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OCTOBER 20, 2015 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL `4�1 AaEgc� MAYOR WILLIAM D.SESSOMS,JR.,At-Large S� �. VICE MAYOR LOUIS R.JONES,Bayside-District 4 O; ` _4� M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District I BARBARA M.HENLEY,Princess Anne Dish•ict 7 �. f SHANNON DS KANE,Rose Hall District 3 JOHN D.MOSS,At Large ;4 AMELIA ROSS-HAMMOND,Kempsville-District 2 oF� eHs JOHN E.UHRIN,Beach District 6 ROSEMARY WILSON,At-Large JAMES L.WOOD,Lvnnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORE CITYATTORNEYMARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITYAUDITOR-LYNDONS.REMIAS 20 October 2015 E-MAIL:Clycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 3:00 PM A. HISTORIC HOUSE FOUNDATION—Strategic Plan Robert Jones, President—Historic House Foundation II. CITY MANAGER'S BRIEFING A. BIO INITIATIVE Warren Harris, Director—Economic Development III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Brandon Gilmore, Pastor Nimmo United Methodist 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 October 6, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY a. 704 Hampshire Lane—African American Cultural Center, Inc. b. 2750 Elbow Road—City of Chesapeake (adjacent to Stumpy Lake) 2. AMEND FY 2016 CAPITAL BUDGET—Light Rail I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code re compliance with the Code of Virginia: a. Sections re descriptions and authorizations for EMS and Fire medical services b. Sections re biennial license renewal for EMS 2. Ordinance to ADD Section 35-64.1 to the City Code re exclusion of Reverse Mortgage payments in calculation of income for the Elderly and Disabled Tax Relief, effective immediately 3. Resolution to ADOPT the 2016 Legislative Agenda and request Virginia Beach General Assembly Delegation sponsor and/or support this legislation 4. Resolution to SUPPORT applications to Virginia Department of Transportation (VDOT) for: a. FY 2016-2017 Revenue Sharing Program re Rosemont Road Phase V and Princess Anne Road Phase VII b. FY 2016-2017 Transportation Alternatives re Salem Road, West Great Neck Road., Providence Road and Independence Boulevard/Baxter Road sidewalk projects 5. Ordinance to AMEND the Capital Improvement Program and FY 2016 Operating Budget and ESTABLISH a Mitigation account re Light Rail 6. Ordinance to DECLARE 704 Hampshire Lane as EXCESS PROPERTY and AUTHORIZE the City Manager to EXECUTE the necessary documents to convey same to the African American Cultural Center, Inc. 7. Ordinance to DECLARE 2750 Elbow Road as EXCESS PROPERTY and AUTHORIZE dedication to the City of Chesapeake 8. Resolution to APPOINT Kathleen A. Keffer as Assistant City Attorney, effective October 22, 2015. 9. Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way to install landscaping, irrigation, columns, gates and fencing at 1700 River Court in behalf of GEORGE P. JR. and JOYCE P. LYON DISTRICT 5 - LYNNHAVEN 10. Ordinance to TRANSFER $419,610 to the Sheriff re horizontal compression adjustments for Deputies: a. $104,924 from Sheriff's Reserve for Contingencies b. $314,686 from the current year's General Fund Compression Reserve • J. NO ACTION 1. LARAE TUCKER and PP&P, LLC for a Conditional Use Permit re an auto service at 3001 Silina Drive DISTRICT 6—BEACH This item was advertised in advance and approved. K. PLANNING 1. SHIP CABIN CLUB, INC. and RED HEAD REALTY CORPORATION for the enlargement of a Nonconforming Use at 1117 Shipps Cabin Road DISTRICT 7—PRINCESS ANNE • RECOMMENDATION: APPROVAL 2. PI TELECOM INFRASTRUCTURE T, LLC and JSW HOLDINGS, LLC for a Conditional Use Permit re a monopole communication tower at 2824 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. LARAE TUCKER and MARJORIE E. HARRIS, RT for a Conditional Use Permit re an auto service at 2456 Virginia Beach Blvd DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. WAL-MART REAL ESTATE BUSINESS TRUST and HILLTOP COPELAND ASSOCIATES for a Conditional Use Permit re an auto repair at 550 First Colonial Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. HOLLOMON BROWN FUNERAL HOME, INC. for a Conditional Change of Zoning from R-- 5D Residential Duplex to 0-2 Office at 1461 Kempsville Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 6. CCW DEVELOPMENT ASSOCIATES and WAYNE DUPREE for a Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment to vary the lot coverage for single family dwellings at 596 Sea Oats Way DISTRICT 6 —BEACH RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORICAL REVIEW BOARD TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 10/13/15 jb 1 I -1- sO (9e`rFq� f 7 , -y 4sL..,-zy X64 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 20, 2015 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing, in the City Council Conference Room, Tuesday, October 20, 2015, at 3:00 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 October 20, 2015 -2- CITY COUNCIL'S BRIEFING HISTORIC HOUSE FOUNDATION STRATEGIC PLAN ITEM#65283 3:00 P.M. Mayor Sessoms introduced former Mayor Robert "Bob" Jones, President - Historic House Foundation. Mr. Jones expressed his appreciation to City Council for their continued support. He recognized Steven Mansfield, Jim Bergdoll, Former Mayor Clancy Holland, Joanne Moore and Sandy Craig, all serving on the Board of Directors plus Staff Members Lynn Clements, Cynthia Spanoulis and Anne Miller. Mr. Jones advised today is a very exciting day for the Foundation in providing the City the recently completed Strategic Plan and goals for the coming years: l's m kir ..° ' i '''''' ""'"' - :, It.-faf.,,,,, :r,.4,,J7.,,,.:;:_x.• mCity Council ia ;1111:"°,!-'12:8 ll t O, } Robert Jones Mr. Jones advised the Board met regularly over the past two (2) years to develop this comprehensive document. They also met with seven (7) stakeholder groups throughout the community by hosting Open Houses at the Convention Center during the month of September. In addition, they hosted a Virtual Town Hall for the general citizenry of Virginia Beach. After compiling all of the data and spending three (3) separate days visiting each House, they began the strategic planning process:VI ‘ C‘Y2' 1'42 %‘:7 # STRATEGIC PLAN October 20, 2015 -3- CITY COUNCIL'S BRIEFING HISTORIC HOUSE FOUNDATION STRATEGIC PLAN ITEM#65283 (Continued) As a group, we spent quite a bit of time and energy on the Vision, Mission and Goals and feel it is important to share these with you: . . The Vision & Mission j`-i i l : , „..., .1_, , ,_ -- 1 ,. _ , . „. ,n - , The Vision 3 r --- ---- The Mission a ar a y Below are three (3) "Goal Areas"of the Strategic Plan: THREE GOAL AREAS OF THE PLAN Strategic Goals/Priorities In pursuit of the future state we have envisioned and aspire to reach,the Virginia Beach Historic Houses Board will focus its energies and resources on three areas of priority during the coming years: Strengthen Financial Security—A financial position will be established and later strengthened by creating and implementing a development plan that thoughtfully incorporates ways to diversify income sources.This includes sponsorships and fund raising activities. Increase Engagement of People—An active board will play a greater role in fundraising events,embracing new ideas and concepts,supporting programming that engages a broad audience,and filling board seats. Build Public Awareness—Establish branding of the organization and clear and consistent public communication will build visibility of the board, programs,financial support and the resources. October 20, 2015 -4- CITY COUNCIL'S BRIEFING HISTORIC HOUSE FOUNDATION STRATEGIC PLAN ITEM#65283 (Continued) lik a . ladt\i'ZI %,\\6 AAte , _. ,,,.4,,, , , , ‘, , ‘, t ., 0 , 0 , 0 , 0 , 0 , 2016 AND 2017 ACTIVITIES To date, the Foundation has raised almost $50,000 and is excited to announce the first major event the Foundation will sponsor. Mr. Jones invited everyone to the upcoming Revolutionary Wary Encampment on November 14`'"and 15th. This event will be held at the Thoroughgood House and is free to the public: Programming • iiA \ \ \\ - \ '\te - ' or-', - ('-k: ir'is\'''',,,l-\O. \ ''k"..4\4t, '‘‘''''14S4,\ -,\A ‘. p , Iiii Revalut ovary War Encampment > October 20, 2015 -5- CITY COUNCIL'S BRIEFING HISTORIC HOUSE FOUNDATION STRATEGIC PLAN ITEM#65283 (Continued) ,_. Programming lir5 Media VA t K 1 .4,'",' rl e 1 9 I6 �' 1J dv E tea. ..®...a._. e� :r. • The Foundation is raising money in hopes of partnering with WHRO to produce and provide students with downloadable video files on a range of topics and subjects: . Programming I i�, V Reinterpretation of the Francis Land House d N sK October 20, 2015 -6- CITY COUNCIL'S BRIEFING HISTORIC HOUSE FOUNDATION STRATEGIC PLAN ITEM#65283 (Continued) The Foundation is also raising money in hopes of providing free or reduced admissions and transportation subsidy to the Schools in an effort to educate even the youngest Virginia Beach citizen with the rich history the City holds: 1717:14Frr''r ,41'4'„,-41:4104'%'4771%, :t- Pr''2;i'711(2- .$' qui•,�d9',,,r,, ,`"', �� i0i OU r AIM HIGH JOkn F.KeK Ze-, wAittell tke 140012— and he got it. Thank you for your, continued support! Mayor Sessoms thanked Mr. Jones and the entire Board of Directors for all of their hard work. October 20, 2015 -7- CITY MANAGER'S BRIEFING BIO INITIATIVE ITEM#65284 3:13 P.M. Mayor Sessoms introduced Warren Harris, Director—Economic Development. Mr. Harris expressed his appreciation to City Council for their continued support. He is excited with the support this initiative has received not only in the City and Region, but also throughout the Commonwealth: 54, VABEACH ' ,-: 4-9 Biomedical and Healthcare Program Overview 1 VIRGINIA BEACH LCONG MIC E`EYCOPMLNt Below is an overview of the Initiative: VABEACHBIO ' OVERVIEW • Biomedical Initiative " • Creation of"VA Beach Bio" Brand ' • Preview of New Website • Active Projects °� a • Prospects • Biomedical Best Practices , �� • VA Beach Bio Accelerator <«r • VA Beach Bio Park • State Initiatives • Next Steps • Questions? October 20, 2015 1 1 1 -8- CITY MANAGER'S BRIEFING BIO INITIATIVE ITEM#65284 (Continued) Below are some the key stakeholders in this Initiative: ( .,,,.).. VABEACH',C) ABOUT e,..' At the Mayor's direction, Virginia Beach created a task force to evaluate the strength of the region's biomedical and healthcare market. Key stakeholders include: SENTARA' EVMS Operation " viSmile ..... II'?KI 1 f -70-i.e..et --1 OLD DOMINION WILLIAMtAR &MARY Based on the Market Assessment, below are the "areas offocus": VABEACHL,110- AREAS OF FOCUS ,.,... Based on the market assessment, Virginia Beach is ideally positioned for companies specializing in the following fields: ---o3..,o° -"r: Ca rd OVE SCU 4i '.',E),5L5.ç.s,-7,--,-, 45:2_4 October 20, 2015 I I -9- CITY MANAGER'S BRIEFING BIO INITIATIVE ITEM#65284 (Continued) Below is the existing Biomedical Corridor identifying the existing assets, attractions/amenities and the new or expanding assets in the Corridor: I - BIO vABEACEL---'&Y- ./4 CORRIDOR -ct-„tr • - World V Ed Center • - Anne el KEY: Ex,sting 13,0medical Assets J spomplox Boris,New/ExPar,d'eg Assets Below is the "Initiative Branding" developed to support the state and nationwide efforts to recruit companies to the City: VABEACHBIO INITIATIVE BRANDING Economic Development created a new "VA Beach Bio" brand to fall in line with state and nationwide efforts to recruit biomedical companies. VABEACH A WAVE OF NN.OVA11ON Bt Biotecth,009,, "en aala 0. lorirdguasnition October 20, 2015 -10- CITY MANAGER'S BRIEFING B I0 INITIATIVE ITEM#65284 (Continued) A comprehensive Website will be available-,„in November. Be l ow are "screen shots" ots" of the e Website: VABEACHWEBSITE PREVIEW hBio.com dedicated , It VABeac website V4 biomedical • A new we the biome t., 11y to spedfica & healthcare industry Learn aboutregional our ...,. . 91 h and assets _ the Princess Anne - • Launching inN strengths - ...._....- Explore • Bio Corridor2.15 -- Commons . evernher vA: in Virg .„..-- w ' EAw C, i'• --- > 1_LI .10s.---,,A,•,-'A W.--' -- -r — -t...,#4.4 ' -,-;::!,441-*4'.• - m'lent - 71 OP W al and life sc int,Be.ach 't i C es dittvating t ,,, it W Inaustrii .,u!"""" 1 H -±,,,:f fic .- (/) CO LLI.... ''; - ' L4. 1 l'.•-,-.: ''''‘ ,,-*---...'s —1,i 41#11b-C, f,I4Y VA isrACH T!FRI'',0-.1 October 20, 2015 I I -11- CITY MANAGER'S BRIEFING BIO INITIATIVE ITEM#65284 (Continued) VABE/AC EL at'EN Cl) CO — VV VIRGINIA BEACH • • ,• VA is • F 1,11'11'4 i'50R H .1H-LHHH:.- r 6 BCV V FP- W Ct :ty: VC' CL 1u en ex WI 411,1 • „ tet. 'H I _ ,31,, — n s October 20, 2015 -12- ITEM#65284 CITY MBANA, S IEFING (Continued) -OING IETRIA with Tidewater d extensive researchin determining "Best Practices"performed nt has The Department p Development ch, Economic the research, partneredw in establishing Community he program. Based on College in creating a new "VA Beach Bio Accelerator": VABEAC" f0 ' BIO' 'BEST PRACTICES es are Economic ways other localities., ' e the best determine creation l models is the Development performed ,extensiveatrteraseetaihrcgh to successful college campus:. One of the most space, often on a biomedical companies. CA Acceleratorattractive and University Accelerator * - Boston of a bio/science ' nce Acce cam Science Community . • BBiieosCquubeete-San Jose, hed Tidewater Development approached VA Beach Bio create a new Economic d to partner and • Prince WilliampeveCounty, Virginia • College, .ciffere Acceleratwohr Below are the benefits of establishing of an Accele.rator: Li.-- ( ' BIO ACCELERATOR ,r----, VABEACF1'''''''ki 4: ' Hp: space available and _ .Ft,,,,?:!•404',',.,14.i,,,r7F,1; • Wet lab small for startups iesthe Regional l :::*4:11.-il,zi companies • ' Health A , - ..."`.** Housedpi . Center .. Professions Center • Companies ce TIDEWATER to TCC resources • two gain saccess .F.,,,.,, ,,,ge here.r, year lease withCOMMUNITY COLLEGE already attracted• Accelerator has extensionsoptionalOnee r)e year potential tenants October 20, 2015 -13- CITY MANAGER'S BRIEFING BIO INITIATIVE ITEM#65284 (Continued) Below is the Accelerator floor plan. It is important to ensure the research conducted becomes some type of commercial enterprise in the City: BAC TCC - ACCELERATOR VAEFLOOR PLAN • 1,500 sq. ft. _ , office space 5 • 7 potential suites (approx. 200-300 sq. ft. each) • Additional space - E=1(1) available if1;1 needed ° * • • Attractive lease rate Below are the active projects within the Corridor: ( ACTIVE PROJECTS • Sentara Princess AnneHospital Expansion • ED Facility Expansion Pediatric Emergency Track now open • Extended Stay Expansion • M.O.B. Expansion I, • I 7- -7; • Prospects from Bio International Show ../ • Regenerative Medicine • Cancer Research • Speculative Building Developer A • Existing Industry Prospect • Medical Device Manufacturing October 20, 2015 -14- CITY MANAGER'S BRIEFING BIO INITIATIVE ITEM#65284 (Continued) Below is a rendering of the 155 acres at have been designated as a potential Biomedical Park. The Development Authority would like the property to be thassigned to the Authority in order to attract new companies in developing the Corridor: VABEACHBIC) VA BEACH BlO PARK - �► � • 155 Acres have been . � ;* „,,_"''''•:-....;,!..:-,.:-,..,,,,. designated as a potential �„ <<'�” � - z,.0 ,000,000 Park Sq re Feet of ua • k r °Class A"office and wet lab „wa ' r: fi' space •E _ ° ?�C Q�(m,..w , fir' rt :.. A Developer has approached the City and expressed interest in becoming a part of this Initiative. The initial development would be 20-30,000 square feet.• � -- VA BEACH BIO PARK ---) Speculative Building • Virginiasted Beachinbecomiapproached Developer intereng a part by ofa the Bin t� initiative � �'� • Initial development of 20-30,000 SF • Conducting due diligence on business needs now • wet lab space • Create a nea larger criticalAccelerator need far Bio Park � fi ve, I • Need for additional office spasions with an ce , ms `s. xurr • Virginia Beach in ear€y discuso..n y,<o h.»��,r p a anchor tenant for the building and an Accelerator operator October 20, 2015 1 1 1 1 11 -15- CITY MANAGER'S BRIEFING BIO INITIATIVE ITEM#65284 (Continued) Below is Staff's recommendation: VABFACH a-4 -4. VA BEACH 810 PARK Bi k4, ) Staff Recommendation In order to begin design and the first phase of infrastructure development and to accommodate this building request, staffrecommends that City Council transfer the 155 acres designated for the VA Beach Bio Park to the Virginia Beach Development kithority (VBDA) by December 15 Below are the next steps for this year: 1 rq-1,----- ( - NEXT STEPS VABEACH .7.:,,,,,, ...;,,, 2015 Calendar November :.,_ „ n• • Launch of VaBeachBio.com Development of VBDA Bio Subcommittee • % „•,..z, i .•,,vi : Property transfer request for VA Beach Bio Park \ d_14...• brought before City Council December • Updated EDIP Policy ' -:,.//:' ...•••-.A ' ;, • Royalty/Seed Funding Program - Creation of Technical Expert Advisory Committee • VA Beach Bio Video • , Formal approval of transfer of VA Beach Bio Park land t Virginia Beach Development Authority October 20, 2015 1 1 1 -16- CITY MANAGER'S BRIEFING BIO INITIATIVE ITEM#65284 (Continued) Below are the next steps for the 1st Quarter of 2016: VABEACHB1() NEXT STEPS .5.,,-,..,,,„_-,.... ...:14,1,;:,....; •§,!,,,t,-.41-•^T 1St Quarter 2016 - Support Governor McAuliffe's budget that includes a significant investment in Bio '.:-.•.,:1- 1 • Set up a local structure to receive state funds • Advance site plan and development of speculative building for VA Beach Bio Park • Continue to monitor progress of application to secure a Veterans Care Facility in L-1_!_j__,...-tl .... Virginia Beach • Three Bio-specific marketing missions ktt....,2•,,,,„ M This Initiative is not just a City or Regional effort, but is State and Nationwide: : • VABEACHRIL) STATE INITIATIVE , . ,- *„ - nw ' 4:0: -vrginaL'zio .r -l'....,,0 Virginia Bioscience Economy initiative "A comprehensive set of legislative and budget proposals, building on programs that work, improving what we have, and creating new programs with long term strategic impact, all designed to move Virginia into leadership in the bioscience innovation economy.” - Virginia Bio October 20, 2015 , 1 -17- CITY MAIN0AING INITIATIVE TBIRVIEEFING B ITEM#65284 (Continued) Below are some recent events and activities surrounding the Initiative: OTHER ACTIVITIES .4't!r% . • ...,.... -... ' VABEACR ,- -,.„7-,- i ) --- ' Recent Events . Virginia Bio Board of Directors Meeting 1 k ' • July 24.t1 Virginiaingri cult uBreaalch . Virginia Bio A -4.1 . i • Conference * September9msincDieanncveille * LifeNet Health Symposium - September 25-261 in Virginia Beach (# i,--ii- vABEAcH ,* , Questions? Virginia Beach Economic Development i i — iiii_ji = - -A ' 'iii7 ii"•`% " 111' •,, „2-;...., ,L.,-.: .t •,•• „^-1 1.