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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 15, 2016
Mayor William D. Sessoms, Jr., called to order the City Council's Briefing in the City Council
Conference Room, Tuesday, March 15, 2016, at 2:30 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
2
CITY COUNCIL'S BRIEFING
COMMUNITY ORGANIZATION GRANT(COG)
ANNUAL REPORT
ITEM#65732
2:30 P.M.
Mayor Sessoms welcomed Kim Thumel — Member of the Community Organization Grant (COG)
Committee. Ms. Thumel advised Dr. Jenkins is ill and unable to attend today's presentation. Ms. Thumel
expressed her appreciation to City Council for their continued support:
Overview
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Below is an overview and the purpose of the COG:
• Community Organization Grants (COG) awards monetary
grants to qualified non-profit organizations to encourage these
agencies to provide services that affect the quality of life of
residents of Virginia Beach. Financial and service delivery
reports are required from those agencies awarded grant
funding.
• Only non-profit {501 (c) (3)} organizations are eligible.
• Funding must serve only Virginia Beach residents.
• Awarded organizations must submit financial recordsN.
and year-end performance data.
March 15, 2016
3
CITY COUNCIL'S BRIEFING
COMMUNITY ORGANIZATION GRANT(COG)
ANNUAL REPORT
ITEM#65732
(Continued)
The COG Committee is made-up of a diverse group of individuals:
• In FY 1993, City Council established the COG Review and Allocation
Committee to review applications and make recommendations for all
grant requests filed under the COG program.
• Membership Composition:
(1)Citizen at Large Selected by Mayor
(4)Citizens at Large Selected by City Council
The Director of Public Health
A Representative from the United Way
A Representative from the Library Board
A Representative from Hampton Roads Community Foundation(Formerly
Va Beach Foundation,which merged with the Norfolk Foundation in
2010)
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Below is COG's schedule:
. OGS ht:`t"1tf:.
• March 6:Application Period Opens(City emails previous award winners,
publishes notice in the Beacon, Posts notice on City's Web Site. and
Advertises via Social Media)
• April 1:Applications Due
• April 1 —April 14: Budget and Management Services reviews for compliance.
• April 15: Qualified applications provided to COG Committee
• May 5: COG Committee Planning meeting
• May 11-12: COG Committee interviews organizations
•� • June 3 Award Letters are mailed
3
March 15, 2016
4
CITY COUNCIL'S BRIEFING
COMMUNITY ORGANIZATION GRANT(COG)
ANNUAL REPORT
ITEM#65732
(Continued)
The services provided to City residents by Cog are identified below:
• 400 Attendance for Educational Activities to Seniors
• 170,000 Meals Provided to Low Income Residents
• 5,000 Transportation Trips Provided to Seniors
• 4,000 Hours of Peer Counseling Provided to Citizens with
Disabilities
• 3,600 Hours of Home Assistance Provided to Seniors
• 2,468 Contacts with Victims of Domestic Violence
• 1,640 Contacts with Runaway Youth
4
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• 280 Children Seen for Child Abuse Evaluations
• 2
50 Cancer Patients Received Counseling
100• Homeless Adults Received Case Management
• 9
2 Dental Services Provided to Low Income Residents
• 75 Baby Cribs Provided to Low Income Parents ofInfants
• 39 Youth Participated in Career Development Programs
• 32 Legal Services Provided to Low Income Residents
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5
March 15, 2016
5
CITY COUNCIL'S BRIEFING
COMMUNITY ORGANIZATION GRANT(COG)
ANNUAL REPORT
ITEM#65732
(Continued)
Below is the Budget history of the Committee:
5700 010
SGOC 000
5000.000
--_--
5300,000
S200.00[)
03 04 05 01 07 08 04 10 11 12 13 14 15 16
The Committee requested funding of$1.10 per capita. For a perspective, this would match the funding
for the Arts and Humanities Commission:
1 60 1 0,2
1 40
1.20
100
090
0 80
0 60
040
020
08 15
7
March 15, 2016
6
CITY COUNCIL'S BRIEFING
COMMUNITY ORGANIZATION GRANT(COG)
ANNUAL REPORT
ITEM#65732
(Continued)
Below are the organizations funded in the last five (5)years:
s
8
Mayor Sessoms thanked Ms. Thumel and the entire Committee for their dedication and diligence.
March 15, 2016
7
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
Memorandum of Understanding
ITEM#65733
2:38 P.M.
Mayor Sessoms welcomed Brian Solis, Interim SGA — Transportation Planning Manager. Mr. Solis
expressed his appreciation to City Council for their continued support:
Virginia Beach Light Rail Extension
to Town Center Project
Memorandum of Understanding
City Council Briefing
March 15,2016
Brian S.Solis,AICP,LEED Green Associate
Interim SGA Manager/Transportation and Transit Planning Manager
Below is an overview of the presentation:
Overview
I. Components of Capital Projects
II. Commonwealth Transportation Board
Resolution
Ill. Parties, Purpose, Limitations,Term
IV. City's Obligations
V. HRT's Obligations
VI. DRPT's Obligations
VII. Future Project Agreements
VIII.Schedule going forward
2
March 15, 2016
i
8
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
Memorandum of Understanding
ITEM#65733
(Continued)
Last May, City Council approved the Tide Light Rail System from Newtown Road to Constitution Drive.
$17.5-Million is appropriated, effective July 2016, to begin the design phase in coordination with HRT,
as well as a down payment on the Light Rail Transit vehicles. The total long-term commitment to the
Capital Project is$155-Million over the next few years:
Capital Improvements Program
Project Components
Extend the two track light rail system(LRT)3.4 miles from Newtown Road to
Constitution Drive at Town Center;2 above grade crossings and 3 at grade stations.
• $155M from State
• $155M from CRY
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As a part of the project, the bus service will be extended in the City. Specifically, twelve (12) new buses
will be added which will double the service hours in the City. Below is a new bus line that will feed
Centerville and Kempsville:
Capital Improvements Program
Project Components
Enhanced Bus Service(one time New Route—To/From Witchduck Station through
capital cost)(MOU Section 9,page 6) Kempsville and Centerville to Greenbrier
Nearly doubling the bus service hours that HRT _,,,,'� t,' ..»
provides in Virginia Beach from 121,000 service `¢ --
hours to approximately 229,000 service hours
when fully implemented
- Includes capital contribution to fund 12 new \t; „ ''`• r°'
buses,estimated to be 68%funded by the l
state and 32%funded by the City($3.6M) V
- To be handled in a separate agreement J ` .,
- Funding is within the current City ^• ` :f ,/"—
appropriations for the project „..r
March 15, 2016
9
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
Memorandum of Understanding
ITEM#65733
(Continued)
In order to increase the East/West connection in the City the 66 foot right-of-way along the Light Rail
Corridor must be maximized, includes a walkway over Independence Boulevard. This would make this
project a true multi-modal corridor and allow riders to get to stations easier with an additional mode of
transportation within the corridor:
Capital Improvements Program
Project Components
Shared Use Path along Light Rail Corridor
— MOU Recital,page 1
— City will provide 100%funding for this part of the project
Pedestrian Crossing over Independence
Blvd.with ramp to Market St.
5
On February 17, 2016, the Commonwealth Transportation Board passed a Resolution directing the City
to accomplish three(3) things identified below:
Commonwealth Transportation Board
February 17, 2016 Resolution
Commonwealth Transportation Board
Resolution requests,that in order for
them to reserve their$155 million cost
share participation in this project,the City
must take action by April 30,2016 to:
1. Execute the MOU rn —
2. Request HRT to submit a grant
application for funding of the light rail
vehicles ^a
3. Approve the light rail cost sharing
reimbursement agreement with DRPT
March 15, 2016
10
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
Memorandum of Understanding
ITEM#65733
(Continued)
Parties, Purpose and Term
Parties: City of Virginia Beach("City")
Transportation District Commission of Hampton Roads("HRT")
Virginia Department of Rail and Public Transportation ("DRPT")
Purpose: Outline the respective roles of the Parties regarding
the Commonwealth Capital Assistance Grants ("Grants")for the
Tide Light Rail Extension Project("Project").
This non-binding Memorandum of Understanding (MOU) describes intentions of
Parties to coordinate efforts toward securing Grants and working toward completion
of Project. At option of City and without imperiling Light Rail portion of Project,the
MOU describes inclusion of Shared Use Path.
Limitations: Each Party is responsible for its expenditures.The MOU anticipates
future agreements or memoranda of agreements that will
supersede the MOU in whole or in part.
Term: 2016 to June 30,2020.
7
Below are the City's obligations:
City's Obligations
• Prepare the design build solicitation for the Light Rail
Project and serve as the lead contracting party for the
construction contract.
• Pursue funding in the Capital Improvement Program(CIP)
of the difference to achieve the completion of the Project
beyond funding provided by the Grants.
• Coordinate with HRT and DRPT in furtherance of any
state grant requirements. Specifically, for the capital
assistance grant ($155M), the City will develop a Project
Management Plan and a financial plan to deliver the
project.
• Be responsible for all funding of the Shared Use Path.
March 15, 2016
11
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
Memorandum of Understanding
ITEM#65733
(Continued)
Below are Hampton Road Transit's (HRT) obligations:
HRT Obligations
• Continue preliminary engineering of the 30% design. The MOU
contemplates HRT and the City negotiating a separate agreement to
allow HRT to retain engineering firm after the completion of the 30%
design and through the design build process.
• As future system operator,review plans and specifications,and assist in
safety certification and system transition.
• Serve as the procurement lead for the acquisition of light rail vehicles
and make application to DRPT for a grant to provide 50%state cost share
for the purchase of vehicles.
• Serve as the procurement lead for the acquisition of enhanced bus
service and make application to DRPT for transit capital funding,which is
anticipated to be 68%state and 32%local cost share.
Below are the Department of Rail and Public Transportation (DRPT) obligations:
DRPT's Obligations
• Serve as grantor or other such role as required by the
source of funding.
• Recommend to the Commonwealth Transportation Board
the funding program of the grants:
• Light Rail Vehicle Grant:100%to HRT;50%(City reimbursement)
• Grant for Light Rail Construction:$155M to the City
• Enhanced Bus Service: 68%(state)/32%(City)
• Safety and Security inspections and oversight as required.
10
March 15, 2016
12
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
Memorandum of Understanding
ITEM#65733
(Continued)
Below are future project Agreements that will be binding between the City, HRT and DRPT:
Future Project Agreements
Project Partners agree at the appropriate times,there will be a need to negotiate and
execute binding agreements between the City and HRT,the City and DRPT,and HRT
and DRPT to address aspects of the Project.They shall include,but may not be
limited to,the following:
a.Grant Agreement for HRT to purchase the Light Rail Vehicles(May 2016)
b.Utility Relocation Agreements (December 2016)
c.Master,Interagency,Public/Private,Joint Development,Railroad and Right of Way
Agreements(2019)
d.Operational and Maintenance Agreements for the Project(2019)
e.Reimbursement Agreement for Project costs incurred by HRT after completion of thirty
percent design(Nov.2016)
f.DRPT Grant Agreement for the$155M construction contract cost-share(Nov.2016)
g.LR Vehicle Acquisition reimbursement agreement between City and DRPT(April 2016)
h.Cost share agreement for buses between City and DRPT(July 2017)
i. Construction reimbursement agreement between DRPT and City(July 2017) >>
Below is the schedule going forward with City Council considering the Memorandum of Understanding
(MOU) on April 5th.
Schedule Going Forward
April 5, 2016 Decision for compliance with CTB
resolution:
1. Finalize/execute City-HRT-DRPT Non-Binding MOU
2. Endorse HRT light rail vehicle grant
3. Local reimbursement agreement with DRPT for
light rail vehicle acquisition
March 15, 2016
13
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
Memorandum of Understanding
ITEM#65733
(Continued)
City Manager Hansen advised he received an email approximately an hour ago from Jennifer Mitchell,
Director — DRPT. Ms. Mitchell advised a Resolution is being considered tomorrow by the
Commonwealth Transportation Board. Below are the requirements:
CTB Resolution #2
Expected to be approved
Tomorrow, 16 March 2016.
Be It Therefore Resolved . . .
• Compliance NLT 30 April 2016 with the CTB resolution
of 17 Feb 2016 to
— Authorize HRT to submit application to DRPT for the LR
vehicle acquisition
— Execute a mutually agreeable MOU
• NLT April 30, 2016,a binding agreement for the City
funding(share)for the procurement of the LR vehicles
and that issues the NTP which meets the December
2019 operational date for the extension
• Issuance of an RFP for design build contract NLT
December 31,2016
March 15, 2016
COMMONWEALTH of VIRGINIA
Commonwealth Transportation Board
Aubrey L.Layne,Jr. 1401 East Broad Street (804)786-2701
Chairman Richmond,Virginia 23219 Fax: (804)786-2940
Agenda item#
RESOLUTION
OF THE
COMMONWEALTH TRANSPORTATION BOARD
March 16,2016
MOTION
Made By: Seconded By:
Action:
Title: Programming of Funds for the Virginia Beach Light Rail Extension to Town Center
WHEREAS the City of Virginia Beach is the project sponsor for construction of the
proposed Light Rail Extension to Town Center, and has requested funding from the
Commonwealth to construct the project; and
WHEREAS on September 22,2010 the City entered into a grant agreement with the
Virginia Department of Transportation for a grant of$20,000,000 from the Transportation
Partnership Opportunity Fund for purchase of the right-of-way for the light rail extension, and
that grant agreement requires that the City reimburse the Department of Transportation if the
City is not using its best efforts to pursue the light rail extension;
WHEREAS on February 17, 2016 the Board reaffirmed its commitment to the Virginia
Beach Light Rail Extension Project and authorized the Chairman of the Commonwealth
Transportation Board to inform the City of Virginia Beach that by April 30,2016,the City must
demonstrate its commitment to the Project by authorizing the Transportation District
Commission of Hampton Roads to submit an application to the Department of Rail and Public
Transportation for funding for the procurement of light rail vehicles, and must execute a
mutually agreeable Memorandum of Understanding among the City of Virginia Beach,the
Transportation District Commission of Hampton Roads, and the Virginia Department of Rail and
Public Transportation; and
BE IT THEREFORE RESOLVED that the Board authorizes the Chairman of the
Commonwealth Transportation Board to inform the City of Virginia Beach that unless the City
approves by April 30, 2016, a mutually agreeable binding agreement between the City and the
Department of Rail and Public Transportation regarding the provision of City funding for the
Resolution of the Board
Light Rail
March 16,2016
Page Two
procurement of light rail vehicles, and issues a notice to proceed for the vehicles by a date that
allows the City to meet a December 2019 deadline for revenue operations of the light rail
extension,the Board shall de-obligate any funds programmed in the six-year improvement plan
for the Virginia Beach Light Rail Extension project; and
BE IT FUTHER RESOLVED that the Board authorizes the Chairman of the
Commonwealth Transportation Board to inform the City that in the absence of such affirmative
actions by the City of Virginia Beach, including the issuance of a Request for Proposals for a
design-build contract, by December 31, 2016,the Board shall de-obligate any funds programmed
in the six-year improvement plan for the Virginia Beach Light Rail Extension project and
reallocate these funds to other eligible projects that have been rated in accordance with House
Bill 2.
BE IT FURTHER RESOLVED that should the City fail to meet any of the provisions
specified in this resolution that results in the de-obligation of funding for the Virginia Beach
Light Rail Extension Project, the City may reapply for funding for the project through the House
Bill 2 process.
14
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
Vehicle Acquisition
ITEM#65734
3:08 P.M.
Mayor Sessoms welcomed William Harrell, President — Hampton Roads Transit (HRT). Mr. Harrell
expressed his appreciation to City Council for their continued support. Mr. Harrell acknowledged the
HRT Staff working on this project:
too`
k
Virginia Beach
Transit
Extension
March 15, 2016
HRT is on-track to meet the September 30, 2016, deadline to complete the 30%design:
Project Schedule
30%design by HRT/consultant to be completed September 30,2016
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March 15, 2016
15
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
Vehicle Acquisition
ITEM#65734
(Continued)
This is a very complicated design effort:
15% Submittal — January 19, 2016
Approximately 300 drawings and
3 design reports submitted
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HAMPTON ROADS TRANSIT
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ITTIT{ +� I LOAD FLOW STUDY REPORT
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A number of agencies are involved in this project:
15% Submittal — January 19, 2016
Comments by Agency—603 total comments
HRSD VBDPU
4,1% 15,2%
Dominion
VNG 98,12%
12,2% HRT
218,38%
Kimley Horn
248,43%
Virginia Beach
8,2%
.‘ 111W1*'
March 15, 2016
16
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
Vehicle Acquisition
ITEM#65734
(Continued)
The Draft Program Management Plan is key for a complex, heavy-construction project, such as Light
Rail:
Draft Program Management Plan
'NAMRTON ROADS TRANSIT
wor r«n n..xu41114404
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DRAFT PROGRAM MANAGEMENT PLAN
The Open House held on February 17, 2016, was well attended with over one-hundred(100) individuals
in attendance:
Open House — February 17, 2016
asp
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March 15, 2016
17
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
Vehicle Acquisition
ITEM#65734
(Continued)
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Open House — February 17, 2016
• 115 people signed in to the Open House
• 19 people left comments
• 15 were positive
• 4 were negative
• Many comments requested more
information be available ble to the public
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HRT received only one (1)Bid for the purchase of Light Rail Vehicles. The Bid was received by Siemans,
who is the manufacturer of the Tide Light Rail Vehicles. Only three (3) vehicles are proposed instead of
the initial four(4) recommended:
Proposed Light Rail Vehicle Pricing—Option 1 (BAFO)
go,-‘0416 :et emitiVrei
Low Floor Light Rail
1 3 Vehicles $ 5,238,481.00 $ 15,715,443.00
2 N/A System Support(Testing, N/A $ 1,259,966.00
training,manuals,field
support)
3 N/A Spare Parts N/A $ 2,246,695.00
TOTAL PRICE$ 19,222,104.00
15%Engineering Plans yield need for 3 vehicles
March 15, 2016
18
CITY MANAGER'S BRIEFINGS
LIGHT RAIL
Vehicle Acquisition
ITEM#65734
(Continued)
There are a number of options to be considered by City Council:
Base Cost— 3 Vehicles
$5.2 million per vehicle - $15,715,443
Options
1. BAFO 19,222,104
2. City Requested back loading of milestones 19,732,104
3. Siemens cost neutral milestones adjustment 19,222,104
4. December NTP&City requested back loading of milestones 20,284,104
5. December NTP&Siemens revised milestones 19,774,104
-City requested possible April 2017 NTP
City Manager Hansen asked Mr. Harrell to consider an Option 6 with the Notice to Proceed to be
complete by April 2017. Mr. Harrell advised there are concerns regarding Option 6 but they will work
through those concerns with City Manager Hansen. Mr. Hansen advised the reason for his request of
Option 6 is because the fact the vehicles can be produced in twenty-seven (27)months.
Mayor Sessoms expressed his appreciation to Mr. Harrell, City Manager and Stafffor all of their hard
work.
Mayor Sessoms requested a quick five(5) minute recess. The Briefings will reconvene at 4:00 P.M
March 15, 2016
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19
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
4:00 P.M.
