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JANUARY 19, 2016 MINUTES 111 448\ 6=m' & oy a+ H,Fs, VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 19, 2016 Mayor William D. Sessoms, Jr., called to order the Informal Session in the City Council Conference Room, Tuesday, January 19, 2016, at 1:30 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss arrived late John E. Uhrin arrived late 2 INFORMAL SESSION ITEM#65578 1:30 P.M. 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: 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) • Position of City Manager January 19, 2016 3 ITEM#65578 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 1:31 P.M. Voting: 9-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss late arrival due to work John E. Uhrin arrived late (Closed Session 1:31P.M. - 3:20 P.M.) January 19, 2016 4 okee ZAtt (.2,iB is 1.9f ,i13a 04,0 gO�Utp ., VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 19, 2016 Mayor William D. Sessoms, Jr., called to order the JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING, in Building 19, Tuesday,January 19, 2016, at 3:30 P.M Council Members Present: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss School Board Members Present: Vice-Chair Beverly M Anderson, Chairman Daniel D. "Dan" Edwards, Sharon R. Felton, Dorothy M "Dottie" Holtz, Joel A. McDonald, Ashley K. McLeod, Kimberly A. Melnyk, Carolyn T. Rye, Elizabeth E. Taylor and Leonard C. Tengco School Board Members Absent: Carolyn D. Weems January 19, 2016 5 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING BROADBAND TASK FORCE UPDATE ITEM#65579 3:30 P.M. Mayor Sessoms welcomed Councilman Davenport. Councilman Davenport expressed his excitement about the efforts the Virginia Beach Broadband Task Force has made since adoption of the Resolution to explore the creation of a City and/or a Southside Regional Broadband Authority in order to leverage the Next Generation Network investments made by the City and the Schools. Councilman Davenport welcomed Matt Arvay, Chief Information Officer: Virginia Beach Broadband Task Force January 19,2016 .1•, Broadband Strate Matt Arvay ,_ CIO,City of Virginia Beach Mr.Arvay thanked Councilman Davenport and School Board Member Joel McDonald for their joint efforts in creating this Task Force. Below is the Mission of the Task Force: Broadband TF Mission NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL QF THE CITY OF VIRGINIA BEACH,VIRGINIA,THAT: The City Manager and staff are directed to promptly explore the creation of a Virginia Beach and/or a y, Southside Regional Broadband Authority in order to .4 '41:1, leverage the Next Generation Network investments st made by the City of Virginia Beach and the Virginia • Beach City Public Schools. OI OUq M�nO� January 19, 2016 6 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING BROADBAND TASK FORCE UPDATE ITEM#65579 (Continued) Below are the members of the Task Force: Task Force Members Name Title Organization Ben Davenport City Council Member City of Virginia Beach Joel McDonald School Board,District 3-Rose Hall Virginia Beach Public Schools Edna Baehre-Kolovanl President,Tidewater Community College Tidewater Community College(ICC) Dave Hansen Deputy City Manager City of Virginia Beach Dale R.Holt Chief Operations Officer Virginia Beach Public Schools Matthew B.Arvay Chief Information Officer City of Virginia Beach Ramesh Kapoor Chief Information Officer Virginia Beach Public Schools Rusty Waterfield Chief Information Officer Old Dominion University(ODU) Robin Ying VP for Information Systems TCC Warren D.Harris Director,Economic Development City of Virginia Beach Darrell G.Riddick Chief Technology Officer City of Virginia Beach Neha Patel Director of Technology Virginia Beach Public Schools Wayne Jones Director,Infrastructure Services&Operations ODU Bill M.Macali Deputy City Attorney City of Virginia Beach Aimee K.Sullivan Attorney City of Virginia Beach Below is the timeline of the Task Force since July 2015: The Task Force received a presentation from Blair Levin regarding Gig.U, which is a broad-based group of over thirty (30) leading research universities from across the country. Gig.U's Mission is to quicken the deployment of high-speed networks to universities and surrounding communities in an effort to improve innovation, research, collaboration and economic development. Mr. Levin co-authored The Next Generation Connectivity Handbook, which is a comprehensive guide for communities that want better Broadband for their residents, businesses and community institutions. The Handbook provides a synopsis of what is going on across the country and addresses the most common questions Gig.0 received during their work with various communities. The Handbook provides information regarding the economic impact of Broadband as well as the legal and financing issues, trade-off approaches,political challenges and negotiations with private parties. This Handbook was instrumental in assisting the Task Force in determining the strategy options and goals they established: Task Force Timeline •Task Force(TF)has met 5 times since July 2015 • TF members and broadband authorities made presentations to enable everyone to have same level of understanding • White paper developed on broadband issues,challenges,and efforts in other cities • Blair Levin presented the Gig.0 Handbook(Next Generation Network),providing a foundation for the City's broadband efforts Gig.0 January 19, 2016 7 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING BROADBAND TASK FORCE UPDATE ITEM#65579 (Continued) Below are the Strategy Options the Task Force had to consider: Strategy Options • Create an Authority: • Examples in the State of Virginia*(Mid-Atlantic and Eastern Shore) • Expand Network: • Examples are Santa Monica,CA and Santa Fe,NM** • Form Public/Private Partnership: • Examples are Kansas City,MO,and Raleigh,NC** • Contract out: • • Example is Los Angeles,CA** • "Put your head in the sand"(Do Nothing): • Examples"too many to count'** *City of Virginia Beach High-Speed Broadband Working White Paper,August 25,2015,ComlT "The Next Generation Network Connectivity Handbook,Vol.1.0,July 2015,Gig.U,Blair Levin and Denise Linn The Task Force used the criteria below in the Strategy selection. It was necessary to gain a better understanding of the current investment in fiber. The Schools invested nearly $12-Million in their network in 2002. Between 2007 -2009, the City invested nearly $15-Million in their network. The City has nearly 115 linear miles of fiber and in the midst of expanding it to 75 additional "off-campus" locations. The Schools have nearly 110 linear miles, connecting 84 locations. The City is currently working with Cox and Verizon on new agreements: Criteria for Strategy Selection Understand or explore the following: 4• {. • Current Investment in Fiber (° • x` i• • Capacity of Current Network* r° f'ax'. ' ' 44 . • Coverage of Current Network* of i.` '•i • Extent of Digital Divide Digital National Broadband Map • Public/Private Partnership Opportunities • Lease,Operate,Maintain,Expand,Investments • Broadband Demand *An audit of the City network is being completed and will be available by the end of February 2016. January 19, 2016 8 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING BROADBAND TASK FORCE UPDATE ITEM#65579 (Continued) The City conducted a random survey of over 900 residents and the early finds are Broadband services are divided between Cox and Verizon: Broadband Demand in Virginia Beach Residential Study* Overview: • Random Sample Survey of 900 Residents: • 325 Cox subscribers • 325 Verizon subscribers • 250 non-subscribers to cable TV • Margin of error of±3 points Finding: Broadband service in VB is divided between Cox(49%),Verizon(47%),and Other(4%) Respondents'Satisfaction with the Choice of Internet Providers: Finding: 75%of respondents were either Very Satisfied or Satisfied *Survey conducted in September/October 2015. Final report due at end of January 2016. Expected to provide more detailed data. In 2013, 70% of residents across the United States have Broadband service in their home. The early findings of the survey show only 8%of Citizens do not have Broadband service in their home: Broadband Demand in Virginia Beach Residential Study Residents Having Internet at Home: • 92%of residents reported they have Residents Having Internet at Home Internet access at home • 8%of residents do not have Internet access No Finding: Virginia Beach's take rate for e% broadband/high speed Internet access outpaces 41110 the national average by 20%points • National average of residents who have high speed Internet access at home is now^'67% (December 2015 Pew Research—down from "'70%in 2013) January 19, 2016 9 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING BROADBAND TASK FORCE UPDATE ITEM#65579 (Continued) Below are the reasons Citizens use Broadband service in their home: Broadband Demand in Virginia Beach Residential Study What Residents Use the Internet To Do 6% Taking a Glass or'. 7% (nrng Homework 4, Finding:Residential broadband services are providing an important economic function in Virginia Beach by allowing people to work from home,bank online,and pursue educational opportunities online Below are the reasons the 8%of Citizens do not have Broadband service at home: Broadband Demand in Virginia Beach Residential Study Why 8%of Residents do not Have Internet Access at Home ,n't Needt garnet y Finding: Demographic analysis determined that the 8%are likely to be older,without children in the home,renting,retired,disabled,or unemployed January 19, 2016 10 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING BROADBAND TASK FORCE UPDATE ITEM#65579 (Continued) Broadband Demand in Virginia Beach Residential Study Awareness of Free Public Wi-Fi in Libraries: Importance of Virginia Beach Providing Free Public Wi-Fi • Of the 8%that did not have broadband at N,Don't Mow home, were they aware of free Wi-Fi in the libraries? • 61%Yes r' 3, a. • 39%No • Of the total respondents,were they aware of free Wi-Fi in the libraries? • 82%Yes • 16%No Findings: 1. The wide majority of residents are aware the City provides free Wi-Fi at the public libraries. Additional locations for Wi-Fi were identified by respondents and included public spaces, housing that services those on fixed incomes,and the future development of Virginia Beach as a desirable business location for tech focused companies. 