--1 , N,,,,,.'' II I-i' ..r, rot Mayor Sessoms expressed his appreciation to Mr. Harris and the entire team working on bringing this Initiative to fruition. October 20, 2015 -18- CITY COUNCIL COMMENTS ITEM#65285 3:43 P.M. Councilman Dyer expressed his appreciation to City Council for their indulgence while he read his letter at the last meeting pertaining to Light Rail. The issue is rising in terms of priority with the City. One of the reasons he is an advocate for a Referendum is to facilitate a discussion in the `public square". This will also give the City the opportunity to get information out to the public. After meeting with Councilman Wood to discuss how to better engage the public, one suggestion is to have a series of Workshops on Light Rail and invite the Secretary of Transportation and Director of Hampton Roads Transit to attend and as available for presentations. He feels this will build bridges of communication in going forward. In that same regard, he agrees with some of the language in Councilman Moss'proposed Resolution but feels it would be better served if we had a Forum to discuss this topic more in depth. A lot of information, both positive and negative, will be presented in the next few years. He requested the City schedule a series of Workshops, as well as civic engagements. Hopefully, the Citizens can then make an informed decision on the next Referendum. Mayor Sessoms advised he has invited the Secretary of Transportation to attend a City Council meeting in November and is waiting to hear back to confirm a date. October 20, 2015 -19- CITY COUNCIL COMMENTS ITEM#65286 (Continued) Council Lady Henley stated the City needs to look at a lot of things, in a very broad fashion, in order to plan the overall transportation and economic future of the City. City Council received a report regarding the transportation funding last week and the City is expecting, fairly soon, the transportation modeling for the Southeastern Expressway and the Master Transportation Plan. In that report, she did not see the Southeastern Parkway included. If the project is not being planned, then we will have to know what other roads are going to pick up that traffic capacity. Also, if the ITA is going to be opened for economic development, roads are going to have to be built to support the increased traffic. The point being, in making the decisions the Council is being asked to make, we need this "overall plan" that we are committed to. She worries about making "land-use" decisions prematurely and not being able to provide adequate infrastructure funding. In the long list of roads included in the report, she noticed there is not one single road below Indian River Road and nothing for the rural area roads. Clearly prioritizing the road projects is important and she feels the City has a tremendous amount of work ahead of them. October 20, 2015 -20- CITY COUNCIL COMMENTS (Continued) ITEM#65287 Councilman Moss expressed concern for the financial health of the Citizens that ultimately are paying for these types of projects. In the recent State of the Region Report by Kr. Koch, he found it interesting that the Gross Domestic Product (GDP) growth for the area is 1.14%and the Region had negative growth of .14%. A large part of the City's population is retired and receive 0% in their retirement income and their living costs are increasing each year. Also, in the Congressional Budget Office's recently analysis, the Region is expected to under perjbrm the Country as a whole. These reports do not provide a bright picture for the Region or the City and he hopes the Five-Year Forecast will provide, in a more meaningful and real-term analysis, the facts surrounding the financial stress households are facing. It does not take much to see how families are struggling in the community and, all the while, the City's Budget has continued to grow. He acknowledges the City needs more Revenue but does not feel the Revenue should, or can, come from families. The City needs to "tighten its belt"until more Revenue is generated. Also, the other piece to the City's Budget, a few weeks ago City Council discussed the "Design/Build" versus "Fixed Price". He advised Fixed Price always delivers a better value, including offering more competition. Design/Build is always more expensive. He asked before the City moves forward with Design/Build, City Council discuss and provide direction to Staff prior to soliciting letters of interest. However, on Friday, he received a copy of a letter soliciting letters of interest for Design/Build. He expressed his frustration as to why that acquisition strategy was taken, City Council was never given the opportunity to discuss and/or provide direction and his request was circumvented and not honored. City Manager Spore advised the City is soliciting letters of interests for Design/Build with a 'fixed price" not to exceed a price and be consistent with everything City Council has discussed. October 20, 2015 -21- CITY COUNCIL COMMENTS (Continued) ITEM#65288 Councilman Uhrin attended the JT Walk held this past weekend which was a very successful event. Virginia Gentlemen announced they raised the additional $1-Million and have now raised the $5-Million needed to complete the entire Camp Grom. Construction of the Park is well underway and should be complete by next Summer. October 20, 2015 -22- CITY COUNCIL COMMENTS (Continued) ITEM#65289 Council Lady Henley advised a very good presentation was made at the Hampton Roads Planning District Commission last week regarding "Go Virginia". Essentially, the private industry in the Region has recognized the need for them to step-up and take a leadership role in working with State and City agencies to improve the Region as a whole. It is essential to work cooperatively, as a Region, in order to ensure the economic growth. October 20, 2015 -23- CITY COUNCIL COMMENTS (Continued) ITEM#65290 Council Lady Kane advised she spoke at the recent SWAMFest. Approximately 250 individuals attended from across the State and they seemed excited with the opportunities throughout the Commonwealth. October 20, 2015 -24- CITY COUNCIL COMMENTS (Continued) ITEM#65291 Council Lady Ross-Hammond attended and spoke at the Rural Living Independent and Disabilities Conference. She informed there were over 300 attendees of the resources within the City, such as Council Lady Henley's Senior Resource Center. October 20, 2015 -25- CITY COUNCIL COMMENTS (Continued) ITEM#65292 Council Lady Ross-Hammond also spoke at the Fire Department's "Firefighter of the Year" ceremony held at Kempsville High School. She expressed her appreciation to all of the members of the public safety departments for their role in keeping the City safe. October 20, 2015 -26- CITY COUNCIL COMMENTS (Continued) ITEM#65293 Council Lady Ross Hammond visited the Department of Human Services new Annex. Staff expressed the need for a stair lift and she passed the request along to Deputy City Manager Dave Hansen who is working with Public Works. October 20, 2015 -27- CITY COUNCIL COMMENTS (Continued) ITEM#65294 Council Lady Ross-Hammond attended the most recent Mayor's African American Roundtable. The group has grown. Approximately 41 individuals attended the last meeting. The Mayor spoke regarding Light Rail and the Arena projects. Ms. Phillips provided information regarding SWAM. Council Lady Ross-Hammond provided the most current information regarding the African American Cultural Center. October 20, 2015 -28- CITY COUNCIL COMMENTS (Continued) ITEM#65295 Councilman Davenport advised the Broadband Task Force met and will be presenting to City Council on January 19t1". He is excited at the progress being made in the City. October 20, 2015 -29- CITY COUNCIL COMMENTS (Continued) ITEM#65296 Councilman Davenport also advised the Beaches and Waterways Commission met. He expressed appreciation to Council Lady Wilson for attending. A speaker from the Chesapeake Bay Foundation and Omega Protein provided information and it was a very interesting meeting. He expects the Commission to bring a Resolution in support of Delegate Knight's legislation regarding Commercial Menhaden Fishing. Also, for those that did not see it, Wavy TV 10 had the first of a two-part expose on Commercial Menhaden Fishing Industry with part two scheduled to air tonight. National Geographic requested to speak with Councilman Davenport as they are preparing a documentary. October 20, 2015 -30- CITY COUNCIL COMMENTS (Continued) ITEM#65297 Council Lady Kane, President of the Board of Directors for the Alzheimer's Association, expressed their appreciation to Mayor Sessoms for attending the Walk this past weekend. The Association had a record year and is so appreciative of the community support. October 20, 2015 -31- CITY COUNCIL COMMENTS (Continued) ITEM#65298 Council Lady Wilson advised the kickoff was held last evening for Cycle for Survival 2016. Approximately ninety (90) individuals attended. The event is scheduled for May 1, 2016. She encouraged everyone to come out and support the event. October 20, 2015 -32- CITY COUNCIL COMMENTS (Continued) ITEM#65299 Council Lady Ross-Hammond advised she received positive feedback from the community regarding the Group Home presentation. October 20, 2015 -33- AGENDA REVIEW SESSION 4:00 P.M. ITEM#65300 BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code re compliance with the Code of Virginia: a. Sections re descriptions and authorizations for EMS and Fire medical services b. Sections re biennial license renewal for EMS 2. Ordinance to ADD Section 35-64.1 to the City Code re exclusion of Reverse Mortgage payments in calculation of income for the Elderly and Disabled Tax Relief, effective immediately 3. Resolution to ADOPT the 2016 Legislative Agenda and request Virginia Beach General Assembly Delegation sponsor and/or support this legislation 4. Resolution to SUPPORT applications to Virginia Department of Transportation (VDOT) for: a. FY 2016-2017 Revenue Sharing Program re Rosemont Road Phase V and Princess Anne Road Phase VII b. FY 2016-2017 Transportation Alternatives re Salem Road, West Great Neck Road. Providence Road and Independence Boulevard/Baxter Road sidewalk projects 5. Ordinance to AMEND the Capital Improvement Program and FY 2016 Operating Budget and ESTABLISH a Mitigation account re Light Rail 6. Ordinance to DECLARE 704 Hampshire Lane as EXCESS PROPERTY and AUTHORIZE the City Manager to EXECUTE the necessary documents to convey same to the African American Cultural Center,Inc. 7. Ordinance to DECLARE 2750 Elbow Road as EXCESS PROPERTY and AUTHORIZE dedication to the City of Chesapeake 8. Resolution to APPOINT Kathleen A. Keifer as Assistant City Attorney, effective October 22, 2015. 9. Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way to install landscaping, irrigation, columns, gates and fencing at 1700 River Court in behalf of GEORGE P. JR. and JOYCE P.LYON DISTRICT 5-LYN_NHAVEN 10. Ordinance to TRANSFER $419,610 to the Sheriff re horizontal compression adjustments for Deputies: a. $104,924 from Sheriff's Reserve for Contingencies b. $314,686 from the current year's General Fund Compression Reserve ITEM#1 a/b WILL BE DEFERRED TO NOVEMBER 17, 2015 VICE MAYOR JONES WILL ABSTAIN ON ITEM#3—Legislative Agenda Item #19 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#3—Legislative Agenda Item #4, #6 and#18 Legislative Agenda Item #20 WILL BE CONSIDERED SEPARATELY VICE MAYOR JONES WILL ABSTAIN ON ITEM#4a ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#9 WILL BE CONSIDERED SEPARATELY October 20, 2015 -34- AGENDA REVIEW SESSION ITEM#65300 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. NO ACTION 1. LARAE TUCKER and PP&P, LLC for a Conditional Use Permit re an auto service at 3001 Silina Drive DISTRICT 6—BEACH This item was advertised in advance and approved. K. PLANNING 1. SHIP CABIN CLUB, INC. and RED HEAD REALTY CORPORATION for the enlargement of a Nonconforming Use at 1117 Shipps Cabin Road DISTRICT 7 — PRINCESS ANNE 2. PI TELECOM INFRASTRUCTURE T, LLC and JSW HOLDINGS, LLC for a Conditional Use Permit re a monopole communication tower at 2824 Princess Anne Road DISTRICT 7—PRINCESS ANNE 3. LARAE TUCKER and MARJORIE E.HARRIS,RT for a Conditional Use Permit re an auto service at 2456 Virginia Beach Blvd DISTRICT 6—BEACH 4. WAL-MART REAL ESTATE BUSINESS TRUST and HILLTOP COPELAND ASSOCIATES for a Conditional Use Permit re an auto repair at 550 First Colonial Road DISTRICT 6—BEACH 5. HOLLOMON BROWN FUNERAL HOME, INC.for a Conditional Change of Zoning from R-5D Residential Duplex to 0-2 Office at 1461 Kempsville Road DISTRICT 2 — KEMPSVILLE 6. CCW DEVELOPMENT ASSOCIATES and WAYNE DUPREE for a Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment to vary the lot coverage for single family dwellings at 596 Sea Oats Way DISTRICT 6—BEACH ITEM#2 WILL BE CONSIDERED SEPARTELY VICE MAYOR JONES WILL ABSTAIN ON ITEM#5 COUNCILMAN WOOD WILL ABSTAIN ON ITEM#5 MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 October 20, 2015 -35- ITEM#65301 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: PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Arena • SPSA PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District • Princess Anne 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 October 20, 2015 -36- ITEM#65301 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council voted to proceed into CLOSED SESSION at 4:12 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 F. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None (Closed Session 4:12 P.M. - 5:56 P.M.) October 20, 2015 -37- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 20, 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, October 20, 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 Brandon Gilmore, Pastor Nimmo United Methodist 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. October 20, 2015 -38- 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. October 20, 2015 -39- Item—VI-E CERTIFICATION ITEM#65302 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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 October 20, 2015 c*:BFAc (5 tet,` 0 r w - .- i '�` yam, 9 hOF 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#65301 Page 36, 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. dr....wir—0,6-....r '%illillir,' , _ -ma 'uth Hodges raser,MMC City Clerk October 20, 2015 -40- Item-VI-F MINUTES ITEM#65303 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 6, 2015. Voting: 10-0 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 and Jaynes L. Wood Council Members Abstaining: Rosemary Wilson attended YML Conference Council Members Absent: iVone October 20, 2015 -41- ADOPT AGENDA FOR FORMAL SESSION ITEM#65304 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October 20, 2015 -42- ADD ON MAYOR'S PRESENTATION ITEM#65305 PROCLAMATION RED RIBBON WEEK October 23-31,2015 Mayor Sessoms welcomed Tara Copeland, Young Marines, Executive Officer, Unit Adjutant—SSgt. Jason D. Whitehouse Unit. Mayor Sessoms presented a Proclamation declaring October 23-31, 2015 "RED RIBBON WEEK". He encouraged all citizens to participate in drug prevention education activities, not only during Red Ribbon Week, but all year long, making a visible statement that we are strongly committed to a drug-free City. Ms. Copeland expressed her appreciation to the City Council for their support. October 20, 2015 f' s e O..QUR.., 1 reclamation Whereas: Alcohol-and drug abuse in this Nation have reached epidemic stages;and- Whereas: ndWhereas It is imperative that visible, unified prevention education efforts by community members be launched to eliminate the demand for drugs;and Whereas: The'Young Marines is a Drug Demand Reduction(Program sponsored 6y the(arine Coips League. (Membership is for children ages 8-18, or completion of high school The 'Young (Marines models their program after Marine Corps values — [Ifonor, Courage, and Commitment— by focusing on teaching youth to live a drug-free lifestyle and teach ideals such as Leadership,Teamwork,and Discipline;and Whereas: The National Red Ribbon Campaign offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles(no use of illegal drugs,no illegal use of legal drugs);and Whereas: The National Red Ribbon Campaign wilt be celebrated in every community in America during Red Ribbon Week,October 23-31;and Whereas: Business, Government, parents, law enforcement, media, medical institutions, religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug-free lifestyles by wearing and displaying red ribbons during this week-long campaign;and Whereas: The City of'Virginia Beach, 'Virginia community further commits its resources to ensure the success of the Red Ribbon Campaign. Now, (herefore, I, Willa D. Sessoms, Jr, (Mayor of the City of Virginia Beach, Virginia, do hereby Proclaim: October 23-31, 2015 Red V66on Week. In 'Virginia Beach, and I encourage all citizens to participate in drug prevention education activities, not only during Red Ribbon Week, but allyear long, making a visible statement that we are strongly committed to a drug-free City. In Witness Whereof I have hereunto set my hand and caused the Official-Seal of the City of Virginia Beach, Virginia, to 6e affixed this Twentieth day of October, Two Thousand Teen. s/ms` ��„"R ,..; -....c , - -A - , 0•e Sn ej,„a y.............. 1( ,_r, s n 'William D.Sessoms,Jr (Ylayor -43- Item VI—H.1 a PUBLIC HEARINGS ITEM#65306 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS CITY PROPERTY a. 704 Hampshire Lane—African American Cultural Center, Inc. The following individuals registered to speak: Addie Wright Thomason. 9518 3`d Bay Street, Phone: 633-8445, President—African American Cultural Center, spoke in SUPPORT. The City is a model for the world and known for taking care of its natural and human resources. One of the important parts of a community is the story, history and culture as it shows the community's diversity. This Center will close the gap for many citizens, not only for African Americans, but all citizens. Becky Livas , daughter of former Councilman John Perry, spoke in SUPPORT. She advised her father had a keen appreciation for the "older"communities in the City and the problems they faced. Her father, growing up in Thomasville, Georgia, knew first-hand what older communities here felt even though his parents were both college graduates and ran the only school for "Colored Children" in Thomasville. She, being a former Teacher, has grave concerns regarding the "self-image" issues of African American young people. Teachers are no longer allowed to take advantage of teachable moments and share "back- stories" of history that contributed to the pride that builds the characters of youngsters. She feels the cities in the Region have a long history of what she considers "dismissing not only the needs of the Black communities but also the history". Students need a place to see documents that testify to the richness of their local history and how they have defined themselves in a positive manner by achievements that overcome racism, classism and dismissal of basic human services. Jim Banks, 5442 Hunt Club Drive, Phone: 490-0251, spoke in SUPPORT. The history of Virginia Beach began with Princess Anne County and, unfortunately, a lot of that history was not preserved or is fast fading away as Citizens age. He serves on the Virginia Beach Community Development Corporation (VBCDC) and they identified twelve (12) "Target Areas". The citizens in those areas have wonderful stories to tell. The importance of oral history is immeasurable and this will provide a place to preserve these types of historical records. There being no other speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. October 20, 2015 -44- Item VI—KIb PUBLIC HEARINGS ITEM#65307 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS CITY PROPERTY b. 2750 Elbow Road—City of Chesapeake (adjacent to Stumpy Lake) There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. October 20, 2015 -45- Item VI—H2 PUBLIC HEARINGS ITEM#65308 Mayor Sessoms DECLARED A PUBLIC HEARING: AMEND FY 2016 CAPITAL BUDGET—Light Rail The following individuals registered to speak: Dane Blythe, 2014 Oakleaf Lane, Phone: 534-1700, spoke in SUPPORT of the Amendment proposed by Councilman Moss. A structural deficit mitigation account is a transparent way for the citizens to track the various ways the Budget gap will be closed. The transferring of$10-Million of Light Rail funding is a good start to closing the anticipated$33-Million shortfall. The City raised Real Estate Taxes, increased fees, raided money from the Open Space Reserve Fund and the Agriculture Reserve Fund for Light Rail. Instead of spending `hundreds of millions of hard-earned taxpayers money on antiquated and outdated Light Rail technology, he encourages the City to consider `forward-thinking" technologies like self- driving cars. Joe Belec, 605 Barberton Drive, Phone: 348-5543, advised he had not heard a lot about this meeting and is concerned that the issues are not getting out to the average citizen. He simply does not have enough information on what is being considered tonight and, as Vice Mayor Jones suggested, the City should get the information out to the citizens so they can make well informed decisions. Richard Dunning, 2013 Wood Hollow Cove, Phone: 481-9149, advised the average citizen feels "marginalized" when we see the City is facing a $33-Million shortfall while $20-Million is specifically designated for Light Rail. The City Manager reported he instituted a hiring freeze and asked Department Directors to reduce their Budget by up to 10%. Why would the City even consider cutting back on essential services when you just increased Real Estate Taxes by an average of$45.00 per household. The City is ignoring Millions of dollars of backlogged road projects and focusing on a 3.2 mile corridor, how does that make sense? The Study concluded Light Rail will not reduce traffic and could actually cause "bottlenecks" in certain areas. Ken Chord, 3536 Clubhouse Road, Phone: 340-0829, spoke in SUPPORT of the Amendment proposed by Councilman Moss. He encouraged the City Council to start living within the Budget. The citizens do not want their hard-earned money wasted on Light Rail. Marlayne Castelluzzo, Chair — Virginia Beach Taxpayers Alliance, also spoke in SUPPORT of Councilman Moss' proposal. The VBTA has been coming before City Council to challenge, direct, recommend, encourage and even plead for this body to act ethically and sensibly regarding the City's Budget. The City Manager has advised City Council of the $30-Million shortfall for the upcoming Budget. The State is willing to absorb the costs of potential car purchases and now the $20-Million set aside for Light Rail is unconstrained. The sensible action is to set the $10-Million aside to off-set this $30-Million shortfall. Martha McClees, 2801 Eastern Drive, Phone: 705-3730, Virginia Beach VISION, Board of Directors, spoke in OPPOSITION of Councilman Moss'proposal. This past May, City Council Voted to approve financing mechanisms in the 2015-2016 Budget to accompany adoption of the Light Rail extension to Town Center, as the "Locally Preferred Alternative". This also allowed Light Rail evaluation process to move forward. This proposed Ordinance will reverse the previous action of just five (5) months ago. Nothing has changed to warrant a reversal of the action plus this will eliminate City Council's ability to further consider extending Light Rail within the City. Those opposed to Light Rail want a Referendum, yet this Ordinance will ensure neither the public nor City Council will have reliable cost projections or design analysis on which to base their decision. The public's interest cannot be served by redirecting the funds essential for completing the cost analysis and design process as that are required. It is not until completion of those items that the City knows the true cost,feasibility and advisability of the next phase of the multi-model transportation system. October 20, 2015 -46- Item VI—H2 PUBLIC HEARINGS ITEM#65308 (Continued) Diana Howard, 1057 Debaca Court, Phone: 721-5128, Vice-Chair of the Virginia Beach Tea Party, spoke in SUPPORT of Councilman Moss'proposal. The City is facing a $33-Million Budget shortfall and appreciates the City Council advising the public in hopes of addressing this before next year. The City should consider using the same Light Rail cars as Norfolk since it is only three (3) additional miles. The funds should be "undedicated" and used to cut the shortfall. The State does not have adequate funding for all of the projects that are pending and the Federal Government is definitely not going to fund any type of transportation projects. Carolyn Dittrick, 615 Chesopeian Trail, Phone: 498-4722, advised she finds it difficult that City Council can negate the wise words of educated scholars, high office holders and statisticians who say Light Rail is NOT profitable or a good idea for the City. City Council is "squandering" tax dollars on Light Rail and money should be spent on improving the Bus Transit System. Rather than Light Rail, the Region needs an additional tunnel to relieve congestion for visitors coming from the North to the Beach for vacation. Instead, we are running the risk of those visitors choosing a different destination due to the endless traffic tie-ups. Karen Forget, 3663 Marlin Bay Drive, Lynnhaven River NOW, spoke in OPPOSITION of Councilman Moss'proposal. City Council previously laid out a plan and schedule that will allow the City to continue gathering relevant and important information. This Plan will minimize any tax increases, while taking full advantage of State funds and prepare the City to evaluate the real costs of the extension of Light Rail. This information in vital to make responsible decisions and urge City Council to stay on the current path. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. October 20, 2015 -47- Item -VI-I ORDINANCES/RESOLUTIONS ITEM#65309 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items la/b (DEFERRED TO NOVEMBER 17, 2015), 2, 3(MOSS VERBAL NAY ON Section 4, 6 and 18, VICE MAYOR JONES ABSTAIN ON Section 19 and Section 20 WILL BE CONSIDERED SEPARATELY), 4a (VICE MAYOR JONES ABSTAIN), 4/b, 7, 8 and l0a/b. 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 October 20, 2015 -48- Item-VI-Ila ORDINANCES/RESOLUTIONS ITEM#65310 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED, BY CONSENT, TO NOVEMBER 17, 2015, Ordinances to AMEND the City Code re compliance with the Code of Virginia: a. Sections re descriptions and authorizations for EMS and Fire medical services 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 October 20, 2015 � I -49- Item -VI-Llb ORDINANCES/RESOLUTIONS ITEM#65311 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED, BY CONSENT, TO NOVEMBER 17, 2015, Ordinances to AMEND the City Code re compliance with the Code of Virginia: b. Sections re biennial license renewal for EMS Voting: 11-0 Council Members Voting Aye: Al. 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 October 20, 2015 I I -50- Item-VI-I.2 ORDINANCES/RESOLUTIONS ITEM#65312 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ADD Section 35-64.1 to the City Code re exclusion of Reverse Mortgage payments in calculation of income for the Elderly and Disabled Tax Relief effective immediately 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 October 20, 2015 REQUESTED BY MAYOR SESSOMS, VICE MAYOR JONES, AND MEMBERS MOSS AND WOOD 1 AN ORDINANCE TO ADD SECTION 35-64.1 2 TO THE CITY CODE TO EXCLUDE 3 PAYMENTS FROM A REVERSE MORTGAGE 4 FROM THE CALCULATION OF INCOME IN 5 THE ELDERLY AND DISABLED TAX RELIEF 6 PROGRAM 7 8 SECTION ADDED: § 35-64.1 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 1. That Section 35-64.1 of the City Code is hereby added, to read as follows: 14 15 Sec. 35-64.1. Income exclusion for reverse mortgage payments. 16 17 For purposes of calculating income in accordance with this article, the 18 Commissioner of the Revenue shall not include payments from a bank or other financial 19 institution that result from a reverse mortgage or similar instrument, provided the 20 reverse mortgage is an encumbrance upon the applicant's sole dwelling. 21 22 2. This ordinance shall be effective for tax years beginning on July 1, 2015. 23 24 3. Notwithstanding the application limitations provided in City Code § 35-66, 25 the Commissioner of the Revenue is authorized to receive applications for the fiscal 26 year starting July 1, 2015, through the end of June, 2016, to allow applicants to amend 27 or update information previously to the Commissioner of the Revenue to allow an 28 updated calculation of income. 29 30 4. The Commissioner of the Revenue is directed to notify applicants in the 31 Elderly and Disabled Tax Relief Program of the change in the calculation of income 32 provided by this ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 20th day of October , 2015. APPROVED AS TO LEGAL SUFFICIENCY: ity Attorney's Office CA13505 R-1 October 7, 2015 -51- Item -VI-I.3 ORDINANCES/RESOLUTIONS ITEM#65313 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to ADOPT the 2016 Legislative Agenda and request Virginia Beach General Assembly Delegation sponsor and/or support this legislation Voting: 11-0 Council Members Voting Aye: 111. 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 NOTE: The Consent Vote was 11-0; however, the following "NAY"votes and ABSTENTION were verbally stated: SECTION#4 (Medicaid Expansion Position)—Councilman Moss verbally stated "NAY"vote SECTION#6(Hampton Roads Transportation accountability Commission ((HRIAC) voting)— Councilman Moss verbally stated "NAY"vote SECTION#18 (Full Commonwealth Funding for the Commonwealth Attorney's Office—Councilman Moss verbally stated "NAY"vote SECTION#19(Oyster Leases for Navigation Projects)— Vice Mayor Jones verbally stated his "ABSENTION"vote SECTION#20(Freedom ofIr formation Act:Limitation of Discretion for Custodian of Criminal Investigative Files Involving Suicides)—SHALL BE CONSIDERED SEPARATELY October 20, 2015 1 A RESOLUTION ADOPTING THE CITY'S 2016 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2016 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2016 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor and/or support legislation in the 2016 Session of the General Assembly that 22 would carry out the goals and objectives of the City as set forth in its Legislative 23 Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City Clerk is hereby directed to transmit a copy of this resolution to each 29 member of the City's local Delegation to the General Assembly. 30 g Virginia, 20th 31 Adopted by the City Council of the City of Virginia Beach, this 32 day of October , 2015. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Office Cit City � -Wager's ffi eAttorney's CA13500 R-1 September 22, 2015 oN. I.A.BE,4 � ,,o�,° "' =rte' Q.4 '\ 7*IT.T6 , 4C V 7c ; :•_,„-' S OF OUR NP:VV3N LEGISLATIVE AGENDA GENERAL ASSEMBLY 2016 SESSION October 20, 2015 I I PREFACE The 2016 session of the General Assembly will be quickly upon the citizens and General Assembly members. The General Assembly is to be congratulated for their notable successes in recent years. They addressed the unfunded liability for the Virginia Retirement System (VRS), including pledging to fully fund the actuarially recommended amount over the next several years, which is of great importance to the Commonwealth. The General Assembly is also keeping its faith in paying back the $600 million "loan" taken from the VRS funds during the Great Recession. The General Assembly has also attempted to address transportation funding. The creation of the Hampton Roads Transportation Accountability Commission (HRTAC), and the passage of House Bill 2 establishing a prioritization process for transportation projects throughout the Commonwealth are great accomplishments. No longer will funding for transportation projects potentially change every four years because of a change in Governor. However, even with the General Assembly's attempt to address transportation funding, funding is still critically low. The Hampton Roads region will have approximately $100M to spend on "local"projects between now and 2021. These projects must all be scored through the House Bill 2 process. This compares to the over $30M per year that Virginia Beach alone was receiving in Urban Funding, prior to the Great Recession. Virginia Beach is still committing very substantial amounts of funds for transportation funding. Also, Virginia Beach is required under House Bill 2313 to maintain a level of funding that we were expending prior to the passage of that legislation. There is no requirement that the state maintain the same level of funding as it was during that timeframe. We are also very grateful for the work of the Commonwealth Transportation Board, and especially the local VDOT office for their work in resurfacing I-64 and 1-264 in Norfolk and Virginia Beach. This expenditure of over $100M in long overdue repairs is providing great benefit to the citizens, and the timely movement of people, goods, and services throughout Hampton Roads. In 2016 the City will not be requesting funds from the General Assembly for the Base Realignment and Closure (BRAC) Response Program. This joint city and state program has been lauded throughout the country, all the way up to the level of Secretary of Defense. We have created the model program for encroachment mitigation, and it is only through the efforts of our delegation, that we were able to keep this program funded for so long. Thank you for this sustained effort. This program is also a benefit to Chesapeake's efforts to protect Fentress Auxiliary Field, which is vital to the continuation of Oceana Naval Air Station. Funds have also been provided to Hampton to protect Langley Air Force Base in reducing encroachment. i i i The General Assembly has attempted to provide additional funding for education over the last several years. However, state funding is still at a pre-Great Recession level. Virginia Beach is going above and beyond the requirements of the Standards of Quality (SOQ) by providing $234.5M in local funds, again above and beyond the amount required. This equates to 45.8 cents on the real estate tax, where every penny provides $5.1M. This does not count debt service. Funding the Standards of Quality and the funding of the real needs of education must be a priority for the General Assembly as the economy improves. Virginia Beach City Council looks forward to our continued great relationship with our Delegation. We also look forward to welcoming new members to the Delegation, as well as thanking Senator McWaters for his service representing Virginia Beach. iv TABLE OF CONTENTS Preface CITY OF VIRGINIA BEACH-CITY COUNCIL vi CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION vi SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS vii 1. POST LABOR DAY OPENING FOR SCHOOLS 2 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 3 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL VIA VIRGINIA BEACH HUMAN RIGHTS COMMISSION 3. MORATORIUM ON URANIUM MINING 4 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 4. MEDICAID EXPANSION POSITION 8 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 5. INCREASED FUNDING FOR MENTAL HEALTHCARE 11 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL SECTION 1.2-CITY OF VIRGINIA BEACH NEW INITIATIVES 12 6. HAMPTON ROADS TRANSPORTATION ACCOUNTABILITY COMMISSION(HRTAC) VOTING 13 SPONSORED BY CITY COUNCIL MEMBER, MAYOR WILLIAM D. SESSOMS,JR. 7. STIPENDS FOR BIDDERS/OFFERS IN LARGE INFRASTRUCTURE PROJECTS 14 SPONSORED BY CITY COUNCIL MEMBER, BOB DYER 8. GOVERNMENT ACCOUNTING STANDARDS BOARD REQUIREMENTS FOR TEACHER PENSION LIABILITY 15 SPONSORED BY CITY COUNCIL MEMBER, ROSEMARY WILSON 9. COMMENCEMENT OF APPROVED JOB-RELATED DISABILITY PENSION BENEFITS OF SEPARATION 16 SPONSORED BY CITY COUNCIL MEMBER, BOB DYER 10. ADOPT LEGISLATION TO CREATE A FEE SCHEDULE FOR WORKERS' COMPENSATION MEDICAL COST 17 SPONSORED BY CITY COUNCIL MEMBER, BOB DYER V 11. AMEND THE VIRGINIA CODE SECTION 42.170 TO INCREASE THE CIVIL CASE FILING FEE ASSESSED IN 1988,FROM$4.00 TO$5.00 18 SPONSORED BY CITY COUNCIL MEMBER,AMELIA N. ROSS-HAMMOND 12. VOTING RIGHTS 19 SPONSORED BY CITY COUNCIL MEMBER,AMELIA N. ROSS-HAMMOND 13. SMALL BUSINESS IMPROVEMENTS 20 SPONSORED BY CITY COUNCIL MEMBER, BOB DYER 14. UNIFORM DISPOSITION OF UNCLAIMED PROPERTY 21 SPONSORED BY CITY COUNCIL MEMBER, BOB DYER 15. INCREASED ABILITY TO PROCURE CONSTRUCTION BY BEST VALUE FOR CERTAIN LOCALITIES 22 SPONSORED BY THE CITY OF VIRGINIA BEACH CITY COUNCIL 16. SOLUTION TO COASTAL FLOODING,REGIONAL GREENHOUSE GAS INITIATIVE 23 SPONSORED BY CITY COUNCIL MEMBER, BARBARA HENLEY 17. THE VIRGINIA CENTER FOR HOSPITALITY 24 SPONSORED BY CITY COUNCIL MEMBER, VICE MAYOR LOUIS R.JONES 18. FULL COMMONWEALTH FUNDING FOR THE COMMONWEALTH ATTORNEY'S OFFICE 25 SPONSORED BY CITY COUNCIL MEMBER, VICE MAYOR LOUIS R.JONES 19. OYSTER LEASES FOR NAVIGATION PROJECTS 26 SPONSORED BY CITY COUNCIL MEMBERS,JAMES L. WOOD AND JOHN E. UHRIN I I I I vi CITY OF VIRGINIA BEACH- CITY COUNCIL Mayor William D. Sessoms, Jr. Vice Mayor Louis R. Jones -Bayside Shannon DS Kane—Rose Hall Benjamin Davenport—At Large Amelia N. Ross-Hammond- Kempsville Bob Dyer- Centerville Barbara M. Henley - Princess Anne John D. Moss - At Large John E. Uhrin- Beach Rosemary Wilson-At Large James L. Wood- Lynnhaven CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis,Jr. —Senate District 6 Senator Frank W. Wagner—Senate District 7 Senator Jeffrey L. McWaters—Senate District 8 Senator John A. Cosgrove, Jr.—Senate District 14 Delegate Ronald A. Villanueva—House District 21 Delegate Barry D. Knight—House District 81 Delegate William R. DeSteph, Jr. —House District 82 Delegate Christopher P. Stolle—House District 83 Delegate Glenn R. Davis—House District 84 Delegate Scott W. Taylor—House District 85 Delegate Joseph C. Lindsey —House District 90 i I I I SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY P OSITIONS 2 1. POST LABOR DAY OPENING FOR SCHOOLS SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: The total spending from the tourism industry in Virginia Beach for 2014 was $1.4 billion, stimulating 12,568 jobs. Starting schools in Virginia Beach and other localities in the Commonwealth prior to Labor Day would have significant financial consequences on the tourism industry in the long term. Beginning schools prior to Labor Day would effectively reduce the available vacation time in August by two weeks, which is prime family vacation time that cannot be replaced. If the Virginia Beach school system begins before Labor Day and other localities follow our lead, it will have a negative effect on the economic impact of the tourism industry. To a lesser extent, this will also have an impact on this industry by affecting the labor pool available prior to Labor Day. Request: The General Assembly is requested to maintain the existing legislation concerning post Labor Day opening of schools. This allows all schools to open after Labor Day except those given exemptions by the State Board of Education. i I I I3 2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL VIA VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: The Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.) currently prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City requests that the General Assembly amend the Virginia Human Rights Act to also prohibit discrimination based on sexual orientation. ! I ke0I4 3. MORATORIUM ON URANIUM MINING SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable ore has been found in Pittsylvania County. This deposit is upstream of the John H. Kerr Reservoir, which provides 93% of the inflow to Lake Gaston, which provides water directly to Virginia Beach, and indirectly to most of Southside Hampton Roads. A study prepared by the National Academy of Sciences (NAS) indicates that uranium tailings disposal cells represent long-term risks for contamination, that limited data exist to confirm the long-term effectiveness of those disposal cells, and that extreme natural events combined with human errors have the potential to lead to the release of contaminants. The NAS study concludes that Virginia has no experience with uranium mining, that the federal government has little or no experience with wet climates and extreme precipitation events, and that there are gaps in legal and regulatory coverage for uranium mining and steep hurdles to be overcome before mining could be established in Virginia within a regulatory framework that is protective of health, safety, and the environment. The City contracted with nationally prominent experts to prepare a study of the downstream water quality impacts that would occur from a hypothetical, catastrophic breach of an above-grade, uranium mine tailings disposal cell. The study indicates that in the aftermath of an assumed catastrophe, radioactivity in the main body of Lake Gaston would remain above state and federal regulatory levels for up to two months during wet years and six to sixteen months during dry years. The only practical response during this time would be to shut down the Lake Gaston project. Depending upon the weather, this could have significant consequences to all of Southside Hampton Roads, but particularly, Chesapeake,Norfolk, and Virginia Beach. The Cities of Chesapeake, Norfolk, Suffolk, Virginia Beach, and the Hampton Roads Planning District Commission have all passed resolutions opposing uranium mining in Virginia and lifting the legislative moratorium on uranium mining. Request: The General Assembly of Virginia is requested to maintain the existing moratorium on uranium mining in Virginia. Also, the Commonwealth is requested to vigorously oppose federal court actions to overturn the Uranium Mining Moratorium. (See attached resolution by City Council) I I I I '44� I6' ***Please find attached a resolution adopted by City Council on September 1, 2015*** Fr% ,s,„..„,,,g - 1 6 Resolution Page 1 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 witfiin their respective 45 borders; I I i } 17 Resolution Page 2 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 s day of 56 September, 2015. APPROVED AS TO LEGAL SUFFICIENCY: 4 City Attorney's Office CA13427 R-1 August 26, 2015 1 18 ,w�r 4. MEDICAID EXPANSION POSITION SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL ***Please find attached a resolution adopted by City Council*** Resolution Page 1 1 A RESOLUTION REQUESTING THAT THE GENERAL 2 ASSEMBLY AND GOVERNOR ACCEPT AND IMPLEMENT 3 THE FULL EXPANSION OF MEDICAID AS PROVIDED BY 4 THE AFFORDABLE CARE ACT 5 6 WHEREAS, the Patient Protection and Affordable Care Act ("Affordable Care 7 Act") is a 2010 federal law which, among other things, expands the availability of health 8 care through an expansion of Medicaid; 9 10 WHEREAS, as a result of the United States Supreme Court's decision in a case 11 in which it upheld the constitutionality of the Affordable Care Act, states now have the 12 option to chose whether to accept and implement the Act's Medicaid expansion; 13 14 WHEREAS, the Affordable Care Act's Medicaid expansion establishes a new 15 income eligibility criterion of 133% of the federal poverty level and provides 100% 16 federal funding for the expansion in the first three years, after which time the federal 17 funding will be reduced to no less than 90%of the cost; 18 19 WHEREAS, the projected cost to Virginia is dwarfed by the billions of federal 20 dollars which will flow into the state, and Medicaid expansion will not only provide 21 citizens with greater access to health care but will also support the state's health care 22 industry, employment,and Virginia's overall economy; 23 24 WHEREAS, although 47,775 Virginia Beach residents currently receive Medicaid 25 benefits, 51,730 additional adult City residents who are under the age of 65 remain 26 uninsured; 27 28 WHEREAS, an estimated additional 14,650 Virginia Beach residents will be 29 eligible for Medicaid expansion under the federal law, including a significant number of 30 single persons and couples with incomes between $15,415 and $20,879, as well as 31 certain families(depending on family size)with incomes up to$53,668; 32 33 WHEREAS, a significant number of uninsured Virginia Beach residents who 34 suffer from mental health or substance abuse disorders will be eligible for health care 35 coverage through Medicaid expansion; and 36 37 WHEREAS, the expansion of Medicaid will increase local employment in medical 38 services and other supportive health care industries(especially technology); 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH,VIRGINIA: 42 Resolution Page 2 ff-LT110 43 That the City Council requests that the Governor and the General Assembly take 44 the steps necessary to accept and implement in the Commonwealth of Virginia the full 45 Medicaid expansion as provided by the Affordable Care Act. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of December , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �c ticl►. City ,= .