P Agricultur Department �6&get and nagemen Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OFF ND . T70 dal t Director of Finance City Attorney's Office CA16235 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d010\p050\00965501.doc R-1 June 4, 2024 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2023-169 SUMMARY OF TERMS SELLER: Michael A. and Tabitha L. Roman PROPERTY: 3645 Muddy Creek Road/ GPIN: 2422-01-4591 PURCHASE PRICE: $905,890 EASEMENT AREA: 57.70 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family building sites (0 reserved by Seller for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.839% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement ("IPA")). Rate may not exceed 6.839% without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of the IPA. LOCATION MAP r f S S i(1gHt J7(> J Y Q' 3645 Muddy Creek Road GPIN: 2422-01-4591 57.70+/- Acres Disclosure Statement planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the apt)lication as t: 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 propertv in the ON of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name M i ehae I aid Tabi-I ha Roma Does the applicant have a representative? ❑Yes X No r yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes rhl0 If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary; If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attar a list if necessary; "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shams 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(M)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 1 Disclosure Statement 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 co^;ngent on the subject public action?❑Yes �No yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disciosuri 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? ,0Yes ❑ No • If yes,identify the financial institutions providing the service. L e 2. Does the aWN nt have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes o 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 c- 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. Am d 7 s 4. Does the applicant have services from an architect/landscape architect/land planner prov ed in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 9No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes JFfNO • If yes,identify the purchaser and purchaser's service providers Revised 11.09.2020 2 Disclosure Statement r#,.,► •, . Planning& Community ' Development & Does the applicant have a construction contrac or in connection with the subject of the application or any business ooeraune to be operated on the propertv? ID Yes j�j No • If yes,identify the company and individual orovidinv,the serwcc 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 5 f NO • If 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 services N0 • If yes,identify the firm and individual providing the service. Applicant Sienatur^ 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 hereln 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. P Applicant Signature _ 1"A►ch9l RMftA I ab)'Aha Roman Print Name and Title 30 a A aq 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/ that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited Partnership (66.79+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $514,283, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: June 18, 2024 MEETING DATE: July 2, 2024 ■ 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 four (4) 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 two (2) parcels of land having approximately 66.79 acres outside of marshland and swampland, is owned by Venable Real Estate Limited Partnership. The two parcels are adjacent parcels located at 3141 Land of Promise Road (GPIN: 1480-72-4833) and in the 4700 Block of Blackwater Road (GPIN: 1480-71-4857) 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 zero (0) building sites are being reserved for future development. The proposed purchase price, as stated in the ordinance, is $514,283. This price is the equivalent of approximately $7,700 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.202% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.202% 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 20, 2024 (RES-04253). 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 (June 2, 2024 and June 9, 2024). The Public Hearing will be held on June 18, 2024. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager:/#O 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM VENABLE REAL ESTATE LIMITED 4 PARTNERSHIP (66.79+/- ACRES), 2) THE ISSUANCE 5 BY THE CITY OF ITS CONTRACT OBLIGATIONS IN 6 THE MAXIMUM PRINCIPAL AMOUNT OF$514,283, AND 7 3) 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 $514,283; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.202% per annum or 37 the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.202% 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 $156,872.80 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 , 2024. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Budget and ]Management Services CERTIFIED AS TO VAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FU DS- Director of Finance City Attorney's Office CA16487 \\vbgov.com\dfs 1\a pplications\citylaw\cycom 32\wpdocs\d010\p050\00965501.doc R-1 June 4, 2024 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2023-170 SUMMARY OF TERMS SELLER: Venable Real Estate Limited Partnership PROPERTY: 3141 Land of Promise Road/GPIN: 1480-72-4833 4700 Block of Blackwater Road(no address assigned)/GPIN: 1480-71-4857 PURCHASE PRICE: $514,283 EASEMENT AREA: 66.79 acres,more or less DEVELOPMENT POTENTIAL: 10 single-family building sites (0 reserved by Seller for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 4.202% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 6.202%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. LOCATION MAP (66.79+/- Acres Total) LAN 3141 Land of Promise Road GPIN: 1480-72-4833 D T F A O s 4700 Block of Blackwater Road n (no address assigned) f GPIN: 1480-71-4857 F F r UVA 9 W".", Virginia Beach APPLICANT'S NAME VenaW6- Peal E�4f , �, f' DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE -_-_ __ __-- _____..____ '________ _____ FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: ❑ NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: X BI Virginia Beach Check here if the APPLICANT _IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:___V�.y_�► h��A__ ��Li__ w If an LLC, list all member's names: pAwl If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes r and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is deferent from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PRO PERTY_OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_ V1��,�1 ___ F-1 _ m�= L- to If an LLC, list the member's G�h1 L_q ...ic-�, ,L names: Page 2 of 7 W1 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 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, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 ,A)B APPLICANT Virginia Beach YES FNO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ ® Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ ® the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ © purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ ® Engineers / Surveyors/Agents Financing (include current ❑ Q mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of an public body or committee in connection with this Application. � ) 'Y- AP CAN SIGNATURE PRINT NAME DATE Page 5 of 7 W--, OWNER Virginia Beach FYES FNO SERVICE PROVIDER (use additional sheets if needed) El ® Accounting and/or preparer of your tax return ❑ © Architect/ Landscape Architect / Land Planner Contract Purchaser (if other than❑ ® the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed a purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ © Construction Contractors Engineers /Surveyors/Agents Financing (include current mortgage holders and lenders El E selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / ❑ a Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ © an interest in the subject land or any proposed development co( ntingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6of7 W- - Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two ,weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A-plicatioIn. PROPERTIrfAEK S GNATUR PRINT NAME DATE Page 7 of 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place to be in excess of the City's needs and authorizing the City Manager to sell the properties to adjoining property owners PUBLIC HEARING DATE: June 18, 2024 MEETING DATE: July 2, 2024 ■ Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 1452 Bartow Place (GPIN: 2417-15-1311) on January 28, 2010 for $195,000, 1456 Bartow Place (GPIN: 2417-15-0311) on November 14, 2008 for $210,000, and 207 Webster Place (GPIN: 2417-15-2322) on October 9, 2009 for $200,000 (collectively, the "Properties"). At the time of acquisition, the Properties were each improved with single-family residential dwellings that have been demolished. Jacqueline E. Godfrey owns and resides at 1457 Hiteshew Place. Ms. Godfrey proposes to purchase the adjacent (to the rear) City-owned parcels at 1452 and 1456 Bartow Place, containing a total of 20,735 sq. ft. for$20,735 ($1/sq. ft.). Eugene C. Hunt owns and resides at 1453 Hiteshew Place. Mr. Hunt proposes to purchase the adjacent City-owned parcel at 207 Webster Place containing 11,002 sq. ft. for$11,002 ($1/sq. ft.). The City will be responsible for resubdividing the Properties to incorporate them into the respective purchaser's lot and eliminate interior lot lines. ■ Considerations: The Properties will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Properties and determined that they should be sold to the adjoining property owners. These sales would enhance the neighborhood and reduce density. Three dwelling units will be permanently removed. The adjacent owners' offer of $1/square foot is in conformance with previous sales of excess City property in the APZ-1 area that were not building sites. If the City retains the Properties, the City must pay to maintain the lot at an estimated annual cost of$1,890 ($630/lot). r Public Information: A public hearing as required by Section 15.2-1800 Code of Virginia will be held on June 18, 2024, and public notice of the hearing will be advertised in The Virginian-Pilot and provided via the normal City Council agenda process. ■ Alternatives: Deny the request or add conditions as desired by Council. ■ Recommendations: Approval. ■ Revenue restrictions: The City funded the acquisition of the Properties through a grant partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of$31,737 will be received, and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project 100282, Oceana & ITA Conformity & Acquisition If, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth of Virginia's portion in accordance with the grant agreement. ■ Attachments: Ordinance, Exhibit A, Summary of Terms, Location Map and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE DECLARING THE 2 PROPERTIES LOCATED AT 1452 BARTOW 3 PLACE, 1456 BARTOW PLACE, AND 207 4 WEBSTER PLACE TO BE IN EXCESS OF 5 THE CITY'S NEEDS AND AUTHORIZING 6 THE CITY MANAGER TO SELL THE 7 PROPERTIES TO ADJOINING PROPERTY 8 OWNERS 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 11 certain parcels of land located at 1452 Bartow Place (GPIN: 2417-15-1311), 1456 12 Bartow Place (GPIN: 2417-15-0311), and 207 Webster Place (GPIN: 2417-15-2322) 13 (collectively, the "Properties") more particularly described on Exhibit "A" attached 14 hereto and made a part hereof; 15 16 WHEREAS, the City acquired the Properties pursuant to the APZ-1 17 Acquisition Program on January 28, 2010 for $195,000, November 14, 2008 for 18 $210,000, and October 9, 2009 for$200,000, respectively; 19 20 WHEREAS, the City funded the acquisition of the Properties through a 21 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 22 contributing fifty percent (50%)of the funds; 23 24 WHEREAS, the Properties are in the midst of other residences and at the 25 time of acquisition were improved with single-family homes that have since been 26 demolished; 27 28 WHEREAS, adjoining property owners have requested to purchase the 29 Properties in order to utilize them in a manner compatible with the APZ-1 Ordinance; 30 31 WHEREAS, adjoining property owners, Jacqueline E. Godfrey and Eugene 32 C. Hunt, desire to purchase the Properties in accordance with the Summary of Terms 33 attached hereto as Exhibit "B" and made a part hereof; 34 35 WHEREAS, the APZ-1 Disposition Committee has recommended that City 36 Council declare the Properties to be in excess of the City's needs and sell the 37 Properties to the adjoining property owners; and 38 39 WHEREAS, the City Council is of the opinion that the Properties are in 4 o excess of the needs of the City of Virginia Beach. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 45 That the Properties are hereby declared to be in excess of the needs of 46 the City of Virginia Beach and that the City Manager is hereby authorized to execute 47 any documents necessary to convey the Properties to the adjoining property owners in 48 accordance with the Summary of Terms attached hereto as Exhibit"B" and such other 49 terms, conditions or modifications as may be acceptable to the City Manager and in a 5 o form deemed satisfactory by the City Attorney. 51 52 Further, that revenue from the sale of the Properties in the amount of 53 $31,737 shall be received and fifty (50) percent of this amount shall be deposited for 54 appropriation in future Capital Improvement Program capital budgets in Capital 55 Improvement Project 100282 (formerly CIP 9-059 and 9-060), Oceana & ITA Conformity 56 & Acquisition II Project, and fifty (50) percent shall be deposited for future payment by 57 the City Manager to refund the Commonwealth's portion in accordance with the grant 58 agreement. 59 60 This Ordinance shall be effective from the date of its adoption. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 63 day of , 2024. CA16077 R-1 08/04/2023 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d011\p044\00905304.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT P 1-b1P Worms ks Flea Estate B dget�Management Services APPROVED AS TO LEGAL SUFFICIENCY City om y's O 1 EXHIBIT "A" LEGAL DESCRIPTION 1452 & 1456 BARTOW PLACE (GPINS: 2417-15-1311 and 2417-15-0311) ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, being known, numbered and designated as Lots Twenty-eight (28) and Twenty-nine (29)as shown on the plat entitled, 'BARTOW HEIGHTS," which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 54, at page 45, to which reference is made for a more particular description. RESERVING UNTO THE CITY, all underlying fee in and to the streets, alleys, and other rights-of-way abutting said City Property, and all easements of any description and rights of ingress and egress benefiting the City and/or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from William A. Potter, Jr. and Richard A. Potter, dated January 21, 2010, and recorded in the aforesaid Clerk's Office as Instrument No. 20100128000089040. IT FURTHER BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Douglas O. Gilbert, dated October 23, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20081114001315010. 207 WEBSTER PLACE (GPIN: 2417-15-2322) ALL THAT certain lot, piece or parcel of land,with the buildings and improvement thereon, situate in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot Twenty-seven (27) as shown on the plat entitled, "BARTOW HEIGHTS, SUBDIVISION OF PARCELS 41 & 42, PLAT OF OCEANA GARDENS, VIRGINIA BEACH, VIRGINIA," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 54, at page 45, to which reference is made for a more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said City Property, and all easements of any description and rights of ingress and egress benefiting the City and/or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from George R. Kusner, III and Sherry L. Kusner, husband and wife, dated September 29, 2009 as Instrument Number 20091009001189680. EXHIBIT "B" SUMMARY OF TERMS SELLER: City of Virginia Beach BUYER: Jacqueline E. Godfrey PROPERTIES: 1452 Bartow Place (GPIN: 2417-15-1311) and 1456 Bartow Place (GPIN: 2417-15-0311) consisting of a total of approximately 20,735 square feet (0.48 acres), more particularly described on Exhibit A SALE PRICE: $20,735.00 BUYER: Eugene C. Hunt PROPERTY: 207 Webster Place (GPIN: 2417-15-2322) consisting of approximately 11,002 square feet (0.25 acres), more particularly described on Exhibit A SALE PRICE: $11,002.00 CONDITIONS OF SALE: • Properties are purchased "As is, Where is," and will be conveyed by Special Warranty Deed. • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Properties for accessory structures, or Buyers may otherwise utilize the Properties for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • In the event of development or redevelopment by Buyers, Buyers will be required to address stormwater quantity and quality on site. • Seller shall resubdivide the Properties to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Buyers shall adhere to all zoning ordinances and City Code requirements. • Buyers shall be responsible for their own closing costs, recording fees, and attorney's fees. • Closing shall occur on or before 60 days from the approval of the resubdivision plat, unless extended by the City Manager. • Approval of the sale shall be revoked if closing has not occurred on or before December 31, 2026, unless extended by the City Manager prior to such date. 4 N 1W4�E Rt •1 a 7 tir � 1 , e Y HIT SHEW PL ,r m r w z + • W Z to. j6 BARTOWlPL 5 *AV �HIO E► Legend LOCATION MAP `�:w 1r..r.. EXCESS CITY PROPERTY City Property GPINs 2417-15-0311, 2417-14-1311, & 2417-15-2322 2417-15-0311 1456 BARTOW PLACE, 1452 BARTOW PLACE, & 2417-14-1311 207 WEBSTER PLACE 2417-15-2322 Feet 0 50 100 200 reoare—dV P.W.TnajEna.SuMort Swvi=Dw"u 1IM2023 kNCADMProiectsvARC FiiesW APS 41 -15.o311 Aerie N a w B ASK 'gCj I S VIRGIN EACH Bl �"1 ------ FQCKA fV ❑� V If. itTE - �- a HITESHEW,�PLL 1 4 ' Z d^ c� i ';mil .o ` m z > BARTOWiPL j O H 1 O'AVE Legend - City Property - -- 2417-15-0311 LOCATION MAP 2417-14-1311 EXCESS CITY PROPERTY GPINs 2417-15-0311, 2417-14-1311, & 2417-15-2322 Q 2417-15-2322 1456 BARTOW PLACE, 1452 BARTOW PLACE, & Note: This properties are located 207 WEBSTER PLACE in AICUZ Noise Zone 2:751)b and Feet AICUZ Crash Zone APZ1 0 50 100 200 Prepared by P.W.IEna+fEnq Support Services Bureau 1/25/2023 XACADD\Proiects\ARC ReMAGENDA MAPS1241 7-1 5-03 11 i isdosu `e Statement 3 MR... 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 requlrh*action by the City Council or a City board,commission or other body. Aoollicant Disclosure Applicant Name IGr74 Does the applicant have a represent0vet 0 Yles ,F No a If yes,list the name of the representative- is the applicard a corporation,partnerdrip,firm,business,trust or an unincorporated business?❑Yes IE No • tf yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list If necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list If necessary) '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 n edonship'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,(11)a controlling owner in one entity is also a controlling owner In the other entity,or 011)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 some offices or employees or otherwise share acthAtles,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§22-310L Revfsed1L09.2020 11 P a g e Discloswe Statement MO Known.Interest_by Public Offidal or Employee Does an official or empkrM of Vw Oty of Ykgfnia Beach have an Interest In the subject land or any proposed development contingent on the subject public action?❑Yes 8 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 ex%tIng financing(mor$age,deeds of trust,cross ooBatsrafi:atan,&W or are they eonsiderfns any financing In connection with the subject of the application or any business operating orto be operated on the property? IF Yes [3 No • If yes,Identify the financial institutions providing the service. 2. Does the applicant have a red esI - bro6w/agent/reelbor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,Iden*the company and Individual providing ttw service. 3. Does the applicant have services for accounting and/or preparation of tax return provided In connection with the subject of the application or any business operating or to be operated on the property?0 Yes IN NO • If yes,IdentNy the firm and Individual providing the service. 4. Does the applicant have services from an aahitect/landscape ardhltect/land plamner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 11 No • If yes,Identify the firm and Indhidual providing the service. S. is there any other pending or proposed purchaser of the subject property?13 Yes R No • If yes,identity the purchaser and purchaser's service providers. Revfsed2LQ42020 2 1 P a g e Disclosure Statement 110 6. Does the applicant have a construction contratlor In connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,Identify the company and Individual providing the service. 