CITY or EMPORIA VIRGINIP. AGENDA EMPORIA CITY COUNCIL REGULAR, MEETING TUESDAY, FEBRUARY 04, 2025- 6:301 P.M. OPENING PRAYER ROLL CALL APPROVAL OF. AGENDA AWARDS AND RECOGNITIONS Black History Month- - Proclamation Benefit Programs Specialist Appreciation Month - Proclamation NEW] BUSINESS 25-13. Second Quarterly Report - Emporia-Greensvile Recreation Association (EGRA)- Chelsea Thorpe 25-14. YMCAPresentation - Lance Futrell 25-15. Request for Public Hearing - Land Bank Ordinance Adoption 25-16. Proposed Contract with SpyGlass for Technology Expense Management (TEM). Audit PUBLIC COMMENT (Speakers are. limited to 3 minutes) CLOSEDSESSION Closed Meeting pursuant to Virginia Code $2.23711,(A)): Probable Litigation and (A)(29) Contracts POBOX511,201 SOUTHI MAINS ST., EMPORIA, VA 23847TBLEPHONE: (434)6343332H FAX (434) 6340 0003 Visit Our Website at: www.clemporiavaus Page lofl CITY or EMPORIA Memorandum January 30, 2025 TO: FROM: The Honorable Mayor and City Council William, E. Johnson, III, City Manager SUBJECT: Second Quarterly Report t-E Emporia-Greensville Recreation Association (EGRA) C Chelsea Thorpe 25-13 ITEM #: Please find attached the second quarterly report for the Empona-Greensville Recreation During the second quarter, EGRA successfully concluded the football and fall softball season and has now begun the basketball season. A more detailed report, including participant numbers and other key metrics, will be presented at an upcoming board meeting toj provide additional insights. Association (EGRA). Attachments Second Quarterly Report POI BOX: 511, 201 SOUTH MAIN ST., EMPORIA, VA: 23847 TELEPHONE: (434) 634:3332 FAX:(434)6340003 Visit Our Website at: www.cliemporiayaus EMPORIA GREENSVILLE RECREATION ASSOCIATION, INC. Statement of Activity October- December, 2024 Total Revenue Donations Investments Interest-Savings, Short-term CD Totall Investments Other Types of! Income Christmas dinner reimbursement City of Emporia Concession Stand County of Greensville Pavillion Use Total Other Types of Income Program Income Basketball Income Football Income Soccer Income Softball Income Total Program Income Total Revenue Buildings & Grounds Electricity Equipment Maintenance Gas General park maintenance Water Total Buildings & Grounds Concession Stand Total loan payment Office Expenses Books, Subscriptions, Reference Meetings & Dinners Office Supplies Postage & Shipping Printing and Copying Telephone Total Office Expenses Other Types of Expenses Background checks Insurance- Liability, Da and o 2,600.00 8.21 8.21 80.00 29,000.00 6,578.00 12,750.00 250.00 48,658.00 385.00 4,713.00 7,108.04 638.46 12,844.50 64,110.71 2,300.15 516.41 1,372.64 2,092.52 865.52 7,147.24 17.55 934.08 8.43 290.00 826.24 500.97 58.40 11.28 -62.31 1,633.01 188.25 2,035.00 Expenditures Total Other Types of Expenses Payroll Expenses Taxes Wages Total Payroll Expenses Program Expenses Basketball Expense Football Expense Cheerleaders Referee fees Total Footbal! Expense Soccer Expense Referee Fee Uniforms Total Soccer Expense Softball Expense Uniforms Total Softball Expense Total Program Expenses Travel and Meetings Total Expenditures $ 2,223.25 569.79 7,352.32 7,922.11 655.88 1,120.86 257.59 630.00 2,008.45 1,134.93 1,515.00 3,668.65 6,318.58 194.49 221.13 415.62 9,398.53 71.28 29,347.05 $ CITY or EMPORIA Memorandum January 30, 2025 TO: FROM: The Honorable Mayor and City Council William, E.. Johnson, III, City Manager SUBJECT: YMCA Presentation -I Lance Futrell ITEM #: 25-14 Mr. Lance Futrell will provide an update on key YMCA programs, including: Thesummer: school program that the YMCA has successfully managed at our elementary The Aquatics Center program provides swimming lessons for all 6th-grade students in the public school system. Currently, approximately 110 out of150 students have signed up with parental permission. Sessions are held Monday through Thursday from 2:30 -3:30 school for the past three years. PM, and initial feedback indicates the program is going well. Additional details may be shared during the presentation. Attachments POBOX5 511, 201 SOUTH MAIN ST., EMPORIA, VA: 23847 TELEPHONE: (434) 634:3332 FAX: (434)634.0003 Visit Our Website at: www.ciemporia.yaus CITY or EMPORIA Memorandum January 30, 2025 TO: FROM: Honorable Mayor and City Council Members William E. Johnson, III, City Manager SUBJECT: Request for Public Hearing - Land Bank Ordinance Adoption ITEM: 25-15 This is a request to schedule a public hearing for the adoption of the Land Bank Ordinance. The public hearing will be advertised for March 4, 2025, in accordance with legal requirements. The proposed ordinance will provide a framework for the acquisition, management, and redevelopment of vacant, abandoned, or tax-delinquent properties to promote community revitalization and economic growth. Recommendation Attachment Code Enforcement Procedures Michael McColloch - Presentation POI BOX511, 201 SOUTH MAIN: ST, EMPORIA, VA: 23847 TELEPHONE: (434)6 634:3332 FAX: (434)634-0003 Visit Our Website at: www.ciemporiayaus CITY oF EMPORIA IRGINI Memorandum February 4, 2025 TO: The Honorable Mayor and City Council THROUGH: William E. Johnson, III, City Manager FROM: Mike Allen, Codel Enforcement & Property Maintenance Official SUBJECT: Code Enforcement. Procedures Attached in your council package is the process the City of Emporia currently uses to enforce the Virginia Maintenance Code and possible new options that could be used in the enforcement process. POBOX511,201 SOUTH MAINS ST., EMPORIA, VA23847 TELEPHONE: (434)6343332 FAX:(434) 6340003 Visit Our Website at: www.ciemporiava.us City of Emporia Department of Inspections Property MaintenanceP Program MSSIONSTATEMENT Itisther mission oft the City ofl