-'O1--ince City Attorney's Offi CA12482 R-2 December 5,2012 4,) 1i 1i 5. INCREASED FUNDING FOR MENTAL HEALTHCARE SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: People with serious mental illness, as well as their loved ones, and people with addiction disorders and their families face a crisis when it comes to accessing services they need. Decades of neglect to the mental health system, plus an increased need from people who are uninsured, underinsured, or facing economic hardship, have exacerbated the problem. According to the Virginia Department of Behavioral Health and Development Services, almost 4,500 Virginians are waiting to receive community-based services for mental health alone, and almost 1,500 of those have waited for services longer than four months. The well-being of families and our community is seriously threatened by the failure of those in need to receive timely and effective mental healthcare... Request: The City requests that the General Assembly provide significant increases to funding for mental healthcare services beyond that provided in 2015. The City supports the Virginia Association of Community Services Board (VACSB) budget priorities for 2015-2016 and requests funding to include, but not limited to the following: • Workforce development with a focus on recruiting and retaining licensed or license-eligible staff by offering tuition reimbursement and clinical supervision financial incentives-- $3,991,000 • The VACSB Emergency Services and Substance Abuse Councils are seeking expansion of medical detoxification to improve our crisis response system for individuals with substance use dependence and ensure that resources are available for safe detoxification during a crisis episode -- $16,000,000. • Reintegration services for high-risk youth and adults to expand capacity for the purchase of community-based services and treatment to address youth and adults who are high-risk for re- hospitalization or re-offense due the severity of their behavioral health challenges -- $7,000,000 • Additional Waiver Slots: The VACSB Developmental Services Council is supporting The ARC's Waiver Waiting List Reduction Package to reduce the ID/DD Waiver waiting list by 50%. Waiver slots build capacities that will enable individuals who need developmental services and supports, including those with multiple disabilities, to live a life that is fully integrated in the community. o Fund 200 Developmental Disability Waiver slots as part of the DOJ settlement agreement in FY16 o Fund 800 Individual and Family Support Waiver slots in both FY 2017 &FY 2018 *Each ID waiver slot costs approximately$45,000 a year 112 SECTION 1 .2 - CITY OF VIRGINIA BEACH NEW POLICY INITIATIVES } 13 6. HAMPTON ROADS TRANSPORTATION ACCOUNTABILITY COMMISSION (HRTAC) VOTING SPONSORED BY MAYOR WILLIAM D.SESSOMS,JR. Background Information: Currently the legislation established by the Hampton Roads Transportation Accountability Commission (HRTAC) requires that the Chief Elected Officer(CEO) of the governing body of each of the fourteen counties and cities, embraced by the commission, shall be the voting member. The Acts of Assembly state that decisions by the commission shall be by: 1) a quorum constituting a majority of the elected officials of the Commission, 2) the affirmative vote of two-thirds of the voting Members present and voting, and 3) two-thirds of the chief elected Officers of the counties and cities embraced by Planning District 23 who are present and voting and whose counties and cities include at least two-thirds of the population embraced by the Commission. Since most of the chief elected Officers (i.e. mayors, chairs of the board of supervisors) also have careers that require their attention, their elected positions are held part-time. Thus, it is reasonable that full-time employment requirements may occasionally take priority over attendance at a HRTAC meeting. Furthermore, a mayor or chair could be incapacitated for many months, and that jurisdiction would, therefore, not be represented at a HRTAC meeting and to a real extent be disenfranchised. Therefore, it is requested that the HRTAC enabling legislation be amended to allow the mayor or chair of the board of supervisors to designate another member of his council or board to cast a vote for the chief elected official on behalf of the locality at HRTAC meetings. Request: The General Assembly is requested to amend chapter 678 of the Acts of Assembly 2014 session to allow the Chief Elected Officer of a governing body of any of the fourteen counties and cities embraced by the commission, if he or she is unable to attend a meeting, to designate another council or board member to represent him or her. This designation shall be made to the chair of the Hampton Roads Transportation Accountability Commission (HRTAC) at least 48 hours before the meeting for which an alternate will be voting and such notification to the chair shall be made through writing or electronically. Such appointment of alternate shall be for only the upcoming meeting, which the Chief Elected Official is unable to attend. 1 14 7. STIPENDS FOR BIDDERS/OFFERORS IN LARGE INFRASTRUCTURE PROJECTS SPONSORED BY CITY COUNCIL MEMBER,BOB DYER Background Information: The central premise of the Virginia Public Procurement Act (VPPA) is that increased competition provides benefits such as lower overall costs and increased quality. The City's interest in stipends is specifically keyed to two-phase procurement wherein the stipend is an incentive to keep a bidder/offeror"in the game" after the initial competitive qualification process. In the procurement context, a stipend means a payment made by a public entity to a pre-qualified offeror/bidder upon submission of a binding bid or formal proposal. The amount of the stipend can be tied to either the estimated proposal development costs or the amount of the bid/contract (e.g. AZ DOT uses 0.2% of bid amount as a cap). While not applicable in all procurement scenarios, one common requirement for payment of a stipend is that the offeror/bidder transfer title to all designs and data in its proposal. The VPPA is silent as to whether a locality may use a stipend for the purpose of promoting competition. If a project is a federal highway project, the Federal Highway Administration Regulations permit the use of stipends in certain procurements. 23 C.F.R. §636.113 provides: Stipends are recommended on large projects where there is substantial opportunity for innovation and the cost of submitting a proposal is significant. On such projects, stipends are used to: • Encourage competition; • Compensate unsuccessful offerors for a portion of the costs (usually one-third to one half of the estimated proposal development cost); and • Ensure that smaller companies are not put at a competitive disadvantage. Request: The City Council requests the General Assembly provide enabling legislation to allow a locality the option to offer a stipend for large ($50million+)procurements that utilize a two-phase procurement. Such legislation may defer to the locally adopted ordinance the methodology for calculating the stipend whether that be estimated proposal development cost, percentage of estimated bid amount, or some variation of these concepts. I 1b 8. GOVERNMENT ACCOUNTING STANDARDS BOARD REQUIREMENTS FOR TEACHER PENSION LIABILITY SPONSORED BY CITY COUNCIL MEMBER,ROSEMARY WILSON Background Information: The Government Accounting Standards Board (GASB) is prescribing how unfunded liabilities of cost- shared pensions should be reported. Local governments with school divisions will find themselves burdened with more than $15 billion in unfunded liability. School divisions' liabilities will officially show up on local financial statements in FY15, and on the FY14 valuation. In Virginia, teachers are employees of the school boards and send retirement contributions to the Virginia Retirement System (VRS). Under the new GASB rules, even though the state and the school board fund the contributions, the unfunded liability falls solely on the school boards. This means the liability will be shown on the city, county, or town financial statements. The Virginia Beach School Board unfunded teacher liability is $623.9 million. Projected balance sheets for Virginia Beach, after recognizing the unfunded pension liability for the City and the Schools will result in negative equity of over $800 million. There is no rationale for localities to bear full responsibility for the unfunded liability for the teacher retirement plan and have its credit rating potentially negatively impacted. The state sets standards that require a minimum number of teachers. Pensions are part and parcel of a compensation package. There is no rationale for the state not bearing a portion of the responsibility for pension costs, including recognition of unfunded liabilities. For more than 20 years, the state has chosen to fund the teacher retirement plan at rates below those recommended by the VRS Board of Trustees. At the same time, the state also expanded retirement benefits by decreasing age and service requirements, allowed for purchase of service, and required health insurance credits. Consistent underfunding, benefit increases and investment losses due to the Great Recession have pumped up the unfunded status of the teacher retirement plan. The fund has just 60.2 percent of the assets needed to pay its liabilities. Request: • The unfunded liability of the teacher retirement plan should be a responsibility shared by the state and local governments, failure to do so may result the downgrading of local credit ratings. • If local credit ratings are downgraded, it will be more expensive for localities to invest in infrastructure essential to the state, including school buildings and other public facilities. • Fully fund the actuarial rate as indicated by the VRS going forward and pay such funds directly to VRS. • The Commonwealth should pay its share of teacher retirement costs directly to VRS. This will not increase the amount the state pays for teacher retirement. 116 9. COMMENCEMENT OF APPROVED JOB-RELATED DISABILITY PENSION BENEFITS OF SEPARATION SPONSORED BY CITY COUNCIL MEMBER,BOB DYER Background Information: When an individual sustains an on-the-job injury, and ultimately cannot go back to performing the job for which he or she was hired, that individual, if vested, can apply for VRS disability benefits. Typically, the injured worker will have previously applied for and received workers' compensation benefits which provide for lifetime medical benefits and the potential for up to 500 weeks of wage loss benefits. In many cases, when an injured worker has received wage loss benefits due to a work-related injury, the injured worker sufficiently recovers in order to return to the work place in a limited duty or transitional duty capacity. By providing limited duty work to the injured worker, the City of Virginia Beach assists the injured worker in returning to the work force. Because the injured worker who returns to the work place in a limited duty capacity receives his or her regular wages, which are greater than or equal to the workers' compensation wage indemnity, the open award for wage loss benefits under workers' compensation closes. In the event that the injured worker ultimately is not able to return to the job for which he or she was hired in a full duty capacity, the City will eventually separate the employee from employment. At the time of the separation, the employee often will have applied for and been granted job-related disability retirement, but not be on an open workers compensation award. VRS takes the position that injured workers should be required to petition to reopen their workers' compensation claim and begin receiving benefits at the time of separation instead of VRS beginning to pay job-related disability pension benefits, even though the Code of Virginia allows for the separated employee to begin receiving job-related disability retirement benefits. In other words, VRS will delay payment, leaving the employee with no source of income, and thereby forcing him or her to petition anew for workers' compensation wage loss benefits. Request: In cases where the injured worker is no longer on an open wage loss award, not beginning VRS pension benefits within a reasonable period of time imposes a substantial financial burden on the injured employee and has the effect of requiring the employee to reopen his or her workers' compensation wage loss claim even though state law does not affirmatively allow VRS to require the injured employee to take such action. The City of Virginia Beach urges the General Assembly to require VRS to commence payment of approved VRS disability retirement benefits to the injured worker within 30 days of VRS approval of the job-related disability retirement request if the worker is not on an open workers' compensation award. 117 10. ADOPT LEGISLATION TO CREATE A FEE SCHEDULE FOR WORKERS' COMPENSATION MEDICAL COST SPONSORED BY CITY COUNCIL MEMBER,BOB DYER Background Information: Medical costs for work related injuries continue to rise exponentially each year according to a study by the Virginia Workers' Compensation Commission. Medical costs continue to rise unreasonably primarily because medical providers do not allow deep discounts similar to group health plans. The current wording in the Virginia Workers' Compensation Act provides for medical bills to be paid at the "going community rate". In practice, the bill that the doctor provides is considered the "going community rate" unless the employer can prove otherwise. There is no predictability in this practice because we receive drastically different billed amounts from different medical providers for the same identical service. The 2014 General Assembly failed to enact HB 946 which mandated a fee schedule for workers' compensation medical costs based on Medicare rates. Forty-four states have adopted fee schedules, 32 of which are based on Medicare. If such a fee schedule were adopted in Virginia, it is estimated to save over $50 million in state-wide work-related medical costs and would provide a much more predictable process. In FY2015, Virginia Beach spent over $8 million on medical services to injured employees. On March 23, 2015, the 2015 General Assembly adopted House Bill 1820 that requires the Virginia Workers' Compensation Commission to re-establish, by April of 2016, the number and geographic area of the communities under the prevailing community rate statute. Additionally, the Commission is to convene a work group of stakeholder representatives of employers, health care service providers, claimants, and insurers to advise and assist the Commission in reviewing various databases for medical services rendered in Virginia to establish the pecuniary liability of the employer for work related medical treatment. One example is the Virginia All-Payers Claims Database. This database was mandated by the Virginia General Assembly in 2012 and is overseen by Virginia Health Information (VHI). The VIII is an independent, non-profit 501(c)(3) organization formed to administer Virginia Health Care Data reporting initiatives to Virginians. Further, the stakeholder group and the Commission are required to make findings or recommendations as to how the databases reviewed may serve to enhance or replace Virginia's current mechanisms for establishing the cost for medical services to injured employees. Request: The City of Virginia Beach urges the General Assembly to eliminate the "going community rate" language in the Virginia Workers' Compensation Act and adopt a consistent, fair and reasonable fee schedule, similar to group health plan network rates, for all work related medical costs billed after June 30, 2016. 1311. 118 11. AMEND THE VIRGINIA CODE SECTION §42.170 TO INCREASE THE CIVIL CASE FILING FEE ASSESSED IN 1988, FROM $4.00 TO $5.00 SPONSORED BY CITY COUNCIL MEMBER,AMELIA N. ROSS-HAMMOND Background Information: The Wahab Public Law Library (WPLL) is under the governance of the Department of Public Libraries, however, all operational funding, including that for personnel, is derived not from the City's General Fund, but from civil cases filed in the Virginia Beach Circuit and General District Courts. The Circuit Court Clerk takes 5% out of each $4.00 filing fee as a commission, as provided for in §17.1-289 of the Code of Virginia, with WPLL receiving a total$3.80 per each $4.00 filing fee. WPLL ensures free access to a significant collection of current and accurate resources, specifically for the purpose of providing legal information. It is open to anyone in need of legal information for research and the practice of law in the community. WPLL has been a part of the Virginia Beach Public Library since 1971. The library is, as the name states, a Public Law Library. Our customers include citizens; employees in city and state agencies such as the City Attorney, Public Defender, Commonwealth's Attorney, Circuit Court; members of the legal profession; and students who are researching legal topics or studying legal writing and research as part of their certification or degree coursework. WPLL has evolved over the years from a small room near the Circuit Court Building in the early 1970's to the current location in the Court Support Building of the Judicial Center. The 5,000 square foot facility houses a collection of nearly 14,000 print volumes, and microform. The WPLL public computer lab features free Internet access for the public, legal research databases Lexis and Westlaw, and a microform reader printer. The WPLL staff consists of two full-time and two part- time employees. Request: The City requests the General Assembly to increase the filing fee to $5. With a$1 increase, all funding will go to support the Law Library. ** Using FY14/15 as an example, there were 66,250 civil filings and revenues totaled $265,000 ( @ $4 per fee). If the fee were $5,the revenues would have totaled $331,250. \T' 1G 12. VOTING RIGHTS SPONSORED BY CITY COUNCIL MEMBER,AMELIA N.ROSS-HAMMOND Background Information: The right to vote is a fundamental right of every citizen of our Commonwealth and nation and it is the foundation of our democracy. Barriers to the ballot box harm our state and our nation and are inconsistent with the ideals and principles upon which our great nation and our Commonwealth were founded. Increased voter participation, on the other hand, strengthens our democracy and results in leaders who are responsive to the diverse needs of all of our citizens. Request: The City requests that the General Assembly support legislation that removes barriers to voter participation and improves the ability of all Virginia citizens to exercise their fundamental right to vote. t r `�, fI (( 13. SMALL BUSINESS IMPROVEMENTS SPONSORED BY CITY COUNCIL MEMBER,BOB DYER Background Information: House Bill 2347 was introduced in the 2015 General Assembly by Delegate Scott Taylor, but was not enacted. HB2347 makes several changes to procurement laws to enhance procurement opportunities for small businesses, microbusinesses, women-owned businesses, service disabled veteran-owned businesses, and minority-owned businesses with state and local public bodies. Changes include (i) adding a definition of microbusiness to mean a business certified by the Department of Small Business and Supplier Diversity as a small business with 25 or fewer employees and average annual revenue of$3 million or less. The City of Virginia Beach has undertaken many efforts to further equal opportunity and nondiscrimination in City procurement. In 1995, the City Council created the region's first Minority Business Council (the "MBC"). The City and the MBC have worked over the years to further programs and efforts to reduce barriers in City procurement to include: • The City Council establishing a goal of 10%minority participation in City Contracts; • Debundling of City contracts to better enable small, woman-owned, and minority-owned ("SWaM")businesses to compete; • Utilization of a comprehensive database of SWaM businesses and the types of goods or services that each business provides; • Enactment of a Small Business Enhancement Program requiring contractors to utilize at least 50% SWaM businesses in subcontracting plans; • Implementation of a City Administrative Directive to require solicitations of SWaM, including minority-owned and woman-owned, vendors for City contract of less than $50,000; • Entry into a Memorandum of Understanding with the Virginia Department of Small Business and Supplier Diversity (through its predecessor, Department of Minority Business Enterprise) to develop a productive and mutually beneficial working relationship; • City Council adoption of a bond waiver program to the extent authorized by the General Assembly, which includes a prequalification process. Request: The City of Virginia Beach urges the General Assembly to adopt a small business improvement act, which would include defining micro businesses as well as removal of the prequalification process for waiving the bid bond for non-transportation projects between $100,000 and $500,000. I2" 14. UNIFORM DISPOSITION OF UNCLAIMED PROPERTY SPONSORED BY CITY COUNCIL MEMBER,BOB DYER Background Information: The current Virginia Code § 55-210 requires all organizations remit all unclaimed property to the state, regardless of the amount. In addition, due diligence must be performed to find the owner for unclaimed accounts in excess of $100. This process is time consuming and resource intensive for municipalities. The City of Virginia Beach spent over 250 hours researching and resolving unclaimed property in the last month. This is in addition to the time spent researching returned checks and uncashed checks during the year. Forty percent (40%) of the total number of unclaimed property accounts for the past year were under $10, but these under $10 accounts only represented three percent (3%) of the total account dollars. Request: Modify Current legislation for local government entities so that localities are able to discontinue the labor intensive process of reporting on accounts valued at $10 or less. tSeri 22 15. INCREASED ABILITY TO PROCURE CONSTRUCTION BY BEST VALUE FOR CERTAIN LOCALITIES SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: With a few exceptions such as design build and construction manager at risk, the Virginia Public Procurement Act ("VPPA") requires construction to be procured using competitive sealed bidding. The City is vigilant in its search for opportunities to make its procurement processes more inclusive for Small, Woman-owned, Minority-owned, and Service-disabled Veteran-owned businesses ("SWaM Businesses"). In looking for opportunities to grow SWaM Businesses, the City believes there is a subset of construction that would provide a crucial opportunity for growth of such businesses, and