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NOVEMBER 3, 2015 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0BEAc,S MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 M.BENJAMIN DAVENPORT,At Large H ' ROBERT M.DYER,Centerville-District 1 =0? BARBARA M.HENLEY,Princess Anne-District 7 SHANNON DS KANE,Rose Hall-District 3 ' .p.r. JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kenipsville-District 2 4 s° °UF NPt JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large CITY HALL BUILDING JAMES L. WOOD,Lvrnzhaven-District 5 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORE ONE:(757)385-4303 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHFAX(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN CITY AUDITOR-LYNDON S.REMIASE-MAIL:Ctycncl@vbgov.com CITY CLERK-RU TH HODGES FRASER,MMC 03 November 2015 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING L CITY COUNCIL BRIEFINGS - Conference Room- 2:30 PM A. OCEANFRONT FITNESS PARK Douglas Smith, Deputy City Manager Luke Hillier, Founder and President of Hillier Ignite B. ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS John D. Moss, Councilman—At-Large II. CITY MANAGER'S BRIEFING A. TOURISM DEVELOPMENT FINANCING PROGRAM AMENDMENT Douglas Smith, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 3:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Garrett Bugg Pastor, Wycliffe Presbyterian 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 20, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. PROCLAMATION-NATIVE AMERICAN HERITAGE MONTH Lee Lockamy,Nansemond Indian Tribe Council I. PUBLIC HEARING 1. Proposed Lease of City-owned Property at Indian River and North Landing Road - Land of Promise Farms Partnership J. ORDINANCES 1. Ordinance to AMEND Section 35-159 of the City Code re TAX ON TRANSIENTS obtaining lodging and REDUCE related appropriations and estimated revenues accordingly 2. Ordinance to AMEND ORD-3326B (Approved February 11, 2014)to MODIFY the terms of the proposed Lease with Virginia Beach Professional Baseball at Princess Anne Commons re construction and operation of a baseball complex 3. Ordinance to AUTHORIZE the City Manager to EXECUTE: a. A Lease of City-owned Farm Land at Indian River and North Landing Road for ten (10) months re Land of Promise Farms Partnership with proceeds of$17,000 to be shared between the City and State [BRAC] b.An Amendment to the Purchase Agreement between S.L.Nusbaum Realty Company and the City of Virginia Beach for the sale of City-owned property at the intersection of Princess Anne and Witchduck Roads to develop a pharmacy and retail shops 4. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned properties at: a. Treasure Canal at 2008 Compass Circle re a bulkhead and boatlift DISTRICT 5 —LYNNHAVEN b. Sand Broad Inlet at the rear of 345 Tuna Lane re a bulkhead and backfill DISTRICT 7—PRINCESS ANNE 5. Ordinances to ACCEPT and APPROPRIATE funds from the Federal Emergency Management Agency(FEMA) re Virginia Task Force 2 Urban Search and Rescue Team: a. $1,273,582 re personnel costs, equipment and supplies, facility leasing,training and travel b. $1,700.000 re expenses related to activation, mobilization, deployment and demobilization re Hurricane Joaquin 6. Ordinances to ACCEPT,APPROPRIATE and TRANSFER: a. $107,250 from the Department of Homeland Security re Police Marine Patrol equipment b. $ 28,000 from the City Garage Internal Fund c. $ 7,750 from the DEA Seized Assets Special Revenue d. $ 38,227 from the Virginia Department of Behavioral Health and Developmental Services re a full time Administrative Assistant K. PLANNING 1. PI TELECOM INFRASTRUCTURE T, LLC and JSW HOLDINGS, LLC for a Conditional Use Permit re a monopole communication tower at 2824 Princess Anne Road (DEFFERED October 20, 2015) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL L. APPOINTMENTS ARTS and HUMANTITIES COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD—CSB GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL PRESERVATION COMMISSION HISTORICAL REVIEW BOARD PARKS and RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION (RAC) SENIOR SERVICES OF SOUTHEASTERN VIRGINIA TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** I I III I 2015 CITY COUNCIL MEETINGS November 10, 2015 Workshop November 17, 2015 Informal/Formal Sessions November 24, 2015 Workshop December 1, 2015 Informal/Formal Sessions December 8, 2015 Informal/Formal Sessions 2015 CITY HOLIDAYS Wednesday, November 11 Veterans Day Thursday,November 26 Thanksgiving Day Friday, November 27 Day After Thanksgiving Thursday,December 24 Christmas Eve (half-day) Friday, December 25 Christmas Day I -1- s4 ci`L7 4:4. O 4 e '?.`1016%1P 4 (U 1'� 4'. `� <✓ i.'O! 01,k M1&LI.: 4 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 3, 2015 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing, in the City Council Conference Room, Tuesday, November 3, 2015, at 2:30 P.M. Council Members Present: M. Benjamin Davenport, 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: Robert M Dyer ill November 3, 2015 I 1 III i 1 —2— CITY COUNCIL'S BRIEFING OCEANFRONT FITNESS PARK ITEM#65336 2:30 P.M. Mayor Sessoms welcomed Luke Hillier, President and CEO —ADS, Incorporated and the Founder and President of Hillier Ignite, a Foundation he started in order to "give back"to the community. Mr. Hillier expressed his appreciation to City Council for their leadership and vision: t s a s s : • , a � . 1 "i � �,, H i ft ti l if,,� �" 0 N71fH '�- xr �I �� iii - i � �p�l t t i He visited Santa Monica, California two (2) years ago; and, when checking into the hotel, he noticed workout and fitness equipment right on the beach: jilliIllMillIlIllPillIllIll I gill- i °-111111C, t `-- ,------ , a=te me f: �, , HILLIER .= te) Hotels Close to Swings,Rings and FITNESS PARK Ropes-Lowe Santa Monica,CA November 3, 2015 -3- CITY CO ' ENG OCEANFRONTUNCILFITNESSSBRIFI PARK ITEM#65336 (Continued) Mr. Hillier presented a short video showing what he saw on the beach during his visit: HILLIER Video Introduction FITNESS PARK 40��Street,Virginia Beach,VA Below is an aerial view of the beach: r ar ° S � HI1�e) ;3 Aerial view F ILLIT NER E 5 5 PARK swings,Rings,and Ropes-Santa Monica,CA November 3, 2015 II -4- CITY COUNCIL BRIEFING OCEANFRONT FITNESS PARK ITEM#65336 (Continued) Below is an aerial view of 40`'' Street and the proposed location of this Fitness Park. The consensus is this is the best location as it is at the end of the Boardwalk and "bookends" GromPark: 7'00Y-- -..1', ..2-,_)'„,,-- .4,,,,. ' '',-,A S,3,-'4 ., ° ''.-fr.:, h.k", :4,yti , N ..,„_-,,,, . , . .... .„, R -.. a a itN ,v, ,,,,...„, ,,.4.„..._ -- - \-\ -NORTH HILLIER :� e) Aerial View btuFITNESS PARK ao.street,v.ymaBeach,VA Below is the overall conceptual layout for the proposed Fitness Park. Mr. Hillier expressed his appreciation to WPL and Billy Almond for donating their services in designing this proposal. Also SB Ballard has agreed to donate their services in construction of this proposed Fitness Park: a 5 t!Y iiiµ ay ' :, - m`a i� h 1ti ` -44 3 l 1d , ti y s, §�: Y � >YC 51-..,1 �"'��e f?a% hy lU"t .r w�; d AS NORTH HILLIER �' igte) OveraConceptual Layout FITNESS PARK ao^sveet,ll Vo,geaBeach,vA November 3, 2015 -5- CITY COUNCIL'S BRIEFING OCEANFRONT FITNESS PARK ITEM#65336 (Continued) The layout of the Fitness Park will allow for equipment to access for cleaning and will not be a detriment to maintaining the beach: Ilk ji1\ 4,ik ' '*;,-:" _ ,.,., .:11,,V..-'4‘7P74.7,,,,,,.t- - . ,-,,II ":::-.1,_-X,`----,:', 11- t H"tlf--Lt`:,..-'' i t >jtk , 7gyp rr 5 w ' ,r jot aila ,' aw ., Ut of--- Jk g- ' t - , l KKt ✓' �y� NORTH HILLIER e) _ Beach Cleaner Access t FITNESS PARK 40.street,vo-ym a aeacn,VA The City is ranked the "15`x'fittest city in the U.S.": €I � Virginia Beach ranked#15 fittest city in the United States 1,ALe,,ap, >„rnyrt, �nrow, 1raaa.., .n...,g ,-,.,.`r. V rµinie Beatli Va- is Beavh teas been rank.i[he.35 fittest city in t.te.Un-ted Sates acro i-€.o a recnnt renort ne eased by the Vir€iota Beach has ranked among the top 10 metropolitan areas.since:2009.Strengths include a high numimr of Darks.as well as a hi€h numb=r cf recreaticnai facilities mcludin€Park playgrounds,park unias aM bzil.-:ianrconds. HILLIER ; wA e) Fittest Cities I FITNESS PARK F t°ems Park.VI 9InIa aeacn,VA November 3, 2015 -6- CITY COUNCIL'S BRIEFING OCEANFRONT FITNESS PARK ITEM#65336 (Continued) The City is ranked the 'fittest city" in the U.S. by Facebook. This Fitness Park will solidify the City as a "Fitness Destination"and will be only the second such beach Fitness Park in the U.S.: 5 News Views the Top 10 Ftltest Cities According to Passbook Fittest Cates ao' { 1 n Ku4 Pe H I L L I ER i e) Fittest Cities aft. FITNESS PARK Fitness Park,Virginia Beach,VA Mr. Hillier advised the City has been very good to him. He is a product of VBCPS, raised his family and has grown more than one successful business in the City. He wants to give back to the City that he loves. Below are examples of the types of equipment that will be at the Fitness Park: yy I m a s.�-,,t HILLIER -Tait e) Reference Photos-Swings,Rings WIatEkitt FITNESS PARK and Ropes-sante Monica,CA November 3, 2015 1 11 -7- CITY COUNCIL'S IEFNG OCEANFRONT LF'IS PARK ITEM#65336 (Continued) i itg2 # , 1W._ , V``}}A ,,..: '�r@i dls ,ti liti LI HILLIER i'te) Reference Photos-Swings,Rings FITNESS PARK and Ropes san�a nb ,CA :144-40',-:-------°:,fit*7„,igs.:.:;4,-7 :!*:t'_ ' - �I j j +,s air.,,G,r ".;� it. _ as , .,a.''�'.;*w� �-afro .. „,,,1 HILLIER .unite) Equipment Photos 0. FITNESS PARK croupA November 3, 2015 II -8- CITY COUNCIL'S BRIEFING OCEANFRONT FITNESS PARK ITEM#65336 (Continued) I4 x rte, --------T ", , $. .,... ....... . ... ,,, , . .. ). ti v. 1 i . ,, _ , HILLIER e Equipment Photos ato.., FITNESS PARK ��°APB 3 & d reR d .e !. -, .,,�{ x. R,a -8h; ° E .r9 5S P --,,-1 11 r.", ' '7'1;:;:',17,44.'-' ''' ._ si ,,,_ ,..._,..,, ,„..,, :‘,..,44,,,,,,/,,... .„. . HILLIER e) Eq4 uipment Photos FITNESS PARK °°Pc Mayor Sessoms expressed his appreciation to Mr. Hillier for not only this proposal but for being willing to give back to the community. November 3, 2015 I II i -9- CITY COUNCIL'S BRIEFING ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS ITEM#65337 2:45 P.M. Mayor Sessoms advised Councilman Moss requested this presentation be a part of today's City Council Agenda to provide an opportunity for discussion. Councilman Moss is not going over the presentation slide by slide, but will discuss a few of the most important points: Presentation by Councilman John Moss Assessment and Counter Proposal on the proposed City Council Policy regarding Constitutional Officer compensation process Tuesday,October 6,2015 Chain-of-Command I Beach Voters \' \ / \ / \ Constitutional Officers November 3, 2015 I II -10- CITY COUNCIL'S BRIEFING ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS ITEM#65337 (Continued) Constraints on Constitutional Officers • United States Constitution • Federal Law& Regulations as applicable • Commonwealth of Virginia Constitution • Statues of the Commonwealth of Virginia • Judicial rulings of Federal & State Courts • City Charter and Ordinances as applicable What are the locally elected Constitutional Offices? • Commonwealth Attorney • Sheriff • Commissioner of the Revenue • City Treasurer • Clerk of the Circuit Court November 3, 2015 -11- CITY COUNCIL'S BRIEFING ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS ITEM#65337 (Continued) Who are Virginia Beach's Constitutional Officers? • Commonwealth Attorney -Colin Stolle • Sheriff -Ken Stolle • Commissioner of the Revenue - Phil Kellam • City Treasurer -John Atkinson • Clerk of the Circuit Court -Tina Sinnen What are the Salaries of the Beach's Constitutional Officers? • Commonwealth Attorney: $202,805 -Monthly: $16,900.41 -Bi-monthly pay period: 8,450.21 Comparison salaries: Chief Justice of the Supreme Court: -$258,000 Attorney General of the United States: -$200,000 Attorney General of Virginia: $150,000 November 3, 2015 -12- CITY COUNCIL'S BRIEFING ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS ITEM#65337 (Continued) What are the Salaries of the Beach's Constitutional Officers? • Sheriff: $161,446 —Monthly: $13,453.83 —Bi-monthly pay period:$6,726.91 Comparison salaries: Attorney General of the United States: —$200,000 U.S. Head of Corrections: —$179,000 Governor of Virginia: $175,000 Governor of Virginia's top cabinet officer: $152,793 Virginia Beach Police Chief:—$161,000 What are the Salaries of the Beach's Constitutional Officers? • Commission of Revenue: $156,041 • City Treasurer: $156,041 -Monthly: $13,453.83 -Bi-monthly pay period: $6,726.91 Comparison salaries: Treasurer of the United States: -$200,000 Commissioner of IRS: -$179,000 State Treasurer: $162,214 November 3, 2015 -13- CITY COUNCIL'S BRIEFING ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS ITEM#65337 (Continued) What are the Salaries of the Beach's Constitutional Officers? • Clerk of the Circuit Court: $155,630 — Monthly: $12,969.16 —Bi-monthly pay period: $6,484.53 Comparison salaries: Head Archivist/Auditor: —$155,000 Clerk of the House of Representatives: —$172,500 Legal Counsel to U.S. Senate: —$172,500 Below is how the salaries of Constitutional Officers are set: How are the salaries of Constitutional Officers set • The state compensation board based on a number factors, of which population size is one factor, establishes the compensation that the Commonwealth of Virginia will fund. • Localities have the option to supplement the salary and pay all the associated increases in fringe benefits to what the Commonwealth provides. • There is no obligation of a locality to provide a local supplement to salaries paid by the Commonwealth to constitutional officers November 3, 2015 -14- CITY COUNCIL'S BRIEFING ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS ITEM#65337 (Continued) What are the Benefits of the Beach's Constitutional Officers? • State Salary supplemented by Beach taxpayers • Health Insurance • Defined Benefit Retirement — 1.7 percent credit for each year of service multiplied against high three salary, vested after three years • Car allowance Is there a Compensation Problem that needs to be Solved? No! Current compensation of locally elected constitutional officers, if anything, are out of alignment on the high side with what is required to for these elected offices. November 3, 2015 -15- CITY COUNCIL'S BRIEFING ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS ITEM#65337 (Continued) What is the compensation issue'? n incumbent constitutional officer or officers not publicly identified want a pay raise from Beach taxpayers during their term(s) of office before they stand for election, and want to be considered for raises on an annual basis. Councilman Moss feels the salaries are competitive and do not warrant an adjustment; however, he feels the City Manager is correct in that the City needs a Policy in place to delineate how to address adjustments when the time comes: Is there a need for a process'? es! There is certainly no justification at this time for increasing the local supplement. There is a need for process, if and when the need arises to increase or decrease the local supplement November 3, 2015 -16- CITY COUNCIL'S BRIEFING ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS ITEM#65337 (Continued) What is the City Manager recommending? A process by which the City Council on an annual basis can determine adjustments, if any, to Beach taxpayers' supplement of the Commonwealth's funded compensation of locally elected state constitutional officers. What is good about what the City Manager is recommended? • City Council after a public hearing would have a distinct process and vote to increase or decrease the supplement provided by Beach taxpayers to each constitutional officer position. November 3, 2015 • -17- CITY COUNCIL'S BRIEFING ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS ITEM#65337 (Continued) What is flawed about what the City Manager is recommended? • It enables the compensation of an elected officer to be increased during their term of office • By including it as part of the budget process it subtracts from the very transparency the recommendation professes to provide • It does not require the incumbent of the each constitutional office to publicly testify and stand for examination as to why their salary is inadequate What is flawed about what the City Manager is recommended? • It fails to provide full spectrum accountability for adjustment • It fails to provide for thirty days of public advertisement in print and electronic mediums followed by public workshops in each district in city prior to a City Council public hearing ten days prior to City Council's actual vote • It fails to account for that elective office is about public service not self - I I II - November 3, 2015 -18- CITY COUNCIL'S BRIEFING ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS ITEM#65337 (Continued) Councilman Moss what is the basis for your concern? What is good enough for the President, Senators, and House of Representative of the United States should apply to locally elected constitutional officers. U.S. Constitution Article I Section 6 paragraph 2 and Article II Section 1 paragraph 8 preclude any change in the compensation of Senators or Members of the House of Representative and the President respectively until after their respective current term has ended. Councilman Moss what is the basis for your concern? What is good enough for the state Senators, and House of Delegates to the General Assembly of the Commonwealth should, apply to locally elected constitutional officers.' VA State Constitution Article IV Section 5 paragraph 2 precludes any change in the compensation of Senators or Delegates until after the term for which he/she was elected has ended. November 3, 2015 -19- CITY COUNCIL'S BRIEFING ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS ITEM#65337 (Continued) Below is Councilman Moss'proposal: Councilman Moss What is your proposal? 1. No salary adjustments (up or down) during the current term of the elected incumbent 2. Only in the election year for a given constitutional office would City Council consider adjustments to the Beach taxpayers' supplement to that office or offices up for election Councilman Moss What is your proposal? 3. City Council adopt an ordinance that would initiate the process to determine what, if any, adjustments to Beach taxpayers' supplement beginning the third Monday in January of the year in which the election of a constitutional office is to be held and concluding not earlier than the first regular meeting in June and not later than the last regular meeting in June. November 3, 2015 -20- CITY COUNCIL'S BRIEFING ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS ITEM#65337 (Continued) Councilman Moss What is your proposal? 4. While the City Council cannot compel constitutional officers at a formal session of city council preliminary to adopting a resolution per the proposed audience as to the merits of adjusting the salary to their encumbered position to which they may not be re-elected should they seek re-election, the City Council agenda shall document their invitation and the televised proceedings and minutes shall document their participation. Councilman Moss What is your notional timeline • January 2017 — Constitutional Officers testify as to the need for adjustments to their local supplement — City Council decision on resolution • February&March 2017 — Public passive fact sheets prepared — Council approves fact sheets • April and May 2017 — District public hearings — Other meetings as the public may hold • June 2017 — Public hearing first Monday in June — Council vote on adjustments,if any,second Monday in June November 3, 2015 -21- CITY COUNCIL'S BRIEFING ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS ITEM#65337 (Continued) CONCLUSION Elective office is public service Elective office is private sacrifice Elective office is a privilege Elective office is a duty Elective office is an honor Elective office is not a career Want a raise make the case, run for re-election and win! Mayor Sessoms expressed his appreciation to Councilman Moss for his proposal and asked how he wanted to proceed. Councilman Moss advised he would like City Council's action be scheduled for November 171x'; however, this is not time sensitive. He would like to have it considered prior to the Council going away for Christmas Break and before the Budget so the City Manager will have some direction. Mayor Sessoms suggested if two or more City Council Members support his proposal it will go on a future City Council Agenda for consideration. Councilman Moss agreed to Mayor Sessoms' suggestion. November 3, 2015 I I I i -22- CITY MANAGER'S BRIEFING TOURISM DEVELOPMENT FINANCING PROGRAM AMENDMENT ITEM#65338 2:54 P.M. Mayor Sessoms welcomed Doug Smith, Deputy City Manager. Mr. Smith expressed his appreciation to City Council for their continued support and advised the presentation is to provide an update to the Tourism Development Financing Program (TDFP): '1-1 t ft- Tourism Development Financing Program Update City Council Briefing by Douglas L. Smith November 3,2015 Below is an overview of today's presentation: Presentation Overview • Program Purpose • Current Virginia Beach policy • New General Assembly enabling Legislation • Policy Considerations • Recommendation November 3, 2015 i f I -23- CITY MANAGER'S BRIEFING TOURISM DEVELOPMENT FINANCING PROGRAM AMENDMENT ITEM#65338 (Continued) Below is the TDAF's purpose: Tourism Development Financing Program (TDFP) Purpose • Mechanism whereby Virginia cities can provide project generated annual sales tax remittances for private sector debt service to close a desirable project's financial gap • Ensures projects fill tourism voids • Creates partnership between developers, localities,financial institutions,and the state (Section 58.1-3851.1 and 58.1-3851.2) Below is the City's current City Council Policy adopted March 13, 2012: Virginia Beach City Council Current TDFP Policy • Adopted March 13, 2012 • Project Requirements: • Capital investment>$30 million • Taxable sales>$1 million annually • Increases year-round employment • Fills a tourism void • Located in the tourism zone • Proven private financing gap • Avoids additional public investment November 3, 2015 -24- CITY MANAGER'S BRIEFING TOURISM DEVELOPMENT FINANCING PROGRAM AMENDMENT ITEM#65338 (Continued) Below are the current TDFP City Ordinance and Plans: Current TDFP City Ordinance and Plans • A tourism zone has been established in the Resort Strategic Growth Area • Tourism voids are identified in the Resort Area Strategic Action Plan (RASAP) The process is pretty "straight-forward"and is provided in detail below: TDFP Policy Process (Adopted March 13, 2012) • Developer submits an application. • Staff reviews,including fiscal and economic impact and application requirements,etc. • City Council and the Development Authority(VBDA)are briefed. • A projectendorsement ordinance is prepared dedicating 1%of the sales tax generated by the project • If approved by City Council,the project application is submitted to the Virginia Tourism Corporation(VTC)for approval • The VBDA and developer execute a performance agreement November 3, 2015 -25- CITY MANAGER'S BRIEFING TOURISM DEVELOPMENT FINANCING PROGRAM AMENDMENT ITEM#65338 (Continued) Below are the localities in the Commonwealth that use the TDFP: Localities and TDFP Virginia Beach • Cavalier Hotel ,R a • Project cost:$145 million • ' Fredericksburg �' • Hyatt Place Hotel Is � ! • Projectcost:$13 