7. Does the applicant have an e"Itteer/survayor/anent 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 the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ YeS 0 NO If yes,Identify the firm and Indhridual providing the service. Applicant SlRnaturo 1 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 hdoninatlon provided herein taro wwb prbr to the meetjrtg of Planning Commission,CRY Council,YBDA,CBPA,Wetlands board or any public body or cmumlttee In connection vA*this application. VV Applicant siprawn ?%&r Prfrtt come and Title Dow Is the applicant also the owner of the sulloct property? !Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement ONLY/ that pertaIns to theapplication.; tto antenna ar at °� , '�' abt Noma Revised 11.09.2020 3 1 P a g e Disclosure Statement VD ("�:121�1it�� p� C.t�lsT`liLi11:�}` c The disdosures contained in this form are necessary to inform public officials who may vote on the opplicatlon 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. 4ppli ant Dicdosane AppikentName . GtcQ. d ` noes the applant hate a asproatathiet 0 Yw (�N0 • if yap Ikt the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an uninoorporaEed bus#ro:0 o Y" lope • If yea.list the tisanes of ail officers,directors,members,trustee;,etc.below. (Attach a list 9 naoanath • If V%list the businesses that have a parent-subsidlaryi or affiliated business entlW rNatbnship with the appk@nk (Attach a gst H necessary) 'Parent-subsidlery relationship'means we relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporstlam' See State and Local Government Conflict of Interests Act;VA.Code 0 2.24101. "AfRllated business entity reladonshir means'a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership Ixrterest in the other business entity,(il)a controlling owner in one entity Is also a controft owner in the other entity.or(Ili)there is shared management or control between the business entitles. Factors that sfauid be considered in determining the existence of an affiliated business entity relatt nshlp Include that the same person or substantially the some person own or manage the two entitles;there are common or cornmingled 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 bads;or Uwe Is otherwise a dose woridrta relationship between the entities." See State and Loral Government Conflict of Interests Act,Ve. Code§2.2.3101. Revised 11.09.2020 11 P a g e Disclosure Statement Known ho rm by Public OMdd or Ot'tabvse Does an oMM or areployee of the Cityof 1A onla Bead have an Interest in the subject land or any propnsad dwreptpa P contingent on the subject public action?XYes ❑ No • g T-fl4 the name of the of isle or employee and what Is the notu of the Interest? APPRmt Setvkm Olsd0iY1! L Does the applicant have ante existing Manning(mortgage,deeds oft ark«eatooiataaMaataen,ate)or are they considering any%mci g In connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ` k1NO • If yak Identify the financial Institutions providing the aervin. 2. Does the applicant have a real estate brotterlagentireahm for current and antidpaW future sales of the subject property? ❑Yes *No • M yak,Men"the company and individual providing the service. 3. Dos the applicant have services for accounting and/or preparation of tax rebn. provided in connection with the subject of the application or any business operating or to be operated on the property?C3 Yes N0 • If yec,Identify the firm and Individual providing the service 4. Does the applicant have services from an wd*ecVbmkcWe ardnatayland planner provided in connection with the abject of the application or any business operating or to be operated on the property?[]Yes JR 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 yea,Identify the Purchaser and purchaser's service providers. Revised 11.09-MO 2 1 P a g e - � P b. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Ye5 ANO • If yes,Identify the company and Individual provldingthe 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 AQRkV"O • If yes,Identify the firm and Individual providing the service. S. 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 Xft • 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 recelpt of notification that the application has been scheduled for public hearing,I am respwWble for Mph the information provided herein two weeks prbr to the meeting of planning CMMWAon,CRy Council,VBM CIM Wedands Board or any public body or committee In connectlon while this applicadon. flatM waaad7Wa --5-�-(:e-a-cL Oft logo ap cont also the owrwr of tine subject property? Yes ❑No • ti yes,you do not need to Ml out the owner disclosure statomont. I Of,Cff�USE ONLY/All disclosures must be updated two(2)weel(s prior to any Planning 77707nimission and 01V Council mf�minF that porta;ns to the applications ❑ olft Itiaet Iluew Revised 11.09.2020 3 1 P a g e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 110 of Appendix F, Chesapeake Bay Preservation Area Ordinance Pertaining to Notices of Publication MEETING DATE: July 2, 2024 0 Background: The 2024 General Assembly amended the State Code Section (15.2-2204) that prescribes the requirements for how public meetings must be advertised for notice to the public. (SB413) The amendment allows for two (2) notices to be published between 28 and 7 days before the public meeting. This is a more flexible standard than the current standard of one publication no more than 14 days before the meeting and a second notice not less than seven days after the first publication. N Considerations: These amendments will bring the Chesapeake Bay Preservation Area Ordinances into compliance with the recent Virginia Code amendments and will provide greater flexibility for determination of the appropriate publication dates. E Public Information: Public information will be provided through the normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Planning and Community Development City Manager: 1 AN ORDINANCE TO AMEND SECTION 110 OF 2 APPENDIX F, CHESAPEAKE BAY 3 PRESERVATION AREA ORDINANCE 4 PERTAINING TO NOTICES OF PUBLICATION 5 6 Section Amended: § 110 of the Chesapeake Bay 7 Preservation Area Ordinance 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 110 of the Chesapeake Bay Preservation Area Ordinance is hereby 13 amended and reordained to read as follows: 14 15 Sec. 110.Variances. 16 17 . . . . 18 19 (D) Not later than sixty(60) days after the receipt of an application, the Board shall hold 20 a public hearing on such application. Notice of the time and place of the hearing 21 shall be published ae4ess than eese-per--week-fer-4wa-Q�-seAserut ve-weeks- 22 to-sueh-hea4iflQ twice in a newspaper having a general circulation in the City. The 23 first notice shall be published no more than fouAeeF+-{4-4) twenty-eight (28) days 24 before the meeting iAtended-adeptien and the second notice shall be published not 25 less than sip- 64 seven (7 days a#teF thS AFst before the date of the meeting. The 26 cost of the public notice shall be charged to the applicant. 27 28 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorneys Office CA16496 R-2 April 18, 2024 r:v9wie e�. T CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution 1) Approving Modifications to a Term Sheet Relating to the Redevelopment of Pembroke Mall; 2) Authorizing the Execution of Definitive Project Documents and Support Agreement; and 3) Requesting Approval by the City of Virginia Beach Development Authority of Final Term Sheet MEETING DATE: July 2, 2024 ■ Background: The Pembroke Mall shopping complex opened in 1966 at the northeastern intersection of Virginia Beach Boulevard and Independence Boulevard, and contains approximately 54 acres, including surface parking and out-structures (the "Mall"). Pembroke Square Associates, LLC, a Virginia limited liability company (the "Developer") owns approximately 29 acres of the Mall and has developed a multi- phased plan to transform the majority of the Mall into a new mixed-use, multi-level development with senior housing, a hotel, apartments, structured parking, and retail (the "Project"). The Project would be constructed within the northern and eastern surface parking lots and within a portion of the existing main mall building. The Target, REI, Fresh Market and other retail stores on the northwestern side of the area will remain open. The Developer has approached representatives of the City about participating in the cost of structured parking to be constructed in Phase II and Phase III of the Project. The Developer has also requested the establishment of a special service district ("SSD") similar to that at Town Center, south of the Project. The SSD would be established at a later date, to be effective July 1 , 2025. On April 19, 2022 by RES-04154, City Council approved a term sheet (the "Original Term Sheet") for development of the Project. The Term Sheet sets forth the conditions, obligations and responsibilities of the parties. Since the approval of the Original Term Sheet, the Developer has continued to refine its plans for the Project to reflect changing market and financial conditions. As such, staff and the Developer have drafted a revised term sheet reflecting the final terms for the Project (the "Final Term Sheet"). A blackline comparison showing all the changes from the Original Term Sheet to the Final Term Sheet is attached to the proposed Resolution as Exhibit A, along with a clean copy of the Final Term Sheet attached as Exhibit B to the proposed Resolution. As with all the parking garages at Town Center, it is proposed that the City of Virginia Beach Development Authority (the "Authority") be the entity to enter into a development agreement and related documents with the Developer (the "Project Documents"), and the City and Authority enter into a support agreement whereby the City agrees, subject to annual appropriation by City Council, to fund the Authority's obligations (the "Support Agreement"). It is proposed that City Council and the Authority authorize development and execution of binding Project Documents so long as those documents contain the same terms as the Final Term Sheet, subject only to non-material and technical modifications. Should any material changes arise during the finalization of the Project Documents, those changes would be brought to City Council and the Authority, for approval. All the obligations of the City and Authority would be subject to annual appropriation. ■ Considerations: Redevelopment of the Mall would continue the revitalization of the City's Central Business District and promote additional development and re- development in that area of the City. As reflected in the Final Term Sheet, the public participation would be paying for and operating 745 structured parking spaces, a decrease of 46 spaces from the