that subset is non-transportation construction valued between $500,000 and $2,000,000. Request: The City requests legislative authorization for any locality with a population in excess of 200,000 to undertake the procurement of construction through procedures consistent with those described by the VPPA for the procurement of nonprofessional services through competitive negotiation for non-transportation construction valued between $500,000 and $2,000,000. Such contract shall be awarded to the fully qualified offeror who submits an acceptable proposal determined to be the best value in response to the Request for Proposal. i23 16. SOLUTION TO COASTAL FLOODING REGIONAL GREENHOUSE GAS INITIATIVE SPONSORED BY CITY COUNCIL MEMBER,BARBARA HENLEY Background Information: The Hampton Roads Region (along with New Orleans) is the most at risk for coastal flooding and Sea Level Rise in the country. Recurrent Flooding and Sea level rise is a reality, as can be evidenced by tide gauges kept by National Oceanic and Atmospheric Administration and others since the early 1900's. Sea Level Rise is real, and much of Virginia Beach is low and drains poorly. Storms that were small nuisances just 10-15 years ago, now caused major destruction of roadways and damage homes. The City Council has embarked on a strategy of studying the various watersheds within the City, which will in the end provide plans on how to address Recurrent Flooding and Sea Level Rise. The other localities in the region are doing similar efforts. This is a regional effort, which will take actions by the state, federal, and local government. It will also be a very expensive endeavor. The Regional Greenhouse Gas Initiative as it currently exist in states from Maryland and New York north, allows carbon allowances to be purchased for every ton of CO2 emitted. Companies decide how to stay below a cap that is set through the region, and these allowances are sold at quarterly auctions. The proceeds are then returned to the state for reinvestment. It's projected that roughly $200M in auction revenues through 2030 could be provided to Virginia. This could also help address the administration"Clean Power Plan". Request: The General Assembly is requested to adopt legislation as was introduced by Delegate Ron Villanueva of Virginia Beach and Chesapeake in the 2015 Session. This would allow Virginia to join with the Northeast RGGI. This would allow us to manage cuts in carbon emission, while at the same time providing revenue to address Sea level Rise and Recurrent Flooding. Currently the nine RGGI states represent 25% of the U.S. population. They have had $1.3B in net positive economic impact, have cut pollution three times faster than non-RGGI states, and have had lower bills for power than other areas. \\` I 24 17. THE VIRGINIA CENTER FOR HOSPITALITY EXCELLENCE SPONSORED BY CITY COUNCIL MEMBER,VICE MAYOR LOUIS R.JONES Background Information: In November 2013, the City of Virginia Beach Development Authority issued a Request for Qualifications for the development of a hotel adjacent to Tidewater Community College. Princess Anne Hospitality comprised of MEB General Contractors and Gold Key/PHR responded and were interviewed by City representatives and subsequently selected for negotiation. The RFQ and associated market feasibility study concluded the subject site could support a +/- 100-room branded, limited service hotel. Subsequently the indications for the market were for an upper-midscale; select service, 120 room hotel. This "Beyond a Hotel" project between the City of Virginia Beach and Tidewater Community College would help to provide a workforce development opportunity to expand the support of the tourism industry. Basically, this would be a "teaching hotel" that would have dedicated Tidewater Community College academic space, as well as the usual amenities for a destination hotel. The developers have committed to a private financing package commensurate with a base hotel product. Tidewater Community College is very much supportive and is anticipated to enter into a capital or operating lease for portions of the project associated with academic space and student access. The City is committed to a contribution of land, infrastructure and other potential public benefit portions of the project. A difference between the cost of a customary hotel of this size and configuration and what is needed to create the "teaching hotel" is approximately $10M. Request: General Assembly is requested to provide a workforce development opportunity by funding the $10M difference between what a normal hotel would cost, and what this new "teaching hotel" concept would provide. Tidewater Community College would be a partner as well as the tourism industry in Virginia Beach generally. All aspects of operating a hotel from HVAC maintenance, to "best in class" in check—in studies would be provided. For instance: • There will be a classroom located behind the check-in counter (monitored by cameras), and the students could learn the best practices for check-in in real time. • The restaurant that would be built as part of the hotel could partner with Tidewater Community College's culinary facility in downtown Norfolk. This facility could be used for students across the Commonwealth and help propel the tourism industry to the next level for the entire Commonwealth. I 25 18. FULL STATE FUNDING FOR THE COMMONWEALTH ATTORNEY'S OFFICE SPONSORED BY CITY COUNCIL MEMBER,BARBARA HENLEY Background Information: The Commonwealth Attorney's Office of Virginia Beach, as is common across the Commonwealth, is woefully underfunded. Our Commonwealth Attorney has identified the need for 177 additional attorneys and support staff to support the current workload. This workload has increased remarkably over the past ten years because of population growth, enhanced enforcement of various laws (i.e. driving under the influence which greatly reduces death and injury on the highways of the City and the Commonwealth), and many other needs. Also, the coming avalanche of work associated with police Body Cameras. The Body Cameras will produce a tremendous amount of body camera footage that needs to be reviewed both before and during trials by the Commonwealth Attorney's Office. The states support for the Commonwealth Attorney has declined since 2013. This has created an increase in the need for City funding for a constitutionally mandated office. Request: The General Assembly is requested to fully fund the needs of the Commonwealth Attorneys Office's across the Commonwealth. It is estimated by the Commonwealth's Attorneys Association that $9,010,764 is needed. This will begin to bring the Commonwealth's Attorney Offices up to the funding necessary to enforce the existing laws of the Commonwealth from arrest thru trial. Yr I 26 19. USE OF OYSTER LEASES FOR NAVIGATION PROJECTS SPONSORED BY CITY COUNCIL MEMBERS,JAMES L. WOOD&JOHN E.UHRIN Background Information: The City has numerous rivers and tributaries that require maintenance dredging. This includes both the main channels of the Eastern and Western branches of the Lynnhaven River and multiple navigation channels serving the multitude of neighborhoods of the fully developed watershed. Not only do these waterways provide access for homeowners to utilize their waterfront property, but these navigation channels support recreational boating for residents and visitors to the City in addition to serving water-dependent local businesses and watermen. Virtually all of the coves of the Lynnhaven were developed with navigation channels. With the support of General Assembly legislation, Special Service Districts (SSDs) are being created to formulate neighborhood navigation dredging projects to reclaim those navigation channels that have filled with silt, mud and sediment foreign to the Lynnhaven's past. Restoring navigable channels for these waterfront neighborhoods is a critical goal for the City, and the Navigation SSD program provides a venue to accomplish this. The silt, mud and sediment that have inundated this body of water contribute to degradation of the water quality of the Lynnhaven, which is condemned or restricted to oyster production in many areas. As a result of contamination, most oyster leases are unproductive or have costly restrictions and compliance measures before a harvest can be brought to market. Restoring navigation channels is a part of the City's effort to cleaning up the Lynnhaven River, but the widely popular SSD neighborhood navigation dredging program has been placed at risk due to 2014 legislation barring localities from exercising eminent domain to acquire portions of oyster leases of state-owned bottomlands, even if the purpose is navigational dredging. Due to guarantees made by the Commonwealth to the holders of oyster leases, consent from the oyster lease holder is required for any dredging permit issued by the Virginia Marine Resources Commission. The legal result of this requirement is that a single oyster lease holder with a nonproductive, vacant oyster bed in a condemned creek retains veto power over a navigation dredging project affecting hundreds of waterfront property owners and recreational boaters. The oyster leases cost $1.50 per acre/per year for a 10-year lease, and although there is a requirement that leases be worked for oyster production, there are generous exceptions for rivers like the Lynnhaven, where such production would not likely yield oysters. The proposed legislation is to promote a balance that allows the municipality and its property owners to maintain the navigation channels while providing fair treatment to active producing oyster lease holders. Request: The General Assembly is requested to amend the code of Virginia §28.2-618 §28.2-618. Commonwealth guarantees rights of renter subject to right of fishing. J 127 The Commonwealth shall guarantee to any person who has complied with ground assignment requirements the absolute right to continue to use and occupy the ground for the term of the lease, subject to: 1. Section 28.2-613; 2. Riparian rights; 3. The right of fishing in waters above the bottoms, provided (i) that no person exercising the right of fishing shall use any device which is fixed to the bottom, or which, in any way, interferes with the renter's rights or damages the bottoms, or the oysters planted thereon, and (ii) that crab pots and gill nets which are not staked to the bottom shall not be considered devices which are fixed to the bottom unless the crab pots and gill nets are used over planted oyster beds in waters of less than four feet at mean low water on the seaside of Northampton and Accomack Counties; 4. Established fishing stands, but only if the fishing stand license fee is timely received from the existing licensee of the fishing stand and no new applicant shall have priority over the oyster lease. However, a fishing stand location assigned prior to the lease of the oyster ground is a vested interest, a chattel real, and an inheritable right which may be transferred or assigned whenever the current licensee complies with all existing laws; and 5. In navigable waters that are located in the Lynnhaven River and its creeks and tributaries, the right of navigation, including dredging projects to improve, deepen or restore existing navigation channels in areas approved by the Virginia Marine Resources Commission, so long as the person dredging designs the project to minimize affecting active, producing beds and, to the extent any such beds cannot be avoided, the dredger pays the cost of relocating the oyster material that would be disturbed or pays the holder for any losses of oysters in production in an amount to be determined by the Commission. This change would allow the City to compensate for loss of use while allowing much needed projects to go forward. X14L p� u r 5 City of Virginia I beach 994- e� OUR NA11(N LOUIS R.JONES PHONE: (757)583-0177 VICE MAYOR FAX (757)588-4659 Refer to File No. 0056415 October 20, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the Resolution Adopting the City's 2016 Legislative Agenda. Specifically, I am making this disclosure with respect to item 19 of the Legislative Agenda, entitled, "Use of Oyster Leases for Navigation Projects." 2. I have an oyster lease with respect to property located at 3902 Richardson Road in Virginia Beach. 3. Although I am member of a group—persons with oyster leases for waters located in the Lynnhaven River and its creeks and tributaries—the members of which may be affected by this transaction,and the Act would allow me to participate in this matter, I have chosen to abstain from voting on item 19. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 Mrs. Ruth Hodges Smith -2- October 20, 2015 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Sincerely, Louis R. J 1'es Vice Mayor LJR/RRI -52- Item-VI-I.3—Section #20 ORDINANCES/RESOLUTIONS ITEM#65314 The following individual registered to speak: Marlayne Castelluzzo, Chair — Virginia Beach Taxpayer's Alliance, spoke in SUPPORT of Legislative Agenda Section #20 and requested the City remove the "God-like" authority of Public Safety Officers to keep information from the families. Sadly, she advised, she speaks from first-hand knowledge as her nephew committed suicide. She advised had the Portland Police taken the same stance as the City, the paralyzing agony and heartbreak of her family's tragedy would have been intensified into incomprehensible torment. Many families may not seek the information regarding their loved one's suicide and that should be their right. For her family, the specifics surrounding the tragedy offered some minor consolation, eased some of the anguish and responsibility, diverted attempts to assign blame and lessened the never-ending questions that emerge from such a tragic event. If someone is murdered the minutest particulars are not only available but put forth in grand detail for the Media and Courts for anyone to access and yet the very personal suffering,from a suicide is touted in secrecy and wrong. By what authority does the officers and City Council Members have to engage in this type of decision making? Families have the right to gain whatever information in available, if they so choose, and shame on those who,feel their will is superior to that of surviving members. Councilman Moss made a motion to ADOPT the Legislative Agenda Section #20 (Freedom of Information Act: Limitation of Discretion for Custodian of Criminal Investigative Files Involving Suicides), Motion LOST for the lack of a Second. October 20, 2015 -53- tern -VI-L4a ORDINANCES/RESOLUTIONS ITEM#65315 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to SUPPORT applications to Virginia Department of Transportation (VDOT) for: a. FY 2016-2017 Revenue Sharing Program re Rosemont Road Phase V and Princess Anne Road Phase VII Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, 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 Abstaining: Vice Mayor Louis R. Jones Council Members Absent: None October 20, 2015 I I 1 A RESOLUTION TO SUPPORT THE CITY'S APPLICATION 2 TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION 3 FOR THE FY 2016-17 REVENUE SHARING PROGRAM 4 5 WHEREAS, the City of Virginia Beach is eligible to submit applications for up to 6 $10,000,000 through the Virginia Department of Transportation Fiscal Year 2016-17 7 Revenue Sharing Program; and 8 9 WHEREAS, the City's highest priority improvements that meet the eligibility for 10 funding are part of Project # 2-035 — Rosemont Road- Phase V and Project # 2-195 — 11 Princess Anne Road — Phase VII. 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That the City of Virginia Beach City Council hereby supports the application to 17 the Virginia Department of Transportation for its Revenue Sharing Program to request 18 $4,000,000 for Rosemont Road- Phase V (Project # 2-038) and $6,000,000 for 19 Princess Anne Road Phase VII (Project # 2-195). 20 21 2. That the required matching funds will be provided from the allocation of local 22 funding existing within the aforementioned projects. 23 24 3. That the City Manager is hereby authorized to execute on behalf of the City of 25 Virginia Beach necessary project agreements required by VDOT in furtherance of the 26 Revenue Sharing Program, including project development and construction. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of October , 2015. 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Q�� r .,'''''''': F/4 : y0Atea *q �a �S� ,h 'n�'cf©a� j /SH V '(-1\'f .(),/ * GN: i. ` dog*-, , � ^ea„...r*,,-, ,,,,,, 43-.,, ,,.".rpr,-,,", - 0 '� .. // - ,t4v LOCATION MAPs �o<, / 'd .!vo ,4 o ,,-, Princess Anne Road - Phase VII " .4 ., �',,4,4 CIP 2.195.000 i b Feet s,„..I Service ureau 09/29/2014 0 500 1,000 2,000 i I I colts. .BE4c� r 5 City of Vires;iriia I leach OF OUR NXX'ONS LOUIS R.JONES PHONE: (757)583-0177 VICE MAYOR FAX (757)588-4659 Refer to File No. 0056387 October 20, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the Resolution to Support the City's Application to the Virginia Department of Transportation for the FY 2016-17 Revenue Sharing Program. 2. One of the projects that is a subject of this Resolution is Princess Anne Road Phase VII. That project will require the acquisition of land from approximately twenty property owners, including Hollomon-Brown Funeral Home, Inc. 3. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The company's corporate headquarters are located at 8464 Tidewater Drive, Norfolk, Virginia. 4. Although the City Attorney has advised me that the Conflict of Interests Act allows me to participate in this transaction without restriction as a member of a group upon disclosure of my interest, I nevertheless wish to abstain from voting on this matter. 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 Mrs. Ruth Hodges Smith -2- October 20, 2015 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, Louis R. J nes Vice Mayor LRJ/RRI/DRH c: Mark D. Stiles, City Attorney -54- Item-VI-L4b ORDINANCES/RESOLUTIONS ITEM#65316 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to SUPPORT applications to Virginia Department of Transportation (VDOT) for. b. FY 2016-2017 Transportation Alternatives re Salem Road, West Great Neck Road, Providence Road and Independence Boulevard/Baxter Road sidewalk projects 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 October 20, 2015 1 A RESOLUTION TO SUPPORT THE CITY APPLICATIONS 2 TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION 3 FOR FY 2016-17 TRANSPORTATION ALTERNATIVES 4 PROGRAM 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications through 7 the Virginia Department of Transportation Fiscal Year 2016-17 Transportation 8 Alternatives Program providing pedestrian and bicycle facilities; and 9 10 WHEREAS, the City can request 80% of the project cost, up to $1,000,000, in 11 federal pass-through funding and must provide the remaining 20% local match for each 12 project; and 13 14 WHEREAS, the City's has identified four high-priority projects as candidates for 15 this funding. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the City of Virginia Beach City Council hereby supports applications for 21 FY 2016-17 Transportation Alternatives Program, with the total cost of the projects 22 being $3,420,000, and the City requesting $2,736,000 in federal funding with the 23 following detailing the individual projects and proposed local contribution: 24 25 a. A total of $500,000 for the Salem Road Sidewalk, with $400,000 from 26 federal funds and $100,000 in local funds; 27 b. A total of $890,000 for the West Great Neck Road Sidewalk, with 28 $712,000 in federal funds and $178,000 in local funds; 29 c. A total of $955,000 for the Providence Road Sidewalk, with $764,000 30 in federal funds and $191,000 in local funds; and 31 d. A total of $1,075,000 for the Independence Boulevard/Baxter Road 32 Sidewalk, with $860,000 in federal funds and $215,000 in local funds. 33 34 2. That the required matching funds will be provided from within capital project 35 appropriations-to-date. 36 37 3. That the City Manager is hereby authorized to execute on behalf of the City of 38 Virginia Beach necessary project agreements required by VDOT in furtherance of the 39 Transportation Alternatives Program, including project development and construction. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of October 2015. APPROVED AS TO CONTENT: AP' : •VED AS TO LEGAL SUFFICIENCY: 4Budget and Management Services ; City or - 's effice CA13507/R-1/October 7, 2015 1 1 1 1 N FERRELL PW *. 4 10\,100 , de W-.4110`'" E PV4 4' F-A.S 44t114 1401\VE14 s' S ci '14, 4. Q9 v144, W Tdib, (I) // 6474 % jolit 44,v6.._ SITf- c'ciit, C\ /0 ' itti cyo 0 ,0 \,>-- ilb,v (-1 )F. , , ,, \o 4* I/ . _11.A , , -4 %visit ..a trA . , I Ars 0. I • ow --... - co\ Salem Road Sidewalk At A , 1....51111111111111`--v - , \. )• ii* 4 ---- 41111r0h --'k 7 J 6 • 41111k 1\ _---- , tit/ muidaiiii OS 4 r "I 4' igirilln. 1#4110,111r1''''' & 10*A10111, ..„ Luz, •_ \' !... , e\- -,.. „ 41 i , \ \ SALEM Ji 1 Irl, i iiiiii "'IV' LAI- .......,S , F/ 0, -4 III . -WARE-NECK DR Ill L4j- 0 N-22 it cr ' - 1 1 —KIWAN IS CT 1 , i.i TO 1 -1-p‘i-z\,N 0 0 , v \‘-''\ AI , , m , _ , . ,., S - , , LOCATION MAP ,) sTIL liniania' : - Salem Road Si ____-_ dewalk From Salem Lakes Boulevard To Rock Lake Loop -- , Feet , 1 1 ins Prepared by P.W./Eng/Eng.Srt...,sivi.