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HomeMy WebLinkAbout12-3-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large �r11A B� VICE MAYOR ROSEMARY WILSON-District 5 J1,�yG may." cyL MICHAEL F.BERL UCCHI-District 3p BARBARA M.HENLEY-District 2 y DAVID HUTCHESON-District 1 LZ v S ROBERT W. "WORTH"REMICK-District 6 DR.AMELIA N.ROSS-HAMMOND-District 4 JENNIFER ROUSE-District 10 '•, :t` JOASHUA F. "JOASH"SCHULMAN-District 9 °" OUR M.T°♦5 CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE C17Y MANAGER-PA TRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 C17YATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITYAVDITOR-IYNDONS.REMIAS December 3,2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 1:30 PM A. STORMWATER OVERVIEW L.J. Hansen, Director—Public Works B. FLOOD PROTECTION PROGRAM AND FINANCING UPDATE 2:00 PM Toni Utterback, City Engineer Kevin Chatellier, Director—Budget C. STORMWATER ERU CAPACITY AND RATE ANALYSIS 2:30 PM Kaitlyn James, Deputy Director—Budget D. COASTAL RISK STORM MANAGEMENT 3:00 PM FINANCIAL CONSIDERATIONS L.J. Hansen, Director—Public Works E. CIP RETREAT PRE-BRIEFING/ STORMWATER 3:30 PM Melanie Coffey, Stormwater Regulatory Compliance Manager—Public Works Jonas Alered,Waterway Maintenance Engineer—Public Works F. CIP RETREAT PRE-BRIEFING/ROADWAYS 4:00 PM David Jarman, Transportation Division Manager—Public Works II. CITY COUNCIL LIAISON REPORTS 4:45 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 5:00 PNI IV. CITY COUNCIL AGENDA REVIEW 5:15 PM V. INFORMAL SESSION - Conference Room- 5:30 P!Nl 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 Reverend Tom Pitman Pastor, Kempsville Presbyterian Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 12,2024 2. INFORMAL AND FORMAL SESSIONS November 19,2024 3. SPECIAL FORMAL SESSION November 21, 2024 H. MAYOR'S PRESENTATION 1. RESOLUTION—OPERATION SAFE HAVEN Kelly Wright, Assistant Squad Commander/EMT—Plaza Volunteer Rescue Squad I. PUBLIC HEARINGS I. PROPOSED PROPERTY TAX EXEMPTIONS Domi Deeds My Favorite Charity Events Organization Fight for CF Foundation Kaizen Adaptive Training, Inc. Aid Another Healing of the Soul Ministry STSTLT, Inc. Alanton Baycliff Recreation Center, Inc. Powerful Living Ministry Pride Industries 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Northampton Boulevard and Baker Road Pedestrian Crossing Improvements Project CIP 100423.091 3. ACQUISITION, BY AGREEMENT OR CONDEMNATION Violet Bank Trail Project CIP 100558 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES 1. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from the Heirs of the Estate of Mary Alice Gilbert (100.36 +/- acres), the issuance by the City of its contract obligations in the maximum principal amount of$772,772 and TRANSFER funds to purchase U.S. Treasury Strips 2. Ordinance to AUTHORIZE the acquisition of property in fee simple, either by agreement or condemnation re Eastern Shore Drive Drainage Improvements Section I — Phase II Poinciana Pump Station Project, CIP 100599 3. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by agreement or condemnation re Eastern Shore Drive Drainage Improvements Phase I, Sections 1B, 1C.2, 1D and 1E Project,CIPs 100150, 100153, 100167, and 100538 4. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by agreement or condemnation re Elizabeth River Wetland and Floodplain Restoration Project, CIP 100551 5. Ordinance to AMEND Summary of Terms to ALLOW an extension of the closing date on the sale of City-owned property at 3000 Barberry Lane to Joseph P. Heilman and Amy L. Heilman 6. Ordinance to CONVERT six (6) part-time Paramedic positions to two (2) full-time Paramedic positions within the FY 2024-25 Emergency Medical Services Operating Budget 7. Ordinance to APPROPRIATE $1,015,491 of Fund Balance from the General Fund and TRANSFER as Pay-Go funding to Capital Project #100536 "Creeds Training Center Renovations"re award a construction contract and authorize inspection services 8. Ordinance to ACCEPT and APPROPRIATE $839,309.49 and an additional $25,179.28 from Federal Emergency Management Agency (FEMA) to the FY 2024-25 Fire Department Operating Budget for mobilization and administration of Virginia Task Force 2 re Tropical Cyclone Debby 9. Ordinance to ACCEPT and APPROPRIATE $833,785 from the Virginia Opioid Abatement Authority (VOAA) to the FY 2024-25 Human Services Operating Budget and AUTHORIZE a $10,000 local match, ACCEPT and APPROPRIATE $40,000 from the cities of Chesapeake, Norfolk, Portsmouth and Suffolk to the FY 2024-25 Human Services Operating Budget re address the opioid epidemic 10. Ordinance to ACCEPT and APPROPRIATE $304,749 in aid to Localities Grant Funding from the Virginia Department of Fire Programs to the FY 2024-25 Fire Department Operating Budget re training, construction of training centers, firefighting equipment and protective clothing 11. Ordinance to ACCEPT and APPROPRIATE $145,372 from Federal Emergency Management Agency (FEMA) to the FY 2024-25 Fire Department Operating Budget re purchase of equipment for Virginia Task Force 2 12. Ordinance to ACCEPT and APPROPRIATE $40,000 and an additional $20,500 from the Department of Homeland Security to the FY 2024-25 Fire Department Operation Budget re support the Special Operations Technical Rescue and Hazmat Teams 13. Ordinance to ACCEPT and APPROPRIATE $13,256 from the Department of Homeland Security to the FY 2024-25 Fire Department Operating Budget re Fire Department's Marine Team 14. Ordinance to ACCEPT and APPROPRIATE $7,480 and an additional $224.40 from Federal Emergency Management Agency (FEMA) to the FY 2024-25 Fire Department Operating Budget for mobilization and administration of Virginia Task Force 2 re Tropical Cyclone Francine L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents)is available at https:Hclerk.virs;iniabeach. ov/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius(&,vb ov.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: hUs://vbgov.webex.com/weblink/register/rc5ddfec57cfe2ccf62136487fd8d22cb 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on Tuesday, December 3, 2024. I. CITY MANAGER'S BRIEFINGS - Conference Room- 1:30 PM A. STORMWATER OVERVIEW L.J. Hansen, Director—Public Works B. FLOOD PROTECTION PROGRAM AND FINANCING UPDATE 2:00 PM Toni Utterback, City Engineer Kevin Chatellier, Director—Budget C. STORMWATER ERU CAPACITY AND RATE ANALYSIS 2:30 PM Kaitlyn James, Deputy Director—Budget D. COASTAL RISK STORM MANAGEMENT 3:00 PM FINANCIAL CONSIDERATIONS L.J. Hansen, Director—Public Works E. CIP RETREAT PRE-BRIEFING: STORMWATER 3:30 PM Melanie Coffey, Stormwater Regulatory Compliance Manager— Public Works Jonas Alered, Waterway Maintenance Engineer—Public Works F. CIP RETREAT PRE-BRIEFING: ROADWAYS 4:00 PM David Jarman, Transportation Division Manager—Public Works II. CITY COUNCIL LIAISON REPORTS 4:45 PM III. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 5:00 PM I V. CITY COUNCIL AGENDA REVIEW 5:15 PM V. INFORMAL SESSION - Conference Room- 5:30 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 Reverend Tom Pitman Pastor, Kempsville Presbyterian Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 12, 2024 2. INFORMAL AND FORMAL SESSIONS November 19, 2024 3. SPECIAL FORMAL SESSION November 21, 2024 H. MAYOR'S PRESENTATION 1. RESOLUTION — OPERATION SAFE HAVEN Kelly Wright, Assistant Squad Commander/ EMT—Plaza Volunteer Rescue Squad I. PUBLIC HEARINGS 1. PROPOSED PROPERTY TAX EXEMPTIONS Domi Deeds My Favorite Charity Events Organization Fight for CF Foundation Kaizen Adaptive Training, Inc. Aid Another Healing of the Soul Ministry STSTLT, Inc. Alanton Baycliff Recreation Center, Inc. Powerful Living Ministry Pride Industries 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Northampton Boulevard and Baker Road Pedestrian Crossing Improvements Project CIP 100423.091 3. ACQUISITION, BY AGREEMENT OR CONDEMNATION Violet Bank Trail Project CIP 100558 1 NOTICE OF PUBLIC HEARING Proposed Exemptions from Local Property Taxation by Designation On Tuesday,December 3,2024 at 6:00 pm in City Council Chamber, which is 2401 Courthouse Drive,the City Council of the City of Virginia Beach will hold a public hearing on ordinances to exempt from local property taxes (all amounts rounded to the nearest dollar): Doml Deeds, which has a personal property assessment of$4,150 and personal property taxes assessed against such property at$66 annually; My Favorite Charity Events Organization, which has a personal property assessment of$2,091 and personal property taxes assessed against such property at$33 y annually;Fight for CIF Foundation,which has a personal property assessment of$3,136 and personal property tax assessed against such property at $50 annually; Kalzen Adaptive Training Inc., which has a personal property assessment of$37,686 and personal property taxes assessed against such property at$603 annually; Aid Another, which has a personal property assessment of$1,445 and personal property taxes assessed against such property at$23 annually;Healing of the Soul Ministry, which has a personal property assessment of $2,928 and personal property taxes assessed against such property at$47 annually;STSTLT, Inc.,which has a personal property assessment of$1,627 and personal property taxes assessed against such property at$26 annually;Manton Baycltff Recreatlon Center,Inc.,which has a real Property assessment of $824,300 and real Property taxes assessed against such property at $7,996 annually and a personal property assessment of$283,490 and personal property taxes assessed against such property at$4,536 annually;Powerful Living Ministry,which has a personal property assessment of $415 and personal property taxes assessed against such property at$7 annually;and Pride Industries, which has a personal property assessment of $206,174 and personal property taxes assessed against such property at $3,299 annually. Copies of a proposed ordinances are on file in the office of the City Clerk. All interested persons are welcome to appear at the hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303;hearing impaired,call Virginia Relay at 1-800-828-1120. If you wish to make comments virtually during the public hearing please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on December 3,2024. 2. Download WebEx and view the meeting at: httOS://Vbi!ov.webex.com/weblink/`registe t/rc5ddfer57cfe2ccf62136487fd8d22 6 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-NOVEMBER 26,2024 Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate Domi Deeds, My Favorite Charity Events Organization, Fight CF Foundation, Kaizen Adaptive Training, Inc., Aid Another, Healing of the Soul Ministry, STSTLT, Inc., Alanton Baycliff Recreation Center, Inc., Powerful Living Ministries, and Pride Industries as Being Exempt from Local Property Taxation PUBLIC HEARING: December 3, 2024 MEETING DATE: December 10, 2024 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are.- 1 . Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner of the Revenue has received ten applications for tax exemption by designation, which are presented for the City Council's action. The Commissioner has reviewed the applications presented for formal action and finds each meets the City Council policy for Tax Exemption by Designation. One application (Alanton Baycliff Recreation Center, Inc.) requests exemption from real property taxes. The rest of the applications only seeks exemption from personal property taxes. ■ Alternative: City Council is not required to approve exemption requests. ■ Public Information: A public hearing for these items is scheduled for December 3, 2024, during the Council Formal Session. An advertisement for the public hearing appeared in the Pilot more than seven days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinances (10); Commissioner of Revenue Summary of the Applications (10); Disclosure Forms (10); Council Policy Submitted pursuant to City Council Policy adopted May 6, 2008. 1 AN ORDINANCE TO DESIGNATE DOMI DEEDS AS BEING 2 EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Domi Deeds; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Domi 12 Deeds a charitable organization within the context of§6(a)(6)of Article X of the Constitution of 13 Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Domi Deeds located within the City of Virginia 16 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt 17 from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Domi Deeds for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Domi Deeds shall file with the Commissioner of the Revenue a 25 copy of its most recent federal income tax return, or if no such return is required, 26 it shall certify its continuing tax exempt status to the Commissioner of the 27 Revenue; 28 29 (c) that every three years, beginning on January 1, 2027, Domi Deeds shall file an 30 exemption application with the Commissioner of the Revenue as a requirement 31 for retention of the exempt status of the property; and 32 33 (d) that Domi Deeds cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S NCY: Commissioner of the Revenue ne Office CA16692 R-1 November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: DOMI DEEDS LOCATION ADDRESS: 223 63rd Street, Virginia Beach VA 23451 SCC STATUS: Active as of 11/12/2024 WEBSITE: NONE SUMMARY OF NONPROFIT BUSINESS ACTIVITY DomiDeeds purpose in to bring people together through an online platform to assist people in the local community who would like to serve or volunteer to help local and national charities at no cost to the public. The online platform will allow people to find volunteer opportunities, as well as donate time to the organizations, and help with events the charities may have upcoming. TAX IMPACT Real Property Parcel Assessment: NONE Tax: Business Property Assessment: 4,150.00 Tax: 66.40 Personal Property Assessment: NONE Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—February 18, 2016 OFFICERS/COMPENSATION Jeff Watts Executive Director $0.00 Karen Watts Secretary/Treasurer $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION I / APPLICANT DISCLOSURE -2zy-nls Organization name: Im- SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: FNO SERVICE PROVIDER (use additioYESeeded) nat sheets if Accounting and/or preparer of �L your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable) [] i Legal Services Broker/Contractor/Engineer/Other Service Providers I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. l understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. i APPLIC T'S SIGNATUR -PRIN7 NAME DATE/ 1 ORDINANCE TO DESIGNATE MY FAVORITE CHARITY 2 EVENTS ORGANIZATION AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to My Favorite Charity Events Organization; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates My 13 Favorite Charity Events Organization, a charitable organization within the context of§6(a)(6)of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by My Favorite Charity Events Organization located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by My Favorite Charity Events Organization for 23 exclusively charitable purposes; 24 25 (b) that each July 1, My Favorite Charity Events Organization shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2027, My Favorite Charity 31 Events Organization shall file an exemption application with the Commissioner of 32 the Revenue as a requirement for retention of the exempt status of the property; 33 and 34 35 (d) that My Favorite Charity Events Organization cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1 , 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ZZ - W - ___z 4 Commissioner of the-Revenue Atones Office CA16693 R-1/November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: MY FAVORITE CHARITY EVENTS ORGANIZATION, LLC LOCATION ADDRESS: 1200 Mediterranean Ave,Virginia Beach, VA 23451 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.myfavoritecharityevents.