Original Term Sheet. The total public investment would be $24,398,750 for the two garages, an increase of $668,750 from the Original Term Sheet. The increase is due to the inclusion of construction interest to allow the garages to be acquired at completion. The private investment is anticipated to be $167,200,000, an increase of $2,300,000 from the Original Term Sheet. ■ Information: Public information for this item will be handled through the normal Council agenda process. The amended terms were briefed to City Council in its public session on June 18, 2024. ■ Recommendations: Approve the Final Term Sheet; request approval by the City of Virginia Beach Development Authority of Final Term Sheet; and authorize the execution of the Project Documents and Support Agreement. ■ Attachments: Resolution (w/comparison version of Original and Final Term Sheet and clean Final Term Sheet attached), Location Map, and Disclosure Statement Form Recommended Action: Approval Submitting Departm gency: Planning / Economic Development City Manager: 1 RESOLUTION 1) APPROVING MODIFICATIONS TO A 2 TERM SHEET RELATING TO THE REDEVELOPMENT 3 OF PEMBROKE MALL; 2) AUTHORIZING THE 4 EXECUTION OF DEFINITIVE PROJECT DOCUMENTS 5 AND SUPPORT AGREEMENT; AND 3) REQUESTING 6 APPROVAL BY THE CITY OF VIRGINIA BEACH 7 DEVELOPMENT AUTHORITY OF MODIFIED TERM 8 SHEET 9 10 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 11 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 12 have engaged in extensive negotiations with representatives of Pembroke Square 13 Associates, LLC, a Virginia limited liability company (the "Developer"), and its affiliates, 14 regarding the redevelopment of Pembroke Mall; 15 16 WHEREAS, the proposed project is a mixed-use, multi-level development, 17 consisting of senior housing, retail, residential apartments, a hotel, and parking (the 18 "Project"); 19 20 WHEREAS, on April 19, 2022 by RES-04154 City Council approved a term sheet 21 (the "Original Term Sheet"), which outlined the comprehensive development plan for the 22 Project, including all public participation; 23 24 WHEREAS, Developer has continued to refine its plans for the Project, and has 25 requested modifications to the Original Term Sheet to reflect the final plans for 26 development of the Project; 27 28 WHEREAS, staff and Developer have revised the Original Term Sheet to reflect 29 the amended terms in a revised term sheet (the "Final Term Sheet"); 30 31 WHEREAS, the changes between the Original Term Sheet and the Final Term 32 Sheet are shown in a blackline comparison attached hereto as Exhibit A, and the Final 33 Term Sheet is attached hereto as Exhibit B; 34 35 WHEREAS, the obligations of the Authority outlined in the Final Term Sheet 36 would be supported by a support agreement between the City and the Authority (the 37 "Support Agreement"); 38 39 WHEREAS, the Support Agreement obligations would be structured to be paid, 40 subject to annual appropriation, using real estate taxes generated at the Project, with 41 the proposed special service district funds serving as an initial backstop for any 42 shortfalls; 43 44 WHEREAS, the City Council finds that the Project will stimulate the City's 45 economy, increase public revenues, enhance public amenities and further the City's 46 development objectives for the Pembroke area of the City; and 47 WHEREAS, the City Council desires that the Authority approve the Final Term 48 Sheet and authorize the execution of definitive project documents in substantial 49 conformity with the terms outlined in the Final Term Sheet, including, but not limited to a 50 development agreement and the Support Agreement (collectively, the "Definitive Project 51 Documents"). 52 53 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 54 VIRGINIA BEACH, VIRGINIA: 55 56 1. That City Council hereby approves the Final Term Sheet between the 57 Authority and the Developer, a copy of which is attached hereto as Exhibit B and made 58 a part hereof. 59 60 2. That the City Council authorizes the execution of the Definitive Project 61 Documents so long as such documents are in substantial conformity with the terms set 62 forth in the Final Term Sheet and such other terms, conditions or modifications as may 63 be acceptable to the City Manager and in a form deemed satisfactory by the City 64 Attorney. 65 66 3. That City Council requests and recommends that the Authority adopt a 67 Resolution consistent with this Resolution approving the Final Term Sheet and 68 authorizing execution of the Definitive Project Documents. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 71 of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. Wing/ Economic Deve opment City Attorneei (Kathy M. Warren) CA16557 Nbgov.comWN 1\applications\citylaw\cycom32\wpdocs1d024\p043\00974340.doc June 20, 2024 R-1 I6/24/24 EXHIBIT A PEMBROKE MALL REDEVELOPMENT TERM SHEET Staff of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") were approached by Pembroke Square Associates and its affiliates (the "Developer") about public participation in the redevelop of portions of the existing Pembroke Mall. Pembroke Square Associates owns the PembrdlFe Mall and intends to replace portions of the existing indoor retail and surface parking with a multi-phased project that will expand the commercial tax base in the City and provide add' ' al amenfie for the citizens of Virginia Beach. As set forth below, the Developer proposes the developme mixed-use elopment project consisting of senior housing, multifamily resi tail, ho d parking uses. The Developer has requested the Authority and the Cit o publicly participa a Project (further defined below)primarily in the form of the acq ' iti f structured ptrkin cilities. In addition, the Developer has requested the establis of a special service district (as further described below, the "SSD") to offset certain coil re to the p par g facilities and to provide enhanced services within the project alea. These so p ation will allow the Developer to address public parking needs, ro ide public am s an dramatically enhance the density and quality of development, istent with the,City's in the Town Center area of Virginia Beach. This Term Sheet41an outlineof"terms. M ver,this Term Sheet is not,nor is it intended to be, an offer, an ceptance, or a binding agreement of any kind. To the contrary, this Term Sheet is only a^mary of the basic to s of a possible transaction, which may be agreed in principle o . Although et identifies many of the material issues, any possible transacts is in' and 'ssues ay arise during preparation and negotiation of definitive doc tation ghat have not een discussed in this Term Sheet. Accordingly, legal obligations am n arties will ly , ° as specified in any definitive agreements that ultimately may be approved City Co U, the Authority's Board of Commissioners and the Developer's principals,an cut y all of the parties. Any and all obligations of the City and the Authority are subject to ap opriation of sufficient funds to meet those obligations by the City Council of the City of Virginia each. Additionally, none of the parties to this Term Sheet are under any obligation or duty to attempt to negotiate a transaction or any related documentation or, if such negotiations commence, to continue such negotiations. Nonetheless, by approving this Term Sheet, each party indicates its belief that this Term Sheet can form the basis for a transaction and their respective willingness to commence negotiation and preparation of definitive documentation toward that end. 1 I6/24/24 4= Project Description: The project will be constructed in three(3)phases(described below) on approximately 5.273 acres of property currently owned by Developer and operated as tlie-Pembroke MaUSauare (the "Property"). The Developer intends to construct a mixed-use development project containing multiple buildings and use categories generally as described below. The Project will involve demolition of portions of the existing indoor mall, some surface parking and certain existing outbuildings. The following elements will constitute the "Project", with all numbers approximated and subject to refinement: a. Phase I: a 7-story, appreaima4e1y-44_59153-unit senior ' g community to-H meted-in what was formerly surface parking at the northeastern corner of the Pembroke MaOquare. Phase I will be supported by surface parking. TIK Developer's anticipated investment is approximately$ ,300.000 b. Phase II. an 7-story multi-use structure with approximately 35,0 square feet of ground floor retail, " " , and-76 levels of ap is with "r :nate y 3�°272 market rate units. There will also be a 7-sto ar ' "P a II Gara e" ad'acent to the multi- use structure consisting of gpproxim&v 611 s 'ae s. Phase`II will be in the area that is Buff 44yformerly the central Vea o e Pembrok M . Developer's anticipated investment in Phase II is approximately $2,500,00 for the retail and a approximately $6668,600 00 . for the arrtments. The anticipated public investment in the par ' in Phase II is approxi ly $19,674,366.W. 8,330 000 plus a onion of the SS monies er Sect b elow. Phase II will be a multi-unit condominium with each el of the Ph a separate condominium unit. c. Phase I II. A 4 47-story -aad1 parking garage-,and restaurant.The ground floor will be a restaurant, 2 levels of u garage wandxiag spaces- eve of ar ' ara a the"Phase III Garage"and;collectively with th a504 II Garage, a s=},-")will consist of approximately 134 spaces and the 4 e els o otel, gauge,will stories aiid haveconsist of approximately 156 r S. In add to the structured arkin there will be a roximatel 29 surface aces a and in the immediate vicinityof the Phase III structure. Phase III wil djacen Virginia Beach Boulevard -where athe SunTrust/Truist bank was former . Developer's anticipated investment in Phase III is approximately$43-5 ri.:"ien ",.a ees4.31,883,000. The public investment in the parking is Phase III is anticipated to be approximately$ 4,020,000 plus a portion of the SSD monies per Section 3(b)below. Phase III will also be a multi-unit condominium with each element of the Phase a separate condominium unit. 2. Developer ObliEations. a. The Developer will construct,or cause to be constructed,all elements of the Project. All components above are subject to mutual collaborative refinement. 