Emporia Department ofl Inspections torequirestrict. adherence to City ordinances and the Virginia Uniform Statewide Building Code by continuing systematic on-going Propertyl Maintenancein inspections and addressing1 problems identified by citizens in and expedient manner. GoalsandObectives Ensure public safety, health, proper. building maintenance xepair, use and the continued adherence to minimum standards of] building construction, ener8y conservation, and accessibility for the phyaalyhamdoupadand Establish an environment cajable of supporting a desirable qyuality of life, recruitment of potential tourism and new business, and the maintenanceof Instill a strong commitment and desire within our community of property owners, tenants. landlords, property managers and realtors to partner in a common, goal tohelpthe City ofl Emporia achieve its full potential asacity Support residents committed to establishing a high degree of d-haphwyaaul-pgal-a aged. Reduce the number ofs structure. fires. existingproperty values. and choiceofresidence EMP 2 1 VIRGI INI CITY OF EMPORIA Flow Chart for Property Maintenance Notices of Violation Step 1. Complaints are received by the Public/ City Employees/ Field Observations. Step 2. Code Official investigates a complaint. Step 3. If violations are observed, a Notice of Violation is issued to the property owner allowing reasonable time to abate violations. Pictures are taken. Field notes Step 4. Notices of Violations are mailed by certified mail or can be posted at the Step 5. Non-complianf cases are turned over to the city attorney to institute legal Step 6. Cases are handled through the Circuit Court. (Fines can be ordered, court can grant an extension of time to have violations abated, Court can grant demolition if property is non-reparable/ Unsafe condition) are taken. property. proceedings. Step 7. If fines are not paid or if the city absorbs the cost of demolition a tax lien Step 8. The city is looking into implementing issuing summons as an additional tool in enforcing Code Enforcement (Fines also are imposed with summons. The summons Step 9. The case would be given to the Land Bank Entity, which would be the final step in the matter. The city would have to adopt an ordinance, and the City Council would have to approve and conduct a public hearing about this. can be placed against the property and soid at a public auction. would be handled through the General District Court.) POBOX511, 201 SOUTH! MAINS ST., EMPORIA, VA 23847 TELEPHONE: (434) 6343 3332 FAX: (434)6340003 Visit Our Website at: www.clemporiaa.s Date: 1/24/25 Cshr: KESHIA POWELL Name: KEI KEVIN PAUL Addr: 612 PEACHTREE ST EMPORIA VA Zip: 23847 - 0000 Cash Register: 001 CITY OF EMPORIA 07:46:45 Account#: 000016520 Cust.Transactions: Type: PAY Dept/Bill#: RE2024 00013860001 P/I Date: 1/24/2025 1/24/2025 Bill Date: 9/06/2024 Half: Due/PstDt: 12/05/2024 1 Nam2: PAdr: 402 F WOODROW HARRIS BLVD Map#: 1216 BK A 1,3 Desc: 402 F WOODROW HARRIS BLVD Acre: MrtgCo: .000 Dist/Cls / Status 0007000.000 Land: SSN: 000 - 00 - 0000 000 - 00 - 0000 $6,000 Improve: $20,300 Use: $0 $.00 $.00 Original Bill: Penalty Paid: Amount Owed: Total Owed: $241.96 Credits: $.00 Int Paid: $.00 $.00 Penalty: $241.96 Discount: $.00 Last Date: 12/06/2024 $.00 Setoff Claim#: 000000000 Other: $.00 Interest: % Int Fact Principal Due: Penalty Due: Total Amount Due: Pen Rate Interest Due: Aging: Promise to Pay Date: F1-Amt Tender F2=Next Ticket F3=Exit F10=Funct Menu F20-Attach Date: 1/24/25 Time: 07:45:03 Cashier: KESHIA POWELL MAP#: 1412 BK C 13 Prop Adr: 414 M WEST END BLVD Customer Transactions: Cash Register: 001 CITY OF EMPORIA KESHIA Register: OPEN Drawer: KP Customer Name: HOUSE WILLIE & BARBARA ANN & (F5-Review) Total Transactions: 340 Dept Ticket No. FRQ BillDate Charge_ Penalty/Int Amount Paid Balance 300.34 221.89 196.90 158.83 145.78 127.58 20.00 5.00 20.00 $1266.32 RE2017 00044400001 001 8/13/2017 RE2019 00012120001 001 8/30/2019 RE2020 00047010001 001 8/31/2020 RE2022 00011700001 001 8/19/2022 RE2023 00011590001 001 8/29/2023 RE2024 00011840001 001 9/06/2024 RE2020 00047010002 001 9/23/2021 RE2020 00047010003 001 9/22/2022 RE2023 00011590002 001 12/18/2023 Old/New Promise Date.: 159.05 133.00 126.35 118.68 118.68 114.08 20.00 5.00 20.00 141.29 88.89 70.55 40.15 27.10 13.50 Comment.. Total: Multiple Pages No. of Transactions: 14 Amount to Pay: F3=Exit F4-Accept Pymt F7=Pay Separately F15=Show Penalty/Int F20-Attachment for Aveha p-the turned to OVER albr-y ben has NOTE: Prepchy Date: 1/24/25 Time: 07:45:03 Cashier: KESHIA POWELL MAP#: 1412 BK C 13 Prop Adr: 414 M WEST END BLVD Customer Transactions: Cash Register: 001 CITY OF EMPORIA KESHIA Register: OPEN Drawer: KP Customer Name: HOUSE WILLIE & BARBARA ANN & (F5-Review) Total Transactions: 340 Dept Ticket No. FRQ BillDate Charge Penalty/Int Amount Paid Balance RE2024 00011840002 001 12/16/2024 RE2017 00095880001 001 7/18/2019 RE2022 00011700002 001 12/16/2022 RE2019 00012120002 001 12/26/2019 RE2019 00033690001 001 7/08/2020 20.00 5.00 20.00 20.00 5.00 20.00 5.00 20.00 20.00 5.00 Comment. Old/New Promise Date.: / Total: $1266.32 Multiple Pages No. of Transactions: 14 Amount to Pay: F3=Exit F4-Accept Pymt F7=Pay Separately F15=Show Penalty/Int F20-Attachment 03/08/2022 08:21 414 B 03/08/2022 08:20 2023/09722 08-50 2023/09/22 08:51 2028/09722 D849 2023/09/22 08:49 2023/09/22 08:50 2023709/22 0850 2023/09/22 08550 à 2023/09/22 08350 2023/09422 08:50 ECSTASEL 03/08/2022 08:21 03/08/2022 08:20 03/08/2022 08:21 03/08/2022 08:20 03/08/2022 08:20 03/08/2022 08:20 03/08/2022 08-20 CITY or EMPORIA Memorandum January 17,2025 TO: FROM: Honorable Mayor and City Council Members William E. Johnson, III, City Manager SUBJECT: Land Bank - Presentation - Mike McColloch ITEM: 25-07 Mr. Mike McColloch from the Virginia Receivership Group is here to present and explain the Virginia Receivership Group's process on. Land Bank. Recommendation Attachment PowerPoint POBOX511, 201 SOUTH MAIN: ST., EMPORIA, VA2 23847 TELEPHONE: (434)6 634:3332 FAX: (434)634.0003 Visit Our Website at: www.ciemporia.yAus COMMONWEALTH LAND BANK VIRGINIA RECEIVERSHIP GROUP THE RECEIVERSHIP PROCESS A health and safety receivership under Virginia Code S 15.2-907.2 is a dramatic, immediate, comprehensive, and systematic tool that ends issues with problem properties without costs to the referring agency or government. Receivership is an effective mechanism to communicate to neighbors and surrounding communities that a locality is taking concrete steps to remedy the problems that the neighborhood has endured as a result of code violations and nuisance conditions. The following is a detailed discussion of the receivership process, including code Virginia Code 5 15.2-907.2 specifies the authority of al locality or land bank entity to be appointed to act as a receiver to repair derelict or blighted buildings/areas in certain circumstances. The First Step for any locality interested in exercising this authority is to pass an ordinance--as outlined in S 15.2-907.1-5 spelling out the locality's "authority to require removal, repair, etc., of buildings that are declared tol be derelict or blighted." ." The ordinance should appoint a health and Commonwealth Land Banki is duly authorized to fill the role of land bank entity and works closely with Virginia Receivership Group on receivership cases. (The Virginia Land Bank Entities Act (S 15.2-7500 et seq.) allows for a locality to designate by ordinance an existing nonprofit entity to carryout the function ofa a land bank entity, subject to a publicl hearing.) NOTE: This need be done Next Steps Once the ordinance is passed, the next steps are repeated for any noncompliant 1. The locality identifies and declares the property and property owner(s) noncompliant per the provisions of S 15.2-907.1 and S 36-49.1:1, finding the property "derelict" or 2. The locality records a memorandum of lis pendens against the property and simultaneously petitions the court for appointment of Commonwealth Land Bank entity to references. safety receiver, be it the locality or a land bank entity. only once for a locality to authorize the receiver. property the locality wishes to place under receivership: "blighted." VIRGINIA RECEIVERSHIP GROUP - COMMONWEALTH LAND BANK 101 Ninth Street - Lynchburg Virginia 24504 434-944-4499 www.arecelvers.com act as receiver to repair the "real property that contains residential dwelling units"; the 3. The land bank entity contracts and completes all necessary repairs. The receivership can 4. The receiver tracks fees and costs associated with the receivership, which constitute the receiver's lien. The lien may be enforced by a sale of the property at public auction following issuance of a sale order by the court. The property owner may redeem the property at anyt time priort to confirmation of sale at public auction by paying the receiver's property must be residential in some regard. last for a period not to exceed two years. lien and all property costs in full. Ifa property proceeds to public auction, the title acquired by the purchaser of the property is governed byt the same rules applicable generally to judicial real estate sales. The result is typically clear title, giving the property a clean slate to begin a new chapter. ABOUT RECEIVERSHIP AHealth and Safety Receiver is: Aneutral third party appointed by a judge Given the power to remediate the blighted/derelict property based on the submitted Able to fund the remediation work by placing a lien on the property; in some cases, the Responsible for reporting all money spentt to rehabilitate the property, which becomes part abatement plan lien may be given super-priority status ofthe Receiver's Lien Responsible toi the court Common Reasons to Consider a Receiver: Unpermitted construction Fire damage, hillside stability, or seismic danger Rampant crime and repeated calls for service Abandoned and unsecured structures Occupants living in dangerous conditions Accumulation of junk and debris, or hoarding Hazardous materials, asbestos, or mold An unmaintained exterior with a lack of defensible space Structural inadequacy or complete failure Lack of heat, electricity, and running water VIRGINIA RECEIVERSHIP GROUP - COMMONWEALTH LAND BANK 101 Ninth Street : Lynchburg Virginia 24504 434-944-4499 www.yarecelvers.com Advantages of a Health and Safety Receivership: Ahealth and safety receivership can be the catalyst for lasting change. Valuable taxpayer dollars do not have to be spent repairing private-property nuisances. Through receivership, a property pays its own repair costs, and the work to remediate the code violations and nuisance conditions ist noti the responsibility oft the enforcement agency. The property can be secured on day one of an appointment. The property can be cleaned, Once ar receiver is appointed, the locality can step back into a monitoring role, reducing the burden on its capacity as the receiver works on the day-to-day issues onsite. Receivership can be applied to a wide variety of properties which contain residential dwelling units, from single-family homes to multi-unit apartment buildings and mobile home Virginia Receivership Group's approach allows properties of all shapes, sizes, and the remediation can begin, shortly thereafter. parks. encumbrances, and values to benefit from the receivership remedy. VIRGINIA RECEIVERSHIP GROUP . COMMONWEALTHI LAND BANK 101 Ninth