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Our charity is unique in that we are a local charity with very specific programs and work directly with the school and provide very focused support rather than generic support provided by many charities.This is impactful because the children are receiving the precise instruction,they need in math to build math fundamentals and ultimately either pass or show progress on the SOL assessments and the children receive Christmas gifts that they really have asked Santa for. They accomplish their mission two ways, academically through free mathematics tutoring programs, and humanitarianly through the Christmas for Kips program. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 2,091.00 Tax: $33.46 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—June 15, 2022 OFFICERS/COMPENSATION Alberta S. Valli Director $0.00 Robert L. Valli,Jr. Vice President/Secretary $0.00 Vanessa Abbot Officer $0.00 Bryson Turner Chairman $0.00 Jessica Lin Officer/Director $0.00 Jess Web Officer/Director $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: 00-9 R,U i z,-t ,CA SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return rFinancial Services (include Na itl�Ci r ; A/ lending/banking institutions and ❑ current mortgage holders as V30 a licable) VQ ,-2-3 .2�0 ❑ F;?l Legal Services Broker/Con tractor/Engineer/Other ❑ Service Providers EPkj!�CANT'SSIG ATION: t all of the information contained in this Disclosure Statement Form is rue, and accurate. nd I am responsible for updating the information provided herein if it ior to the Council action upon this Application. IG ATu PRINT NAME DATE 1 ORDINANCE TO DESIGNATE FIGHT CF FOUNDATION AS 2 BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Fight CF Foundation; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Fight CF 12 Foundation a charitable organization within the context of § 6(a)(6) of Article X of the 13 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Fight CF Foundation located within the City of 16 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Fight CF Foundation for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Fight CF Foundation shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2027, Fight CF Foundation shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d)that Fight CF Foundation cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S IENCY: Commissioner of the Revenue ttorney's Office CA16694 R-1/November 15, 2024 COVER SHEET PJK ENTITY NAME: FIGHT CF FOUNDATION LOCATION ADDRESS: 1832 Clifton Bridge Drive, Virginia Beach, VA 23456 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.fightcffoundation.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Fight CF Foundation is a nonprofit organization dedicated to taking the fight to cystic fibrosis in Hampton Roads, VA. Fight CF funds critical research needed to develop life-sustaining medication and treatments for cystic fibrosis on the road to a cure. Fight CF also provides needed assistance to qualifying CF patients in Hampton Roads through our two local CF Care Centers at Children's Hospital of the King's Daughters and Naval Medical Center, Portsmouth. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 3,136.00 Tax: $50.18 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—January 8, 2023 OFF ICERS/COMPENSATION Chris Hutcheson Board President $0.00 Laura Lumagui Board VP $0.00 Molly Hundley Board Secretary $0.00 Shannon Townsend Board Treasurer $0.00 Josh Taylor Executive Director $0.00 Morgan Lucas Marketing & Development Dir $0.00 Sam Rapoport Fundraising Director $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: _�► iT �F_r '' �' ��__ SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service YES [NO71 SERVICE i PROVIDER (use additional sheets if needed) Accounting and/or preparer of I ., (C I . I AMD your tax return " } �'t Financial Services (include ❑ lending/banking institutions and 1G '1!�FjA� current mortgage holders as 1 applicable) _ _-._ _ 1►^�F� ' Legal Services LA4F* GAAA U I , STD I Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. APPLICANTS SIGNATURE f PRINT NAME I DATE 1 ORDINANCE TO DESIGNATE KAILEN ADAPTIVE 2 TRAINING, INC. AS BEING EXEMPT FROM LOCAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Kaizen Adaptive Training, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Kaizen 13 Adaptive Training, Inc. a charitable organization within the context of§ 6(a)(6)of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Kaizen Adaptive Training, Inc. located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Kaizen Adaptive Training, Inc. for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Kaizen Adaptive Training, Inc. shall file with the Commissioner 26 of the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1 , 2027, Kaizen Adaptive Training, 31 Inc. shall file an exemption application with the Commissioner of the Revenue as 32 a requirement for retention of the exempt status of the property; and 33 34 (d)that Kaizen Adaptive Training, Inc. cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL CIENCY: ` Commissioner of the Revenue Attorney's Office CA16695 R-1/November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: KAIZEN ADAPTIVE TRAINING< INC LOCATION ADDRESS: 529 Virginia Beach Blvd#C, Virginia Beach, VA 23451 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.kaizenathleticsvb.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Kaizen Adaptive Training provides an ail-inclusive training facility for individuals with long-term physical or traumatic impairments (visible/invisible)through movement and community. We make fitness training accessible and for everyone regardless of ability. It is a honor to serve our wounded warriors, veterans, first responders, law enforcement officers, and our adaptive community. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 37,686.00 Tax: $602.98 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—January 19, 2022 OFFICERS/COMPENSATION Emily Kramer Throckmorton President 8,640.00 Lee Throckmorton Secretary $0.00 Diane Moritz Treasurer $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: _kL _1 rgin i'n� SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NOF SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable) Legal Services ❑ CTI Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. AP PL NT'S SIGNATURE PRINT NAME DATE /i - 3 1 ORDINANCE TO DESIGNATE AID ANOTHER AS BEING 2 EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Aid Another; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Aid 12 Another a charitable organization within the context of§ 6(a)(6) of Article X of the Constitution 13 of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Aid Another located within the City of Virginia 16 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt 17 from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Aid Another for exclusively charitable purposes; 22 23 (b) that each July 1, Aid Another shall file with the Commissioner of the Revenue a 24 copy of its most recent federal income tax return, or if no such return is required, 25 it shall certify its continuing tax exempt status to the Commissioner of the 26 Revenue; 27 28 (c) that every three years, beginning on January 1, 2027, Aid Another shall file an 29 exemption application with the Commissioner of the Revenue as a requirement 30 for retention of the exempt status of the property; and 31 32 (d) that Aid Another cooperate fully with the Commissioner of the Revenue with 33 respect to audit of its financial records and compliance with the terms of this 34 ordinance. 35 36 4. That the effective date of this exemption shall be January 1 , 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL FFI NCY: Commissioner of the Revenue orney's Office CA16696 R-1/November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: AID ANOTHER LOCATION ADDRESS: 3509 Virginia Beach Blvd, Virginia Beach VA 23452 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.aidanother.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Promote and empower the unique talents and visions of individuals with a disability. Aid Another provides inclusive educational, cultural, and recreational programs that are designed to reduce isolation and enhance social settings. Aid Another completes this mission through an array of programs that include,dance development, art education, social club, and athletics. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 1,445.00 Tax: $23.12 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—May 15, 2021 OFFICERS/COMPENSATION Alex Brown President $0.00 Ryan Ross Treasurer $0.00 Jessie Molinary Secretary $0.00 Angellica Schulman Vice Pres $0.00 Christopher Owens Director at Large $0.00 Christine Ross Director $65,000.00 Samara Williams Director at Large $0.00 Bree Jensen COO $36,000.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: __Aid Another______________ SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparer of The ARK Team your tax return Lilly Mbinglo Financial Services (include Towne Bank X lending/banking institutions and Truist current mortgage holders as applicable) X Legal Services ED X Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 6. R,g 4, Christine Ross 10/8/24 APPLICANT'S SIGNATURE PRINT NAME i DATE 1 ORDINANCE TO DESIGNATE HEALING OF THE SOUL 2 MINISTRY AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Healing of the Soul Ministry; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Healing of 13 the Soul Ministry a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Healing of the Soul Ministry located within the City 17 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Healing of the Soul Ministry for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Healing of the Soul Ministry shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2027, Healing of the Soul 31 Ministry shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d) that Healing of the Soul Ministry cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1 , 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL FFI ENCY: Commissioner of the Revenue C. orney's Office CA16697 R-1/November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: HEALING OF THE SOUL MINISTRY LOCATION ADDRESS: 1077 Charity Drive, Virginia Beach VA 23455 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.ministry4souIheaIing.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY HOSM is a religious organization operating as a para church organization whose goal is to provide religious training and understanding. HOSM provides virtual Christian ministry and prayer counseling sessions to address and bring healing to those with wounded hearts, childhood and other underlying emotional hurts, and relationship disappointments. Ministry services are provided at an affordable fee for a defined length of time, with all recipients being charged the same fee. The goal is to help people and to heal souls, not financial gain. The fees charged and fund raised are to cover the expenses of the organization. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 2,927.50 Tax: $46.84 Personal Property Assessment. None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 11, 2022 OFFICERS/COMPENSATION Rosalind Marie Stanley President $40% per Session $115.00 Arthur Stanley Chaplin $0.0D Judy Lassiter Secretary $40% per Session $115.00 Ashley Dominguez Treasurer $0.00 Melissa Peele Director $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APf LICANT DISCLOSURE Organization name: _ SECTION 2. SERVIC DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES FN SERVICE PROVIDER (use additional sheets if needed) ❑ EDI Accounting and/or preparer of your tax return ❑ Q/ Financial Services (include lending/banking institutions and current mortgage holders as a licable) { ❑ Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement F]nif complete, true, and accurate. I understand I am responsible for updating the information provided chan prior to the Council action upon this Application. APPLIC NT'S SIGNATURE PRI NAME r 1 ORDINANCE TO DESIGNATE STSTLT, INC. AS BEING 2 EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to STSTLT, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates STSTLT, 12 Inc. a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of 13 Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by STSTLT, Inc. located within the City of Virginia 16 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt 17 from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by STSTLT, Inc. for exclusively charitable 22 purposes; 23 24 (b) that each July 1, STSTLT, Inc. shall file with the Commissioner of the Revenue a 25 copy of its most recent federal income tax return, or if no such return is required, 26 it shall certify its continuing tax exempt status to the Commissioner of the 27 Revenue; 28 29 (c) that every three years, beginning on January 1, 2027, STSTLT, Inc. shall file an 30 exemption application with the Commissioner of the Revenue as a requirement 31 for retention of the exempt status of the property; and 32 33 (d) that STSTLT, Inc. cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APP D AS TO LEGAL FFICIE CY: �r Commissioner of the Revenue L \ i ney's ffice CA16698 R-1/November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: STSTLT, INC LOCATION ADDRESS: 2104 Thoroughgood Rd,Virginia Beach VA 23455 SCC STATUS: Active as of 11/12/2024 WEBSITE: NONE—Facebook Only SUMMARY OF NONPROFIT BUSINESS ACTIVITY To promote the health of the Hampton Roads, Northeastern North Carolina, and the Eastern Shore of Virginia's feral cat population and reduce the instances of euthanasia by, assisting cat colony caretaker with fundraising for spay/neuter operations. Provide funding for spay/neuter operations to cat owners who cannot afford to do so themselves, and advocate for the use of spayed/neutered cats as companion animals for the elderly or disabled. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 1,627.00 Tax: $26.03 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—May 11, 2023 OFFICERS/COMPENSATION N. Lynn Nelson President $0.00 Ruth Crenin Vice President $0.00 Renee Rice Treasurer $0.00 Brittany Coutcher Secretary $0.00 Helen Putre Director $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: S7S�TL: - --------------------- SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: FES NO SERVICE I IPROVIDER(useadditional sheets if cc,�,--��,. needed) Accounting and/or preparer of el ILtooc 0 your tax return Financial Services (include ��,, `� 0" lending/banking institutions and 1 r current mortgage holders as applicable) Legal Services rwd -'k �a n [ t Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement]IDLE complete, true, and accurate. I understand I am responsible for updating the information provided changes prior to the Council action upon this Application. L4 e-N f APPLI ANT'S SIG TURF IN NAME 1 ORDINANCE TO DESIGNATE ALANTON BAYCLIFF 2 RECREATION CENTER, INC. AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Alanton Baycliff Recreation Center, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Alanton 13 Baycliff Recreation Center, Inc. a charitable organization within the context of § 6(a)(6) of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Alanton Baycliff Recreation Center, Inc. 