2. More than 77%of respondents indicated it was important,at some level,for the City of Virginia Beach to provide free Wi-Fi. 1 in 3 respondents indicated it was"very important"(36%). Below are the goals of the Task Force: Broadband Goals 1. Provide a level of excellence in city services 2. Leverage Next Generation Network(NGN)for educational opportunities 3. Explore opportunities to create a unified government network 4. Leverage NGN for economic development opportunities 5. Leverage NGN for regional opportunities i;,,41.j irt 1: January 19, 2016 III 11 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING BROADBAND TASK FORCE UPDATE ITEM#65579 (Continued) Goal#1 is to provide a level of excellence in City services. Below is a map of the fiber network footprint in the City. There are opportunities to connect up to seventy-five (75) additional locations to provide for excellent City services. Also, utilize a "Dig Once"strategy as new roads are built: Goal#1: Provide a Level of Excellence in City Services `8 NcaGeneration Network , • Purpose: Build a Next Generation Network that: �Mwp,„ • Provides excellent city services +, i Can be leveraged for additional benefits tr s Objectives: -/ IF- r 1. Expand fiber network to^'115 miles to 11 connect additional 75 off-campus locations 111 to municipal campus and create network F. redundancy 2. Leverage NGN for the following: • ..„,„.41114/fr.lipiihh. z • Economic development opportunities ®.,... • Educational opportunities ria _,,�,.. •, • Regional opportunities 3. Utilize"Dig Once"strategy for road and utility projects to include fiber and conduit Goal #2 is to leverage non-government networks for educational opportunities. Below is the map of the fiber network footprint in the City, however, the map now includes the Schools network and other higher- educational institutions in the City: Goal #2: Leverage NGN for Educational Opportunities \B N.ceur nom,n". i / • Purpose: Expand connectivity to address educational N needs and opportunities within the city �Yv � sn • Objectives: �� 1. Provide connectivity to higher educational institutions such as ODU,TCC,Norfolk State c,— • `^r"�-14► pl c • !; . University,Virginia Wesleyan College,and Regent �•i / r % University tt � 1. 2. Define and connect Educational Impact Zones � �[� • Utilize wireless technologies 1 o•-- + • Leverage devices v„..' •(-)I0i �.—•• , r Provide computer training .v -• „ ':+,: "• Educational Scenario: What if we connected the City,schools,and Higher Educational Institutions to further collaboration efforts and create new opportunities for students? • These connections would allow for greater public/private partnerships, Connecting City schools with higher education would facilitate for research and technology transfer Into educational pathways from educational pathways in high-demand occupational career high schools through college,thereby creating a pipeline for the areas such as cyber security and entrepreneurship biomedical research Initiative of VB and the greater region • The many transitioning military members of the region would • By reducing annual operating expenses,dollars could be re-directed to benefit from NGN education and training opportunities to student support and/or the development of educational pathways and move them readily Into private sector demand occupations training opportunities and to keep them in the region January 19, 2016 12 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING BROADBAND TASK FORCE UPDATE ITEM#65579 (Continued) Goal#3 is to explore the creation of a Unified Government Network. In other words, combining the City and Schools to share assets to create efficiencies, lower investment costs and reduce the total cost of ownership: Goal#3: Explore the Creation of a Unified Government Network 1.13 New Generation Network 1. ,, • Purpose: Explore opportunities for City and schools to share assets in order to create Nefficiencies,lower investment costs,and reduce _ ` total cost of ownership 1 a �� t 0 ,,,,,,�� • • Objectives: ��. ,�% Explore opportunities to: 1. Establish common architectures Vil 2. Establish a shared services model l• 3. Establish a unified maintenance contract .r...-s wp4b - t _ 4. Collaboratively plan for future requirements and " capacity needs i..«,_ t_ [ I Creeds/Pungo-not to scale 15 I Goal #4 is to leverage Non-Government Networks for economic development opportunities. The map below shows the City's network plus some pre-defined areas, such as the Strategic Growth, special economic growth and target business. This partnership would strengthen local providers by offering middle mile—in other words, be "fiber-ready"to attract and retain businesses: Goal#4: Leverage NGN for Economic Development Opportunities MB New Generation Network , • Purpose: Provide business entities who locate within - ' Strategic Growth Areas(SGA5),Special Economic ,S, / Growth Areas e opp),and Technology Business Target Areas the opportunity to obtain fiber connectivity • Objectives: 1. Make all areas listed above fiber ready • • Have direct access to dark fiber .�� __. 'II • Establish connection points close to borders of neighboring jurisdictions 2. Develop business plan and financial model for 17 �, Middle Mile services (---, 3. Lease conduit and fiber to business entities 4 locating within areas listed above It 4. Develop trans-oceanic onboarding service a1 o delivery plan and long-term lease agreement ^ J with Camp Pendleton i'"":—..-.. 5. Partner to provide Middle Mile services _ _ • 6. Strengthen local service providers by offering a e Middle Mile that they can leverage to serve new customers Economic Development Opportunity Scenario(Middle Mile): • What if a company considers locating to VB within a target area? • By being"fiber-ready"and having predefined areas,an opportunity exists to attract and retain businesses,provide additional job opportunities within the city,and potentially lower connectivity and Internet costs for the businesses January 19, 2016 I 13 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING BROADBAND TASK FORCE UPDATE ITEM#65579 (Continued) Goal #5 is to leverage Non-Government Networks for regional opportunities. This would offer connectivity to adjacent jurisdictions and Broadband Authorities: Goal #5: Leverage NGN for Regional Opportunities LxWoe NmnM -G -I } • Purpose:Offer connectivity to adjacent jurisdictions and broadband authorities • Objectives: i--- /11111, 1. Establish connection points via: ' • e.g.huts or junction boxes 2. Engage neighboring cities to explore ways to •connect 4 "rcr • Self-funding r >t►- -AP" Federal grants a' � " t • Provider incentives i : ,-__ ,. l 3. Consider international opportunities e__ ► IRe I- • Trans-oceanic fiber _ it• n,� 4. Build and style aggregation sites to transport data tii v3, ... and create cost savings(e.g.,VDOT traffic data) 5. Commit to partnering with other cities to share . jr. lessons learned,architecture,business and 1 • ^'— ", ,,,"'" ',f financial plans,etc. l rw.. •�- Regional Scenario: • Connections would allow for greater public/private partnerships What If we connected educational services across jurisdictional for research and technology transfer into educational pathways boundaries to provide better communication and information from high schools through college,thereby creating a pipeline of sharing?This would improve communications between higher education and K-12,expanding pathways for student learning. educated people for the biomedical research initiative of VB and • Connecting city schools with higher education across the the greater region as far West as Richmond region would facilitate educational pathways in high-demand • By reducing annual operating expenses,dollars could be re- occupational career areas such as cyber security and entrepreneurship directed to student support and to development of educational i> pathways and training opportunities Below the map shows what the future could look like in support of the Envision 2040 Goals. The City could lead the effort to build a strong, effective regional collation and leverage investments: Broadband Initiative "Enabling the Future Now" 1 113-----N"''' d �""`�---�.,,. ` � °NVISION 2040 Elements(Goals): —•'•°^ ,, 1) Connected Community: Citizens,businesses and visitors having access to advanced broadband a ' - � t technologies that efficiently and effectively „N supports regional interconnectivity as well as ,,,_,,,,,,n,': global commerce. r- ri,M, I , '' a,." '+ 4 Educators fully employ state of the art '. ;.:..,� Y ;- .- ,/ technology that provides greater accessibility to j resources and teachers thereby maximizing the i» ,-44.1:....\ <� /; 1 III 14 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING BROADBAND TASK FORCE UPDATE ITEM#65579 (Continued) Broadband Initiative "Enabling the Future Now" ENVISION 2040 Elements(Goals): ,613 NCH Generation Now,* 'f t,: I 3) Diverse Community:The community is a .0 . . recognized international leader for being inclusive and celebrating diversity In all of its forms. Minority student performance leads the nation. 4) Thriving Community:Business,academic e., L „:v..--ntre.:c• institutions and governments collaborate to .Air—, 4:..._'-'7.-0 .�.K a develop and align the skills of the workforce to :, meet business needs. J We are renowned for medical science research. jI r I'-- r ' Businesses are Innovative and create partnerships .