Street Lynchburg * Virginia 24504 - 434-944-4499 www.yarerelvers.com COMMONWEALTH LAND BANK VIRGINIA RECEIVERSHIP GROUP RECEIVERSHIP CASE EXAMPLE: The Problem Aproperty owner has been cited and given multiple oportunltiestoremedy, serious code violations The community has utilized all available code enforcement strategies without success. Valuable community resources have been expended attempting to gain compliance from the owner to no avail. In the meantime, the property has further deteriorated, aggravating the situation for When prompted, most people can recall a derelict or blighted property. The problem may be an abandoned house that's become a magnet for vagrants, a motel owner who refuses to put reasonable controls on the conduct onsite, or a problem apartment building that is a constant host ofs sirens and flashing lights. Most everyone knows a property of this sort, and most everyone has noticed that substantial time typically passes before positive change occurs. The property may be a danger and nuisance for anyone living nearby, but it doesn't seem like anything can be done to at a property buti is unwilling or unable to comply. neighbors and the community, with no clear or expected solution. change it. And maybe, it's been that wayj for years. The Solution The first steps of code enforcement depend on the property owner to respond to citations and comply with the law. In some cases, this is not enough, and an additional remedy is needed to ensure the abatement of the code violations: the appointment of a health and safety receiver. During a receivership, the community can watch the progress as the receiver obtains court Each receivership property should pay its own costs of repair. Abatement costs should not be the responsibility oft the taxpayers in the surrounding community. Wel believe that the petitioner that nominated the receiver should not be asked to cover any remediation costs. The priorities are abatement and addressing nuisance conditions, even ifap property is' 'underwater." approval for the rehabilitation plan and takes action. VIRGINIA RECEIVERSHIP GROUP - COMMONWEALTH LAND BANK 101 Ninth Street * Lynchburg Virginia 24504 434-944-4499 www.yarecelvers.com COMMONWEALTH LAND BANK VIRGINIA RECEIVERSHIP GROUP FREQUENTLY ASKED QUESTIONS: Whati is a health and safety receiver? Unlike thet traditional concept ofa a financial receivership, a health and safety receiver is appointed to remedy the state and municipal code violations at a nuisance property. Ar receiver is a neutral third party appointed by a judge and given the authority to remedy the issues onsite. Since a receiver can start work immediately after an appointment is granted, receivership can be a quick and effective way to handle emergency situations. Who can start the process? Under Virginia code, a petitioner can be any locality that has followed the prerequisite steps: documenting by ordinance the locality's authority to deal with derelict property; and legally designating a receivership entity. How canltellifan nuisance property is right for receivership? Receivership is appropriate for perpetually hazardous properties when other code enforcement remedies have been unsuccessful. It does not have to be the absolute last-ditch effort, but it is a powerful remedy and should not be used to abate simple problems. A court can appoint a receiver on single-family homes, apartment buildings, trailers, trailer parks, hotels, motels, and other commercial properties. Depending on the court's determination, the powers can be as broad or as limited as necessary. Receivership is a useful tool for pressing situations since the receiver can be onsite making a difference immediately after appointment. Please contact us with any property-specific questions. VIRGINIA RECEIVERSHIP GROUP - COMMONWEALTE LAND BANK 10 Ninth Street Lynchburg Virginia 24504 434-944-4499 www.yarecelvers.com What are the steps in the receivership process? Step 1: Petition the Court. The locality petitions the court fort the appointment oft the land bank entity to act as receiver and simultaneously records a memorandum of lis pendens against the Step 2: Identify a Nuisance Property. The locality identifies and declares the property and property owner(s) noncompliant per the provisions of S 15.2-907.1 and 5 36-49.1:1, finding Step 3: Appointment of a Receiver. Once a receiver is appointed, the property is under Step 4: Remediation. Upon appointment to serve as receiver, the land bank entity contracts and completes all necessary repairs. The receivership can last for a period not to exceed two Step 5: Payment of Receivership Fees & Costs. After the property is fully remediated, ift the owner does not come forward to pay the fees and costs, the receiver may request a court order to enforce the receiver's lien by a sale of the property at public auction. I've never filed a petition for a nuisance property before; where can I get help? Virginia Receivership Group can explain the receivership process. Each case is different, and every owner and property present their own issues. So, while it is up to the petitioner to file the papers, VRG property. the property "derelict" and "blighted," respectively. control of the court via the court-appointed receiver. years. can help explain the necessary requirements. What happens after the receiver is appointed? Once the receivership application receives judicial approval, the bulk of the work lies with the receiver. The rehabilitation plan provided with the appointment application provides the blueprint for the work to be done. The receiver should be onsite immediately following the appointment to inspect the property and initiate the first steps. The receiver