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Alanton Baycliff Recreation Center, Inc. for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Alanton Baycliff Recreation Center, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2027, Alanton Baycliff 31 Recreation Center, Inc. shall file an exemption application with the 32 Commissioner of the Revenue as a requirement for retention of the exempt 33 status of the property; and 34 35 (d) that Alanton Baycliff Recreation Center, Inc. cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be July 1, 2024. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: AP ED AS TO LEGAL FFICI CY: ommissioner of the Revenue City ey s Office CA16699 R-1/November 15, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: ALANTON BAYCLIFF RECREATION CENTER, INC LOCATION ADDRESS: 1500 Stephens Road, Virginia Beach VA 23454 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.abrcpool.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Neighborhood social club who operates a neighborhood pool, supports a community swim team and well as other neighborhood events for local charities. TAX I M PACT Real Property Parcel Assessment: 824,300.00 Tax: $7,995.72 Business Property Assessment: 283,490.00 Tax: $4,535.84 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 7 status—April 2002 OFFICERS/COMPENSATION Steve Brown President $0.00 Erik Grossgold Vice President $0.00 Craig Reed Treasurer $0.00 Joy Messie Director-Membership $0.00 Brian Walinski Director-Buildings/Grounds $0.00 James Cunningham Director-Social $0.00 Jenny Halverson Media Coordinator $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Financial Services (include J� lending/banking institutions and current mortgage holders as applicable) Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. _ __ APPLICANT's S RE PRINT AME DATE 1 AN ORDINANCE TO DESIGNATE POWERFUL LIVING 2 MINISTRY AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Powerful Living Ministry; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Powerful 13 Living Ministry a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Powerful Living Ministry located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Powerful Living Ministry for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Powerful Living Ministry shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2027, Powerful Living Ministry 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Powerful Living Ministry cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SYFFICIENCY: Commissioner of the Revenue Attorneys Office CA16772 R-1 November 21, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: POWERFUL LIVING MINISTRY LOCATION ADDRESS: 2933 Dante Place, Virginia Beach VA 23453 SCC STATUS: Active as of 11/12/2024 WEBSITE: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY Powerful Living Ministry's purpose is to train men and women for work of Ministry and local missions. To provide outreach to the homeless, youth, military, and prisoners. Provide religious training to students enrolled in the school and send literature to prisoners and youth detention homes. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 415.00 Tax: $6.56 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 29, 2021 OFFICERS/COMPENSATION Sharon Cason President $3,300.00 Lucille Turner Vice Pres/Treasurer $0.00 Jeneen Johnson Secretary $0.00 Angelo Cason Chairman $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: _ ____ SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES FNO] F SERVICE PROVIDER (use additional sheets if needed) G:21 Accounting and/or preparer of your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable)__ 1rui.\S lJG�-t 1 Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Cascm APPLICANT'S SIGNATURE PRINT NAME j DATE 1 AN ORDINANCE TO DESIGNATE PRIDE INDUSTRIES AS 2 BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Pride Industries; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Pride 12 Industries a charitable organization within the context of§6(a)(6)of Article X of the Constitution 13 of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Pride Industries located within the City of Virginia 16 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt 17 from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Pride Industries for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Pride Industries shall file with the Commissioner of the Revenue 25 a copy of its most recent federal income tax return, or if no such return is 26 required, it shall certify its continuing tax exempt status to the Commissioner of 27 the Revenue; 28 29 (c) that every three years, beginning on January 1, 2027, Pride Industries shall file 30 an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d)that Pride Industries cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2024. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL NCY: Commissioner of the Revenue Z;ttorney's Office CA16769 R-1 November 19, 2024 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: PRIDE INDSTRIES LOCATION ADDRESS: 813 S Independence Blvd #A3, Virginia Beach VA 23455 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.prideindustries.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Operates a workforce inclusion office in Virginia Beach to serve people with disabilities, within Pride's operations and with our business partners in the community. Pride currently provides space at the business partner's location to store janitorial equipment and service contracts. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 206,174.00 Tax: $3,298.78 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—July 2000 OFFICERS/COMPENSATION Jeff Derm President/CEO $536,341 Casey Blake COO $0.00 Charles Sharp CFO $154,373 Tina Oliveira Secretary $213,363 Robert Olsen Director $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 f APPLICANT DISCLOSURE Organization name: PRIDE Industries SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: F- FY E5 NO SERVICE PROVIDER(use additional sheets if needed) l F NAccounting and/or preparer of your tax return Financial Services (include lending/banking institutions and current mortgage holders as a licabie Legal Services Broker/Contractor/Engineer/Other 4�! Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Stephanie Goin AAPL*ANT's SIGNATURE s PRINT NAME DATE On�ina]Proposal L City Council Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 200.4 Dates of Revisions:May 6,2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Councils policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent,cultural,or public park and playground purposes. However,as provided in Virginia Code §58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Policv The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: i Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,20G4 Dates of Revisions: May 6,2008 Page 2 ,of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: I. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accgmplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City" Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Tide: City Ccunci! Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: 3,2004 Dares of Revisions: May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 S ecific Re uirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A,as well as any additional information that the applicant wishes to present to the City Council. 1� �[_t PUBLIC HEARING ACQUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, December 3,2024 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 and easements necessary for the Northampton Boulevard and Baker Road Pedestrian Crossing Improvements Project, CIP 100423.091 (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 757- 385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Public Works/Office Real Estate, Building #23, 2473 North Landing Road,at the Virginia Beach Municipal Center,(757)385- 4161. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on December 3,2024. 2. Download WebEx and view the meeting at: httoS1/�v 9ov.webex.com w hh nk/re9ister/rc5cdfec57cfe2crf 62136487fdRd99ch All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-NOVEMBER 24,2024 o --�:' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Northampton Boulevard and Baker Road Pedestrian Crossing Improvements Project, CIP 100423.091, and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: December 3, 2024 MEETING DATE: December 10, 2024 Background: The Northampton Boulevard and Baker Road Intersection Pedestrian Crossing Improvements Project, CIP 100423.091 (the "Project") was initiated to address pedestrian safety along Northampton Boulevard. Representatives from area civic leagues and neighborhoods have requested pedestrian improvements at this location. The Project will provide new pedestrian crossings, new vehicle and pedestrian signals, ADA- compliant ramps, median refuge, island modifications, curb and gutter, paving, and drainage improvements. The modifications to the curb lines and sidewalks necessitate the acquisition of right-of-way and easements. ■ Considerations: The Project will require property and/or easements from three (3) privately owned parcels. No residences or businesses are anticipated to be displaced by the Project. Public Information: An advertised public hearing will be held on December 3, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which could delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: ew 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE NORTHAMPTON BOULEVARD AND 4 BAKER ROAD PEDESTRIAN CROSSING 5 IMPROVEMENTS PROJECT, CIP 100423.091, 6 AND THE ACQUISITION OF TEMPORARY 7 AND PERMANENT EASEMENTS EITHER BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, the Northampton Boulevard and Baker Road Pedestrian Crossing 11 Improvements Project, CIP 100423.091 (the "Project") is part of the Traffic Safety 12 Improvements IV program for intersections and road segments where minor modifications 13 can increase traffic capacity and safety; and 14 15 WHEREAS, the Project will provide new pedestrian crossings, new vehicle and 16 pedestrian signals, ADA-compliant ramps, median refuge, island modifications, curb and 17 gutter, paving, and drainage improvements; and 18 19 WHEREAS, the Project's modifications to the curb lines and sidewalks necessitate 20 the acquisition of right-of-way and easements; and 21 22 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 23 public necessity exists for the construction of this important transportation Project to provide 24 pedestrian accessibility and traffic safety improvements to improve access to the 25 surrounding areas, for the preservation of the safety, health, peace, good order, comfort 26 and convenience and for the welfare of the people in the City of Virginia Beach. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 Section 1. That the City Council authorizes the acquisition by purchase or 32 condemnation pursuant to Sections 15.2-1901 , et seq., Sections 33.2-1007, et seq., and 33 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 34 simple, including temporary and permanent easements (the "Property"), as shown on the 35 Project plans entitled "NORTHAMPTON BOULEVARD AND BAKER ROAD PEDESTRIAN 36 CROSSING IMPROVEMENTS OFC 100.423.091" and more particularly described on the 37 acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the 38 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 39 Beach, Virginia. 40 41 Section 2. That the City Manager is hereby authorized to make or cause to be made 42 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 43 offer to the owners or persons having an interest in said Property. If refused, if the property 44 owners are unable to convey clear title, or if the owners cannot be identified or located, the 45 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 46 to condemn to acquire title to the Property. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 49 , 2024. CA16551 R-1 10/24/2024 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d015\p050\00966455,doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BLIC WO KS/REAL ESTATE CITY TTOF� EY W E M S i II � gg z r� . w , ,t F V > s , I � 5 7 J" A . ., LOCATION MAP NORTHAMPTON BOULEVARD AND BAKER ROAD PEDESTRIAN Legend CROSSING IMPROVEMENTS Project Area CIP# 100423.091 Feet City Property 0 50 100 200 Prepared bV P.W./Enq./Enq.Support Services Bureau 05/17/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\CIP 100423\CIP 100423 Aerial.mxc Y PUBUC HEARING ACQUISITION,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, December 3,2024 at 6,00 p.m. in the City Hall Building(Building k1)at the Municipal Center,Virginia Beach, Virginia,on the proposed acquisition, by agreement or condemnation, of easements necessary for the Violet Bank Trail project,CIP 100558(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 1.80D- 828-1120(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate, Building H23, 2473 North Landing Road, at the Virginia Beach Municipal Center, (757)385-4161. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on December 3,2024. 2. Download WebEx and view the meeting at: htLosWvb9ov.webex.com/webfi i nk/regi t r/r 5ddfe F7cf .rf 6 1 6487fd8d b All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-NOVEMBER 25,2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of temporary easements for the Violet Bank Trail project, CIP 100558, either by agreement or condemnation, and to update the capital project detail page PUBLIC HEARING DATE: December 3, 2024 MEETING DATE: December 10, 2024 e Background: The Violet Bank Trail project [CIP 100558] (the "Project") will provide an 8-foot-wide asphalt path connecting the eastern end of the improved portion of Violet Bank Drive (just west of Orkney Drive) to Selwood Drive, as well as a 5-foot- wide concrete sidewalk along the improved portion of Violet Bank Drive from Kittery Drive to the new path. The Project is approximately 0.6 miles long and is located within the existing 50'-wide public right-of-way of Violet Bank Drive, most of which is an unimproved "paper street." This route is a frequently used unimproved footpath through a wooded portion of the paper street along a stormwater ditch and is shown in the City's transportation system as a pedestrian connector. The Violet Bank Drive right-of-way parallels and is about 1,200-feet south of Providence Road, a 2-lane, 35-mph roadway with approximately 14,800 vehicles per day. Providence Road serves as the main connector between its cross streets, but its lack of sidewalks and shoulders and the deep ditches along the roadway make it unsafe for travel by pedestrians and bicyclists. The Project will provide a needed safe and accessible alternate route to Providence Road for pedestrian and bicycle travel. The Project enhances pedestrian and bicycle transportation and ADA accessibility to connect local neighborhoods to several area schools, the Kempsville Recreation Center, the Kempsville Library, shopping centers, and to existing sidewalk networks within the adjacent neighborhoods, including a shared-use path along Indian Lakes Boulevard. The installation of the Project's proposed asphalt path and sidewalk will cause impacts to trees and fences, both within the public right-of-way of Violet Bank Drive and on private property. The root systems of some trees on privately owned property will be compromised by the construction of the Project, requiring their removal. Temporary construction easements will be needed on 14 privately owned parcels for the removal of trees and fences. e Considerations: The Project will require temporary construction easements from 14 privately owned parcels. No residences or businesses are anticipated to be displaced by the Project. The ordinance also authorizes the update of the capital project detail page to include phases for site acquisition, private utility adjustment, and contingency. The updated detail page is attached to the ordinance. ■ Public Information: A virtual Citizen Information Meeting was held April 18, 2022 through May 22, 2022. An in-person Citizen Information Meeting was held on March 4, 2024. Public briefings to City Council were held on June 25, 2024, and November 19, 2024. An advertised public hearing will be held on December 3, 2024, and public notice will be provided via the normal City Council agenda process. 