`^`� -:...4• " ,'..._, and entrepreneurial opportunities that sustain the i_ . economy. � • " a L / The synergy from the academic centers -- �: coordinating research results in a culture of entrepreneurship and a continuous flow of p — successful start-up companies. ENVISION 2040 Bold Step of Regionalism: City Council leads the effort to build a strong,effective regional coalition to leverage the region's assets and creates a culture of collaboration for the success of the Southern Chesapeake Bay Region. '9 Below is the VB Broadband Strategy, including Phase I and Phase II: So . . . What is the VB Broadband Strategy? .Phase I(CY 2016—CY 2018) • Expand network(currently appropriated via CIP 3.664) • City facilities • Jurisdictional boundaries • Strategic Growth,Special Economic Growth,and Technology Business Target Areas(Middle Mile) • Adhere to the"Dig Once"strategy for all horizontal projects • Develop a business and financial model in support of the strategy • Develop business relationships with neighboring authorities and providers • Assist with trans-oceanic landings and mini-data center initiative • Create plan to address digital divide • Engage neighboring cities to explore ways to expand connectivity in region • Explore opportunities to connect with GO Virginia initiative • Phase II • Explore opportunity to establish a common architecture between city and schools • Reinvest budgetary savings back into technology • Develop regional strategy • Explore other opportunities for technology collaboration for regional strategy • Expand opportunities with service providers 10 January 19, 2016 15 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING BROADBAND TASK FORCE UPDATE ITEM#65579 (Continued) Mr. Arvay turned the briefing over to a few of the Task Force Members who shares a few thoughts regarding this initiative. Rusty Waterfield, CIO— Old Dominion University, expressed his appreciation to the City and the Task Force for including ODU's input. Mr. Waterfield congratulated the City for having an incredible IT leader in Mr. Arvay — he truly understands IT as both strategic and an enabler. Mr. Waterfield stated there are two (2) extreme foundations to the Strategy. First, is coordinating and leveraging investments towards the strategy, such as working with outside entities. Second, is thinking big, planning big and investing for the long-term. ODU believes advanced Broadband is essential to compete in the global economy. It is also crucial in recruiting and retaining researchers. This strategy supports ODU's Core Mission of research and innovation. ODU has the 2nd largest number of undergraduate STEM HDegrees in Virginia. ODU offers over 80+ online programs, which is critical to research and educational opportunities. This strategy is just the beginning and ODU is proud Virginia Beach is the first city in the Region to take this step. Edna Bahre-Kolovani, President — Tidewater Community College, expressed her appreciation to have been asked to serve on this Task Force. She admitted joining the Task Force initially for "self-serving reasons" as TCC has a need for connectivity between campuses. As she learned more about the Task Force, she realized this is much bigger than TCC's self-serving need. Her role is to take what the Task Force has researched and proposed to a larger context within the Region. She has had conversations with each of the five (5) cities, as well as Hampton Roads Planning Council who will take this as one of its major initiatives for the Region. She has also made a presentation to the Virginia Economic Development. The ability to connect with other higher educational institutions research facilities is monumental, exciting endeavors she hopes will move forward. She is proud to say TCC is the largest provider of high-demand career technology programs in the Commonwealth. Also, TCC is the highest provider in awarding Associate Degrees to African Americans in the Commonwealth. Joel McDonald— Virginia Beach School Board Member, expressed his appreciation for the opportunity to represent the School Board on this exciting Task Force. Mr. McDonald advised it has been enlightening to hear the efforts by many of the partners to meet the needs of community. The question he has had throughout the discussions is "How can we best use the investment we have made in our fiber networks to better meet the needs of the students in our City?" He appreciates the foresight of the School Administration and the leadership of the School's CIO and the Department of Technology as they have been an invaluable part of this Task Force. He views the fiber networks as the people's network and believes the assets should be utilized the best way possible to better Citizens lives. January 19, 2016 16 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING BROADBAND TASK FORCE UPDATE ITEM#65579 (Continued) Councilman Davenport expressed his appreciation to the Task Force Members and the support of the City and the Schools. This initiative has been a major learning experience for him and it became clear early-on the incumbent providers do an excellent job. This is a good opportunity to create "Middle- Mile"and the discussion has begun. This has people talking and the Trans-Atlantic opportunity is major. He advised he is hopeful he will be providing City Council and the School Board with a major update within six(6)months. Senior Task Force Member Comments Rusty Waterfield,Chief Information Officer,Old Dominion University Edna Baehre-Kolovani,President,Tidewater Community College Joel McDonald,School Board Member,Virginia Beach Public Schools Ben Davenport,City Council Member,City of Virginia Beach City Council and School Board Discussion Mayor Sessoms expressed his appreciation to the entire team for their continued work. This portion of the meeting adjourned at 4:•13 P.M. January 19, 2016 I 17 uB di OF UUR N,,,�� VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 19, 2016 Mayor William D. Sessoms, Jr., called to order the City Manager's Briefings in the City Council Conference Room, Tuesday, January 19, 2016, at 4:30 P.M. Council Members Present: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 1 III 18 CITY MANAGER'S BRIEFING BURTON STATION COST PARTICIPATION AGREEMENT ITEM#65580 4:30 P.M. Mayor Sessoms welcomed David L. Hansen, Deputy City Manager. Mr. Hansen expressed his appreciation to City Council for their continued support of this project: filti ; Burton Station SGA Implementation Plan Cost Participation Agreement For Downstream Drainage Improvements Council Briefing January 19,2016 DCM Dave Hansen The purpose of this project is to expand Burton Station Road to Miller Store Road: Burton Station SGA Phase I A 1 _` i Vi ' 1 9, a F i _ , zi--' / 1 i -N - . ■�. p . January 19, 2016 1 19 CITY MANAGER'S BRIEFING BURTON STATION COST PARTICIPATION AGREEMENT ITEM#65580 (Continued) Below is the current funding for this project: Current Funding • CIP 9-085 Utilities and Roads $3,250,000 • CIP 9-091 Roads and Drainage $8,500,000 • CIP 9-081 Acquisition&Infrastructure $6,000,000 • CIP 6-557 Sanitary Sewer SGA $1,600,000 TOTAL Appropriations to Date $19,350,000 The City is pursuing three (3)Right-of-way Easements: ROW & Easements OWNER Right of Way Easement S•J dark Terminal $4,230 2.177 ODIUM Drainage Norfolk Airport Authority 29,326 13,555 DM Joint thnturea,4L.C. 13,506 11,176 TOTAL 127,062 53,610 f BS Lake Drainage January 19, 2016 20 CITY MANAGER'S BRIEFING BURTON STATION COST PARTICIPATION AGREEMENT ITEM#65580 (Continued) Exhibit NS-Drainage _ - P " 00/1 A . P• „:, . i ,, y ■ Wee y Drainage ®TOW Road Alignment e3 Reten on Pond(SMP) Burton Steton Lake Damage 'w Lake Wilght Drainage Below is the downstream drainage improvements: Burton Station Lake & Downstream Improvements /, ,''1 L;, 1 , 6 January 19, 2016 I III I 21 CITY MANAGER'S BRIEFING BURTON STATION COST PARTICIPATION AGREEMENT ITEM#65580 (Continued) Below are the terms of the Cost Participation Agreement with S&J Truck Terminal: S & J Truck Terminal Cost Participation Agreement Burton Station Lake and Downstream Modifications:NTE$550,000 Requires a sole source determination—Approved. Purpose:Improvements to the Burton Station Lake outfall and downstream conveyance system are necessary to support redevelopment of the Northampton Boulevard Corridor/Burton Station Strategic Growth Area. Description of the work: The work entails approximately 3,475 linear feet of drainage system improvements beginning at the southeastern corner of Burton Station Lake,running easterly and crossing Baker Road, terminating at the existing culvert just west of Diamond Springs Road. The work includes:an outlet control weir,concrete paved flumes, reinforced concrete drainage pipe,drainage structures,excavation, grading,utility relocation,paving,erosion control,traffic control,and other related work as shown on the plans titled"Burton Station/Baker Road Drainage Improvement Plans". J S & J Truck Terminal Cost Participation Agreement continued • The City will provide approved construction drawings and specifications. • The City will acquire all necessary easements required to perform the work from nine parcels.Appraisals are underway. • The City will reimburse the developer an amount not to exceed$550,000 for the cost of construction,subject to conditions and modifications acceptable to City Manager and deemed satisfactory to City Attorney. • The developer will secure and pay the cost of any and all permits and bonds required to perform the work. The developer will build the improvements exactly as specified in the City's approved construction plans. . City Council must approve the final Cost Participation Agreement. 8 January 19, 2016 1 II i I i i 22 CITY MANAGER'S BRIEFING BURTON STATION COST PARTICIPATION AGREEMENT ITEM#65580 (Continued) Council Discussion Reference Ordinance Agenda item 1.2. 0i \ , A r Mayor Sessoms thanked Mr. Hansen for his work on this project. January 19, 2016 � III I I i 23 CITY MANAGER'S BRIEFING 15`"STREET PIER ITEM#65581 4:38 P.M. Mayor Sessoms welcomed Douglas L. Smith, Interim City Manager. Mr. Smith expressed his appreciation to City Council for their continued consideration and support of proposed major projects: City Council Public Hearing January 19, 2016 The City was approached by local developers for the proposal to reconstruct the 15`"Street Pier: 15" STREET PIER JANUARY 7 201 January 19, 2016 III i 24 CITY MANAGER'S BRIEFING 15`"STREET PIER ITEM#65581 (Continued) HOW DO YOU CREATE AN OUR PIER PARK RESTAURANT ENTERTAINMENT January 19, 2016 I III i i 25 CITY MANAGER'S BRIEFING 15th STREET PIER ITEM#65581 (Continued) Below is a sense of how the proposed project could look: S245 MILLION MIXED-USE DESTINATION • lodging • New 000 foot WPM per • Rotuma • 800—1.800 spice paikio<key • Rem! • oceanfront ParkRhn 1,1 AMUR pr, IE jltlIYr lifilt Note:mese Illunratfons are tw masses purposes only and not Intended tcdemon#rate final ardtrteotpral design The entertainment component of the proposed project would include an 880-foot concrete Pier and other attractions: Entertainment—Scenic Pier Overlook -SkyWheel—Restaurants—Retail— Fishing— Potential Surfing Hall of Fame—Exhibition &Meeting Space—Park/Plaza IX Note:Ines.illuslratipns xe formassing potronsonInaM anti 05 odtodemonstrate fin al arcfutetturaldesign January 19, 2016 26 CITY MANAGER'S BRIEFING 156:STREET PIER ITEM#65581 (Continued) The Lodging would have a full service national franchise hotel and 330-key vacation ownership/hotel resort LODGING A new approximately 150-200 Room Full Service National Franchise