must file reports to update the court regarding the receivership status. The receivership ends when the violations are abated, and the receivership fees and costs are paid. How is the receivership funded? The reçeiver, under the authority and supervision oft the appointing court, can borrow against the property and uses those funds to pay for emergency relocation, property rehabilitation, demolition, or other work as authorized by the court in order to bring the property into compliance with local and state regulations. This becomes the Receiver's Lien on the property that may have priority status for reimbursement. VIRGINIA RECEIVERSHIP GROUP - COMMONWEALTH LAND BANK 10 Ninth Street - Lynchburg Virginia 24504 - 434-944-4499 www.arecelvers.com What happens ift the owner or occupants are living onsite? Inr most cases, it is too dangerous for anyone living onsite to remain while violations are present and remediation work is ongoing. The receiver can provide financial and physical assistance to any occupants, including those who are not living there legally, to help them relocate temporarily orp permanently to safe, habitable housing. In some cases, this is unnecessary. Each case is unique, and the need for relocation depends on the scope of work and scale ofc conditions. These are case- dependent situations, based on the parties, their participation, and ultimately, on the court's Does an owner regain control of the property after the receivership? An owner has multiple opportunities to abate the property prior to appointment of a receiver, and there is also a period after the receiver's abatement is complete when the owner can redeem the property and regain Prior to sale or auction, there is a notice period; during this time, the owner has the option to pay the Receiver's Lien and retain ownership. Ift the owner does not come forward with full payment, the property can be sold at public auction with court approval. Any excess proceeds from the evaluation of what has tol be done. control. auction go to the former owner(s) or heirs. What is the legal basis for receivership in Virginia? The grounds for the receivership process are laid out in Code of Virginia S 15.2-907.2. which authorizes the designation of al locality or land bank entity to be appointed to act as a receiver to repair derelict and blighted buildings in certain limited circumstances. VIRGINIA RECEIVERSHIP GROUP - COMMONWEALTH LAND BANK 10 Ninth Street Lynchburg Virginia 24504 434-944-4499 www.yarerelers.com COMMONWEALTH LAND BANK VIRGINIA RECEIVERSHIP GROUP STATUTORY REFERENCE AND LINKS TO RELEVANT PROVISIONS OF THE $15.2-907.1. Authority to require removal, repair, etc., ofbuildings that are declared to be derelict; VIRGINIA CODE: civil penalty. htp/lawlsvipinia.o.ma.llai52alaseeassionl52.9V7. $15.2-907.2.. Authority of locality or land bank entity to be appointed to act as a receiver to repair derelict and blighted buildings in certain limited circumstances. t/laalisvininiasovaae.lai52ehseassionis2.912 trs/lawlisvininiasov.séslamamslamchank-emtites-ac Chapter 75. Land Bank Entities Act. GLOSSARY Blight: "Blighted area" means any area that endangers the public health, safety or welfare; or any area that is detrimental to the public health, safety, or welfare because commercial, industrial, or residential structures or improvements are dilapidated, or deteriorated, or because such structures or improvements violate minimum health and safety standards. This definition includes, without limitation, areas previously designated as blighted areas pursuant to the "Blighted property" means any individual commercial, industrial, or residential structure or improvement that endangers the public's health, safety, or welfare because the structure or improvement upon the property is dilapidated, deteriorated, or violates minimum health and safety standards, or any structure or improvement previously designated as blighted pursuant to provisions of Chapter1($36-16 et seq.) oft this title. $36-49.1:1, under the process for determination of "spot blight." Derelict building: "Derelict building" means a residential or nonresidential building or structure, whether or not construction has been completed, thatmight tendanger the public's health, safety, or welfare and for a continuous period in excess of six months, it has been (i) vacant, (i) boarded up in accordance with the building code, and (ili) not lawfully connected to electric service from a utility service provider or not lawfully connected to any required water or sewer service from a utility service provider. $15.2-907.1 VIRGINIA RECEIVERSHIP GROUP . COMMONWEALTH LAND BANK 10 Ninth Street Lynchburg Virginia 24504 - 434-944-4499 www.arerelers.com Flow Chart of the Receivership Process The locality passes an ordinance--as outlined in S 15.2-907.1- spelling out its "authority to require removal, repair, etc., ofbuildings that are declared to be derelict or blighted." The ordinance should appoint a health and safety receiver, bei it the locality or a land bank entity. - Sepz Recorda memorandum of s pendens againstthe property and smultaneously pettionthe court for appointment of an appropriate entity (such as Commonwealth Land Bank) to act as receiver to repair the "real property that contains residential dwelling units." The property must be residential in some regard. Step 3: Attend the appointment hearing, at which the owner has the right to object and present a plan of remediation Ift the court accepts owner's remediation plan, appointment of receiver is denied. End Process Ift the court does not accept the owner's plan, ori ifr no such plan is presented, the court appoints a receiver. Step 4: Commonwealth Land Bank, as the