0 Alternatives: Deny the Ordinance, which could delay the Project. ■ Recommendations: Approval. e Attachments: Ordinance, Project Detail Page, and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: -0 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY EASEMENTS 3 FOR THE VIOLET BANK TRAIL PROJECT,CIP 4 100558, EITHER BY AGREEMENT OR 5 CONDEMNATION, AND TO UPDATE THE 6 CAPITAL PROJECT DETAIL PAGE 7 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important public project to construct ii sidewalk and public path facilities to provide safer alternative transportation options within 12 the City; to improve public access to schools, the local library and recreation center, and 13 shopping areas;to improve bikeways and trails and roadway connectivity and accessibility; 14 and to improve safety for pedestrians and bicyclists within the City; and for other related 15 public purposes for the preservation of the safety, health, peace, good order, comfort, 16 convenience, and for the welfare of the people in the City of Virginia Beach. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 Section 1. That the City Council authorizes the acquisition by purchase or 22 condemnation pursuant to Sections 15.2-1901, et seg., and Title 25.1 of the Code of 23 Virginia of 1950, as amended, of all those certain temporary easements(the"Property"), as 24 shown on the plans entitled "Violet Bank Trail" (the "Project"), and more specifically 25 described on the acquisition plats for the Project (plats and plans collectively referred to as 26 the "Plans"), the Plans being on file in the Engineering Division, Department of Public 27 Works, City of Virginia Beach, Virginia. 28 29 Section 2. That the City Manager is hereby authorized to make or cause to be made 30 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 31 offer to the owners or persons having an interest in said Property. If refused, the City 32 Attorney is hereby authorized to institute, prosecute, and settle or resolve proceedings to 33 condemn said Property. 34 35 Section 3. The capital project detail page for Project No. 100558 is hereby 36 updated to include phases for site acquisition, private utility adjustment, and 37 contingency. This updated detail page is attached hereto as "Exhibit A." 38 39 40 Adopted by the Council of the City of Virginia Beach,Virginia, on the day of 41 -- - 2024. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY PUBLIC WOkKS— REAL ESTATE CI Y EY APPROVED AS TO CONTENT C UDGET ANU MANAGEMEN SERVICES CA16590 R-1 11/20/24 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100558 Title:Violet Bank Trail Status: Approved Category: Parks&Recreation Department: PARKS AND RECREATION Ranking: 0 Project Type Project tocation Project Type: New Facility Construction/Expansion District: i Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date I FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 1,600,000 1,600,000 0 0 01 01 0 01 0 Description and Scope This project will provide a path connecting the eastern end of the improved portion of Violet Bank Drive(just west of Orkney Drive)to Selwood Drive,as well as a 5-foot-wide concrete sidewalk along the improved portion of Violet Bank Drive from Kittery Drive to the new path.The project will be approximately 0.6 miles long.This route is currently a frequently used dirt path with an existing public drainage ditch located in the middle of the right of way.The Violet Bank Drive right of way parallels Providence Road,which is a 2-lane 35-mph roadway with approximately 14,800 vehicles per day.Providence Road lacks sidewalks and shoulders making Violet Bank Drive a viable location for pedestrian facilities.The Violet Bank Trail will be approximately 1,200 feet south of Providence Road. Purpose FKe e Violet Bank Trail project will improve safety and connectivity for pedestrians and cyclists with a paved surface that will comply with the Americans with sabilities Act(ADA)design guidelines by providing accessible street crossings,a hardened path,sidewalk,and sidewalk ramps.The project will connectto the isting sidewalks in the adjacent neighborhoods allowing pedestrians to reach nearby public schools,commercial areas,and City facilities such as the mpsville Library and Kempsville Recreation Center. History and Current Status This project first appeared in the FY 2021-22 CIP.Funding for this project began in FY 2020-21.The City received Transportation Alternatives Set-Aside Program unding of$70,000 in FY 2018-19 and$248,848 in FY 2019-20,which was appropriated in CIP 100119,"City Bikeways and Trails Plan Implementation,"(formerly CIP 4-064).In December 2020,$262,848 in Transportation Alternative Set-Aside Program funding was transferred to this standalone project from CIP 100119. Total TAP fundini for this project Is$319,948.In FY 2022-23 this project received$3D0,000 in appropriations to date from various closed out projects. Operating Budget Project Map Schedule of Activities Project Activities From-To Amount " Site Acquisition 12/24-05/25 146,000 Utility Adjustment 12/24-05/25 20,000 H sctoo F'$ ^�• �""ar Construction 12/25-02/27 1,289,000 nsr, e +": ;r Contingencies 12/24-02/27 145,000 } A, + 0. Total Budgetary Cost Estimate: 1,600,000 Means of Financing �ioossa•. ,f. :a Funding Subclass Amount Local Funding 1,337,152 Federal Contribution 262,848 , y11 naRJ�'9 )fEleB .n Elemanfn� Kenk�•n milk"�. I 1 F y Total Funding: 1,600,00D EXMI T GovMax i 11/22/2024 to GUY -rot ADMIRAT ION DR�. `� sr /~�U 'QQ ` ►` SITE—� ERREII AN It NNCHAUX*UK+ GYt�iltiAVEt! Q }��� s � '.TONE CT PROVIDENCE Ir x a � W x` o W o c o 0 8 8 0,01 i ORC iND L4N: ► ���'�1* N � t✓Tt Legend ,©o t PROJECT LIMITS Violet Bank Trail Project Limits 0 500 1.000 RE VIOLET SANK TRAIL CIP# 100558 City Property Feet . nrwrr.cs«....�.te.,.ej...'sr a.,, J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from the Heirs of the Estate of Mary Alice Gilbert(100.36+/- acres),the issuance by the City of its contract obligations in the maximum principal amount of $772,772 and TRANSFER funds to purchase U.S. Treasury Strips 2. Ordinance to AUTHORIZE the acquisition of property in fee simple, either by agreement or condemnation re Eastern Shore Drive Drainage Improvements Section I — Phase 11 Poinciana Pump Station Project, CIP 100599 3. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by agreement or condemnation re Eastern Shore Drive Drainage Improvements Phase I, Sections 1B, 1C.2, 1D and lE Project, CIPs 100150, 100153, 100167, and 100538 4. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by agreement or condemnation re Elizabeth River Wetland and Floodplain Restoration Project, CIP 100551 5. Ordinance to AMEND Summary of Terms to ALLOW an extension of the closing date on the sale of City-owned property at 3000 Barberry Lane to Joseph P. Heilman and Amy L. Heilman 6. Ordinance to CONVERT six(6)part-time Paramedic positions to two(2) full-time Paramedic positions within the FY 2024-25 Emergency Medical Services Operating Budget 7. Ordinance to APPROPRIATE $1,015,491 of Fund Balance from the General Fund and TRANSFER as Pay-Go funding to Capital Project #100536 "Creeds Training Center Renovations"re award a construction contract and authorize inspection services 8. Ordinance to ACCEPT and APPROPRIATE$839,309.49 and an additional$25,179.28 from Federal Emergency Management Agency (FEMA) to the FY 2024-25 Fire Department Operating Budget for mobilization and administration of Virginia Task Force 2 re Tropical Cyclone Debby 9. Ordinance to ACCEPT and APPROPRIATE $833,785 from the Virginia Opioid Abatement Authority(VOAA)to the FY 2024-25 Human Services Operating Budget and AUTHORIZE a $10,000 local match, ACCEPT and APPROPRIATE $40,000 from the cities of Chesapeake, Norfolk, Portsmouth and Suffolk to the FY 2024-25 Human Services Operating Budget re address the opioid epidemic 10. Ordinance to ACCEPT and APPROPRIATE $304,749 in aid to Localities Grant Funding from the Virginia Department of Fire Programs to the FY 2024-25 Fire Department Operating Budget re training,construction of training centers,firefighting equipment and protective clothing 11. Ordinance to ACCEPT and APPROPRIATE $145,372 from Federal Emergency Management Agency (FEMA) to the FY 2024-25 Fire Department Operating Budget re purchase of equipment for Virginia Task Force 2 12. Ordinance to ACCEPT and APPROPRIATE $40,000 and an additional $20,500 from the Department of Homeland Security to the FY 2024-25 Fire Department Operation Budget re support the Special Operations Technical Rescue and Hazmat Teams 13. Ordinance to ACCEPT and APPROPRIATE $13,256 from the Department of Homeland Security to the FY 2024-25 Fire Department Operating Budget re Fire Department's Marine Team 14. Ordinance to ACCEPT and APPROPRIATE $7,480 and an additional $224.40 from Federal Emergency Management Agency (FEMA) to the FY 2024-25 Fire Department Operating Budget for mobilization and administration of Virginia Task Force 2 re Tropical Cyclone Francine �aVV.'O ti�'G7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice Gilbert (100.36+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $772,772, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: November 19, 2024 MEETING DATE: December 3, 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 one (1) parcel having approximately 100.36 acres outside of marshland and swampland, is owned by Elizabeth Darlene Gilbert Shelton, Connie Elaine Gilbert Bigelow and William Harvey Gilbert, Jr., heirs of the Estate of Mary Alice Gilbert. The parcel is located in the 5700 block of Blackwater Road (GPIN: 1398-26-0208) and is shown on the attached Location Map. Under current development regulations, there is a total development potential of nineteen (19) 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 $772,772. 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 4.861% 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 6.861% without the further approval of the City Council. 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 City has matching funds available for a portion of this purchase through the Virginia Department of Forestry. 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 twice by publication in a newspaper having general circulation in the City, with the first notice appearing no more than twenty-eight days before the hearing and the second notice appearing no less than seven days before the hearing (November 3, 2024 and November 10, 2024). The Public Hearing will be held on November 19, 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 Y City Manager: 4h� ' 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM THE HEIRS OF THE ESTATE OF 4 MARY ALICE GILBERT (100.36+/- ACRES), 2) THE 5 ISSUANCE BY THE CITY OF ITS CONTRACT 6 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT 7 OF $772,772, AND 3) TRANSFER OF FUNDS TO 8 PURCHASE U.S. 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 $772,772; 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 4.861% 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 6.861% 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 $241,170.02 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 66dget and anagement Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF UNDS: � 116ZL--- tkhiA� Director of Finance City Attorney' Office CA16556 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p046\01001652.doc R-1 November 1, 2024 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2024-176 SUMMARY OF TERMS SELLER: Elizabeth Darlene Gilbert Shelton, Connie Elaine Gilbert Bigelow and William Harvey Gilbert, Jr., heirs of the Estate of Mary Alice Gilbert PROPERTY: 5700 block of Blackwater Road (GPIN: 1398-26-0208) PURCHASE PRICE: $772,772 EASEMENT AREA: 100.36 acres, more or less DEVELOPMENT POTENTIAL: Nineteen (19) 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 4.861% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement ("IPA")). Rate may not exceed 6.861%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. � � — � _:� � irk,� �✓�.,' �� ;`" tr .. LOCATION MAP -�WA sosa woo- Q, ++ .r ...» ,... .... .d.. «.� «.... ,..ty .ta. ,.+ «3:_,i .. �". ,ta. '� ... «.Mwto- aW,t eY✓ >r � r ..w .....+f"'... S � ,. Y>... ... ..-,eYbl.� .x.».,,..v. _ »fit. ay✓_ �W n.."M"m.,. m8td:....H GPIN: 1398-26-0208 . " 100.36+/- Acresiw 7.7to A. IDisclosure Statement City of Vinjinm hmrh Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure r t` Applicant Name �� 1 C'-1C%l,� Does the applicant have a representative? ❑ Yes ( No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 P a 6 e Disclosure Statement "I (:t(q(4 Ylginla Hnm): Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 9 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes §�No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broke r/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 1 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?Z Yes ❑ NO • If yes,identify the firm and individual providing the service. i 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes (LN NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Disclosure Statement X" City of Vttginio Bawh Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ;�l NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes .4 NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes 14 NO • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature CAV-) e e\��;� Print Name and Title 1, -- kI 0,0-a4 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 iiy Signature op.lY !(/ Print Name Revised 11,09.2020 3 1 i' €; Disclosure Statement X13 Cifu of Virvinin Beach Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure r— Applicant Name 1Z��4_�C��� E_t k —� E1 c'_ ► �L�� Does the applicant have a representative? ❑ Yes H o • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes Js�No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 � Disclosure Statement X� Cit a qJ VirrJ nia gulch Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ts�No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes �*No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes N�No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax retuur s provided in connection with the subject of the application or any business operating or to be operated on the property?/,� Yes ❑ No • If yes,identify the firm and individual providing the service. �a-FG t-(.rno -d' A-t5-5oe. , Po 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes N,-No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Disclosure Statement x� fit q of,inlinin Naadz Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes EY,,N0 • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 1'No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes �ZNO • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Iva Applicant's' n`ature11 C Print Name and Title Date Is the applicant also the owner of the subject property?JgYes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date O A ry Signature Y(a • Print Name Revised 11.09.2020 3 1 P a g e Disclosure Statement X� fit y a/Ninjinia Bald, Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name C( I Does the applicant have a representative? ❑ Yes � NO • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes XNo • If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) ' "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. Z"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. Hevised 11,09.2020 1 1 Disclosure Statement X� Cit if q(Yilyiniu neir1, Planning &Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes gNo • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broke r/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes MNo • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?)E4rl Yes ❑ No •//,, If yes,identiifyy the firm and individual providing the service. !