Mayor William D. Sessoms, Jr., recalled to order the City Council's Briefings. Mayor Sessoms
welcomed Philip Pullen, Transportation Engineer—Public Works. Mr. Pullen expressed his appreciation
to City Council for their continued support:
ABcity of
Virginia Beach
i
FY 2017-2022 ROADWAYS CIP
CITY COUNCIL BRIEFING
MARCH 8,2016
Below is an Overview of today's presentation:
•
I. Requested FY 2017-2022 CIP
II. Recent Accomplishments
III. HB 2
IV. CIP Project Detail Sheets
❑ Fully Funded Projects in CIP
V. Existing Projects with Balances to Complete
(BTC)
VI. Requested — Not Funded Projects
2
March 15, 2016
20
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
I. REQUESTED FY 2017-2022 CIP
Below is a Summary of the requested CIP:
REAM...11M
Summary
• 38 CIP Projects and 10 Programs
• 1 New Project; 2 New Phases of 2 Existing Projects
• 6-Year Funding
• City Funding- $336.0M*
• State Funding- $205.3M
J Federal Funding- $ 11.2M
Total- $552.5M
*Light Rail City Funding (Buses, Shared-Use Path,
Transit Extension) - $1 59.8M
• Total Project Cost - $1.3B
• All Projects Previously Fully Funded are Still Fully Funded
4
March 15, 2016
21
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
The Chart provides the proposed six year City funding by five (5) categories:
RE
■Congestion Relief&Capacity
Improvement Projects-$97.OM
5/ 7%
7%
•Special Programs&Projects-
$174.9M
29%
■Safety Improvement Programs-
$24.4M
■Bridge Projects-$17.9M
52
Maintenance Programs&Projects-
cy $21.8M
Total City Funding hi Turn HO,
5
Two (2) of the Major Programs included in the CIP are for maintenance:
REQ1111111111111111111111111111
Major Programs in the CIP
• Street Reconstruction II
• Major Bridge Rehabilitation II
New Projects in the FY 17 CIP
• Elbow Road Extended Phase II-B
• Indian River Road Phase VII-A
• Nimmo Parkway VII-B
March 15, 2016
22
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Below is a list of the Major Projects identified in the 2016 City Council Workshop. Of importance,
twenty-seven (27) of the identified Major Projects, sixteen (16)of those are in the Roadways CIP:
RE
2016 City Council Workshop Major Projects
• Centerville Turnpike,Phases II and III
• Burton Station
• Seaboard Road Lighting
• Wesleyan Drive Lighting
• Princess Anne Road/Kempsville Road Intersection
• Lesner Bridge
• Indian River Road/Kempsville Road Intersection
• Witchduck Road,Phase II
• Lynnhaven Parkway,Phase XI
• Holland Road,Phase VI
• Shore Drive Corridor Improvements,Phase III
• Greenwich Flyover
• 1-64/1-264,Phase I
• Princess Anne Road,Phase VII
• Laskin Road Bridge Replacement
• Pacific Avenue Improvements
7
II. RECENT ACCOMPLISHMENTS
B
March 15, 2016
23
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
The four(4)Major Projects under construction are identified below:
UNI
• Holland Road Phase VI
• Lesner Bridge Replacement
• Lynnhaven Parkway Phase XI
• Pacific Avenue— Phase II
• LED Streetlights
o Nimmo Parkway Phase V-A
o Princess Anne Road/Kempsville Road Intersection
9
Holland Road Phase VI provides 4-lanes from Nimmo Parkway to Dam Neck Road. The project is
approximately 20%complete and scheduled for completion in October 2017:
HOLLAND ROAD
PHASE VI
CIP 2-158
„*:=A'4,----'----— ' j '--
o Started Construction—
s l l -- November 2014
o Approximately 20%
Complete
o Complete Construction—
October 2017
o Total Project Cost—
$59.6M
10
March 15, 2016
24
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65 73 5
(Continued)
Lesner Bridge Replacement is approximately 53% complete and scheduled for completion in August
2017:
:p' LESNER BRIDGE
REPLACEMENT
.01
CIP 2-168
-4 o Started Construction-
'41011, WO June 2014
—'�401
Approximately 53%
Complete
o Complete Construction-
I I August 2017
Id I I o Total Project Cost-
$119.5M
IP
Lynnhaven XI provides 4-lanes from Indian River Road to Centerville Turnpike. The project is 50%
complete and scheduled for completion in December 2016:
LYNNHAVEN
PARKWAY PHASE XI
CIP 2-167
o Started Construction
Ito January 2014
aY�'
o Approximately 50%
Complete• o Complete Construction-
December 2016
o Total Project Cost-
$39.8M
�z
March 15, 2016
25
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
The Pacific Avenue Improvements are for under-ground utilities, streetscapes and utility improvements
between 17`" and 22nd Streets. Season 1 construction is complete. Private utility companies are
performing work this season and Season 3 work will commence in October 2016 and scheduled for
completion in April 2017:
/'' 1; PACIFIC AVENUE
1■ IMPROVEMENTS
/ ' CIP 2-045
A + LIP
o Started Construction–
F / , i October 2014
'—0,_. Ir: o Complete Construction–
, Q W a if ...% April 2017
ii
VSs o Total Project Cost–
''. +` i \ $17.3M
\\ \-
1,0
13
LED streetlights are being installed on all new roadway projects. Below are the roadway projects with
LED streetlights:
LED STREETLIGHTS
o Nimmo Parkway
Phase V-A
o Princess Anne
Road/Kempsville Road
• Intersection
1, - • • -
14
March 15, 2016
26
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
III. HB 2
,5
HB2 was passed by the General Assembly in 2014. This is a data-driven process used to "score"
projects for allocation of funds and is being used for the FY17 Six-Year Plan:
HB
• Passed by General Assembly in 2014
• Data-Driven Scoring Process
• Process Used for FY 17
• Projects Approved by CTB in June 2016
March 15, 2016
I I
27
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Below is a Summary of Applications submitted to the State, including the four (4)projects submitted by
the City:
. ,
inimmui
•:• 321 Applications Submitted Statewide
• 34 Screened Out
J 287 Applications Scored
• $7.0B Total Requested
▪ $883M HB2 Funding Available
City of Virginia Beach Submitted
▪ Centerville Turnpike Phase III
J Indian River Road Phase VII-A
J Laskin Road Bridge Replacement
J Elbow Road Extended Phase II-B
17
Below are nineteen (19) Projects in Hampton Roads that scored high enough to receive State funding.
Three (3) of the four (4) Projects submitted by the City received funding from the Commonwealth
Transportation Board (CTB). Specifically, Centerville Turnpike Phase II, Laskin Road Bridge
Replacement and Indian River Road Phase VII-A:
HB 2
Project Applicant Funding
General Thomas Highway Signalintion Project Southampton $650,000
Route 10/58 Godwin Boulevard Perk and Ride Lot Suffolk $603,594
U.S.58 Corridor Intersection Capacity&Safety Improvements City of Norfolk $2,336,605
Warwick Boulevard over Lake Maury Bridge Replacement City of Newport News $1,240,076
Coliseum Drive Extension City of Hampton $2,823,000
Norfolk Traffic Control System Platform Upgrade City of Norfolk $3,000,000
Centerville Turnpike-Phase Ill City of Virginia Beach 56,000,000
U S.Route 17 at U.S.258 Intersection Capacity Improvements County of Isle of Wight $4,270,000
Laskin Road Brid0 Replacement City of Virginia Beach $10,000,000
Atkinson Boulevard City of Newport News $7,700,726
Little Back River Rd Reconstruction w/New Peak Alt-Dir Lane City of Hampton $9,270,000
Longhill Road Improvements-Route 199 to Olde Towne Road County of James City $18,029,136
US Route 17/Shoulders Hill Intersection(UPC 69050) _ Suffolk $14,662,049
Nike Park Road Extension from Reynolds Drive to US Route 17 County of Isle of Wight $11,658,000
1-64/Northampton Boulevard Interchange Modifications City of Norfolk $9,300,000
Route 602 Lee Street/Cemetery Road-Accomack County County of Accomack $3,198,323
Deep Creek Atlantic Intracoastal Waterway Bridge Replacement City of Chesapeake $20,000,000
U.S,Route 58 Corridor Improvement Project Suffolk $39,588,000
Indian River Road Phase VII-A City of Virginia Beech $20,000,000
18
March 15, 2016
1
28
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
The timeline for HB 2 is provided below. The CTB will consider the scoring results through March and
release the draft Six-Year Improvement Plan (SYIP) on April 20`h with adoption in June. Until the
adoption of the SYIP, nothing is final. The City must commit to funding the balance of the three (3)
projects previously identified and the requested CIP includes allocations for this funding:
HB •
• Juiy 20101 Farly coordination with VC)0itt1P(9 a' Candidate
Project:
• 2010 to Soptertihor 201 - 0 fflCIt C entorc ato H ojer
• St-t;tarnta r 3C, 201 — lc/ aaline,for Subrnittlrly F'rr}just Applications
• (2 labor 2015 to January 21116 Seroen and F ubluatt [ al;
• January 10, 2016
J Project score-t relc ased and presented
J 1102 RotRei,orcroccdrrr± Hose Fuming S,errar is ;;r e;sr nted to Cr 1 B
• February to April 2016—CTB to consider evaluated projects for
inclusion in SYIP
• April 20, 2016—CTB to release Draft SYIP
• April to May 2016—Public hearings on Draft SYIP
• June 2016—CTB to adopt Final SYIP
19
The current CIP includes forty(40)fully funded projects/programs:
IV. CIP PROJECT DETAIL SHEET
❑ FULLY FUNDED PROJECTS IN CIP
20
March 15, 2016
29
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
The Bus Stop Infrastructure Project and Accessibility Improvements will build new bus stops and provide
improvements around the City. The project is funded at$311,000 per year:
# ( BUS STOP
INFRASTRUCTURE
;AND ACCESSIBILITY
�H T IMPROVEMENTS
CIP 2-094
• Shelters
i • Benches
* _ Sidewalks
_•
` • Trashcans
• ADA Access Ramps
• Increase Accessibility and
�,,,.....►—••"'�""�! Connectivity
��—• • Improve Safety
Average$311K/year
2,
The Buses for Virginia Beach Transit Extension is for the purchase of twelve (12) Transit buses. The
total cost is$11.4-Million, with the City's share of$3.6-Million:
BUSES FOR VIRGINIA
BEACH TRANSIT
Olf EXTENSION
CIPISO 2-093
-f .c„ „, • 12 Transit Buses
;ivy • Feeds"the Tide"Light Rail
•��1 System
ff hlii• • Improved Weekend Service
• Longer Spans of Service
••
New Feeder Bus Route
Total Project Cost: Between Witchduck Road
$3•6M and the Greenbrier Area
• .7 ;
22
March 15, 2016
30
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Centerville Turnpike Phase II is 4-lanes from Indian River to Kempsville Road. The project is $38.2-
Million and design is 90% complete. Construction is scheduled to start in 2018 with completion in
November 2020:
CENTERVILLE
TURNPIKE —PHASE II
CIP 2-409
I '
Ana.
°aa • 4-Lane Divided Highway from
Indian River Road to
Kempsville Road
• Design Underway;
1 , eFQ 90%Complete
( € o * • Utility Relocations—
�� Overhead
• Potential Noise Barriers
• Start Construction—
Total Project Cost: July 2018
$38.2M • Complete Construction—
November 2020
23
Centerville Turnpike Phase III is 4-lanes from Kempsville Road to the Chesapeake City Line. The project
is$30-Million and is one of the projects initially approved by the CTB. This project is scheduled to begin
July 2021 with completion in August 2023:
CENTERVILLE
• va TURNPIKE—
PHASE III
4-e CIP2-419
tt
• 4-Lane Divided Highway from
Kempsville Road to the
Chesapeake City Line
w^^hade6 9 • HB2 Funding—
Pkwv $6M Requested
•'. • Start Construction—
July 2021
• Complete Construction—
August 2023
Total Project Cost:
$30.1M
24
March 15, 2016
31
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Elbow Road Extended Phase II-B is a new phase of the overall Elbow Road Phase II Project. The project
is $38-Million and will provide 2 -lanes (the ultimate 4)from Salem Road to the Chesapeake City Line,
including a new bridge. Design is 90%complete and acquisition is approximately 25% complete. The
construction is scheduled to begin in 2018 with completion in December 2020:
ELBOW ROAD
5 Independence Blvd ` EXTENDED—
PHASE II-B
F New Project
• 2 Through Lanes on Ultimate
4-Lane Right of Way from
Meadow Crest Way/Margaret
•
Drive to the Chesapeake City
Line
,•> • Approximately 1.2 miles
or. • 8-ft Sidewalk
• 4-ft On-Road Bike Lanes
•
Noise Barriers
• New 2-Lane Bridge
Total Project Cost: • HB2 Candidate Project
$37.6M • Start Construction-
September 2018
• Complete Construction-
December 2020
25
Ferrell Pkwy is 6-lanes from Indian Lakes Boulevard to Indian River Road. The project is $3.5-Million.
Design phase is scheduled to begin in 2017 with construction beginning July 2020:
FERRELL PARKWAY
CIP 2-054
• 6-Lane Divided Roadway
Fe,reeakmv •
from Indian Lakes Blvd to
•• . "; Indian River Road
e g' m
FQy 9tP Y • Ranks#3 in Volume/Capacity
9a J • Turn Lanes
.4
rs. - • New Mast Arm Signal
M1
• • Bike/Pedestrian
oF, Accommodations
•
_._.__.__._._..___....__......... • Start Design-
- July 2017
Total Project Cost: • Start Construction-
$3.5M July 2020
25
March 15, 2016
32
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
First Colonial Road/Laskin Road Intersection Improvement Project will provide a new signal and west-
bound turn lane. The project is $1-Million with construction to begin in July 2022 with completion in
July 2023:
FIRST COLONIAL RD/
f I LASKIN ROAD
INTERSECTION
IMPROVEMENTS
CIP 2-030
04* I
• Additional Westbound Left
, . t Turn Lane
•Baskin ROR . •
L Y� • Mast Arm Signals
r
gonna c' ; � ! • Ranks#6 for Over-Capacity
intersections
• Start Construction-
July 2022
-. • Complete Construction-
July 2023
Total Project Cost:$1M
27
First Colonial Road/Virginia Beach Boulevard Intersection Improvements Project will widen First
Colonial Road to 6- lanes from 1-264 to Oceana. The project is $30-Million and site acquisition is at
60%complete. Construction is scheduled to begin in May 2017 with completion in May 2020:
FIRST COLONIAL RD/
VIRGINIA BEACH BLVD
INTERSECTION
'' • IMPROVEMENTS
•.. fin CIP 2-072
WOr-2
• Improvement of Intersection
• ' a,q i/irernra Beach Blvd ' Including Turn Lanes and
Signalization Upgrades
- • Currently in Site Acquisition;
6 ty Approximately 60%
CP
Complete
• Utility Relocations-
d ' I Overhead;Underground at
Intersection
• Start Construction-
Total Project Cost: May 2017
$29.9M • Complete Construction-
May 2020
28
March 15, 2016
II
33
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Greenwich Crossover and Cleveland Street Improvements are the City's contribution to the Greenwich
Flyover. The project is $11.4-Million and Phase IA will provide parking improvements to the impacted
adjacent property. Phase 2 re-aligns the intersection and provides a new signal. The construction will
begin in October 2016 with completion in March 2017:
CLCVlIArq ETRE zz,...11 6,7•VlRU!
�a1ERfE"'°"..•"°v"�T..\""' REENWICH ROAD
ROSSOVER&
LEVELAND STREET
MPROVEMENTS-
"HASES I & II, CIP 2-401
- Component of VDOT's
Phase 1A . 1-64/1-264 Interstate Project
Phase IA
Phase 16 • Pipe Existing Open Channel
.. ,_._..m....... ..,.... .,. .. New BMP
• Construct Access Road
CLEVELAND BTREETICLFARFELa♦VENUE•. • Expand Parking Lots for Impacted
INTlREECTRIR RLFRDVEYCRTE-PRASE xt,�� •
Properties
— Construction Complete
±I Phase IB&II
?'. • Relocate Cleveland StlClearflekl
t' Phase 2Ave Intersection;New Signal
•e,• • Expand Parking Lot for Impacted
--" l Design Underway;90%Complete
a»•�•�' '>. - • Start Construchon—October 2016
,I I • Complete Construction—
March 2017
l
Total Project Cost:
$11.4M
The I-264/Witchduck Interchange Project is not a CIP project but rather a VDOT Interstate Project;
however, this is an extremely important project to the City. This is the 2nd Phase of the 1-64/1-264
HRTAC Project and includes improvements at Newtown and Witchduck Road Interchanges, as well as the
Greenwich Flyover. The project is $190-Million and construction is scheduled to begin in June 2017
with completion in June 2021:
,® I
• r
•
P •
f C
.x • `,tet ,
•a rs.or I •
71 otrE 4Fmss-
! 7 e.Y till O'
Total Project Cost: ,
$190M I j
\,
I-264/WITCHDUCK INTERCHANGE
• VDOT Interstate Project • Widened Ramps at Newtown
• 2'd Phase of 1-64/1-264 Interstate Road and Witchduck Road
Project Interchanges
• CD Road Will Access Newtown • Start Construction—
Road Interchange June 2017
• New Flyover to Connect • Complete Construction—
Greenwich Road and Cleveland June 2021
Street
ao
March 15, 2016
111
34
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Holland Road Phase VI provides 4-lanes from Nimmo Parkway to Dam Neck Road. This is a $59.6-
Million project with construction approximately 25% complete. Completion is scheduled for November
2017:
HOLLAND ROAD—
4" oamN, PHASE VI
kRd. CIP 2-158
• 4-Lane Divided Highway from
Dam Neck Road to Nimmo
Parkway
• Currently in Construction
Nimmo PkwY • Utility Relocations—
Overhead
• • VDOT Administered
• • Started Construction—
• November 2014
• Complete Construction—
Total Project Cost: October 2017
$59.6M
31
Indian River Road/Kempsville Road Intersection improvement provides an unconventional intersection
design to relieve congestion. This is a $19-Million project with acquisition approximately 30%complete.
Construction is scheduled to begin August 2016 with completion in February 2018:
INDIAN RIVER ROAD/
KEMPSVILLE ROAD
_ INTERSECTION
IMPROVEMENTS
CIP 2-418
A dad • Indirect Left Turns on
R;, ' Kempsville Road
• Median U-Turn Lefts on
• Ferrell Pkwy Indian River Road
PD '+ • Currently in Site Acquisition;
approximately 30%complete
• Utility Relocations—
Overhead
• • Start Construction—
August 2016
Total Project Cost: • Complete Construction—
$19.6M February 2018
32
March 15, 2016
35
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Indian River Road Phase VH-A provides new alignment from Lynnhaven Parkway to Elbow Road. This is
a$48-Million project with construction to begin in 2019, unless substituted:
INDIAN RIVER RD—
PHASE VII-A
• New Project
kwV
'''' `�"" • 2 Through Lanes on Ultimate
• eg�a 4-Lane Right of Way from
"ae°` Lynnhaven Parkway to Elbow
5v"dePe a Road
• Approximately 2.6 miles
9a ea • Currently in Site Acquisition;
Approximately 5%Complete
ry • HB2 Funding-$20M
Requested
• Start Construction—
November 2019
Total Project Cost:
$48M • Complete Construction—
July 2022
33
Landstown Road Improvements Phase I provides 4-lanes from Sportsplex Drive to the Bend in Landstown
Road. This project is in support of the proposed Baseball Complex. This is a $7-Million project with
design at 60%. Construction is scheduled to begin August 2017 with completion in August 2018:
LANDSTOWN ROAD
IMPROVEMENTS —
"" PHASE I
CIP 2-050
gra 'Nss
b
Sportsplex DrO •
Widen Landstown Road to 4-
Lane Undivided,from
a st Sportsplex Drive to the Bend
• Approximately 0.6 Miles
• Bike Accommodations
• Asphalt Path
• Provide Access to the
Proposed Baseball Complex
• Utility Relocation—
Underground Distribution Line
Total Project Cost: • 60%Design
$7.3M • Start Construction—
August 2017
• Complete Construction—
August 2018
34
March 15, 2016
I I
36
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Laskin Road Bridge is scheduled to replace the existing bridge on Laskin Road over Linkhorn Bay. This
is a $21-Million project and design is at 90% complete. Construction is scheduled to start in August
2018 with completion in February 2021:
LASKIN ROAD
BRIDGE
REPLACEMENT
CIP 2-040
• VDOT-Managed project
• Built in 1938
,S " • Structure has exceeded
useful life
E. • Sufficiency rating—40.3
• Deck and Beam Deterioration
cta • HB2 Funding-$10M
it Requested
• Design 90%Complete
Total Project Cost: • Start Construction—
$21.2M August 2018
• Complete Construction—
February 2021
35
Lesner Bridge Replacement is a $119-Million project and is approximately 53%complete. Completion is
scheduled for August 2017:
LESNER BRIDGE
REPLACEMENT
CIP 2-168
• Start Construction—
June 2014
• Complete Construction—
\ ° August 2017
.. > �`' .