court-appointed receiver, contracts and completes all necessary repairs. The receivership Can last for a period not to exceed two years. Step 5: The receiver tracks fees and costs associated with the receivership, which constitute the receiver's lien. Step 6: Satisfaction of the receiver's lien: The property owner may, redeem the of sale at public auction by paying the ift the receiver's lien is not paid, i may, be enforced by a as sale order by the court. The result is typically clear title, property at any time prior toconfirmation sates ne property at pubnc auction onowig ssuanceor receiver's lien and all property costs in full giving the property a clean slate to begin a new chapter. Step 7: Termination & Discharge of Receivership: After the property is fully remediated, the court will terminate and discharge the receivership. ORDINANCE) NO.230 Amending Chapter 6 - Building by adding Article VI-Land Bank Entity THE TOWN OF FARMVILLE HEREBY ORDAINS: 1. Chapter 6 - Building be amended by adding Article VI-Land Bank Entity to include Sections 6-150 through 6-165 ofthe' Town of Farmville Town Code as follows: ARTICLEI VI-LAND BANK. ENTITY Sec. 6-150. Authority. For Creation Pursuant to the authority granted by Section 15.2-7512 of the Code of Virginia, the Town of Farmville hereby designates Commonwealth Land Bank, ai non-profit entity, and its governing board, to carry out the functions ofal land bank entity. Sec. 6-151. Governance The governance structure, articles of incorporation, charters, bylaws and other corporate documents ofCommonwealth, Land. Bank are, sufficient to authorize Commonwealth Land. Bank to carry out the provisions ofthe Land. Bank. Entities. Act (Sections. 15.2-7500 - 15.2-7512 ofthe Code of Virginia). Sec. 6-152. Purpose The purpose of the Land. Bank. shall be to assist the Town ofFarmville to address real property that contains residential dwelling units that are vacant, abandoned, tax delinquent, derelict, or blighted, as defined in Sections 15.2-7501, 15.2-907.1, and. 58.1-3970.20 ofthe Code ofl Virginia. Sec. 6-153. Authority To Be Appointed To. Act As A. Receiver Inc accordance with Code ofVirginia Section 15.2-907.2, the Town of Farmville may petition the circuit court for the appointment ofal land bank entity created pursuant to the Virginia. Land Bank. Entities. Act to act as ai receiver to repair real property that only contains residential 1. The locality has properly declared the subject property to be a derelict building in compliance 2. The subject property owner(s) are in noncompliance with the provisions of Section 15.2- dwelling units in accordance with all ofthej following: with. the provisions of Section 15.2-907.1 of the Code of Virginia; 907.1; 3. The Town has properly declared the subject property to be blighted in compliance with the provisions ofSection 36-49.1:1for. spot blight abatement, and the. subject property is itself 4. The property owner(s) are ini noncompliance with the provisions of Section 36- 49.1:1 requiring abatement ofthe blighted condition oft the property; 5. The Town. has made bonaj fide efforts to ensure compliance by the property owners of the subject property with the requirements of Sections 15.2-907.1 and, 36-49.1:1; 6.2 The repairs to the subject property are necessary to bring the subject property into compliance with the provisions ofthe Uniform Statewide Building Code; 7. The repairs to the subject property necessary to. satisfy the requirements ofsubsection 6 shall not result in a change ofuse for zoning. purposes oft the subject property; 8. Upon appointment by the circuit court to serve as ai receiver, the Town or land bank entity shall have the authority to contract for all reasonable repairs necessary to bring the property into compliance with the provisions of the Uniform Statewide Building Code, subject to all applicable requirements ofstate and local procurement laws. Such repairs shall be made in a time period established by the court, bul ini no event. shall a receivership exceed two years; 9.1 Notwithstanding any other, provision oflaw, the provisions ofthis section are subject to the requirements of the Servicemembers Civil. Relief4 Act (50 US.C. $3901 et seq.); and 10. Notwitnstanding any other provisions oflaw, the subject property. shall be eligible forany B. A petition by the Town to be appointed, or to appoint a land bank entity created pursuant to the Land. Bank. Entities. Act (S 15.2-7500 et seq.), to act as ai receiver shall include affirmative statements that the Town has. satisfied each. requirement ofthis Section andj further. state that the Town has recorded a memorandum oflis pendens simultaneously with the filing ofs said petition. The costs oft the receivership, along with reasonable attorney) fees, incurred by the Town or land bank entity as receiver shall constitute ai lien inj favor ofthe Town or land bank entity against the subject property in accordance with the provisions ofSection, 58. 