� yC�I—_ �S �. o C L N G. d 7 6/J S' 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes X No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Disclosure Statement W ('il y of t'ilvinice!teach Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 9 No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 39,NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes M NO • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title J,-"e— o Date Is the applicant also the owner of the subject property? X Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ applicationsthat pertains to the No changes as of Date n� Signature Print Name Revised 11 09.2020 3 `NU�y7 �-- 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of property in fee simple for the Eastern Shore Drive Drainage Improvements Section I — Phase II Poinciana Pump Station Project, CIP 100599, either by agreement or condemnation PUBLIC HEARING DATE: November 19, 2024 MEETING DATE: December 3, 2024 Background: The Eastern Shore Drive Drainage Improvements Section I — Phase II Poinciana Pump Station Project CIP 100599 (the "Project") is part of the Eastern Shore Drive Flood Protection Program Master Project. The Project will construct a new replacement stormwater pump station in the Cape Story by the Sea neighborhood, between Bayberry Street to the east and Sandalwood Road to the west. The existing pump station is over 50 years old and parts of the facility are nearing the end of their useful life. The Project will improve stormwater management in the Cape Story by the Sea neighborhood by upgrading the capacity of the pump station and adding storm drains on Sandalwood Road. The Cape Story by the Sea neighborhood area is low lying and floods during moderate to severe rainfall/high tidal events. The new pump station will provide protection up to an approximate tidal elevation of 4.5 NAVD88 by pumping stormwater out of the neighborhood into Long Creek. ■ Considerations: The Project requires the acquisition of the property at 2136 Sandalwood Road (GPIN: 1499-59-8803) for construction of the stormwater pump station. A single privately owned parcel of property needs to be acquired, and its occupants will need to be relocated. The City has been negotiating with the property owner, and the parties have been unable to reach an agreement. Authority is requested to acquire the necessary property by agreement or condemnation. ■ Public Information: The last Public Information Meeting (CIM) was held on May 11, 2022; however, there have been many Cape-Story Civic League meetings, the most recent being October 2023. A public hearing, advertised in The Virginian-Pilot, will be held on November 19, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which could delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:r1p 1 AN ORDINANCE TO AUTHORIZE THE a ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE EASTERN SHORE DRIVE 4 DRAINAGE IMPROVEMENTS SECTION I — 5 PHASE II POINCIANA PUMP STATION 6 PROJECT, CIP 100599, EITHER BY 7 AGREEMENT OR CONDEMNATION s 9 WHEREAS, the Eastern Shore Drive Drainage Improvements Section I — Phase II 10 Poinciana Pump Station Project, CIP#100599(the "Project"), is part of the Eastern Shore 11 Drive Flood Protection Program Master Project for the construction of a new replacement 12 stormwater pump station in the Cape Story by the Sea neighborhood, between Bayberry 13 Street to the east and Sandalwood Road to the west; 14 15 WHEREAS, the Project will improve stormwater management in the Cape Story by 16 the Sea neighborhood by upgrading the capacity of the pump station and adding storm 17 drains on Sandalwood Road. The Cape Story by the Sea neighborhood area is low-lying 18 and floods during moderate to severe rainfall/high tidal events, affecting streets and roads 19 and public and private property. This facility will provide protection up to an approximate ao tidal elevation of 4.5 NAVD88 by pumping stormwater out of the neighborhood into Long 21 Creek; as 23 WHEREAS, the property located at 2136 Sandalwood Road (GPIN: 1499-59-8803) 24 (the"Property") has been determined to be the best location for the construction of the new 25 pump station to provide stormwater protection and drainage facilities to the surrounding 26 area. The Property is adjacent to the existing pump station located at 2637 Poinciana 27 Drive, which is 50 years old and in need of replacement; and as 29 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 30 public necessity exists to replace an existing pump station with a new, improved pump 31 station and related facilities for the purpose of addressing frequent flooding of public streets 32 and highways and public and private infrastructure, to improve transportation during rain 33 and flood events, for drainage improvements, and for the preservation of the safety, health, 34 peace, good order, comfort and convenience and for the welfare of the people in the City of 35 Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 Section 1. That the City Council authorizes the acquisition by purchase or 41 condemnation pursuant to Sections 15.2-1901; et seq.; 15.2-2109; and 15.2-970, Sections 42 33.2-1007, et seq., and Title 25.1 of the Code of Virginia of 1950, as amended, of that 43 Property (the"Property"), more particularly shown on Exhibit A, attached hereto and made 44 a part hereof, as further shown on the Project plans entitled "EASTERN SHORE DRIVE 45 DRAINAGE IMPROVEMENTS PHASE I, SECTION II POINCIANA PUMP STATION CIP 46 NO. X-XXX (100599) BID NO. PWCN-XX-XXXX MARCH 2O24," and more particularly 47 described on the acquisition plat for the Project (plat and plans collectively referred to as 48 the"Plans"), the Plans being on file in the Stormwater Engineering Division, Department of 49 Public Works, City of Virginia Beach, Virginia. 50 51 Section 2. That the City Manager is hereby authorized to make or cause to be made 52 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 53 offer to the owner or persons having an interest in said Property. If refused, if the property 54 owner is unable to convey clear title, or if the owner cannot be identified or located,the City 55 Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings to 56 condemn to acquire title to the Property. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 59 , 2024. CA16587 R-1 10/22/2024 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d023\p048\01001062.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY P BLI WORK /REAL ESTATE CIT ATTORNEY EXHIBIT A Parcel Authorized for Acquisition By Agreement or Condemnation: ADDRESS OWNER (Now or Formerly) GPIN 2136 Sandalwood Road Ryan Mattes 1499-59-8803 � � E 7 do fr,F SITE v � llp �t 0 200 400 Feet LOCATION MAP EASTERN SHORE DRAINAGE IMPROVEMENTS Legend PHASE I- SECTION II (POINCIANA PUMP STATION) Project Area Phase I-Section It (CIP 100599) City Property irnnornri by f:C/Fnn/t=nn G innnrt Ccnriroc Ri ircoi i nrmr�me XACADD\Proiects\Arc FileS\AGENDA MAPS\ESDD FEMA BRIC Grant Projects\ �Al qr S. 4 i u i � � a, 0 200 400 -x Feet LOCATION MAP Legend EASTERN SHORE DRAINAGE IMPROVEMENTS o Project Area Phase]-Section 11 PHASE I - SECTION II (POINCIANA PUMP STATION) (CIP S 100599) City Property lronororl by rq/Fnn /Fnn Cunnnrt Conriroe Pi iroou 1 n/n7/,)r»e X:\CADD\Proiects\Arc FilesIAGENDA MAPS\ESDD FEMA BRIC Grant Proiects\ u� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of permanent and temporary easements for the Eastern Shore Drive Drainage Improvements Phase I, Sections 1 B, 1 C.2, 1 D, and 1 E Project (CIPs 100150, 100153, 100167, and 100538), either by agreement or condemnation PUBLIC HEARING DATE: November 19, 2024 MEETING DATE: December 3, 2024 ■ Background: The Eastern Shore Drive Drainage Improvements Phase I, Sections 1 B (CIP 100167- Lynnhaven Colony Park Pump Station),1 C.2 (CIP 100153-Cape Henry Canal Phase II), 1 D (CIP 100150 - Lynnhaven Drive Pump Station) and 1 E (CIP 100538 - Elevate Lynnhaven Drive) Project (collectively, the "Project"), is for the construction of two new stormwater pumping stations, the widening and deepening of the Cape Henry Canal and raising a portion of West Great Neck Road. The Project works together to improve stormwater management within the Lynnhaven Colony neighborhood and relieve widespread flooding. Portions of Lynnhaven Colony are situated in low-lying areas that are prone to flood during moderate to severe rainfall events and high tides. The Project will provide protection by stopping overland surface tidal waters and rainwater from flooding the low-lying areas by creating a topographical berm at or above the base flood elevation and pumping stormwater out of upstream Cape Henry Canal before, during, and after moderate to severe rain events. The design is being prepared under the Eastern Shore Drive Drainage Improvements Phase I — Section I Project, and acquisition and construction will take place under the Project listed above. ■ Considerations: The Project will require permanent and/or temporary easements from 17 privately owned parcels. No residences or businesses are anticipated to be displaced by the Project. ■ Public Information: The last Citizen's Information Meeting (CIM) was held on May 11, 2022. There have been three previous public notices concerning the Project published in The Virginian-Pilot, and numerous meetings with the public concerning the Project since 2009, via the Bayfront Advisory Commission, the Shore Drive Community Coalition, and six other community civic leagues. A public hearing is scheduled for November 19, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which could delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City ManagerAio 1 AN ORDINANCE TO AUTHORIZE THE a ACQUISITION OF PERMANENT AND 3 TEMPORARY EASEMENTS FOR THE 4 EASTERN SHORE DRIVE DRAINAGE 5 IMPROVEMENTS PHASE 1, SECTIONS 1 B, 6 1 C.2, 1 D, AND 1 E PROJECT (CIPS 100150, 7 100153, 100167 AND 100538), EITHER BY s AGREEMENT OR CONDEMNATION 9 10 WHEREAS,the Eastern Shore Drive Drainage Improvements Phase I, Sections 1 B, 11 1 C.2, 1 D, and 1 E Project, CIPs 100150, 100153, 100167, 100538 (collectively, the 12 "Project") is for the construction of two new stormwater pumping stations,the widening and 13 deepening of the Cape Henry Canal and raising a portion of West Great Neck Road; 14 15 WHEREAS, the Project is designed to improve stormwater management within the 16 Lynnhaven Colony neighborhood and relieve widespread flooding of roads and properties. 17 The Project will provide protection by stopping overland surface tidal waters and rainwater 18 from flooding the low-lying areas by creating a topographical berm at or above the base 19 flood elevation and pumping stormwater out of upstream Cape Henry Canal before, during, 20 and after moderate to severe rain events; 21 as WHEREAS,the Project work will mainly be within the existing right-of-way; however, 23 to ensure proper grading and smooth transitions to the adjacent private properties, 24 permanent and temporary easements have been identified along 17 parcels within the 25 Project boundary, which have been determined by the Department of Engineering to be the 26 optimal location for the construction of drainage improvements; and 27 as WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 29 public necessity exists for the construction of this important Project to provide flood 30 protection to the surrounding area, for the purpose of addressing frequent flooding of 31 streets and highways and public and private infrastructure,to improve transportation during 32 rain and flood events, and for the preservation of the safety, health, peace, good order, 33 comfort and convenience and for the welfare of the people in the City of Virginia Beach. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 Section 1. That the City Council authorizes the acquisition by purchase or 39 condemnation pursuant to Sections 15.2-1901, et seg.; 15.2-2109 and 15.2-970, and Title 40 25.1 of the Code of Virginia of 1950, as amended, of all those certain permanent and 41 temporary easements (the "Property"), as shown on the Project plans entitled "EASTERN 42 SHORE DRIVE PHASE I, SECTION I CIP No. 100150, 100153, 100167, & 100538 PWCN- 43 25-0002,"and more particularly described on the acquisition plats for the Project (plats and 44 plans collectively referred to as the "Plans"), the Plans being on file in the Stormwater 45 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 46 Section 2. That the City Manager is hereby authorized to make or cause to be made 47 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 48 offer to the owners or persons having an interest in the Property. If refused, if the property 49 owners are unable to convey clear title, or if the owners cannot be identified or located, the 50 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 51 to condemn to acquire title to the Property. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 54 12024. CA16586 R-1 10/31/2024 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d022\p058\01000783.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY BL C WO S/REAL ESTATE CIT AT ORNEY 1 (R /' SF11P.S1A i A-SPtiNN �► GRd Oj S ,err► C•,� � _� � �► �- s ; z m �• m 1 • ���Es '{ rr den $ � m~ ,�� SECTION 1C.2-CAPE HENRY CANAL PHASE it `- SITE cl ,� N t y Olt In ID *00 n N PUMP STATION - SECTION 1 B P cT`t%9 p tic SUMMERHAVEN RD ; �E t1AJjj4- fi SECTION 1 E-ELEVATE ROADWAYS STATION - SECTION 1 D Es fpvEN DRrwT-wl .1�1t 1NPVfcN a. gc4P Z eAsIN cr. PUMP STATION - SECTION 1D OUTFACE DOLPHIN BASIN RDA RD E,V I PUMP STATION - SECTION 1 B OUTFALL Q. • . RROADBAYRD Is',N6,0 IflLET,RD p' • .� RIB LOCATION MAP LegendRD'a� • EASTERN SHORE DRAINAGE IMPROVEMENTS PHASE I -SECTION I ❑ Project Area Phase I-Sechon I 0 600 1200 (FEMA BRIC GRANT EMP-2021-BRIC-051-0010) Pry rtv ® , Feet E� oOD (CIP'S 100167, 100153, 100150,AND 100538) N took Or 0 , '� OZ �y N1 yo•10CL����� ' L nzr .r t n, m - co o sa L M a . f 1 BRIDGE RED �� r - z At ZO ..`fin � m a3a��tw � ' t nzsttsNOa, IH0: r N _ S t� -n CDO VE R Z7 `' � ' ', (,� R Z 1dQ'aisU s CD O ��(� � T D -301 « a F � > ;"WA v p p i mm S z cn r 6 MOO ;A v� c) o D � nB2iV tad "� � 5 Z O I fl Qa3N 1tl32i'J N O XtOt! rn Ib o f<f1 MART CA Ir S co v 4F .j� Cl) ,Y.