- 0 —I- 250 500 1,000 `�o�� W E z ' REEK s cp 1 D SITE I,l', z k s. 0 — - \ , , , U' Y C 5' Concrete Sidewalk ADAM KEELING RD. - -,_____ •o w � , ti, z LN c --\N100`) ° ' m G U) 4 Z -1 \\) /NN ) \ 4 \________________ LOCATION MAP WEST GREAT NECK ROAD SIDEWALK i Feet 0 epare• •y P.W./Eng./Eng. ' pport Services Bureau 09/25/2014 / 200 400 800 x\t.Ann\Prniprts\ARC;Files\AGENDA MAPS\West Great Neck Rd Sidewalk\W Neck Rd Sidewalk Portrait.mxd 1 ti Rp RpC 4, i w_�— E itivio ,, i -/- � �'o � yFt� � �` yF F F� at , -i� RD �, gRGy' 1 -ii, \ ill/ 4,ita I�o ASE CK Z PRo�,o HEM-'p` ' /1 a gift* S�T• FyceRo / ! FERRELL PW .m.. till. III � V s T 4I. J p�Mti _O 7 1,6,''')cr o 1...k..., lly Aril -co / j " wgi , . 1 N Providence itiv* *ph - io , �;- /fit.,, q 4pe - O` e gUGy, IIM iii x=4 M °�' / R yV �� M Pl1cE 1 qN°I RCHI�� CT 1 111111411,11111.1.1111111 so._ RD R _ A--wittif —iiiii —iftit ilk.re•.1 Iv wittily,, wit/tr.&4w*1& f lit&wffilit&vlifiiiik • 1 ' if if • A f, ' A r , 1**4 r 4 i tit* Witi4 pt 4 .41 t_i iliwg0i , itivirsibittitiir,,44% , Mi __________ NOFN R O *if* 14 ritrit; Ilk iii. - ji,A.t strtAb lit glaisitilia ISIAM°r ,W Wil° 4Wift. ir 1111 a 1 L._--"1 r W AIP g ' ' ' E Wilir ' ilt*Ii.„,* oit , it,__... 4„„.„,,, Ahhi. ii.. . wiL mi.. ...wwWis IR iri. Milk r M /1°01/1/417417,4* wort, "El ta _w,../1,4, , , 4y R4 0* * 4/4, Ah, a rill, 4C? / Ariin • 4. Sti W.il&W*Ig * • ' 7 Wi4rier S TR,gTF p ll%IFg0 �. R w -06,_ go to T�NF Ii lip- q �F® p/,'lit* * t*Aip, ; Alai, Air Q 0 q4, 4rw S / alp 0* .4 41,0,iraf jj- --:" O8 N NI . N " Z <qNG SToNR LOCATION MAP �• • �(C Providence Road Sidewalk moi Feet i* 41*/*/* * 0 250 500 1,000 -171p#-------------ereti•1a. '. i/E�fig./ a Sup.o�. re:u a i 1, ''/.,,;,— ..._.__.. ,...r.�.... .nn r,n,rver e,rnn r....-1................+A•�....L....e..f \D.n,.irlcnno Pd Cider n,ollr.mvrV I—; NINA DR , IRGINIABEACH ;LVD _ �,,...., D i F lit W.. i S � E ' IAR�1APINTA LN U I-264 ' J ' Rte: w Iir PtACE �W�� SITE w v 1 _ pC N , pi, ,- -9 W 1 qNo ;�� , �Np�D �� - , Independence Boulevard/ Oz - 1 Baxter Road Sidewalk 4t+41*411 *44* a , O 11104• 40tt, 441* t 11. W - . Q � I l � i % SOUTH BLVD = �C� v i I, 7 V ',1 GF DOLTON.DR ,\&. 5 N ' low „N , _ Qv 26g S��C' ,, .ti G� • oo �p� �cc. ,s‹<,q- LOCATION MAP �� I4 4ndependence Boulevard/ s; Baxter Road Sidewalk 0 �' 's 'A Feet Prepared by P. p /Eng.Suppo '.ervices B e. 10/2A 0 250 500 1'000 -55- Item -VI-I.5 ORDINANCES/RESOLUTIONS ITEM#65317 Councilman Moss made a motion to AMEND the Capital Improvement Program and FY 2016 Operating Budget and ESTABLISH a Mitigation account re Light Rail, Motion LOST for the lack of a Second. October 20, 2015 -56- Item -VI-I.6 ORDINANCES/RESOLUTIONS ITEM#65318 Upon motion by Council Lady Ross-Hammond, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to DECLARE 704 Hampshire Lane as EXCESS PROPERTY and AUTHORIZE the City Manager to EXECUTE the necessary documents to convey same to the African American Cultural Center,Inc. 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 ** Council Lady Ross-Hammond DISCLOSED she is an unpaid Volunteer for the African American Cultural Center, Inc. The City Attorney has advised that she DOES NOT have a CONFLICT in voting on this item even though she is the Project Director of the Center. October 20, 2015 1 AN ORDINANCE 1) DECLARING CITY-OWNED 2 PROPERTY IN EXCESS OF THE CITY'S NEEDS AND 3 AUTHORIZING CONVEYANCE OF SAME TO THE 4 AFRICAN AMERICAN CULTURAL CENTER, INC. UPON 5 SATISFACTION OF CERTAIN REQUIREMENTS, AND 2) 6 AUTHORIZING THE CITY MANAGER TO EXECUTE A 7 NON-BINDING MEMORANDUM OF UNDERSTANDING 8 BETWEEN THE CITY OF VIRGINIA BEACH AND THE 9 AFRICAN AMERICAN CULTURAL CENTER, INC. 10 11 WHEREAS, the African American Cultural Center, Inc., a Virginia non-stock 12 corporation (the "AACC") plans to build and develop an African American Cultural 13 Center (the "Cultural Center"); 14 15 WHEREAS, the Cultural Center would provide a place for residents and tourists 16 to learn about African-American culture and history, as well as serve as another tourist 17 destination in the City of Virginia Beach (the "City"); 18 19 WHEREAS, the City owns 4.8+/- acres of property located at 704 Hampshire 20 Lane (GPINs: 1468-42-1766 and 1468-32-9552) (the "Property"); 21 22 WHEREAS, the Property is currently the site of Lake Edward Park, a densely 23 treed site that is unimproved except for several basketball courts; 24 25 WHEREAS, the AACC has approached the City about dedicating the Property for 26 the site of the Cultural Center; 27 28 WHEREAS, City staff and representatives of the AACC have developed a 29 Memorandum of Understanding ("MOU") setting forth the duties and obligations of each 30 party; 31 32 WHEREAS, the City would retain a public easement over the Property (excluding 33 the improvements owned by the AACC) for the benefit of the general public; and 34 35 WHEREAS, the document conveying the Property to the AACC would contain a 36 provision wherein the Property would revert back to the City if the AACC is unable to 37 meet certain terms and conditions. 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 1. That the City-owned property consisting of 4.8+/- acres (GPINs: 1468-42- 43 1766 and 1468-32-9552) (the "Property") is hereby declared to be in excess of the 44 needs of the City of Virginia Beach. 45 2. That City Council authorizes the conveyance of the Property to the African 46 American Cultural Center, Inc. ("AACC"), so long as certain terms and conditions, as set 47 forth in the Summary of Terms, attached hereto as Exhibit A and made a part hereof, 48 have been met by the AACC. 49 50 3. That the City Manager, or his designee, is hereby authorized to execute 51 the Memorandum of Understanding, and any and all other documents pertaining to the 52 AACC that are necessary to complete the transaction contemplated herein, including 53 but not limited to a Deed of Dedication and Development Agreement, so long as the 54 documents are consistent with the Summary of Terms and contain such terms, 55 conditions and modifications as may be acceptable to the City Manager and in a form 56 deemed satisfactory by the City Attorney. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia on the 20thday 59 of October , 2015. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL Approved as to Content: Approved as to Legal Sufficiency: ra egic Gror 'Area Offi.- City Attorney's Office I CA13447 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\D002\P006\0003391 I.DOC R-1 October 8, 2015 2 EXHIBIT A SUMMARY OF TERMS Non-Binding Memorandum of Understanding ("MOU") Between the City of Virginia Beach and the African American Cultural Center, Inc. Parties: City of Virginia Beach (the "City") and the African American Cultural Center, Inc., a Virginia non-stock, non-profit Corporation ("AACC") Property: 4.8+/- acres of City-owned property, located at 704 Hampshire Lane near the intersection of Newtown and Diamond Springs Roads (GPINs: 1468-42-1766 and 1468-32-9552) Purpose: Outline the general terms and conditions of the proposed conveyance of the Property to AACC for the construction and development of an African American Cultural Center (the "Cultural Center") Rights and Responsibilities of the AACC: • Accept the conveyance of the Property, upon satisfaction of the terms and conditions set forth in the MOU, for the sole purpose of operating the Cultural Center. • Bear all costs associated with design, development, construction, operation and maintenance of the Cultural Center, which will consist of an approximate 25,000 sq. ft. building, including a museum, rotunda hall and multipurpose classrooms. • Preserve reasonable amounts of open space and existing trees in the development of the Property, and include outdoor event space and walking trails. • Obtain all necessary permits and approvals to be in compliance with any applicable building, zoning and environmental laws and regulations. • Engage in fund-raising efforts to fund construction costs, operating expenses and ongoing maintenance of the Cultural Center. • Operate the Cultural Center in a manner compatible with the adjacent and nearby City recreation center and schools. • Coordinate with City's Parks & Recreation Department and Virginia Beach Public Schools to determine the Cultural Center programs, promotional planning, and curriculum. Page 1 of 3 • Commence construction of the Cultural Center improvements within five (5) years after full execution of this MOU, and complete construction within seven (7) years after full execution of this MOU. • Include a City representative as an ex officio non-voting member of the AACC Executive Board of Directors. • Provide all insurance that may be necessary for the protection of the Cultural Center and the Property, all improvements and invitees. • Pay all taxes, if any, associated with operation of the Cultural Center and the Property. Rights and Responsibilities of the City: • Convey the Property to AACC, for the sole purpose of constructing and operating the Cultural Center, upon the AACC's demonstration of its ability to meet certain conditions to be specified in the Development Agreement ("Conditions") to the satisfaction of the City Manager. Require Conditions that include, but not be limited to: (i) submittal of a pro forma and/or operating plan, outlining the provisions for development and sustainability of the Cultural Center; (ii) provide to City proof of adequate capital funding to build and operate the Cultural Center, including bona fide pledges, donations, and loan commitment(s) from an authorized bank, lending institution and/or other verifiable funding sources. • Include a reverter provision in the deed of conveyance whereby the Property will revert to the City in the event of nonperformance by AACC of the covenants and warranties to be made by AACC in the Development Agreement. • Retain and maintain a public easement over the Property, excluding any buildings and improvements owned by AACC, for the use and enjoyment of the general public. • Rehabilitate or relocate the existing basketball courts, as determined during the site planning process. • Collaborate with AACC's Executive Board and Community Board, as requested by AACC, to provide preliminary design and site concepts for the development of the Cultural Center through the Departments of Parks and Recreation and Economic Development. Page 2 of 3 • Provide a survey or exhibit sufficient to identify the Property. • Collaborate with AACC, as requested by AACC, regarding programming, curriculum and promotion of the Cultural Center and furthering the mutually compatible joint use of the Cultural Center. Reciprocal Provisions: • The City and AACC will work together in good faith to negotiate and enter into a binding agreement that will outline the specific duties and obligations of the parties based on the MOU (the "Development Agreement"). • The City and AACC will be acting in an individual capacity and not as agents, employees, partners or joint venturers, or associates of one another. • Neither party shall have any liability with respect to any financial obligations incurred by the other party. • Either party may terminate the MOU for cause by giving thirty (30) days' written notice to the other party specifying the breach or default. Page 3 of 3 , 1 , 1 , . .„... . ...• . ,. - ..., -, .,, . , . , , - 7:5 Z -% ,,, , - ,.. ,,.. '- -- -- ' '..." 7. 0 lb , , ... ,,. 1-% oo 'z I „ m A to m VI .-:-, cn VI .-4 ..... 1,j ,.., "., i T ... ..e- s. ..p. , , (.›. ..- .. ......_ ., .:. 4:,x.- , _...... . _ ... sr 11 ' , rn 0 .,,, SC) 321111 184/1410 , , . 0 L . , r , Z , . ., . . . . . ._ /.4, /4' -0 -0 - ..t, -, .. ,*.-. . 0 i•A 41+7,"41L 7:t5' X • 411 o . , , :--`",) NJ ...b ; -. > 1 ,,-,, ••••1 (DC --• , ...e_ , 1= , . (GAS Li GH I i.A. 4-- .. „ . :4 .,.•., '?? . , -57- Item -VI-L7 ORDINANCES/RESOLUTIONS ITEM#65319 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE 2750 Elbow Road as EXCESS PROPERTY and AUTHORIZE dedication to the City of Chesapeake 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 October 20, 2015 1 AN ORDINANCE DECLARING A PORTION 2 OF CITY-OWNED PROPERTY LOCATED AT 3 2750 ELBOW ROAD IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING THE 5 CITY MANAGER TO DEDICATE THE 6 PROPERTY TO THE CITY OF CHESAPEAKE 7 FOR ROAD IMPROVEMENTS 8 9 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land located 10 at 2750 Elbow Road in the City of Chesapeake ("Chesapeake") containing 11 approximately 384 acres, and known as the Stumpy Lake property (the "Property"); 12 13 WHEREAS, Chesapeake has undertaken a ditch and road improvement project 14 known as the Elbow Road Ditch and Shoulder Improvements Project (the "Project"); 15 16 WHEREAS, Chesapeake needs to acquire a 4,202 sq. ft. portion of the Property 17 for right-of-way improvements and 288 sq. ft. of the Property for a temporary 18 construction easement in connection with the Project; and 19 20 WHEREAS, because the Project will improve the safety of the general public, the 21 City Council finds that it is in the best interest of the City to dedicate the necessary right 22 of way and easement areas to Chesapeake for the Project. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. That 4,202 sq. ft. for right-of-way and 288 sq. ft. for a temporary 28 construction easement of City-owned property are hereby declared to be in excess of the 29 needs of the City of Virginia Beach. 30 31 2. That City Council authorizes the dedication of 4,202 sq. ft. of property for 32 right-of-way improvements, together with 288 sq. ft. of property for a temporary 33 construction easement, as shown on Exhibit A, attached hereto and made a part hereof, 34 to the City of Chesapeake. 35 36 3. That the City Manager, or his designee, is hereby authorized to execute 37 any and all documents necessary to complete the conveyance of said property, so long 38 as the documents are in substantial conformity with the Summary of Terms attached 39 hereto as Exhibit B, and made a part hereof, and such other terms, conditions or 40 modifications as may be acceptable to the City Manager and in a form deemed 41 satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day 44 of October , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ��a1-11-atild 9 GO/4-1-6,vd Public Works / Real EstatetDt izl lc City Attorney CA13453 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D004\P017\00114016.DOC R-1 October 8, 2015 EXHIBIT B SUMMARY OF TERMS Declare Excess and Dedicate City-Owned Property to the City of Chesapeake Grantor: City of Virginia Beach (the "City") Grantee: City of Chesapeake ("Chesapeake") Project: Chesapeake's Elbow Road Ditch & Shoulder Improvements Property to be Dedicated: Portion of 2750 Elbow Road, Chesapeake, Virginia, consisting of 4,202 sq. ft. (0.097 acre)for right-of-way and 288 sq. ft. (0.007 acre)for a temporary construction easement ("Excess Property") • The City will dedicate the Excess Property to Chesapeake for purposes of constructing the Project. • Chesapeake will replace the existing wooden guardrail along Elbow Road installed pursuant to the Mutual Right of Entry Agreement dated September 19, 2012, to substantially the same condition as existed prior to the Project. • Chesapeake will restore the temporary construction easement area to substantially the same condition as prior to the Project. • The temporary construction easement will terminate when Chesapeake completes construction of the Project. 1 1 ' I .,. ..--•-- 'i.,-,....- . -4 tit' , l• 4.1 az ta I. %. i— \ il,`41. ,••':‘;'",,,o 4 C • X ••% •'t 'At, $4'''' ''. ,, : ll 42 ' vt s i' N P , ,.s: ‘1, 1k74't • tIP it 0 % ' l''''' 'A F' 1% NA' 1 i N ".• i:III i i" lig$giitqpi 11111, .i, 1 • i a .." A..- hl°6 gi .s..,, 5 .. „lir ; 3 2 1 Q 5 .; i , ,,,-• ,, .. . *4 .{.. e. 4 \ ' •-- _. /- i I RV iii \ ,114, ttv, „nri. ,, I.,. f. tt,i,,,„4 : g,:n.•: ,..,•.,.. ,! 4 , , . 4 •0,.•••••••,•0 1 i I rO i ..1,A 4 ''''i —-, -h ' , .44;411,, • . („ 0 ,'• ,•-•IL ' 01 ife." ii 11 ..g.s -IA '', % R c 2 p. .1...,—.— \(,.‘ it.. 'TA e1aIIl"li°y, . a1.,"-,. i7.t.x1P1.-• ?..0 , hlt• ! < . t44.4iVtPl .tg ..Ki 11, . I ci- in co $ : ' ig •••, i oo .4 •jk ... c0 *, '‘'1'‘ gilt ,, . .t 14 •lI4 — w 4 44 4 • 4 E , 1 .,.. . cu X \ 0.. „ 1 — co 6. , __Lf;. 4 . i 1-- -i U.1 .s..‘ i Vit;! ci. 0 $,... -,.., #, 47; IN. '..\\ ; 0 2 Z ' ry ,,.. • 41n.,i, Ciay . eft; N. N„,....., it's 4. ‘ '""liteurt•Oe_ik,v47 >. 8 .r9t7e '•'-• 4-144. I 4*1'4•4:4 A(4‘ #'' -,!•'''' 4.-. i... 9 0 )4 . Q. I I ire a° -= el 1,.. „ . .y4.1 •R... / ''''‘‘'SS,„16'.a. 4...) tA l"" , • , .. ! 1 -,3 -a . 4. ,t. in in 4 Wgp. 41.7,; I ••- '. -- .-• L' I 0 0 , .., 4 Om t .1 • •'' !: / çg lea.",.s.„ el -i I G. 0. •.° ., ,. I- 2 ..,' '41.- r , #-4..,„., J rj I-, 1 11 ii - I ii 1 '+:7•7;:i ' A 2,t ni.c :. Ir4 _ . i.,,s, ii l'-' •i ' lx, A 5:11. 'ir I -:-: il 1 ,„1 , I ' A ii• 7 - .;„..i-, ' -4N 1 lir . •" i'd) "''' a) :" , -P. 1 1 L I , . 0.4 .1 s ( ,I I. •4:4..! .V.'" t',f, t V ,) '';: 'a '-- „t Y 144 • Tao .4 --. 4 ..4.7: 4 ,fli . •-•e; ,1; -2...,-...• .... v. i • A.,* .. If.ta -i rar Lt y 1 t .. 1:13 •c14 EPI• ,- V •P'''..' 'I‘.j • i,A r r i ,„ • tn.' id ''(.1 .74` '- --5 5 * )..5' .,-;i)A k' 4J ,p., .. „ b••• -OE 2 ,,,- 4 We , , , i,c3 w„., 5 11, v4 3.xi LI Ti A , 1 ii il .141, us 'w. .•,,, 1/33ce ,,t ,‘''- I,tti .711,14 i-,y * ' 1 1 -58- Item-VI-L8 ORDINANCES/RESOLUTIONS ITEM#65320 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to APPOINT Kathleen A. Keifer as Assistant City Attorney, effective October 22, 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 October 20, 2015 di 1 A RESOLUTION APPOINTING KATHLEEN A. KEFFER TO 2 THE POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to§2-166 of the City Code, Kathleen A. Keffer is hereby appointed to 8 the position of Assistant City Attorney, effective October 22, 2015. 9 10bAdopted by the Council of the City of Virginia Beach, Virginia, on the 20thday of 11 Octo er 2015. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: t,._ a. City Attorney's Office CA13510 R-1 October 12, 2015 -59- Item -VI-L9 ORDINANCES/RESOLUTIONS ITEM#65321 Mayor Sessoms advised he is forced to leave as he is already late to a meeting in Richmond and is turning the meeting over to Vice Mayor Jones. The following individuals registered to speak: Eddie Bourdon, representing Mr. and Mrs. Lyon, who built their home and reside at 1700 River Court. Mr. Bourdon advised he has provided a package of documents to City Council that are on file in the City Clerk's Office, specifically, a Petition from the neighborhood in support of the request; the Staff Report dated June 20, 2007; the CBPA Variance approved June 2007;Building Permit dated February 15, 2010, the Inspection Record dated July 31, 2012; three (3) photos taken the first of May 2012 during construction of the home; one (1) additional photo of the home as it looks today; and a seven (7)page Landscape Buffer Plan dated October 6, 2009. This road is not the "typical" road seen in most of the higher density subdivisions. This property was platted in 1951 and, like many other streets platted around the same time, the improved public road stops well short of the platted and unimproved road. In 1990, the City Council adopted the Chesapeake Bay Preservation Area Ordinance to preserve and restore the resource protection area and the fifty (50) foot seaward portion adjacent to tributaries adjacent to the Chesapeake Bay was an attempt to protect and improve the water quality of the Lynnhaven River. Once the Lyons' received notice, they removed a large portion of their landscaping and a portion of their fence in order to create space for the small school bus to maneuver a three point turn around required for the Woodard's medically handicapped daughter. The applicants did not object to or oppose the Woodard's CBPA Variance application for their new home. The City Staff has thoroughly reviewed this request and recommended approval, subject to the terms and conditions of the Encroachment Agreement, and request City Council approve this application. This type of request is not unique and can be found throughout the entire City. Richard Schwartz, 1728 River Court, Phone: 535-3326, spoke in SUPPORT of the application. He feels that what has gone on over the past twelve (12) months must stop and allow the neighborhood to return to civility. The applicants have made more than their fair share of accommodations to help the Woodards. There is no safety hazard on the street. He asked that this be stopped prior to this escalating. Gabi Schwartz, 1728 River Court, Phone: 535-3326, spoke in SUPPORT of the application. She and her husband purchased their property nine (9) ago as it had everything they wanted in a neighborhood and is the perfect place to raise their family. Although they were sadden to see the changes being made to the cul-de-sac, they understood it was to provide a service for a young child in the neighborhood. The "dead-end" street prevents unnecessary traffic from traveling their road and does not create a safety hazard. Richard Hildreth, 1704 Catherine Court, Phone: 377-4130, spoke in SUPPORT, moved into his home in 1993 and knew the previous owner. The previous home was built in 1941 and the County did not pave the road until 1951. Safety concern has been raised but one of the neighbors donated their structure to the City for the Fire Department to practice extinguishing fires with ladder-truck, pump-truck and other various emergency vehicles being able to get to the property without any problem. Mr. Hildreth requested those individuals in attendance and in support of this application to stand and be recognized. Dana Parker, 2833 River Road, Phone: 496-0671, withdrew her name. Dr. Rosenbaum, did not respond. Joan Michaud, 1725 River Court, did not respond. October 20, 2015 -60- Item-14-19 ORDINANCES/RESOLUTIONS ITEM#65321 (Continued) William Bischoff, 3104 Pacific Avenue, #300, Phone: 416-6008, Attorney representing the Woodards, spoke in OPPOSITION. This is not a difficult decision to make since this Application is an "after-the- fact"request The applicants encroached into