2 6/24/24 b. Developer acknowledges that its proposed private investment, and the proposed uses in the Project are the basis for the level of financial support offered by the Authority. Material deviations in investment or form resulting in a reduction of Developer's private investment could require the public investment be likewise reduced. Alternatively, any increase in Developer's private investment could result in the public investment likewise being increased. c. The Developer's construction of the Project shall comply with the City Council's Small Business Enhancement Program. In addition, the Developer acknowledges the City Council's 4-012% minority subcontractor goal and will work with the City to identify and use minority subcontractors to the extent commercially reasonable. (Please provide a copy of the City's Small Business Enhancement Program.) 3. City/Authority Participation. a. To satisfy the expressed need for additional public parking, the Developer shall construct and sell to the GityAuthor14-t , and the C-4yAuthority shall purchase each Garage from the Developer,at the completion of the applicable Phase, ._ Each Garage to be purchased pursuant to a condominium parking unit purchase agreement in form and substance mutually satisfactory to the City and the Developer. The City sha provide funding for- -On completion of construction of each Garage, the design,, Authori will pay-ac wire the ee for $39;6OOkA per space, inclusive of all hard and soft costs except as set forth it, Sec Oar below. In addition to the $30 00 s ace t Cit will also a u to $2 750 per space for :constructio oan i erest incurr��D velo er during and attributable to the construction of the Galfik1gJACity shall have e option of paying construction costs of the Garages This fee will be Payable on Mutually agreeable or to com tion to educe interest incurred during constructionprovided, an :such pavinents shall le applicable to the purchase price of the applicable Garage upon egmpletion. The Garages shall be free and open to the public for a period of 30 years from the date each gapag Ciarage opens. The GityAuthority shall grant to the Developer a mutually agreeable parking license wherein the Developer, or its successors and assigns, shall have the exclusive right to use a designated number of parking spaces throughout the Project, with the locations and cost of such Parking License to be established in the development documents. b. The Developer shall agree that the Project will be subject to a special assessment established pursuant to a Special Services District("SSD"). The initial amount of the SSD is anticipated to be an additional $0.45 to the real estate tax rate. It is anticipated that $5,500,000,48 of the SSD monies will be used to pay for costs of the Garages in excess of 3 6/24/24 $30,000-00 per space, including a total of$1,500,000 in design /soft costs for the Garages currently allocated as follows: (a)�$860,000 for Phase II and (b) S 640,000 for Phase III. Included in the $1,500,000 design/soft costs shall be a development fee for the Garages. The remainder will pay for certain enhanced services at the Project, and for maintenance and upkeep of the Garages. The SSD rate will be set by City Council after consultation with the Developer during the pre-development period described below. C. All obligations of the City and Authority to be expressly s ect to the City Council appropriating sufficient funds to the Authority to meet its ob ' h 4. Guaranty of Assessed Value: IAs set forth in Section 3 above,the City/Authority intends to ce the cost o e Garages with (i) real estate and hotel taxes generated 'ect an a portion of the SSD Imonies. It is possible that the tke-City/ orit wi experience of certain of the material benefits of its bargain under roject(includin , o imitation, a material reduction of anticipated tax revenue he private elements a Project do not yield the anticipated assessed values, or ii t a ses are not comp within the timeframes set forth below in Section 5. In consideration of such potentia oss,Developer shall cause the entities owning the projec s to pay a reimbursement amount(the"RA Amount")sufficient to restore any shortfall ' to taxes to the amounts projected(based on the existing real estate tax rate). Th ill b�securon tenors and in a form acceptable to the City/Authority. ase pro copy of the reimbursement guaranty and there should be separate gu antie or each pr 5. Propose ymeline h a. .Phase I is in progress and awl ci ate Ito be complete by Fall 2024. .1 .Phase II"o commence construction within 16 months of approval of Project by City Council. Completionwithin 24 m,.nths*heareffiftelis anticipated by the end of 2027. c. Phase III to commence construction within 16 months of approval of Project by City Council. d. In any event, the parties anticipate all three phases will be complete by July 1 2028. 6. Next Steps 4 6/24/24 a. Public briefing of revised Term Sheet b. Public Comment and City Council and Authority vote on Term Sheet and authorization to execute Definitive Documents. e. Development of definitive, binding deeufneWs and'vetes on . TARI.Q ORI VBW A "_.a AAJC nj m 22 a 5 6/24/24 EXHIBIT B PEMBROKE MALL REDEVELOPMENT TERM SHEET Staff of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") were approached by Pembroke Square Associates and its affiliates (the "Developer") about public participation in the redevelopnl&pf portions of the existing Pembroke Mall. Pembroke Square Associates owns the PemVr ; e Mall and intends to replace portions of the existing indoor retail and surface parking wit I multi-phased project that will expand the commercial tax base in the City and provide add' ' 1 amenities for the citizens of Virginia Beach. As set forth below, the Developer proposes the developme mixed-use "velopment project consisting of senior housing, multifamily resi detail, ho d parking uses. The Developer has requested the Authority and the Ci o publicly participa a Project (further defined below)primarily in the form of the acq ' iti of structured ''` n cilities. In addition, the Developer has requested the establis of a sp . , service trict (as further described below, the "SSD") to offset certain co4s re to the par g facilities and to provide enhanced services within the project a ea. These onns of p ation will allow the Developer to address public parking needs, ro ide public am es an dramatically enhance the density and quality of development, istent with the City's oals iin the Town Center area of Virginia Beach. y;. This Term Sh 4in outline ofterms. M ver,this Term Sheet is not,nor is it intended to be, an offer, an cceptance, or a binding reement of any kind. To the contrary, this Term Sheet is only q,0IMMMryof he basic tens of a possible transaction, which may be agreed in principle o Although thi et identifies many of the material issues, any possible transacti is omplex and issues y arise during preparation and negotiation of definitive doc tation t have not been discussed in this Term Sheet. Accordingly, legal obligations am n 11 ly be as specified in any definitive agreements that ultimately may be approved City Co ll the Authority's Board of Commissioners and the Developer's principals,an cut y all of the parties. Any and all obligations of the City and the Authority are subject to ap ation of sufficient funds to meet those obligations by the City Council of the City of Virginia each. Additionally, none of the parties to this Term Sheet are under any obligation or duty to attempt to negotiate a transaction or any related documentation or, if such negotiations commence, to continue such negotiations. Nonetheless, by approving this Term Sheet, each party indicates its belief that this Term Sheet can form the basis for a transaction and their respective willingness to commence negotiation and preparation of definitive documentation toward that end. 1 6/24/24 Proiect Description: The project will be constructed in three(3)phases(described below) on approximately 5.273 acres of property currently owned by Developer and operated as Pembroke Square (the "Property"). The Developer intends to construct a mixed-use development project containing multiple buildings and use categories generally as described below. The Project will involve demolition of portions of the existing indoor mall, some surface parking and certain existing outbuildings. The following elements will constitute the "Project", with all numbers approximated and subject to refinement: a. Phase 1L• a 7-story, 153-unit senior living community i was formerly surface parking at the northeastern corner of the Pembroke Square. ase be supported by surface parking. The Developer's anticipated investme s ap roxima 64,300,000 . b. Phase II. a 7-story multi-use structure with pp ately 35,00 Pre feet of ground floor retail and 6 levels of apartments with 272 mar to units. T e will also be a 7-story parking garage ("Phase II G acent a multi-use structure consisting of approximately 611 spaces. e II wi . the a at is formerly the central area of the Pembroke Mall. ve 's cip inv tment in Phase II is approximately$2,500,000 for the re nd appr ately$6 00,000 for the apartments. The anticipated public investme inth king in e II approximately$18,330,000 plus a portion of the SSD m per Se 3(b) b Phase II will be a multi-unit condominium with each a ement a Phase ara condominium unit. c. Phase III. A 7 ory hotel, 'ng gara and restaurant. The ground floor will be a restaurant, 2 le, is ki gar a d levels of hotel. The parking garage (the "Phase III Gar a and col ely with t . hase II Garage, the "Garages") will consist of approxim tely 4 spaces a e 4 levels of hotel will consist of approximately 156 rooms. In on the structure mg,there will be approximately 29 surface parking spaces roun medi vicinity of the Phase III structure. Phase III will be ad' to Virgmi %Bea ulevard where the SunTrust/Truist bank was formerly Gated. Developer' antic i ated investment in Phase III is approximately $31,883,000. e pub investme ' the parking is Phase III is anticipated to be approximately 00 p us ion of the SSD monies per Section 3(b) below. Phase III will also be a ti-unit c ominium with each element of the Phase a separate condominium unit. 2. Develo a bli ations. a. The Developer will construct,or cause to be constructed,all elements of the Project. All components above are subject to mutual collaborative refinement. b. Developer acknowledges that its proposed private investment, and the proposed uses in the Project are the basis for the level of financial support offered by the Authority. Material deviations in investment or form resulting in a reduction of Developer's private investment could require the public investment be likewise reduced. Alternatively, any 2 6/24/24 increase in Developer's private investment could result in the public investment likewise being increased. c. The Developer's construction of the Project shall comply with the City Council's Small Business Enhancement Program. In addition,the Developer acknowledges the City Council's 12%minority subcontractor goal and will work with the City to identify and use minority subcontractors to the extent commercially reasonable. (Please provide a copy of the City's Small Business Enhancement Program.) 