1-3340 of the Virginia Code, and shall be equivalent to and collectible in the same manner as delinquent real estate taxes owed to the Town. The judicial proceedings discussed. herein shall be held in accordance with the requirements, statutory or arising at common law, relative to effecting the sale ofreal estate by a creditor's bill in equity to subject real estate to the lien ofajudgment creditor. C. The Town or land bank entity created pursuant to the Virginia Land Bank. Entities Act (S 15.2-7500 et seq.) appointed to be a receiver may enforce the receiver's lien by a sale ofthe property at public auction, but only upon application; for and entry of an order ofs sale by the circuit court. The court shall appoint a special commissioner to conduct the sale, and an attorney employed by the Town may serve as. special commissioner. Such. sale shall be upon order of the court entered afier notice as required by the. Rules ofthe Supreme Court ofVirginia and following publication ofnotice of the sale three times in ai newspaper of general circulation, with the first notice appearing no more than thirty-five (35) days before the. sale and the third notice appearing no less than. seven days before the sale. Following such public auction, the blighted; real estate abatement programs that exist in the Town. 2 special commissioner shall fle an accounting with the court and. seek confirmation of the. sale. Upon confirmation, the special commissioner shall be authorized: to execute a deed conveying title, which shall pass free and clear to the purchaser at public auction. Following such sale. the former owner(s), or any heirs, assignees, devisees, or successors in interest to the property shall be entitled to the surplus received in excess ofthe receiver's lien, taxes, penalties, interest, reasonable attorneyfees, costs, and any recorded liens chargeable against the property. At any time prior to confirmation ofthe sale, the owner. shall have the right to redeem the property, as provided, for in subsection D. The character oft the title acquired by the purchaser of the property at public auction shall be governed by the principles and rules applicable to the titles of D. The owner ofany property subject to receivership may redeem the property at any time prior to the expiration of the two-year period or prior to confirmation ofsale at public auction by paying the receiver's lien inj full as well as the taxes, penalties, interest, reasonable attorneyfees, costs, and any recorded liens chargeable against the property. Partial payment shall not be sufficient to redeem the property and shall not operate to. suspend the receivership. E. Ini lieu ofappointment of a receiver, the circuit court. shall permit repair by a property owner or a person with an interest in the property secured byd a deed of trust properly, recorded upon 1.1 Demonstration of the ability to complete the repair within ai reasonable amount oftime to be purchases atj judicial. sales ofreal estate generally. the following conditions: determined by the court; and 2. Entry ofa court order setting, forth a schedule for such repair. Secs. 6-154-6-165. - Reserved. 2. This ordinance shall be in full force and effect upon passage. Approved: SA Mayor Attest: P,wkh Clerko ofCouncil Icertify that the above ordinance was: Adopted on OCTOBER 9,202y Ayes: 7 Nays: o Absent: o Abstain: 0 3 The Honorable A.D. "Chuckie" Reid: The Honorable Sallie O. Amos The Honorable Daniel E. Dwyer The Honorable Tommy Pairet The Honorable Adam Yoelin The Honorable Donald L. Hunter The Honorable John Hardy Yes yes YES yes YES YES Ye3 4 Receivership addresses many musance property types... CAUFOANIA REPUBLIC Slmlord Properlies 15 Valencia St. Alhambra Hoarder. Properties 16557 Bircher St. Granada Hills Vacant Properties Athens Way Los Angeles Fire-Damaged. Properties Saddleback Inn Santa Ana County ofLos Angeles 0. Mendoza Illegal vehicle dismantling business REPUBLIC Before After County OfLosAngeles U. Elias Substandard/urc/unpermitted structures and makeshiftjail REPUBLIC Before After People U. Scott Narcotics sales and rooster-tignuing operation REPUBUC Before After County ofLos Angeles U. Jacobs Drug/gang house and substandard housing EPueLC Before After 1500 Barclay I Ballimore - Leboto Clothing Factory 9 Before After 400 E. Oliver Street I Ballimore Before After 81 Dalton Street I Wilbraham Before Af 82 Temple Street I Springfield - m MDT M Before Afler 885 Reed Street Net Bedford Before E After 3228.N. Waynoka Circle I Memphis Before After 1663 Latorence Avenue I I Memphis After Before 448 W. Brooks Road I Memphis Before After 2983 Jackson Avenue Memphis Before A 11 897-899 Pope Street I Memphis Before After After Rehab CITY or EMPORIA Memorandum January 30, 2025 TO: The Honorable Mayor and City Council THROUGH: William E. Johnson, III, City Manager FROM: Alicia M. Hargrove, Finance Director SUBJECT: Proposed Contract with SpyGlass for Technology Expense Management (TEM) Audit 25-16 ITEM #: The Finance Department is requesting approval to enter into a contract with SpyGlass to conduct a Technology Expense Management (TEM) audit for the City's telecommunications and technology services. The rapid evolution of telecommunications and technology services- encompassing voice, data, internet, cloud services, and mobility-has significantly expanded the scope of our technology costs. As a result, managing these expenses has become a critical factor SpyGlass is a leading provider of TEM services, and their SnapShot Audit process is specifically designed to challenge the status quo of technology costs. Through this audit, SpyGlass will help 1. Control Telecom Costs: Identify significant savings opportunities, eliminate fraud and unauthorized charges, and recover funds through the identification of billing errors and 2. Streamline IT and Finance Operations: Ease the administrative burden associated with auditing, asset management, and payment processes, allowing our team to focus on other 3. Reduce Risk: Increase accuracy in expense tracking and reporting, while ensuring SpyGlass will conduct a personalized SnapShot Audit, leveraging their sophisticated technology in optimizing the City's budget and operational efficiency. the City: contract violations. critical business needs. business policies and regulatory compliance are adhered to. spend analytics and hands-on audit expertise. The process will include: Building ai real-time inventory of our IT