•
Total Project Cost:
$119.5M
36
March 15, 2016
37
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Light Rail Shared Use Path project provides a Shared Use Path in conjunction with the Light Rail
Extension Project. The 30%Design will be completed to coincide with the 30%design of the Light Rail
Extension. This $18-Million project and construction is scheduled to start in July 2017 with completion
in December 2019:
LIGHT RAIL
CORRIDOR SHARED-
11B USE PATH
d04s'i CIP 2-108
— i
- _ ' • Along Norfolk-Southern R/W
1 _.. in Conjunction with Light Rail
Extension Project
Y ,, • Approximately 3 miles
264 • 12-ft Wide
• Start Construction–
July 2017
• Complete Construction–
December 2019
Total Project Cost:
$17.7M
37
Lynnhaven XI provides 4-lanes from Indian River Road to Centerville Turnpike. This$40-Million project
is approximately 50%complete and scheduled for completion in December 2016:
LYNNHAVEN PARKWAY
PHASE XI
Jepa o��`
CIP 2-167
P
NQS 9a I
• 4-Lane Divided Highway from
'04
¢ • Indian River Road to
w� Centerville Turnpike
c
ca` • VDOT Administered
• Utility Relocations–
Underground
• Construction-
- Approximately 50%Complete
• Complete Construction-
--m— --------- December 2016
Total Project Cost:
$39.8M
33
March 15, 2016
38
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Newtown Road/Baker Road Intersection Improvements provides turn lanes and re-configures the
intersection to provide better safety and reduce congestion. This $1-Million project is scheduled to begin
design phase in July 2020:
NEWTOWN ROAD/
BAKER ROAD
INTERSECTION
IMPROVEMENTS
CIP 2-037
9
• Improve Safety
• Reduce Congestion
a . • Additional Turn Lanes
,0B 0 a Beach Blvd • Intersection Reconfiguration
• • Start Design—July 2020
•
Total Project Cost:$1M
39
Pacific Avenue Improvements is a $17-Million project providing a new duct bank for under-ground
utilities, streetscapes and new street-lighting. Phase 1 is complete and Phase 2 is underway now, with a
private utility company. This project is scheduled for completion in April 2017:
kc PACIFIC AVENUE
IMPROVEMENTS —
CIP 2-045
•e - .. 23,a Stteet l t
t • Improvements Between
' 15th Street to 23rd Street
�t • New Sidewalk,Curb and
L,$ I Gutter,and LED Streetlights
7.4
1 17`Stec , •i est • Currently Under Construction
s (Season 2)—Private Utility
Companies
• Complete Construction
l ' (Season 3)—April 2017
Total Project Cost:
$17.3M
40
March 15, 2016
39
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Pleasure House Road Street Improvements Phase 1 is a $1.2-Million project providing street and safety
improvements from Northampton Boulevard to Shore Drive. Design is scheduled to begin July 2020:
_ PLEASURE HOUSE
ROAD STREET
IMPROVEMENTS—
NuPHASE I
CIP 2-056
, Shore Drove
• Street and Safety
Improvements from
Northampton Blvd to Shore
Drive
Nort `"Pt""s d • New Curb and Gutter
First Court Rd
• Pavement Rehabilitation
- = ,' • Storm Drainage
• Bike Accommodations
• Concrete Sidewalk
Total Project Cost:
$1.2M • Start Design—July 2020
4,
Pleasure House Road Street Improvements Phase 2 is a $2.9-Million project providing similar
improvements from Shore Drive to Lookout Road. Design is schedule to being July 2019:
' PLEASURE HOUSE
ROAD STREET
N Looko„,Rd IMPROVEMENTS—
PHASE II
CIP 2-057
7
• Street and Safety
Improvements from Shore
2-057to Lookout Road
•� • Pavement Rehabilitation
• Storm Drainage
port”`"cr'""g,vd • Bike Accommodations
• Concrete Sidewalk
• Start Design—July 2019
Total Project Cost:
$2.9M
42
March 15, 2016
40
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Princess Anne Road Phase VII is a $40.1-Million project providing 4-lanes from General Booth
Boulevard to Fisher Arch. Design is 95% complete and acquisition is approximately 50% complete.
Construction is scheduled to begin in July 2017 with completion in July 2019:
PRINCESS ANNE
etiROAD — PHASE VII
GQr,,ct>4 CIP 2-195
Q°°
0s. • 4-Lane Divided Roadway
��a' •°rycp from General Booth Blvd to
Q �o "q� Fisher Arch
• Improvements at the
Intersections of General
F«nera"`^ ° Booth Blvd,Elson Green
Ave,and Upton
Drive/Sandbridge Road
• Design is 95%complete
• Currently in Site Acquisition;
Approximately 50%
Complete
Total Project Cost: • Utility Relocations—
$40.1 M Overhead
• Start Construction—
July 2017
• Complete Construction—
July 2019
43
Providence Road Sidewalk is a $1.1-Million project providing new sidewalk along Providence Road from
Kempsville Road to Indian Lakes Boulevard. Design is scheduled to begin in July 2020:
PROVIDENCE ROAD
'• SIDEWALK
CIP 2-058
• Street and Pedestrian
•I Improvements from
Kempsville Road to the
a\ I Intersection of Indian Lakes
Blvd and Churchill Drive
r` p e"`''a° • New Curb and Gutter
• 5-ft Concrete Sidewalk
• Start Design—July 2020
Total Project Cost:
$1.1 M
44
March 15, 2016
41
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Rosemont Road Phase V is a $16-Million project providing 4-lanes from Dam Neck Road to Lynnhaven
Parkway. Design is 60% complete with construction to begin in September 2017 and completion in
September 2019:
ROSEMONT ROAD—
PHASE V
• CIP 2-038
Lynnhaven Pluyy
• 4-Lane Divided Roadway
Between Lynnhaven Parkway
4, °n� and Dam Neck Road
a .
eygOo '�,�a • Reduce Congestion
• 90 • 60%Design
d • Utility Relocations—
•+t • ��e
01.
e' •
Existing Underground
c
• Start Construction—
` September 2017
• Complete Construction —
Total Project Cost: September 2019
$15.8M
45
Sandbridge Road Bridge Replacement is an $8-Million project replacing the bridge over Hells Point
Creek. Design is 60%complete with construction to begin July 2018 and completion in June 2020:
SANDBRIDGE ROAD
BRIDGE
REPLACEMENT
CIP 2-416
• New Bridge Over Hells Point
Creek
• Sufficiency rating—35.2
Sandbridge Road Ng.
• Rated as"FAIR"Due to Deck
and Beam Deterioration
• 60%Design
• Start Construction—
July 2018
• Complete Construction—
June 2020
Total Project Cost:$8M
46
March 15, 2016
42
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Shipps Corner Road is a $2.3-Million project improving Shipps Corner Road at the curve, including a
turn lane and pedestrian improvements. Design is at 100% with construction to begin in January 2017:
SHIPPS CORNER
ROAD
CIP 2-414
pyo •
ed • Improvements from Skylark
«`` •` ' Drive to Approximately 900-ft
Sr`pP` 9 s from London Bridge Road
• Left Turn Lane
• • Geometric Improvements
ONeck
ad •
` 4 I • Pedestrian Improvements
c '` t • Design—100%Complete
f.
• Start Construction—
January2017
• Complete Construction—
Total Project Cost: September 2017
$2.3M
47
Shore Drive Phase III is a$16-Million project providing safety improvements to Shore Drive from Lesner
Bridge to Great Neck Road, including bike lanes and a mixed-use path. Design is at 60% with
construction to begin in May 2018:
SHORE DRIVE
CORRIDOR
IMPROVEMENTS—
PHASE III CIP 2-117
Shure orae ? • No Capacity Expansion—
rs Retains 4 Lanes from Vista
• Circle to North Great Neck
• i Road
F
• Includes Safety
Improvements,Edge
Treatments,and Shared-Use
Paths
• Currently at 60%Design
• Utility Relocations—
Overhead;Undergrounding at
Total Project Cost: Signalized Intersections
$16.6M • Start Construction—
May 2018
• Complete Construction—
May 2020
48
March 15, 2016
43
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Street Reconstruction II receives an average of$1.8-Million annually. This project is for street re-
paving:
4t STREET
- RECONSTRUCTION II
xr
CIP 2-026
• Design and Reconstruction of
VB/Thalia •"' 1 to 3 Streets Per Year
• . • As Funding Allows
Indian River/ • Streets Have Reached the
N.Landing End of Their Service Life
• Maintenance is No Longer
Effective
Average Funding:
61.8M/year
Accomplishments Scheduled/Underway
• VB Blvd&Thalia Road • Shore Drive
• Indian River Road&Reon Drive • Kempsville Rd.&Centerville
• Indian River Rd.&Princess Turnpike
Anne Road • Witchduck Rd.Underpass
• Northampton Blvd. • Independence Blvd.&
• Indian River Road&N.Landing Pembroke Blvd.
49
Traffic Safety Improvement receives an average of$2.6-Million annually. This project funds construction
of miscellaneous sidewalks, turn lanes, signals, etc.:
T
• This program provides for modification of existing roadways by
constructing turn lanes and bypass lanes, realignment of existing
roadways, installing traffic signals, installing guardrails, installing
sidewalks, removing visual obstructions,and various other traffic
safety improvements.
• Active projects in the program:
Cypress Avenue Sidewalk Kendall Street Sidewalk
Mediterranean Avenue Sidewalk ,- Greenwell Road Sidewalk
Wolfsnare Road Sidewalk Phase I Shore Drive Bike Facility
. Dam Neck Road/General Booth Eaglewood Drive Sidewalk
Blvd Intersection Improvements Buckner Blvd Shared-Use Path
Average Funding:$2.6M
50
March 15, 2016
44
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Upton/Dam Neck Station Improvements is a $1.3-Million project proving turn lanes on General Booth
and Dam Neck Station with a new signal at General Booth. Construction is to begin in July:
UPTON DRIVE
EXTENSION/
, DAM NECK STATION
IMPROVEMENTS
CIP 2-047
StirNeck • Left Turn Lane on SB General Booth
^Rd Blvd
D
• Left Turn Lane on Dam Neck Station
oDam Neck Rd Road at General Booth Blvd
• • New Traffic Signal at General Booth
`� Blvd/Dam Neck Station Road
Intersection
• Upgrade Existing Traffic Signal at
• Upton Drive/Dam Neck Road
Intersection
Total Project Cost: • Supports the Dam Neck Station
$1.3M Development
• Cost Participation with Developer
• Construction Start—July 2016
• Construction Complete—
March 2017
51
Virginia Beach Transit Extension is a$310-Million project. Construction is to begin in July 2017:
• VIRGINIA BEACH
TRANSIT
v/4,, EXTENSION
-ea, PROJECT CIP 2-092
Bin
•
o • , - _ • I • Design-Build Project
1 • •
• • Extend"The Tide"from the
Newtown Station/Norfolk
Virginia Beach City Line to
1-264 _ Town Center
• 3 • Start Construction—
July 2017
• Complete Construction—
December 2019
Total Project Cost:
$310M
52
March 15, 2016
45
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
West Neck Road Phase IV is a $12-Million project providing an upgraded 2-lane road from Kellam High
School to the Kings Landing Development entrance. Construction is to begin in August 2018:
WEST NECK ROAD—
a,aoe,R° • PHASE IV
No h`
CIP 2-088
r
• 2-Lane Un-Divided Parkway
From Kellam High School to
° King's Landing Development
Entrance
• 4,850 linear feet
• On-Road Bicycle
Accommodations
• Shared-Use Path
• Cost-Participation Agreement
being Developed
Total Project Cost: • Construction Start-
$12M August 2018
• Construction Complete—
August 2019
53
Witchduck Road Phase II is a $60.6-Million project widening Witchduck Road to 6-lanes from 1-264
to Virginia Beach Boulevard. Construction is to begin August 2016:
WITCHDUCK RD —
PHASE II
to0a
411,4'4e4.,/ .; .e CIP 2-025
• • 6-Lane Divided Highway from
�� `i • f 1-264 to Virginia Beach
164 : 3 g Boulevard
't • Currently in Site Acquisition;
--- Approximately 95%Complete
• Utility Relocations—
Underground Duct Bank
• Start Construction
August 2016
• Complete Construction—
December 2018
Total Project Cost:
$60.6M
54
March 15, 2016
46
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Below are a few of the miscellaneous programs within the CIP:
OTH
Title CIP Number Budget
Citywide Street Lighting Improvements 2.160 $60K/year
Rural Road Improvements 2.024 $200K/year
Southeastern Parkway&Greenbelt 2.089 $23.5M TPC
Traffic Signal Rehabilitation 2.410 Average$217K/year
Transportation Network Modeling and Analysis
2.176 Average$150K/year
Projects
Various Cost Participation Projects 2.027 $25K/year
Wetlands Mitigation Banking 2.028 $100k/year
55
V. EXISTING PROJECTS WITH
BALANCES TO COMPLETE (BTC)
56
March 15, 2016
47
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
There are nine (9) projects included in the requested CIP which are active in one form or another;
however, not funded for construction:
EX
Projects in CIP with a BTC
Project Unfunded Amount
1. Greenwich Road Crossover/Cleveland StrPhase10 $ A,565,000
2. Indian River Rd/Princess Anne Rd Intersection Improvements $ 6,521,937
3. Laskin RoadPhase1. $66,929,678`
4. Laskin Road Phase II $ 10,231,642
6. Nimmo Parkway'Phase II $'8$,961,739
7. Nimmo Parkway VII-8 $26,817,620
8. Prklcess Anne Road Phase VOA $ 7,678,702
9. Sandbridge Road-Nimmo VII-A $ 17,729,684
Total $174,436,002
57
Cleveland Street Phases I and II are fully funded and have been constructed or are close to construction.
Phase III provides improvements to Cleveland from Clearfield to Witchduck and is a $4.9-Million project
with the BTC of$4.6-Million. This project needs to be complete before the Greenwich Flyover is
complete in 2021:
GREENWICH RD
`bae�a• I CROSSOVER &
�he,�d CLEVELAND ST
IMPROVEMENTS
r — PHASE III
CIP 2-401
''s,""ye��ndstr40ir ; A, l
<ls;'"'+ ••� t, , • Improve Cleveland Street
4 x='�r.'t from Clearfield Avenue
Intersection to Witchduck
Road Intersection
C 11 • Improvements Include:
K;�
Re-Striping
Sidewalk
Total Project Cost: Shared-Use Path
$4.9M
BTC:$4.6M
58
March 15, 2016
48
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Indian River Road and Princess Anne Road Intersection Improvements is a $6.8-Million project with the
BTC of$6.5-Million. This is to relieve congestion and increase capacity:
INDIAN RIVER RD
/PRINCESS ANNE RD
gab°ard6°ad INTERSECTION
IMPROVEMENTS
CIP 2-422
• Intersection Improvements at
the Princess Anne Road/
'^°,d^RiverRJ Indian River Road
I Intersection
• Increase Capacity
Total Project Cost:
$6.8M
BTC:$6.5M
Laskin Road Phase I is a $103.2-Million project with the BTC of$66.9-Million. This project provides 6
and 8 lanes from Republic Road to Oriole Drive:
LASKIN ROAD —
`` PHASE
CIP 2-156
.
• 8-Lane Divided Highway With
Continuous Right Turn Lanes
skioad" „ from Republic Road to
Winwood Drive and 6-Lane
a v Divided Highway to Oriole
• "Vi[$�ni2 Beach BW m "" � Drive
, • VDOT Administered(Last
Legacy Project)
9 " • Site Acquisition is Complete
• Utility Relocation(Overhead)
Underway,Scheduled
Total Project Cost: Completion-
$103.2M December 2016
BTC:$66.9M
60
March 15, 2016
49
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Laskin Road Phase II is an $11.6-Million project with the BTC of$10.2-Million. This project is the
widening of Laskin Road to 6-lanes from Oriole Drive to the Roundabout:
LASKIN ROAD—
' ' PHASE II
#" "* CIP 2-165
• 6-Lane Divided Highway from
wow,.va\k;rt ad • E'-,a P Oriole Drive to the 31 st/30th
Street Split
• Conceptual Design Complete
• 1 y.,
ti •
Total Project Cost:
$11.6M
BTC:$10.2M
61
Major Bridge Rehabilitation funds maintenance work on bridges in the City:
Pungo Ferry Bridge MAJOR BRIDGE
Fender Repairs
art; " REHABILITATION II
CIP 2-022
f Before
• Rehabilitation of Bridges,
Culverts and Overpasses
111111 111
• Average Annual Funding-
year
14 Brid
• 14 Bridges Functionally
Obsolete
• 3 Bridges Structurally
Deficient
• Short Term Maintenance
After Needs
- Long Creek Bridge Rehab$1M
Pungo Ferry Bridge Rehab-
$3.5M
Elbow Road Bridge
Superstructure
Replacement
62
March 15, 2016
50
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Nimmo Parkway Phase II is a $34.2-Million project with the BTC of$34-Million. This provides an
extension to Nimmo Parkway from West Neck Road, approximately 1.3 miles. This project will support
development in the ITA and funding is being requested in this CIP to begin design:
NIMMO PARKWAY
PHASE II
• New Project
•
• New Roadway Connecting
Nimmo Pkwy from West Neck
Road to Future Landstown
Road—Phase Ill
• Approximately 1.3 miles
Zia • 4-Lane Divided Parkway
North V.andinB Rd n " 9
° • On-Road Bike Lanes
• Shared-Use Path
Total Project Cost:
$34.2M
BTC:$34M
63
Nimmo Parkway Phase VII is a $27.8-Million project with the BTC of$26.8-Million. This provides a
connection of Nimmo Parkway to Sandbridge Road, connecting to the existing project VILA. Funding is
provided in the F year for design and permitting only:
NIMMO PARKWAY
PHASE VII-B
New Project
mopkwy • New Roadway Connecting
a'z Nimmo Pkwy to Sandbridge
Road
• 2-Lane Undivided Roadway
from Albuquerque Drive to
ca Western Terminus of SB
Road-Nimmo Parkway Phase
a VII-A
• Paved Shoulders
• On-Road Bike Lanes
• Shared-Use Path
Total Project Cost:
$27.8M
BTC:$26.8M
64
March 15, 2016
51
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Princess Anne Road Phase VH-A is an $8-Million project with the BTC of$7.7-Million. This provides
safety improvements to Princess Anne Road from Sandbridge Road to Seaboard Road. Design is 15%
complete:
St*b . PRINCESS ANNE
ROAD PHASE VII-A
•
CIP 2-033
sa
Pa 'abi
K,Pct a�P9a • Safety Improvements from
cep Sandbridge Road to
Seaboard Road
• Design underway—
15%complete
�"aboard Ry ''
Total Project Cost:
$8.0M
BTC:$7.7M
66
Sandbridge Road/Nimmo Parkway Phase VH-A is a $19.5-Million project with the BTC of$17.7-Million.