Hotel and an approximately 330-Key Vacation Ownership/Hotel Resort to be Operated by a National Vacation Ownership Company Nme:me:e matvaron:a.e rot ma::m.NepptetonN and nor mlenxd to a.mop:o-ne npa.,cneea�oi eetian The northern end of the site would be the hotel component: HOTEL Minimum of 150.200 Rooms&Suites-Meeting&Conference Space-Food&Beverage Outlet—Indoor&Outdoor Pools - 00_1111 i Note:These Illusvatipnsarefor massing purppsn oMy ane not intended to dennmtrate final arcfiileclutal desipn January 19, 2016 27 CITY MANAGER'S BRIEFING 15th STREET PIER ITEM#65581 (Continued) The southern side of the site would be a new 15th street scenic view and the timeshare component of the project: VACATION OWNERSHIP RESORT O HOTEL Approximately 330-Key Vacation Ownership/Hotel Resort to be Operated by a National Vacation Ownership Company Meeting&Conference Space-Food&Beverage Outlet—Indoor&Outdoor Pools r d 44 4 40Ipoj Nate:These illustrrtionsan for massirq purpousoNv aM rot IM<ndetl Io Aemorisbate final erch'necturN design The Pier would have the sky-wheel plus retail shops and restaurants: PIER RETAIL O RESTAURANTS 'r� ' S %>,, b pt` i Nate:Theseillustratimrsare toy massingpurposesonly,, notiMedSWdengrsVatefinalarchilectureldesign January 19, 2016 1 III 28 CITY MANAGER'S BRIEFING 15'"STREET PIER ITEM#65581 (Continued) The Public Park/Plaza would align with 15`"Street and create a "gateway"to the new Pier: PUBLIC PARK/PLAZA r.,40**- ' le, . j #% l -�g \.., :,... y e Public ,-- '� $�> f �� ¢ . � a��, I Si /�'i :pr k r rs'P Gateway r r V x, . Between 10,000 „we.. y ;,°, 4 Note:These illurtrrtiomaretor massiry{purposes oNy erM rol iNeMed m demointrate finy archRe<turel deiipn Below is the new 15`"Street Park and Viewshed NEW 15TH STREET PARK B VIEWSHED Ill} - ,1, " ' Public Puk that aligns 15th Street and Pier Creating a New Oceanfront PublidPark Plaza NRe.These illus[rabons are fw musiiq purposes oNv and rot Inendetl m denwmVate M1nei archpectural desipn January 19, 2016 29 CITY MANAGER'S BRIEFING 15`h STREET PIER ITEM#65581 (Continued) NEW 15TH STREET PARK D VIEWSNED 71 � 5)/ ,t ; Park&Pier Alignment with 15th Street NAe.these iIksstrationsare for massing Ourposes only and not Mtesded to demomtrate final archttectural design t xc I v1 i�Nara oat xNi,l suxfAilil U gr VNOtLCI RL�RYSYNIa IIVt STEPS TO January 19, 2016 p 30 CITY MANAGER'S BRIEFING 15th STREET PIER ITEM#65581 (Continued) Below is the current development site. The first step would be to align the roadway at 15th Street to create a Viewshed and better Oceanfront access: CURRENT DEVELOPMENT SITE Ia t , -47 , ,,,,,, h St404 R"'`est' a4s. 4, 'stb� �. u.. tree ' ' . ; ;.;'ids / th 'h see Step I —To alto roadfrq at 156 street to create a view shed ad better eceu rat atxess 1KrarI�a(,M„A�KA�,rSOMA r,foe.PAoJ«,AIPA�zE_‘,, Below is a rendering of the new 15th Street Pedestrian Connector: PROPOSED NEW 15TH STREET PEDESTRIAN CONNECTOR The Joint Venture would agree to trade the City of Virginia leach 60 feet of private property at the end of 15"Street to create a new 15"Street Oceanfront connector and auto a viewshed,in return for die equirafent amount of property the al owns on 14s Street i ,, r . '� .„ ;1:!:."...''' i th 7am 3 saveet thstrePt �,, � r .'. ,µ.w ' � ka • • s4r � i .f ' ,u.k-,,,: is f:-°� a, ,# - Strep ` <e‘ January 19, 2016 i 31 CITY MANAGER'S BRIEFING 15"STREET PIER ITEM#65581 (Continued) The proposal is to move the Pier and connect it to the new 15"'Street: MOVE PIER TO ALIGN WITH THE NEW 15TH STREET ef'„ 4.4op . . .„,, . _, / ,, , J., , , f r �' �� Isth � ' 45 • sem, New Pedestrian Connector to be Developed in Alignment with IS”Street.Pier Aligns with new IS Street Pedestrian Connector and 15"Street to crate a Dramatic View Shed v... v v 15TH STREET 4.� *It, A r PIER AND +l PEDESTRIAN 1 CONNECTOR :,. ALIGNMENT 1 4 J r' ' DEVELOPMENT t OPTION 03 This would require developer to convey to the city 60 ft of private propertyat theterminuse tS° ;'. street to align the 15^street -- pedestrian mnnechnr with 15" street and the new pier, preserving vistas and providing itZ _ beach access for the proposed �.-. parkirg garage.The city would _ convey back to developer 60ft 't (currently 14'"street pedestrian t t connector) i rare rne>•enwm,�b�.,,r.mrm,wry p�aroR:onp,na na,wn.na.a,oa.r�wn,o-.e nna.r�nio-evoi arsran January 19, 2016 32 CITY MANAGER'S BRIEFING 15th STREET PIER ITEM#65581 (Continued) The Developers have proposed to sell the City up to 75 additional feet of property to create a new City Park/Plaza and Pier Gateway: OPPORTUNITY: 15TH STREET PARK/PLAZA `411 •�'.• ;` � x• N ..' ' z i r„ e i . _0,, Reye/PYj fle \ ;:✓ . . , , , ` d...„...:,.. ,,,.... ., . i J » 1St,Ste _ ,' xr - /• r Pt The Joint Venture would Agree to Sell to City up to 75 additional feet of property if City Desired to create a new City Park/Plazaanc Pier,Gatprfaygo, ,„,„,��qw PRIVATE DEVELOPMENT Nek ' eve/P/m nr � `,� � .. . �u lat6s„, 'ff _ ,g,. _, Strom a f' � t I • r 'fix. L- .c , �. ` lS� ,ars .?�;.. 3' /' S ; 15t°Street Pedestrian Connector combines with additional purchased land that could create a Public Park/Pbn and improving the viewshed from AtbntidPatihc Avenue on IS'b Street January 19, 2016 33 CITY MANAGER'S BRIEFING 15t"STREET PIER ITEM#65581 (Continued) PRIVATE DEVELOPMENT eH'Cft r r' :14N7 st,e N. et sr.0t Once Streets are realigned and new pier development is approved,private development will commence construction of approximately 330 Keys Vacation Ownership Resort a 150-200 Room Hotel,an 880 Ft Concrete Pier with retail,restaurants, and entertainment an 800—Sp00 space parking garage;and 68,428 SF of Atlantic Avenue Retail and Office Space.=� Iht kP.PI FNOM PA(rAGE SUBMIrff�BV PPnlf rl Pf PP�til NiHilVl A 900-1,000 space parking garage would be constructed to support the retail shops, hotel guests and timeshare owners. There will be a potential for public parking: PRIVATE DEVELOPMENT r, s� - - � S - Ncenf Ne ce s s 1A' %era//8 P. New 800 — 1,000 Space Garage is Constructed for Retail & Hotel/Vacation Ownership Use and Potential Public„Parking,,, , µ„ A January 19, 2016 34 CITYMANAGER'S BRIEFING 15`h STREET PIER ITEM#65581 (Continued) RIVATEDEVELOPMENT ._, DE •--,,,•--,,,. New 1 P W City P, be44,Pment Iq thstrQ` et 5/60 Pas "ra)Bae tav;�B :' Igth stree 444444, Str 68,428 SF of Atlantic Ave Retail & Office Below are the next steps from the Developers position: NOW WHAT? NEXT STEPS T MAKE IT HAPPEN Aw I:"" ., —. January 19, 2016 35 CITY MANAGER'S BRIEFING 15`"STREET PIER ITEM#65581 (Continued) • _ '111111.1 tee �. .sem. • • I u�� -1 „j nom' END Mayor Sessoms thanked Mr. Smith for the presentation. January 19, 2016 36 CITY COUNCIL'S COMMENTS ITEM#65582 4:47 P.M. Councilman Moss expressed concern regarding a proposal for the current HOV lanes to the high- occupancy toll lane (HOT lane). The proposal is for the HOV lanes between Greenbrier to the Naval Base. Councilman Moss advised money is not made during the HOV peak hours but actually during the non peak hours and, as such, there will be no impact and no material traffic congestion reduction. He feels this is actually just a way of raising revenue and this needs a lot more public discussion. Mayor Sessoms advised Hampton Roads Transportation Accountability Commission (HRTAC) has nine (9)projects in the Region to fund and the reality is the available funding is nowhere close to the actual costs. Tolls, HOT lanes and a proposed gas tax increase are being considered in order to fund the projects. HRTAC is also considering reducing the total projects to three (3) or four (4). HOT lanes are being pushed by VDOT but the upfront information he has seen is the expense of converting to HOT lanes is more costly than the revenue generated. So until more information is provided, he feels this may not be a wise business decision and, as such, may not even happen. Councilman Moss reiterated that the conversion of the HOV lanes to HOT lanes will not reduce traffic. January 19, 2016 37 CITY COUNCIL'S COMMENTS ITEM#65583 (Continued) Councilman Moss advised Legislative proposals are in the General Assembly dealing with how Condemnation Compensation might be paid. He asked the City Attorney to provide information so the City Council could take a position as a body. January 19, 2016 38 CITY COUNCIL'S COMMENTS ITEM#65584 (Continued) Council Lady Ross-Hammond advised Top Golf opened last week and she is excited to have 450 additional jobs added in the City. She spoke with the National Executive and was told this recreational facility is far exceeding the attendance every other location in the Country. January 19, 2016 39 CITY COUNCIL'S COMMENTS ITEM#65585 (Continued) Council Lady Ross-Hammond advised the Kempsville EMS received an additional Grant with a 50/50 match. A sixth ambulance has been ordered and it will be the first to have all ambulances equipped with a hydraulic power-loading stretcher. January 19, 2016 I III i 40 CITY COUNCIL'S COMMENTS ITEM#65586 (Continued) Council Lady Henley advised, she along with Mr. Macali and Ms. Lasley, attended the Sandbridge Civic League meeting last night and provided the information regarding Event Homes. The discussion was good spirited and we communicated the presentation is simply the starting point for the discussions to take place and we are going to work hard with both sides to reach an agreement. January 19, 2016 41 CITY COUNCIL'S COMMENTS ITEM#65587 (Continued) Vice Mayor Jones advised there was a lively discussion this morning at the Development Authority meeting regarding projects utilizing the State Tourism Development Financing Program. After discussion, the Development Authority Voted to indefinitely DEFER any action on the use of this financing program until additional public vetting has occurred. A copy of the letter from Mr. Harris — Director, Economic Development Department, is made part of this record. January 19, 2016 r . VIRGINIA BEACH January 19, 2016 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Subject: Projects Utilizing the State Tourism Development Financing Program Dear Mayor Sessoms and Members of City Council: The Virginia Beach Development Authority(VBDA) was given a presentation of the 27`h • Street Hotel project by Patti Phillips, Director of Finance, and Doug Smith,Acting City Manager. After discussion, the VBDA passed a motion to request City Council indefinitely defer any action on the use of the state's Tourism Development Financing Program until additional public vetting has occurred. It was suggested that the community needs to better understand the impacts of this program as well as the potential use of other incentive programs offered by the city. It was also suggested that organizations like RAC, the Hotel Motel Association,the HRCC, and the community at large be invited to participate in future discussions. The VBDA stands prepared to work with staff and the community to further evaluation of this program. Sincerely, 014^.