+r r ;BAYS � � ', .r � � �� � � • - �� �� orgas At ���C - L r F OWPEWAPFLCAM OWNERIgPPLICPM PROJECT TOTAL AREA OF JPANrETUNO3 REOUREDt NME ADDRESS ADDRESS PROJECT UNT(AC) (YES OR NO) CITY OF VIRGINIA BEACH, VIRGINIA THIS PR THROUGH BY THE DEPARTMENT OF EERGENCYAGEMENT AGENCY THROUGH THE VIRGINIA DEPARTMENT OF EMERGENCY CITY OF VA BEAL'll/ 2m SABRE ST MANAGEMENT.NA GRANT AGREEMENT NUMBER EMP-2021-BR451 Wl0. STE VA VA BEACH.VA ,�.2t YES DEPARTMENT OF PUBLIC WORKS PUBLIC NpER3 VA BEACH,VA 2N52 --A---- LL AND OVERLAY AR GRrATHE- VSMP DESIGN WATERSHED,H�D�GDE ENGINEERING DIVISION pSTURBNKE NC) MFAR DEVELOPMENT AR (YES ORNO) CRITE'IA(lie OR IIC) S.TS f,-2.. NO IEf C825 DEPgRpy v-s' EASTERN SHORE DRIVE PHASE I, SECTION I CIP No. 100150, 100153, 100167, & 100538 PWCN-25-0002 PROJECT SITE ioRr naRr PROJECT LOCATION �,asswvk� � � �, � � � �,�Brou •y,� 1 PUMP STATION IS YT sTAn P P STATION I D OUTFALL LOCATION MAP VICHTY MAP SCALE 1'•508 NDTI'D� F —D tliv MnTE R 'mRDWD X paEcroaa mlrJC Home o.rE rvcRDVEO Dorf ALL CONSTRUCTION METHODS AND MATERIALS WALL CONFORM TO THE CURRENT CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC o1REOTaa OF wNJcuMEs WORKS DESIGN STANDARDS MANUAL,MARCH 2O22:DEPARTMENT OF PUBLIC UTILITIES DESIGN STANDARDS MANUAL(201d),CITY OF VIRGINIA BEACH AMENDMENTS TO VDOT 20N ROAD AND BRIDGE SPECIFICATIONS:VIRGINIA DEPARTMENTOF TRANSPORTATION PREUMINARV NOT C APmoWO MM ROAD AND BRIDGE SPECIFICATIONS:VIRGINIA DEPARTMENT OF TRANSPORTATION 2016 ROAD AND BRIDGE STANDARD MNucER OgrE FOR CONSTRUCTION uTARY ENCNEERmO VIRGINIA EROSION AND SEDIMENT CONTROL HANDBOOK,3RD EDITION,1IM:VIRGINIA DEPARTMENT OF ENVIRONMENTAL DUALITY: OR ACQUISITION OF ARwovEO. AND ANY OTHER APPLICABLE CITY OF VIRGINIA BEACH OR STATE ORDINANCES,CODES.AND UWB PRIOR TO CONSTRUCTION. RIGHT OF WAY vrRrrr DPE ..S ErroNEER -TE 100-A SUBMITTAL PLANS ALL TRAFFIC CONTROL METHODS AND DEVICES SHALL CONFORM TO"FEDERAL HIGHWAY ADMINISTRATION,MANUAL ON UNIFORM �waovEO TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS,2009 EDITION,WITH REVISIONS 1,2,32022'AND THE-VIRGINIA WORK 72 HOURS PRIOR TO CONSTRUCTION aPDuiaN9 ENO P DATE AREA PROTECTION MANUAL,STANDARDS AND GUIDELINES FOR TEMPORARY TRAFFIC CCNTROL,2011 EDITION WITH REVISION 2.1. CALL MISS UTILITIES(TOLL MEE)AT A NOVEMBER 1,20 . 1A 52-M OR S11 FOR LOCATION M 20" AUGUST,W2A EL135ASMPSON i ,vwOVED. OF UNDERGROUND UTILITIES. G-0Ot BRADVANDERWARq R .u nit ro� yh� � _ s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of temporary and permanent easements for the Elizabeth River Wetland and Floodplain Restoration Project, CIP 100551, either by agreement or condemnation PUBLIC HEARING DATE: November 19, 2024 MEETING DATE: December 3, 2024 ■ Background: The Elizabeth River Wetland and Floodplain Restoration Project, CIP 100551 (the "Project") is one of the City's green infrastructure projects aimed at restoring the shoreline along Arrowhead Elementary School, Carolanne Farms Neighborhood Park, Woods of Avalon Park, Ferry Point Park and several adjacent privately owned properties. The Eastern Branch of the Elizabeth River is the key flood entry point into the Elizabeth River watershed. Within these neighborhoods there are several tidal creeks that connect the stem of the rivers to the main watershed. During storm events where coastal wind- driven storm surges and extreme rainfall occur simultaneously, the water level in the rivers can rise by several feet increasing the likelihood of localized flooding. The Project features are designed to reduce erosion of the tidal marsh, improve water quality, and reconnect floodplain wetlands for improved flood mitigation. High marsh protection will be placed along the marsh shoreline for added erosion control. This protection system consists of the placement of coir logs and hardwood logs below the high tide line, along with plantings in the area between the coir log and hardwood logs within the marsh. The coir logs will eventually disintegrate, allowing the native wetland vegetation to take hold within the shoreline and act as a protective buffer. The mitigation tools to be implemented within the Project are designed to stabilize and restore the riverbank from erosion. Post-Project, new vegetation is expected to grow around the areas of coir logs, eventually creating a new sustainable living shoreline. The Project will also include upland protection for the areas of shoreline that consist of existing vegetation and/or banks that are not considered marshland. Shoreline protection will be installed in these areas using hardwood logs set below the high tide line, a coir log along the top of the bank, and a vegetated armor mat to stabilize the area between the coir log and hardwood logs. The coir log system within this portion of the Project will also eventually disintegrate allowing the future vegetation to grow and create a new sustainable living shoreline. Ditch stabilization will be placed as necessary to stabilize the channels/ditches draining water from the developed areas surrounding the river to support the installation of living shorelines along the river. Stabilization of these ditches will work to help provide an increase of water capacity and overall storage area, while providing erosion protection and future restoration of the shorelines. ■ Considerations: The Project will require temporary and permanent easements from 16 privately owned parcels. No residences or businesses are anticipated to be displaced by the Project. Authority is requested to acquire the necessary easements by agreement or condemnation. The Project will also show benefits to the wetland and riparian habitats, providing additional environmental benefits. ■ Public Information: A public information meeting was held on May 11, 2023. 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. An advertised public hearing will be held on November 19, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which will delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real EstateV City Manager: /1�p 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR THE 4 ELIZABETH RIVER WETLAND AND 5 FLOODPLAIN RESTORATION PROJECT, CIP 6 100551, EITHER BY AGREEMENT OR 7 CONDEMNATION s 9 10 WHEREAS, the Elizabeth River Wetland and Floodplain Restoration Project, CIP 11 100551 (the "Project") is a stormwater green-infrastructure improvements project to 12 strengthen the shoreline, improve erosion control and stabilize the drainage ditch system, 13 to provide greater protection from flooding and to improve public safety within the City and 14 for other related public purposes for the preservation of the safety, health, peace, good 15 order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach; 16 17 WHEREAS, over the past 50 years,development surrounding the Eastern Branch of 18 the Elizabeth River (the "River") has led to degradation of the protective marsh system 19 along the banks of the River. The City's future-condition stormwater modeling predicts 20 continued erosion of tidal marsh along the River, resulting in conversion of healthy marsh 21 into open water and mud flats; 22 23 WHEREAS, wetland restoration, living shorelines, and floodplain restoration along 24 the River were identified as key resilience-building strategies as part of an extensive 25 evaluation of structural and non-structural alternatives to provide stormwater protection to 26 the surrounding area; 27 28 WHEREAS,the proposed design features of the Project will work together to reduce 29 erosion of the tidal marsh, improve water quality, and reconnect floodplain wetlands for 30 improved flood mitigation to provide greater protection in storm events to the surrounding 31 public and private properties; and 32 33 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 34 public necessity exists for the construction of this important Project to restore the shorelines 35 of the River along Arrowhead Elementary School, Carolanne Farms Neighborhood Park, 36 Woods of Avalon Park, Ferry Point Park, and several adjacent privately owned lands. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 Section 1. That the City Council authorizes the acquisition by purchase or 42 condemnation pursuant to Sections 15.2-1901, et seq., 15.2-2109, and Title 25.1 of the 43 Code of Virginia of 1950, as amended, of all those certain temporary and permanent 44 easements (the "Property"), as shown on the Project plans entitled "Elizabeth River 45 Wetland and Floodplain Restoration PWCN NO.: 20-0070: COASTAL RESILIENCE 46 PLANNING &ENGINEERING SERVICES CIP 100551,"and more specifically described on 47 the acquisition plats for the Project (plats and plans collectively referred to as the"Plans"), 48 the Plans being on file in the Stormwater Engineering Division, Department of Public 49 Works, City of Virginia Beach, Virginia. 50 5 1 Section 2. That the City Manager is hereby authorized to make or cause to be made 52 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 53 offer to the owners or persons having an interest in said Property. If refused, if the property 54 owners are unable to convey clear title, or if the owners cannot be identified or located, the 55 City Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings 56 to condemn to acquire title to the Property. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 59 , 2024. CA16576 PREPARED: R-1 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d025\p045\00995230.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY B IC WOR — REAL ESTATE CITY ATTOR E , _ } / f J r 13t . r e r. AT h. a f S ho I J • H,II Gail.Rd loop W, *' �yt-1.. f' / ! 1.1 LL t s d •1,. c 't"'— � 'ount;.T f R / f flit £ �/{ / r♦ yt� G �• � fir.,, r''a� J. � . .,. - :: sP• {�,A 1 t - Carolanne 4 at A , �F irrns P • r art S x�• � �, erluck - If ----------------- \�_----- i Point gVyY /ti. rr AvEhzaObet Ahe� --__/ a.; � a y �\ ♦\ �`� _ `/�a � � y> ,• a ,>:� � �` �� fir ku Fsrr,r )sl^„r� \� 1t ke Wfootls oMf Avalon > ' 11 �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend the Summary of Terms to allow an extension of the closing date on the sale of City-owned property located at 3000 Barberry Lane to Joseph P. Heilman and Amy L. Heilman MEETING DATE: December 3, 2024 ■ Background: On December 6, 2022, by ORD-3717A, City Council authorized the sale of the City-owned property located at 3000 Barberry Lane (the "Property") to Joseph P. Heilman and Amy L. Heilman (the "Heilmans"). The Heilmans own 3004 Barberry Lane, the parcel that is adjacent to the Property, and are purchasing the Property to be able to build onto their existing home. A purchase agreement to sell the Property to the Heilmans for the appraised value of $9,000 was fully executed on December 16, 2022. ■ Considerations: The Summary of Terms attached to ORD-3717A contained a provision that the sale of the Property must occur on or before December 31, 2024, unless extended by City Council prior to that date. Due to issues finalizing the required resubdivision plat, the Heilmans have requested permission to extend the closing date to December 31, 2025. City staff is agreeable to the extension. ■ Public Information: Advertisement via the normal City Council agenda process. ■ Alternatives: Deny the extension. ■ Recommendations: Approval. ■ Attachments: Ordinance, Exhibit "A" (Legal Description), Exhibit "B" (Amended Summary of Terms), Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 0-9 1 AN ORDINANCE TO AMEND THE SUMMARY OF 2 TERMS TO ALLOW AN EXTENSION OF THE 3 CLOSING DATE ON THE SALE OF CITY-OWNED 4 PROPERTY LOCATED AT 3000 BARBERRY LANE 5 TO JOSEPH P. HEILMAN AND AMY L. HEILMAN 6 7 WHEREAS, on December 6, 2022, by ORD-3717A (the "Ordinance"), City 8 Council authorized the sale of City-owned property located at 3000 Barberry Lane 9 (GPIN: 1495-41-1172) (the "Property") to Joseph P. Heilman and Amy L. Heilman (the 10 "Heilmans") to build onto their existing home; 11 12 WHEREAS, the Summary of Terms attached to the Ordinance contained 13 a provision that the sale of the Property must occur on or before December 31, 2024 14 unless extended by City Council prior to that date; 15 16 WHEREAS, despite diligent pursuit, the resubdivision plat has not yet 17 been finalized and the Heilmans have requested permission to extend the closing date 18 to December 31, 2025; 19 20 WHEREAS, City staff is agreeable to the extension; and 21 22 WHEREAS, the Heilmans intend to purchase the Property in accordance 23 with the Amended Summary of Terms attached hereto as Exhibit "B" and made a part 24 hereof (the "Amended Summary of Terms"). 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the terms for the sale of the Property to the Heilmans are amended in 3 o accordance with the attached Amended Summary of Terms and such other terms, 31 conditions or modifications as may be acceptable to the City Manager and in a form 32 deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 35 day of 2024. CA16585 R-1 10/25/2024 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Public Works/Real Estate At rn Office EXHIBIT "A" LEGAL DESCRIPTION 3000 BARBERRY LANE; GPIN: 1495-41-1172: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as "PROPERTY OF CITY OF VIRGINIA BEACH INST. NO. 20050725001138380 D.B. 2578, PG. 704 — (PLAT) GPIN: 1495-41-1172 LOT 347" and further described as "RESIDUAL LOT 347 6,042 SQ. FT. OR 0.13871 AC.," as shown on that certain plat entitled "PLAT SHOWING PROPOSED EASEMENTS AND PROPERTY HEREBY ESTABLISHED AS RIGHT-OF-WAY FOR LOT 347 LANDSTOWN MEADOWS, SECTION FOUR PROPERTY OF CITY OF VIRGINIA BEACH," Scale: 1" _ 20', dated April 20, 2021, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 202207000088, to which reference is made for a more particular description. RESERVING UNTO THE CITY that certain public drainage easement designated and described as "PROPOSED PUBLIC DRAINAGE EASEMENT (STATE HWY. PROJECT 0000-134-145,RW-201,C-501)(69 SQ. FT OR 0.00158 AC.)" and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT 69 SQ. FT. OR 0.00158 AC.," as shown on the aforesaid plat. RESERVING UNTO THE CITY that certain sound barrier maintenance easement designated and described as "PROPOSED SOUND BARRIER MAINTENANCE EASEMENT (STATE HWY. PROJECT 0000-134-145,RW-201,C-501) (386 SQ. FT. OR 0.00886 AC.) and further described as "PROPOSED SOUND BARRIER MAINTENANCE EASEMENT 386 SQ. FT. OR 0.00886 AC.," as shown on the aforesaid plat. RESERVING UNTO THE CITY that certain 20' public drainage, maintenance and access easement designated and described as "PROPOSED 20' PUBLIC DRAINAGE MAINTENANCE AND ACCESS EASEMENT 1,998 SQ. FT. OR 0,04587 AC." as shown on the aforesaid plat. RESERVING UNTO THE CITY that certain variable width public utility easement designated and described as "PROPOSED VARIABLE WIDTH PUBLIC UTILITY EASEMENT 893 SQ. FT. OR 0.02051 AC." as shown on the aforesaid plat. SUBJECT TO that certain variable width Verizon South, Inc. easement as shown on the aforesaid plat. SUBJECT TO that certain 1' no ingress/egress easement established on the aforesaid plat. SUBJECT TO that certain residual permanent sign easement established in Deed Book 2578, at page 704 and as further shown on the aforesaid plat. SUBJECT TO any and all encumbrances and easements of record whether or not listed herein. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from John A. Anderson and Beverly L. Anderson dated July 19, 2005 and recorded in the aforesaid Clerk's Office as Instrument Number 200507250113838. EXHIBIT "B" AMENDED SUMMARY OF TERMS SELLER: City of Virginia Beach PURCHASERS: Joseph P. Heilman and Amy L. Heilman PROPERTY: 3000 Barberry Lane; GPIN: 1495-41-1172, consisting of 6,042 square feet (0.13871 acres), more particularly described on Exhibit A SALE PRICE: $9,000.00 CONDITIONS OF SALE: • The Property is purchased "AS IS, WHERE IS," and will be conveyed by Special Warranty Deed. • The Purchasers shall provide a $5,000.00 earnest money deposit upon full execution of the Agreement, and the balance shall be paid by the Purchasers at the time of Settlement. • The Purchasers shall, at their expense, resubdivide the Property to incorporate the Property into their adjacent property at 3004 Barberry Lane. • The Purchasers shall reimburse the City of Virginia Beach for the cost of the appraisal of the Property. • The Property will be restricted at sale to prevent additional principal structures or driveways from being constructed upon the Property. • The Purchasers shall adhere to all zoning ordinances and City Code requirements. • The Purchasers shall be responsible for their own closing costs, recording fees, and attorney's fees. • The Purchasers shall be responsible for all costs associated with the abandonment and removal of the water and sewer taps from the Property. Payment of those costs shall be made to the City of Virginia Beach/Department of Public Utilities. • Approval of this sale shall be revoked if closing has not occurred on or before December 31,224 December 31, 2025, unless extended by the City Manager Gity COURGfl-prior to such date. N ZUn WidthVe� s W E Variable Ser'nent So�m Ins.Ea I ® h P i IA L` * C _ r m 00 o r , Potential Purchaser's Property n�rt m .2 I See m o s m 4 � e 1 G{ � Legend 1495-41-1172 is 1 E ti 1495-41-1101 City Properties .;k Ease, e. ti Egress Variable Width Utility Easement �'N _ Public Drainage Easement N 20'® Drainage and Maintenance Easement BARBERRY L Insert g Scale: 1" = 25' Sound Barrier Maintenance Easement — — — Easement Lines LOCATION MAP EXCESS CITY PROPERTY Note: This property is located in AICUZ Noise Zone >_70 dB and <75dBa 3000 BARBERRY LANE GPIN OWNER ZONING ADDRESS GPIN: 1495-41-1172 1495-41-1172 City of Virginia Beach R5D 3000 Barberry Lane Feet 1495-41-1101 JOSEPH P.