This improves Sandbridge Road by straightening and elevating the roadway from Sandpiper Road to just
west of Seibert Realty. Design is 30%complete and the permit application has been submitted:
SANDBRIDGE RD -
•
NIMMO VII-A
CIP 2-078
kk,Y
• Construction of Ultimate
Sand bridge Road—Nimmo
VII-A from Sandpiper Road to
Approximately 1-mile West of
Sandpiper Road
yro o • 2 Lane Roadway with
Shoulders
• On-Road Bike Lanes
• Shared-Use Paths
• Design—30%Complete
Total Project Cost: • Environmental Permit
$19.5M Application Submitted
BTC:$17.7M
66
March 15, 2016
52
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
Last item in today's presentation is the backlogged projects. The projects are not being requested;
however, represent the next priorities:
VI. REQUESTED — NOT FUNDED
PROJECTS
67
There are fourteen (14)projects requested, but not funded:
RE ECTS
Others
Project Unfunded Amount
1. Atlantic Avenue Traffic Signal Pole Replacements $ 1,750,000
2. Dam Neck Road-Phase I $ 30,680,978
3. Dam Neck Road-Phase II $25,388,801
4. Drakesmile Road Extended $ 15,335,020
5. Elbow Road Extended Phase II-C $24,834,140
6. Elbow Road Extended Phase II-D $ 27,273,630
7. Holland Road/Rosemont Road Intersection Improvements $56,585,000
8. Shore Drive Corridor Improvements-Phase IV $ 12,758,721
9. Landstown Road Phase II _ $ 18,886,000 I
10.Landstown Road Phase III $ 12,817,000
11.Landstown Road Phase IV $18,000,000
12.Nimmo Parkway Phases II&III $ 56,205,000
13.Salem Road Extended $35,614,000
14.West Tournament Drive $ 3,349,000
Total $339,477,290
68
March 15, 2016
53
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
ROADWAYS
ITEM#65735
(Continued)
yc,
DISCUSSION
69
Mayor Sessoms thanked Mr. Pullen and the entire Public Works Department for their continued
dedication and hard work to the City.
March 15, 2016
54
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
4:36 P.M.
Mayor Sessoms welcomed Dan Adams, Coastal Program Manager — Public Works. Mr. Adams
expressed his appreciation to City Council for their continued support:
r„r
Virginia Beach
{
FY 2017-2022 COASTAL
UPDATE TO CITY COUNCIL
MARCH 15.2016
Below is an outline of today's presentation:
•Professional Staff
•Program and Projects Overview
•Project Details
•Emerging Issues and Needs
March 15, 2016
55
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
cOi max,
-Phillip J. Roehrs, PE—Water Resources Engineer
-Daniel F.Adams, PE—Coastal Program Manager
-Thomas J. Gay, PE—Coastal Project Manager
-Rommel B.Tamayo, PE—Coastal Project Manager
-Vacant—Coastal Project Manager
$
The Coastal CIP consists of three (3) types of projects: Beach Replenishment, Navigation
Dredging (Inlets and Main Channels) and Neighborhood Navigation Dredging (Funded by SSD
Tax- those that receive the benefit pay for the benefit):
Co
• Beach Replenishment
Provides storm protection
• Supports tourism industry
• Provides recreational opportunities
• Navigation Dredging
• Keeps our inlets and main channels navigable
• Supports waterfront/marine industry
• Provides recreational opportunities
• Underpins waterfront property value
• Neighborhood Navigation Dredging
• Restores navigation
• Revitalizes neighborhoods
• Those that receive services pay
March 15, 2016
56
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
Below are projects funded by other Departments but managed by the Coastal division:
s
• Owls Creek Footbridge(3-006)
• Coastal Conservation Garden&Outdoor Adventure Park
• Woodstock Cove Park(4-025)
• Shoreline Stabilization
• Old Pungo Ferry Boat Launch Rehabilitation(4-306)
• Shoreline stabilization and walkway improvements
• 3105 Newbern Lane
• Spot Blight Abatement project to replace deteriorated bulkhead and
install living shoreline
Beach Replenishment and Navigation Dredging Projects are the "true core"of the coastal program and,
as such, will be presented together. The second series of slides to follow will cover the Neighborhood
SSD program:
111=11111111ANAL
DREDGING PROJECTS
8-008 Beach Replenishment
8-010 Sandbridge Beach Restoration II
8-405 Sandbridge Beach Access Improvements II
8-408 Pleasure House Point Mitigation
8-409 Chesapeake Beach Restoration
8-015 Beach Profile Monitoring Program II
8-406 Rudee Inlet Federal Dredging II
8-407 Rudee Inlet Outer Channel Maintenance Dredging II
8-402 Replacement of Rudee Inlet Dredge
8-013 Lynnhaven Inlet Maintenance Dredging II
8-011 Various Minor Dredging Projects II
8-005 Western Branch Lynnhaven River Maintenance Dredging
March 15, 2016
57
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
The Beach Replenishment is for the Resort Beach from Rudee Inlet to 89`x' Street. This was last
replenished in August 2013:
8 + .■. NT
• Resort Beach from Rudee
r" , Inlet to 89th Street
®_--- , w • Three-year(estimated)
= cyclic beach
replenishment and
maintenance(loss rate
300,000 CY/YR
• Last replenished in August
2013 1.44 million CY
• Big Beach 2002-2003 4.1
million CY
}Progrgro mm ad Appro rotod toEmma FY1
Fun$30.929.130 $11.003.130 2,060,000 92,100,000 112.300,000 $7.300.000 $2,090,000 $2.600,000
Sandbridge Beach Restoration is a long-term federal beach restoration and maintenance project. This
was last replenished in June 2013:
111
• Long-term federal beach
restoration and maintenance
project
• Local funding provided by the
{ Sandbridge Special Service
District(SSD)and Tax Increment
w Financing District funds(TIF)
":;0;4•,. '
!y, • Three-year(estimated)cyclic
beach replenishment and
maintenance
• Last replenishment in June
2013
• 2.18 million CY
Prtigremiined Appropnot.d to •=FY 7 FYt6 19 ;t 0.
Fwidtn Data
$63.716,000 $16,000,000 $.060,000 $0.060,000 $0,060.000 00.366,000... 00.366,000 141,366.000.
March 15, 2016
58
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
Sandbridge Beach Access Improvements II is funded by the SSD:
111111111WCCESS
• Beach Access improvements to
provide safe access to the
beach
• Project funded by Special
Services District
• 2 to 3 access ways slated for
improvement each year
• 60 access ways total identified
for improvement
Programmed Appropriated to FY96 ��
Funding DaoISM
11,000000 $1176,000 0300,800 $300,000 1100,000 $300,000 1100,800 1120,800
Based on the advancement of the preliminary design, Pleasure House Point Mitigation's construction
cost estimate increased by$800,000:
MI , T
• Development of a wetlands
mitigation facility on City
owned property n ._
• Mitigation Banking
Instrument Under (`
Development
• Potential use for
Neighborhood Dredging • `,
SSD projects x`
Prowsrwnol w" *Y$ FY18 Min Frac °.
Funding-' Dots Rs*ua46
$3,620,000 $220,600 14,000,000 $0 20 $0 $0 $0
March 15, 2016
59
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
Chesapeake Beach Restoration is actually being litigated to determine ownership right. The Sand Source
Study is complete and the Preliminary Design Report is nearing completion. Private properties are
threatened and infrastructure is routinely damaged requiring costly repairs:
__________________CH
•Major beach restoration project
proposed with periodic maintenance
•VIMS sand search completed
•Significant real estate issues
•Preliminary Design Report Underway
K ;e.'
•._ ^x.
Programmed Appropriated to FY17 FY10 FY20 FY2!
Funding Date Budget
01,000.000 il,000,000 s0 $0 s0 10 00 s0
The Beach Profile Monitoring Program II provides periodic surveys of portions of the City's coastline.
Specifically, this is for Bay Beaches and Croatan Beach. Neither has a standalone CIP for
replenishment:
�.■ ITORING
ty • Periodic beach profile
1 surveys of portions of the
City's coastline from the NC
border to Little Creek Inlet
tt • Surveys provide data used
t to monitor our beaches for
Asand replenishment projects
-: yl and programs
0,011mYd APPtoprinbdIe FY21
"unditgt 15001 11.000105
1045,000 so 150,000 1110,000 $110,000 $125,000 6125,000 $125,000
13
March 15, 2016
60
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
Rudee Inlet requires nearly constant attention with sand moving along the Oceanfront. It constantly tries
to shoal the inlet. The City's annual expenditure toward this effort averages$400,000:
8D111111111•11111111-
•
``l' • Periodic maintenance dredging of Rudee Inlet
and connecting waterways
• Cost participate with U.S.Army Corp of
Engineers
• Maintenance dredge approximately
Jr
4 times per year
• Latest dredging completed March 2015
Pro0rammed Appiuplteted to FY17 'FY10 .111111111
FY2Y
Funding.. Date Requested
$4,210,000 $1,095.000 $400.000 $400,000 $425,000 W0.000 $400,000 2450,000
The Rudee Inlet Outer Channel has a two-year maintenance cycle. The last dredge was competed in
December 2013:
8 HANNEL
M
• Maintenance dredging
of deposition basin in
the outer portion of
Rudee Inlet
• Two year maintenance
cycle
• Latest dredge
• completed December
2013
Programmed. A1NMopietW to FY11 FY10 FY40 F120 FY 21 ;lin
,.
funtho* Date Requested
211,025.000 12,200,000 1070,000 0700.000 2700,000 $700,000 $100.000 $750,000
March 15, 2016
61
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
8 DEE
INI - - -
*.4 • Rudee II built in 1987 and put
• into operation in 1988
• Dredge fully re-serviced and re-
painted on 4 occasions-- • Rudee Inlet inner channel and
sand trap dredged daily
g Y'" • Funding needed to purchase a
- replacement dredge
v ogronvl ed .,. toeatad Etta FY20min FY22
Funding
66,660,000 60 60 $6,000,000 66 60 60 60
Lynnhaven Inlet Maintenance Dredging II has a federal contract and is managed by the Corps of
Engineers. However the City, as the local sponsor for the project, cost shares in the project and provides
a number of items of cooperation—including a suitable location for the disposal of the dredged sand:
8'
• Periodic maintenance dredging
of Lynnhaven Inlet and s,.,,
connecting waterways '"
• Cost participation with U.S.
Army Corp of Engineers
• Three year maintenance cycle "
off1t
• Last full channel dredging s
completed December 2013
• Minor dredging completed
March 2015
• Next major dredging late 2017
subject to Federal funding
skssirarnirso ;Yl7- Vns' FY16 � FY21 Pn.yrs
u,717,160 6017,160 $300,000 6.326,000 650,000 6376,000 11376,000 $776,000
16
March 15, 2016
62
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
The City has a number of dredging contracts underway and is set to start,pending weather conditions:
gING
M
• Dredging of navigational
channels in various internal
waterways located
throughout the City
• Long Creek proper dredging
currently underway
• Crab Creek dredging recently
completed in February 2016
Programmed .Appropriated to MIME. FY10 Elm FY22
Funding Data
$3.076,000 $626,000 026.000 3160,000 $376.000 6600.000 8400,000 $400,000..
8-00 ��NGAVEN
RIV
• Dredging of Western Branch
Lynnhaven River main channel
• Project includes:
• Mechanical dredging and truck
hauling to Whitehurst Dredged
Material Management Area
(located off Oceana Blvd.)
• 84,700 cubic yards to be dredged
• Canoe/kayak launch and crew
facility
• Project completion Spring 2016
Pr 90to 7 >FY18 3'� TYRO -FYxt . `'FY22
dia$ Oat* Bad
$0070,720 $0.070,720 30 $0 60 30 $0 60 ...
March 15, 2016
i 11
63
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
RI1111111111111111111111111111
NG VEN
• Dredging of Eastern Branch
Lynnhaven River main channel
• Project includes:
• Mechanical dredging and truck
hauling to Whitehurst Dredged
Material Management Area
(located off Oceana Blvd.)
• Canoe/kayak launch combined
with permanent dredge material
transfer facility
• Design Underway
• Construction of transfer facility
start Summer 2017
Eall Appritttad to Raws/eq... d py�g';,a. FY'10 9912
Dala MEE
66,160,000 scum100 $0 so $0 70 $0 $0
The Neighborhood Dredging SSD Program is funded through a SSD Real Estate Tax Surcharge.
Currently, seven (7)projects have been approved by City Council:
N E111111111.11111111111 I
• Supports City Council
Goal#4:Revitalize
Neighborhoods and Plan
for the Future
• Re-establishes Use of
Navigable Channels
• Improves Water Quality
March 15, 2016
64
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
NEI
111111.11111111111.4
35-Districts Requested
Evaluation
13—Petitioned
5-Failed
1-In Petition Phase
7—Adopted
5-Design/Permitting
Phase
1 -Under Construction
1-Completed
C .
NE D PROGRAM
8-500 Old Donation Creek �*°''. ,,70.
8-501 Bayville Creek
miamosseVan
8-502 Shadowlawn i. 'j'_'� � �'
8-503 Chesopeian Colony _` "�°
Mitr
8-504 Harbour Point r�
�r -w
weE
8-016 Gills Cove � �_
8-505 Hurds Cove = -
March 15, 2016
65
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
8''
• SSD Adopted 9/13/11
• 62 properties involved oOQoO 'b. QtP
and approximatelym° jog
`
26,000 CY of dredging .> i ar
• Construction complete "{", ' ,
late Spring 2016 -V,IyF \NY
_ sff_xYP
P`agrnlmmed APP15/40111163 "FYI? _ .`<�FY10 FY19 ':..
FundingDa% R•qu00f.d 11111111111111111
$1,000000 $1,010,000 $0 $0 11111,000 $070,000 $0 !0
7 II
• SSD Adopted 3/27/2012 00101.01:v04,
• 12 properties involved sow s.� ta���
and approximately 1,,4®01 141V
14,000 CY of dredging �1`®®e
• First cycle completed
2/29/2016 „,��®
Foyesnamed Approp1ai dto .FY17 air 10 0 FY20 FY21 FYt2
ding Dasa 8551/5
$1,001,300 21,003,300 20 00 $0 292,000 8000,000 $0
March 15, 2016
I i
66
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
8-5• SSD Adopted 3/12/2103 I
• 31 properties involved and •:oo�•""``''�
r.t rrttg Rttt•i i
approximately 9,000 CY of \ vas, ta��� "
dredging `� tsr1ax•siittnn�,Rtr
sitz y►it►on Thiel L'��'',
• Dredging plans are 95% i•���`t•►•t16 0
®F{tibl l
complete,permits are under �.�,41- �u ',r
agency review �� � �`
• Project will be bid with Harbour 111.4.1
Point • �# •
• July 2016 construction start
Programmed Appropriated to #'YI? 1Y18 FY42
Funding Date Requested
$488,801 $487,508 $4 $0 $0 $42008 $208,400 $0
• SSD adopted 1/14/2014
• 46 properties involved and
approximately 5,000 CY of
dredging
CY1 !��' A ', 1 • Dredging plans are 95%
a�°4c1.'.•` complete,permits are under
O•oosh � P
Oaooc`o 4- ♦3 - agency review
� •c`,'!�
� �yv
•-w' �' • Project will be bid with
y�� Shadowlawn
==."— }7Lf7 �,� ,'rt; • July 2016 construction start
Programmed Aplaop4tld to FY17' '#Y18 :FY18 FY20
Funding Date Requested
$442,510 8114,810 $0 $0 50 80 $22000 $108000
March 15, 2016
67
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
8- m
f< • SSD adopted 8/13/2013
�pF.. • 131 properties involved and
� > approximately 30,400 CY of
S 1a 4dredging
,/f* ;r 'N�,; • Dredging plans are complete,
� ° oe�, ,, permits are under agency review
`. • September 2016 construction
start
eA,/ ' :,7 L4A4 is-1
°'Fa ®ud Requested
$4,714,034 $2,677,034 a0 $0 $0 $0 $340,000 $1,007,000
8-0111111111111111111
i - • • SSD adopted 3/25/2014
'.-. , • 24 properties involved and
approximately 13,000 CY
`` ', � o�:�lt�� �' of dredging
�.�®��4 • Dredge master plan and
)7' 011.0'x:%' permit application under
development
• Dredging early 2017
�nd001 iOgrO ab3ad to ^fuer .res F71p ren fYY2
.FuMIaO �Nab Requested
�,�".
$1,370,720 $140,010 $034,072• $0 mm 00 80 000,107 $400,777
• FY 17 request-$275,791 of total Is the estimated cost
for access baeln dredging reimbursed by homeowners
March 15, 2016
68
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
8
r �
• SSD adopted 1/20/2015
' � /
• 91 properties involved and
' approximately 59,000 CY of
dredging
<. • Hydrographic survey
4 ` completed,dredge volume,
444
?` wetland impacts being
evaluated.
• Construction late 2017
f
Programmed Appropriated to ropria =1'944,>a MillPY90 11111
fa0dln0 Oats Requested
$3,402000 $100,000 82,640,000• $0 $0 $0 $0 10
• FY 17 request-7614,379 of total Is the estimated cost
for access basin dredging reimbursed by homeowners
EM1111.1111.1111
• Rudee Inlet Outer Deposition Basin Shoaling
• Cape Henry Beach Emergency Sand Haul
• Croatan Beach Dune, Shoreline and Dredging
Study
• Lynnhaven Inlet Jetty Study
• Chesapeake Beach Future Funding
• Cape Henry Beach
-Beach nourishment provides the benefits of a wider
recreational beach but the most critical benefit is
resiliency and storm damage reduction.
30
•
March 15, 2016
69
CITY MANAGER'S BRIEFINGS
CAPITAL IMPROVEMENT PROGRAM(CIP)
COASTAL
ITEM#65736
(Continued)
Comments and Questions?
Thank You!
ai
Mayor Sessoms thanked Mr. Adams and the entire Public Works Department for their continued hard
work and dedication to the City.
March 15, 2016
70
ADD ON
CITY MANAGER'S BRIEFINGS
ADMINISTRATION BUILDING-CIP
ITEM#65737
5:00 P.M.
Mayor Sessoms welcomed Tom Leahy, Interim Deputy City Manager. Mr. Leahy expressed his
appreciation to City Council for their continued support and advised today's presentation is at City
Council's request. On March 3rd, a Citizen and a member of VBPRO, who had submitted an unsolicited
proposal under PPEA, spoke during Open Dialogue and expressed concern regarding the new Parks and
Recreation Administration Building:
11111111.
I. i .._ _ _.. _.. -_r ,... _.
Information Brief for March 15, 2016
New Parks and Recreation
Administration Building—CIP 4-503,
PWCN-16-0049
Below is the Parks and Recreation Proposal and Project Timeline:
VBPRO Proposal and Project Timeline
• Sep 24,2015: The City received an unsolicited PPEA proposal
from VBPRO while 90%plans from the architect were under
review by staff
• Oct 08,2015: The City rejected the PPEA proposal because the
building design was nearly complete
• Oct 22,2015: 100%plans were received from the architect.