— Nr*giltrZ Warren D. Harris Director Department of Economic Development Department WDH:lla c: Members of City Council Virginia Beach Development Authority Douglas L. Smith, Acting City Manager Mark R. Wawner, Economic Development 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894 42 AGENDA REVIEW SESSION ITEM#65588 4:55 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT the continuation of the Southeastern Public Service Authority (SPSA) as the Regional Solid Waste Management System 2. Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with S&J Truck Terminal, Inc. re Burton Station/Baker Road drainage improvement project 3. Ordinances to AUTHORIZE the ACQUISITION of property: a. Culvert/drainage improvements at Muddy Creek and Indian River Roads b. 566 Oceana Boulevard re William G. Lilley Trust 4. Ordinance to AUTHORIZE$1,250 reimbursement re employee legal fees 5. Ordinance to TRANSFER$167,000 within the Sherf's Budget COUNCIL LADY HENLEY WILL ABSTAIN ON ITEM#3a January 19, 2016 III 43 AGENDA REVIEW SESSION ITEM#65588 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. SANTIAGO LIVARA, III and SLACSCAR, LLC for a Conditional Use Permit re auto repair at 129 Pennsylvania Avenue(Deferred:January 5, 2016)DISTRICT 4—BAYSIDE 2. AMEND Section 801 of the City Zoning Ordinance (CZO) re Farm Stands (Deferred: December 1, 2015) MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 ITEM#2 WILL BE DEFERRED TO FEBRUARY 2,2016 January 19, 2016 I II i I 44 ITEM#65589 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: 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 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) 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 January 19, 2016 I II 45 ITEM#65589 (Continued) Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:02 P.M. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin stepped out (Closed Session 5:02 P.M. - 5:50 P.M.) January 19, 2016 46 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 19,2016 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,January 19, 2016, at 6:00 P.M Council Members Present: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Chaplain Lt.Joseph Gilliam Naval Air Station Oceana 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. January 19, 2016 47 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. January 19, 2016 I III 48 Item—VII-E CERTIFICATION ITEM#65590 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSIONS TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 III 1- h Ok w� '" L? .-1'U; Il t .m :=5 S O:\OUR R1S RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#65578 Page 3,and ITEM#65589 Page 45, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser,MMC City Clerk January 19, 2016 111 49 Item -VH-F MINUTES ITEM#65591 Upon motion by Councilman Dyer, seconded by Councilman Davenport, City Council APPROVED the MINUTES of the CLOSED INTERVIEW SESSIONS December 11, 2015, and the INFORMAL and FORMAL SESSIONS of January 5,2016. Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 50 ADOPT AGENDA FOR FORMAL SESSION ITEM#65592 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 19, 2016 51 Item -VII-H-1 MAYOR'S PRESENTATION ITEM#65593 RESOLUTION IN RECOGNITION Fred Whythe—STIHL Mayor Sessoms welcomed Fred Whythe—STIHL and presented a Resolution declaring January 19, 2016, FRED WHTHE DAY. The Mayor calls upon all Citizens to join the Members of the Virginia Beach City Council in celebrating his forty-four(44)years of dedication and community involvement. Mr. Whythe expressed his appreciation to City Council and considers it an honor to receive this Resolution. Many times he has been asked why Stihl located its business in the City and he always responds because of the talented workforce; the advantage of the deep-water port; Virginia is a "right to work"state; and most importantly, the ongoing support of the City Council. January 19, 2016 I II i I 4 WIC Gs a ` Tiyre RESOLUTION WHEREAS: STIHL INCORPORATED, was one of the first industrial development locations in the City of Virginia Beach. S77HL was brought to the Airport Industrial Park in the early 1970's by the STIHL Family,&ends of another German family firm-- Nepratex,Incorporated-- located in the Park,when Fred Whyte paid a personal visit to his "old Army buddy"and `fell in love" with this diverse East Coast municipality; WHEREAS: Fred Whyte has been a prominent figure in the outdoor power equipment industry for forty- four years. He has served as the Chairman of the Board of the Outdoor Power Equipment Institute,and was also President of the Portable Power Equipment Manufacturers Association; WHEREAS: STIHL has grown through the years,movirng to the Lynnhaven area,and expanding their manufactunngfacility to over 1-million square feet. F}ed Whyte,a S77HL employee for forty-four years,and President of STIHL Incorporated for the last twenty-three years,has been steadfast in his dedication and personal sacrifice to the company,and a primary reason that STIHL has achieved the recognition of the "Number One"selling brand of gasoline-powered-handheld-outdoor-power equipment in America The Virginia Beach location is the headquarters for all United States and worldwide operations. STIHL Group exports to over ninety countries. STIHL products are not only sold in America, they are also built in America; WHEREAS:: Fred Whyte has been an industry visionary,leading numerous initiatives that have improved the competitiveness of the manufacturing sector and generated innovative workforce development programs. In particular, Fred's leadership was instrumental in Virginia Beach becoming the first locality in the Commonwealth to eliminate the Machinery and Tools Tar. He is also an industry leader in the area of robotics and automation technology,establishing the STIHL Inc.Campus as an"incubator/laboratory"where the "Dream It,Do It, Virginia Summer Camp"was invented and continues to serve parents, teachers and students statewide; WHEREAS: Fred Whyte has been an active and passionate member of the Virginia Beach and Hampton Roads communities throughout the Commonwealth of Virginia,serving on the Old Dominion University Board of Visitors,the Children's Hospital of the King's Daughters, Children's Health Foundation Board of Directors,and being recognized by the Virginia Manufacturing Association with its "Frank Armstrong III" service award for his contribution to Virginia Manufacturing;and, WHEREAS: Fred Whyte announced his retirement and passed the STIHL leadership to Bjoem Fischer effectiveJanuary 1,2016, NOW THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize FRED WHYTE and pay tribute to his contributions to help to make Virginia Beach the"best city in the world". BE IT FURTHER RESOLVED: That all citizens join the Members of the Vi ginia Beach City Council in celebrating forty-fouryeats of dedication and community involvement as we declare January 19,2016: FRED WHYIE/S7ULL DAY C. ARIF•n Ben Davenport Cou Y . rte" +� �'��; Bo6 Dyer CouncicLady Bae6ara xenley Con .Lady Shannon C•� •n Sohn'.Moss Counci(Lady(Dr.AmeniaN.Wpss_ Couingilman John E.4lfirin CounciiLady 4Qo '1 ry'Wihon Co names L.'Wood • - 1. - .L� Vice Mayor Lo .1' Jones Mayor'Wi[nwm allirSessoms,Jr. 52 Item -VII-I-1 PUBLIC HEARING ITEM#65594 (Continued) Mayor Sessoms DECLARED A PUBLIC HEARING: ACQUISITION BY AGREEMENT OR CONDEMNATION Muddy Creek Road and Indian River Road Culvert Improvements There being no speakers,Mayor Sessoms CLOSED THE PUBLIC HEARING. January 19, 2016 I III I 53 Item - VII-J ORDINANCES/RESOLUTIONS ITEM#65595 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items 1,2, 3a(HENLEYABSTAIN)/b, 4 and 5. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 54 Item-VII-J.1 ORDINANCES/RESOLUTIONS ITEM#65596 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED,BY CONSENT: Resolution to SUPPORT the continuation of the Southeastern Public Service Authority (SPSA) as the Regional Solid Waste Management System Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 1 A RESOLUTION SUPPORTING THE CONTINUATION OF 2 THE SOUTHEASTERN VIRGINIA PUBLIC SERVICE 3 AUTHORITY AS REGIONAL SOLID WASTE 4 MANAGEMENT SYSTEM AND STATING THE 5 PRINCIPLES UPON WHICH SUCH SYSTEM SHOULD BE 6 BASED 7 8 9 WHEREAS, the Southeastern Public Service Authority ("SPSA") was created in 1976 by 10 concurrent resolution of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and 11 Virginia Beach and the Counties of Isle of Wight and Southampton (the "member localities"), 12 and 13 14 WHEREAS, between 1983 and 1984, Virginia Beach and the other member localities 15 entered into individual Use and Support Agreements that are the fundamental documents 16 defining the duties and responsibilities of SPSA and the member localities; and 17 18 WHEREAS, all of the current Use and Support Agreements will expire on January 24, 19 2018; and 20 21 WHEREAS, SPSA and the member localities are in the process of developing a new 22 Use and Support Agreement to take effect upon the expiration of the current Use and Support 23 Agreement; and 24 25 WHEREAS, the City Council believes that the continuation of a cooperative regional 26 approach to the disposal of municipal solid waste is superior to other alternatives available to 27 the City for the disposal of municipal solid waste and that, accordingly, the continuation of 28 SPSA would be in the best interests of the region, the City and its citizens and businesses; and 29 30 WHEREAS, SPSA has solicited vendors to provide disposal services beginning 31 January 25, 2018, and is currently negotiating with the vendors that have submitted proposals; 32 and 33 34 WHEREAS, SPSA is currently negotiating a Good Neighbor Agreement with the City of 35 Suffolk regarding the use of the Regional Landfill in Suffolk to ensure the long-term support of 36 the City of Suffolk and its residents; and 37 38 WHEREAS, while the Regional Landfill provides a substantial benefit to the entire 39 region, the adverse impacts from, and negative perceptions regarding, the