million Newport News l ,' • City Center retail/restaurants '.x,iv . • Project cost:$22 million Norfolk • Hilton Hotel(The Main) � " • Project cost:$77 million The current TDFP City Ordinance compensates for a financing gap not to exceed 20% of the project cost: Current TDFP City Ordinance • TDFP compensates for a financing gap not to exceed 20% of the project cost • Each TDFP partner contributes an amount equal to 1% of the general sales tax generated by the project November 3, 2015 I -26- CITY MANAGER'S BRIEFING TOURISM DEVELOPMENT FINANCING PROGRAM AMENDMENT ITEM#65338 (Continued) Below is a `flow of funds"of TDFP: Gap Financing Cash Flow /DEVELOPER ACCESS FEE CITY OF VIRGINIA BEACH SGC 1%CITY TAX REVENUEy�", $YQNR k 1%STATE TAX REVENUE „y lARGINIA BEACH FF' fir"' GEVECOPMEN7 F IV SANITY 4PCGF9 F i 4 1 pPipC. EJ -'nQ ELI, COMMERCIAL BANK �FSF�gN OkOFaC }'.., .STAIE'FAX REVENUES u. 80%DEBT AND EQUEIY 1- i QUALIFICATION {;f.,. q. °"- I pU� COMMONWEALTH OF VIRGINIA(SOIL' OEM LOPER A Jew things have changed to the program and created two (2) "Tiers New General Assembly Tier 1: • The TDFP maximum financing gap threshold can be increased to 30%, with 1%dedicated sales tax Tier 2: • Adheres to§58.1-3851.1€Tier 1 • A tourism project of regionalsigniflcance • Project cost>$100 million • TDFP maximum Financing gap is 20%,with II/%deducted sales tax • Excludes retail outlets • The Virginia Tourism Corporation determines if: • Hotel occupancy increases • New jobs are created • Project lures out-of-state visitors • Significant fiscal and economic impact is generated November 3, 2015 -27- CITY MANAGER'S BRIEFING TOURISM DEVELOPMENT FINANCING PROGRAM AMENDMENT ITEM#65338 (Continued) Below are considerations for the City Council in determining how to move forward: Considerations • Oceanfront development is expensive o poured in place concrete o high rise o all rooms facing oceanfront o structured parking • Cost of redevelopment limits motivation,reinvestment is good for whole beach • Assembling parcels is difficult and expensive • Franchise affiliation is important driver in attracting higher income demographic • "B"market makes hotel financing hard • access to State money and developer fee City Policy Considerations • Current Policy o Project Requirements: • Capital investment>$30 million • Taxable sales>$1 million annually • Increases year-round employment • Fills a tourism void • Located in the tourism zone • Proven private financing gap • Avoids prohibitive additional public investment • Increase gap threshold on projects<$100m to 30%with hurdles o $30M to$50M project-stay with 20% o >$50M project cost-allow 30%with some of the following criteria • Creates significant jobs,>50 FTE • Redevelopment • Premium Flag and/or fills a brand gap • Amend program for>$100M but be very deliberate with use,because we must find the additional 0.5% November 3, 2015 I II i -28- CITY MANAGER'S BRIEFING TOURISM DEVELOPMENT FINANCING PROGRAM AMENDMENT ITEM#65338 (Continued) Below are staff recommendations: Staff Recommendations Amend the current City policy to include State Code Changes in order for desirable projects meeting City policy and VTC guidelines to potentially take advantage of newly adopted financing limits. Next Steps If Council concurs with recommendations: • A policy amendment will be drafted • An ordinance will be prepared • Both can be presented to City Council for adoption on 11/17/15 Mayor Sessoms thanked Mr. Smith for his work on this project and advised the Ordinance should be placed on the November 17`x' City Council Agenda for consideration. November 3, 2015 I II i -29- CITY COUNCIL LIAISON REPORTS ITEM#65339 3:15 P.M. Council Lady Ross-Hammond advised Ernestine Middleton, a long-time member of the Public Library Board, and the mother of Delegate Barry Knight, recently passed away. November 3, 2015 -30- CITY COUNCIL LIAISON REPORTS ITEM#65340 Council Lady Ross-Hammond advised Susan Puryer, President- The Planning Council will be resigning effective July 2016. The Council is currently seeking a replacement for her and will be expanding the position to President and Chief Executive Officer(CEO). November 3, 2015 -31- CITY COUNCIL LIAISON REPORTS ITEM#65341 Council Lady Kane invited everyone to attend the Minority Business Council Annual Expo scheduled for Noon, this Thursday at the Westin in Town Center. The Minority Business Council is celebrating its 20th anniversary. November 3, 2015 I II -32- CITY COUNCIL LIAISON REPORTS ITEM#65342 Council Lady Kane advised this past Sunday she and Deputy City Manager Doug Smith participated in the Pilot Program "We Feed Virginia Beach" by dropping bags in a neighborhood in the Rose Hall District. This program is in conjunction with the VBCPS Backpack program and will provide food to children in need. They will go back on Saturday and distribute reminder fliers and then again on Sunday to pick up the bags of food donated. November 3, 2015 -33- CITY COUNCIL LIAISON REPORTS ITEM#65343 Councilman Davenport advised MEDAC received a presentation from Scott Philpot, Executive Director- Cybersecurity Roundtable, providing all of the initiatives taking place as a result of the Round Table. This is a high-growth industry and Councilman Davenport found the information to be very interesting. November 3, 2015 -34- CITY COUNCIL COMMENTS ITEM#65344 3:18 P.M. Councilman Moss feels since the Bipartisan Budget Act is such a big part of the local economy, it should be injected into the City's Five-Year Forecast. The Budget Control Act proposes to increase Defense Spending by$25-Billion in FY16 but only$3-Billion in FY17. However, the "domestic spending" is only $40-Million higher in FY17 than FY16. This is important because the transportation funding from the General Fund is an expenditure that is not "trust-fund" related and counts against the Cap. This, in addition to other expenditures that count against the Cap will cause a much lower growth rate, and in some cases a negative growth rate, in revenues from the Federal Government to the localities. This is due to the index of inflation and how those benefits are calculated. Also, Defense Spending and Purchasing Power is flat to slightly negative and does not create a "rosy"picture. Also, Dr. Koch talked about how the Region had tremendous growth in per capita income even though the private sector was flat. This was due to the tremendous increase in Defense Department Salaries and that is not true going forward. In fact, those salaries are 1.3%in this Budget and, at the same time, over a five-year period, the BHA is reduced by 1%each year. This will create a compensating factor and as the City is looking at the Five-Year Forecast, it is important to be dynamic and insightful in determining growth and household income. Also, the procurement money available is substantial, but the construction is mainly in Newport News. Councilman Moss has never seen the "employment pattern" of the shipyard and feels the City should ask the Hampton Roads Planning District Commission for an economic analysis showing the employment pattern for the shipyard. This will help determine where the money is and where it is being spent. November 3, 2015 -35- CITY COUNCIL COMMENTS ITEM#65345 Councilman Davenport distributed a Draft "Resolution Supporting Legislation for Virginia to Participate In The Regional Greenhouse Gas Initiative", Delegate Villanueva is proposing. Councilman Davenport advised this will be on the November 17`h City Council Agenda for consideration. November 3, 2015 REQUESTED BY COUNCILMEMBER DAVENPORT A RESOLUTION SUPPORTING LEGISLATION FOR VIRGINIA TO PARTICIPATE IN THE REGIONAL GREENHOUSE GAS INITIATIVE 1 WHEREAS, House Joint Resolution No. 50 (2012) and Senate Joint Resolution 2 No. 76 (2012) requested the Virginia Institute of Marine Science (VIMS) to study 3 strategies for adaptation to prevent recurrent flooding in Tidewater and Eastern Shore 4 Virginia localities; 5 WHEREAS, the resulting VIMS report, entitled "Recurrent Flooding Study for 6 Tidewater Virginia," published as Senate Document No. 3 (2013), states: "Recurrent 7 flooding is a significant issue in all localities in Virginia coastal localities and one that is 8 predicted to become worse over reasonable planning horizons (20-50 years)."; 9 WHEREAS, the VIMS report found that "[i]mpacts from flooding can range from 10 temporary road closures to the loss of homes, property and life. In coastal Virginia, the 11 cost of large storm damage can range from millions to hundreds of millions of dollars 12 per storm."; 13 WHEREAS, the Secure Commonwealth Panel, established by Virginia Code 14 § 2.2-222.3 to "monitor and assess the implementation of statewide prevention, 15 preparedness, response, and recovery initiatives and where necessary review, 16 evaluate, and make recommendations relating to the emergency preparedness of 17 government at all levels in the Commonwealth," created a Recurrent Flooding Sub- 18 Panel to further assess the threat of recurrent flooding and sea level rise in the 19 Commonwealth; 20 WHEREAS, the Secure Commonwealth Panel Recurrent Flooding Sub-Panel's 21 report, entitled "Recommendations to the Secure Commonwealth Panel on the Issue of 22 Sea Level Rise and Recurrent Flooding in Coastal Virginia" (2014), states that "[t]he 23 Commonwealth should identify or establish a fund to assist localities and regions [to] 24 meet their match requirements and otherwise assist them with the costs of adaptation 25 planning."; 26 WHEREAS, a number of homeowners, businesses, schools, and health care 27 facilities in Virginia Beach regularly battle issues associated with recurrent flooding and 28 the threat of increasing sea level rise and severe storms; and 29 WHEREAS, the City of Virginia Beach recognizes the need for increased 30 resources to implement local adaptation plans and acknowledge that coordination 31 throughout all levels of government is required to provide adequate solutions to the 32 region's growing flooding risks. 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH: 35 36 1. That the Council hereby supports legislation in the 2016 General 37 Assembly session that provides state assistance to areas impacted by flooding and sea 38 level rise by participating in the Regional Greenhouse Gas Initiative (RGGI), that 39 establishes a regional CO2 electric power sector cap and trade program, and directing 40 revenues generated from the program to flooding adaptation efforts. Enabling legislation 41 joining the state into RGGI would also provide assistance for energy efficiency 42 programs to help reduce customer bills and promote energy conservation. 43 44 2. That the City Clerk is hereby directed to transmit a copy of this resolution 45 to each member of the City's local Delegation to the General Assembly. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 46 CA13519 R-1 October 22, 2015 -36- AGENDA REVIEW SESSION ITEM#65346 3:23 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 35-159 of the City Code re TAX ON TRANSIENTS obtaining lodging and REDUCE related appropriations and estimated revenues accordingly 2. Ordinance to AMEND ORD-3326B (Approved February 11, 2014) to MODIFY the terms of the proposed Lease with Virginia Beach Professional Baseball at Princess Anne Commons re construction and operation of a baseball complex 3. Ordinance to AUTHORIZE the City Manager to EXECUTE: a. A Lease of City-owned Farm Land at Indian River and North Landing Road for ten (10) months re Land of Promise Farms Partnership with proceeds of$17,000 to be shared between the City and State[BRAC] b. An Amendment to the Purchase Agreement between S.L. Nusbaum Realty Company and the City of Virginia Beach for the sale of City-owned property at the intersection of Princess Anne and Witchduck Roads to develop a pharmacy and retail shops 4. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned properties at: a. Treasure Canal at 2008 Compass Circle re a bulkhead and boatlift DISTRICT 5—LYNNHAVEN b. Sand Broad Inlet at the rear of 345 Tuna Lane re a bulkhead and backfill DISTRICT 7—PRINCESS ANNE 5. Ordinances to ACCEPT and APPROPRIATE funds from the Federal Emergency Management Agency (FEMA) re Virginia Task Force 2 Urban Search and Rescue Team: a. $1,273,582 re personnel costs, equipment and supplies, facility leasing, training and travel b. $1,700.000 re expenses related to activation, mobilization, deployment and demobilization re Hurricane Joaquin 6. Ordinances to ACCEPT,APPROPRIATE and TRANSFER: a. $107,250 from the Department of Homeland Security re Police Marine Patrol equipment b. $28,000 from the City Garage Internal Fund c. $ 7,750 from the DEA Seized Assets Special Revenue d. $ 38,227 from the Virginia Department of Behavioral Health and Developmental Services re a full time Administrative Assistant MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#3b MAYOR SESSOMS WILL ABSTAIN ON ITEM#4a MAYOR SESSOMS WILL ABSTAIN ON ITEM#4b November 3, 2015 ( II -37- AGENDA REVIEW SESSION ITEM#65346 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. PI TELECOM INFRASTRUCTURE T,LLC and JSW HOLDINGS,LLC for a Conditional Use Permit re a monopole communication tower at 2824 Princess Anne Road(DEFFERED OCTOBER 20, 2015)DISTRICT 7—PRINCESS ANNE Item #1 WILL BE CONSDERED WITH AMENDED CONDITIONS November 3, 2015 -38- ITEM#65347 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 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 • Beach District 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 November 3, 2015 -39- ITEM#65347 (Continued) Upon motion by Councilman Moss, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION at 3:26 P.M. Voting: 9-0 Council Members Voting Aye: M Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., Rosemary Wilson and James L. Wood Council Members Absent: Robert M Dyer ill John E. Uhrin stepped out (Closed Session 3:26 P.M. - 5:56 P.M.) November 3, 2015 -40- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 3,2015 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, November 3, 2015, at 6:00 P.M. Council Members Present: M. Benjamin Davenport, 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: Robert M Dyer ill INVOCATION: Reverend Garrett Bugg Pastor, Wycliffe Presbyterian 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 idents 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. November 3, 2015 -41- 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. November 3, 2015 [ II -42- Item—VII-E CERTIFICATION ITEM#65348 Upon motion by Councilman Uhrin, seconded by Council Lady Ross-Hammond, 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: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M Dyer November 3, 2015 -43- Item -VH-F MINUTES ITEM#65349 Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 20, 2015. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 -44- ADOPT AGENDA FOR FORMAL SESSION ITEM#65350 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 3, 2015 I II -45- VH-H-1 MAYOR'S PRESENTATION ITEM#65351 PROCLAMATION NATIVE AMERICAN HERITAGE MONTH Lee Lockamy, Nansemond Indian Tribe Council Mayor Sessoms welcomed Lee Lockamy, Nansemond Indian Tribe Council and presented a Proclamation declaring NOVEMBER 2015 "NATIVE AMERICAN HERITAGE MONTH". The Mayor calls upon the Citizens, Government Agencies, Public and Private Institutions, businesses and Schools in the City to recognize the contributions of Native Americans to the history and development of the City, State and Nation, and to commemorate this month with appropriate activities. Mayor Sessoms further acknowledges the contributions of the Nansemond Indian Tribe to the vitality of the City, both past and present, and the pride we have in their association with the community. Mr. Lockamy expressed his appreciation to the City Council for their support. November 3, 2015 I 11 G1N1A•B ,4c I v9 go` -0UR Nicf', Y II rndtmathrn WHEREAS: Native Americans have made use of the natural-resources in`Virginia and Virginia Beach for over 15,000 years; WHEREAS: Native Americans prospered in'Virginia as hunters and gatherers for thousands of years living in hands and encampments; WHEREAS: Native Americans developed tribal relationships and began to settle in hamlets and-vilLges with the introduction of cultigens,such as gourd and squash,and later deans,corn and tobacco; WHEREAS: 'The Chesapeake Indian tribe resided in a village in'Virginia Beach at the time of or just prior to the early seventeenth century settlement of the region 6y England WHEREAS: 'The Nansemond Indian tribe resided in a village to the west of Virginia Beach at the time of English settlement• WilXEAS:: 'The Chesapeake Indian tribe was decimated By warfare initiated 6y the'Powhatan chieftain in the early seventeenth century and no descendants of the Chesapeake tribe are known today; WHEREAS: 914em6ers of the NansemondIndaan tribe moved eastward settling in areas that intruded 'Virginia Beach; WHEREAS: Agroup of Christianized Nansemonds remained in southeastern Virginia as English settlement spread WHEREAS: An Indian reservation in the'Pungo area of'Virginia Beach was occupied 6y Nansemond Indians in the late seventeenth century; WHEREAS: 'The Commonwealth of Virginia officially recognized the Nansemond Indian tribe in 1985; WHEREAS: 'The Nansemond Indian tribe officiated in the reburial of 64 human remains of the Chesapeake Indian tribe at'First Landing State'Parkin 1997; WHEREAS: Members of the Nansemond Indian tribe are valuable residents of Virginia Beach today; WHEREAS: Novem6erwas first dedaredas Native American.iferitage Month in the'United States of America in 1990; WHEREAS:November is also commemorated as Native American.iferitage Month in the Commonwealth of 'Virginia;and, NOW,'D(EER,EE EFO'RE,E,I,'William D.Sessoms,Jr.,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim Novem6er 2015 f Native American Jferitage JIionth In Virginia Beach,andfurthermore call upon the citizens,government agencies,public and private institutions,businesses and schools in'Virginia Beach to recognize the contributions of Native Americans to the history and development of the city,state and nation and to commemorate this month with appropriate activities. furtherwish to acknowCedge: the contributions of the Xansemondlndian tribe to the vitafzty of Virginia Beach, both past and present,and the pride we have in their association with our community. In testimony whereof,I have hereunto set my hand and caused the Offcia(Seafof the City of'Virginia Beach, 'Virginia,to Le affixed this 3"1 day ofNovember, two thousandffteen. -17 .�_.--�'t-=`��,«-�*p.•_ William E.Sessoms, ar 'r- ��` = w kayo. -46- Item VII—L I PUBLIC HEARING ITEM#65352 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPOSED LEASE OF CITY-OWNED PROPERTY INDIAN RIVER AND NORTH LANDING ROAD Land of Promise Farms Partnership There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 3, 2015 -47- Item -VII-J ORDINANCES ITEM#65353 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Agenda Items 1, 2 (MAYOR SESSOMS ABSTAINED), 3a, 3b(MOSS VERBAL NAY), 4a(MAYOR SESSOMS ABSTAINED), 4b(MAYOR SESSOMS ABSTAINED), 5a/b and 6a/b/c/d. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M Dyer November 3, 2015 -48- Item -VII-J.1 ORDINANCES ITEM#65354 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AMEND Section 35-159 of the City Code re TAX ON TRANSIENTS obtaining lodging and REDUCE related appropriations and estimated revenues accordingly Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M Dyer November 3, 2015 1 1 AN ORDINANCE TO AMEND SECTION 35-159 OF 2 THE CITY CODE PERTAINING TO TAX ON 3 TRANSIENTS OBTAINING LODGING AND TO 4 REDUCE RELATED APPROPRIATIONS AND 5 ESTIMATED REVENUES ACCORDINGLY 6 7 WHEREAS, in the FY 2015-16 Operating Budget, City Council approved an 8 increase in the hotel flat tax from $1.00 to $2.00 to assist with debt service on public 9 infrastructure capital projects supporting the Arena, which is to take effect January 1, 10 2016; and 11 12 WHEREAS, $743,829 of funding from the rate increase will not be needed in the 13 Tourism Investment Program until January 1, 2017, as work on the infrastructure 14 projects is being delayed due to schedule changes in the Arena project. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 19 1. That Section 35-159 of the Code of the City of Virginia Beach is hereby amended 20 and reordained to read as follows: 21 22 Sec. 35-159. Levied; amount. 23 24 (a) There is hereby levied and imposed on each transient a tax equivalent to eight 25 (8) percent of the total amount paid for lodging, by or for any such transient, to 26 any lodging place, plus a flat tax of two-dollars ($2.00) for each night of lodging at 27 any lodging place other than a campground. The percentage-based portion of the 28 tax rate shall be reduced by one-half (0.5) percent on July 1, 2018 and further 29 reduced by an additional two and one-half (2.5) percent on June 30, 2027. One 30 dollar ($1.00) of the flat tax shall remain in effect through June 30, 2018, and the 31 remaining one dollar ($1.00) shall be in effect January 1, 2017 through 32 December 31, 2020 2021. 33 .... 34 35 2. That $743,829 in appropriations in the Tourism Investment Program Fund in the FY 36 2016 Budget are hereby reduced, with estimated revenues from the Transient 37 Occupancy Tax reduced in the same amount. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of November 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPRQVED AS TO LEGAL SUFFICIENCY: �I w , ,/t„ 0 \ ..$) ..th Budget and Management Services City A • • e, s • ice CA13517/ R-1 /October 21, 2015 -49- Item -VII-J.2 ORDINANCES ITEM#65355 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AMEND ORD-3326B (Approved February 11, 2014) to MODIFY the terms of the proposed Lease with Virginia Beach Professional Baseball at Princess Anne Commons re construction and operation of a baseball complex Voting: 9-0 Council Members Voting Aye: M Benjamin Davenport, 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: Robert M. Dyer Council Members Abstaining: Mayor William D. Sessoms, Jr. November 3, 2015 1 AN ORDINANCE TO AMEND ORDINANCE 2 ORD-3326B TO MODIFY THE TERMS OF THE 3 PROPOSED LEASE OF CITY PROPERTY 4 LOCATED AT PRINCESS ANNE COMMONS 5 FOR CONSTRUCTION AND OPERATION OF A 6 BASEBALL COMPLEX 7 8 WHEREAS, by Ordinance ORD-3326B, adopted February 11, 2014, the 9 City Council authorized a lease of City-owned land located within the Princess 10 Anne Commons to Virginia Beach Professional Baseball ("VBPB") for the 11 construction, operation and maintenance of a professional baseball stadium, 12 tournament fields, and sports-related commercial and retail space (the "Lease"); 13 14 WHEREAS, the terms and conditions of the Lease were to conform with 15 the Summary of Terms attached to Ordinance ORD-3326B; 16 17 WHEREAS, prior to execution of the Lease, VBPB requested various 18 modifications to the terms and conditions of the Lease; 19 20 WHEREAS, the proposed modifications represent substantive changes 21 and require City Council's approval of an Amended Summary of Terms prior to 22 execution of the Lease; and 23 24 WHEREAS, City Council has determined that the proposed changes are 25 reasonable and will contribute to the successful development of the project, 26 which will benefit the citizens of the City of Virginia Beach. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 1. The City Manager is hereby authorized to execute a Lease 32 Agreement between VBPB and the City, for the term of thirty (30) years for the 33 Stadium and Commercial Space and for up to thirty (30) years for the 34 Tournament Complex, in accordance with the Amended Summary of Terms, 35 attached hereto as Exhibit A and made a part hereof, and such other terms, 36 conditions or modifications as may be acceptable to the City Manager and in a 37 form deemed satisfactory by the City Attorney, and 38 39 2. Except as modified on the Amended Summary of Terms, 40 Ordinance ORD-3326B shall remain in full force and effect. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 43 3rd day of November , 2015. APPROVED AS TO C• TENT APPROVED AS TO LEGAL SUFFICIENCY moi'► 1(20, ` -Metiet40 Dep and Recreation City Attorney CA13456 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D021\P019\00242519.DOC R-1 October 23, 2015 EXHIBIT A AMENDED SUMMARY OF TERMS LEASE OF CITY-OWNED LAND LOCATED WITHIN PRINCESS ANNE COMMONS FOR THE PURPOSE OF CONSTRUCTING AND OPERATING A BASEBALL COMPLEX (CHANGES ARE IN BOLD) LESSOR: City of Virginia Beach (the "City") LESSEE: Virginia Beach Professional Baseball, LLC ("VBPB") PREMISES: 120 +/- acres of land located within Princess Anne Commons near the intersection of Princess Anne and Landstown Roads (Portions of GPINs: 1484-87-9998, 1484-86-9245, 1484-87-1819 and 1494-24-9673) TERM: Stadium and Commercial Space—Thirty (30) year land lease Tournament Complex—Fifteen (15) year land lease with up to five (5) three-year renewal options, for a total lease term not to exceed thirty (30) years RENT: Rent shall be one dollar ($1.00)per year USE: VBPB's proposal included three parts: • Stadium and Commercial Space o 5,000 seat stadium with 2,000 berm seats and associated 201 space parking lot • Primary tenant: Independent Atlantic League Team • Secondary tenant: Coastal Plain League, a summer wooden bat league • Commercial space to be constructed adjacent to stadium within five (5)years is expected to be between 20,000- 40,000 sq. ft. (previously up to 60,000 sq. ft.) • Tournament Complex o 13 lighted diamond fields (10 with artificial turf) and approximately 1,200 space parking lot 10 lighted grass diamond fields in Phase 1; 3 lighted grass diamond fields in Phase 2 (to be completed within 5 years of receipt of Phase 1 completion occupancy permit); new parking lot with 1,002 parking spaces • Host national, regional and local baseball and softball tournaments • Community league games and tournaments Page 1 of 3 • Collaborate with CVB Sports Marketing and Parks and Recreation to book tournaments and develop Virginia Beach hotel/restaurant packages for participants Princess Anne Athletic Complex (PAAC) o 4 Baseball/Softball Fields • VBPB to construct four (4) new baseball/softball fields for public use. VBPB to have exclusive use of 12 PAAC fields for three (3) weekend tournament events per calendar year, and weekday use beginning on the preceding Monday before from 8 am to 3 p.m. for training, clinics and camps during those three (3) weeks annually. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Responsible for all construction, operation and maintenance costs. Final improvements will be made consistent with the Princess Anne Commons Design Guidelines. • Responsible for capital infrastructure renewal and replacement at a contribution of: o Years 1-5: $250,000 o Years 6-10: $350,000 o Years 11-20: $400,000 o Years 21-30: $450,000 • Responsible for payment of all applicable taxes and utilities in connection with leasing the Premises. RESPONSIBILITIES OF THE LESSOR: • Incentive payments to VBPB equal to a portion of the admissions and real estate and/or leasehold taxes actually paid by VBPB annually at stadium and tournament complex at a rate of: o Years 1-5: 85% with no cap o Years 6-10: 75%with no cap (If 3 additional fields complete by the end of Year 5) 69% with no cap (If 2 additional fields complete by the end of Year 5) 63% with no cap (If 1 additional field complete by the end of Year 5) 57% with no cap (If NO additional fields complete by end of Year 5) Page 2 of 3 o Years 11-20: 60% with no cap (If 3 additional fields complete by the end of Year 10) 50% with no cap (If less than 3 additional fields complete by end of Year 10) • Widen Landstown Road to serve the new tournament complex as well as planned municipal uses of City-owned land within the Interfacility Traffic Area south of Princess Anne Commons. • City to contribute funds not to exceed $200,000 for additional costs associated with relocation of the four(4) PAAC fields due to power line conflict. Page 3 of 3 1 1 ir 9. t 9sµ t ', City of Vii-- ;irzia 1 beach i �'.. zS S Ofi OUR NA11°N5 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com In Reply Refer to 0056535 November 3, 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 an Ordinance to Amend ORD-3326B to Modify the Terms of the Proposed Lease of City Property Located at Princess Anne Commons for Construction and Operation of a Baseball Complex. 2. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. Because the lessee—Virginia Beach Professional Baseball, LLC—has identified TowneBank as a financial services provider with respect to this application, I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. I I II I Mrs. Ruth Hodges Fraser -2- November 3, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, William D. Sessoms Mayor WDS/RRI ti4Gl��B c.6. i 00 I 5 City of Vir irzia I I clh '2a �z 9945 aF. OUR NN-co'''' 0�6 VBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY-AT-LARGE FAX (757)385-5669 In Reply Refer to 0056536 November 3, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) 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 an Ordinance to Amend ORD-3326B to Modify the Terms of the Proposed Lease of City Property Located at Princess Anne Commons for Construction and Operation of a Baseball Complex. 2. The lessee—Virginia Beach Professional Baseball,LLC—has disclosed that Dixon Hughes Goodman is its accountant. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 1304 WREN PLACE,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Fraser -2- November 3, 2015 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the lessee, the Act provides that I may participate in Council's discussion and vote on the ordinance, upon disclosure of this interest. 5. I hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, Rosemary A. Will RAW/RRI -50- Item -VII-J.3a ORDINANCES ITEM#65356 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE: a. A Lease of City-owned Farm Land at Indian River and North Landing Road for ten (10) months re Land of Promise Farms Partnership with proceeds of$17,000 to be shared between the City and State[BRAC] Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE OF 186+/- 3 ACRES OF CITY-OWNED FARM LAND LOCATED 4 ON INDIAN RIVER ROAD AND NORTH LANDING 5 ROAD FOR 10 MONTHS WITH LAND OF PROMISE 6 FARMS PARTNERSHIP 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 186+/- acres of 9 farm land located on Indian River Road and North Landing Road, formerly known as the 10 Brenneman Farm, in Virginia Beach, Virginia (the "Premises"); 11 12 WHEREAS, Land of Promise Farms Partnership ("Land of Promise Farms") 13 would like to enter into a lease with the City for the Premises; 14 15 WHEREAS, the Premises will be utilized for agricultural purposes, such as 16 farming, and for no other purpose; 17 18 WHEREAS, Land of Promise Farms has agreed to pay the City a rental rate of 19 $17,000.00 for ten (10) months for the use of the Premises; and 20 21 WHEREAS, Further, that revenue from the lease of the Premises in the amount 22 of $17,000.00 shall be received, and fifty (50) percent of this amount ($8,500.00) shall 23 be deposited to the City's General Fund, and the remaining fifty (50) percent shall be 24 deposited to refund the Commonwealth's portion in accordance with the grant 25 agreement. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for ten (10) 31 months between Land of Promise Farms Partnership and the City for the Premises, in 32 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 33 hereof, and such other terms, conditions or modifications as may be acceptable to the 34 City Manager and in a form deemed satisfactory by the City Attorney. 35 36 Novemb'dopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of 37 , 2015. APPROVED AS TO CONTENT APPROVED AS TO CONTENT L ) /1^ U (24(2A `f Budget and Management Services Public Works/Faci ' ies Management I I II I APPROVED AS TO LEGAL SUFFICIENCY AND FORM ae, 7r) City Attorney CA13445 R-1 October 22, 2015 EXHIBIT A SUMMARY OF TERMS LEASE FOR 186+/- ACRES OF CITY-OWNED FARM LAND LOCATED ON INDIAN RIVER ROAD AND NORTH LANDING ROAD LESSOR: City of Virginia Beach LESSEE: Land of Promise Farms Partnership PREMISES: 186+/- acres of farm land located on Indian River Road and North Landing Road TERM: January 1, 2016 — November 1, 2016 RENT: Rent of $17,000.00 RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes, such as farming, and for no other purpose. • Maintain Premises, specifically any sections that can be placed under irrigation and is suitable for farming in a good farm like manner, including prevention of deterioration or waste accumulation. • Keep all equipment and improvements, placed upon Premises, in a safe, clean and orderly condition. • Purchase and maintain workers compensation insurance, commercial general liability insurance and automobile liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • May enter upon the Premises, without written prior notice, after it has been determined that an emergency exists. TERMINATION: • City may terminate by giving ninety (90) days' advance written notice, with payment for any growing crops lost in the transfer. I I 11 1 , ,iii ,,,,,,,C1":' ...A. .4. /4 .; ,Lot„.,', .44,114,41',,. I.. it: 1 '''' s -A ,v" '' 't. '' ' 1,•,- . -p 4 ' 4'. t ' 1. AI 4 ' - t . i , ) 1 1` " ' k ,) * ,, 9P. t ) I ..1, , . , j, ,„,- . .4 ,,.. 4 j , i 0,.• ' , t- .11, ...! 8 i ';1' ita' '2:*% *:. 'I 3 j' ' I 3 # d ! '''4, /.' . f ff i*. 1' 4 di 1,`" ) $1. b 11 j , 1 i s..t- , i t,.*.:,.....,,' 1., '' :...!::',,f,,,' - -4,i, i 1 14.4.g, t-A, , , • , -'14.144(' ., 14' t -, ,-' id.. 1 r 0.1.' -ill i • .- 1 Cl) 4 I : , i .. .,.., „., ,,., ,I 1 , . i .,,,, I I r __ ___ ____ ____, 11, , 404 9, . , 4 4' I t i . 0' i 1..41 / $1,„0 43 4 ) ' 4'0 ,..i.,1 4 .14A.A. )1, __.— ....... -- 0 ' .. fft _.......-- . 1: tO 1 c0 11 i I / / C3 tZ i re 1 1 • 2 >. i= u- • i 0 0 , UJ ' -I 1 / I . . E 1 ,.., . Ll // z f / i•- , re 1!. rj /1 / Li.' , -------1 / w E 1 r_.,....... .; i — , 4, r 0 ' - / - .... —1 . U. ,. O a O 6 6 Z w ct If cc •rx (.9 .,, LIJ , z < i z ..., < , = o 1-- z cc ' z -51- Item -VII-J.3b ORDINANCES ITEM#65357 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE: b. An Amendment to the Purchase Agreement between S.L. Nusbaum Realty Company and the City of Virginia Beach for the sale of City-owned property at the intersection of Princess Anne and Witchduck Roads to develop a pharmacy and retail shops Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Robert M. Dyer November 3, 2015 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AMENDMENT TO 3 THE PURCHASE AGREEMENT BETWEEN S. L. 4 NUSBAUM REALTY CO. AND THE CITY OF 5 VIRGINIA BEACH FOR SALE OF CITY PROPERTY 6 LOCATED AT THE INTERSECTION OF PRINCESS 7 ANNE ROAD AND WITCHDUCK ROAD 8 9 WHEREAS, the City of Virginia Beach (the "City") and S. L. Nusbaum Realty Co. 10 ("Nusbaum) are parties to a Purchase Agreement dated October 28, 2014 (the 11 "Purchase Agreement"); 12 13 WHEREAS, the Purchase Agreement provides for the development of a 2.812- 14 acre parcel located at the intersection of Princess Anne Road and Witchduck Road, 15 known as 5161 Princess Anne Road (GPIN: 1466-78-3845), which includes a portion of 16 right-of-way approved for closure (collectively, the "Property"); 17 18 WHEREAS, the terms of the Purchase Agreement were approved by City 19 Council on October 21, 2014, by Ordinance ORD-3381 F; 20 21 WHEREAS, the Purchase Agreement requires Nusbaum to develop an 22 approximately 13,000 sq. ft. pharmacy and multi-tenant retail shops, and includes a 12 23 month due diligence period, which expires November 6, 2015; 24 25 WHEREAS, Nusbaum has requested an additional 180-day due diligence period 26 which will expire May 4, 2016; and 27 28 WHEREAS, City Council is of the opinion that the proposed amendment to the 29 Purchase Agreement has no adverse effect, and the extension should be granted. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That the City Manager is hereby authorized to execute an amendment to the 35 Purchase Agreement to extend the due diligence period for 180 days, which period will 36 expire May 4, 2016, and such other terms, conditions or modifications as may be 37 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day 40 of November , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU ICIENCY: conomic Developm t Cit Atttey CA13455 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D019\P020\00242136.docx R-1 October 23, 2015 1 II LOCATION MAP NOTES: AREA OF PROPOSED STREET CLOSURE 'D-1' 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF (28,095 SQ. FT., 0.645 AC.) PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT s�NG, INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. , .. �T0 ,� v 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS (MB ERS y PR/N qR R PROPERTY. 74, A=88.85' 772 50' 4p CESS.44 ti ill A =6'35'24" (/NST?0.„6.,)(4K6! >6 P Rpq�J :no IW S 0722'22" W PRD o`37SS))` 1, • oo `� 9.85'S R� :... to h"iio, 7-18;47,.X , A¢' • II U II ��N.t 82.35'38" E'4 ice; ., 20p ' J O101k:(1 .83' S 82'30'20" Ei c,,cy.� - / Z fff ^^ b- N A=98.88' 80.07 x_ `x , O R=725.00' ' c5 'N,''''.7,-(,,44-41 ; „ O A=36.78' '.4-..,,!„--/C,4 Nry 0 0 =7'48 52 •:, Z • R=673.70' ; PARCEL 'E' N/F 2 2 p=3.07'40" ��`�C,; +� t EMMANUEL PROTESTANT W A=38.08'-' a A. 0 & •� EPISCOPAL CHURCH m R=32.00' M 47 •V` 9 •d' OF KEMPSVILLE o=6811'22' o;� gory d" o'�� A=37.66' EXISTING _ -- Aki s4 h 1466-78-0931 R=75.00' �-1 R/W LINE c � A =28'46'03" 3 N _ o^ ,o .� 1 ^o Q M Zr""^tWt's O O� h N O •� II '�, . o�p0 -.5.,N;,7-, )< ',R; Q, � Ov 2 0 W ; Jr� - 3••� Q'S ^• h V�++ IM � aN,mtioNi• ,Q (13 1 N /,��E y1 N 40'20'28" E 6.9 05 09' \\CI! \_ 11.1i- .6,;(5" , XI N 40'20'28" E 18.97' S 15 21:33" W . --_N -14 2�z w '�` 3.85' 1 42.35 \',x.-32+ • . A=38.15' A=104.39' 105.78' S 69 R=87.50' R=1122.50' A =24'58'55" 0 -5`tg'43" 148 13• A=643' N807146" 8, PRINCESS AAWE ROAD N 49'39'32" W 4.00' (RELOCATED) N VAR R/W N S 4020'28" W 31.26' (INST 20090519000553070)(INST 20091019001219680) A=45 15' AREA OF PROPOSED STREET CLOSURE 'D-2' (INST 20100203000113230)(INST 20100409000329350) R=4350' (1,931 SQ. FT., 0.044 AC.) (INST 20100507000436780)(M.B. 114, P. 21) 0 =59'27'51" MUM CLOSURE SIT SHEET 1 OF 1 OF A __ __ 28,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON WAY -- -N rr, ,_ -8/ __ (FORMERLY PRINCESS ANNE ROAD) ADWAS. 11ITCHDUCS ROAD (RTE 190) AND1,931 SQ.(RELOFT.CATED)(0.044AND AC . PORTION1ITCHDUCK OF PRINROAD CE(RTSES 190)ANNE ROAD S (PUBLIC RIGHT—OF—WLTSXINST No 20130315000305320) °- �� Landscape Architecture VIRGINIA BEACH, VIRGINIA CivilSurveying Exclusively for Veering 757.431.1041 CRY OF VRONIA BEACH 2 04 FEBRUARY, 2014 MI50N61L AE 8 Mail 8B M 2302 SCALE: 1" = 100 I CAD/chic TMF/els CITY OF VIRGINIA BEACH, VA 1 F.B. P. 1 PLAT: 1JN:213-0160 a�40141A•BE40 0`` h City f Virginia Beach �o z q9 4, OF OUR NW°NS VBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY-AT-LARGE FAX (757)385-5669 In Reply Refer to 0056539 November 3, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) 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 an Ordinance Authorizing the City Manager to Execute an Amendment to the Purchase Agreement Between S.L. Nusbaum Realty Co. and the City of Virginia Beach for Sale of City Property Located at the Intersection of Princess Anne Road and Witchduck Road. 2. The purchaser—S.L. Nusbaum—has disclosed that Dixon Hughes Goodman is its accountant. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the lessee, the Act 1304 WREN PLACE,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Fraser -2- November 3, 2015 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) provides that I may participate in Council's discussion and vote on the ordinance, upon disclosure of this interest. 5. I hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, Rosemary A. Wilson RAW/RRI -52- Item -VII-14a ORDINANCES ITEM#65358 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of City-owned properties at: a. Treasure Canal at 2008 Compass Circle re a bulkhead and boatlift DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property at Treasure Canal at 2008 Compass Circle re a bulkhead and boatlift(GPIN 2409095320)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. It is further understood and agreed that approval is limited to the Encroachment Area only and nothing contained herein shall be construed as an approval by the City of the type or location of any other structures shown on the aforementioned exhibit. 7. 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. 8. 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'). November 3, 2015 -53- Item—VII-J.4a ORDINANCES ITEM#65358 (Continued) 9. It is further expressly understood and agreed that the Grantee has an established and maintained variable width Riparian Buffer, which is a minimum of five (5)feet in width landward from the shoreline, running the entire length of the shoreline and consisting of a mulched Planting bed and containing a mixture of shrubs and perennial Plants (the "Buffer"). Said Buffer shall be deemed to satisfy the Riparian Buffer requirements necessitated by this waterfront encroachment activity. The Buffer shall not be established during the months of June, July or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security in an amount equal to the estimated cost of the required Buffer Plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 10. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than Five Hundred Thousand ($500,000.00) Dollars, 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. 11. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 12. 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 Department of Planning Waterfront Operations Office or Permits and Inspections Office. 13. 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 ($100.00) Dollars 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. November 3, 2015 -54- Item—VII-J.4a ORDINANCES ITEM#65358 (Continued) 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 Third day of November, Two Thousand Fifteen. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M Dyer Council Members Abstaining: Mayor William D. Sessoms, Jr. November 3, 2015 i I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF A CITY CANAL KNOWN AS 6 TREASURE CANAL LOCATED AT THE 7 REAR OF THE PROPERTY KNOWN AS 8 2008 COMPASS CIRCLE 9 10 WHEREAS, Robert D. Pellerin and Linda Sue Pellerin have requested 11 permission to maintain an existing timber bulkhead, wharf and deck and to construct and 12 maintain 263 lineal feet of vinyl bulkhead 2' seaward of the existing bulkhead, a boatlift and 13 replacement of two (2)existing mooring piles with two (2) new 10"diameter mooring piles, 14 collectively, into a portion of a City canal known as Treasure Canal located at the rear of 15 the property known as 2008 Compass Circle. 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Robert D. Pellerin and Linda 26 Sue Pellerin, their heirs, assigns and successors in title are authorized to maintain a 27 temporary encroachment for an existing timber bulkhead,wharf and deck and to construct 28 and maintain 263 lineal feet of vinyl bulkhead 2' seaward of the existing bulkhead, a boatlift 29 and replacement of two (2) existing mooring piles with two (2) new 10" diameter mooring 30 piles, collectively, into a portion of a City canal known as Treasure Canal as shown on the 31 map entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR ROBERT & LINDA 32 PELLERIN", a copy of which is attached hereto as Exhibit A, and on file in the Department 33 of Public Works and to which reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and Robert Pellerin and Linda Pellerin (the 38 "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED that the Agreement is limited to the authority 43 provided by §§ 15.2-2009 and 15.2-2107, and it does not provide a permit, variance, or 44 other approval of any feature displayed on the Agreement's Exhibit; and 45 1 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized 47 designee is hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 50 such time as Robert Pellerin, Linda Pellerin and the City Manager or his authorized 51 designee execute the Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd 54 day of November , 2015. CA13220 R-1 PREPARED: 9/4/15 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d015\p020\00235680.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE CLT Y 2 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 1st day of September, 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROBERT D. PELLERIN and LINDA SUE PELLERIN, 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 52"; as shown on that certain plat entitled: "PLAT OF BROAD BAY ISLAND, SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT", Scale: 1" = 10', dated February 1958, prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at Pages 37 and 37A, and being further designated, known, and described as 2008 Compass Circle, Virginia Beach, Virginia 23451-1713; WHEREAS, it is proposed by the Grantee to maintain an existing timber bulkhead, wharf and deck and to construct and maintain 263 lineal feet of vinyl bulkhead 2' seaward of the existing bulkhead, a boatlift and replacement of two (2) existing mooring piles with two (2) new 10" diameter mooring piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2409-09-5320; (2008 Compass Circle) (CITY CANAL — NO GPIN REQUIRED OR ASSIGNED) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City canal known as Treasure Canal, 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: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR ROBERT & LINDA PELLERIN", a copy of which is attached 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 2 1 I 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 understood and agreed that approval is limited to the Encroachment Area only and nothing contained herein shall be construed as an 3 approval by the City of the type or location of any other structures shown on the aforementioned exhibit. 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. 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 the Grantee shall maintain the existing variable width riparian buffer, which equates to an average of 15 feet in width landward from the shoreline, running the entire length of the shoreline, and consisting of a mulched planting bed and containing a mixture of shrubs and perennial plants (the "Buffer"). It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured 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. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 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 Department of Planning Waterfront Operations Office or Permits and Inspections Office. 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. 5 I IN WITNESS WHEREOF, ROBERT D. PELLERIN and LINDA SUE PELLERIN, 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) 6 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: 7 By Otreke,* G:?(LL—L ROBERT D. PELLERIN, Owner By %1& L14 ) LINDA SUE PELLERIN, Owner STATE OF "� CITY/COUNTY OF'(iRgLnita,, l_ RCl}, to-wit: The foregoing instrument was acknowledged before me this SZ day of kftitoyntilf" , 2015, by ROBERT D. PELLERIN. 