3. City/Authority Participation. a. To satisfy the expressed need for addition lic Cparking', the Developer shall construct and sell to the Authority,and the Autho ,shall purchase each Garage from the Developer at the completion of the applicable Phase. ch Garage to be°trchased pursuant to a condominium parking unit purchase ,agreeme t in form and substance mutually satisfactory to the City and the Developer. On completi of construction of each Garage, the Authority will acquire the G�xake for $30, space., Mclusive of all hard and soft costs except as set forth in ction 3 Clow. dition to the $30,000 per space, the City will also pay up to P,750 per spa for const , tion loan interest incurred by Developer during and attribable to the construction of the Garages. The City shall have the option of paying construction costs of the Games prior to completion to reduce interest incurred during nstruct on provided, any such payments shall be applicable to the purchase price of plicabGarage upon-completion. The Garages shall be free and open to the p lic od of 30 years from the date each Garage opens. The Authority shall t to the eloper a mutually agreeable parking license wherein the Developer, r itsssors and' shall have the exclusive right to use a designated number par ' ces throu t the Project, with the locations and cost of such Par ' g License n the development documents. e Deveshall agree that the Project will be subject to a special assessment blish d pursCt Special Services District("SSD"). The initial amount of the SSD is 'ipated toadditional $0.45 to the real estate tax rate. It is anticipated that $5,5 0 of " SSD monies will be used to pay for costs of the Garages in excess of $30,000 ace, including a total of$1,500,000 in design/soft costs for the Garages currently ocated as follows: (a) $860,000 for Phase II and (b) $640,000 for Phase III. Included in the $1,500,000 design/soft costs shall be a development fee for the Garages. The remainder will pay for certain enhanced services at the Project, and for maintenance and upkeep of the Garages. The SSD rate will be set by City Council after consultation with the Developer during the pre-development period described below. 3 6/24/24 C. All obligations of the City and Authority to be expressly subject to the City Council appropriating sufficient funds to the Authority to meet its obligations. 4. Guaranty of Assessed Value: As set forth in Section 3 above,the City/Authority intends to finance the cost of the Garages with (i) real estate and hotel taxes generated at the Project and (ii) a portion of the SSD monies. It is possible that the City/Authority will experience a IgM of certain of the material benefits of its bargain under the Project (including, with imi ation, a material reduction of anticipated tax revenues) if the private elements o oject do not yield the anticipated assessed values, or if the Phases are not com 1 wit 'i a timeframes set forth below in Section 5. In consideration of such potent los , Develo shall cause the entities owning the projects to pay a reimbursement amount(the"RA Amount").sufficient to restore any shortfall in actual taxes to the amo s projected (based on the existing real estate tax rate). The RA Amount will be securATINims and in a form acceptable to the City/Authority. (Please provide a copy of the reimbursement guaranty acid there should be separate guaranties for each project.) 5. Proposed Timeline: a. Phase I is in progress and anticipated to be complete by Fall 2024. b. Phase II to commence construction within 16 ninths of approval of Project by City Council. C pletion is anticipated by the end of 2027. c. Phase III to c ce co ` ction withiti 16 months of approval of Project by City Cou d. In any e e , the parti ticipate Xthree phases will be complete by July 1, 20 6. Nex to s a. ""Public briefin of rev ed Term Sheet b. P`1 lic Comment and City Council and Authority vote on Term Sheet and zation to execute Definitive Documents. 4 00 INDEPENDENCE BLVD. .. ♦4 .. co D A J •t 1 Wie 41 Man It t t 4 *„ r CONSTITUTION DRIVE Z _R N — I{ LA N p • O S $ (D11 cn x Spa I ;�t`1' � >^,� 15•1 �----}o4 d;�x � q7r;.,� ..�'`t 4 .. .� -.:y �.. 1 \�.., ,� � s , 7 a y 451 ,-.4fv'_Y 49"'.71 -..�aF:'�al 5`1j Z S.*n " a 505 "a�i5a. any jxd:9\ 1';' :� .74i",78 `l4411\ 39A 341 3 `---�- "05 r— k ` 1 4'1U a y "� aCS' a 7 'y� LOCATION MAP a�, )5 , 4.;3_ ab79 ., 6d1� . 14Fi13 4G59 - ttG_, � � 43z � .r,� �.164�-' ` 5,�5 i 44? • 9 . '< 4,+t15 A,- �' A4#J4'Ej 04 411, , r � - Y^la �\t r'"�\ _.i7t� \�./ �,•., �I rr ""'�"y p a4+t, 41}93�` ar= •,,: y��,ow a7q 1 c 4St .<' '� 4Pja ai' \�.. � `. :a' VALLEYF G L a 1 9 s�.4 ` \4t7t \� , tav�. 1 � . a4o5' �'' 3r a:: eat 6o546Jt s n 4�� 4qz a . t �MQS� \ ��� \ •4' a `, l \ f - q ?5 i ' 4AG Z �L..�., , r .7a�);^ :'.444F. ir r:24 -4 C W8 ' 400 ai. 13 i S c, ��aS 11\�� r2 444 M\ \ ary ( VIM C+ u yt daF 5 i 9 498 !- '' �` NNE ` Jy` 44$9'., p P f aa33 as £ 6i5." S 4 w 495 4M4 4463 49 h i . 4,61 4736��..i-"'.' y 445571A. e t -. .r'- 6"1ai r. gfa3Zi .,tzl 20C ;' 1 Y..... LN _L 1 CORPORA 5 )EANNE S T f/ —T-- yY - •r lam,P i s ....I Cs .. '\ "60 Virginia dd� 2-. 4t 471 i p I { p �.i' > 4 teach . I `� IIIi P rTS,.Health 44'n5 p ._ P o a;oo P P {'' Fmsess BROAD ST �iyl P 338 P � 4• 4554 P O 4553 z > Pembroke Building P - Pembroke o rig _.- _. Office Park Building i 5' Shopping e Bonding 2 p m Center i � P P 1 w ; P �p 313 P P P P ti y z r an P azoa G#7 --- P SsR, P P P P P P I •�-" W _. g1 C- y•..... �_ -_.m_ _— _ iftSalClE�yry ?R.Vp —',i V!t@dNtA8EACH8LV[) _ �4 P Y ® L6 �T + Q�, A�sp"las LdnyFCy f • • 6-�" cater! P Wj P • P ceder � Ere ,t P h Armada �— �� t Sentra 01 -' Hoftler . , �V Union I E ANK$T BARK ST Tower ? —� y.� 5 4 . • a_n5 �---P rn 4421 1 i ��t ( { 216 MAINST• t tiIAIN S1 m t ' • P 7 ! fl � �� � �+RR`, � ! ----ems � a. �1•....t" .,,.,,. 0..--ti nn— a.r-, a. n......ti The disdosures contained In this form are necessary to lift ti public offidais who may vote on the application as to whether they have a confiitt of Interest under Virginia low. TW cornogtlon and submission of this f6ro Is required for all appkatlow that pextoin to City real estate natters or la a the development and/or use of property In the City of Vkonla Beach►equift action by the City Coundl or a City board,commisdon or other body. Applicant bkdosum Appikord Norm Pembroke Squore Assockft'U.0 Does the applicant have a nonsentow? 0 Yes E3 NO If res,list the name of the representative. Ramsay Smith is the applicant a wmon*%partnership,&M burinm trust area a*wwporasad business?0 Yes ❑No If yet,itst the norms of all officers,directors,members,trusbees,etc.below. (llttaeh a slat If necessary) Vincent R.dhriari,Jain E ODvierb,Wool V.Owvte*t,Vincent A.Napofitm,RedertCk J.Napoftno • If ves,list the businesses that have a porent4ubsfdiaryt or affiliated business entity'neiatfonship with the applicant (Attach a pit If necessary) Nurltarous entities and business entitles are offillabed with the Applicant through Its various principals names listed above.See SEEKER list '"paraat adwi cry relationship'mesm'a relationship that exists when one corporation directly or Indirectly owns shares pp"goiptd ritefe than So percent of the voting power of another corporation.' See State and Local Government Conflict of interests Act,VA.Code f 2:24101. ''Affiliated business entity reiabwn 1p'means'a relationship.o0w than parent-subsidlary relationship,that exists when 0)one bushum entity has a contmoing ownership Interest In the of m business entity,(Il)a oontrO tlrla owner in one entity Is also a controprtg owner in the other entity,or(tin there is shared management or control between the business entitles. Factors that Ntouiti be considered in determining the existence of an afflicted business entity relationship Include that the same person or substonfaiiy the some person own or manage the two entltkr,there are common of commlrtgied funds or assets the business entities share the use of the some offices or employees or otherwise share activities,resources or personnel on a regular bests,or "we is otherwke a dose workhIS relationship between the errtlties.' See State and Local Government Conflict of interests Act,Va. Code§2.2a10> IIPage Known hiWmat by Pudic OffkW or Emeiovice Does an official or employee of the Cky of Vkdnk Mach have an Interest In the sub)M land of any proposed development contlrvM on the subyeet pubic uxion?❑Ye S M No • B yes,what Is the name of the official or ernptoyee and what b the nature of the h►teriv? AOOliatnt krylgo DWOMM 1. Does the applicant have Pray as N fbwxh (alert em doedt of trust, etq or are that'oon Wwbe any Aewxft In cwuwct ion with the wWeu of the application or any business operating or to be operated on do prop"? K Yes C3 No . If yes,Wen*the Handal knti0rtim prmWlnt the serloe. Towne tank 2. Dori the appliont have areal ante bfofw1wWre@ftw for current and araidpated future sake cf the subject property? ❑Yes S No a If M i wMV the company and k*Adual providklg the service. 3. Does the appicent have servim for accoundfK wWot preparation of to rewrnc provided In owroWon with the subject of the appication or arty bt*mu operating or to be operated on the property?❑YOS lK No • If yea,identify the firm and individual providing the service. 4. Does the applicant have serriera from an ardtftec bndsmpe a►citked/lend planfw provided in cmnecum with the subject of the sppiation or any bu**u operating or to be operated on the property?9 Yes 0 No . if M Won*the firm and l dividuai providing the servloe. Kahier Slater.hrm Ul W.Wiammin Avenue,Mbukm M 53203 5. Is there any other pm tg or proposed purdtoer of the subject property?❑Yes K No . if its,ide+ttffy the purchaser and pwrdtaaees service prvvkle . 2 1 P a g e G. Does the applicant have a eorotruetion oontrador In comutcction with the subject of the application or my business gmmbng or to be operated on the property?❑Yes N No • if pa,identlly the company and WAA4dual pwWdl%the service. 