City property, without permission, got caught and are now asking for permission. The choices are limited and the City Council can reward this behavior and approve the applicant's request. The applicants have received special treatment by the City Staff as Mr. Hansen, Deputy City Manager, has been to the Lyons' home numerous times to create this Plan. The comments made in Mr. Hansen's memo of October 19, 2015, claiming the applicant has compromised is simply not true. The average Taxpayer does not have this type of treatment by City Staff and most have not had Mr. Hansen in their home in the Green Run, Burton Station or Seatack neighborhoods. That is one choice City Council has, or the City can abide by the law and be fair. Mr. Byron Woodard, 1708 River Court, Phone: 234-2604, spoke in OPPOSITION and advised he is here on behalf of his family. As City Council knows, the laws are meant to protect every citizen, not just a select few and the government is put in place to enforce the laws. The encroachment is over 2,500 square feet constructed so without a permit and in violation of the approved Site Plan of the property. In fact, the City Code states a violation of any provision shall constitute as a Class 3 Misdemeanor. As an example, approximately one (1) month ago his contractor made a mistake and placed a ten (10)foot section of fencing in the City's right-of-way and he immediately received a letter from the Zoning Department giving him thirty (30) days to move the fence. Mr. Woodard, being a law-abiding citizen, removed the fence within two days. Mr. Hansen did not come to his home and spend several hours discussing ways to resolve the issue. He questioned the "special treatment"of the Lyons'by City Staff Commander Henry P. Pierce, IV, US Navy, 1012 Kenelm Court, Phone: 615-4159, advised he is a resident of nine (9)years. He recently assumed Command for the Center of Surface Combat Systems and spoke in OPPOSITION to the application. Commander Pierce is disheartened by the on-going negative treatment by the neighborhood toward the Woodard family. He is wondering why City Council is wasting their time and Taxpayers money considering an Encroachment application for someone that has broken the law. He feels the Lyons should be fined,forced to remove the encroachment and pay for the property to be restored back to its original state of the road. Reverend Doctor E. Ray Cox, 395 Old Great Neck Road, Phone: 486-4541, did not respond. Dr. James Allen, 395 Old Great Neck Road, Phone: 449-8322, Associate Pastor of New Hope Baptist Church and Social Action Coordinator for the Virginia Beach Minister's Conference, representing twenty-or—so churches stated he was speaking for Reverend Cox. A multitude of reasons are of concern to him regarding the application. Should the City Council approve this application, it could place undue financial burden on the City and it's already tight Budget. The failure of the City Council to uphold the law and ensure the Woodard family can receive emergency services and proper transportation for their children could result in unnecessary civil action and cost the City 'Millions of tax dollars that should not be spent on citizens that break the law. The appearance of the elected officials turning a "blind-eye"and a "deaf-ear" is also concerning. Citizens have every right to believe and expect that the law will be upheld for every citizen with no special treatment or consideration for a select few. There is also concern for the precedent the City Council will set if the application is approved. Mr. Bourdon advised that when the Applicants applied for their permits, what was there now was approved by the City. No one is trying to "get away" with anything and, in fact, they are enhancing the streetscape and property with landscaping. This is not a public park but excess City property. October 20, 2015 • -61- Item-VI-L9 ORDINANCES/RESOLUTIONS ITEM#65321 (Continued) Upon motion by Councilman Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way to install landscaping, irrigation, columns, gates and fencing at 1700 River Court in behalf of GEORGE P. JR. and JOYCE P. LYON DISTRICT 5-LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way to install landscaping, irrigation, columns, gates and fencing at 1700 River Court in behalf of GEORGE P. JR. and JOYCE P. LYON(GPIN 1499404232)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. Nothing within the Agreement shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity. Grantee shall bear all costs and expenses of such removal. 2. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee. The Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees,from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 4. It is further expressly understood and agreed that nothing herein contained in the Agreement shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specked herein; and, to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 5. It is further expressly understood that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 6. It is further expressly understood and agreed that the Grantee must submit and have approved a Traffic Control Plan before commencing work in the Encroachment Area. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 8. It is further expressly understood and agreed that prior to the issuance of a Right-Of- Way/Utility Easement Permit, the Grantee must post a bond or other security, in the amount of two (2) times their Engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. October 20, 2015 -62- Item -VI-L9 ORDINANCES/RESOLUTIONS ITEM#65321 (Continued) 9. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 10. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered Professional Engineer or a Licensed Land Surveyor, and/or "as built"plans of the Temporary Encroachment sealed by a registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. II. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of October, Two Thousand Fifteen. Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Amelia N. Ross-Hammond Council Members Absent: Mayor William D. Sessoms, Jr. October 20, 2015 1 AN ORDINANCE TO AUTHORIZE TEMPORARY 2 ENCROACHMENTS INTO A PORTION OF CITY 3 RIGHT-OF-WAY KNOWN AS RIVER COURT 4 ADJACENT TO 1700 RIVER COURT BY 5 GEORGE P. LYON, JR. AND JOYCE P. LYON 6 7 WHEREAS, George P. Lyon, Jr. and Joyce P. Lyon desire to encroach into a 8 portion of the City's right-of-way known as River Court, adjacent to their property 9 located at 1700 River Court, to allow for existing and/or the installation of pavers, 10 landscaping, an irrigation system, columns, gates and aluminum fencing with an 11 associated electrical system (the "Temporary Encroachments"); 12 13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 15 City's right-of-way subject to such terms and conditions as Council may prescribe. 16 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, George P. Lyon, Jr. and 22 Joyce P. Lyon, their heirs, assigns and successors in title, are authorized to install and 23 maintain the Temporary Encroachments in the City's right-of-way as shown on the map 24 marked "Exhibit A" and entitled "ENCROACHMENT AGREEMENT LOT 'Y', 25 RESUBDIVISION OF A PARCEL DESIGNATED AS "1.2 +/- AC." AS SHOWN ON 26 PLAT ENTITLED "PROPERTY OF EMMA F. BRAITHWAITE" (M.B. 54, PG. 12) AND 27 "SITE B, 1.9 +/- Ac." AS SHOWN ON PLAT ENTITLED "PROPERTY OF BRECK- 28 EGGLESTON & BRAITHWAITE" (M.B. 27, PG. 51) MAP BOOK 278, PAGE 53", Scale 29 1"=20', dated October 12, 2015 prepared by American Engineering Associates — 30 Southeast, P.A., a copy of which is attached hereto and incorporated herein; 31 32 BE IT FURTHER ORDAINED, that the Temporary Encroachments are expressly 33 subject to those terms, conditions and criteria contained in the Agreement between the 34 City of Virginia Beach and George P. Lyon, Jr. and Joyce P. Lyon (the "Agreement"), an 35 unexecuted copy of which has been presented to the Council in its agenda, and 36 subsequent to execution will be recorded among the records of the Clerk's Office of the 37 Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as George P. Lyon, Jr. and Joyce P. Lyon and the City Manager or his authorized 44 designee execute the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 O t 1-llay 47 of October , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: % • Lua4 witazovi) PUBLIC WORKS, REAL ESTAT CITY ATTORNEY 10112-//5 CA13450 R-1 October 12, 2015 V X W E Mz II NI- No co 61 t0 Z o W'1 reO g l - C ii r C G: g o ar 15 O LL o g • N o d CM v Q ; L I X 4 2o2o 1o_ ��/I/� il U4 . ami OvCa o I .-' =O O t �;r o IIII L •— ti \--, % O L 0• d I C O L d h t v co L• = u-) C.)• V o N Wa O coCC m ,N 7 m N N U Z N .O O fl_ o PI 0.2. 07 W_ 4I\ m C W>_ W a T c....1.5 A E.)m a a PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 12th day of October, 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GEORGE P. LYON, JR. AND JOYCE P. LYON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT Y"; as shown on that certain plat entitled: "RESUBDIVISION OF A PARCEL DESIGNATED AS "1.2± Ac." AS SHOWN ON PLAT ENTITLED "PROPERTY OF EMMA F. BRAITHWAITE" (M.B. 54, Pg. 12) and "SITE B, 1.9± Ac." AS SHOWN ON PLAT ENTITLED "PROPERTY OF BRECK-EGGLESTON & BRAITHWAITE" (M.B. 27, Pg. 51) VIRGINIA BEACH, VIRGINIA", Scale: 1' = 40', dated: June 9, 1999, prepared by Lee S. Rood, P.C., said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 278, at Pages 53 and 54, and being further designated, known, and described as 1700 River Court, Virginia Beach, Virginia 23454; GPIN: (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) GPIN 1499-40-4232; (1700 River Court) WHEREAS, it is proposed by the Grantee to construct and maintain pavers, landscaping and fencing with an associated electrical system and maintain existing landscaping, columns, gates, fencing and an irrigation system, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as River Court, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT AGREEMENT LOT 'Y', RESUBDIVISION OF A PARCEL DESIGNATED AS "1.2 +/- AC." AS SHOWN ON PLAT ENTITLED "PROPERTY OF EMMA F. BRAITHWAITE" (M.B. 54, PG. 12) AND "SITE B, 1.9 +/- Ac." AS SHOWN ON PLAT ENTITLED "PROPERTY OF BRECK-EGGLESTON & BRAITHWAITE" (M.B. 27, PG. 51) MAP BOOK 278, PAGE 53", Scale 1"=20', dated October 12, 2015 prepared by American Engineering Associates — Southeast, P.A.," a copy of which is attached 2 hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required 4 by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, GEORGE P. LYON, JR. and JOYCE P. LYON, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 I i i ;'1 By f U GEsOR P. LYON, JR., B J• r _' .,. LYON, Omer STATE OF VIRGINIA CI'T'Y/ 1V OF VIRGINIA BEACH , to-wit: The foregoing instrument was acknowledged before me this 12th day of October , 2015, by GEORGE P. LYON, JR. -)77e446(SEAL) Notary Public ........... f ,i Notary Registration Number: 192528 03 %ilk_ O My Commission Expires: August 31 , 2018 • et LIG •' �III.... 44' STATE OF VIRGINIA CITY/ NOF VIRGINIA BEACH The foregoing instrument was acknowledged before me this 12th day of October , 2015, by JOYCE P. LYON. y y _ 6)(1.(/lO(SEAL) Notary Public Notary Registration Number: 192528PR• H. ,j, ., _�A G0*M04 0 My Commission Expires: August 31 , 2018 :Q ) 0 ltiit v$ 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM Lwo q. um,d--60q) allAILCk11* SIGNATURE CITY ATTORNEY 4E315 PUBLIC WORKS / REAL ESTATE DEPARTMENT/ DIVISION 8 i 1 I 0 20 40 60 I NOW OR FORMERLY tn I GRIFFIN I I 1717 RIVER COURT a IGPIN 1499-40-5540-0000 A$ o^p' _ I N 1 R ` 14 0 W11 II c I � 1, 1 Q I ' Nc ' J I\ 'a I \S67._ NOW OR FORMERLY „ I)--W .... 9 WOODARD I 13 O ?3?SO',•` 1708 RIVER COURT IGI 3 ►.1 GPIN 1499-40-2453-0000 �t c PARTIAL COLUM 1 ` \ �'4. ENCROACHMENT in UNDERGROUND O 1 z�,` ELECTRIC CONDUIT I PROPOSED/RELOCATED UNDERGROUND 4'ALUMIN - FENCE IRRIGATION iii4k RIG T OF WAY RIGHT OF WAY COM'UTED VIA COMPUTED VIA MB 27, -G 51 MB 27, PG 51 / ****110,414. 411.�� P all 4. 4, 04 N II w �1 A 4 I UNDERG'•UND Q,I c �°� �,�,,, ? C , W FOR GACONTRTE. IRE 0 0 0 gym,.iat. RELOCATED/'ROPOSED EXISTING GATE # 4, 4141 +� ►� i O LANDSCAPIN' & COLUMN `� iris��,� a . EXISTING G ATE N87° 56'05"E 87.75'O.A._ _ .� , �!',�' & COLUM EXISTING 'TER& RELOCATED/PROPOSED SEWER .'TERALS LANDSCAPING NOTE EXISTING/RELOCATED e •"= P. &JOYCE P. LYO BEARINGS AND 4'ALUMINUM FENCE 1700 VER COURT DISTANCES SHOWN GPIN 149'-40-4232-0000 HEREON WERE TAKEN EXHIBIT "A” REFERENCE PLAT OF REFERENCE(MB 278, PG 53). THIS EXHIBIT DOES ENCROACHMENT AGREEMENT NOT I BOUNDARYSURVECONSTTUTER Y LOT'Y' , RESUBDIVISION OF A PARCEL DESIGNATED AS "1.2 +/- AC."AS SHOWN ON PLAT ENTITLED "PROPERTY OF EMMA AC F. BRAITHWAITE" (M.B. 54, PG. 12) AND "SITE B, 1.9 +/- Ac." Scale 1"=20' Sheet AMERICAN AS SHOWN ON PLAT ENTITLED "PROPERTY OF Date 10/12/2015 1 Engineering BRECK-EGGLESTON & BRAITHWAITE"p (M.B. 27, PG. 51) Project# V15139.01 of American Engineering Associates-Southeast,PA. MAP BOOK 278,8, PAGE 53 Drawn CAD — Check 5MW 3351 Stoneshore Road I Suhe 100 Client George Lyon Virginia Beach,Virginia 23452 (757)468-6800 VIRGINIA BEACH VIRGINIA Project 1700 River Court I I I -63- Item -VI-LlOa/b ORDINANCES/RESOLUTIONS ITEM#65322 Upon motion by Vice Mayor Jones, ,seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $419,610 to the Sheriff re horizontal compression adjustments for Deputies: a. $104,924 from Sheriff's Reserve for Contingencies b. $314,686 from the current year's General Fund Compression Reserve 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 October 20, 2015 1 AN ORDINANCE TO TRANSFER FUNDS TO THE 2 SHERIFF'S OFFICE TO PROVIDE HORIZONTAL 3 COMPRESSION ADJUSTMENTS FOR SHERIFF'S 4 DEPUTIES 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 1. That $104,924 is hereby transferred from the Reserve for Contingencies in 10 the Sheriff's Office Special Revenue Fund to the Operating Budget of the Sheriff's 11 Office for horizontal compression adjustments for Sheriff's Deputies; and 12 13 2. That $314,686 is hereby transferred from the General Fund Compression 14 Reserve to the Operating Budget of the Sheriff's Office for horizontal compression 15 adjustments for Sheriff's Deputies. Ad�pted by the Council of the City of Virginia Beach, Virginia on the 20th day of Octo er , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I / AAS Budget and Management Services City Attor ice CA13496 R-1 October 7, 2015 -64- Item—VI-J NO ACTION ITEM#65323 1. LARAE TUCKER and PP&P, LLC for a Conditional Use Permit re an auto service at 3001 Silina Drive DISTRICT 6—BEACH This item was advertised in advance and approved on October 6, 2015. October 20, 2015 -65- Item—VI-K PLANNING ITEM#65324 1. SHIP CABIN CLUB,INC. ENLARGEMENT OF NONCONFORMING USE 2. PI TELECOM INFRASTRUCTURE T,LLC CONDITIONAL USE PERMIT 3. LARAE TICKER CONDITIONAL USE PERMIT 4. WAL-MART REAL ESTATE BUSINESS TRUST CONDITIONAL USE PERMIT 5.HOLLOMON BROWN FUNDER HOME,INC. CONDITINAL CHANGE OF ZONING 6. CCW DEVELOPMENT ASSOCIATES CONDITIONAL CHANGE OF ZONING ITEM#2 WILL BE CONSIDERED SEPARTEL Y VICE MAYOR JONES WILL ABSTAIN ON ITEM#5 COUNCILMAN WOOD WILL ABSTAIN ON ITEM#5 MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 October 20, 2015 -66- Item -VI-K PLANNING ITEM#65325 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Items 1, 3, 4, 5(VICE MAYOR JONES and COUNCILMAN WOOD ABSTAINED) and 6 (MAYOR SESSOMS ABSTAINED) of the PLANNING AGENDA. 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 October 20, 2015 -67- Item—VI-K.1 PLANNING ITEM#65326 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of SHIP CABIN CLUB, INC. and RED HEAD REALTY CORPORATION for the enlargement of a Nonconforming Use at 1117 Shipps Cabin Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SHIP CABIN CLUB, INC. and RED HEAD REALTY CORPORATION for the enlargement of a Nonconforming Use at 1117 Shipps Cabin Road (GPIN 2420278988) DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. Except as modified by any other condition of this approval, or as necessary to comply with applicable City Development Ordinances and Standards or the requirements of the Joint Permit Application, the site shall be developed in substantial conformance with the submitted Site Plan entitled, "SITE PLAN OF PROPOSED BOATHOUSE & ACCESS PIERS PROJECT, APPLICANT: SHIP CABIN CLUB, 1117 SHIPPS CABIN ROAD, VIRGINIA BEACH, VA 23456," dated May 13, 2014, prepared by Marine Engineering. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. Upon approval of this application, the applicant shall obtain all necessary approvals from all applicable Federal, State and City agencies. 3. All required permits shall be obtained from the Planning Department, Permits and Inspections Division,for the work to be completed on the site. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of October, Two Thousand Fifteen. October 20, 2015 -68- Item—VI-K.1 PLANNING ITEM#65326 (Continued) 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 October 20, 2015 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 1117 SHIPPS CABIN ROAD 4 5 WHEREAS, the Ship Cabin Club, Inc., (hereinafter the "Applicant") has made 6 application to the City Council for authorization to enlarge a nonconforming use located 7 at 1117 Shipps Cabin Road in the AG-1 Agricultural District by replacing and expanding 8 piers and a boathouse at a duck hunting club; and 9 10 WHEREAS, this lot currently contains a duck hunting club, which is not an 11 allowed use in the AG-1 Agricultural District; and 12 13 WHEREAS, the use was established prior to the adoption of the applicable 14 zoning regulations and is therefore nonconforming; and 15 16 WHEREAS, the Planning Commission of the City of Virginia Beach 17 recommended approval of this application on September 9, 2015; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as enlarged, 22 will be equally appropriate or more appropriate to the zoning district than is the existing 23 use. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use of the lot, as enlarged, 29 will be equally appropriate to the district as is the existing nonconforming use under the 30 conditions of approval set forth herein below. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the enlargement of the nonconforming use is hereby authorized, upon the 36 following conditions: 37 38 1. Except as modified by any other condition of this approval or as necessary 39 to comply with applicable City development ordinances and standards or 40 the requirements of the Joint Permit Application, the site shall be 41 developed in substantial conformance with the submitted site plan entitled 42 "SITE PLAN OF PROPOSED BOATHOUSE & ACCESS PIERS 43 PROJECT, APPLICANT SHIP CABIN CLUB, 117 SHIPPS CABIN ROAD" 44 dated May 13, 2014, and prepared by Marine Engineering. Said plan has 45 been exhibited to the City Council and is on file in the City of Virginia 46 Beach Planning Department. 47 48 2. Upon approval of this application, the applicant shall obtain all necessary 49 approvals from all applicable federal, state and City agencies. 50 51 3. All required permits shall be obtained from the Planning Department, 52 Permits and Inspections Division for the work to be completed on the site. 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of October 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: d •0. ...;44 did/114#i 41401 Planning De•:rtment City Attorney's Office CA13418 R-1 September 10, 2015 2 4) ac, 7 en= D ob .....1 IC U .... E Z 1 , L. 0 %...., on c, „.. ..,..,:, < IJ _., ..... .„. , , ,, • , , .Z44kco - _ / / , / o „ CO oC....4,. .„...„. E --------_ iu th ....„..,,,,_ 1.... o ....„......_ ....... ...._ c „.., 1 _,....„ / i s / r" i r ri r I ,r A 1 1 13 / MS 0 of Ce r / C 11 co I .' U s lil - / 0. , 0. i = , i :1 lan / N i el I-I I, t-11 ... I I --,, s I"- -,,,,.. / , I—' --,.... ..„ C1 .,-......„ -,.. • LLI .., . ...,, , Z •,. -..., _., , ...._. •., Z -----, '-'-'" 4-'*1.: , .. ., ; ,' .' < . , in LIJ --,,,., 4.0 -'• , •,,,,,, A ., I --, — 4:2 -69- Item -VI-K2 PLANNING ITEM#65327 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council DEFFERED TO NOVEMBER 3, 2015: Application of PI TELECOM INFRASTRUCTURE T, LLC and JSW HOLDINGS, LLC for a Conditional Use Permit re a monopole communication tower at 2824 Princess Anne Road DISTRICT 7—PRINCESS ANNE Voting: 10-0 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• Mayor William D. Sessoms, Jr. October 20, 2015 -70- Item -VI-K.3 PLANNING ITEM#65328 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT: Application of LARAE TUCKER and MARJORIE E. HARRIS, RT for a Conditional Use Permit re an auto service at 2456 Virginia Beach Blvd DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LARAE TUCKER and MARJORIE E HARRIS, RT for a Conditional Use Permit re an auto service at 2456 Virginia Beach Blvd(GPIN 1497852236)DISTRICT 6—BEACH The following conditions shall be required: 1. The site shall be developed in substantial conformance with the submitted Plan entitled "HUTTON LANE, PRELIMINARY LAYOUT PLAN,"dated June 30, 2015, prepared by Blakeway Corp. Said Plan has been exhibited to the City Council and is on_file in the City of Virginia Beach Planning Department. 2. The buildings and the.fueling area canopy shall be devebped in substantial conformance with the submitted elevation drawings entitled "7-ELEVEN STORE 2456 VIRGIM4 BEACH BLVD., VIRGINIA BEACH, VA 23454"dated 6/25/15 and revised 8/13/15, prepared by K2M Design, Said Elevation Drawings have been exhibited to the Cly Council and are on,file in the City of Virginia Beach Planning Department. 