The project was competitively bid on Jan 10,2016. Sealed bids
were due on Feb 24,2016
• Feb 23,2016: One day before bids were due,the City received
a second unsolicited PPEA proposal from VBPRO
• March 11,2016: The City rejected the proposal because the
cost per square foot of the PPEA proposal was 11%greater
($337/sq-ft vs$303/sq-ft)
2
March 15, 2016
71
ADD ON
CITY MANAGER'S BRIEFINGS
ADMINISTRATION BUILDING- CIP
ITEM#65737
(Continued)
The five (5) things below were evaluated and normalized to the low bid received pursuant to the "design-
bid-build"solicitation:
Quantifiable Aspects of VBPRO Proposal Which Were
Evaluated and Normalized to the Low Bid Received
Pursuant to the Design-Bid-Build Solicitation
• Smaller building proposed by VBPRO (23,854
sq-ft vs 27,446 sq-ft)
• Lower number of parking spaces proposed by
VBPRO (126 vs 176 specified in the design
plans)
• VBPRO site surcharging requirements
• Furniture included in VBPRO proposal
• Schedule delay resulting from canceling bids
and initiating a PPEA design-build process
3
Non-Quantifiable Aspects of VBPRO Proposal Which
Were Not Normalized to the Low Bid Received
Pursuant to the Design-Bid-Build Solicitation
• VBPRO proposal does not appear to include a geothermal heat
pump or interior LED lighting. Roof warranty details unclear
• Smaller VBPRO building combined with an unknown floor plan
• City plans and specifications designed to accommodate
staff and public needs.VBPRO interior office space
layouts,adjacencies,conference rooms,and collaborative
work space were not identified
• Quality: Standard Commercial Construction versus what is
specified in the City's plans and specifications
• Quality of materials and workmanship for the VBPRO
proposal could not be evaluated as the level of detail
necessary was not available
March 15, 2016
72
ADD ON
CITY MANAGER'S BRIEFINGS
ADMINISTRATION BUILDING-CIF
ITEM#65737
(Continued)
Below is a comparison of VBPRO Site A versus Site B:
VBPRO Site A vs Site B
• VBPRO proposal is based on Site "A" (southeast
corner of Dam Neck Road and Landstown Road)
—This site is targeted for economic development—a
higher and better use
• VBPRO Site "B" is the location within the Princess
Anne Athletic Complex specified in the City's
plans and specifications
— Higher site development costs
—VBPRO proposal did not address higher costs
—Additional costs might materialize during the design-
build negotiations
The administrative requirements below are in the VBPRO proposal that would not be carried forward in
a PPEA process:
Administrative Requirements in VBPRO
Proposal that Would not be Carried
Forward in a PPEA Process
• Interim plan review/comment period: 5 days
• Final plan review/approval period: 10 days
• City staff access limited to certain areas during
critical elements of work
• All change orders resulting in a price increase
must be approved by City Council
• Excluding these mandates might increase cost
during the design-build negotiations
March 15, 2016
73
ADD ON
CITY MANAGER'S BRIEFINGS
ADMINISTRATION BUILDING- CIP
ITEM#65737
(Continued)
Below is the evaluation of schedule impacts from the existing design-bid versus the PPEA design-build:
Evaluation of Schedule Impacts: Existing
Design-Bid vs PPEA Design-Build
Existing Design-Bid Schedule
Start End
Date Duration Date
Bid Open to NTP 2/24/16 68 5/2/16
Construction 5/2/16 549 11/2/17
Close Out 11/2/17 30 12/2/17
Total Duration 2/24/16 647 12/2/17
Design-Build Proposal Development Schedule
Start End
Date Duration Date
Design Build
Package Cit' 2/24/16 150 7/23/16
Process
Review/Award 7/24/16 240 3/21/17
Award to Design 3/21/17 150 8/18/17
Surcharge site Based on 8/18/17 120 12/16/17
Construction VBPRO 12/16/17 270 9/12/18
FF&E/Close Out Proposal* 9/12/18 30 10/12/18
Total Duration 2/24/16 961 10/12/18
"Actual schedule maybe longer because administrative mandates would not be included in final contract
Below are the adjustments/normalization of the VBPRO proposal to the existing low bid:
Adjustments/Normalization of the VBPRO
Proposal to the Existing Low Bid
nems Compared between VIA Design and VBPRO Pmpceal
for Parks and Recreation Administration Building CIP 4-503
Eablleg Low lid VBPRO
SF BLDG(2 story) 27,446 23,854 SF(1 Story)
Storage Bldg 4000 4000 Storage Bldg
Furniture Separate Mit of New/Refurbished
parking 116 126 50 parking
spaces short
Existing Lew Old VBPRO
Cost Comparison
Bld Prim $9,225,000 $9,140,000 VBPRO Offer
50 additional
Price Includes parking parking places Ell
for 176 spaces $ 150,000 $3,000/Space
Ma Design does not
require surcharging $ 94,000 She Surcharge
sae
S 9,225,000 $9,384,000 •add 12 months to
VBPRO's schedule
Furniture $ 300,000
Comparison $9,525,000 $9,384,000
$902.90/sf $336.90/sf
March 15, 2016
74
ADD ON
CITY MANAGER'S BRIEFINGS
ADMINISTRATION BUILDING-CIP
ITEM#65737
(Continued)
Summary
• The low bid received in response to the design-bid-build
solicitation is based upon complete,professionally signed and
sealed drawings and specifications that specify all details of the
project,including quality
• The VBPRO PPEA proposal includes limited or no specificity in
many areas. Features and options included in the City's low
bid do not appear to be in the PPEA proposal
• The impact upon quality or operating expenses can not be
evaluated. Proposal at Sec.2.e: "Standard Commercial
Construction at significantly less cost than sometimes excessive
government Construction Standards"
• What can be evaluated indicates that the cost per square foot
of the VBPRO proposal is 11%higher,and the PPEA process
would require nearly one more year to complete
QUESTIONS?
March 15, 2016
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75
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65738
5:22 P.M.
Mayor Sessoms advised the Pending Planning Items will be rescheduled to March 22, 2016, due to time
constraints.
March 15, 2016
fI
76
CITY COUNCIL'S COMMENTS
ITEM#65739
5:22 P.M.
Mayor Sessoms requested City Council defer any comments unless something is necessary due to the time
constraints. Hearing no objection, the Mayor expressed his appreciation to City Council.
March 15, 2016
77
AGENDA REVIEW SESSION
ITEM#65740
5:22 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Resolution requesting the Circuit Court to Order a Referendum Election on:
"Whether the City Council should adopt an Ordinance
approving construction of an Expansion of Light Rail to Town
Center if the cost of construction and operation will not require
any additional tax increase"
(Sponsors: Councilmembers Dyer, Kane, Uhrin, Wilson and
Wood)
2. Resolution, to DIRECT the City Manager to make a RECOMMENDATION on the
27`"Street Gap Financing application under the Virginia Tourism Gap Financing
Program; and, PROPOSE a schedule for City Council action (Sponsor: Councilman
Moss)
3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with
Hillier Ignite,LLC re a Fitness Park at 36`"Street
DISTRICT 6—BEACH
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Lumos
Networks,Inc.for Dark Fiber Strands in the City's Communication Network at 22nd
Street and Mediterranean Avenue
5. Ordinance to ADD Section 5-549 to the City Code for the restriction of pet shop sales
of dogs.
6. Ordinance to AUTHORIZE temporary encroachments into Lake Wesley for CBC
Holdings, LLC re piers, bulkhead, boatlift and pilings at 549 Virginia Dare Drive
DISTRICT 6—BEACH
7. Ordinance to CONFIRM the City Clerk's appointment of Terri Chelius as Deputy
City Clerk II, effective March 7, 2016
8. Ordinance to ACCEPT,APPROPRIATE and TRANSFER:
a. $163,000 in an interest-free loan to Kempsville Rescue Squad,Inc. re purchase
of a new ambulance
b. $129,968 from the Virginia Department of Health's Office of Emergency Medical
Services(EMS) re Four-for-Life Grant to enhance rescue and medical
capabilities
ITEM#1 WILL BE CONSIDERED SPEARATELY
COUNCLMAN DYER WILL BE BRINGING ALTERNATE VERSION FORWARD FOR#1
ITEM#2—APRIL 12,2016, WILL BE INSERTED IN THE RESOLUTION
ITEM#5 WILL BE CONSIDERED SEPARTELY
March 15, 2016
78
AGENDA REVIEW SESSION
ITEM#65740
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. CULLIPHER FARM and POTTER PROPERTIES GROUP LLC for a
Conditional Use Permit re a Farm Stand(Stoney's)at 1065 First Colonial Road
DISTRICT 5—LYNNHAVEN
2. MARGARET BAINfor a Conditional Use Permit re a residential kennel at 1652
Flanagans Lane DISTRICT 7—PRINCESS ANNE
COUNCIL LADY HENLEY WILL ABSTAIN ON ITEM#1
ITEM#2 WILL BE CONSIDERED SEPARATELY
March 15, 2016
79
ITEM#65741
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
• Beach District
• 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
March 15, 2016
80
ITEM#65741
(Continued)
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into
CLOSED SESSION at 5:32 P.M.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
(Closed Session 5:32 P.M. - 5:55 P.M.)
(Working Dinner 5:36 P.M - 5:40 P.M.)
March 15, 2016
� SII
81
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
March 15,2016
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, March 15, 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: Reverend Dr. Stanley W. Sawyer
Pastor, All Saints Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at
297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne
Bank has an interest in numerous matters in which he is not personally involved and of which he does not
have personal knowledge. In that regard, he is always concerned about the appearance of impropriety
that might arise if he unknowingly participates in a matter before City Council in which TowneBank has
an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services
Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter
and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to
thoroughly review each City Council agenda to idents any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal
interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
January 13, 2015, is hereby made a part of the record.
March 15, 2016
82
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 identiffing 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 idents 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.
Mayor Sessoms welcomed Boy Scout Troop 141
March 15, 2016
83
Item—VI-E
CERTIFICATION
ITEM#65742
Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council
CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 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
March 15, 2016
IIII I
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OF`•OUR NAS\ONS
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#65741 Page 80 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.
R Hodges Fraser,MMC
City Clerk March 15, 2016
I I I I
84
Item -VI-F
MINUTES ITEM#65743
Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS March 1, 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
March 15, 2016
85
ADOPT AGENDA
FOR FORMAL SESSION ITEM#65744
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
March 15, 2016
I II i I
86
Item- VI-H
MAYOR'S PRESENTATION
ITEM#65745
PROCLAMATION:ADVANCE CARE PLANNING
Dr. Heidi Kulberg, Virginia Beach Department of Health—Director
Paige Crunk, Health Services Advisory Board—Chair
Victoria Strasnick, Health Services Advisory Board—Co-Chair
APRIL 2016—ADVANCE CARE PLANNING MONTH
Mayor Sessoms declared April 2016 Advance Care Planning Month and requested the citizens,
government agencies,public and private institutions, businesses and Schools in Virginia Beach to commit
to increasing the awareness and understanding of Advance Care Planning and the steps our citizens can
take to protect themselves and their loved ones with dignity inherent in a completed and documented
advance directive for health care.
Dr. Kulberg expressed her appreciation to City Council for their continued support of the Health Services
Advisory Board.
March 15, 2016
1 11 i I
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WIIE(RAS:: Advance Care:Pfanning allows individuals to make cfeardecisions about the care they would want to
receive, on the basis of personal-values and preferences,should they become unable to speak for
themselves;and
WNEKMS: Studies indicate more than 90 percent of the public recognize the importance of honoring
each individual's wishes for treatment at the end of fife, but less than 30 percent of all Virginians have '
esecutedan advance directive making their wishes known;and
WNE( AS:• Advance Care Planning Month is designed to raise public awareness of the importance of planning
aheadfor end-of-fife decisions or medical treatment should one be unable to communicate these wishes
and to encourage the spec use of advance directives to document these important health care decisions;
and
WNE( S: It is important for all organizations and businesses promoting Advance Care Planning to provide
clear anti consistent information to the public about advance directives;and
'WEE S: The Virginia Beach 7feafth Services Advisory Board supports the workof the Advance Care:Planning
Coalition of Eastern Virginia,a unique collaborative effort represented by Sentara 7feafthcare,Bon
Secours 7fampton Woads, Chesapeake (egional ffeafth Center, Rjverside7fealthSystem,andSenior
Services of SoutheasternVirginia,the:Peninsula Agency on Aging, Bay Aging and Eastern Shore Area
Agency on Aging who have formed a partnership to engage adults,18 years of age and offer, in the
awareness and understanding of Advance Care(Planning and the completion of advance directives;and
'WNtERS: The Advance Care Planning Coalition of Eastern Virginia is responsible for initiating the Virginia
(General Assembly Wesofution recognizing April of each year as Advance Care(lanning,month,
thereby creating an appropriate period forpublic health, medical legal and human service organizations
to participate in regional-and Commonwealth-wide efforts to improve public knowledge and increase
the number of Virginia residents with advance directives;and
WNE( S: Endorsing organizations for the State(Psofution included the MedicafSociety of Virginia, the Virginia
Association for Jfospices and(alfiative Care, the Virginia Department for Aging and(jehabilitative
Services, the Virginia Department of BehaviorafHfeafth and Developmental Services and the Virginia
Department of Wealth, the Virginia Wealth Care Association,and the Virginia rfospitafand Jfeafthcare
Association.
Now Therefore,I,William D.Sessoms,Jr.,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim:
Apri(2016
Advance Care Planning Month
In'Virginia Beach,andfurther calf upon the citizens,government agencies,public andprivate institutions,businesses and
schools in Virginia Beach to commit our community to increasing awareness and understanding of advance care planning
and the steps our citizens can take to protect themselves and their loved ones with the dignity inherent in a compfetedand
documented advance directive for health care.
—' t/I 4)4441 --
"•»'= `Williams D.Sessoms,Jr.
Mayor
87
Item - VII-I
PUBLIC COMMENT
ITEM#65746
Mayor Sessoms DECLARED PUBLIC COMMENT:
COMPREHENSIVE PLAN:2016
The following individuals registered to speak:
Barry Frankenfield advised the Planning Commission deferred the item until April 13, 2016, and
tentatively scheduled to be before City Council for consideration on May 17,2016.
E. George Minns, advised he had hoped the Public Comment would be cancelled since the Planning
Commission deferred this item until April 13, 2016. He feels this came to City Council prematurely. Mr.
Minns submitted written comments that are hereby made a part of this record.
There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT on
COMPREHENSIVE PLAN:2016
March 15, 2016
Print Page 1 of 2
Subject: MINNS-SEATACK OBJECTION TO PUBLIC COMMENT SESSION
MARCH 15, 2016
From: George Minns (georgeminns1952@yahoo.com)
To: wsessoms@vbgov.com; rhfraser@vbgov.com; mstiles@vbgov.com;
cmoffice@vbgov.com;
georgeminns1952@yahoo.com; arjackso@msn.com;
coastalvawomen@gmail.com; ggluckygirl@yahoo.com;
tmrice@obicihcf.org; susiewh100@cox.net; ygpreacher7@yahoo.com;
Istladypoole@gmail.com; holycity777@gmail.com;
james@thejamesallengroup.com; jcoston@vbgov.com;
vcopeland@aol.com; reverendcowboy@gmail.com;
Cc: pastornathanielford@gmail.corn; bnhb1970@aol.com;
trace1000@gmail.com; darryl.thompson.ctr@navy.mil;
barbarajeanolds@yahoo.com; billtom07@yahoo.com;
mountolive.baptistchurch@yahoo.com; adtpenny@aol.com;
diyan.ward@gmail.com; elsieharris@verizon.net; elogan9@cox.net;
allengf@msn.com; cwright711 @gmail.com; eyecan4c@yahoo.com;
jiking2@verizon.net; sccI1942@cox.net; king1b50@aol.com;
Date: Tuesday, March 15, 2016 4:27 PM
TO: Hon. Mayor Willism D. Sessoms, Jr., Chairman - Virginia
Beach City Council, and
All Member of the Virginia Beach City Council, and
Mr. Mark Stiles, City Attorney, and
Mr. Dave Hansen, City Manager
PLEASE TAKE NOTICE OF THE ATTACH NOTICE TO
RISE IN CONSTITUTIONAL OBJECTION AT TONIGHT'S
CITY COUNCIL SESSION - MARCH 15, 2016.
Respectfully submitted,
l:t�.// /TT. ... /. /A FT TGTTT1V[I77 k "//1 GM/11I
Print Page 2 of 2
E. George Minns, Presiding Officer Seatack Community Civic
League Administration SCCL - P. O. Box 4252 - Va. Beach,
VA 23454 C: (757) 575 - 8109 www.seatackcivic.org
Attachments
• MINNS POINT OF ORDER OBJECTION TO PUBLIC HEARING
MARCH 15, 2015.pdf(244.27KB)
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VIRGINIA:
IN THE VIRGINIA BEACH CITY COUNCIL FORMAL SESSION
DATE: MARCH 15, 2016
E. GEORGE MINNS - SEATACK COMMUNITY
CONSTITUTIONAL POINT OF ORDER NOTICE
OBJECTION TO CITY COUNCIL HOLDING A PUBLIC HEARING DURING
CITY COUNCIL FORMAL SESSION ON MARCH 15, 2016 ON THE 2016
UNCONSTITUTIONAL VERSION OF THE CURRENT
FINAL DRAFT OF THE COMPREHENSIVE LAND USE PLAN
DIRECTED TO: HON. MAYOR WILLIAM D. SESSOMS, JR, AND
ALL MEMBERS OF VIRGINIA BEACH CITY COUNCIL, AND
MR. MARK STILES, CITY ATTORNEY, AND
MR. DAVE HANSEN, CITY MANAGER, AND
MR. BARRY FRANKENFIELD, DIRECTOR OF PLANNING, AND
ALL MEMBERS OF VIRGINIA BEACH PLANNING COMMISSION
PLEASE TAKE NOTICE that on Tuesday evening, March 15, 2016 at 6:pm that
I, E. GEORGE MINNS, Civil Rights Citizen Complainant and aggrieved party
herein, on behalf of myself, individually, and in my official capacity, as a Black
community civic/ civil rights leader, in the 200 plus historic Black community of
Seatack, Virginia Beach, shall appear before the Honorable Mayor William D.
Sessoms, Jr and all other members of the Virginia Beach City Council, being the
governing body in and for the City of Virginia Beach to RISE TO A
1
CONSTITUTIONAL CHALLENGE, pursuant to Robert's Rules of Order—
"Citizen POINT OF ORDER" to City Council holding a prematurely scheduled
and required "PUBLIC HEARING", which City Council gave public notice of
PREMATURELY before the Planning Commission approved it or recommended it
to City Council, pursuant to Code 15.2-2223, under the guise of a fraudulent
governmental allege "PUBIC COMMENT SESSION", shown in the current
March 15, 2016 Brief Council Agenda as Item "I" —Public Comment—
Comprehensive Plan: 2016, which is by law, actually on the current
unconstitutional 2016 "FINAL DRAFT" —COMPREHENSIVE LAND USE
PLAN that contain numerous CONSTITUTIONAL DEFECTS, inplain view—on
its face, within numerous pages that renders it a constitutionally invalid
Comprehensive Plan for which no public comments should be allowed, until all
known constitutional DEFECTS, being a [nullity] in law, pursuant to the Dillion
Rule, in its current form; that does contain Mr. Barry Frankenfield, Director of
Virginia Beach Planning Department's unconstitutional local government
suppression of Minns' personal free speech, in this public issue, on its face, (a) Mr.
Frankenfield's intentional misrepresentations of historic Seatack Black
community's actual recorded local, state and federal history from 1500s to present
day, and (b) by Mr. Frankenfield's using his city official governmental police
power to arbitrarily and unreasonably denying Minns personally, without any post-
deprivation proceeding, a Black person and community elected civic leader/ civil
rights leader his First Amendment right of free speech and objection, and further
denying Minns without fundamental due process notice of the actual date the Final
Draft was going to print, during the pre-fmal draft stage prior to printing the Final
Draft (in question) to present to City Council for the "Public Comment session in
question on march 15, 2016, on behalf of himself and his beloved Black civic
community of Seatack, to correct numerous Mr. Frankenfield's and his city
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planning department staff's [bad faith] FALSE BLACK HISTORY regarding
"Seatack", AND WRONGFUL CUTTING OUT SECTIONS OF MINNS
RESIDENT (in Atlantic Park section of the historic Black community of Seatack)
from the Comprehensive Plan Map on page 38 of 40 of SFA-9 in this 2016
Comprehensive Plan regarding this historic Black community of Seatack—
Virginia Beach, after granting all white civic community leaders such as Mr. Sam
Reid and their white communities in the same Oceanfront Beach District
everything they desired for their "white community", such as North Beach, Shore
Drive, Old Beach and Mr. Sam Reid's civic community known as "Oceana"; and
further, arbitrarily, unconstitutionally in bad faith, and unreasonably cutting out
Minns family's historic 1800s Seatack Black family cemetery at 221 South
Birdneck Road, identified as Tax Map 2417-12-6332, in the Seatack community
that has been a part of the historic Seatack community since the mid 1700s to early
1800s; and further, arbitrarily, unconstitutionally and unreasonably in bad faith
cutting out and removes the "historic Seatack Park" on South Birdneck Road, and
Minns' family members land on two sides of this historic public park; and for
arbitrarily and unreasonably cutting out valuable Lake Rudee waterfront property
of the Black community of Seatack from being [within] the historic Black
community of Seatack.