7. toes the applicant have an anghneer/a mmm/aSent in connection with dw subject of the applicmion or arty budnem operatting or to be operated on the pmp&W K Yes 13 No • if Ift i WV*the firm end ku%idmi providtng the service. gmiey-Hom,4525 Main Strdet,Sutra 3000Z!Amnia&ado VA 23M S. is the applicant r000k"MPI asrvioes in connection with the subject of the appliation or any business operating or to be operated on da property?0 Yes ❑No • if ym Men*the*m end ktdivid W providing the swvkL it.!:#ward kurdon,lr.,6q. A�plkeM S I certffy that as of the Information contained In this Disclosure Statement Form Is oompiete,tore,and accurete. I understand that, upon remot of notification that the application has been scheduled for publk Haring,I am resporuibie for rpdoft the Mormstion provided herain two weeks prim to the meaft of P muft Cowdalssfon,City Coanoli,WiW�CBPA,Wetiu4s Sou-c or any publk body or committee In connection wUh this application. s- ==- hPOIlla _ �ra Fteder$ck J.NapoNtano Prom P. and ift Open t*Manager Mtc tj Ad is the&pptiwmt also the owner of the subject propertY? Dyes ENO • gym you do not need to fill out the owner disclosure statem mL Nodmqrsairit • Ale ehal es - Id ` 9 31Page Continue to Next Page for Owner Disclosure 41Psge Owner Dbel sure Owner►same Perrlake Square Assecl tee,tlC Applkwd Marne Peanbroke Square Aswild s,LLC is the owner a caporadM pwuwnhlp,lirnt,Mtasinam,trust or an wdocorporoted brsbtass? 11 Yet 13 No • li yes,fist the names of all officers,dJrectors,members,trustees,etc-below. (Attach a Yet If necessary) Vincent IL 011vieri,Jahn I-Obviert Michael V.Obvled,Vincent A.Hapotitano,hederickJ.NapWkM • If yes,Ifst the businesses that have a parmt-vAnidlaryt or aftiNated business en#W relationship with the owner. (Attach a fist N neces:aM See attached list. i(ttown interest by Public Ofi M or Emdovae Does an oifhdal or employee of the Cky of vrgb*beach have an interest In the cis*d land or any proposed dwelopment contingent on the:west public action?[3 Yes P No If yes,what is the name of the official or employee and what Is the nature of the Interest? *'parent-subsidlary Motionship•means^a relationship that exists when one corporation directly or indirectly owns shores possessing more titan 50 perant of the voting power of another corporation.'See State and foal Government Conflict of Interests Act,VA.Code 4 21-3101. '*Affiliated business entlty relationship*means'a relationship,other than parent-sub;kWry relatforuhip,that eetsts when(1)one business entity has a controMng ownership Interest in the other business entity,(K)a controlling owner in one entity Is also a ty, controlling owner in the other en or fill)there is shared management or control between the business entities. F&ttors first should be considered In determining the existence of an affiliated buelness entity relationship Include that the same person or substantially the same person own or manage the two entitle*,there we common or commingled funds or on";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 reiationsfdp between the entitles.' See State and Local Govemment Conflict of Interests Act,Vs. Code 4 2.2.3101, 51Page Owner Services Disdosufo 1. Does the Owner have any esdstigg fins+xlnt(mortg&M deals Of trust,a ea)os s n 0"condda riN any financing in connection with the subject of the application or any business operating or to be operated on the property? V Yes 13 No • If yes,Identify the ffnandal instltutlem pmMng the service. Towne Bank 2. Doer the Owner have a rval estane broker/.g.nt,/re*to-for current and anticipated future sales of the subject property? O Yea M No If Vw Identify the many and Ir"ual praMhrg the service. 3. Does the Owner have services for aomwtiag and/or preparation of tas MUM provided In connectlon wfth the subfect of the application or any business operating or to be operated on the property?❑Yes F7 No • ilf yes,Identify the firm and ind Mwl providing the service. 4. Does the Owner have services from an arrfhltaet/larrdscape archhect/bnd planar provided in wnneetion wIM the subject of the application or any business operating or to be operated on the property?F Yes ❑NO • If yes,Identify tine firm and kwwuai providing tine service. Kafder Slater,Inc,ill W.1Msconsln Avenue,Mibukee,VA 53M S. Is there any other pandhrg or p,nposed purchaser of the subject property?❑Yes it No If yes,Identify the purchaser and purchaser's seMce providers. 6. Does the Owner have a oanstnrction contractor In wmecdon with the subject of the application or any business operating or to be operated on the property?❑Yea 0 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 erYV businew operating or to be operated on the property?10 Yea ❑ No • If yes,Identify the firm and kWMduel providing the service. 10mleyitom,AIRS Maln Street,Suite 100U,Vhginb Beach,VA 23M b � Page S. b the Owner Roelring leas)services In mnnection with the subject of the appPxa*n or any business operatlrt or tq be operaded on the property?N Yes ❑No • N m Way*the firm and individual providing legal the service. R Edward Bowdop,Jr.,fsp. C)VO er Sl fi! I Certify Nat aB of#a bfore>aBon contained In Ntls Dlsdosure Statement Form Is complete.bue,and N=FOW.l understand that, upon rec elpt of rtofllicatlon thst the appYmtion has been scheduled for pubk hearNtg,I am raaponabie for updatk g the bdonratioa pmri W herds two trta8as odor to the titteefing of Nnning Commbaion,(W ,VBDA.aw&wetlands Board or as w pubk bo*or twmn tee In cor cation?+rink this appkeden. owe — — --- __��- - Fradt MJ,Napdkm FMiet Mown and TIMs - - Op"ao Mansaax Dma 7 Page AMUCANT AHD MOM' Ramsay SRO-Pembroke 8que re Assoolates,LLC MA1aADER8 AND MEiY1BEf>:5 OF.APPUOMT: Vincent R.011vvied John E.Olivderi Mrari :'V. Olivier: CMMatopher C.Otivleri Rosemary L Od9 W Robert ONYM Vincent A.Nepoliteno Frederlak J. Napollteno,11 Theresa Napollt w John C.Napolitano 6EF1h*TE8 OF ERG Napolfteno Homes Vincent A Nepoliteno Frederick J.Napollano,I I Therese Napoillarw John C,Napolheno TerryMeterson Residential Companies John Peterson Jr. John Peterson III Lucky Peterson Associated Devvelopmerd Management Corp. John E.011vierl Michael V.Olivied Pembroke Commercial Realty, LLC � v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate State Funds to the Virginia Beach City Public Schools FY 2024-25 Operating Budget MEETING DATE: July 2, 2024 ■ Background: The Virginia Beach School Board approved the FY 2024-25 School Board Proposed Operating Budget on March 12, 2024, based on the revised Revenue Sharing Formula amounts provided as a result of the 2¢ real estate reduction that was included within the City Manager's Proposed Budget. At that time State revenue was not known, so the School Board used estimates from the Governor's Proposed Budget. The City Council adopted the FY 2024-25 Operating Budget on May 14, 2024, and its appropriation for Schools was based on the March 12 School Board Resolution. After a special session was convened, the General Assembly adopted its budget. The additional state funding will require amendments to the funding for Schools included in the City's FY2024-25 Operating Budget. On June 10, 2024, the School Board adopted a resolution requesting the City Council to appropriate the additional funds. In total, the School Board is requesting and additional appropriation of $16,152,511 into the School Operating Fund and $105,000 into the Green Run Collegiate Charter School Fund. Funds will be used to provide additional special education support, one wellness day for benefit-eligible employees, and a 2% increase in entry rates for unified and instructional experience-based step pay scales, effective August 1, 2024. ■ Considerations: The attached ordinance provides the amendments to the City's FY2024-25 Operating Budget requested by the School Board. ■ Public Information: Normal City Council agenda process. This request was discussed at the City Council's Informal Session on June 18, 2024. ■ Recommendations: Approval of the attached ordinance. ■ Attachments: Ordinance, City/School FY 2024-25 Amended Budget Resolution Requested by the Virginia Beach School Board 1 AN ORDINANCE TO APPROPRIATE STATE FUNDS TO 2 THE VIRGINIA BEACH CITY PUBLIC SCHOOLS FY 2024- 3 25 OPERATING BUDGET 4 5 WHEREAS, on May 13, 2024, Governor Youngkin signed the Virginia State 6 Budget; 7 8 WHEREAS, as a result of the state budget amendments, the School Board of the 9 City of Virginia Beach adopted a resolution on June 10, 2024, requesting an additional 10 appropriation of $16,152,511 of state funds into the School Operating Fund including a 11 transfer of$105,000 into the Green Run Collegiate Charter School fund; and 12 13 WHEREAS, appropriations of funds must be approved by the City Council prior to 14 expenditure of funds by the School Board of the City of Virginia Beach; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1) $16,152,511 is hereby accepted from the Commonwealth and appropriated, 20 with revenue increased accordingly, to the FY 2024-25 Operating Budget of 21 Virginia Beach City Public Schools. 22 23 2) Of this amount, $105,000 is transferred from the School Operating Fund to the 24 Green Run Collegiate Charter School Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. 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: a- Budget and Management Services City Attorney's Office CA 16549 R-1 June 18, 2024 ti VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Kimberly A. Melnyk, Chair Jennifer S. Franklin,Vice Chair District 2 _ District 2— Kempsville Beverly M. Anderson Kathleen J.Brown Michael R. Callan At-Large District 10 District 6 David Culpepper Shannon L. Kendrick District 4 Victoria C. Manning District 8 At-Large Interim _ Jessica L. Owens Trenace B. Riggs Carolyn D. Weems District 3—Rose Hall District 1 -Centerville District 9 Donald E. Robertson, Ph.D., Superintendent FV 2024-25 Amended Budget Resolution WHEREAS, the School Board of the City of Virginia Beach approved the FY 2024/25 School Board Proposed Operating Budget on March 12, 2024; and i WHEREAS, the FY 2024/25 budget was adopted by the City Council on May 14, 2024; and WHEREAS, the adopted budget recognizes a decrease in local tax revenue streams used to calculate the Revenue Sharing Formula for the city's contribution to the schools; and WHEREAS, a negative adjustment of$218,208 has been placed in the schools' FY 2024/25 operating budget to account for the variance in city revenues; and WHEREAS, this negative adjustment will be offset with additional state revenue; and WHEREAS, Governor Youngkin convened a special session of the General Assembly on May 13, 2024; and WHEREAS, the 2024 Special Session I General Assembly adopted a budget that amends FY 2025- 2026 Direct Aid distributions to school divisions; and WHEREAS, these amendments include, among other items, a 3°0 compensation supplement to school divisions for Standards of Quality(SOQ) instructional and support positions effective July 1, 2024; and WHEREAS, Governor Youngkin signed the Virginia State Budget on May 13, 2024; and WHEREAS, state funds for the School Operating fund will increase by$18,937,444 and state sales tax will decrease by$2,784,933; and Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2S12 George Mason Drive I P.O Sox 6038 1 Virginia Beach.Virginia 234S6.0038 vvvvw.vbschoo1s corn ti VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2. FY 2024-25 Amended Budget Resolution (continued) WHEREAS, the School Board of the City of Virginia Beach requests an additional appropriation of $16,152,511 into the School Operating fund and $105,000 into the Green Run Collegiate Charter School fund; and WHEREAS, appropriations of funds must be approved by the City Council prior to the expenditure of funds by the School Board of the City of Virginia Beach; and NOW,THEREFORE, BE IT RESOLVED: the School Board of the City of Virginia Beach requests an additional appropriation to the School Operating fund of$16,152,51 1, which includes a $105,000 transfer to the Green Run Collegiate Charter School fund; and be it FURTHER RESOLVED: the School Board of the City of Virginia Beach requests an additional appropriation to the Green Run Collegiate Charter School fund of$105,000; and be it FURTHER RESOLVED: these funds will be used to provide additional special education support, one wellness day for benefit-eligible employees in an allocated position, and a 2% increase in the entry rates for both the unified and instructional experience-based step pay scales, effective August 1, 2024; and be it FURTHER RESOLVED: that the School Board of the City of Virginia Beach approves and affirms the necessary appropriation and recommended uses of these funds; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 10`h day of June 2024. 