3. Unless otherwise limited by the provisions of the Zoning Ordinance, signage for the site shall be limited to: a. DirectionalSigns b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the base brick of the building and two (2) building and/or canopy signs. c. Striping on canopy shall be limited to ten (10)feet on each side of the canopy or one-quarter (1/4) of the length of each side.Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, canopy,light poles or any other portion of the site. 4 Except as modified by any other condition of this Conditional Use Permit, or as necessary to comply with applicable City Development Ordinances and Standards. the plant materials shall be installed in substantial conformance with the Plan referenced in Condition 1 above. 5. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245(e)of theCitvZoningOrdinance. October 20, 2015 -71- Item -VI-K3 PLANNING ITEM#65328 (Continued) 6. No outdoor vending machines and/or display of merchandise shall be permitted. 7. Designated bicycle parking shall be provided at a location easily accessible to the entrance to the convenience store. 8. Any vacuum, or air pump machines, shall be screened with evergreen plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 9. Any mechanical equipment, including utiky transmission and meter boxes on the facades facing Hutton Lane and Virginia Beach Boulevard, shall be painted in the same color as the facade on which the box is mounted (to the extent allowed by the equipment owner). Said equipment and/or utility boxes shall be screened by landscaping specifically plantedfor that purpose. Such plantings shall be shown and identified on the Landscape Plan submitted during the Dew'lopmentReview Process. 10. As provided for by Section 221(i) of the Zoning Ordinance, upon finding that there is good cause shown and that there will be no significant detrimental effects on surrounding properties, permit deviations from the setback, lot coverage, landscaping and minimum lot area requirements and height restrictions, except as provided in Section 202 (b), the front yard setback on Virginia Beach Boulevard is set at ten (10)feet and the side yard setback adjacent to Hilton Lane is set at five(5)feet. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of October, Two Thousand Fifteen. October 20, 2015 -72- Item-VI-K.3 PLANNING ITEM#65328 (Continued) 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 October 20, 2015 -73- Item -VI-K.4 PLANNING ITEM#65329 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT: Application of WAL-MART REAL ESTATE BUSINESS TRUST and HILLTOP COPELAND ASSOCIATES for a Conditional Use Permit re an auto repair at 550 First Colonial Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WAL-MART REAL ESTATE BUSINESS TRUST and HILLTOP COPELAND ASSOCIATES for a Conditional Use Permit re an auto repair at 550 First Colonial Road (GPIN 2407876655)DISTRICT 6—BEACH The following conditions shall be required: 1. The automobile repair facility shall be located on the site and within the building substantially as shown on the Plan titled "Conditional Use Permit for Walmart," prepared by Bohler Engineering, and dated 5/28/15. 2. The exterior appearance of the automobile repair facility shall be substantially as shown on the drawing labeled "Right Elevation" on the submitted Architectural Sheet titled: "Walmart, Virginia Beach (NE), VA #5922 (Take Over) Proposed Elevation with TLE,"prepared by P+R Architects, and dated June 12, 2015. 3. There shall be no display or storage of parts or tires outside of the building at any time. 4. There shall be no repair of vehicles outside of the building at any time. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of October, Two Thousand Fifteen. 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 October 20, 2015 -74- Item -VI-K.5 PLANNING ITEM#65330 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS PROFFERED, BY CONSENT:Application of HOLLOMON BROWN FUNERAL HOME, INC.for a Conditional Change of Zoning from R-5D Residential Duplex to 0-2 Office at 1461 Kempsville Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HOLLOMON BROWN FUNERAL HOME, INC. for a Conditional Change of Zoning from R-5D Residential Duplex to 0-2 Office at 1461 Kempsville Road (GPIN 1465370172)DISTRICT 2—KEMPSVILLE The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of October, Two Thousand Fifteen. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and Rosemary Wilson Council Members Abstaining: Vice Mayor Louis R.Jones James L. Wood Council Members Absent: None October 20, 2015 -`�Golt BEAC4. AV °''R z CITY OF VIRGINIA BEACH i -�- =; .-{- • INTER-OFFICE CORRESPONDENCE • ;4-" .o °. r S 9 OF OUR NO\°" In Reply Refer To Our File No. DF-9451 DATE: October 9, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Application; Hollomon-Brown Funeral Home, Incorporated The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 20, 2015. I have reviewed the subject proffer agreement, dated August 18, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT X� TATHI AGREEMENT (this "Agreement"), made this 1b day of c , 2015, by and between HOLLOMON-BROWN FUNERAL HOME, INC., a Virginia corporation ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1465-37-0172-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R-5D to Conditional 0-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional 0-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the GPIN No. 1465-37-0172-0000 26236551v3 Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "CONCEPTUAL SITE LAYOUT PLAN OF KEMPSVILLE RD OFFICES VIRGINIA BEACH, VIRGINIA", dated June 23, 2015, and prepared by MSA, P.C. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The office buildings developed on the Property, when constructed, will be designed in a colonial architectural style, and the color and quality of the roof and other building materials shall be substantially compatible with the Hollomon-Brown Funeral Home Kempsville Chapel which is depicted on the photograph labeled Hollomon-Brown Kempsville Chapel dated June 15, 2015, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning. 3. The office buildings developed on the Property, when constructed, shall not exceed thirty-five (35) feet in height. 4. When developed, freestanding signage on the Property shall be limited to one (1) low-level monument style sign which shall not exceed eight feet (8') in height, will be externally lit, and will be constructed using materials of a color and quality that is substantially compatible with that used for the office buildings on the Property. An elevation drawing of the monument style sign shall be submitted to the Planning Director for approval prior to obtaining a permit for its installation. A permit shall be obtained from the Planning Department, Zoning Division, for all signage located on the Property. 26236551v3 2 5. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 26236551v3 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: HOLLOMON-BROWN FUNERAL HOME, INC., a Virginia corporation: . , A E t �& Louis R. Jones, ' -sident ST W E/COMMON ' TALTH OF 41„,„,. c. CITY/COUNTY OF Vitt w 4i44,1,‘ ,to-wit: The foregoing instrument was sworn to and acknowledged before me this /f i h day of 114,41 , 2015, by Louis R. Jones, in his capacity as President of Hollomon-Brown Funeral Home, Inc, a Virginia corporation. He is either personally known to me or has produced ip,H,en �� as identification. 1 k Witness my hand and official stamp or seal this!f 1 day of a2015r4 . na..( 11,114 e 40-1"" . No ary Public (SEAL) a\WUnill►rrrir,San? 1 My Commission Expires: 1 a('3,11(o �``�� .... Cab Registration Number: A/U /f q =n 1131117117(:15_§. 0t DCP 26236551v3 4 EXHIBIT A Legal Description All that certain piece or parcel of land located in the Kempsville Magisterial District of the City of Virginia Beach, Virginia, bounded on the East by the present Kempsville Road right-of-way; on the South by Parcel "A" , Map Book 246, Pages 9 and 10, now or formerly Hollomon-Brown Funeral Home, Inc., Deed Book 3302, page 778 and Deed Book 3305, Page 949, on the West by the property now or formerly Subdivision of Carriage Mill, Map Book 181, page 38; and on the North by the property now or formerly Louis R. Jones, Deed Book 3118, Page 651, Map Book 146, Page 52, and known, numbered and designated by the present street numbering system now in force in Virginia Beach, Virginia as 1461 Kempsville Road., and being designated as 112.295 ACRES" as shown on "Survey of property for LandAmerica Exchange Company, Purchase of Exchange Property for Hollomon-Brown Funeral Home, Inc. from John Rabourn Waters and Minerva Rae Waters (D.B. 397, P.140) (D.B.2190, P 448) (M.B.23 1 P.52) (M.B. 32,P.2) (M.B. 154, P.22) Virginia Beach, Virginia, Scale: 1" = 40' February 2, 2000 made by John E. Sirine and Associates, Surveyors-Engineers-Planners, 4317 Bonney Road, Virginia Beach, Virginia 23452", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 285, at page 12, which plat is incorporated herein and to which reference is hereby made for a more particular description. LESS AND EXCEPT property conveyed to City of Virginia Beach recorded in Deed Book 2112 at page 305 and Deed Book 2190 at page 448. IT BEING the same property conveyed to Hollomon-Brown Funeral Home, Inc., a Virginia corporation by deed from John Habourn Waters and Minerva Rae Waters, husband and wife, dated March 22, 2000 and recorded March 22, 2000 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4216 at page 1707. 26236551 v3 5 W7 4t N I ,%rf'. O Q o OC :r W Z14LL O O4.0m 1 \--, ..... ,,... ,.. ..,. ,.....Z �'`j + f "til , N��7 W CO CX 13 0 �ry C ...I I I 4 .ftd cl 0 ,) 0 . V 1� ,,,,,,,,:;.,,,f,$,--.,,- a en 1i 4 13 �` VI a. tli r Ne • Up j , '� id Cr .-4 r f ` � V e!r, C 1— V1 V1 0 W 20J tt Qhr'Y a W VI s1..0.141A.BE4 0 4, 146 ,`N City of Vires;iriia I leach � 0 OF OUR NA1��N LOUIS R.JONES PHONE: (757)583-0177 VICE MAYOR FAX (757)588-4659 Refer to File No. 0056389 October 20, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Hollomon-Brown Funeral Home,Inc. for a conditional change of zoning for property located at 1461 Kempsville Road. 2. I have an ownership interest in Hollomon-Brown Funeral Home,Inc.The company's corporate headquarters are located at 8464 Tidewater Drive,Norfolk, Virginia. 3. I hereby disclose this interest and will abstain from voting on the transaction. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 I I Mrs. Ruth Hodges Smith -2- October 20, 2015 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Sincerely, Louis R. J es Vice Mayor LJR/RRI/DRH c: Mark D. Stiles, City Attorney osIA•BFA, 4.0- L4411_, 04 c icy of Vir irii i 1 beach S OF OUR NAS10N5 VBgov.00m JAMES L.WOOD PHONE (757)340-8411 COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX. (757)340-2082 jlwood@vbgov.com In Reply Refer to 0056414 October 20, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Hollomon-Brown Funeral Home, Inc. for a conditional change of zoning for property located at 1461 Kempsville Road. 2. I have a personal interest in Ocean Bay Contracting, LLC, which is located at 208 Ash Avenue, Suite 101, Virginia Beach, Virginia. Ocean Bay Contracting, LLC provides construction services to Hollomon-Brown Funeral Home, Inc. 3. I hereby disclose this interest and will abstain from voting on the transaction Accordingly, I respectfully request that you record this declaration in the official records of City Council. 208 ASH AVENUE,SUITE 101,VIRGINIA BEACH,VA 23452 Mrs. Ruth Hodges Fraser -2- October 20, 2015 Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia Thank you for your assistance in this matter. Sincerely, ./,/ Jame• L. Wood Co . cilmember JLW/RRI I I i i -75- Item-VI-K.6 PLANNING ITEM#65331 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS PROFFERED, BY CONSENT: Application of CCW DEVELOPMENT ASSOCIATES and WAYNE DUPREE for a Conditional Change of Zoning.from A-12 Apartment to Conditional A-12 Apartment to vary the lot coverage for single family dwellings at 596 Sea Oats Way DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA Ordinance upon application of CCW DEVELOPMENT ASSOCIATES and WAYNE DUPREE for a Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment to vary the lot coverage for single family dwellings at 596 Sea Oats Way (GPIN 241782.5192) DISTRICT 6—BEACH The following condition shall be required: An Agreement encompassing proffers shall he recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of October, Two Thousand Fifteen. Voting: 10-0 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: None October 20, 2015 cArllA•BE'40 `4:-i„'*' z G� :JAW I CITY OF VIRGINIA BEACH . �'” 1 INTER-OFFICE CORRESPONDENCE o 'c-- _ r ar •„ e OF OUR tOkl° In Reply Refer To Our File No. DF-9306 DATE: October 9, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Application; CCW Development Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 20, 2015. I have reviewed the subject proffer agreement, dated April 25, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen WAYNE L. DUPREE,widowed and unremarried CCW DEVELOPMENT ASSOCIATES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 25th day of April, 2015, by and between WAYNE L. DUPREE, widowed and unremarried, Grantor, party of the first part; CCW DEVELOPMENT ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee,party of the third part. WITNESSETH: WHEREAS, the party of the first part is the owner of that certain parcel of property located in the Beach District of the City of Virginia Beach,Virginia, containing approximately 0.826 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference. The parcel described herein and in Exhibit "A" is hereinafter referred to as the "Property"; and WHEREAS,the party of the second part as the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from A-12 Apartment District to Conditional A-12 Apartment District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the party of the second part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the GPIN: 2417-82-5192 PREPARED BY. 013 SY1zl:S, BOURDON, Prepared By: f�11111N&LEVY, R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the party of the second part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-12 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the second part, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit,or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential condominium in substantial conformance with the exhibit entitled "MULTI-FAMILY SITE PLAN EXHIBIT OSPREY POINT CONDOMINIUM LOT 15B" dated 04/01/2015, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the"Concept Plan"). 2. When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural design and features substantially in accordance with those shown on the renderings entitled Osprey Point bldg a — front elevation; Osprey Point bldg a — rear elevation; Osprey Point bldg b — front elevation; and Osprey Point bldg b — rear elevation, dated 20 April 2015 ("Renderings") copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach PREPARED BY: Q : SYIJS.POURDON, Department of Planning. Nil AHERN&LEVY,P.C. 3. When the Property is developed, the residential condominium units will contain a minimum of 1900 square feet of living area (excluding garage) and a one-car 2 garage. The primary exterior building materials to be utilized as depicted on the Rendering will be fiber cement siding and thirty(30)year architectural shingles. 4. When the Property is developed, the Grantors shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners'Association shall be responsible for maintaining all open spaces, common areas,landscaping and other improvements on the Property. 5. The total number of condominium dwelling units permitted to be constructed on the Property shall not exceed eight(8). 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, PREPARED BY: Q; SYKES.BOURIDON, including the authority (a) to order, in writing, that any noncompliance with such conditions rUN&LEVY. 'C. be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, 3 including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: Q : SYICES.BOLEON, d�AI{PN 8E LEVY,RC. 4 WITNESS the following signature and seal: Grantor: CCW Development Associates, L.L.C., a Virginia limited liability.company By: WPL Homes, Inc., a Virginia corporation l By: � (SEAL) B ': .- ' esident STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 15th day of May, 2015, by Brian C. Large, President of WPL Homes, Inc., a Virginia corporation, Managing Member of CCW Development Associates, L.L.C., a Virginia limited liability company, Grantor. jimf 7)1(64AV-li Notary Public My Commission Expires: August 31, 2018 R. 6/4% Notary Registration Number: 192628 <' , t .. .) o MOM PREPARED BY: NM SYKCES.BOURDON, 6�A-ERN Si LEVY,R.C. 5 WITNESS the following signature and seal: Grantor: i yi .4\z,_ id6,4i r (SEAL) e L. Dupree .N4STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: en 0,Ar The foregoing instrument was acknowledged before me this 1 day of April, 2015, by Wayne L. Dupree, Grantor. `J�y Public My Commission Expires: Q GIA . 3 I) a 0/9 S Notary Registration Number: 7 3 g I LI 9 �\\\`'<,\I WI R ,.,''/% .,*, ��e". pNWgli's /�/% REG�32B 8 E. •'•.M'Ti. ,NEX��S //i//V� Q1A Y RP�O\\\\ PREPARED BY: MI SYCLS,POURDON, Gini AHERN&LEVY,P.C. 6 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece of land,with the buildings and improvements thereon,located in the City of Virginia Beach, Virginia, being portion of Lot 15, as shown on that certain plat entitled "Subdivision of Col. L.D., Starke's Farm", duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book io, at Page 15, more particularly described as follows: Being at the southern tip of said Lot 15 at the northern side of Rudee Inlet and from said point of beginning running N 86° 51' 21" W along the southern side of said Lot 15 a distance of 236 feet to a point; thence N 39° 01'46"W a distance of 38.99 feet to a point;thence N 29" 51' 29" E a distance of 101.33 feet to a point; thence N 59° E a distance of 62 feet to a point; thence N 86° 58' 5" E a distance of 108.9 feet to a point; thence S 18° 6' 3o" E a distance of 18.83 feet to appoint; thence S 62° 18' 37" E a distance of 67 feet to a point; thence S 8° 15' 23"W a distance of 121 feet to the point of beginning; said property designated as Lot 15B in Map Book 120,at Page 14. Together with an easement for ingress and egress from Virginia Avenue to said parcel, beginning at a point in the southern side of Virginia Avenue which point is 148 feet northeast from the northwest corner of said Lot 15, and from said point of beginning running S 31° E a distance of 353.5 feet to a point in the northern side of the property of the party of the second part; thence N 59° E a distance of 50 feet along the northern side of the property of the party of the second part; thence N 31° W a distance 373.27 feet to a point in the southern side of Virginia Avenue; thence S 37° 28' 54"W 53.75 feet along the southern side of Virginia Avenue to the point of beginning; said easement set forth in Map Book 120, at Page 14. GPIN: 2417-82-5192 H:\AM\Conditional Rezoning\CCW Development Associates\Sea Oates\Proffer_clean 5-14-15.doc PREPARED BY: 0E1 SYICPS, BOURDON, GjII AIltl2N X Imo'.P.C. 7 I I r, _.i _ , ur--, .-- \ (, .--1 \ t, ___1 N Tr~SKS }_ ; 4 � 'Y° 5----n / _t S�4 O i rK *II alit% i, V.., r = to n 4 _ , _; moo. _ ).-- r -i -� j .- VI -�.r= \ =:=; �- O Crisor__. Z ._ s O C� �` �--_ ��_ _s �y_ i 1 _ �4 y = %_ �c' V 11- II O f itit 7r 1' a111\11\11k , , ,1 wl 4111 03 IIl J�� . \ '--. 7. I''' ."i �� '1 U (2.) ____ 5 ____:\ . A ij 1r4.-V'''.Nn44,1% i.. 7 illlif � N p '' r/1 < .6: 41 .4fr ...- � 1`1, ,O rT N s._ 5 \ t. ;: 5 f 7- �r�►OP" : \\) cg co) lb-46 , - '..,. • '.-',_-- - 4111164Spv c4 ct Com) . a2.tel g CO 41111 "... a 0 Nik _ — o 4 a W cis _ tit c a ' m 0 ,. _--_ 014IA• $EAc City of Virginia I 3each s 2 � e 9 OF OURNAI°s VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER BUILDING 1 MAYOR 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms C@ vbgov.com In Reply Refer to 0056390 October 20, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on CCW Development Associates' application for a Conditional Change of Zoning, A-12 Apartment to Conditional A-12 Apartment for property located at 596 Sea Oats Way. 2. The applicant has identified TowneBank as a potential financial services provider with respect to this application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I hereby disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. I I I Mrs. Ruth Hodges Fraser -2- October 20, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerely, William D. Sessoms Mayor WDS/RRI/DRH I I it -76- ITEM VI-L APPOINTMENTS ITEM#65332 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD Voting: 10-0 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,John E. Uhrin,James L. Wood and Rosemary Wilson Council Members Absent: Mayor William D. Sessoms, Jr. October 20, 2015 -77- ITEM VI-L APPOINTMENTS ITEM#65333 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: CHLOE COHEN,Senior-First Colonial Road TAYLOR LAVIN,Senior—Bayside High School One year term 10/15/2015—06/30/2016 HISTORIC PRESERVATION COMMISSION Voting: 10-0 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. October 20, 2015 I I II -78- ITEM VI-L APPOINTMENTS ITEM#65334 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: DAMIAN SEITZ Two year term 11/01/2015—10/31/2017 HISTORICAL REVIEW BOARD Voting: 10-0 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. October 20, 2015 -79- Item -VI-0 ADJOURNMENT ITEM#65335 Vice Mayor Louis R.Jones, DECLARED the City Council Meeting ADJOURNED at 8:03 P.M. 044 Q._ Amanda Finley-Ba es, CMC Louis R. Jones Chief Deputy City Clerk Vice Mayor th Hodges Fraser, MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia October 20, 2015