MINNS GOOD CAUSE TO RISE IN OBJECTION:
In direct support of the above described United States Constitutional DEFECTS
contained therein the FACE OF THE PAGES of the 2016 Final Draft of the
Comprehensive Plan in question herein, Minns hereby set forth his constitutional
challenge against the City Council holding any Public Comment Session or any
other form of a Public Hear regarding the current unconstitutional and fraudulent
2016 Final Draft—Comprehensive Plan or Comprehensive Land use Plan prepared
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by Mr. Barry Frankenfield, Director of Virginia Beach Planning Department and
his staff, prematurely submitted to City Council, prior to the March 9, 2016 11-0
vote of the Virginia Beach Planning Commission NOT TO SUBMIT it to City
Council for Public Comment or Public Hearing, but rather to DEFER their official
Planning Commission action under Code 15.2-2223 until their April 13, 2016
Planning Commission meeting to allow for all of Minns' unconstitutional claims to
be timely and properly corrected by Mr. Frankenfield and his Planning Department
staff, as Minns personally appeared and requested at their March 9, 2016 Planning
Commission Meeting. Consequently, it is and will be bad faith, arbitrary, and
constitute an abuse of discretion and contrary to law for the City Council to go
forward with its prematurely scheduled "Public omment session" on March 15,
2016. Accordingly, Minns states as follows in support of his constitutional
objection to any "Public Comment session or otherwise "public Hearing on the
Comprehensive Plan— 2016" to night, and shall PERSONALLY APPEAR AND
RISE TO A "POINT OF ORDER" AND DEMAND A RULING FROM MAYOR
WILLIAM D. SESSOMS, JR.....IF THIS PUBLIC COMMENT SESSON
TODAY, MARCH 15, 2016 IS [NOT] CANCELED, OR OTHERWISE
DEFERRED TO A LATER DATE, AFTER THE PLANNING COMMISSION
HAS APPROVED ALL CONSTITUTIONAL CORRECTIONS OF THE BLACK
HISTORY OF SEATACK, AND FURTHER INCLUDED ALL HISTORIC
LAND SECTIONS INSIDE OF THE SEATACK BOUNDARY MAP within the
pages of the then corrected version of the Comprehensive Plan —2016:
1. Minns states that he has personally resided in the Atlantic Park section of
historic 200 plus Black community of Seatack, Virginia Beach, as a child
growing up in the 1950s and 60s, and further, during a major part of his
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adult life, and is currently a lawful resident on Shipps Lane in Atlantic Park
today.
2. Minns further asserts that he does have a personal interest at stake in these
land use matters, in that he is a member of a 127 year old Black civil rights
family of the Seatack community.
3. That 60 to 70% of the Black citizens of Seatack are members of his
immediate family, either on his mother's (Owens family) side, or his father's
(Minns family) side.
4. That his counsins in the historic Morgan family founded the first church in
the entire Virginia Beach—Oceanfront Beach District No. 6 in the 1800s,
being Mount Olive Baptist Church—310 North Birdneck Road, Virginia
Beach, VA. 23451.
5. That all allegations, claims and statements of Minns, described above are re-
stated here by reference, in support of Minns' request herein for "NO
PUBLIC COMMENT SESSION" TONIGHT MARCH 15, 2016 beforer
City Council, including all allegations, claims, and statements make by him
in his three (3) timely filings of his individual and official constitutional
defect complaints of (1) January 20, 2016, (2) January 28, 2016, and
March 1, 2016 in the office of(a) Barry Frankenfield, Mayor Sessoms', City
Attorney Mark Stiles, and Mr. Dave Hansen, City Manager here, by
reference, and the same should be before City Council, in the official records
of this matter before City Council. Since Minns did ask that all of the above
filings be made a part of the official records of the city in this matter.
MINNS CONSTITUTIONAL ARGUMENT IN SUPPORT:
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6. That Mr. Barry Frankenfield has, at all relevant times herein, done a lawful
thing in a bad faith, arbitrary and unreasonable and unlawful manner and the
same did and does constitute an abuse of his planning department discretion.
Norton v. City of Danville, 268 Va. 402, 407, 602 S.E.2d 126, 129 (2004);
and further, that on March 9, 2016 the Virginia Beach Planning Commission
did seek to correct these bad faith and harmful constitutional wrongs against
Minns and other members of the protected class of Atlantic Park, Old
Virginia Beach Road (west), and other Seatack residents, based on Minns's
comments to the Planning Commission on Marcvh 9, 2016.
7. Minns asserts that the only way to began to correct the historical city wrongs
against his beloved Black community of Seatack is for Mayor Sessoms to
remove this particular Item "I" from the Council's Agenda tonight and to
delay or defer the public input until after all corrections to the current
[constitutionally defective] version of the Final Draft—Comprehensive Plan
2016 is done and fully complete, on the pages of that document.
8. Minns states to not cancel the public comment session this eyeing (March 15,
2016) would effectively operate to further racially discriminate against inns
individually and his beloved historic Black community of Seatack as a whole,
in direct violation of the expressed terms and provisions of both the
Constitution of the United states, under Article 14, Section 1 "that No state shall
made or enforce any law that abridge the rights and privileges of a citizen (such
as Minns and other Black Seatack citizens), nor deny them as residents of
Seatack the equal protection under the law, as members of the protected class
for which the 14 Amendment, and Article 1, Section 11 of the Constitution of
Virginia was enacted to protect against "racial discrimination".
6
9. Minns states further that the constitutional and fundamental wrongs complained
of here in are and were arbitrary, contrary to both state and federl law, and
further bears no reasonable or substantial relation to the public health, safety,
morals or general welfare, and are not "fairly debatable", which defeats all
presumption of validity. See: Board of Supervisors v. Snell Constr. Corp., 214
Va. 655, 659, 202 S.E. 2nd 889, 893 (1974).
10. Further Minns asserts that to cancel or delay the Public Comment Session this
evening March 15, 2016 will not prejudice the Mayor or City Council, or any
member of the general public or Mr. Frankenfield or the Planning Commission
or Department. Yet, on the other hand will surely further prejudice and
discriminatorily harm Minns and the Black community of Seatack.
11. Minns states that this action is hereby against Mayor Sessoms and all members
of Virginia Beach City Council in their [official capacity], and further against
the local government [entity], known as the City of Virginia Beach.
12. Minns further states that the constitutional wrongs herein did and does racially
discriminate against Minns personally as a Black person, against all Black
persons of historic Seatack community as a class of people of color, under the
Mayor's, City Council's, and the Planning Department's unconstitutional
aribitary and unreasonable custom, policy pattern and practice of anti-Black
History, and only giving local city government backing, and public funding
support to those things of"WHITE HISTORY ONLY" WITHIN THE
JURISDICTION OF Virginia Beach; that has violated Minns rights protected
under Virginia Constitution, Article 1, Section 11 that clearly, in its plain
meaning prohibits [race-based] and any other form of"racial discrimination';
v
that for city government to have in work and deed only preserved "white
communities" and"white communities' history" over the past 40 years, and
never preserved any Black history in the 200 plus American Historic
community of Seatack is and should be considered racial bias, prejudice against
Minns' personal 127 year old Black civil rights family of Seatack, and further
against the historic 200 plus historic Black community of Seatack that did build
the first "Town of Virginia Beach" in 1906, before the "City" ever existed on
the land of the Oceanfront District.
WHEREFORE, for the reasons so stated, I, the undersign hereby respectfully
request that Mayor William D. Sessoms, Jr., and all Members of the Virginia
Beach City Council hereby CANCEL or otherwise delay and defer any Public
Comment Session tonight, March 15, 2016 regarding the [premature] Final
Draft—Comprehensive Land Use Plan—2016, and I will appear tonight at the
City Council meeting to rise to a Point of Order in direct constitutional
objection against the same for the reasons so stated herein.
Date: March 15, 2016 Respectfully submitted,
Otweeie Maw
E. George Minns, Comp. Plan Complainant herein (without counsel)
236 Shipps Lane
Virginia Beach, Virginia 23454
(757) 575-8109
Email: georgeminns1952@yahoo.com
8
88
Item- VII-J
PUBLIC HEARING
ITEM#65747
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF City Property—Fiber Optic Dark Cable
22"d Street and Mediterranean Avenue
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
March 15, 2016
89
Item- VII-K
ORDINANCES/RESOLUTIONS
ITEM#65748
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT:Agenda Items 2, 3, 4, 6, 7 and 8a/b.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
March 15, 2016
90
Item -VI-K.1
ORDINANCES/RESOLUTIONS
ITEM#65749
Upon motion by Council Lady Wilson, seconded by Councilman Moss, City Council ALLOWED
WITHDRAWAL of the Resolution requesting the Circuit Court to Order a Referendum Election on:
"Whether the City Council should adopt an Ordinance approving construction
of an Expansion of Light Rail to Town Center if the cost of construction and
operation will not require any additional tax increase" (Sponsors:
Councilmembers Dyer, Kane, Uhrin, Wilson and Wood)
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
March 15, 2016
I 11 1 1 I
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City of Virginia Beach
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ROSEMARY WILSON PHONE: (757)422-0733
COUNCIL LADY AT-LARGE FAX (757)385-5669
March 11, 2016
Dear Mayor and City Council Colleagues,
I want to let you know that it is my intent to request withdrawal of the resolution on our Tuesday,
March 15, 2016 agenda requesting the referendum question on light rail. I have spoken to all but
one of the other sponsors of the resolution and we are in agreement. John Uhrin is out of town
and unavailable.
Respectfully,
2O e4n&.t y
Rosemary Wilson, At-Large Representative
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451
91
Item—ADD ON
ORDINANCES/RESOLUTIONS
ITEM#65750
Upon motion by Councilman Dyer, seconded by Vice Mayor Jones, City Council ADDED to the Agenda
a Resblution:
"Endorsing a November 8, 2016, Voter-Initiated Referendum Election on
the question of whether the City Council should spend local funds to
extend Light Rail to Town Center in Virginia Beach"
Voting: 8-3
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 and Rosemary Wilson
Council Members Voting Nay:
Mayor William D. Sessoms, Jr.
John E. Uhrin
James L. Wood
Council Members Absent:
None
March 15, 2016
I I I
92
Item—ADD ON
ORDINANCES/RESOLUTIONS
ITEM#65751
Tim McCarthy, Light Rail NOW, 5101 Cleveland Street, spoke in OPPOSITION. Mr. McCarthy advised
he is a long-time advocate of Light Rail and urges City Council to continue following the direction of the
Voters in 2012. Thus far, the City Council has been doing that as evidenced in 2015, when City Council
selected the Locally Preferred Alternative from Newtown Road to Town Center. City Council created a
revenue stream in FY2015/16 Budget sufficient to finance the City's construction, maintenance and
annual operating costs of Light Rail's extension to Town Center. City Council voted to make this project
a part of the City's six-year CIP as well as a part of the City's Strategic Plan. Mr. McCarthy asked that
City Council continue supporting the Voters direction.
Gordon Parker, Virginia Beach Vision, spoke in OPPOSITION. Mr. Parker is the President of Virginia
Beach Vision and feels the proposed Resolution is premature as the Circuit Court has not yet received a
Petition with the necessary signatures to place a Referendum on the Ballot. The Citizens already voted
on this very issue in 2012. As the City Council is aware, the true costs of the project will not be known
until Spring 2017.
Chris Stone, President of the Central Business District Association (CBDA), spoke in OPPOSITION
Mr. Stone requested City Council remain "neutral" on this request and continue to abide by the Voters
direction from 2012. 62% of the residents voted in 2012 to support the Light Rail Referendum and
supporting Councilman Dyer's request will send a message to those residents their vote did not matter. It
is becoming alarmingly difficult to lure young professionals to the City even though the experts say
Millennials will go where the jobs are. Salaries for young professional Engineers at his firm range from
$75-85,000 and yet those positions to go unfilled. For elected officials in the City to say Millennials are
"not a good fit for the City and they should move to Norfolk" makes it harder to attract the talent needed
to grow businesses in the City. ADP, a Fortune 500 Company, announced just today they were relocating
from Virginia Beach to Norfolk and bringing 1,700 jobs with an annual salary of$35,000.
Martha McClees, Virginia Beach Vision, spoke in OPPOSITION. Ms. McClees advised she wants to
clarify some points that have become "blurred" during the Light Rail debate. Light Rail opponents
charge Light Rail will not reduce traffic congestion and, therefore, claim it is a failed project. The fact is
this project was never intended to reduce current traffic congestion. Just as the Metro in the Northern
Virginia has done, Light Rail will provide commuters a travel alternative. The Transit Extension Study
lists two (2)primary objectives on which the Light Rail Extension should be measured. First, to support
the City's plan to limit suburban-style growth and development by attracting new business and residential
growth that extends along the Light Rail Corridor. 50% of the City's growth will occur in only 2% of the
City's land. Second, Light Rail should improve transportation, the transit system efficiency and inter-
modal connectivity.
Joash Schulman, President of the CBDX, spoke in OPPOSITION Mr. Schulman advised he is an
Attorney and the owner of two small businesses in the City. Having been born in 1979, Mr. Schulman is
sandwiched between "Generation X" and the "Millennials". He remembers the days before email and
became of age with the internet and social media; however, he still cannot figure out how to use Twitter.
If you listen to an elected official and certain members of the press, he is a part of young folks living in
parents' basement, seeking handouts, pats on the back and begging to borrow their parent's car. This
message is not only condescending and insulting; it is a dangerous message to send if the City is
concerned about keeping the City on track for future growth. This generation does not enjoy being
mischaracterized and told to move to another City. By supporting this Resolution, City Council is
essentially telling young folks the City is endorsing a pessimistic view.
March 15, 2016
93
Item—ADD ON
ORDINANCES/RESOLUTIONS
ITEM#65751
(Continued)
Jeanne Evans Cox, CBDA, spoke in OPPOSITION Ms. Cox advised the City wisely completed SGA's
for growth and development of the Urban Area in the City. This was done to protect neighborhoods and
to safeguard the rural areas of the City. This process was fully vetted over numerous years and
connectivity, both city-wide and regionally, was the common theme. The Commonwealth Transportation
Board has offered a subsidy of$155-Million to extend Light Rail to the City and to split the costs of Rail
cars. Voters supported the Referendum in 2012 even though the true costs were unknown. Now, the true
costs are expected to be far less than the estimated costs.
Teresa Stanley, spoke in OPPOSITION Ms. Stanley advised she is a member of the Human Rights
Commission. She encouraged City Council to reject Councilman Dyer's Resolution. Should Mr.
Atkinson's citizen-driven Referendum not have the required signatures to make it onto the Ballot, she is
hopeful City Council will not pursue a Referendum. She does not feel the City should align itself with Mr.
Atkinson's effort.
Cliff Rice, Human Rights Commission- Chairman, spoke in OPPOSITION. Mr. Rice read his letter of
March 11, 2016, a copy of which is made a part of this record.
James C. Sherlock, 1245 E. Bay Shore Drive, advised he received a copy of a FEMA GIS Flood Map
showing Town Center surrounded by water in a 50 year storm. A large amount of Light Rail is
submerged as well on this map. It just does not make sense to construct Light Rail into an area where
disaster is predicted. This will cause an emergency management nightmare.
Frank Papcin, 4008 Rumford Lane, spoke in OPPOSITION Mr. Papcin understands why there are
some concerns regarding the 2012 Referendum because the word "study"was left out. He recalls, at one
point, the City was offered a rail system be constructed over-head. He is still confused as to where this
project is going. He also is concerned about the annual operating costs. However, he feels the 2012
Referendum is adequate.
Mary Keefer, 4729 Eldon Court, Phone: 456-0007, supports open government. He feels that so much
information has changed since the last Referendum that there needs to be an additional Referendum.
E. George Minns, 236 Shipps Lane, Phone: 575-8109, advised, as a Civil Rights Leader, with over
116,000 citizens voting in support of the 2012 Referendum, he would say "Of the People, For the People
By the People". If there are enough signatures to satisfy the requirements of the Circuit Court, then so be
it; however, City Council should defer this proposed Resolution. Mr. Minns advised he does hope the
project does not come past Town Center.
Councilman Dyer made a Motion, seconded by Vice Mayor Jones, to ADOPT a Resolution:
"Endorsing a November 8, 2016, Voter-Initiated Referendum Election on
the question of whether the City Council should spend local funds to
extend Light Rail to Town Center in Virginia Beach"
After City Council's discussion, Councilman Dyer withdrew his Motion, Vice Mayor Jones, having
seconded the Motion, agreed. The Motion to Adopt the Resolution was WITHDRAWN
March 15, 2016
. )
v City of Virginia -Beach
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Vigo .com
HUMAN RIGHTS COMMISSION MUNICIPAL CENTER
(757)385-8374 BUILDING 18
2424 COURTHOUSE DRIVE
March 11, 2016
VIRGINIA BEACH HUMAN RIGHTS
COMMISSION MEMBERS:
The Honorable William D. Sessoms, Jr., Mayor
wM"CLIFF"RICE City Council Members
CHAIR
VIVIAN E.BLAIZE Dear Mayor Sessoms &CityCouncilmembers:
VICE-CHAIR y
TERESA STANLEY
2nd VICE-CHAIR The City of Virginia Beach Human Rights Commission respectfully
BEATRIZAMBERMAN requests members of Virginia Beach City Council to support extending
MICHAEL BERLUCCHI Light Rail into our city. The Human Rights Commission regards the
THOMASINE CUBINE conversation about transportation and Light Rail in Virginia Beach as one
of the most important public policy discussions in our city's history. Many
GERALDINE HUNT worthy arguments have been advanced about why extending Light Rail into
RAJEEB ISLAM Virginia Beach would benefit the city through economic development; one
L.W."DUFF KLIEWER,JR. underexposed component to this discussion is the impact improved public
MARY MATHENA transportation, including extending Light Rail into Virginia Beach, would
SYLVIA NERY-STRICKLAND have on the Human Rights of Virginia Beach Citizens
FATHER JAMES E.PARKE
LUIS A.RIVERA,MA Ed. We urge you to support extending Light Rail into Virginia Beach on a
Human Rights basis for the following reasons:
RONALD TAYLOR
• Light Rail will serve seniors who wish to remain in their own
RABBI ISRAEL ZOBERMAN
communities rather than in segregated facilities.
STUDENT COMMISSION MEMBERS: • Light Rail is vital to people with low incomes or people of color,
REAGAN BRACKNELL who own fewer cars and tend to live further away from living-wage
GAVIN MOULTON jobs.
CITY COUNCIL LIAISONS: • Light Rail would improve mobility for people with disabilities,
BOB DYER many of whom are not able to drive.
SHANNON DS KANE • Light Rail would provide personal mobility and freedom for people
EXECUTIVE DIRECTOR: from every walk of life by improving citizens' access to education,
REGINA S.HILLIARD,HR DIRECTOR employment, housing, and healthcare.
LEGAL COUNSEL:
Thank you for your consideration of these requests.