Regional Landfill i I II I 40 are limited to the City of Suffolk as the host community and the residents of the City of Suffolk 41 that are affected by operations at the Regional Landfill; and 42 43 WHEREAS, proper solid waste disposal planning requires at least a fifty-year horizon 44 in order to ensure reliable, environmentally sound and cost-effective disposal operations, of 45 which the Regional Landfill is the single most critical component in meeting these objectives; 46 and 47 48 WHEREAS, SPSA has not, to date, indicated a commitment to handling commercial 49 solid waste; and 50 WHEREAS, the Regional Landfill has substantial planned capacity, a reasonable 51 amount of permitted capacity, and an adequate amount of built capacity for current operations; 52 and 53 54 WHEREAS, Cells V and VI at the Regional Landfill have been constructed and are 55 currently in use; and 56 57 WHEREAS, although plans that would extend the life of Cells V and VI are currently 58 under consideration, proper and prudent planning requires having a backup plan; and 59 60 WHEREAS, Cell VII at the Regional Landfill has been permitted by the Virginia 61 Department of Environmental Quality, but has not been constructed; and 62 63 WHEREAS, although the City of Suffolk has granted a conditional use permit (CUP) to 64 allow the construction and use of Cell VII, there is disagreement as to whether such CUP 65 remains valid and in effect; and 66 67 WHEREAS, even if the CUP remains valid and in effect, it contains certain conditions 68 that, by general agreement, should be modified, and 69 70 WHEREAS, by Resolution adopted on April 9, 2013, the City Council declared its 71 support of the continued operation of SPSA after January 24, 2018 as the region's solid waste 72 disposal service provider subject to the certain principles set forth in such Resolution; and 73 74 WHEREAS, the City remains supportive of a regional solution to the disposal of solid 75 waste; 76 77 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 78 VIRGINIA BEACH: 79 2 80 That the City of Virginia Beach hereby reiterates its support of the continued operation 81 of SPSA after January 24, 2018 as the region's solid waste disposal service provider, subject 82 to the following principles to be embodied in the new Use and Support Agreements effective 83 after January 24, 2018: 84 85 1. That a long-term solution to the region's solid waste disposal needs, including 86 commercial solid waste as well as municipal solid waste and having a planning horizon of at 87 least fifty years, be adopted by SPSA; and 88 89 2. That SPSA commit to the expansion of the Regional Landfill to accommodate the 90 region's solid waste disposal requirements for at least the next fifty years, and to that end, a 91 comprehensive conditional use permit allowing such expansion be granted and a fair and 92 equitable Good Neighbor Agreement regarding the Regional Landfill be entered into by SPSA 93 and the City of Suffolk. 94 95 96 Adopted by the City Council of the City of Virginia Beach, Virginia on the 19th day 97 of January 2016. 98 99 100 101 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFI IENCY: 102 ( ,( t 103 104 tiked--�---- -- -_ __ 105 City Manager's Office C y A torney's O ice 106 107 CA-13543 108 January 12, 2016 109 R-1 3 55 Item-VII-J.2 ORDINANCES/RESOLUTIONS ITEM#65597 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED,BY CONSENT: Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with S&J Truck Terminal, Inc. re Burton Station/Baker Road drainage improvement project Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 1 AN ORDINANCE AUTHORIZING THE 2 EXECUTION OF A COST PARTICIPATION 3 AGREEMENT WITH S&J TRUCK TERMINAL, 4 INC., A VIRGINIA CORPORATION, FOR THE 5 CONSTRUCTION OF THE BURTON 6 STATION/BAKER ROAD DRAINAGE 7 IMPROVEMENT PROJECT (CIP 7-036) 8 9 WHEREAS, the City of Virginia Beach (the "City") has developed the Burton 10 Station/Baker Road Drainage Improvement Plans (CIP 7-036) (the "Plans") for the 11 construction of drainage improvements to Burton Station Lake and its outfall and 12 downstream channels (the "Drainage Improvements"); 13 14 WHEREAS, Burton Station Lake is owned by S&J Truck Terminal, Inc., a Virginia 15 Corporation (S&J"); 16 17 WHEREAS, S&J and the City desire to enter into a cost participation agreement(the 18 "Agreement") to construct the Drainage Improvements; 19 20 WHEREAS, the location of the Drainage Improvements is shown on the location 21 map attached hereto as Exhibit A and made a part hereof; 22 23 WHEREAS, pursuant to the proposed Agreement, S&J would construct the 24 Drainage Improvements according to the Plans on file with the Department of Public Works 25 and such other terms as stated in the Summary of Terms attached hereto as Exhibit B and 26 made a part hereof; 27 28 WHEREAS, the City has obtained a sole source determination allowing the 29 Agreement with S&J; 30 31 WHEREAS, the Agreement provides that the City will reimburse S&J for its 32 construction costs, not to exceed $550,000; and 33 34 WHEREAS, City staff has determined that entering into the Agreement with S&J 35 would result in a more timely completion of the Drainage Improvements and allow City staff 36 to focus its efforts on other necessary aspects of the Burton Station Strategic Growth Area. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 That the City Manager is hereby authorized to execute a cost participation 42 agreement between the City and S&J Truck Terminal, Inc. for construction of the Drainage 43 Improvements in the area shown on Exhibit A attached hereto, and in accordance with the 44 Summary of Terms, attached hereto as Exhibit B and such other terms, conditions or 1 I I I it 45 modifications as may be acceptable to the City Manager and in a form deemed satisfactory 46 by the City Attorney. 47 Adopted by the Council of the City of Virginia Beach,Virginia, on the 19th day of 48 January , 2016. APPROVED AS TO APPROVED AS TO LEGAL CONTENT: SUFFICIENCY: ' 61- Dept. of'Public Worksity A� meY;si U ;) APPROVED AS TO AVAILABILITY APPROVED AS TO CO► NT: OF FUNDS: gat:Ut& Cat‘ l/\ l 0._ Finance Department ''1141 -nt CA13468 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\D004\P019\00256366.DOC R-1 January 12, 2016 2 ar l 15 Nil, 4,„ ; fid .-..1 � ��.�L Kryry $* .YL _r ' e"�.` '> b • I ;is ,. ' i � ,.„,.4w . .,..4,,,,4:46', -,,e.c' '': ' 04.::„. - = 2-.-- - i Js sa - `y," n2 + ; ' Af/ j____„ ,.._-,-;r1,;4,,--:... . t,,..., , , .i, - at - , A s` { -)r - iiii; `"� Ye � !, Oa , " sa , :*l, O♦ f� �r�'Sy�� U-MiIli 'y- y S\ F vuaC' Y' «.*e,/ ti tL __ ,- 4t.,."-??,i, --..4.4-7~' *A6 ' ,-.>,---;,,:',-,.5 as _. tor,. ,:,4,.,„, 4 ' ''' - ' ' ' ..„...,-40*:''.1 '' t +0 ' ' 14-43*774At: ' / / /// '' - ..'4,,,,.::/ ift f y x•`' J / i ,,,,,... A / „. ,,,,.. k• `,�• / '.'",:';‘,'/I ..,�i//// t ! �/ y , I !'�" y i� / / ' , 4 i ,/ / / , / -'' i 0-41,1 / /„, ' / // r /, / / // / ,z..;:' / / - -9ki ..,/ ' / e - / ./ .:' ' I., ` 1, f' ',' ;. < o Y wk ty / / / -/ / y ' -\ jam. / ,< /�' .,. 1/ .�� -,,,,..,,, .., ; ..1„,,„,,4,L iik T,..� Xie,„,_,/ `' \k.' �:is ! 1 "e EXHIBIT B SUMMARY OF TERMS BURTON STATION LAKE/BAKER ROAD DRAINAGE IMPROVEMENTS COST PARTICIPATION AGREEMENT DEVELOPER: S&J Truck Terminal, Inc., a Virginia corporation SCOPE OF PROJECT (the "Drainage Improvements"): The Drainage Improvements constituting approximately 3,475 linear feet of drainage system improvements beginning at the southeastern corner of Burton Station Lake, running east across Baker Road and terminating at the existing culvert just west of Diamond Springs Road as shown in Exhibit "A" including: an outlet control weir, concrete paved flumes,reinforced concrete drainage pipe,drainage structures, excavation, grading,utility relocation, paving, erosion control,traffic control, and other related work as shown on the plans entitled"Burton Station/Baker Road Drainage Improvement Plans"(the"Plans"). COST PARTICIPANT: City of Virginia Beach(the"City") CONSTRUCTION COSTS: Developer to construct the Drainage Improvements in accordance with the approved Plans. The City will reimburse Developer based on actual costs in an amount not to exceed$550,000. Payments will be made within thirty days after submission by Developer of a requisition and invoice for costs incurred, and approval of those invoices by the City. CHANGE ORDERS: Costs associated with any Change Orders will be negotiated at the time any unforeseen condition is discovered, or at the time of any City-initiated request for a change. Change Orders must be in writing and be mutually agreed upon. SPECIAL TERMS AND CONDITIONS: Developer will be required to post a performance bond and pay the standard inspection fees. Once construction is complete,all Drainage Improvements shall be dedicated to the City,but the Developer shall have ongoing maintenance requirements as the owner of Burton Station Lake. The City shall acquire any easements necessary to construct the Drainage Improvements. I II 56 Item -VII-J.3a ORDINANCES/RESOLUTIONS ITEM#65598 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED,BY CONSENT, Ordinances to AUTHORIZE the ACQUISITION of property.: a. Culvert/drainage improvements at Muddy Creek and Indian River Roads Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, 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 Abstaining: Barbara M. Henley Council Members Absent: None January 19, 2016 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE MUDDY 4 CREEK ROAD AND INDIAN RIVER ROAD 5 CULVERT IMPROVEMENTS PROJECT, CIP 7- 6 413,AND THE ACQUISITION OF TEMPORARY 7 AND PERMANENT EASEMENTS, EITHER BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists to improve transportation around the City, to improve the public 12 drainage infrastructure and to improve drainage along Muddy Creek Road and Indian River 13 Road, and for other related public purposes for the preservation of the safety, health, 14 peace, good order, comfort, convenience, and for the welfare of the people in the City of 15 Virginia Beach. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 Section 1. That the City Council authorizes the acquisition by purchase or 21 condemnation pursuant to Sections 15.2-1901, et seq., and Title 25.1 of the Code of 22 Virginia of 1950, as amended, of all that certain real property in fee simple, including 23 temporary and permanent easements (the "Property"), as shown on the plans entitled 24 "MUDDY CREEK ROAD AND INDIAN RIVER ROAD CULVERT IMPROVEMENTS, C.I.P. 25 7-063," (formerly CIP 7-413) (the "Project") and more specifically described on the 26 acquisition plats for the Project (plats and plans collectively referred to as the"Plans"),the 27 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 28 Beach, Virginia. 