&AMY L. HEILMAN 1151) 3004 Barberry Lane 0 25 50 100 N s 0 NECK RID variable W idth veri en` W E South,Inc. as S 1 S/ Ritic NO4-1 Ro F 1 ea 1 w 15 1 c 0 Potential Purchaser's Property E A2 see Insert Q m 1 a' w co ' c 1 0 1 U_ I 1 a 1 1 1 Legend 1 1 1 1495-41-1172 1495-41-1101 City Properties Easement Variable Width Utility Easement 1,No Ing ressl Egress - Public Drainage Easement N ® 20' Drainage and Maintenance Easement BARBERRY L Insert Scale: 1" = 25' Sound Barrier Maintenance Easement _T Easement Lines LOCATION MAP Note: This property is located ---- J EXCESS CITY PROPERTY in AICUZ Noise Zone >_70 dB and <75dB 3000 BARBERRY LANE GPIN OWNER ZONING ADDRESS GPIN: 1495-41-1172 1495-41-1172 City of Virginia Beach 115D 3000 Barberry Lane Feet 1495-41-1101 JOSEPH P.&AMY L.HEILMAN R5D 3004 Barberry Lane 0 25 50 100 n.,...,.....a�.,nni it-- ic.... c.........a c.....:.....,o....,....­4411- .._ ...r......_-:-_._ .r...�:__....�. r.. ^----s.......� .. ..�....... .. .__.. VBCITY ODisclosure VIRGINIA BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 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, boards, commissions, or other bodies. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Mr. and Mrs. Joseph P. Heilman Is Applicant also the Owner of the subject property? Yes© Noe If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yeso Noe If yes, name Representative: Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesoNoe If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso Noe If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage, deeds of trust, e Q SunTrust(Credit Line Deed of Trust)and PNC Mortgage(Deed of Trust) cross-col late ralization, etc.) Real Estate Broker/Agent/Realtor 0 e Disclosure Statement I rev. May-2024 page 1 of 3 l SECTIONAPPLICANT DISCLOSURE • - • SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape Q Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 APPLICANT CERTIFICATION READ:I certify that all information contained in this 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 three 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. Joseph Heilman; Amy Heilman 11/13/24 Applicant Name (Print) Applicant ignature Date s "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shores 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 porent-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 some person or substantially the some 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 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. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesQNoC) If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso No4 If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes o Noo If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the fallowing services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing (mortgage, deeds of trust, cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 Architect/Designer/Landscape Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 01 Legal Services PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three 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. Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page m3 of 3 S HN fU 4F . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Convert Six Part-Time Paramedic Positions to Two Full-Time Paramedic Positions within the Department of Emergency Medical Services MEETING DATE: December 3, 2024 ■ Background: In FY2023-24, the Department of Emergency Medical Services(EMS) converted four vacant full-time paramedic positions to twelve part-time paramedic positions in an attempt to increase staffing levels. Prior to this, the department had not utilized part-time personnel for paramedic positions. Creating part-time positions was done to create a flexible option for potential candidates. ■ Considerations: Staffing is an ongoing challenge for EMS. The use of part-time paramedics has proven to be less beneficial than the department had hoped. The amount of effort, time, and resources needed to fully train and deploy paramedics has made it difficult to implement part-time positions. In addition, the dynamic nature of EMS scheduling, due to the volunteer component(s) of the system, has proven to be a barrier to effective part-time paramedic usage. The department is not meeting daily staffing goals and needs more full-time employees for baseline staffing. As such, conversion of six part-time positions back to two full-time positions would provide more scheduling benefit. Converting these positions to full-time will not change EMS's total FTE count. The financial impact of the conversion is limited to the cost of benefits associated with two full-time employees. These costs can be covered by existing vacancy savings in EMS's budget. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: 00�� 1 AN ORDINANCE TO CONVERT SIX PART-TIME 2 PARAMEDIC POSITIONS TO TWO FULL-TIME 3 PARAMEDIC POSITIONS WITHIN THE DEPARTMENT OF 4 EMERGENCY MEDICAL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 Six part-time paramedic positions are hereby converted to two full-time paramedic 10 positions, within the FY 2024-25 Operating Budget of the Department of Emergency 11 Medical Services. 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: iw- Budget and Management Services t A ey's Office CA16683 R-1 November 13, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1,015,491 from the Fund Balance of the General Fund to Capital Project #100536, "Creeds Training Facility Renovations" MEETING DATE: December 3, 2024 ■ Background: On September 19, 2023, the City Council adopted an ordinance to accept and appropriate $8,007,388 from the Department of Defense Community Investment Pilot Program (DCIP) Grant and $1,400,000 from the Virginia Military Community Infrastructure Grant Program (VMCIGP). On November 14, 2023, an additional $162,547 was appropriated from the VMCIGP. With these appropriations, a required local match of$1,869,191, from the fund balance of the General Fund, was also authorized. The DCIP grant is designed to address deficiencies in community infrastructure, supportive of a military installation, to enhance military value, installation resilience, and military family quality of life, by funding building improvements including architectural, mechanical, and electrical restoration or construction on all buildings at the Creeds Training Center. These enhancements include Sim City renovations, a new rappel tower, and milling and paving of the driving track. Over the course of the project, there were certain expenses that were either not planned for, or came in above original estimates, including inspection services. Due to these circumstances, additional funding of $1,015,491 is required to complete the project deliverables and meet the Defense Community Infrastructure Program guidelines. Without additional funding, a construction contract for the rappel tower will be unable to be awarded, and the City will not meet the terms of the federal grant. ■ Considerations: The attached ordinance appropriates required funding from the fund balance of the General Fund. The current FY 2023-24 year end fund balance projection is approximately 12.5%. An appropriation of this amount will not materially change the percentage, and the City's 8-12% policy will be maintained. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance, Capital Project Detail Sheet Recommended Action: Approval Submitting Department/Agency: Police Department City Manager 1 AN ORDINANCE TO APPROPRIATE$1,015,491 FROM THE 2 FUND BALANCE OF THE GENERAL FUND TO CAPITAL 3 PROJECT #100536, "CREEDS TRAINING FACILITY 4 RENOVATIONS" 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $1,015,491 is hereby appropriated from the fund balance of the General Fund and 10 transferred as pay-go funding to Capital Project #100536, "Creeds Training Center 11 Renovations," to allow the City to award a construction contract and authorize inspection 12 services related to the Creeds Training Center Project. 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 members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget anagement Services City Attorney's Office CA16770 R-1 November 20, 2024 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100536 Title:Creeds Training Center Renovations Status: Proposed Category: Buildings&Assets Department: PUBLIC WORKS Ranking: 0 Project Type Project Location Project Type: Rehabilitation/Replacement District: 2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 13,632,126 13,632,126 0 0 0 0 0 0 0 Description and Scope This project funds the Virginia Beach Police Department(VBPD)training activities at the Creeds Training Center.Funding for this project comes from several sources:the Department of Defense Community Investment Pilot Program-$8,007,388;Virginia Military Community Infrastructure Grant Program-$1,400,000; and a local match from the City of Virginia Beach-$2,031,738,and$1,500,000 from the 2023 Omnibus Appropriations Bill. Purpose Creeds training facility provides all-encompassing law enforcement training for recruits and police re-certification. Annually approximately 800 VBPD students receive a variety of specialized training to include:precision and pursuit driving,room clearing,breaching techniques,de-escalation,and crowd management. Other training includes defensive tactics,building searches,rapid response,and crisis negotiation training. Joint training with other municipalities,State agencies,and Federal agencies bring the total student count to approximately 8,000 per year. History and Current Status The project first appeared in the FY 2020-21 CIP. In 2009,Creeds became one of a handful of facilities on the east coast to provide all-encompassing law enforcement training for recruits and active duty police. The compound was built almost entirely on runways and parking aprons used for military aircraft during WWII,and the original concrete has crumbled,presenting significant risk for injury and loss of essential training. The training structures are built mostly of used ISO shipping containers,plywood,and other makeshift materials,and have suffered significant rust,metal fatigue,and water infiltration,leading to rot, mold,and other recurring maintenance issues.$1,500,000 was added in FY 2023-24 to this project as part of the final Omnibus Appropriations bill. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Furniture and Eauioment 07/23-06/25 1,500,000 Construction 07/24-06/26 12,132,126 a 0 CgM.R[LL5 lgMO1HC RD Total Budgetary Cost Estimate: 13,632,126 Means of Financing • 100536 Funding Subclass Amount Local Funding 11,439,126 Federal Contribution 2,193,000 Total Funding: 13,632,126 GovMax 1 11/25/2024 S,Nu 1�yy� Z ICU CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Costs Related to the Tropical Cyclone Debby Deployment MEETING DATE: December 3, 2024 ■ Background: The National Urban Search and Rescue Team was established by Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 Urban Search and Rescue Team (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency. The team received activation orders to assist with Tropical Cyclone Debby, VA-TF2 sent members with the White Incident Support Team and a Type 3 team to respond to this event. ■ Considerations: Upon activation FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to event was $839,309.49. In addition, the department is entitled to $25,179.28 in revenue for the cost of preparing these claims, these funds will be deposited into the FEMA Administrative Grant upon receipt. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:142 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE TROPICAL CYCLONE 3 DEBBY DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $839,309.49 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2024-25 Operating Budget of the Virginia Beach Fire Department for the 11 mobilization of Virginia Task Force 2 for Tropical Cyclone Debby. 12 13 2) $25,179.28 is hereby accepted from Federal Emergency Management Agency 14 and appropriated, with federal revenue increased accordingly, to the FY 2024- 15 25 Operating Budget of the Virginia Beach Fire Department, for the 16 administration of Virginia Task Force 2's mobilization for Tropical Cyclone 17 Debby. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: yx;J� rc4z -- - B dget and Management Service Ci y torney's Office CA16686 R-1 November 13, 2024 tia r,. y- g4C� %1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Address the Opioid Epidemic MEETING DATE: December 3, 2024 ■ Background: The Commonwealth of Virginia agreed to settle litigation involving prescription opioid manufacturers and distributors. In 2021, the General Assembly created the Virginia Opioid Abatement Authority (Virginia Code § 2.2-2366) (VOAA) as an independent body whose purpose is to abate and remediate the Opioid epidemic in the Commonwealth through financial support from the Settlement Fund. Financial support includes grants, donations, or other assistance, and this support is specifically for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth. Funding will be distributed to localities using three primary methods: 1) direct distribution, 2) individual distribution, and 3) collaborative partnerships. ■ Considerations: The VOAA has awarded $833,785 through a cooperative partnership grant to establish a Regional Mobile Healthcare Clinic to provide Primary Care and Substance Use Disorder services to several communities. The City Council was briefed on the proposal at the workshop held on March 12, 2024. The City is the fiscal agent for this award and a participant in the partnership along with the cities of Chesapeake, Norfolk, Portsmouth, and Suffolk, and Sentara Healthcare. The proposed plan will bring awareness, resources, and treatment services directly to neighborhoods throughout southside Hampton Roads to address the opioid epidemic. A local cash match from each of the five (5) participating agencies of $10,000 each is required and will be received by the City of Virginia Beach. Each community partner, including Virginia Beach, will use available direct distribution settlements to fund their share of the local match. The performance period for this grant is July 1 , 2024 to June 30, 2025. A report will be due to VOAA by September 1, 2025. ■ Public Information: Normal Council Agenda process. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager/"' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO ADDRESS THE OPIOID EPIDEMIC 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT- 6 7 1) $833,785 is hereby accepted from the Commonwealth, through the Virginia 8 Opioid Abatement Authority, and appropriated, with revenue increased 9 accordingly, to the FY 2024-25 Operating Budget of the Department of Human 10 Services to implement a plan with community stakeholders to address the 11 opioid epidemic. 12 13 2) An additional required local match in the amount of $10,000 is hereby 14 authorized to be provided from the Operating Budget of the Department of 15 Human Service to the Virginia Opioid Abatement Authority. 16 17 3) $40,000 is hereby accepted from the cities of Chesapeake, Norfolk, 18 Portsmouth, and Suffolk, and appropriated, with revenue increased 19 accordingly, to the FY 2024-25 Operating Budget of the Department of Human 20 Services to bring awareness, resources, and treatment services to address the 21 opioid epidemic in Hampton Roads. 22 23 4) The equipment purchased with these grant funds is not guaranteed to be 24 replaced by the City of Virginia Beach. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services rney's Office CA16690 R-1 November 14, 2024 rS�`NUDif,�'�1. C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Fire Programs MEETING DATE: December 3, 2024 ■ Background: Each year during the budget development process, the Fire Department estimates the amount of Aid to Localities (ATL) Grant funding that will be received from the Commonwealth. ATL provides Virginia cities, towns, and counties with population-based funds to pay for training, construction of training centers, firefighting equipment, and protective clothing. In FY 2024-25, the budget included $2,050,000 in estimated revenue from the ATL Grant program. An additional $304,749 was allocated to the Virginia Beach Fire Department by the Virginia Department of Fire Programs since that time, bringing the total FY 2024-25 grant award to $2,354,749. ■ Considerations: ATL Grant funds support the purchase of personal protective apparel, equipment, department training, and community outreach activities aimed at educating the public on fire safety. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:1)�9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF FIRE PROGRAMS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT- 6 7 $304,749 in Aid to Localities Grant funding is hereby accepted from the Virginia 8 Department of Fire Programs and appropriated, with revenue from the Commonwealth 9 increased accordingly, to the FY 2024-25 Operating Budget of the Virginia Beach Fire 10 Department for training, construction of training centers, firefighting equipment, and 11 protective clothing. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ity rney's Office CA16688 R-1 November 13, 2024 'gp"U�a fs y�7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Equipment Related to the Operation of the Virginia Task Force 2 MEETING DATE: December 3, 2024 ■ Background: Virginia Task Force 2 (VA-TF2) received a Program Directive (USR PD 2024-005) from Federal Emergency Management Agency (FEMA) indicating that all system task forces are receiving an amendment to increase their FY 2023 Cooperative Readiness Agreement. ■ Considerations: This supplemental funding will be used to purchase equipment specified by the FEMA standardized cache list for replacement of aging public safety items or obtaining new required items. As the sponsoring agency, the Virginia Beach Fire Department is responsible for the administrative and operational management of the team and its assets. The amount of the supplemental award is $145,372. ■ Public Information: Normal council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: AW 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR EQUIPMENT RELATED TO THE OPERATION OF THE 3 VIRGINIA TASK FORCE 2 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $145,372 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2024-25 Operating Budget of the Virginia Beach Fire Department for the 11 purchase of equipment for Virginia Task Force 2. 12 13 2) The equipment purchased with these grant funds is not guaranteed to be 14 replaced by the City of Virginia Beach. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: '/1 A u get and Management Services Gi y-Atf ey's Mice CA16684 R-1 November 13, 2024 ACIA lu}{� Sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for the Special Operations Technical Rescue and Hazmat Teams MEETING DATE: December 3, 2024 ■ Background: Each year, the City receives funding from the U.S. Department of Homeland Security through the Virginia Department of Emergency Management to support technical rescue response and hazmat activities. In November 2024, the Fire Department was awarded the FY24 Special Operations Technical Rescue Team Grant in the amount of $40,000 and the FY24 Special Operations Hazmat Team Grant in the amount of$20,500. ■ Considerations: FY24 Special Operations Technical Rescue Team grant funds will be used to purchase replacement rescue equipment and personal protective equipment utilized in technical rescue response. The funds will also assist with funding a training exercise for the regional Technical Rescue Team. Funding from the FY24 Hazmat Special Operations Team Grant will be utilized to purchase an in-suit communications system used by hazmat responders, needed replacement of personal protective equipment, chemical detection equipment, and liquefied petroleum gas emergency mitigation equipment materials. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: P�v 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR THE SPECIAL OPERATIONS TECHNICAL RESCUE 3 AND HAZMAT TEAMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $40,000 is hereby accepted from the Department of Homeland Security and 9 appropriated, with revenue increased accordingly, to the FY 2024-25 Operating 10 Budget of the Virginia Beach Fire Department to support the Special 11 Operations Technical Rescue Team. 12 13 2) $20,500 is hereby accepted from the Department of Homeland Security and 14 appropriated, with revenue increased accordingly, to the FY 2024-25 Operating 15 Budget of the Virginia Beach Fire Department to support the Special 16 Operations Hazmat Team. 17 18 3) The equipment purchased with these grant funds is not guaranteed to be 19 replaced by the City of Virginia Beach. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services i ey's Office CA16685 R-1 November 13, 2024 % YTI i`ry9 �l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support the Fire Department's Marine Team MEETING DATE: December 3, 2024 ■ Background: The City has been notified that the FY24 Port Security Grant was approved by the Department of Homeland Security. The amount awarded is $13,256. The Marine Team is responsible for assisting with the response and recovery duties for maritime emergencies in the Hampton Roads Area, and these grant funds will assist in this mission. ■ Considerations: These funds will be used to purchase communication equipment necessary for operations. The remainder of the funding will be utilized to purchase personal protective equipment worn by personnel responding to a marine emergency event. ■ Public Information: Normal council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: /W 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT THE FIRE DEPARTMENT'S MARINE TEAM 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 1) $13,256 is hereby accepted from the Department of Homeland Security and 8 appropriated, with federal revenue increased accordingly, to the FY 2024-25 9 Operating Budget of the Virginia Beach Fire Department to support the Fire 10 Department's Marine Team. 11 12 2) The equipment purchased with these grant funds is not guaranteed to be 13 replaced by the City of Virginia Beach. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services orney's Office CA16687 R-1 November 13, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Costs Related to the Tropical Cyclone Francine Deployment MEETING DATE: December 3, 2024 ■ Background: The National Urban Search and Rescue Team was established by Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 Urban Search and Rescue Team (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency. The team received an activation order to assist with Tropical Cyclone Francine, VA-TF2 sent 1 member with the Blue Incident Support Team to respond to this event. ■ Considerations: Upon activation FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to event was $7,480. In addition, the department is entitled to $224.40 in revenue for the cost of preparing these claims, these funds will be deposited into the FEMA Administrative Grant upon receipt. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:AV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE TROPICAL CYCLONE 3 FRANCINE DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1 ) $7,480 is hereby accepted from the Federal Emergency Management Agency 9 and appropriated, with federal revenue increased accordingly, to the FY 2024- 10 25 Operating Budget of the Virginia Beach Fire Department for the mobilization 11 of Virginia Task Force 2 for Tropical Cyclone Francine. 12 13 2) $224.40 is hereby accepted from Federal Emergency Management Agency 14 and appropriated, with federal revenue increased accordingly, to the FY 2024- 15 25 Operating Budget of the Virginia Beach Fire Department, for the 16 administration of Virginia Task Force 2's mobilization for Tropical Cyclone 17 Francine. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )Ilk_k A 2 / _ -4ko± K_Budget and Management ervices orney's Office CA16689 R-1 November 13, 2024 L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda (including all backup documents) is available at https://clerk.virginiabeach.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 TChelius(avbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbaov.webex.com/weblink/register/rc5ddfec57cfe2ccf62136487fd8d22cb 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on Tuesday. December 3, 2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE: 11/19/2024 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 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 E N R N N 1. CITY COUNCIL'S BRIEFINGS A. ARTS AND HUMANITIES Emily Labows, COMMISSION'S CULTURAL EQUITY Director—Cultural COMMITTEE Affairs RECOMMENDATIONS ON LAND ACKNOWLEDGEMENT STATEMENT B. VIOLET BANK TRAIL UPDATE Michael Kirschman, Director—Parks and Recreation L.J.Hansen,Director —Public Works C. CIP RETREAT PRE-BRIEFING Andrew Jenkins, (INFORMATION TECHNOLOGY) Business Architect— Information Technology D. CIP RETREAT PRE-BRIEFING James White, (COASTAL) Engineer—Public Works II.-VII. CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y A Y Y Y Y Y A-F SESSION G. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION Dr.Douglas"Doc"Conkwright 2. RESOLUTION IN RECOGNITION Gerald"Jerry"Yagen 3. NATIVE AMERICAN HERITAGE MONTH PROCLAMATION Chief Emeritus Lee Lockamy — Nansemond Indian Nation CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U - S DATE: 11/19/2024 PAGE: 2 R T H C L H C R A H T W W U E H E M R U A I C D N E M M O L Y L C Y L S 1 O U M L S I, 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 I[. PUBLIC HEARINGS I. ACQUISITION OF AGRICULTURAL 0 SPEAKERS LAND PRESERVATION(ARP) EASEMENT Installment Purchase Agreement for 100.36 acres located in the 5700 block of Blackwater 2. ACQUISITION, BY AGREEMENT OR 0 SPEAKERS CONDEMNATION Poinciana Pump Station Project, CIP 100599 3. ACQUISITION, BY AGREEMENT OR 0 SPEAKERS CONDEMNATION Eastern Shore Drive Drainage Improvements Phase I,Sections IB,IC.2, ID,and IE Project CIPs 100150,100153,100167,&100538 4. ACQUISITION, BY AGREEMENT OR 0 SPEAKERS CONDEMNATION Elizabeth River Wetland and Floodplain Restoration Project,CIP 100551 I.I. Ordinance to DECLARE a portion of City- ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y owned property located along the north side CONSENT of Indian River Road to be in EXCESS of the City's needs and AUTHORIZE the City Manager to EXECUTE all disposition and exchange documents with the Catholic Diocese of Richmond,Virginia for 9.7+/- acres of property on Salem Road J.2. Ordinance to DECLARE vacant property ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y adjacent to 245 Realty Lane to be in CONSENT EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to an adjoining roe owner J.3. Ordinance to AUTHORIZE the acquisition ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y of temporary and permanent easements,either CONSENT by agreement or condemnation re Lynnhaven River Basin Ecosystem Restoration Project Phase 2:Wetland Construction,CIP 100263 J.4. Ordinance to GRANT a Franchise Agreement ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y to Virginia Beach Horseback,Inc.re CONSENT operate guided horse-riding tours on the beach in the Resort Area J.5. Ordinance to GRANT two(2)Franchise ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y l' Y Agreements to Mi Vida Virginia Beach, CONSENT LLC and Grill Virginia Beach,LLC re outdoor cafes at Atlantic Park in the Resort Area J.6. Ordinance to AUTHORIZE the City ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Manager to EXECUTE a Franchise CONSENT Agreement to East Coast Valet Company, LLC for the use of portions of public right- I of-way at Town Center re valet services CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B li S E U - S DATE: 11/19/2024 PAGE: 3 R T H C L H C R A H T W W U E H E M R U A I C D N E M M O L Y L C Y L S I O U M L S 1. 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 J.7. Ordinance to AUTHORIZE the City ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Manager to EXECUTE a Lease for City- CONSENT owned property at Virginia Beach Farmers Market,Building 1,Spaces 3&4 re Chapman's Flowers,Inc.d/b/a Chapman's Flowers&Gifts at the Farmers Market J.S. Ordinance to AUTHORIZE the City ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Manager to EXECUTE a Lease for City- CONSENT owned property at Virginia Beach Farmers Market,Building 6,Space 1 re Lisa Preuss d/b/a Lisa's Tinker Treasures J.9. Ordinance to APPROPRIATE$30,531,524 DEFERRED TO 10-0 Y Y Y Y Y A Y Y Y Y Y from the FY2023-24 School Reversion DECEMBER 10,2024, Funds to the Virginia Beach City Public BY CONSENT Schools FY2024-25 Operating and Capital Improvement Program(CIP)(Requested by the School Board J.10 Resolution to SUPPORT the"Artery District" ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y as a unique section of the City providing a mix CONSENT of restaurants and cultural opportunities and to AUTHORIZE the City Manager to take actions in support (Requested by Council Members Berlucchi,Hutcheson,Remick,Ross- Hammond Rouse Schulman and Taylor) K.1. CATHOLIC DIOCESE OF RICHMOND/ APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y CITY OF VIRGINIA BEACH for a CONDITIONED,AS Conditional Use Permit re cemetery directly AMENDED east of 3168 Indian River Road DISTRICT 2 K2. Ordinance to ADOPT and INCORPORATE APPROVED,BY 10-0 Y Y Y Y Y A Y Y Y into the Virginia Beach Comprehensive Plan CONSENT 2016,re The Local Road Safety Action Plan, 2024 L. APPOINTMENTS RESCHEDULED B Y C O N S E N S 11 S ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD RESORT ADVISORY COMMISSION STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Wd 19:9 LN31NARIfIOfdvAww SS3AIISflfl M3I�iSS3NIISflB Q3HSIAIIANfl N N 11 N I U x N A a I 9JOA NOI.LOW .LD3fHf1S #Wall g O O V S Id 0 O a 3 H vamaov Z S 'I W fl O I S 'I A 3 0 1 A I O W W a H Q J 0 I d fl it W H H a fl M M I H d 'I D H 'I 0 H I 21 b :3'Jdd 4ZOZ/61/11:aIVU S - fl 3 S H H S O SAIOI.LaV 7IJA(l]OJ JO d 1I1'WWl7S ?I HJ1'39 67A(IDMIA 90,UIJ