1 01 V, `►i +�:• f-4 # 01 0 :s 1� : W, Kimberly A. Melnyk, School Board Chair es• { tr- XL. Attest: Regina . Toneatto, Clerk of the Board Putt Students First •Seek Growth •Be Open to Change •Do Great Work Together•Value Differences 2512 George Mason Drive I PO Box 6038 Virginia Beach.Virginia 2,3456 0038 L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/ITA ADVISORY COMMITTEE VB CANNABIS ADVISORY TASK FORCE VB COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD N. NEW BUSINESS O. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 The Agenda (including all backup documents) is available at htlps://clerk.virginiabeach.gov/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TCheliusgvbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: htlps:Hvbgov.webex.com/weblink/register/r79c4O8O52183 I c256a955cf569258415 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 2, 2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:06/18/2024 PAGE: 1 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTF I R Y N K D E N R N N I. CITY COUNCIL'S BRIEFING A. EAST COAST SURFING CHAMPIONSHIP Tony Pellino, (ECSC) General Manager— (Requested by Mayor Dyer,Vice Mayor Coastal Edge East Wilson,Council Members Remick and Coast Surfing Schulman) Championship I. CITY MANAGER'S BRIEFINGS A. FY 2024-25 VBCPS AMENDED BUDGET Crystal Pate,Chief Financial Officer— Virginia Beach City Public Schools (VBCPS) B. FUNDING PLAN FOR THE ARTS Emily Labows, Director—Cultural Affairs C. PEMBROKE SQUARE REDEVELOPMENT Kathy Warren, Director—Planning and Community Development III.-VI. CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 1. FORMAL SESSION May 28,2024 2• INFORMAL AND FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y June 4,2024 3. SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y June 11,2024 11. MAYOR'S PRESENTATION 1. PROCLAMATION—AMATEUR RADIO WEEK JUNE 17-21 Douglas Duggan,President—VA Beach Ham Radio Club 1. PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL LAND NO SPEAKERS PRESERVATION(ARP)EASEMENT Installment Purchase Agreement for 57.70 acres at 3645 Muddy Creek Road and 66.79 acres at 3141 Land of Promise Road and Blackwater Road 2. DECLARATION AND SALE OF EXCESS NO SPEAKERS CITY PROPERTY 1452&1456 Bartow Place and 207 Webster Place CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:06/18/2024 PAGE: 2 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D F N R N N K.I. Ordinance to TRANSFER $37,713 from ADOPTED 10-1 Y Y N Y Y Y Y Y Y Y Y General Fund Vacancy Savings and AUTHORIZE a grant to the First Lynnhaven Baptist Church re offset a portion of the costs associated with the Youth Enrichment Summer Camp K.2. Ordinance to APPROPRIATE$224,520 from ADOPTED 1 I-0 Y Y Y Y Y Y Y Y Y Y Y the Tourism Investment Program(TIP)Fund to the FY 2024-25 Economic Development Operating Budget re continue Freebee Services through October 31,2024 K.3. Ordinance to APPROPRIATE$75,000 from the ADOPTED,BY 10-0 Y l" Y Y 1' Y Y Y Y Y A Tourism Investment Program(TIP)Fund to the CONSENT B FY 2023-24 Non-Departmental Operating S Budget/AUTHORIZE a grant to the Virginia 'I' Beach Jaycees re enhancements to the East A Coast Surfing Championship(ECSC) I N E D KA. Resolution to ESTABLISH a Stormwater ADOPTED 9-3 Y Y Y Y Y Y Y Y N Y N Management Implementation Advisory Group K.5. Ordinance to AUTHORIZE the acquisition in ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y fee simple for the 17' Street Improvement CONSENT Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 and the acquisition of temporary / permanent easements, either by agreement or condemnation re improved function and connectivity K.6. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Lease for up to 5 years for City- CONSENT owned property with the Virginia Beach Maritime Museum, Inc. at 240 Street and Atlantic Avenue,together with the building re "Old Coast Guard Building" K.7. Resolution to DIRECT the City Attorney to file ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y a Petition for a Writ of Special Election re CONSENT Office of Council Member,District 8 K.8. Ordinance to ADD City Code Section 33-113.3 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y re encroachments in Sandbridge Waterways CONSENT K.9. Ordinance to AMEND City Code Sections 37- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y 71,37-72 and 37-72.1 re backflow prevention CONSENT devices K.10. Ordinance to AMEND the Title of Article XII of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Chapter 35 / Sections 35-252 / 18-104.1 and CONSENT REPEAL City Code Sections 18-59/18-60 re taxes upon businesses that rent tangible personal property K.11. Ordinance to AMEND the Title of Article VII ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Chapter 35 and City Code Sections 35-158/35- CONSENT 161 through 35-169 re Transient Occupancy Tax CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:06/18/2024 PAGE: 3 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I_L R Y N K D F N R N N 11 K.12. Ordinance to ADOPT a revised Policy re remote ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y participation by Council Members in Council CONSENT Meetings K.1 3. Resolution to RE-ADOPT Procedures re ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Selection,Evaluation and Award of Design- CONSENT Build and Construct Management Contracts K.14. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a 5' City-owned drainage CONSENT and utility easement at 2116 West Admiral Drive reconstruct and maintain a boat lift, vinyl bulkhead, and an existing wood bulkhead DISTRICT 8 K l� Ordinance to AUTHORIZE the execution of a ADOPTED 11-0 Y l Y 1" l 1 1" l 1" Y Y Cost Participation Agreement with TFJG Canopy,LLC and APPROPRIATE$]-Million from the Fund Balance of the General Fund to the FY 2024-25 Planning Operating Budget to meet obligations re construction of intersection improvements at Laskin Road and Winwood Drive K.16. Resolution to RENEW permits to ALLOW ADOPTED,BY 11-0 Y 1" 1" 1 1 1" 1" Y 1 Y Y Emergency Medical Services agencies to CONSENT operate in the City re American Medical Response Mid-Adantic, Inc.; Children's Hospital of King's Daughters; Lifecare Medical Transports,Inc.;MB Solutions,LLC; Midwest Medical Transport; Nightingale Regional Air Ambulance; Reliance Medical Transport;Robbie's Ambulance Service,Inc.; Special Event Providers of Emergency Medical, Inc. and Tidewater Medical Transport,Inc. K.17. Ordinance to APPOINT Dana R.Harmeyer to ADOPTED,BY 11-0 1" 1' Y 1 Y Y Y Y Y Y Y the position of Deputy City Attorney,effective CONSENT July 11,2024 K.l 8. Ordinance to APPOINT Victoria R.Eisenberg to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the position of Deputy City Attorney,effective CONSENT July 11,2024 K.19. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager effective July 1,2024 CONSENT K.20. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Attorney effective July 1,2024 CONSENT K.21. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y 1' Y Y Y Clerk effective July 1,2024 CONSENT K.22. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Real Estate Assessor effective July 1,2024 CONSENT K.23. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Auditor effective July 1,2024 CONSENT K.24. Ordinance to ACCEPT a donation of Radiation ADOPTED,BY 11-I I Y Y Y Y Y Y Y Y Y Y Y Detection Equipment from the STC Program re CONSENT replace Fire Department aging and outdated equipment CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:06/18/2024 PAGE: 4 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N K.25. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $2,155,634 from the Virginia Office of CONSENT Children's Services to the FY 2023-24 Human Services Operating Budget /AUTHORIZE a local match of$538,762 re Children's Services Act(CSA)Program K.26. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $237,658 from the Virginia Department of CONSENT Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re support the Permanent Supportive Housing Program K.27. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $200,000 from the Virginia Department of CONSENT Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re modernize the Electronic Healthcare Record System K.28 Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $99,452 and $56,830 from the Virginia CONSENT Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re expand Community Based Substance Use Services L.I CARL R.ELLIS,JR for a Variance to Section APPROVED/ 10-1 Y Y Y Y Y Y Y Y Y Y N 4.4(b) of the Subdivision Regulations re CONDITIONED subdivide the lot to create two (2) single- family dwelling lots at 2620 Broad Bay Road DISTRICT 8 M. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS&RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS Wd Lb:L INIaNNuflOf(IV d ss3NlsflB M3N 'O N N )I N 3 Q x N A 'd I 3.LOA NOI.LOw .L33fHfls #wall 3 O O V s N O O 3 3 H V4NT!)V y s 'I w fl O I s 'I A O 0 1 A 1 O IN w 3 N Q O 0 I V fl 'd IN 3 H 3 fl M M I H V if O H "I 0 H 1 lI S :3DVd 4ZOZ/8l/90:MLV(l s fl 3 s H 9 s O S)KOILJV MAU2OO JOANVIVMIIS N MV98 VIA/IJNIA.40 dZI.3