29 30 Section 2. That the City Manager is hereby authorized to make or cause to be 31 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 32 reasonable offer to the owners or persons having an interest in said Property. If refused, 33 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of 36 January , 2016. PREPARED: 12/15/2015 CA13463 R-1 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d010\p023\00251278.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM I I 7 )L ' OF - PUBLIC ' ORKS/REAL ES ATE CITY A ORN 'Y LLEpq *..N c �_NLN - / . :,�•BRDOE . 1\ e§, 4ANRMF.Rp ,r # 11 E II 8 Site '' s 2413-60-6321 n �� NM qv CREEK RD di*. S PROJECT7-------1- 40 �- , 1 i ROI RD � LIMITS SITE 1 � RO a =iii `MP" 8 ` =ROI • in a)@ • #111011041 2412-59-8827 2412-69-1804 . 4 4'U't 4 • / r oe 2412-78-0846 7:11111414p 4 / b. it PROJECT J v LIMITS SITE 2 ��• 2412-88-0715 P tif VP alk Law sal a ft -____ _ 1 1 e V iv 2412-67-6660 A. g0 Legend Q 4 Subject Properties V , Q Project Limits 2412-77-3412 1 PROJ ECT LOCATION MUDDY CREEK RD. AND INDIAN RIVER RD. o CULVERT IMPROVEMENTS CIP 7-413 (Formerly 7-063) 1 ell Prepared by P.W./Eng./Eng. Support Services Bureau 1/14/15 X:\Projects\ARC Files\Agenda Maps\Muddy Creek Rd& Indian River Rd 4 Gr 5 City of Vir irnia Beach vy 2 04, 40 OF OUR NA'0ON VBgov.com BARBARA M.HENLEY PHONE: (757)426-7501 CITY COUNCIL MEMBER-PRINCESS ANNE-DISTRICT BARBARA©BARBARAHENLEY.COM 7 In Reply Refer to 0057065 January 19, 2016 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 declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on An Ordinance to Authorize Acquisition of Property in Fee Simple for Right-of-Way for the Muddy Creek Road and Indian River Road Culvert Improvements Project, CIP 7-413, and the Acquisition of Temporary and Permanent Easements, Either by Agreement or Condemnation. 2. I have an ownership interest in land located at GPIN 2412769658, which is adjacent to property that is the subject of this ordinance. 3. I am a member of a group of three or more persons—property owners whose property is adjacent to the properties that are the subject of this ordinance—and the members of that group are affected by the transaction. 4. Although the City Attorney has advised me that the Act allows me to participate in this transaction upon disclosure of the facts above, I have chosen to abstain from voting on this matter. 3513 CHARITY NECK ROAD,VIRGINIA BEACH,VIRGINIA 23456 Mrs. Ruth Hodges Fraser -2- January 19, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Sincerely, ((d Barbara M. Henley Councilmember BMH/RRI 57 Item-VII-13b ORDINANCES/RESOLUTIONS ITEM#65599 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED,BY CONSENT, Ordinances to AUTHORIZE the ACQUISITION of property: b. 566 Oceana Boulevard re William G. Lilley Trust Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF 19±ACRES OF PROPERTY 3 LOCATED AT 566 OCEANA BOULEVARD 4 (GPIN 2416-28-9567) FROM WILLIAM G. 5 LILLEY REVOCABLE LIVING TRUST 6 AGREEMENT DATED AUGUST 8, 2006 7 8 WHEREAS, William G. Lilley Revocable Living Trust Agreement Dated August 8, 9 2006 ("Lilley") owns 23.721+/- acres of property located at 566 Oceana Boulevard in the 10 City of Virginia Beach, Virginia (the"Property"), as further described on Exhibit A, attached 11 hereto and incorporated herein; 12 13 WHEREAS, Lilley desires to convey 19± acres of the Property(the"City Acquisition 14 Area") to the City of Virginia Beach (the "City") for $998,000; 15 16 WHEREAS, Lilley currently leases the City Acquisition Area to Baillio Sand 17 Company ("Baillio"); 18 19 WHEREAS, Lilley and Baillio have agreed to terminate their lease agreement and 20 Baillio has agreed to relocate his business operations; 21 22 WHEREAS, the City agrees to pay Baillio $250,000 for the interruption to his 23 business operations and will reimburse Baillio up to $65,000 for the relocation of his 24 business equipment; 25 26 WHEREAS, Lilley has expended or will expend certain fees for appraisals, 27 consultation, and engineering expenses, and the City has agreed to reimburse Lilley 28 $18,012 for those fees; 29 30 WHEREAS, the City, Lilley, and Baillio have reached a three-party agreement as 31 outlined in the Summary of Terms, attached hereto as Exhibit B and incorporated herein; 32 and 33 34 WHEREAS, funding for the acquisition is available in the Storm Water Utility 35 Funding (CIP 7-415.018) in order to provide an area for the deposit of dredge spoils. 36 37 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 38 VIRGINIA: 39 40 1. That the City Council authorizes the acquisition of 19± acres pursuant to § 41 15.2-1800 of the Code of Virginia (1950), as amended,which is generally identified as 566 42 Oceana Boulevard and further described on Exhibit A. 43 44 2. That the City Manager or his designee is further authorized to execute all 45 documents that may be necessary or appropriate in connection with the purchase of the 46 Property, so long as such documents are substantially in accordance with the Summary of 47 Terms attached hereto as Exhibit B and made a part hereof and containing such other 48 terms and conditions deemed necessary and sufficient by the City Manager and in a form 49 deemed satisfactory by the City Attorney. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day 52 Of January , 2015. CA13469 R-1 PREPARED: 1/8/16 AP -OVED AS TO • TENT APPROVE r : " : •. L 14 SUFFICV Y A • FO'M i i�Lk4flli, _.,� ... � .._.. 'UBLI 7 0-KS, REA ESTATE CITY ATT V Y APPROVED AS TO AVAILABILITY • FUNDS Af Finance £w '-iio e06.6 EXHIBIT "A" Legal Description of 566 Oceana Boulevard ALL THAT certain tract of land, containing forty seven ( 47) acres, more or less, together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, formerly Lynnhaven Magisterial District, Princess Anne County, Virginia, and bounded and described as follows: BEGINNING at an iron post on the Eastern Shore public road and Ives' line fence to a southeast corner of Braithwaite's property to a post and Waite's line to a post of Chatham Public Road, thence a southerly course along Chatham Public Road to a lead ditch, thence turning and running a westerly course along the center of the lead ditch to the southeast corner of yard fence on the property hereby conveyed. Thence along the said fence to a post in the southwest corner of yard; thence running parallel with land (driveway to Ives Old Homestead) to anther post on Eastern Shore Road; thence along said road to the point of beginning. LESS AND EXCEPT that portion thereof conveyed to the United States of America by Declaration of Taking from Early R. Lilley, Mary Josephine Lilley and others, recorded December 21, 1983, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2303, at page 1009; and LESS AND EXCEPT that portion thereof conveyed to the City of Virginia Beach Virginia by Deed of Dedication recorded December 26, 1985, in said Clerk's Office in Deed Book 2467, at page 320; and LESS AND EXCEPT that portion conveyed to Sean K. Forsyth by Deed from William Glenn Lilley, married, recorded May 12, 1998, in said Clerk's Office in Deed Book 3891, at page 1659; and LESS AND EXCEPT that portion conveyed to the Commonwealth of Virginia for Route 615, recorded in said Clerk's Office in Deed Book 223, at page 555. Reference is also made to Plats recorded in said Clerk's Office on November 30, 1982, in Map Book 162, at page 15, and on November 6, 1997, in Map Book 263, at page 32. LESS AND EXCEPT that certain 4.216 ac. area, which will be retained as the Landowner's residence and a 25' ingress/egress easement over the existing access road between the Landowner's residence and Oceana Boulevard. Said access easement will be extinguished at such time as any road project necessitates the closure of the access and the City provides a replacement access in a location to be determined by the City at the time the 25' ingress-egress easement is extinguished. IT BEING the same property conveyed to William G. Lilley, Trustee of the William G. Lilley Revocable Living Trust Agreement dated August 8, 2006, by Deed from William Glenn Lilley a single person, dated August 8, 2006, and recorded in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, as Instrument Number 20061120001746380. EXHIBIT "B" SUMMARY OF TERMS SELLER: William G. Lilley Revocable Living Trust Agreement dated August 8, 2006 TENANT: Baillio Sand Company BUYER: City of Virginia Beach, VA PROPERTY: Approximately 19± acres located at 566 Oceana Boulevard (GPIN: 2416-28-9567) CONSIDERATION: $ 998,000 Purchase Price $ 250,000 Payment to Tenant for Interruption of Business $ 65,000 Relocation of Tenant's Equipment $ 18,012 Reimbursement to Seller for Costs $1,331,012 Total SOURCE OF FUNDS: Storm Water Utility Funding (CIP 7-415.018) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Seller shall pay its own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. • Property shall be subdivided to delineate a 4.216 +/- acre area to be retained by Seller. Seller may use the retained area as a residential dwelling site and may lease a portion of the property to a commercial tenant. • Seller will retain a 25' ingress/egress easement to allow access to and from Oceana Boulevard. 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' ' ' „,•et'' '•• ,,-4,o,„1Z• ,,,, .•;• ,, *.i.''..,:. _,..'t' • -,, " ' • ' , i . , ,•;•,•„,,. \ I , ' '' . ,,..,:.,,,„„ -,.. \ \ s, \. .), ,, , i. . -, .,. ,,, , ., 4 , „„::,: '*#,, , , —- \ I i ,•.---* .,. — ,' _:, 1 -r- `:, - - ' A ‘ •• isk, ' Atell ' , t :,'e '''' \I ‘0"--:-' ':•, -:- ' A \ \ I 1 It,„ Vrt,,,,' , : ',\ I\ ' ".' 4 t''' \ „ \ 1 I - ,, \ ‘, \ 1\\I ''' \ \, \ I ‘.1 ' Ili ,fl• \ -• , Ni t. \ \ \ I\ , , , 4,, \ \. ' I ' — Ni \i' \ - - ,- ,:„-, 5 ,.,,,4,1, , ,,.........___ .. - ,.....0-.:,t ,, .,. ' ,,, , - %.,•Z-40,24-4,,,-.''''*4 - - .. t7,.. '' 4 '' '' '''''''I'*C'''''''''''''''''''''' , ,, , .