assets. POBOX511, 201 SOUTH! MAIN ST., EMPORIA, VA: 23847 TELEPHONE: (434)634.3332 FAX: (434)6340003 Visit Our Website at: www.ciemporiaya.us Gathering and reviewing all bills for discrepancies and overcharges. Searching for contract violations and areas where services can be optimized. Negotiating with service vendors to secure better contracts. Throughout the process, SpyGlass will provide live updates via aj personalized portal, keeping us informed of progress and savings opportunities. Their industry benchmarking insights will allow us to compare our performance to peer organizations, ensuring that we are operating efficiently Given SpyGlass' proven track record and expertise in optimizing technology service expenses, we believe their audit will provide a substantial return on investment by uncovering savings, Should you have any questions or require additional details, please do not hesitate to contact me. within our budget. improving operational efficiency, and reducing risk. Recommendation important audit. Attachment SpyGlass Contract We respectfully request that the City Council approve the engagement of SpyGlass to begin this SpyGlass Snapshot Audit Agreement This agreement, effective as of the later oft the dates of signature below ("Effective Date"), is between City of Emporia 1.P Primary Audit Services. Company is engaging Auditor as an independent contractor to analyze its primary telecommunications service accounts (Voice, Data, Interet, Cloud Services, Saas Licensing, and Mobility) to seek cost recovery, service elimination and cost reduction recommendations. Company will provide Auditor with the materials required to perform its analysis and Auditor will conduct a Kickoff meeting with Company to review the materials provided and introduce Auditor's personnel assigned to the project. Auditor will deliver the recommendations to Company at a Summary of Findings meeting, implement recommendations that Company elects for Auditor to implement, and deliver a complete telecommunications inventory to Company. Upon completion of implementation, Auditor will conduct an Industry Benchmark. Analysis ("IBA") Meeting to compare Company's spending and audit While Auditor is performing its analysis, Company will not make changes or perform internal cost reduction analysis with respect to 2. Fees. Company will pay Auditor the applicable fee set forth below ONLY for Auditor recommendations implemented within twelve ("Company"), and" The SpyGlass Group, LLC, an Ohio limited liability company ("Auditor"). results against industry peers as well as all SpyGlass clients, officially bringing closure to the engagement. provider accounts which Company has included within the scope of Auditor's review. (12) months of Auditor delivering ther recommendation to Company: 50% of any" "Cost Recovery", as defined below 121 times any "Service Elimination Savings", as defined below 121 times any "Cost Reduction Savings", as defined below "Cost Recovery" is any refund, credit or compensation received by Company relating to past services or charges. "Service Elimination Savings" is any monthly cost reduction received by Company relating to cancellation of any service, including monthly usage cost reduction (calculated as the average oft the last 2 months of usage costs associated with the cancelled service). "Cost Reduction Savings" is any monthly cost reduction received by Company relating to the modification, consolidation or negotiation of any service, account or contract, including post discount usage rate improvement (calculated as the (a) decrease in post discount per unit pricing realized by Company for any service, times (b) the average of Company's last two (2) months usage 3. Invoicing and Payment. Fees for Cost Recovery are due as a one-time payment within 10 days of verification that Company has been issued the refund, credit or compensation resulting in such fees. Fees for Service Elimination Savings and Cost Reduction Savings are due as a one-time payment within 10 days of verification that the cancellation or other activity resulting in the Service Elimination Savings or Cost Reduction Savings has been completed. Auditor may issue separate invoices as different fees 4. Miscellaneous. This agreement is governed by the laws of the Commonwealth of Virginia, without regard to principles of conflicts of law, and may be executed by facsimile and simultaneously in multiple counterparts. Company agrees that Auditor does not warranty the overall pertormance, Company satisfaction, or data accuracy of any telecommunications related carrier, provider, software manufacturer or vendor at any time whatsoever during or after the term of this agreement. Each person signing this agreement on behalf of a party represents that he or she has been duly authorized to sign this agreement and to bind the party on whose behalf this agreement is being signed byt that signatory. Int the event of any litigation, proceeding or legal action arising out of orr relating to this agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees, court costs, and other expenses incurred in connection with such dispute or legal action, in addition to any other relief granted. AUDITOR SHALL NOT BE LIABLE TO THE COMPANY FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE IN ADVANCE. IN ADDITION, IN NO EVENT SHALL AUDITOR'S LIABILITY levels measured in such units for the modified service). are earned. TOCOMPANY EXCEED THEI FEES ACTUALLY PAIDI BY COMPANY TO. AUDITOR. INV WITNESS WHEREOF, the parties hereto have executed this agreement: as of the Effective Date. COMPANY City of Emporia Signature: Print Name: Date: AUDITOR The SpyGlass Group, LLC Signature: Print Name: Edward M. DeAngelo Date: