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SEPTEMBER 1, 2015 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G'Ni�segc MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 p4 M.BENJAMINDAI'ENPORT,At Large ROBERT M.DYER,Centerville-District I V f ),,Y BARBARA M.HENLEY,Princess Anne District 7 SHANNON DS KANE,Rose Hall-District 3 �m�" aT JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 0 o a JOHN E.UHRIN,Beads-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lvnnlmven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORE CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS 1 September 2015 E-MAIL:Crycncl@vbgov.com e CITY CLERK-RUTH HODGES FRASER,MMC p MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 3:30 PM A. REGIONAL GREENHOUSE INITIATIVE Ronald (Ron) A. Villanueva, Delegate 21St District, Virginia General Assembly II. CITY MANAGER'S BRIEFING A. LIGHT RAIL—FINANCING/NEPA—RAIL VEHICLES Dave Hansen, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend J. D.Norris, Jr., Pastor Virginia Beach Freewill Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 18, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PRESENTATION OF KING NEPTUNE Edward J. Amorosso and Court Ron McIntosh, Chair Neptune Festival 2. UNITED WAY OF SOUTH HAMPTON ROADS Carol McCormick, President/CEO 3. PAYROLL WEEK RESOLUTION Patti Phillips, Director- Finance I. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY 1449 Bartow Place 2. LEASE OF CITY PROPERTY 300 21st Street and 305 20th Street—McDonald's Corporation Virginia Beach Farmer's Market—Moosewood Creek J. ORDINANCES/RESOLUTION 1. Resolution to SUPPORT vigorous opposition by the Attorney General to the lawsuit of Virginia Uranimum seeking to invalidate a Moratorium on Uranium Mining in Virginia 2. Ordinance to DECLARE 1449 Bartow Place EXCESS and AUTHORIZE sale of the property to MICHAEL R. and BARBARA J. ST. JEAN 3. Ordinances to AUTHORIZE and EXECUTE leases: a. McDonald's Corporation at 300 21st Street and 305 20th Street b. Angela Dunn d/b/a Moosewood Creek at the Virginia Beach Farmer's Market 4. Ordinances to ACCEPT and APPROPRIATE to Human Services: a. $211,411 in Grant Funds from the Virginia Department of Behavioral Health and Development Services re assistance for homeless persons with substance abuse disorders b. $12,153 from Virginia Criminal Justice Services re the Community Corrections.and Pretrial Program c. $7,000 donation from Beach House Inc. re Colleague/Clubhouse training K. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY SERVICES BOARD—CSB DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 9/1/15 st -1- iia s�ye4. nf 7 s , $ e VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 1, 2015 Mayor William D. Sessoms, Jr., called to order the City Manager's Briefing, in the City Council Conference Room, Tuesday, September 1, 2015, at 3:30 P.M. Council Members Present: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson, and James L. Wood Council Members Absent: None Mayor Sessoms, on behalf,of City Council, wished Council Lady Henley a Happy Birthday. Council Lady Wilson advised her birthday is tomorrow. September 1, 2015 -2- CITY COUNCIL'S BRIEFING REGIONAL GREEHOUSE INITIATIVE ITEM#65150 3:30 P.M. Mayor Sessoms welcomed Delegate Ron Villanueva. Delegate Villanueva expressed his appreciation to City Council for their continued support. Unfortunately, Virginia has a real threat with Coastal Flooding and this has been addressed in the last two (2) State administrations. However, there is no current funding to help with localities: " '� red" '= .11-14t, "� ,4 "Ty;,,,• atey ' k' � , J s .*. + byn*e * t pW �.:7` • �• • `�,. u. " Delegate Ron Villanueva Cities of Chesapeake[part)and Virginia Beach(part) 21v District `W& `e Herets bons OT Coastal Flooding Sea Level Rise Projections in Virginia's Past& Ongoing Efforts Hampton Roads(VIMS) on Sea Level Rise Ci�anae- SEwrginiasealevelrisescenarios a:.;dy Y.'r;aremr^?endations,-J', a _ - VIMS R..-..�rrenr t oc rO St.-dq to.Tlde':vaier vAt Ganerai f.-embl�F erre . :odIn ;dial 6 y�hcarnmi'ie� {":: r:ecom.mendafions ynest "`" �- �r - lc;CJD-�. ., Sec:ire c -;cod.. �n eaah Fan-'-� e FiSe- „zPecom:m-no a5on; N, rel=e ima i.n Sna a - °eccrcmenoanons. ^_014 zssz zoao zozo fow zrca zmo uoo - September 1, 2015 11 -3- CITY COUNCIL'S BRIEFING REGIONAL GREEHOUSE INITIATIVE ITEM#65150 (Continued) Below is a home in Virginia Beach neighborhood that has suffered recurringflooding: 711 16. .a � at p+h'jg 11 i, 1 a k,a ri'b�ie-rt'�4"5^e*:.a4"3 +a3Y* M 1 �� '","a a" 6ti-r F . VA Beach faces more than$100 million in mitigation costs for repetitive loss properties(two paid flood losses of more than$1,000 each in any 10-year period since 1978-$185,000 average cost of mitigation per home) Since 2010, VA Beach received only$725,000 annually from FEMA's Hazard Mitigation Assistance (HMA)program to cover insured repetitive loss properties Relying on FEMA assistance alone at current levels,it would take VA Beach 143 years to mitigate the city's 561 repetitive loss properties(Wetlands Watch Study-2014) In the North-Atlantic Region, States banded together to create the Regional Greenhouse Gas Initiative (RGGI). It began in the 1980s with President Reagan to phase out lead gasoline and was used as recently as 2005 by President Bush to further limit sulfur dioxide emissions from power plants: Regional Greenhouse Gas Initiative (RGGI) Cap-and-Trade History Current RGGI States How RGGI Works ISOs. s Lroposeci b',Pres Bo cr ' D.ance tar 4?e13e trrr C J nen aasaline real n-:Nide cap, 1484:Pres.;;eorgP LI L. L.J., Ib.vtr It 2 5irmm_cr Lsed' c r du'e s v:dio,.ide �o.par.les cJ J ' P^•ss or "mpo.re,plonis sta.�=low cap �"� � �Acld F' -i PrGaramj 003-C2 3PcfaIC IB-iJl'; nr �.or.ce<s d of a ar-,I pronesea PGG!as market auction-returned to states tar based solution t carbon dioxide reductions %'j° .' Prc;eated ,$200 md!:cn Jr auction re e I"e a.wall Gearg Vl.Bush -.u< used th�ot,gh°030 t /irginla d�o:ide car ;=rorr ocrver _ S_+ufion to EP 's�iea�Pc,ver pfanls Plan September 1, 2015 -4- CITY COUNCIL'S BRIEFING REGIONAL GREEHOUSE INITIATIVE ITEM#65150 (Continued) Delegate Villanueva, along with Delegate McEachin, is sponsoring the Virginia Coastal Protection Act that is joining the RGGI to create the Commonwealth Resilience Fund. Below are the proposed allocations: iheYirginia Coastal,. Allocations protection 1 Commonwealth Resilience", � ' Fund( illnue 5%,sem � Omilli u71L;f rs'a lr�a ase CP'd fi on a ad plat on 109 Omalacrr nU ;fc siate'Jde °' ff: rg'et [oa an: half to e� ✓ - �I� y a �_on r id -.is rak r o cost)and r 50% „ modem'. c.,rr.<_reid nr Pr.g am e O nlllcr am J :c eccrervc E 3D. 8 $i0 m.ric ., .,alY/for slatev✓ide �" '`� �+' renewables .�10 miiiio or sate proaramn,atc expenses Below is specific information relating to RGGI and the Clean Power Plan: r "fir`` ,. i� 'e� ' �k � r �✓�� s� p �i X34 ya'°,sh��: ro� „� kyr rv�'"��'`,rs %'�4` " ✓ i �t,� tir'�rinalda dip >'�E�- r "�"s�`,swr r��^ °,�''�,�..,iHw�.-;. m�„a ''+✓a��w�r u;.G,ra,,.x.,�ak„ak..w:,:..lw,a�.ct��'W."x'm, ,fi�h..I6�L° ��.,'a m..ek ��_"�'> �,^a�,n`'n'.+�. What is the Clean Power Plan?(CPP) nets``=or nit :o,e>to reduce carbon.1 CrY1dc t. 2030 What is the Regional Greenhouse Gas Initiative?(RGGI) Rk0 -1s a molt slate e`rt to reduce COL-pallutlon.Under the CYP aces he ie option of gc n�st a(on or by joining a regional effort like RGGI and reduce n -hr.i n<_ross m�=I,ale states Where is Virginia now?What are our goals under the CPP? As of 2012 the adiusfed baseline near for the CPP,Virginia's starting point is 27,365,439 short tons of CO2 emissions.Acceuntina fo;a..y new demand growth and ofner -....o.^,al increases in en L. Virginia must stay below an emissions goal of 27,735 010 short tons of CO2 by 2030. Why RGGI to meet the CPP? Tne at”;his;o i;ndc-alto .nces and corrbine e. Fissions goa,,ith o'ner states cremes fres bility in m .-g stat 'ar-iets_Pius auctfor e enues ognerated by RGGI p o tates ih n' sed to f r d_..utions to state p io dies,hke the costo ,codnpion Roads September 1, 2015 -5- CITY COUNCIL'S BRIEFING REGIONAL GREEHOUSE INITIATIVE ITEM#65150 (Continued) Should Virginia and other Mid-Atlantic States form a new RGGI "alliance", below are some of the benefits: RGGI Works Since the program's inception in 2008,RGGI states cut CO2 pollution nearly 3x faster than non-RGGI states(Acadia Center-July 2015 Report) RGGI Creates Jobs From 2012-2014,RGGI led to$1.3 billion in net positive economic activity throughout the nine-state region (Analysis Group-July 2015 Report) RGGI Reduces Bills From 2012-2014,RGGI led to$460 million in total consumer savings by way of bill reductions in the nine-state region. (Analysis Group-July 2015 Report) RGGI Provides Certainty The nine RGGI states represent 25%of the U.S.population.RGGI has operated for more than six years leading to positive results.In the age of uncertainty over the CPP,RGGI proves cutting emissions in a multi-state effort can be achieved while providing benefits for the economy and the consumer • N� The Facts Since 2008,electricity rates in RGGI states declined 2%while rates in rest of nation increased 13%(Acadia Center-July'151 Common Objections Average electricity bill in RGGI slates is RGGI will increase rates $108.43 vs.$111.08 nationally and$125.36 in Virginia(U.S.HA) RGGI will increase bills Since 2008 RGGI states experienced 3% RGGI will kill jobs more economic growth over non-RGGI states(Acadia Center-July'151;all nine states showed net job growth(Analysis Group-July'15) September 1, 2015 -6- CITY COUNCIL'S BRIEFING REGIONAL GREEHOUSE INITIATIVE ITEM#65150 (Continued) Below is the Statewide support and Delegate Villanueva is requesting City Council support and consider adopting a similar Resolution: k Pw�u Editorial Board Endorsements of Virginia Joining RGGI Richmond Tmes-0ispatch(2!4'13) ginian-Pco'(215'!51 Tha'T•,'oshington Pose /26/ 5 and 2i:=ll1 5j City Councils Passing Resolutions Ciiy o`hlorfolk j;anoary 2015; City o`Chor l 0-1eWE, 3,,20151 Request City of Virginia Beach(September 2015) (note:while the Virginia Coastal Protection Act failed to pass the 2015 General Assembly,it remains the only solution that provides the resources localities need for adequate flood protection) THE POWER OF COASTAL PROTECTION How Adaptation Funds Can Support Tidewater VA • "ii CO2 inn 4.'4°* 1111 jrrslIM Y 3 i 44111. IS:a (�}:..». i4!.NominN6 F61ANCt `' INSURANCE SCIENCE $431 million reinvested in adaptation efforts • d a A would create at least 4,200 jobs,from erusu«amws.wow rxvwcr construction to design awrrtermiaw per= wow., , to engineering to (4nnt1vj,1Lers ,i n Lt'On, MAST.. wmMOM* O Ml finanCe.r UMW rBtlnsem n+n n+r....+m..'u.wd .w...,u.^,w,v.....,...aw....r.Wn.w.r..�...m. September 1, 2015 -7- CITY CO UNCIL'SBRIEFING REGIONAL GREEHOUSEBRIEFINITIATIVE ITEM#65150 • (Continued) n „rkoL"1C=s° The Virginia Coastal Protection Act-Commonwealth Resilience Fund VB Council Next Steps Mayor Sessoms thanked Delegate Villanueva for all of his hard work to continue making this the "best city in the world". September 1, 2015 -8- CITY MANAGER'S BRIEFING LIGHTRAIL—FINANCE/NEPS RAIL VEHICLES ITEM#65151 3:44P.M. Mayor Sessoms welcomed Dave Hansen, Deputy City Manager. Mr. Hansen advised today's Briefing is for informational purposes only: Virginia Beach Light Rail Extension to Town Center Update DCM Dave Hansen September'1,2015 Below is today's update: Virginia Beach Light Rail Extension to Town Center Update I. NEPA conclusion II. Light Rail Vehicle Purchase III. Estimated cost savings on steel associated with Buy America IV. Estimated cost savings on labor associated with Davis Bacon V. Project Schedule September 1, 2015 i I I -9- CITY MANAGER'S BRIEFING LIGHTRAIL—FINANCE/NEPS RAIL VEHICLES ITEM#65151 (Continued) Below is NEPA Conclusion: NEPA Conclusion 'v NEPA is Federal law applies to governmental agencies on projects where there is Federal funding,Federal decision,or other Federal action. Y On major transit projects with Federal participation,the Federal Transit Administration(FTA) is the lead Federal agency that must comply with NEPA.FTA requires the NEPA process to be initiated on all transit projects where it is anticipated that Federal dollars will be required for the completion of the construction of that project. Y When the construction financing for the project is determined,if no Federal dollars are included and there is no other Federal action required,the requirement for NEPA no longer applies.With no FTA funding,decision,or action for that construction project,the NEPA process is discontinued. Y For the Light Rail extension into VB,it was assumed from early project stages that federal dollars would be required for construction of the project for alternatives to Rosemont and to the Resort Area;therefore,FTA approved the initiation of the NEPA process concurrent with early development and design of the project. NEPA Conclusion Y City Council's LPA decision limiting the scope of the project to a 3.1 mile extension on an existing rail line prompted FTA Region Ill to consider whether an FEIS and ROD were required.FTA Region Ill has suggested a Categorical Exclusion might be the appropriate"Class of Action"for compliance with NEPA. Y Because the funding(State and local)for the construction of the LPA no longer included Federal funding,FTA no longer has a mandatory role in the project as defined by NEPA. Y FTA has indicated an intention to discontinue the NEPA process at this time.We anticipate receiving formal FTA correspondence confirming this decision. lY If federal funding were to be requested,FTA would pursue a Class of Action known as a Categorical Exclusion.A Categorical Exclusion would be considered and potentially issued only after a request for federal funds was made. Y If determined at a later date,based on unforeseen conditions,that Federal funds would be required to complete the construction of the transit project,the appropriate project sponsor would request a final determination of the Categorical Exclusion in order to complete the NEPA process and apply for Federal funds. Y Going forward the City will be required to comply with all environmental and historical permit regulations of federal,state and local jurisdictions. September 1, 2015 -10- CITY MANAGER'S BRIEFING LIGHTRAIL—FINANCE/NEPS RAIL VEHICLES ITEM#65151 (Continued) NEPA Conclusion Y Once FTA issues their process decision correspondence we expect a communication from HRT advising how they will respond to the substantive public comments of the DEIS phase. ➢ Use of funds to-date to advance the project development were necessary for the decision making process that lead to the selection of the Town Center Alternative as the Locally Preferred Alternative.On-going use of funds are necessary to advance project engineering and other required environmental clearances such as wetland permitting. (i.e.-money wasn't "wasted"on NEPA studies to-date as these were otherwise required for project development and decision making) • Use of Federal funds for the purchase of the former NS ROW and use of Federal funds for development of the project through the current design efforts have been covered under legally separable and independent Federal decisions and independent of NEPA requirement. ➢ Future use of Federal funds for operations and maintenance of the State/City funded project are not jeopardized by not completing the NEPA process. ➢ Future use of Federal funds for study or construction of follow-on extensions of transit is not jeopardized by not completing the NEPA process for the current extension into Virginia Beach. The "Source Documents"are hereby incorporated and made a part of this record: Source Documents ❑ June 26,2015 HRT letter to FTA Region III discussing NSRR ROW acquisition and requesting clarification on the NEPA process when no Federal funding is involved with the construction.(Attachment A) ❑ June 30,2015 FTA Region III response"FTA concludes that HRT's intended use of Federal funds for acquisition of the NSROW does not necessitate a NEPA review for a future locally-funded transit project utilizing the same right-of way."(Attachment B) ❑ August 28,2015 email from HRT asking,"Generally,would a decision to fund a transit project entirely with State and City funds negate the need for the Federal Transit Administration completing a NEPA review under current Federal environmental requirements?"(Attachment C) ❑ August 28,2015 FTA Region III response,"FTA will not act as the lead Federal agency for a proposed action if the project sponsor intends to fund a project entirely with State and City funds."(Attachment D) Council Discussion on NEPA September 1, 2015 I II -11- CITY MANAGER'S BRIEFING LIGHTRAIL—FINANCE/NEPS RAIL VEHICLES ITEM#65151 (Continued) Below is the information related to the Light Rail Vehicle purchase: Light Rail Vehicle Purchase • Study identified need for 4 additional vehicles • Estimated cost of$5.1M/vehicle for a total cost of$20.4M. • Minneapolis MetroRail has options to purchase 44 vehicles by same manufacturer(Siemens)that built the original TIDE vehicles. • HRT/State are pursuing piggy-back option to acquire four of those 1/1 vehicles. ' - k v✓r r • MetroRail order cost per vehicle is$4.3M or$17.2M total for a total P' .. n, . � potential savings of$3.2M. • The option order is required to be placed by September 29,2015 to take advantage of savings. • DRPT will fund purchase of rail vehicles. • State to hold City harmless on vehicle purchase. x: ,., • September 15,2015 City Council agenda item for approval IAW FY16 budget ordinance. Below are the estimated cost savings on steel associated with Buy America: Estimated Cost Savings on Steel associated with Buy America Projects Receiving Federal Funding • Compliance with Buy America Requirements • Representative end products used in construction such as iron and steel must be produced in the United States • Includes Structures,bridges,and track work construction • Costs for materials typically higher than other sources Non-Federally Funded Projects • Buy America requirements not applicable • 25%Reduction in source cost of steel products may be realized • Estimated Steel Track Material Savings $3.2M • Estimated Steel Savings for structural construction $3.2M • Total Estimated Steel Material Savings $6.4M September 1, 2015 -12- CITY MANAGER'S BRIEFING LIGHTRAIL—FINANCE/NEPS RAIL VEHICLES ITEM#65151 (Continued) Below are the estimated cost savings on Steel associated with Davis Bacon: Estimated Cost Savings on Labor associated with Davis Bacon Projects Receiving Federal Funding • Compliance with Davis Bacon Act for projects in excess of$2,000 • Prevailing wages must be paid to laborers and mechanics • Prevailing wages are typically higher • Federal Oversight Compliance required for Contract&Program Support,Project Management Services,& Technical Review Services Non-Federally Funded Projects • Davis Bacon Act requirements not applicable • 22%Reduction in wages may be realized • Estimated Project Labor savings $13M • Federal Project Oversight Compliance not applicable $1.1M • Total Non-Federal Procurement Savings$14.1M Below is the total estimated savings to the project: Total Estimated Savings to the Project ➢ Rail Cars $ 3.2M ➢ Buy America $ 6.4M ➢ Davis Bacon $14.1M TOTAL $23.7M September 1, 2015 -13- CITY MANAGER'S BRIEFING LIGHTRAIL—FINANCE/NEPS RAIL VEHICLES ITEM#65151 (Continued) Below is the project schedule and completed work to-date: Virginia Beach Light Rail Extension to'Town Center—Pmjectmule Project Scheduie of Key MileStones Date(s) Agency Lead Nov,2014-March 11,2015 HRT rm�. March 20-May 5,2015 'HRT Snail:CityC-;---'S hWwBypreFergetLgitem05iife S March 17,2015 City Staff tacommaedatbntPeJtkHtd Tim STtleLRT'te Twya:Genta tAltetealWs LA) MaY 32,2015" CRY Council / May 12,2015 City Council J June 17,2015-'.: CTB ir*RYoBiaryln mien July 2015-October 2016 HRT-City Staff July 2015-July 2016 CRy-DRPT-HRT Light Rag Vehicle Procurement City Council consideration September 15,2015 City Council Light Rail Vehh:leContract Option:exercised September 29,2015 XRT January2016 October2016 City Staff October 2015 ' City Staff December 2015-Feb,2016 City Staff Marsh 2016-Apri12016: City Staff Roam.graeag0ment`Phan edopiudloehtdi tight BagMagog CMptbl May 10,2016 City Council triti December 2016-Feb,2017 CRy Staff February 2017 CRy Staff MLA February 2017-Apnl 2017 City Staff 1.L,TP'PRJtr V-.V'T'Tn r)r-o CA T 771x1'7W, Apd12017 City Cour 1 April 2017 to June 2017 City Staff June 2017 CO Council July 2017-July 2019 CRy Staff Testing shd'TVLaOCOtLight Pad• 50010 SeJB[T July 2019-December 2019 HRT December2019 HRT Below is the State/Local Cost Share Funding Schedule: State/Local Cost Share Funding Schedule Proposed Pay-out Schedule for Virginia Beach Light Rail Project Fiscal Year Project Cost Funding Split State Local FY 17 $ 77,500,000 80/20 $ 62,000,000 $ 15,500,000 FY 18 $ 77,500,000 60/40 $ 46,500,000 $ 31,000,000 FY 19 $ 77,500,000 40/60 $ 31,000,000 $ 46,500,000 FY 20 $ 77,500,000 20/80 $ 15,500,000 $ 62,000,000 $ Total $ 310,000,000 $ 155,000,000 155,000,000 September 1, 2015 -14- CITY MANAGER'S BRIEFING LIGHTRAIL—FINANCE/NEPS RAIL VEHICLES ITEM#65151 (Continued) September 15, 2015 ➢ Excerpt from the FY16 Budget Ordinance ➢ Section 14.Notwithstanding Sec.2-154 of the City Code and although this Capital Improvement Program includes funding for such purpose,the City Manager or his designee shall not authorize or approve the use of any funds appropriated herein to pay for any portion of a light rail vehicle until such time as the City Council provides,by ordinance or resolution,approval of such order or contract. This limitation shall include the City Manager or designee authorizing such an action on the behalf or at the behest of the City by another entity or body,whether state,local,or regional in nature. fi ..t e. 7:4 a Council Discussion 4':'_. oaf Mayor Sessoms expressed his appreciation to Mr. Hansen and City Stafffor all of the work on this project. September 1, 2015 HAMPTON ROADS TRANSIT June 26,2015 Ms.Terry Garcia-Crews Regional Administrator, Region III Federal Transit Administration 1760 Market Street, Suite 500, Philadelphia,Pennsylvania 19103-4124 Re: Virginia Beach Transit Extension Study-Request for FTA position on NEPA requirements on future projects following purchase of right-of-way using federal funding where there are no federal dollars associated with construction on the property r Dear Ms. G ' -Cree7 Hampton Roads Transit requests a formal written communication from FTA regarding the future development of the old Norfolk Southern Right-of-Way purchased with the use of federal funds. As you may recall,on March 23,2010, Hampton Roads Transit agreed to pay Norfolk Southern $5.0 million in conjunction with the City's acquisition of the right-of-way through the use of federal Regional Surface Transportation Program(RSTP)funds. The$5.0 million has already been allocated to Hampton Roads Transit by FTA,and now that the City of Virginia Beach has selected a Locally Preferred Alternative within the right-of-way on May 12,2015,we anticipate using the RSTP funds to fulfill the obligation of final payment to Norfolk Southern for the purchase of the right-of-way. Previously, FTA Region I11 staff had asked that the city indicate in writing when the ROW was expected to be used for transit purposes and acknowledge that there was a federal interest in the NSRR corridor. A separate correspondence will be sent to you shortly that will convey their intention. Regarding the issue of using federal funds to purchase the right-of-way,the question we require formal correspondence on is as follows: "Do property owners need to complete NEPA on projects located on such properties when the construction of the fixed-guideway project does not use any federal funding?" or "Does the use of the federal funds for the property purchase create a contractual federal interest in the property—especially in conditions where the title of the property does not clearly identify a federal interest—that would require future use of the land to be cleared under the NEPA process regardless of the inclusion of future federal dollars?" j‘i t-VACV"•e-� Letter to FTA regarding VBTES request, Continued Page 2 Thank you for your help on this legal question. We greatly appreciate your help. If you need any additional information regarding our request,please don't hesitate to contact me directly at 757-222-6160. Respectfully, Alfpr- William E. Harrell President&CEO Hampton Roads Transit Cc: Jay Fox,Regional Counsel, FTA—Region III Ryan Long, Community Planner,FTA—Region III Ray Amoruso,Chief Planning and Development Officer, HRT Julie Timm,Transit Development Officer,HRT Document Control: EX516 GS-19 12016 3400 Victoria Boulevard, Hampton,VA 23661 . 509 East 18th Street, Norfolk,VA 23504 757-222-6000•gohrt.com 0 U.S. Department REGION III 1760 Market Street Delaware,District of Suite 500 of Transportation Columbia,Maryland, Philadelphia,PA 19103-4124 Federal Transit Pennsylvania,Virginia, 215-656-7100 Administration West Virginia 215-656-7260(fax) June 30, 2015 Mr. William Harrell President and CEO Hampton Roads Transit 509 East 18th Street Norfolk, VA 23504 RE: Virginia Beach Transit Extension Study-Response on Norfolk Southern Right-of-Way Purchase and NEPA Requirements Dear Mr. Harrell: In response to Hampton Roads Transit's(HRT)letter of June 26,2015,please be advised that the acquisition of Norfolk Southern right-of-way(NSROW)is considered a permissibly segmented, separate action from any future transit project and;therefore,a Federal interest in the NSROW in and of itself does not federalize any such future project. As described in its letter,HRT intends to use$5 million in Federal funds to purchase the NSROW for a future transit project. The Federal Transit Administration(FTA)expects that the NSROW will be used to extend the existing Norfolk Light Rail Line. HRT has asked whether(1)a future locally funded project using the NSROW is required to comply with NEPA,or(2)whether the purchase creates a contractual Federal interest in the NSROW requiring a future locally funded project to comply with NEPA. 49 USC 5323(q)permits the acquisition of a right-of-way for the purposes of corridor preservation. FTA's Final Guidance on Application of 49 USC 5323(q)to Corridor Preservation for a Transit Project,states that the acquisition involves a separate NEPA review. Further,on October 25, 2012,FTA determined that the NSROW acquisition met the criteria of a categorical exclusion under 23 CFR 771.118(d). Under FTA's master agreement,the Federal funds used to acquire the NSROW does create a Federal interest in the property. However,the aforementioned FTA guidance states that a future transportation project is subject to FTA's planning and environmental requirements(including NEPA)as a separate project, if FTA funded. Based upon this cited law and guidance,and the specific information presented by HRT,FTA concludes that HRT's intended use of Federal funds for the acquisition of the NSROW does not necessitate a NEPA review for a future locally-funded transit project utilizing the same right-of- way. FTA's conclusion is based upon funding alone,and does not eliminate the possibility that i II Mr. William Harrell Page 2 RE: Virginia Beach Transit Extension Study-Response on Norfolk Southern Right-of-Way Purchase and NEPA Requirements FTA or some other Federal agency may have sufficient control over such a project which might trigger a NEPA review. Please contact Mr.Ryan Long,Community Planner,by telephone at(215)656-7051 or by c-mail at ryan.long@dot.gov if you have any questions regarding this matter. Sincerely, t1,1 \ r / Terry Garcia Crews Regional Administrator cc: Ray Amoruso,HRT Dan Koenig, FTA DC Metro Office Dave Hansen From: Brian Solis Sent: Friday,August 28, 2015 11:03 AM To: Bobby J.Wheeler; Dave Hansen Subject: FW: NEPA clarification From: William E. Harrell [mailto:wharrelk hrtransit.orq] Sent: Friday, August 28, 2015 9:40 AM To: Terry.garciacrews@dot.gov' Cc: 'Jay.fox@dot.gov'; Ray Amoruso; Robert Travers; Julie Navarrete; 'Jennifer Mitchell - DRPT'; 'Cheryl.Openshaw@drpt.virginia.gov'; Brian Solis Subject: NEPA clarification Subject : Virginia Beach Transit Extension—Request for clarification on Federal role should there be no federal funding in the construction of the Extension Project to the Town Center of Virginia Beach,Virginia Dear Ms.Garcia-Crews: As we discussed in our telephone conference call on Wednesday,August 26, 2015 regarding the Virginia Beach Transit Extension project,we are requesting clarification from the Federal Transit Administration regarding its role in the event no federal funds are involved with the construction of the project. As we discussed,the Commonwealth of Virginia has informed us of its intention to fund its share of the project solely with State financial resources. Therefore,the question we would like a response to is as follows: Generally, would a decision to fund a transit project entirely with State and City funds negate the need for the Federal Transit Administration completing a NEPA review under current Federal environmental requirements? We would appreciate an expeditious response to this question as we would like to share this with our partners at the City of Virginia Beach and with the Virginia Department of Rail and Public Transportation. Thank you for your assistance with this matter and please do not hesitate to contact me if you would like to further discuss this matter. Sincerely; William E. Harrell President &CEO Hampton Roads Transit HAMPTON ROADS TRANSIT LEGAL NOTICE: The information contained in this communication (including any attachments) may be confidential and legally privileged information intended solely for the use of the intended recipient. This email may not serve as a contractual agreement unless explicit written agreement for this purpose has been made. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender indicating that it was received in error and delete the original message and any copy of it from your computer system. You may also contact the sender immediately by calling Hampton Roads Transit at 757.222.6000. 1 1 111 Dave Hansen From: Brian Solis Sent: Friday,August 28, 2015 2:59 PM To: James Spore; Dave Hansen; Mark Stiles; Bobby J.Wheeler Subject: FW: NEPA clarification Here is the latest from FTA in response to William Harrell's email. -Brian AESBrian S.Solis,AICP,LEED Green Associate Transportation and Transit Planning Manager Strategic Growth Areas Virginia Beach bsolis@vbeov.com I (0)757.385.2907 I (F)757.493.5439 4525 Main Street I Suite 710 I Virginia Beach,VA 23462 na: w t ab From: theresa.garciacrews@dot.gov [mailto:theresa.garciacrews@dot.gov] Sent: Friday, August 28, 2015 2:29 PM To: wharrell@hrtransit.org Cc:jay.fox@dot.gov; ramoruso@hrtransit.org; rtravers@hrtransit.org;jnavarrete@hrtransit.org; jennifer.mitchell2@drpt.virginia.gov; Cheryl.Openshaw@drpt.virginia.gov; Brian Solis Subject: RE: NEPA clarification Dear William: Thank you for your email sent today. In response to your stated question,as to whether generally a decision to fund a transit project entirely with State and City funds negates the need for the Federal Transit Administration completing a NEPA review under current Federal environmental requirements,the short answer is yes. FTA's regulations on Environmental Impact and Related Procedures(23 CFR Part 771)defines an action for review as"a highway or transit project proposed for FHWA or FTA funding." Typically, FTA will not act as the lead Federal agency for a proposed action if the project sponsor intends to fund a project entirely with State and City funds. On August 26,2015, during discussions with officials from HRT,Virginia Beach,and the Virginia Department of Rail and Public Transportation, concerns were raised over completing NEPA to insure eligibility should Federal funding be needed for a project at a later date. Although this is a funding consideration,all parties should be aware that NEPA compliance is not the only prerequisite to Federal funding. For example, in order for a project to be eligible,third party contracts awarded by an FTA grantee must comply with Federal third-party procurement requirements, including those set forth in FTA Circular 4220.1F and FTA's Buy America regulations(49 CFR Part 661). In other words, FTA will not fund a non- compliant contract, regardless of whether or not FTA entered a NEPA determination for the project. , 1 Ak-Nibsc_ V\Q.,\Ns\--- ` A Finally, Region III recently received HRT's letter of August 10, 2015,which includes the issue raised in your email,as related to the proposed Tide Light Rail Extension. A full response to that letter will be sent in the near future. If you have additional questions, please let me know. Best regards, Terry Theresa`Terry"Garcia Crews Regional Administrator United States Department of Transportation Federal Transit Administration-Region III 1760 Market Street,Suite 500 Philadelphia, PA 19103 Telephone: 215.656.7263 From: William E. Harrell [mailto:wharrell@ hrtransit.orq] Sent: Friday, August 28, 2015 9:40 AM To: Garcia Crews,Terry(FTA) Cc: Fox,Jay(FTA); Ray Amoruso; Robert Travers; Julie Navarrete; 'Jennifer Mitchell - DRPT'; 'Cheryl.Openshaw@drpt.virginia.gov'; 'Brian Solis - Virginia Beach ' Subject: NEPA clarification Subject : Virginia Beach Transit Extension—Request for clarification on Federal role should there be no federal funding in the construction of the Extension Project to the Town Center of Virginia Beach,Virginia Dear Ms. Garcia-Crews: As we discussed in our telephone conference call on Wednesday,August 26, 2015 regarding the Virginia Beach Transit Extension project, we are requesting clarification from the Federal Transit Administration regarding its role in the event no federal funds are involved with the construction of the project. As we discussed,the Commonwealth of Virginia has informed us of its intention to fund its share of the project solely with State financial resources. Therefore,the question we would like a response to is as follows: Generally, would a decision to fund a transit project entirely with State and City funds negate the need for the Federal Transit Administration completing a NEPA review under current Federal environmental requirements? We would appreciate an expeditious response to this question as we would like to share this with our partners at the City of Virginia Beach and with the Virginia Department of Rail and Public Transportation. Thank you for your assistance with this matter and please do not hesitate to contact me if you would like to further discuss this matter. Sincerely; William E. Harrell President &CEO Hampton Roads Transit 2 I I 1 II II 110a , irt COMMONWEALTH of VIRGINIA Office of the Governor Aubrey L.Layne,Jr. Secretary of Transportation September 1, 2015 William E. Harrell Hampton Roads Transit 3400 Victoria Boulevard Hampton,Virginia 23661 Dear Mr. Harrell: As you are aware,the Commonwealth has committed substantial monies to invest with the City of Virginia Beach for the extension of the Tide light rail system from Newtown Road in Norfolk to Town Center in Virginia Beach. Based on the fact that no federal monies will be used to fund the extension,Hampton Roads Transit(HRT)and Virginia Beach are in discussions with the Federal Transit Administration to bring the federal overview of the project to a close. This appears to be an appropriate action to take to move the project forward more expeditiously. It also represents an excellent opportunity to take a more critical view of monies needed to fund the project. I have followed with great interest HRT's projections for costs and have questions regarding their accuracy. Your estimates have increased to over$105 million per mile. I understand that federal guidelines require future costs to be considered and that contingencies are included in the estimate. However$105 million per mile is significantly greater than your own early estimate of$65 million per mile as well as the$43 million per mile of actual costs to build the Tide in Norfolk. Further, a 2013 unsolicited offer to extend the Tide to Rosemont Road in Virginia Beach was tendered at$45 million per mile. Even considering HRT's own estimates of $11 million for buses and$24 million for additional right of way,per mile cost approximates $57 million, significantly less than your estimate. Officials in Virginia Beach need reliable data to make an informed decision. Actual bids may prove to be significantly less than your estimate. Therefore, I have directed the Department of Rail and Public Transportation to perform a third party review of costs for this project. I would ask HRT to do the same. I would also ask that you prepare for me a comparison of costs for major components in your estimates to the costs actually incurred in building light rail in Norfolk. If costs are not related to power,trains, and track,what are they for? Patrick Henry Building • 1111 East Broad Street • Richmond,Virginia 23219 • (804) 786-8032 • Fax(804)786-6683 •TTY(800)828-1120 I William E. Harrell September 1,2015 Page 2 The McAuliffe administration strongly supports the extension of light rail to Virginia Beach for the prosperity and quality of life for the city and region. An explanation of costs is critical to the success of the anticipated procurement and our duty to the public. I look forward to receiving your response. Since , Au rey . e,Jr. c: James K. Spore,City Manager,Virginia Beach Members of Virginia Beach City Council Jennifer Mitchell,Director, DRPT I ii I I -15- CITY COUNCIL LIAISON REPORTS ITEM#65152 4:45 P.M. Council Lady Ross-Hammond advised the Department of Human Services is going to convert their records from paper to electronic which will be a big improvement to their Department. September 1, 2015 II -16- CITY COUNCIL LIAISON REPORTS (Continued) ITEM#65153 Councilman Davenport advised the Beaches and Waterways Commission only meets when an issue arises. Unfortunately, such an issue has arisen. He has been contacted by dozens of local fishermen expressing concern regarding the Commercial Menhaden Fishing in the Bay and, as such, will be scheduling a meeting in the near future. September 1, 2015 -17- CITY COUNCIL LIAISON REPORTS (Continued) ITEM#65154 Mayor Sessoms advised HRTAC has started something similar to "The City Manager's Update" and he advised the City Council will begin receiving same each Friday as things are beginning to move along and the Mayor wants to ensure City Council stays informed. There are three (3) major water crossings: Patriot's Crossing, HRBT and the High Rise Bridge. Environmental studies for the tunnels have expired. So it will be an additional 24 to 30 months for new studies to be conducted. The thinking at HRTAC is without a toll only one of the projects will be built. As such, between now and first part of the year, there will be a lot of discussion regarding tolls being placed on some of the projects to make the improvements feasible. In other words, to create a true "road-system" to benefit all of Hampton Roads, tolls will be necessary. Currently, the widening of 1-64 is proceeding as funding is already in place for this project. The hope is the widening goes all the way to Richmond even though that is not HRTAC's responsibility as Richmond's TPO would be responsible for that project. Additionally, the 1-264/64 Inner-Change is the only project in the City that is going to be moving forward. Mayor Sessoms will make sure City Council is kept up-to-date and informed of any happenings with HRTAC. September 1, 2015 -18- CITY COUNCIL COMMENTS ITEM#65155 4:49 P.M. Councilman Moss advised he was watching C-SPAN and alarmed to see Chesapeake's Commonwealth Attorney talking about the Heroin trafficking and Heroin-based crime in Chesapeake. He has asked the City Manager for additional information as this is receiving national news coverage. Mayor Sessoms advised Council Lady Henley brought this issue up at the Retreat and they have asked Police Chief Cervera to get additional information together to Brief City Council. September 1, 2015 11 -19- CITY COUNCIL COMMENTS (Continued) ITEM#65156 Councilman Moss sent a copy of a proposed Legislative Package item to make it less discretionary for the Police Chief to withhold information on suicides from family members. He does have a Legislator that will sponsor the request but would like to receive any comments or thoughts from City Council. September 1, 2015 i I I I I I -20- CITY COUNCIL COMMENTS (Continued) ITEM#65157 Councilman Moss advised he asks the Real Estate Assessor for the tax assessment information anytime he sees big real estate sales in the paper. Recently, the "Sunnybrook"property was assessed at$1.7-Million and sold for$2.6-Million. The assessment over a five-year period increased approximately$60,000. Another property assessed just over$11-Million and sold for$21.3-Million. The land value remained the same but the building doubled in value over three years. Assessments are "income based" and the purchase price is based on what is believed to be the potential value. He feels City Council should consider this information when developers ask to receive incentives or grants to help fund building of parking lots/garages. September 1, 2015 -21- CITY COUNCIL COMMENTS (Continued) ITEM#65158 Council Lady Ross-Hammond attended the Back-to-School event hosted in Western Bayside. By 4:00 P.M. they had served over 2,800 people. She also expressed her appreciation to WGNT for attending and covering the event, as the local press does not usually take any interest in this type of event hosted by the community. September 1, 2015 I i I II -22- CITY COUNCIL COMMENTS (Continued) ITEM#65159 Council Lady Ross-Hammond attended the FunkFest Beach Party this past weekend hosted by Virginia Beach Africana and BeachEvents. She was amazed with the enormous crowd from 22"d to 25th Street and pleased to see so many people having such a good time. September 1, 2015 -23- AGENDA REVIEW SESSION 4:55 P.M. ITEM#65160 BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Resolution to SUPPORT vigorous opposition by the Attorney General to the lawsuit of Virginia Uranium seeking to invalidate a Moratorium on Uranium Mining in Virginia 2. Ordinance to DECLARE 1449 Bartow Place EXCESS and AUTHORIZE sale of the property to MICHAEL R. and BARBARA J. ST. JEAN 3. Ordinances to AUTHORIZE and EXECUTE leases: a. McDonald's Corporation at 300 215`Street and 305 20th Street b. Angela Dunn d/b/a Moosewood Creek at the Virginia Beach Farmer's Market 4. Ordinances to ACCEPT and APPROPRIATE to Human Services: a. $211,411 in Grant Funds from the Virginia Department of Behavioral Health and Development Services re assistance for homeless persons with substance abuse disorders b. $12,153 from Virginia Criminal Justice Services re the Community Corrections and Pretrial Program c. $7,000 donation from Beach House Inc. re Colleague/Clubhouse training September 1, 2015 i II -24- ITEM#65161 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: CYBERSECURITY MATTERS: Discussion of plans to protect public safety as it relates to specific cybersecurity threats or vulnerabilities and briefings by staff members, legal counsel, or law enforcement or emergency service officials concerning actions take to respond to such matters or a related threat to public safety; where discussion in an open meeting would jeopardize the safety of any person or the security of any facility, building, structure, information technology system, or software program. IT Cybersecurity LEGAL MATTERS: Consultation with legal counsel employed by or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3711(A)(7). HRT/Norfolk Southern Right-of-Way Acquisition Agreement PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees September 1, 2015 -25- ITEM#65161 (Continued) Upon motion by Councilman Wood, seconded by Council Lady Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:57 P.M. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None (Break 4:57 P.M. - 5:05 P.M.) (Closed Session 5:05 P.M. - 5:56 P.M.) September 1, 2015 -26- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 1, 2015 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, September 1, 2015, at 6:00 P.M. Council Members Present: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend J.D. Norris, Jr., Pastor Virginia Beach Freewill Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. September 1, 2015 -27- Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank. Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones'letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. September 1, 2015 -28- Item—VII-E CERTIFICATION ITEM#65162 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 1, 2015 II 9q 4 S OF\OUR NP,ON RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#65161 Page 25, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges Fraser, MMC City Clerk September 1, 2015 -29- Item -VH-F MINUTES ITEM#65163 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 18, 2015. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 1, 2015 I -30- ADOPT AGENDA FOR FORMAL SESSION ITEM#65164 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 1, 2015 I it i -31- Item VII—H1 MAYOR'S PRESENTATIONS ITEM#65165 PRESENTATION OF KING NEPTUNE XLH Edward J.Amorosso and Court Ron McIntosh, Chair—Neptune Festival Mayor Sessoms welcomed Celebration Chairman Ron McIntosh. Mr. McIntosh expressed appreciation, on behalf of the Neptune Organization, for the support the City continues to provide. The Neptune Festival Organization is comprised of over 800 Volunteers. The Festival is the Official Celebration of the City and is one of the top festivals in the Country. The Neptune Festival was established forty-two (42) years ago as a means of extending the "Resort Season" by providing a celebration to its citizens. The Neptune Festival has evolved into an organization that is now involved with virtually every major charitable organization in the City. Mr. McIntosh presented King Neptune XLII and his Court: 2015 ROYAL COURT KING NEPTUNE XLH Edward J.Amorosso CEO/MANAGING MEMBER McPhillips,Roberts&Deans,PLC and his wife,Lady Debbie PRINCESSES Virginia Apperson Haley Baldwin Isabel Berger Devon Mytelka Hannah Rector Jordan Robinson Renee Spillane Samantha Vakos Casey Wagner Morganne Wilbourne Anna Xystros Emily Xystros September 1, 2015 i I -33- Item VII—H.2 MAYOR'S PRESENTATION ITEM#65166 UNITED WAY OF SOUTH HAMPTON ROADS Carol McCormack,President/CEO Mayor Sessoms introduced and welcomed Carol McCormack, CEO — United Way of South Hampton Roads. Ms. McCormack presented a Certificate to say "THANK YOU! to the City of Virginia Beach Employees"for raising$254,185 for the 2014-2015 Campaign. The funds provided: • 12 children with one year of after school care • 5,447 meals for children and adults in need • 838 visits and support for at-risk teens • 36 adults with urgent medical and dental services for one year • 36 elderly, home-bound neighbors with daily in-home meals and care for one year • 70 disabled adults with two weeks of job skills training and support • 182 military children with support while a loved one is deployed for one year Mayor Sessoms accepted the Award and expressed his appreciation to Ms. McCormack and especially to the City Employees for their generosity to the United Way which serves a vast number of our citizens. September 1, 2015 cll O ". a tin x R3 Q) O lk, ad) - O al) -. in 0 i t/)• • 4_, w O Y w • C) Q j , U) aC o 'GCIE , !; IIi ii ' D .OQOHiHt>11111 in n .0 `- '� Al /1 c RS a co u 'III. V c _ co,_ �� s 0,• ir, (10 N 4*r N U - , , Alt `.‘ , , rot Niiiiiill in ID 113 4.1 L N ) II NOM csi se:C. 4.6... u _ C L_ co , _,v) cn 76 014) .� C CO v: ..._ N• 2 ra O �- ' 0 70 O E U D 73 Pr- 0 Q) C L i co -0 Q N fit" Q i -0lim § i N i to isEmur /�/� Z- u) -34- Item VII—H.3 MAYOR'S PRESENTATION ITEM#65167 PAYROLL WEEK RESOLUTION Patti Phillips,Director-Finance Mayor Sessoms welcomed Patti Phillips, Director — Finance, and presented her with a Resolution recognizing the employees for their professionalism and dedication to make Virginia Beach "the greatest city in the world"and declared September 7-11, 2015, be designated as PAYROLL WEEK Mrs. Phillips expressed her appreciation to City Council for their continued support and recognized David Hartzog, Dawn Flora and all of the employees in Payroll Department for their hard work. September 1, 2015 0.1y1A•B Gs a rr' +t 9 Op OUR No". RESOLUTION WHEREAS: The American Payroll Association and its more than 21,000 members have launched a nationwide public awareness campaign that pays tribute to the more than 156-Million people who work in the United States and the payroll professionals who support the American system by paying wages,reporting worker earnings and withholding federal employment taxes; WHEREAS: Payroll professionals in Virginia Beach play a key role in maintaining the economic health of Virginia Beach,carrying out such diverse tasks as paying into the unemployment insurance system,providing information for child support enforcement, carrying out tax withholding,reporting and depositing; WHEREAS: Payroll departments collectively spend more than$15-Billion annually complying with myriad federal and state wage and tax laws; WHEREAS: Payroll professionals play an increasingly important role ensuring the economic security of American families by helping to identify noncustodial parents and making sure they comply with their child support mandates; WHEREAS: Payroll professionals have become increasingly proactive in educating both the business community and the public at large about the payroll tax withholding systems; WHEREAS: Payroll professionals meet regularly with federal and state tax officials to discuss both improving compliance with government procedures and how compliance can be achieved at less cost to both government and businesses;and, WHEREAS: The week in which Labor Day falls,September 7-11,2015,has been proclaimed National Payroll Week,and we hereby give additional support to the efforts of the people who work in Virginia Beach and of the entire payroll profession. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council pause in its deliberations to recognize these employees for their professionalism and dedication to make Virginia Beach "the greatest city in the world". BE IT FURTHER RESOLVED: That September 7-11,2015,be designated as PAYROLL WEEK in Virginia Beach, Virginia. Given under our hands this First day of September,2015 lc 01.4kleti�— tom ' n Beti Damn ort C n ROT 9 Bob"Dyer Council-Lady Barbara Henley Counci Latfy Sim • ane 2ouncibnan John D.Moss Council Lady Dr.s`imela 91(Ross- ��'' /CC v nd t j t Coutwilman John B.Ztfirin Cou Lady Rosana Wilson Co ames L.Wood 'Vice Mayor Louis pones Mayor'7Gam D.'Will"Sessoms,Jr. -35- Item VII—1.1 PUBLIC HEARINGS ITEM#65168 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY 1449 Bartow Place There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 1, 2015 -36- Item VII—I.2 PUBLIC HEARINGS ITEM#65169 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY 300 2l"Street and 305 20`h Street—McDonald's Corporation Virginia Beach Farmer's Market—Moosewood Creek There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 1, 2015 -37- Item -VII-J ORDINANCES/RESOLUTIONS ITEM#65170 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items 1, 2, 3a/b and 4a/b/c. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 1, 2015 -38- Item -VII-J.la ORDINANCES/RESOLUTION ITEM#65171 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to SUPPORT vigorous opposition by the Attorney General to the lawsuit of Virginia Uranium seeking to invalidate a Moratorium on Uranium Mining in Virginia Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 1, 2015 I I I 1 A RESOLUTION REQUESTING THE 2 ATTORNEY GENERAL TO OPPOSE 3 VIRGINIA URANIUM'S LAWSUIT SEEKING 4 TO INVALIDATE THE COMMONWEALTH'S 5 LONGSTANDING MORATORIUM ON 6 URANIUM MINING IN VIRGINIA 7 8 WHEREAS, the Virginia General Assembly enacted a Moratorium on Uranium 9 Mining in the early 1980's; and 10 11 WHEREAS, this Moratorium was established based on scientifically 12 demonstrated environmental concerns relating to Uranium Mining; and 13 14 WHEREAS, Virginia Uranium, Inc. and its affiliated companies own mineral 15 rights to a potentially large uranium deposit in the Roanoke River Basin; and 16 17 WHEREAS, Virginia Uranium has repeatedly attempted through the General 18 Assembly to have the Moratorium lifted; and 19 20 WHEREAS, The General Assembly has maintained the Moratorium on Uranium 21 Mining; and 22 23 WHEREAS, Uranium Mining was opposed by multiple jurisdictions and 24 organizations, such as the Roanoke River Basin Association, Hampton Roads Planning 25 District Commission, and the cities of Virginia Beach, Norfolk, and Chesapeake, among 26 many others, several of which obtain their drinking water from Lake Gaston, which is in 27 the Roanoke River Basin and downstream from the Virginia Uranium site; and 28 29 WHEREAS, Virginia Uranium recently filed suit in Federal Court to challenge the 30 legality of the Moratorium; and 31 32 WHEREAS, Virginia Uranium claims that the moratorium on mining was enacted 33 solely because of concerns arising from the disposal of uranium mining by-products and 34 that regulation of the disposal of uranium mining by-products has been pre-empted by 35 Federal law and that, therefore, the moratorium on uranium mining is invalid; and 36 37 WHEREAS, Virginia Uranium requests the court to order the applications for the 38 licenses and permits needed to commence mining operations to be accepted and 39 processed in the same manner as they would if those permits and licenses pertained to 40 any other mineral that may be legally mined; and 41 42 WHEREAS, Virginia Uranium's assertions are inimical to sound public policy 43 and contrary to settled principles of law, inasmuch as the several states, including 44 Virginia, clearly retain the authority to regulate uranium mining within their respective 45 borders; II 46 NOW, THEREFORE, BE IT RESOLVED BY THE VIRGINIA BEACH CITY 47 COUNCIL: 48 49 That for the foregoing reasons, on behalf of the Citizens of Virginia Beach, it is 50 respectfully requested that the Attorney General, on behalf of the Governor and other 51 officials of the Commonwealth who have been named as defendants, vigorously oppose 52 Virginia Uranium's lawsuit seeking to invalidate the Commonwealth's longstanding 53 moratorium on uranium mining in Virginia. 54 55 Adopted by the City Council of the City of Virginia Beach on the 1st day of 56 September, 2015. APPROVED AS TO LEGAL SUFFICIENCY: , /14 . City Attorney's Office CA13427 R-1 August 26, 2015 I I I i -39- Item -VII-J.2 ORDINANCES/RESOLUTION ITEM#65172 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE 1449 Bartow Place EXCESS and AUTHORIZE sale of the property to MICHAEL R. and BARBARA J. ST. JEAN Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 1, 2015 I I I 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 1449 BARTOW 3 PLACE (GPIN 2417-15-2124) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO MICHAEL R. ST. 7 JEAN AND BARBARA J. ST. JEAN 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain 9,917 sq. ft. parcel of land located at 1449 Bartow Place (the "Property") more 11 particularly described on Exhibit "A" attached hereto and made a part hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Property is in the midst of other residences and at the 21 time of acquisition was improved with one single-family dwelling unit; 22 23 WHEREAS, Michael R. St. Jean and Barbara J. St. Jean (collectively, the 24 "Buyer") own adjacent property at 1453 Bartow Place and have requested to purchase 25 the Property in order to utilize it in a manner compatible with the APZ-1 Ordinance; 26 27 WHEREAS, the Buyer desires to purchase the Property in accordance with 28 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 29 30 WHEREAS, the APZ-1 Disposition Committee has recommended that City 31 Council declare the Property to be in excess of the City's needs and sell the Property to 32 the Buyer; and 33 34 WHEREAS, the City Council is of the opinion that the Property is in 35 excess of the needs of the City of Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 40 That the Property located at 1449 Bartow Place is hereby declared to be 41 in excess of the needs of the City of Virginia Beach and that the City Manager is 42 hereby authorized to execute any documents necessary to convey the Property to 43 Michael R. St. Jean and Barbara J. St. Jean in accordance with the Summary of 44 Terms attached hereto as Exhibit "B" and such other terms, conditions or 45 modifications as may be acceptable to the City Manager and in a form deemed 46 satisfactory by the City Attorney. 47 48 Further, that revenue from the sale of the Property in the amount of 49 $9,917.00 shall be received, and fifty (50) percent of this amount shall be appropriated I I I 50 to CIP #9-059, Oceana and ITA Conformity and Acquisition II, and fifty (50) percent 51 shall be deposited for future payment by the City Manager to refund the 52 Commonwealth's portion in accordance with the grant agreement. A manual 53 encumbrance will be established to ensure that the $4,958.50 retained by the City will 54 be available for BRAC program acquisitions in future years per the agreement with the 55 Commonwealth. 56 57 This ordinance shall be effective from the date of its adoption. 58 59 1st da of A d$opted by b e rhe Council of the City of Virginia Beach, Virginia, on the 60 y CA13232 R-1 8/10/15 \\vbgov.com\dfs1\applications\citylawprod\cycom 32\wpdocs\d010\p022\00229405.doc APPROVED AS TO CONTENT APP�,RJJOV D AS TO CONTENT gXbas.Z4. "i Public Works ap_ 6 Manag= en Services APPROVED AS TO LEGAL SUFFICIENCY `?L 4 City 'A orney'- Office° EXHIBIT "A" GPIN 2417-15-2124 (1449 Bartow Place) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot Nine (9), as shown on that certain plat entitled, "Bartow Heights, Subdivision of Parcels 41 & 42, Plat of Oceana Gardens, Lynnhaven Borough, Virginia Beach, Virginia", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 54, at page 45. 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 above-described property. IT BEING the same property conveyed to the City of Virginia Beach by deed dated February 27, 2008 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20080227000215610. I I I I EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 1449 BARTOW PLACE Seller: City of Virginia Beach Buyer: Michael R. St. Jean and Barbara J. St. Jean Property: 1449 Bartow Place (GPIN: 2417-15-2124) consisting of 9,917 square feet of land. Legal Description: See Exhibit "A" to Ordinance Sale Price: $9,917 CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with his adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property at its expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Seller will reserve any fee in the streets and any easements necessary for public purposes. • Closing shall occur on or before September 1, 2016. i 1 , I J li i i 1 1 , li II 1 [ • r., 1 --, L 1 - J - 1 _ r 1 -,_ L___,-- _,-. 0 0) V 1 CO LL 0 IX uj LI, —iii w a u, „ a. i__ i a. 4c C4 0 --j- -,, L 1-- -_ F n < 0 -I lli co 1 2< L V I a N . 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Com) Q 14.L pk " i * 41u y, t, - ' q. m. moi: 4� , t •�€� zl N lki _€ —j? __ n 1 "�'" s 14„ mss. , ,:t w < FitaAlk ' - sifia,,4 / , I H (f) T. _ ti a i .i„,, , , ______,., ....„041ii„.:-,..":„,-„ - , . 11 ICC ti LO f �� N a •: A Q N — M „4/111 .'11- Q * 7"; a .11, `,, '1* ,� > M 3 11111s w 0- IRDNECK RD S - - „. tii. II 4 k. .— : ^' - 4„;„:, CD 11111‘ s Q. Eh SVD O W DOm c CEPNPB 6 , 11 ' i m• F i 4 c I n 1" 'I IP iw cl T IR {� v �' J n 4 a -40- Item -VII-J.3a ORDINANCES/RESOLUTION ITEM#65173 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE and EXECUTE leases: a. McDonald's Corporation at 300 215'Street and 305 20`''Street Voting.• 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 1, 2015 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE EXTENSION 3 WITH THE MCDONALD'S CORPORATION FOR UP 4 TO 4 YEARS FOR CITY-OWNED PROPERTY 5 LOCATED AT 300 21ST STREET AND 305 20TH 6 STREET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of land located at 9 300 21st Street (GPIN: 2427-18-1343) and the adjacent lot at 305 20th Street (GPIN: 10 2427-18-1128) in Virginia Beach, Virginia (the "Premises"); 11 12 WHEREAS, the McDonald's Corporation, a Delaware corporation ("McDonald's") 13 is the current lessee of the Premises, and would like to extend its lease and continue to 14 use the Premises for sale and consumption of food, non-alcoholic beverages and 15 related items, and for no other purpose; 16 17 WHEREAS, McDonald's has agreed to pay the City an initial rental rate of 18 $4,254.15 per month, with annual escalations as described in Exhibit A, attached hereto 19 and made a part hereof. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That the City Manager is hereby authorized to execute any documents necessary 25 to extend the current lease between McDonald's and the City for up to four (4) years for 26 the Premises located at 300 21st Street and 305 20th Street, in accordance with the 27 Summary of Terms attached hereto as Exhibit A and made a part hereof, and such 28 other terms, conditions or modifications as may be acceptable to the City Manager and 29 in a form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of 32 September2015. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM 16hZ1,430 6.yeuti) te‘, -5--Zt• City Attorney Public Wo irs/Facilities anagement CA13436 R-1 August 20, 2015 I I II EXHIBIT A SUMMARY OF TERMS AMENDMENT TO EXTEND LEASE FOR CITY-OWNED LAND LOCATED AT 300 21ST STREET AND 305 20TH STREET LESSOR: City of Virginia Beach LESSEE: McDonald's Corporation PREMISES: 300 21st St., approximately 25,140 sq. ft. (GPIN 2427-18-1343) (Land Only; Building is property of McDonald's) 305 20th St., approximately 7,000 sq. ft. (GPIN: 2427-18-1128) (Vacant Lot; Used for McDonald's parking) INITIAL TERM: March 19, 2016 to October 18, 2018 OPTION TO EXTEND (at Lessee's sole option): October 19, 2018 to October 18, 2019 INITIAL TERM RENT: Execution date until March 18, 2016: $4,254.15/month March 19, 2016 to March 18, 2017: $5,225.00/month March 19, 2017 to March 18, 2018: $5,381.75/month March 19, 2018 to October 18, 2018: $5,543.20/month OPTION TERM RENT: October 19, 2018 to March 18, 2019: $5,543.20/month March 19, 2019 to October 18, 2019: $5,709.50/month CURRENT RIGHTS AND RESPONSIBILITIES OF LESSEE: • Premises will be utilized for the sale and consumption of food, non- alcoholic beverages and related items, and for no other purpose. • Keep and maintain the Premises, at its sole expense, in good condition and repair. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. CURRENT RIGHTS AND RESPONSIBILITIES OF CITY: • The City will have no ongoing responsibilities for the Premises during the Initial Term or Option Term. TERMINATION: • The Option Term automatically takes effect unless the Lessee gives ninety (90) days' advance written notice of intent not to exercise the Option Term. • The City can terminate for breach of lease terms only. i II I -41- Item -VII-J.3b ORDINANCES/RESOLUTIONS ITEM#65174 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE and EXECUTE leases: b. Angela Dunn d/b/a Moosewood Creek at the Virginia Beach Farmer's Market Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 1, 2015 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE (5) YEARS WITH ANGELA DUNN D/B/A 4 MOOSEWOOD CREEK FOR CITY-OWNED 5 PROPERTY KNOWN AS BUILDING 7, SPACE 6 NUMBER 30, IN THE VIRGINIA BEACH FARMERS 7 MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 10 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 11 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 12 13 WHEREAS, Angela Dunn, Sole Proprietor, d/b/a Moosewood Creek 14 ("Moosewood Creek") would like to enter into a lease with the City for Building 7, Space 15 Number 30, at the Farmers Market, consisting of approximately 250 square feet (the 16 "Premises"); 17 18 WHEREAS, the Premises will be utilized for the sale of hand crafted products, 19 decor, gifts, candles, textiles and related items, and for no other purpose; and 20 21 WHEREAS, Moosewood Creek has agreed to pay the City $250.00 per month 22 ($3,000.00 per year) for the first year, with an escalation of 5% each successive year, 23 for use of the Premises. 24 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager is hereby authorized to execute a lease for up to five (5) 29 years between Angela Dunn, d/b/a Moosewood Creek and the City for the Premises, in 30 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 31 hereof, and such other terms, conditions or modifications as may be acceptable to the 32 City Manager and in a form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of 35 September2015. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM (Z/ City Attorney Public Wo Ps/Facilities Management CA13230 R-1 August 19, 2015 I I I i I I SUMMARY OF TERMS LEASE FOR BUILDING 7, SPACE NUMBER 30 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Angela Dunn, Sole Proprietor, d/b/a Moosewood Creek PREMISES: Building 7, Space Number 30, consisting of approximately 250 square feet TERM: Initial Term Sept. 1, 2015 — Aug. 31, 2018 Option Term 1 Sept. 1, 2018 —Aug. 31, 2019 Option Term 2 Sept. 1, 2019 —Aug. 31, 2020 RENT: $250.00/month ($3,000.00/year) for 1st year; five percent (5%) annual rent escalation for each successive year. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for sale of hand crafted products, decor, gifts, candles, textiles and related items, and for no other purpose. • Maintain Premises, and Lessee's own electrical unit, e.g., heater/air conditioner. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide electrical connection. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. I I I i -42- Item-VII-J.4a ORDINANCES/RESOLUTION ITEM#65175 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE to Human Services: a. $211,411 in Grant Funds from the Virginia Department of Behavioral Health and Development Services re assistance for homeless persons with substance abuse disorders Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 1, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 BEHAVIORAL HEALTH AND DEVELOPMENTAL 4 SERVICES TO THE DEPARTMENT OF HUMAN 5 SERVICES 6 7 BE IT ORDAINED BY THE COUNIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $211,411 from the Virginia Department of Behavioral Health and Developmental 11 Services (DBHDS) is hereby accepted and appropriated, with estimated State revenues 12 increased accordingly, to the Department of Human Services FY 2015-16 Operating 13 Budget in the amounts and for the purposes as follows: 14 15 1. $70,130 for provision of Peer Services in the PATH (Projects for Assistance in 16 Transition from Homelessness) Program for persons with substance use 17 disorder, who are experiencing homelessness or are at great risk of experiencing 18 homelessness; and 19 20 2. $141,281 for use by the Mental Health Substance Abuse Recovery Center to 21 provide various rehabilitation services to clients. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of September 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c7.4(sik, Budget .nd Management Services ' • - - ' ice CA13419 R-1 August 14, 2015 I I I i -43- Item -VII-.1.4b ORDINANCES/RESOLUTION ITEM#65176 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE to Human Services: b. $12,153 from Virginia Criminal Justice Services re the Community Corrections and Pretrial Program Voting.• 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 1, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL FY 2016 GRANT FUNDS FOR THE 3 COMMUNITY CORRECTIONS AND PRETRIAL PROGRAMS 4 AND TO TRANSFER CITY FUNDS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $12,153 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated,with estimated state revenues increased accordingly, 11 to the FY 2015-16 Operating Budget of the Department of Human Services for 12 the Community Corrections and Pretrial Program; and 13 14 2. $12,153 is hereby transferred from the FY 2015-16 Operating Budget of the 15 Department of Human Services to the General Fund Reserve for Contingencies. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of September 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bud7erjcirIvianagement Services C. A ttorn= s Office CA13421 R-1 August 19, 2015 I I I -44- Item-VII-J.4c ORDINANCES/RESOLUTION ITEM#65177 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE to Human Services: c. 7,000 donation from Beach House Inc. re Colleague/Clubhouse Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 1, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION FROM BEACH HOUSE INCORPORATED TO 3 THE DEPARTMENT OF HUMAN SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That a $7,000 donation from Beach House Incorporated is hereby accepted and 9 appropriated, with revenues increased accordingly, to the FY 2015-16 Operating Budget 10 of the Department of Human Services (DHS) to provide Colleague/Clubhouse Training. 1st Adopted by the Council of the City of Virginia Beach, Virginia on the day of September 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /1/c___ /thik 'Budget - d Mranagement Services it A • , •ffice CA13420 R-1 August 14, 2015 I I -45- ITEM VII-K APPOINTMENTS ITEM#65178 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY SERVICES BOARD—CSB DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 1, 2015 -46- Item -VII-N ADJOURNMENT ITEM#65179 Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 6:20 P.M. /illll /A manda Finley-Barn„ , CMC Chief Deputy City Clerk e _ _ th Hodges raser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia September 1, 2015 -47- PUBLIC DIALOGUE Josh Queen, 7736 Leafwood Drive, Phone: 714-3603, advised he is a Lifeguard at Bayside Recreation Center and requested the City consider changing the policy and allow free memberships for all Recreation Center employees. He finds it confusing that he is required to meet a certain criteria pertaining to physical fitness and the pool can be used for free; however, the remainder of the recreation center/gym is not offered. There is neither surplus value nor labor value of capital in the Recreation Centers, with no input or output margin to meet for profit. Recreation Centers are supposed to exist to benefit the people and not create challenges for the costs of applying for membership. By allowing employees to have free memberships to the Recreation Centers, it will be evident the City strives to ensure all workers are treated with dignity and respect. September 1, 2015