=, - , ' '' • --*' - ,,''t '14110,A1 n. , .., , 58 Item-VII-J.4 ORDINANCES/RESOLUTIONS ITEM#65600 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE$1,250 reimbursement re employee legal fees Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 1 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF 2 AN EMPLOYEE'S LEGAL FEES INCURRED IN THE 3 SUCCESSFUL DEFENSE OF A MISDEMEANOR CHARGE 4 ARISING FROM THE DISCHARGE OF OFFICIAL DUTIES 5 6 WHEREAS, a Virginia Beach employee was charged with a misdemeanor for 7 actions arising out of the performance of her official duties; 8 9 WHEREAS, on November 10, 2014, the Henrico Juvenile and Domestic Relations 10 District Court dismissed the charge; 11 12 WHEREAS, in the defense of said charge, the employee incurred legal fees in the 13 amount of$1,250.00 and has requested the City to reimburse her for such fees; 14 15 WHEREAS, Section 15.2-1521 of the Code of Virginia provides that"(i)f any officer 16 or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on 17 any criminal charge arising out of any act committed in the discharge of his official duties, 18 and no charges are brought, the charge is subsequently dismissed, or upon trial he is 19 found not guilty, the governing body of the locality may reimburse the officer or employee 20 for reasonable legal fees and expenses incurred by him in defense of such investigation or 21 charge, the reimbursement to be paid from the treasury of the locality"; and 22 23 WHEREAS, the Department Director and the City Attorney's Office have reviewed 24 the circumstances of this case, assessed the bill submitted by the employee's legal 25 counsel, and determined that the legal fees and expenses are reasonable. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the Director of the Department of Human Services is hereby authorized to 31 expend funds in the amount of $1,250.00 from the FY 2015-16 Operating Budget of the 32 Department of Human Services for the purpose of reimbursing the employee for legal fees 33 incurred by her in defense of said misdemeanor charge brought against her arising out of 34 the performance of her official duties. 35 36 Adopted by the Cou- it of the City of Virginia Beach, Virginia, on the 19th 37 day of January 20 • AP /*V a AS TO • TE/: APPROVED AS TO LEGAL j SUFFICIENCY: c Department of Human Services City�ey's Office CA13550 R-1 December 28, 2015 1 59 Item -VII-15 ORDINANCES/RESOLUTIONS ITEM#65601 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED,BY CONSENT, Ordinance to TRANSFER $167,000 within the Sheriff's Budget re complete horizontal compression adjustments for Sheriffs Deputies Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 1 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN 2 THE SHERIFF'S OFFICE BUDGET TO COMPLETE 3 HORIZONTAL COMPRESSION ADJUSTMENTS FOR 4 SHERIFF'S DEPUTIES 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA, THAT: 8 9 $167,000 is hereby transferred from the Reserve for Contingencies in the 10 Sheriff's Office Special Revenue Fund to the Sheriff's Operating Budget to complete the 11 horizontal compression adjustments for Sheriff's Deputies. 19th Adopted by the Council of the City of Virginia Beach, Virginia on the day of January , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: v Budget and Management Services ' A • y' Office CA13552 R-2 January 6, 2016 60 Item—VII-K PLANNING ITEM#65602 1. SANTIAGO LIVARA,HI CONDITIONAL USE PERMIT 2. CITY ZONING ORDINANCE FARM STANDS MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 ITEM#2 WILL BE CONTINUED TO FEBRUARY 2,2016 January 19, 2016 61 Item -VII-K PLANNING ITEM#65603 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Items 1(MAYOR ABSTAIN) and 2 (DEFFERD TO FEBRUARY 2, 2016) of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 111 62 Item—VII-KI PLANNING ITEM#65604 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of SANTIAGO LIVARA,HI and SLACSCAR,LLC for a Conditional Use Permit re auto repair at 129 Pennsylvania Avenue (Deferred.' January 5, 2016) DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SANTIAGO LIVARA, III and SLACSCAR, LLC for a Conditional Use Permit re auto repair at 129 Pennsylvania Avenue(Deferred:January 5, 2016) (GPIN 1467849327) DISTRICT 4—BAYSIDE The following conditions shall be required: 1. Except as modified by any other condition of this Conditional Use Permit, the site shall be developed in substantial conformance with the Site Plan entitled "PHYSICAL SURVEY OF 129 PENNSYLVANIA AVENUE, VIRGINIA BEACH, VIRGINIA, FOR: SHOU YAN LIN & CHUAN JIN SUN. EXHIBIT FOR CONDITIONAL USE PERMIT, 12/09/2015, " dated February 28, 2006, prepared by Stephen I. Boone &Associates. Said Plan has been titled by Staff "SITE PLAN AMENDED FOR CITY COUNCIL JANUARY 19, 2016, " and has noted the revised conditions. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The site shall not be striped or no vehicle shall be parked on the site such that the vehicle backs out of the parking space into the public right-of-way. Parking in front of the building shall be limited to the spaces located along the northern property line, parallel to the street, as shown on the revised Site Plan exhibited to City Council on January 19, 2016. 3. No less than five (5) planters shall be installed in front of the building. The planters shall be situated to prevent any parking directly in front of the building. The planters shall have a minimum height, width or depth of two (2) feet, and shall be reviewed and approved by the DSC Landscape Architect prior to the issuance of a Certificate of Occupancy. 4. All on-site signage shall meet the requirements and regulations of the City Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. 5. No outdoor vending machines and/or display of merchandise shall be allowed. 6. No motor vehicle repair work shall take place outside of the building. 7. No outside storage of tires,parts or equipment shall be permitted. Any vehicle in this condition requiring storage shall be stored within the building. 8. No outside storage of tires,parts or equipment shall be permitted. January 19, 2016 63 Item—VII-K.1 PLANNING ITEM#65604 (Continued) 9. This Use Permit is temporary and shall be valid no more than ten (10) consecutive years following the date of City Council approval. After said duration of time,per Section 221(k) of the City Zoning Ordinance, the Zoning Administrator may extend the Conditional Use Permit administratively. 10. A solid fence and gate, not less than six (6)feet in height, shall be installed from the front (northeast) corner of the building, extending to the northern property line, as shown on the revised Site Plan. 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 Nineteenth day of January, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: None January 19, 2016 1 11 1 I a a • , b •, '' , SIM PLAN AMENDED FOR CITY COUNCIL. . , JANUARY 19 2016 . , , ..._ i 4 BAY DOOR ,1 • '- ' - y,::,•-.0. 0, ,1 I ' 1 , ;.--? 1 .; ea( it' .. _ LIU Ce ! EEI .--) '.! ..4-1 -__ • r PLANTER S TO BE LOCATED TO PREVENT PARKING DIRECTLY IN w. 1 5/c• fl I .(, FRONT OF BUILDING < : (LOCATION SHOWN IS PRIVACY FENCE AND GATE APPROXIMATE) (NOT LESS THAN C*IN HEIGHT) (CoixIILIon SS] , BAY DOOR\ 1CoadIllon*101 : .11 • 111,144110, „,,,.10.1.06111 001 ion 0\11 • M • II • -444111N1401 . -. 1 I 01 • ' PARKING LIMITED TO TINS AREA PARKING IN THIS AREA ,- :V ,.-- '':. ' - -' \ (SPACES TO BE ARRANGED ,1,--- .,_ ,- , • PARALLE TO PENNSYLVANIA CANNOT BE SITUATED SO - - - _ 1 THAT CARS BACK OW INTO 1 J. --4,z"' , :,:-.-: '''‘ - , • AVE.} THE RIGHT-OF-WAY 100adli011121 -,--- (Cord.***OA -s , ;• \ , E E- , ,, I .f 't. 'i ; ..).1 L.V A 1 r''', '''. ',' NE.J F 'i ‘:-..,1-. ' '7",.; FLAG POLE TO BE MOVED i '1 I (... CF i.)-i i F 'E.,'4 7,r ':-AN.,", ,v.,-_,Ni.,1,-- , vr,::_,;',1 2'., PF 41-.-. . 1-;•t, t':;,', LCT. .:-..2, L:3 & 21, HI E. ‘ K - EA-3 4, , r- % ... Lk E E,f;'-' 1.4.'; '''e . ,' 1. .. . 1.. z". .=.1 . .., .. •., I of r-01" . �� i y:rz5, City of Virgirzia Beach Op OUR NoOs VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYORBUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms®vbgov.com In Reply Refer to 0056929 January 5, 2016 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 the application of The Unitarian Church of Norfolk for a Conditional Use Permit for Religious Use at property located at 809 South Military Highway and owned by Skanska USA Civil Southeast Inc. 2. I have a personal interest in TowneBank, which is located at 600 22"d Street in Virginia Beach. 3. The applicant has identified TowneBank as a financial services provider with respect to this application, and I will abstain from voting on this matter. I III i Mrs. Ruth Hodges Fraser -2- January 5, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, Wi liam . Sessoms Mayor WDS/RRI I II i I 64 Item—VII-K.2 PLANNING ITEM#65605 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO FEBRUARY 16, 2016, BY CONSENT: Ordinance to AMEND Section 801 of the City Zoning Ordinance(CZO)re Farm Stands (Deferred:December 1, 2015) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 I III 65 ITEM VI-K APPOINTMENTS ITEM#65606 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 CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD-CSB HAMPTON ROADS PLANNING DISTRICT COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH HEALTH SYSTEMS ADVISORY BOARD WETLANDS BOARD Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 I III I 66 ITEM VI-K APPOINTMENTS ITEM#65607 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: DORCAS HELFANT-BROWNING One year term 01/01/2016-12/31/2016 HAMPTON ROADS ECONOMIC DEVEL OPMETN ALLIANCE Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 67 ITEM VI-K APPOINTMENTS ITEM#65608 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: SHARON PRESCOTT Three year term 01/01/2016—12/31/2018 HISTORIC PRESERVATION COMMISSION Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 68 ITEM VI-K APPOINTMENTS ITEM#65609 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JOE McGRAW Three year term 01/01/2016—08/31/2019 PARKS and RECRATION COMMISSION Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 69 ITEM VI-K APPOINTMENTS ITEM#65610 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: TYLER BROWN Three year term 01/01/2016—12/31/2018 RESORT ADVISORY COMMISSION-RAC Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 HI 70 ITEM VI-K APPOINTMENTS ITEM#65611 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: COURTNEY LaLONDE Four year term 01/01/2016-12/31/2019 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 19, 2016 71 Item -VI-N ADJOURNMENT ITEM#65612 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:12 P.M. AMM d Amanda Finley-Barnes,MMC Chief Deputy City Clerk Rut/ Hodges Fraser,MMC William D. Sessoms,Jr. ity Clerk Mayor City of Virginia Beach Virginia January 19, 2016