41 ,22 . L = (SEAL) Notary P blic Notary Registration Number: 15 (03 My Commission Expires My Commission Expires: December31.2016 STATE OF \ I CITY/COUNTY OFV Lr11A,t(�1 , to-wit: The foregoing instrument was acknowledged before me this IST day of .12_ bQ"t^, 2015, by LINDA SUE PELLERIN. (SEAL) Notary Pu lic Notary Registration Number: -75a t17-S my ExAires My Commission Expires: Commission1,2016 8 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM G543-sASAr SIGN URE . A MEYER, SENIOR CITY ATTORNEY l,.- 13- 15 DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 9 1 N a EX. WEST PILE ENCROACHES EX. BULKHEAD ENCROACHES a ...;,A—.41f TREASURE CANAL 22.0' INTO CVB PROPERTY 3.4' INTO CVB PROPERTY a --FLOOD EX. EAST PILE ENCROACHES EX. WHARF ENCROACHES MB. 45 PG. 37 EBB-- 20.7' INTO CVB PROPERTY 6.4' INTO CVB PROPERTY EX. DECK ENCROACHES ROWE Ocrovortam EX.pts 1.5' INTO CVB PROPERTY \ VIMW NEMS4 10'I PILES AT THE \\OIAGT SAIF LOG710N PROPOSED 263 L.F. VINYL BULKHEAD EL SULK SAD 10 RF11Mi- EX. PILE EX. PILE PROPOSED Bw0IFAS 10 . N 77'07'38" W II T TED MAX'2'SEAWAM _ N 140.26' PROPOSED�T�T 0 N 63'54'23' W EX. �� N 91.82' MLW AND MHW AT LANDSCAPE BED ......1..F EX. BULKHEADEXISTING TIMBER BULKHEAD � _ EX ,� DECK Al 1A 852 01 6 � PROPOSED p LANDSCAPE BED\ 475 SF LAND 385 SF TURF 5' DRAINAGE EASEMENT TURF BUFFERS MB. 45. PG. 37 \ TURF \ EX. TURF7 SHED \ LANDSCAPE BED ' EX. Z 4x GPRPGE •• I 97/.,°/' SHED V:l�\ WOOD DECK/� GREENHOUSE • 2 STORY FRAME a •2008 ti0 \ CONC. DRIVE ry1h , LOT 51 \ ts N/F BRIAN LAROCHE 2009 COMPASS CIRCLE LOT 53 N/F DON MYERS 2004 COMPASS CIRCLE GPIN: 2409 09 3371 e. \ GPIN: 2409 09 6220 Ci ) TURF EX. ENCROACHMENTS NOTED , TOP RIGHT h^ PROPOSED ENCROACHMENTS ,11% NOTED SUCH: TURF h 20.2' 2 LOT 52 COMPASS CIRCLE PROPOSED 300 INCLUDES PLANTINGS OF: PROPOSED ADDITIONAL LANDSCAPE - (M.B. 45, PG. 37) BUFFER BUFFER (860 SF) IS PROVIDED BY GPIN: 2409 09 5320 CANOPY TREES: EXPANSION OF EX. LANDSCAPE BUFFER 2' LANDWARD AND 2' CHANNELWARD (2) BALD CYPRESS (TO MEET NEW BULKHEAD SET 2' CHANNELWARD OF EX. BULKHEAD) '- UNDERSTORY TREES: L651.00' Ras() (2) NATCHEZ CREPE MYRTLES (2) BLOODGOOD JAPANESE MAPLE (6) SHRUB �P1� H 0A, COMPASS CIRCLE THE TREESS AND THROUGHOUT THENG / BUFFER AREA THAT WILL Q 5O R/W ARCHITECTURALLY BLEND WITH THE 9 �_ / SPECIES OF TREES PLANTED <Z$ ". MISC. GROUND COVER, 0 �_ BUFFER REO'D: 246.2'x15'=3.693 SF ORNAMENTAL GRASSES RICHARD T. BARIIETT > BUFFER BUFFER PROVIDED:I1,760 SF 860 SF PERENNIAL PLANTS Lic. No. 18335 SPECIES MAY VARY DEPENDING ON AVAILABILITY AT TIME OF PLANTING -0 JUNE 1, 2015 c- 0 40' 80' Ss�ONAL �� 1" = 40' EXHIBIT "A" — ENCROACHMENT REQUEST ZONING: R-20 FOR ROBERT & LINDA PELLERIN ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE: (757)773-8084 EMAIL RICKOPcc_uC.COM ' JUNE 1, 2015 SHEET 1 OF 1 4,:i•-o‘ i.A.BE40 Ix t'° , 7,' 72, City of Virg;irii i I I clh 994- 0,, SOF OUR NAS�oN VBgov.COm WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com In Reply Refer to 0056538 November 3, 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 an Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Treasure Canal Located at the Rear of the Property Known as 2008 Compass Circle. 2. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. The applicants—Robert and Linda Pellerin—have identified TowneBank as a financial services provider with respect to this application, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- November 3, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, k/(/( ( William D. Sessoms Mayor WDS/RRI -55- Item -VII-J.4b ORDINANCES ITEM#65359 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of City-owned properties at: b. Sand Broad Inlet at the rear of 345 Tuna Lane re a bulkhead and backfill DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property at Sand Broad Inlet at the rear of 345 Tuna Lane re a bulkhead and backfill (GPIN 2433159940) DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. It is further expressly understood and agreed that the Grantee shall establish and maintain a variable width Riparian Buffer, which equates to an average offifteen (15)feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched Planting bed and contain a mixture of salt- tolerant shrubs and perennial Plants (the "Buffer"). The Buffer shall not be established during the months of June,July or August, so that it has the greatest November 3, 2015 -56- Item -VII-J.4b ORDINANCES ITEM#65359 (Continued) likelihood of survivability. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 8. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than Five Hundred Thousand ($500,000.00) Dollars, 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. 9. 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. 10. 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 ($100.00) Dollars 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 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Third day of November, Two Thousand Fifteen. November 3, 2015 -57- Item -VII-J.4b ORDINANCES ITEM#65359 (Continued) Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer Council Members Abstaining: Mayor William D. Sessoms, Jr. November 3, 2015 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS SAND 7 BROAD INLET, LOCATED AT THE 8 REAR OF 345 TUNA LANE 9 10 11 WHEREAS, Donald Snyder and Deborah Snyder (the "Snyders") desire to 12 reconstruct and maintain a proposed bulkhead and backfill, into and upon a portion the 13 City's property known as Sand Broad Inlet, also known as GPIN: 2433-27-3415, located at 14 the rear of 345 Tuna Lane, in the City of Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Donald Snyder and Deborah 25 Snyder, their heirs, assigns and successors in title are authorized to construct and maintain 26 a proposed bulkhead and backfill in a portion of existing City property known as Sand 27 Broad Inlet, as shown on the map entitled: "Encroachment EXHIBIT A, LOCATION: LOT 28 149, SANDBRIDGE SHORES NORTH, SECTION 1-B GPIN: 2433-15-9940 FOR: 29 DONALD & DEBORAH SNYDER AT: 345 TUNA LANE, VIRGINIA BEACH, VA 23456," 30 dated April 24, 2015, a copy of which is attached hereto as Exhibit A, and on file in the 31 Department of Public Works and to which reference is made for a more particular 32 description; 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are 35 expressly subject to those terms, conditions and criteria contained in the Agreement 36 between the City of Virginia Beach and the Snyders (the "Agreement"), an unexecuted 37 copy of which has been presented to the Council in its agenda, and will be recorded among 38 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Snyders and the City Manager or his authorized designee execute the 45 Agreement. 46 1 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd 47 day of November , 2015. CA 13438 R-1 PREPARED: 10/7/15 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d023\p020\00237593.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S - NCY AND FORM: e)Q33A PUB IC WORKS, REAL ESTAT - • I ID f 2 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 day of , 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Donald SNYDER and Deborah SNYDER, 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 149" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA," dated June 25, 1967, prepared by Palmer L Smith, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 345 Tuna Lane, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed replacement bulkhead and remove deteriorated bulkhead and pier (collectively), the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in re-constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Sand Broad Inlet the "Encroachment Area"; and GPIN: 2433-27-3415 — City Property GPIN: 2433-15-9940 (345 Tuna Lane) 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 EXHIBIT "A" LOCATION: LOT 149, SANDBRIDGE SHORES NORTH, SECTION 1-B GPIN 2433-15-9940 SHEET 1 OF 1 FOR: DONALD & DEBORAH SNYDER AT: 345 TUNA LANE VIRGINIA BEACH, VA 23456," a copy of which is attached 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 2 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. It is further expressly understood and agreed that the Grantee shall establish and maintain a variable width riparian buffer, which equates to an average of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of salt-tolerant shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; an access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured 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 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. 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 4 ($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, Donald Snyder and Deborah Snyder, 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 , 201_, 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 201_, 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 6 DM4 Sthi By Donald Snyder, Owne By AiLe7MickDeborah Snyder,Snyder, Ow r STATE OF CITY/COUNTY OF l4 twit: The foregoing instrument was acknowledged before me this/okay of N.1-1) , 2015, by Donald Snyder and Debora Snyder, husband and wife. �� A -SEAL) No ary Public Notary Registration Number: ` 9,301 • 8 V � My Commission Expires:a? /c71 �/ (p 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFF CY AND FORM Alk SIGNATUR- ' • ` . 'A' MEYER, PUBLIC WORKS / REAL ESTATE SENIOR CITY ATTORNEY 11111 10. 3-15 DATE 8 APPROX. 145'TO WOOD DUCK DRIVE N PLAN VIEW VS SCALE: 1"=40' a MB 103,Pg 24 ° a 0 N 49°12'00" 68.87' 0" APO 2 E 4 APO 1 LINE DISTANCES 1-2 35'3" TUNA LANE(60'R/1M 2-3 64'10" 1 APO 3 3-4 16'3" _ 4-5 25'4" / 5-6 46'9" 6-7 26'7" 7-8 14'9" R=50.05' 2 8-9 96'10" A=78. LOT 149 9-10 10'0 SANDBRIDGE SHORES NORTH ;' APO 4 SECTION 1-B -1 EBB N 49°12'00"E 20 1.1' GPIN 2433-15-9940 4° ° C MHW : 0 , is F O MLW 10 B @ PIN NS •A @ PINE TREE 9 TR ! 20 4.5 \ \a U 3' • 3 •\ a T _ ._.._.._ I �" MLW \• • 4 / / TIE DOWNS \ N �� s° A .' /' A-B 67'5" • • \ C c A-1 110'2" APO 4 A', 00 • / A-2 75'7" 1• ).35 I. 5 / A-3 59'11" GPIN 2433-27-3415 ; e' • j / A-4 61'1" PROPOSED A-5 60'5" . REPLACEMENT /44,.• A 6 81'10" \ ) BULKHEAD ` / A-7 97'10" ' 1 / A-8 95'3" b ,.- /'. A-9 78'2" %1 8t. DETERIORATED PIER A-10 69'5" '1 '-i y / TO BE REI�AOVED B- 147'9" b B-2 147'9" DETERIORD BULKHEAD S 57°00'0, 40.00' / B-3 127'9" AIt TO BE REMOVLD / B-4 124'11" \ i• B-5 115'4" ..\ ; B-6 109'6" • i' B-7 108'10" NOTE:UPLAND AREA CHANNELWARD \••\ SAND BROAD INLET �-•, B-8 98 0 OF PROPOSED BULKHEAD TO BE • B 9 12'5" 8-10 2'10" EXCAVATED TO INTERTIDAL AREA ENCROACHMENT EXHIBIT"A" =APPROX.515 SQ.FT. LOCATION:LOT 149,SANDBRIDGE F. SIGMA ENVIRONMENTAL SERVICES,INC. SHORES NORTH,SECTION 1-B 1513 SANDBRIDGE ROAD GPIN 2433-15-9940 VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 SHEET 1 OF 1 REVISED:7-1-2015, 8-24-2015 APOs: PROJECT: REPLACEMENT BULKHEAD, FOR:DONALD&DEBORAH SNYDER BACKFILL 1.MICHAEL&DARLENE KWIATKOWSKI AT: 345 TUNA LANE 2.2801 WOOD DUCK LLC VIRGINIA BEACH,VA 23456 DATUM: 0.00'MLW=-0.4' 1929 NVGD 3.TIMOTHY&KARLA GILL 4.CITY OF VIRGINIA BEACH DATE: APRIL 24,2015 ~� 5 City of Virg;it iia I ;each c yo ': 2z X, N ,, �„ 5 S Op OUR Now.' VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com In Reply Refer to 0056537 November 3, 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 an Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Sand Broad Inlet, located at the rear of 345 Tuna Lane. 2. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. The applicants—Donald and Deborah Snyder—have identified TowneBank as a financial services provider with respect to this application, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- November 3, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, /1;a7:714frir(--- William D. Sessoms Mayor WDS/RRI I I -58- Item -VII-J.5a ORDINANCES ITEM#65360 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE funds from the Federal Emergency Management Agency (FEMA) re Virginia Task Force 2 Urban Search and Rescue Team a. $1,273,582 re personnel costs, equipment and supplies,facility leasing, training and travel Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M Dyer November 3, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM FEMA FOR THE CONTINUED 3 OPERATION OF THE VIRGINIA TASK FORCE 2 4 URBAN SEARCH AND RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $1,273,582 is hereby accepted from the U.S. Department of Homeland 10 Security, Federal Emergency Management Agency, and appropriated, with federal 11 revenues increased accordingly, to the FY 2015-16 Operating Budget of the Fire 12 Department for the FY 2015-16/2016-17 Cooperative Agreement Grant that continues 13 operation of the Virginia Task Force 2 Urban Search and Rescue Team. 14 15 2) 2.25 FTE of current grant-funded positions are hereby approved for the 16 duration of the grant expenditure period and conditioned upon continued grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of November 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .)0A/1/.9 a Budget and Management Services Cit y's ffice CA13506 R-1 October 7, 2015 I I II i -59- Item -VII-J.5b ORDINANCES ITEM#65361 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE funds from the Federal Emergency Management Agency (FEMA) re Virginia Task Force 2 Urban Search and Rescue Team: b. $1,700.000 re expenses related to activation, mobilization, deployment and demobilization re Hurricane Joaquin Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE FEDERAL FUNDS RELATED 3 TO THE MOBILIZATION OF THE VIRGINIA 4 TASK FORCE 2 URBAN SEARCH AND 5 RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $1,700,000 in funding from the Federal Emergency Management 11 Administration is hereby accepted and appropriated, with federal revenue increased 12 accordingly, to the Fire Department's FY 2015-16 Operating Budget for costs 13 associated with the Hurricane Joaquin mobilization. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of November 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )D � ° �, .1 Budget and Management Services Eity s 0 fice CA13513 R-1 October 13, 2015 -60- Item -VII-J.6a/b/c ORDINANCES ITEM#65362 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT,APPROPRIATE and TRANSFER: a. $107,250 from the Department of Homeland Security re Police Marine Patrol equipment b. $28,000 from the City Garage Internal Fund c. $ 7,750 from the DEA Seized Assets Special Revenue Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS FOR POLICE MARINE 3 PATROL EQUIPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $107,250 is hereby accepted from the Department of Homeland Security and 9 appropriated, with estimated federal revenues increased accordingly, to the FY 2015-16 10 Operating Budget of the Police Department to purchase nine tactical dry suits, upgrade and 11 replace the engines for two Donzi police vessels, and the replacement and upgrade of 12 electronic components for a Metal Shark Vessel; 13 14 2) $28,000 is hereby transferred from the City Garage Internal Service Fund and 15 $7,750 is hereby transferred from the DEA Seized Assets Special Revenue Fund to the FY 16 2015-16 Operating Budget of the Police Department to this new grant to provide the local 17 grant match; and 18 19 3) The City makes no commitment that the equipment purchased with these grant 20 funds will be replaced should the equipment fail or reach the end of its useful life. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of November 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J')W\ki) Aid Budget and Management Services C' • - orn r ' Office CA13516 R-2 October 22, 2015 -61- Item -VII-J.6d ORDINANCES ITEM#65363 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT,APPROPRIATE and TRANSFER: d. $ 38,227 from the Virginia Department of Behavioral Health and Developmental Services re a full time Administrative Assistant Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 i I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR THE CRISIS INTERVENTION TEAM 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 $38,227 from the Virginia Department of Behavioral Health and Developmental 8 Services is accepted and hereby appropriated, with estimated State revenues increased 9 accordingly, to the Department of Human Services to provide a full-time contractual 10 administrative assistant in the Emergency Services program for the Crisis Intervention 11 Team. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of November 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �, Budget and Management Services Ci y Att. 6 s Office CA13514 R-1 October 19, 2015 I I II i -62- Item—VII-K PLANNING ITEM#65364 1. PI TELECOM INFRASTRUCTURE T,LLC CONDITIONAL USE PERMIT ITEM#1 WILL BE CONSIDERED WITH AMENDED CONDITIONS November 3, 2015 -63- Item-VII-K PLANNING ITEM#65365 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT:Item 1 of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 -64- Item—VH-K.1 PLANNING ITEM#65366 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and CONDITIONED, AS AMENDED, BY CONSENT: 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 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon 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 (GPIN) DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. The Site shall be developed substantially in conformance with the revised Site Plan exhibited to City Council on November 3rd' entitled, "Parallel Infrastructure, Site Plan, Virginia Beach Municipal Center #2, prepared by BC Architects/Engineers, dated November 2, 2015. 2. Subject to the submission of a full structural report that shall be submitted during final Site Plan review, the Tower shall be designed to accommodate a total of four (4) users in order to provide for future location opportunities. 3. A depiction of the location of the required FCC Hazard Safety Signage on the Site and sign diagrams shall be required during detailed Site Plan review. 4. As required by Section 202 of the City Zoning Ordinance (CZO), the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation office (FAA/OE) and shall submit a copy during detailed Site Plan review. No building Permit shall be issued until the Tower is determined to be no hazard to air navigation. 5. The species of the Plant material installed on the property as shown on the Exhibit entitled, "Landscaping Plan, Virginia Beach Municipal Complex #2," shall be subject to the approval of the Development Services Center, Landscape Architect. Any modifications to the Landscaping Plan, as required by the Landscape Architect shall be depicted on the Final Plan. In the event that any of the Plant material required by Section 232 (b) (8) (i) of the City of Virginia Beach Zoning Ordinance dies or becomes diseased, said Plant material shall be replaced with the same species or a species approved by the Development Services Center, Landscape Architect. All Plant material shall be properly maintained and allowed to grow to a height to provide an effective screen of the compound's fence and equipment. 6. To the degree practicable, the applicant shall preserve the mature trees on the Site as much as possible, in lieu of clearing and re-planting trees. 7. The tower shall be a monopole designed to collapse within a radius of fifty (50) feet, as certified by a Licensed Professional Engineer. November 3, 2015 -65- Item—VII-K1 PLANNING ITEM#65366 (Continued) 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 Third day of November, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 -66- ITEM VII-L APPOINTMENTS ITEM#65367 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS.• BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 -67- ITEM VH-L APPOINTMENTS ITEM#65368 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: BRENDA J.ROBERTS Unexpired term thru 06/30/2017 ARTS and HUMANITIES COMMISSION Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, 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: Robert M Dyer November 3, 2015 -68- ITEM VII-L APPOINTMENTS ITEM#65369 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: RICHARD E. GARRIOTT, JR. Five year term 01/01/2016-12/31/2020 BOARD OF ZONING APPEALS Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M.Dyer November 3, 2015 -69- ITEM VII-L APPOINTMENTS ITEM#65370 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: WAYNE McCOY and REAPPOINTED: RICHARD G.POOLE Three year term 01/01/2016—12/31/2018 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 -70- ITEM VII-L APPOINTMENTS ITEM#65371 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: DIANA G.RUCHELMAN Three year term 01/01/2016—12/31/2018 COMMUNITY SERVICES BOARD (CSB) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M Dyer November 3, 2015 -71- ITEM VII-L APPOINTMENTS ITEM#65372 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: WILLIAM D.ALMOND JASON BARNEY JUNE BARRETT McDANIELS R. EDWARD BOURDON,JR. JOSHUA D. CLARK JEANNE EVANS-COX CHRISTY EVERETT KAREN FORGET KENNETH D. JOBE WAYNE McCOY ROBERT S. MILLER,HI JOHN OLIVERI EMILY STEINHILBER One year term 11/01/2015—10/31/2016 GREEN RIBBON COMMITTEE Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 -72- ITEM VII-L APPOINTMENTS ITEM#65373 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: PAIGE CRUNK Three year term 01/01/2016—12/31/2018 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 -73- ITEM VII-L APPOINTMENTS ITEM#65374 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JAMES M. JORDAN,IV and REAPPOINTED: WILLIAM GAMBRELL KATHERINE YESTER PAULSON Three year term 01/01/2016—12/31/2018 HISTORIC PRESERVATION COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 -74- ITEM VII-L APPOINTMENTS ITEM#65375 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: LYNN W. CARWELL MARY ANNE SCHMIDT WALTER A. WHITEHURST Three year term 11/01/2015—10/31/2018 HISTORICAL REVIEW BOARD Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 I I II -75- ITEM VII-L APPOINTMENTS ITEM#65376 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: DONALD H.HORSLEY and REAPPOINTED: RONDALD C.RIPLEY—AT LARGE JAN RUCINSKI- CENTERVILLE Four year term 01/01/2016-12/31/2019 PLANNING COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 -76- ITEM VII-L APPOINTMENTS ITEM#65377 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: THOMAS C.BROWN NANCY CREECH JOHN J.HAWA Three year term 01/01/2016—12/31/2018 RESORT ADVISORY COMMISSION (RAC) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 I I II i -77- ITEM VII-L APPOINTMENTS ITEM#65378 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: MIKE ASCHKENAS Two year term 01/01/2016—12/31/2017 SENIOR SERVICES OF SOUTHEASTERN VIRGINIA Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 -78- ITEM VII-L APPOINTMENTS ITEM#65379 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: NANCY LOWE—ALTERNATE Five year term 10/01/2015—09/30/2020 WETLANDS BOARD Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 -79- ITEM VII-L APPOINTMENTS ITEM#65380 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: CHERYL DAVIDSON Four year term 10/01/2015—09/30/2019 WORKFORCE HOUSING ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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: Robert M. Dyer November 3, 2015 -80- Item -VII-O ADJOURNMENT ITEM#65381 Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 6:16 P.M. (21/14gC/( 6c441 (:Po Amanda Finley-Barnes, MC Chief Deputy City Clerk R th Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia November 3, 2015 I I I i -81- PUBLIC DIALOGUE There being no speakers, the Mayor closed the Open Dialogue November 3, 2015