ROD INGRAM,DEPUTY CITY ATTORNEY
COMMUNITY RELATIONS SPECIALIST: Sincerely,
KATHY HINSON GZ /� C_
..--- (12
liiffff Rice/
HRC Chairman
cc: Dave Hansen, City Manager
Cindy A. Curtis, Deputy City Manager
Rod Ingram, Deputy City Attorney
Regina Hilliard, Director of Human Resources
94
Item-VI-K2
ORDINANCES/RESOLUTIONS
ITEM#65752
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Resolution, to DIRECT the City Manager to make a RECOMMENDATION on the 27`"
Street Gap Financing application under the Virginia Tourism Gap Financing Program; and, PROPOSE
a schedule for City Council action for the Agenda on April 12th (Sponsor: Councilman Moss)
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
March 15, 2016
REQUESTED BY COUNCILMEMBER MOSS
1 A RESOLUTION TO DIRECT THE CITY
2 MANAGER TO MAKE A RECOMMENDATION
3 UPON THE 27TH STREET GAP FINANCING
4 APPLICATION AND TO PROPOSE A
5 SCHEDULE FOR COUNCIL ACTION UPON
6 SUCH APPLICATION
7
8 WHEREAS, Virginia Code § 58.1-3851.1 (the "Statute") provides a mechanism
9 by which a tourism project may receive certain revenue streams to pay "gap financing"
10 as that term is defined by the Statute; and
11
12 WHEREAS, on December 2, 2008, the City Council (the "Council") amended the
13 City Comprehensive Plan to incorporate the Resort Area Strategic Action Plan (the
14 "RASAP"); and
15
16 WHEREAS, the RASAP identifies a need for transitioning older hotels along the
17 oceanfront to higher quality accommodations and building inventory that promotes year-
18 round visitation; and
19
20 WHEREAS, the entitlement to revenues established by the Statute does not
21 create debt of the State, the City, or the City of Virginia Beach Development Authority
22 ("VBDA"); and
23
24 WHEREAS, the City has received an application from 27th Street Holding, LLC,
25 (the "Developer") requesting financing assistance pursuant to the Statute and the
26 Policy; and
27
28 WHEREAS, the Project is located within the Zone; and
29
30 WHEREAS, the premises of the Project is described more particularly in the map
31 attached hereto as Exhibit A; and
32
33 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
34 Virginia Beach, Virginia, that
35
36 The City Council directs the City Manager to present a recommendation on how
37 the City Council should proceed with the 27th Street Holding, LLC application for City
38 Council's consideration no later than April 12 , . 2016.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day
of March , 2016.
APPROVED AS TO LEGAL SUFFICIENCY:
Office of the City Att y
CA13531/R-4/March 9, 2016
EXHIBIT A
TWENTY SEVEN ATLANTIC HOTEL AND RETAIL CENTER
TOURISM DEVELOPMENT GRANT APPLICATION TO THE CITY OF VIRGINIA BEACH
LOCATION EXHIBIT- PHASE I
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Entire site is located in the 65-70 dB DNL noise zone and AICUZ Sub-Area 1
Entire site is zoned OR - Oceanfront Resort District
EXHIBIT B
27 Atlantic Hotel Tourism Development Plan
Section 1: Proposed Project
1-A: Briefly describe the overall scope and concept of your proposed project
The project involves the transformation of 20th century economy motels/hotels into a high quality 156
room oceanfront hotel. In addition, the hotel will be serviced by a new parking garage and high end
retail. The hotel will carry the Hyatt flag and will offer a new loyalty program and an untapped
reservation system. Synergistically, the supporting parking garage will accommodate 448 spaces and
8,000 sf of retail space. In addition, adjacent to the hotel, approximately 19,000 sf of high end retail
space and restaurants will support the hotel.
1-B:What perceived VOID in your local tourism economy will this proposed project fill?
According to the marketing plan (Resort Area Strategic Action Plan, aka RASAP), there is a need for
transitioning older hotels along the oceanfront to higher quality accommodations. The removal of 20th
century economy class motels/hotels to accommodate a high quality hotel meets the RASAP plan void.
In addition, the Hyatt flag does not exist in Virginia Beach. By introducing the Hyatt brand, an untapped
worldwide loyalty and reservation system will be introduced encouraging new tourism activity.
1-C:Will this proposed project fit into an existing Tourism Zone?
Yes
1-D:The proposed project will accomplish the following:
Projected jobs created by this project= 210 year round and 150 seasonal (total peak 360)
Projected local tax revenue= $36.5million (Net Present Value over 30 years with 4%discount rate)
2-A:What attributes best describe your area:
Nature/Outdoor Recreation: Scenic drives, state parks, hiking, camping, lakes, rivers, beaches,
Chesapeake Bay, wildlife watching, motorsports, road cycling, jet aircraft observation, Japanese and
conservation gardens, adventure park, disability parks, public playground parks, dog parks, oceanfront
boardwalk walking, agricultural—Farmer's Markets and "Pick your Own."
2
History/Heritage: Revolutionary, civil war, civil rights, Virginia Indian, African American, European
American,War of 1812, Naval operations, and American colonization
Epicurean/Experiential: Central business district, locally owned restaurants, ethnic foods, resort, fine
dining, spa services, large convention center, and Edgar Casey Foundation.
Sport/Recreation: Boating,sailing, canoeing, kayaking,fishing (fresh and salt), golf, hunting, biking, road
cycling, indoor sky diving (coming 2014), field house sport activities, soccer fields, Sportsplex stadium,
tennis courts, sports tournaments, skateboarding, skydiving, paint ball, jet skiing, marathons, aerial
adventure park (opens 2014), and surfing
Arts/Culture: Museums—marine science,fine art and aviation, historic homes,and colleges
Entertainment/Amusement: Cultural, music, wine, patriotic, art and craft festivals, a water park, go
carting, surfing championships, air shows, shopping malls, street entertainment, firework displays,
amphitheater, indoor skydiving, high tech golf range (Top Golf) and fine art concerts.
Do you offer seasonal or year-round experiences: Both
Do you have a peak season:Summer
2-B:What are your major lures and drivers that attract tourists to your area?
Clean wide beaches, family friendliness, low crime, peaceful sandy shores, a variety of entertainment
and recreational venues, museums,golfing, surfing, water sports,fishing, shopping malls, historic homes
and lighthouse, night life, oceanfront hotels, good weather, regional attractions, wildlife refuges, state
parks, shopping malls, and campgrounds.
2-C:What is your unique factor?What sets you apart from the competition?
The City has a:
• Historical hotel (Cavalier on the Hill)where Presidents, movie stars, and other dignitaries lodged
• Historical marker indicating the place where the first English settlers landed in America before
settling in Jamestown
• Historic lighthouse authorized by President George Washington as one of the first federal
government public infrastructures built
• Marine science museum featuring a glass aquarium walk-through tunnel and a large variety of
aquatic animals and interactive exhibits
• National Geographic wide screen theater
• Psychic center featuring Edgar Cayce's(the Sleeping Prophet) lifetime work
• 20,000 seat outdoor amphitheater featuring top entertainment acts
SGA Office
1/8/16
I I I
3
• Military air museum with one of the largest WWI and WWII aircraft collections
• Naval master jet base (only one on the east coast)for jet observations
• Collection of historic homes for touring
• An indoor skydiving facility
• Top Golf high tech electronic golf range
2-D:Who is your major competition?
Myrtle Beach,SC and Ocean City, MD
3-A:Gauge your tourism infrastructure
How would you rate your transportation? (excellent,average,or weak)
Interstates: Average
Secondary roads: Average
Signage: Average
Bus travel: Average
Train travel: Weak
Air travel: Average
Waterways: Excellent
Taxi service: Average
Bike paths: Excellent
How would you rate your environment? (strong,average,or weak)
Air quality: Strong
Noise levels: Average
Traffic: Average
Landfills: Strong
Wetlands: Strong
Public health: Strong
How would you rate your public services? (strong,average, or weak)
Police force: Strong
Healthcare: Strong
Public utilities: Strong
Waste management: Strong
Rescue support: Strong
SGA Office
1/8/16
4
Communications: Strong
Public parks/recreation: Strong
3-B:Gauge your tourism economy and business community
How would you rate your accommodations?(strong,average,or weak)
B&Bs: Weak
Inns: Average
Hotels: Average
Resorts: Average
Rental property: Average
Cottages: Strong
Cabins: Average
Campsites: Average
How would you rate your facilities? (strong,average,or weak)
Universities: Average
Performing arts: Strong
Outdoor parks: Strong
Convention facilities: Strong
Sporting venues: Strong
Event spaces: Strong
How would you rate your attractions?(strong,average,or weak)
Shopping: Strong
Dining: Average
Historic: Strong
Museums/Aquarium: Strong
Wineries: Weak
Music festivals: Strong
Zoos/animal parks: Weak
Art galleries: Average
Nature trails&facilities: Strong
SGA Office
1/8/16
5
3-B:Gauge your local social and cultural assets
How would you describe your heritage and culture? (strong,average, or weak)
Multi-cultural diversity: Average
Geography: Strong
Architecture: Average
Historical improvements: Strong
Language: Average
Material culture: Average
Aesthetics: Average
Religious diversity: Average
How would you describe your local flavor? (strong,average,or weak)
Visitor friendly: Strong
Civic-mindedness: Average
Respect for diversity: Strong
Political climate: Average
Unity among civic groups: Average
Local sports team support: Average
University/college town: Average
How would you rate your integrity of the area?(strong,average,or weak)
Safety: Strong
Cleanliness: Strong
Friendliness: Strong
Stability: Strong
Quality of life: Strong
3-D: Gauge your top 3 strengths,weaknesses,opportunities and threats
Strengths Weaknesses
Pristine beaches Not an international tourism destination
Family friendly environment Interstate congestion
Safe community Year-round tourism
SGA Office
1/8/16
6
Threats Opportunities
Military oriented economy Millennial retention
Shortage of high-quality hotels High technology job creation
Continual beach sand replenishment Large entertainment venues
4-A: Existing market plan submission
Resort Area Strategic Action Plan (RASAP)
2014 Tourism Marketing Plan
4-B:Your marketing plan will have the following affects:
Visitation increased by 50%(undetermined deadline)
Tourist expenditures increased by 60% (undetermined deadline)
Combined development and private sector investments of$10,000,000,000(undetermined deadline)
Visitor satisfaction increased by 33% (estimate)
Number of partnership participants in your marketing plan is undetermined
SGA Office
1/8/16
EXHIBIT C
SUMMARY OF TERMS
PERFORMANCE AGREEMENT FOR
27TH STREET HYATT HOUSE
PARTIES: City of Virginia Beach
City of Virginia Beach Development Authority
27th Street Holding, LLC
TERM: Commencing with the signing of the agreement, until the "gap
financing" is paid in full. However, the Performance Payments, as
described in the Agreement, will not commence until the Project
has transactions that are subject to state sales and use tax.
STATUTORY
AUTHORITY Virginia Code § 58.1-3851.1 governs the Virginia Gap Financing
Program, and all requirements set forth in the Performance
Agreement will be in conformity with this statute.
RECOURSE/
DEBT The entitlement to certain revenues authorized by § 58-3851.1
does not create debt of the City, the VBDA, or the Commonwealth
of Virginia (the "State"). Additionally, the performance agreement
will affirmatively state that there is no recourse of the "gap
financing" against the City, the VBDA, or the State.
PERFORMANCE
PAYMENT: If the Project is approved by the Virginia Tourism Corporation and
certified by the State Comptroller as qualifying for such payments,
the Agreement shall provide "Performance Payments" from the
State, the City, and the Project. Each Performance Payment shall
be an amount equal to the revenues generated by a one percent
state sales and use tax on transactions taking place on the
premises of the Project. The amount of the payments shall be
provided quarterly based on an amount certified by the Virginia Tax
Commissioner.
METHOD OF
PAYMENT (STATE): After the amount is certified by the Tax Commissioner, the State
portion is remitted from the State Comptroller to the City. The City
remits this amount to the Development Authority.
METHOD OF
PAYMENT (CITY): After the amount is certified by the Tax Commissioner, the City
portion is remitted to the Development Authority.
METHOD OF
PAYMENT
ACCESS FEE: The Developer is responsible for an "access fee" that is equal to the
amount certified quarterly by the Tax Commissioner. The access
fee is remitted from the Developer to the City. The City remits this
amount to the Development Authority.
RESTRICTION ON
USE OF FUNDS: The Development Authority sends quarterly payments directly to
the financial institution in furtherance of the payment of the gap
financing. However, no payment shall be sent until the
Development Authority has all three portions attributable to the
previous quarter.
The only permitted use of the Performance Payments is for
principal and interest on the "gap financing." In the event that the
total amount of the Performance Payments exceeds any annual
debt service on the qualified gap financing, such excess shall be
paid to the principal of the loan until the qualified gap financing is
paid in full.
Code of Virginia
Title 58.1. Taxation
Chapter 38. Miscellaneous Taxes
§ 58.1-3851.1. Entitlement to tax revenues from tourism project
A. For purposes of this section, unless the context requires a different meaning:
"Economic development authority" means a local industrial development authority or a local or
regional political subdivision,the public purpose of which is to assist in economic development.
"Gap financing" means debt financing to compensate for a shortfall in project funding between
the expected development costs of an authorized tourism project and the debt and equity capital
provided by the developer of the project.
B. 1. If a locality has established a tourism zone pursuant to § 58.1-5851,has adopted an
ordinance establishing a tourism plan as determined by guidelines set forth by the Virginia
Tourism Authority, and has adopted an ordinance authorizing a tourism project to meet a
deficiency identified in the adopted tourism plan approved by the Virginia Tourism Authority,
and the tourism project has been certified by the State Comptroller as qualifying for the
entitlement to tax revenues authorized by this section, the authorized tourism project shall be
entitled to an amount equal to the revenues generated by a one percent state sales and use tax on
transactions taking place on the premises of the authorized tourism project. The entitlement
shall be contingent on the locality enacting an ordinance designating certain local tax revenues
to the tourism project pursuant to subsection C and shall be subject to the conditions set forth in
subsection D. The purpose of such entitlement shall be to assist the developer with obtaining gap
financing and making payments of principal and interest thereon. The entitlement shall continue
until the gap financing is paid in full. Entitled sales tax revenues shall be applied solely to
payments of principal and interest on the qualified gap financing.
2. On a quarterly basis,the Tax Commissioner shall certify the amount of the entitled sales tax
revenues to the Comptroller,who shall remit such revenues to the county or city in which the
authorized tourism project is located. The county or city shall remit the revenues to the
economic development authority. No payments herein shall be made until an agreement exists
between the developer of the authorized tourism project and the economic development
authority.
3.The state sales tax entitlement established in subdivision 1 shall not include any(i) sales tax
revenues dedicated pursuant to § 58.1-638 or 58.1-638i or(ii)revenues generated pursuant to
Chapter 766 of the Acts of Assembly of 2013.
C. If a locality has adopted the ordinances required by subdivision B 1 to entitle an authorized
tourism project to an amount equal to the revenues generated by a one percent state sales and
use tax on transactions taking place on the premises of the authorized tourism project,the local
governing body of the county or city in which the authorized tourism project is located shall also
direct by ordinance that an amount equal to the revenues generated by at least a one percent
local sales and use tax, or an equivalent amount of other local tax revenues as designated by the
ordinance, generated by transactions taking place on the premises of the authorized tourism
project shall be applied to the payment of principal and interest on the qualified gap financing.
Such revenues shall be remitted in the same manner, for the same time period, and under the
1 3/8/2016
I f I
same conditions as the remittances paid in accordance with subsection B, mutatis mutandis.
D. Prior to any entitlement to tax revenues for an authorized tourism project pursuant to
subsections B and C,the owner of such project shall have a minimum of 70 percent of funding for
the project in place through debt or equity, enter into a performance agreement with the
economic development authority or political subdivision, and enter into an agreement to pay an
access fee. The access fee shall be equivalent to the state sales tax revenue generated by and
returned to the project pursuant to subdivision B 1 and shall be collected by the locality and
remitted to the economic development authority on a quarterly basis. The access fee and the
sales tax entitlement shall be used solely to make payments of principal and interest on the
qualified gap funding.
E. In the event that the total amount of sales tax entitlement and the access fee exceeds any
annual debt service on the qualified gap financing, such excess shall be paid to the principal of
the loan until the qualified gap financing is paid in full.
F.A tourism project that is entitled to and receives revenues pursuant to this section shall not be
eligible to receive revenues pursuant to § 58.1-608.3 or 58.1-3851.2.
2011, cc. 646, 814;2012, cc. 73, 572;2015, cc. 205, 549.
2 3/8/2016
•
. k x
,�� - � CityCouncil Policy
Title:Evaluation of Tourism Projects for the Index Number:
Gap Financing Program
Date of Adoption: 3/13/2012 I Date of Revision: 11/17/2015 Page 1 of 6
1.0 Purpose and Need
To transform the Virginia Beach Resort from a seasonal venue to a year-
round destination, private development will be necessary; however, some
potential tourism projects have experienced difficulty obtaining the financing
necessary to make the projects a reality. A means for bridging the financing gap
was established by the General Assembly, codified as §§ 58.1-3851.1 and 58.1-
3851.2 of the Virginia Code. This program provides additional funding—in the
form of cash flows — once projects are operational that may be directed to
closing a financing gap between the debt and equity a developer currently has
and the total financing required by a tourism project. This program may
generally be referred to as "Tourism Project Gap Financing Program" or, as
hereinafter referred to as,the"Program."
2.0 Policy Statement
The purpose of this policy is:
a) To provide guidance to City staff for the evaluation of proposed tourism
projects that seek to utilize the Program;
b) To signal to the development community the types of tourism projects that
would be eligible for the Program and the various steps required for final
approval; and
c) To inform the broader community of the public purpose advanced by the
Program_
Title: Adoption Guidelines for the Index Number:
Tourism Development Financing Program
Date of Adoption: 3/13/2012 Date of Revision:ll/17/2015 Page 2 of 6
3.0 Definitions
3.1 Gap Financing— debt financing to compensate for a shortfall in project funding
between the expected development costs of an authorized tourism project and
the debt and equity capital provided by the developer of the project.
3.2 Performance Agreement — an agreement between the developer, the City, and
development authority. The Performance Agreement shall affirmatively state
that the Agreement does not create debt of the State or the City. The agreement
has three functions. First, the Performance Agreement requires the developer to
impose an"access fee" in the amount provided by State law of all transactions
occurring on the project premises. Second, the Performance Agreement
establishes minimum performance requirements for the tourism project including
capital investment, new jobs, or other measureable criteria. Third, the
Performance Agreement sets forth the payment of the revenue streams in the
amounts and for the purposes provided by §§ 58.1-3851.1 and 58.1-3851.2 of the
Virginia Code.
3.3 Tourism Development Financing Program— a program provided by the General
Assembly allowing state tax, local tax, and private developer "access fee"
revenue streams to be directed to gap financing. This Program does not allow
the creation of new state or local debt either through debt issuance or loan
guarantee(s).
3.4 Tourism Marketing Plan — a strategic plan adopted by the City Council and
required by Virginia Tourism Authority, which describes the City's action plan
for tourism related development.
3.5 Tourism Zone — a zone designated by the City Council to encourage tourism
related economic activities as provided by§58.1-3851 of the Virginia Code.
3.6 Qualifying Tourism Project—a project that fills a void identified by the Tourism
Development Plan, is located in the Tourism Zone, meets the approval of City
staff based on the evaluation factors identified in this policy,has been endorsed,
by ordinance by the City Council, has been approved by the Virginia Tourism
Authority, and has been certified by the State Comptroller as qualifying for the
entitlement to tax revenues authorized by §§ 58.1-3851.1 and 58.1-3851.2 of
the Virginia Code.
4.0 How the Program Works
4.1 Debt Responsibility. The Program does not create State or City Debt.
Title: Adoption Guidelines for the Index Number:
Tourism Development Financing Program
Date of Adoption: 3/13/2012 Date of Revision:11/17/2015 Page 3 of 6
4.2 Revenue Flows. The amount of revenue is keyed to one cent of the sales and use
taxes generated on the tourism project premises. This amount is provided from the Tax
Commissioner on a quarterly basis. The amount of the local tax portion and the "access
fee" are equal to the amount provided by the Tax Commissioner. After the completion
of all steps set forth herein,the flow of revenues is as follows:
a) State Sales Taxes (certified by the Tax Commissioner) - State Comptroller
remits these revenues to the City City remits to the Development Authority
Development Authority, pursuant to the Performance Agreement, pays to the
Bank or Financial Institution providing the Gap Financing.
b) Local Taxes (in an amount equal to the amount certified by the Tax
Commissioner) -* City remits to the Development Authority - Development
Authority, pursuant to the Performance Agreement, pays to the Bank or
Financial Institution providing the Gap Financing.
c) "Access Fee" (imposed by project developer and memorialized in the
Performance Agreement; in an amount equal to the amount certified by the Tax
Commissioner) -> Developer remits to the City -) City remits to the
Development Authority - Development Authority, pursuant to the Performance
Agreement, pays to the Bank or Financial Institution providing the Gap
Financing.
4.3 Prerequisites. Sections 58.1-3851.1 and 58.1-3851.2 of the Virginia Code
requires the following prerequisites:
a) The City Council has to adopt a Tourism Marketing Plan. The Tourism
Marketing Plan provides a description of the types of tourism projects the City
desires as a matter of strategic priority. A Qualifying Tourism Project must fill a
void identified by the Tourism Marketing Plan.
b) The City Council had to adopt a Tourism Zone. A Qualifying Tourism Project
must be located in the Tourism Zone.
c) To qualify for the Program, the project developer must demonstrate a shortfall in
project funding between the expected development costs of the proposed tourism
project and the debt and equity capital provided by the developer of the project.
This shortfall may not exceed 20%of the total project costs unless the Project
Title: Adoption Guidelines for the Index Number:
Tourism Development Financing Program
Date of Adoption:3/13/2012 Date of Revision:11/17/2015 Page 4 of 6
meets the requirements set forth in subsection 5.3, infra. Proof of such shortfall
must be demonstrated in writing by a financial institution and meet the
satisfaction of the City's Director of Finance. If this writing contains
confidential information, it should be so marked for purposes of the Freedom of
Information Act.
5.0 Process
5.1 Application - Developers seeking to utilize the Program shall submit an
application to the City of Virginia Beach Strategic Growth Area Office.
• The application will include project description, conceptual design,
geographic parcel identification number (GPIN), anticipated economic
impact,potential spin-off business synergy, effect upon tourism, competitive
venues, risk factors, any Virginia Tourism Authority fees, as applicable, and
potential remedies for risk.
• The application must meet the three requirements set forth in subsection 4.3,
supra.
5.2 Evaluation - Each application will be reviewed by a staff review committee.
The review will determine whether the project:
a) Has,a minimum capital investment of$30 million;
b) Will provide taxable sales in the amount of at least$ 1 million per year,
c) Will increase year-round employment;
d) Fills a void in the Tourism Marketing Plan;
e) Is located in the Tourism Zone;
f) The proof of the need for Gap Financing meets the approval of the City's
Director of Finance;
g) Does not require a prohibitive amount of City investment, including
roadways,parking,and other infrastructure.
5.3 Additional Evaluation Factors: If a project has more than a 20% gap or has a
capital investment above$100 million,it may require additional evaluation.
a1 A project with a need for Gap Financing of up to 30%may apply if,in
addition to those requirements in subsection 4.3 and 5.2, supra. the project
include some or all of the following: capital investment above $50 million-,
creates at least 50 full time equivalent jobs; redevelops an existing building or
facility; and is a premium flag or fills a brand gap.
b) A project with a capital investment above$100 million may qualify for
I I I
Title: Adoption Guidelines for the Index Number:
Tourism Development Financing Program
Date of Adoption: 3/13/2012 Date of Revision:ll/17/2015 Page 5 of 6
revenue streams equaling 1.5% of the revenues generated by the State Sales Tax
if, in addition to those requirements in subsection 4.3 and 5.2, supra, the project
meets the requirements of 58.1-3851.2 and creates substantial development or
redevelopment that can be identified as providing a sufficient direct or indirect
revenue lift to offset the revenues required by the City in addition to the local
portion of the Sales Tax.
5.4 Briefing—After City staff have reviewed the application, a representative from
the Strategic Growth Area Office or other related office will provide a briefing
to the City Council. At this briefing,the Staff will require informal direction as
to whether there is preliminary support for the proposed tourism project. If
there is support by the City Council, Staff will provide a similar briefing to the
Development Authority.
5.5 Development of a Performance Agreement—After preliminary approval by the
City Council and the Development Authority, Staff and the tourism project
developer will begin work on a Performance Agreement. The Performance
Agreement will do the three functions described in Section 3.2, supra. Final
execution of the Performance Agreement will be conditioned upon the project
receiving preliminary approval by the Virginia Tourism Authority and
certification by the State Comptroller as qualifying for the entitlement to tax
revenues authorized by § 58.1-3851.1 or § 58.1-3851.2 of the Virginia Code.
5.5 Project Endorsement Ordinance — Prior to the completion of the Performance
Agreement, City Staff will present an ordinance to the City Council. The
ordinance will provide for the endorsement of the proposed tourism project by
the Council and the willingness, subject to approval by the State and execution
of the Performance Agreement, of the City to allow the project to receive an
amount of local tax revenues equal to one cent of the Virginia Sales and Use
Tax for all transactions occurring on the project premises. For those projects
seeking the 1.5% revenue stream authorized by § 58.1-3851.2, the endorsement
ordinance shall identify the proposed source of the additional local funding
above that provided by the local portion of the Sales Tax.
5.6 Execution of Performance Agreement by Project Developer — After the project
has been approved by the Virginia Tourism Authority and the State Comptroller,
the Performance Agreement, in final form, will be provided to the project
developer for execution.
5.7 Development Authority Approval — After approvals at the state level and
Title: Adoption Guidelines for the
Index Number:
Tourism Development Financing Program
Date of Adoption: 3/13/2012 , Date of Revision:11/17/2015 Page 6 of 6
execution by the project developer, the Development Authority will be
presented with a resolution to approve the Performance Agreement in final
form.
5.8 Final Local Approval - If this resolution is approved by the Development
Authority, the Chair of the Development Authority will execute the
Performance Agreement.
5.9 Final State Approval — After the Final Local Approval, the City will forward
the application, ordinance(s), and Performance Agreement to the Virginia
Tourism Authority and to the State Comptroller,as required.
Approved as / 41fL 1 .7 ,
to Content: 4";/e.i! •
egic Gro I' • ea Office Date
Director
Approved as - ,
iMpi,„ 69.---
to Content: 1.20,b Ai...—
Date
Economic Development
De merit Director
Financial Impact: o
Ulf V 1016' I kv,
Finance Director Date
Approved asto
L -- L-". --13.
Legal Sufficiency: i
City Attorney Date
11/
Reviewed by: ` ai,kir B x oz )
Manager i I ate
APPROVED BY /2A-2.0(st'.
CITY COUNCIL: 11.1 1 Date
Mayor
VIRGINIA
IS FOR
LOVERS
Wednesday,January 20,2016
Ron Berkebile Ron...
Strategic Growth Area
Financial Analyst Thank you for your interest in Tourism Development Financing Program.
SGA Office,City of Virginia Beach
222 Central PAve.rk After careful consideration,VTC has determined that the void submitted for your
Suite 1540,Roomom10100
Virginia Beach,VA 23462 Twenty Seven Atlantic Hotel and Retail Center Project ("the project") does not
7573852902 satisfy the TDFP Tourism Development Financing Program requirements.
rberkebl@vbgov.com
a. Virginia Beach does not carry the Hyatt flag, and gap financing would
introduce the brand to the market
Wirt Confroy,Director = Hyatt has a unique reservation system,and the City of Virginia Beach cannot
Partnerships&Outreach benefit from this,because Hyatt Hotels do not exist in the city
Hyatt has a loyalty program unavailable in Virginia Beach. The brand's
Virginia Tourism Corporation presence would expose Virginia Beach to a new Hyatt loyal customer
901 East Byrd Street
Richmond,Virginia 23219 Virginia has other shorelines fronting on the Atlantic Ocean, but Virginia
804 545 5552 Beach is the only one to host a large resort
wconfroy@virginia.org = The Commonwealth is not able to accommodate a Hyatt loyal customer at a
www.Virginia.org(consumer) resort.It is anticipated the flag at the resort will attract out of state tourists
www.VATC.org (industry)
Overall,the project does not appear to be substantially different from the existing
lodging experiences currently available to visitors in the area. Based on what has
been submitted,the project's proposed room types and rates,level of amenities,
brand-centric customer base and reservation system do not provide a visitor
experience which is significantly different from the numerous, similar lodging
properties nearby.
In lieu of gap financing, we are committed to exploring the eligibility of future
development projects and maximizing our marketing leveraging with Virginia
Beach.This appears to be an exciting project, and we appreciate the time taken
to explore the eligibility of the TDFP for your project. Please feel free to contact
me if you have any questions.
Sincerely,
VIRGINIA
IS FOR
LOPEFriday,February 26,2016
Ron Berkebile Dear Ron,
Strategic Growth Area
Financial Analyst The Virginia Tourism Corporation (VTC) understands there have been questions
SGA Office,City of Virginia Beach raised regarding the letter of February 18, 2016 to the City of Virginia Beach
222 Central Park Ave. concerning the potential eligibility of the Twenty Seven Atlantic Hotel and Retail
Suite 1540,Room 100 Center Project for the Commonwealth of Virginia's Tourism Development Financing
Virginia Beach,VA 23462 Program (TDFP).
757 385 2902
rberkebi@vbgov.com As VTC noted in the letter, project developers Russ Kirk and Chris Harvey of Armada
Hoffler Construction with Bruce Smith of Bruce Smith Enterprises,LLC contacted VTC
and provided additional information regarding the project and, specifically, how it
addresses tourism deficiencies as required by§58.1-3851.1 and§58.1-3851.2,Code
of Virginia.
Wirt Confroy,Director
Partnerships&Outreach In order to provide further clarification, please note:
Virginia Tourism Corporation o Based on the additional information provided, VTC believes the question of
901 East Byrd Street whether the project addresses a tourism deficiency has been satisfied.
Richmond,Virginia 23219
804 545 5552 o The project's eligibility for the TDFP is not impacted if the project is currently
wconfroy@virginia.org under construction.
www.Virginia.org(consumer)
www.VATC.org (industry) 0 If the City of Virginia Beach decides to pursue TDFP assistance for this project,
VTC will be happy to assist in moving this project forward.
VTC hopes this letter answers any questions you may have in exploring the use of
TDFP gap financing for this project.
Sincerely, c-
kti.
eovt----
cc: Russ Kirk—Armada Hoffler Construction
Chris Harvey—Armada Hoffler Construction
Bruce Smith—Bruce Smith Enterprises, LLC
95
Item -VI-K.3
ORDINANCES/RESOLUTIONS
ITEM#65753
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with Hillier
Ignite,LLC re a Fitness Park at 36`"Street DISTRICT 6—BEACH
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
March 15, 2016
11
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO SIGN AN AGREEMENT BETWEEN
3 THE CITY OF VIRGINIA BEACH AND HILLIER
4 IGNITE, LLC FOR CONSTRUCTION AND
5 DEDICATION OF A PARK TO BE NAMED "HILLIER
6 IGNITE FITNESS PARK"
7
8 WHEREAS, Hillier Ignite, LLC ("Hillier Ignite") has proposed to construct and
9 dedicate to the City of Virginia Beach ("City") a fitness park on the sandy beach at 36th
10 Street ("Fitness Park"); and
11
12 WHEREAS, the Fitness Park shall be approximately 2,000 square feet in size,
13 and shall consist of fitness equipment, including swings, rings, ropes, pull-up bars and
14 push-up bars; and
15
16 WHEREAS, the Fitness Park shall be open to the public for use, free-of-charge,
17 by residents and visitors; and
18
19 WHEREAS, the concept for the Fitness Park was developed by Virginia Beach
20 businessman Luke Hillier; and
21
22 WHEREAS, the Fitness Park is estimated to cost in excess of $150,000 to
23 construct and the construction costs will be paid by Hillier Ignite; and
24
25 WHEREAS, after completion of construction, Hillier Ignite will dedicate the
26 Fitness Park to the City and Hillier Ignite has agreed to finance a capital maintenance
27 repair fund for the ten-year anticipated life expectancy of the equipment ("Useful Life"),
28 up to $50,000; and
29
30 WHEREAS, Hillier Ignite is requesting that the Fitness Park be named "Hillier
31 Ignite Fitness Park" for the Useful Life of the equipment; and
32
33 WHEREAS, the City and Hillier Ignite negotiated an agreement ("Agreement") to
34 construct the Fitness Park on City property, and to dedicate the Fitness Park to the City
35 upon completion of construction; and
36
37 WHEREAS, under the agreement, the City is required to perform routine
38 inspection and maintenance of the Fitness Park; and
39
40 WHEREAS, the Department of Parks and Recreation is seeking funding through
41 the City's budget process to fulfill its maintenance obligations under the agreement.
42
43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
44 VIRGINIA BEACH, VIRGINIA:
45
46 (1) The City Manager is hereby authorized and directed to execute the Agreement,
47 on behalf of the City of Virginia Beach, with Hillier Ignite, LLC for the construction and
48 dedication of the Fitness Park; and
49
I I I
50 (2) The City Council hereby authorizes the Fitness Park to be named "Hillier Ignite
51 Fitness Park" for as long as the Fitness Park remains in existence.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day
of March , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Strategic Area Growth Office City Attorney's Office
APPROVED AS • CONTENT:
D-went of Parks and Recreation
CA13697
R-1
March 4, 2016
2
I I I
SUMMARY OF TERMS
Agreement between the City of Virginia Beach and Hillier Ignite,LLC for Construction and
Dedication of Fitness Park("Agreement")
Parties: City of Virginia Beach("City")
Hillier Ignite, LLC("Hillier")
Purpose: To memorialize the rights and responsibilities of each party with respect to a 2000 square
foot fitness park ("Fitness Park"), to be located on sandy beach owned by City at 36th
Street.
Term: Agreement commences upon execution, and continues until dedication and acceptance of
the Fitness Park. Provisions of agreement on hours of operation, maintenance, no
obligation to rebuild, change of location of Fitness Park,termination and notice remain in
effect until earlier of end of Useful Life or Fitness Park is removed.
Other: Anticipated life expectancy of Fitness Park is approximately 10 years ("Useful Life")
Hillier's Responsibilities:
• Cause design plans to be prepared for Fitness Park.
• Obtain all permits necessary to construct Fitness Park.
• Complete construction of Fitness Park in good and workman-like fashion.
• Pay all construction costs related to Fitness Park.
• Dedicate Fitness Park to the City.
• Secure and maintain insurance during construction phase.
• Pay any costs associated with violations of environmental laws.
• Finance a capital maintenance and repair fund for the Useful Life of Fitness Park, up
to $50,000.
City's Responsibilities:
• No responsibility for construction costs related to Fitness Park.
• Provide written acceptance of Fitness Park(dedication).
• Upon dedication, City will be responsible for day-to-day maintenance of Fitness
Park.
Other Terms:
• Fitness Park will be named "Hillier Ignite Fitness Park" as long as the Fitness Park
remains in existence.
• Park is open to the public daily from dawn until dusk.
• Replacement: No obligation for either party to replace or rebuild Fitness Park in
event of fire, flood, earthquake, hurricane, etc. destroys Fitness Park.
• City has sole discretion to relocate Fitness Park, at City's expense.
• Indemnification- Hillier to indemnify and hold City harmless until dedication.
• Modification: Agreement may only be modified by writing, executed by both parties.
96
Item-VI-K.4
ORDINANCES/RESOLUTIONS
ITEM#65754
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Lumos
Networks, Inc. for Dark Fiber Strands in the City's Communication Network at 22"d Street and
Mediterranean Avenue
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
March 15, 2016
1 AN ORDINANCE TO AUTHORIZE THE CITY
2 MANAGER TO EXECUTE A LEASE
3 AGREEMENT WITH LUMOS NETWORKS, INC
4 FOR FOUR STRANDS OF DARK FIBER
5 LOCATED IN THE CITY'S COMMUNICATIONS
6 NETWORK
7
8 WHEREAS, the City of Virginia Beach ("City") owns a fiber optic network for the
9 purpose of providing communications capabilities to City government facilities ("City
10 Network");
11
12 WHEREAS, certain bundles of fiber optic cable installed as part of the City
13 Network are excess because they are not currently needed to meet the City's
14 communications needs ("dark fiber");
15
16 WHEREAS, the City has engaged a consultant to analyze and determine how
17 best to use the dark fiber in the City Network;
18
19 WHEREAS, the City anticipates developing formal policies and procedures in the
20 next twelve months for leasing the City's dark fiber to third parties;
21
22 WHEREAS, Lumos Networks, Inc. ("Lumos") is a fiber optic network service
23 provider that offers data, broadband, voice and IP services in the Mid-Atlantic region;
24
25 WHEREAS, Lumos desires to expand its communications capabilities in
26 Hampton Roads;
27
28 WHEREAS, in the interest of efficiency, Lumos finds that it is prudent and
29 economical to lease fiber optic cable, specifically, four strands of dark fiber, from the
30 City rather than to construct additional facilities of its own;
31
32 WHEREAS, although the City is still in the process of developing formal policies
33 and procedures for leasing its dark fiber to third parties, the City believes that the
34 interest of the public, including the City's economic development goals, would be served
35 by allowing Lumos to execute a short-term lease for four strands of dark fiber, in
36 accordance with the terms of a lease agreement; and
37
38 WHEREAS, the proposed use of the City's dark fiber by Lumos would not
39 interfere with the City's use of the City Network.
40
41 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
42 OF VIRGINIA BEACH, VIRGINIA:
43
44 That the City Manager is hereby authorized to execute a short-term lease
45 agreement between Lumos and the City, for a term of six months, with an option for an
46 additional six month extension, upon mutual written agreement of the parties, for four
11
47 strands of dark fiber in the City Network, in accordance with the agreement and such
48 other terms, conditions and modifications as may be acceptable to the City Manager
49 and in a form deemed satisfactory by the City Attorney.
50 15th
51 Adopted by the Council of the City of Virginia Beach, Virginia on the
52 day of March , 2016.
APPROVEDatitk-,)
AS TO CONTENT: APPROVED AST�O LEGAL SUFFICIENCY:
Communication and I ormation City Attorney's Office
Technology
CA13508
R-1
March 2,2016
2
SUMMARY OF TERMS
Dark Fiber Lease Agreement Between the City of Virginia Beach and Lumos Networks, Inc.
LESSOR: City of Virginia Beach ("City")
LESSEE: Lumos Networks, Inc. ("Lumos")
TERM: Six months with the option to renew for one six-month term, upon mutual
written agreement of the parties.
LEASE FEE: Lumos will pay the City$15,000 for the term of the agreement and an additional
$15,000 if the term is renewed.
PROPOSED USE: Lumos will connect to the City Network at 52"d Street/Atlantic Avenue and exit
at 22' Street/Mediterranean Avenue,covering 2.8 miles
GRANT OF LEASE: Lease for exclusive use of 4 strands of dark fiber, lease for nonexclusive use of
each interconnection point, and lease for exclusive use of interconnection fibers
connecting the leased fibers and each interconnection point.
OWNERSHIP: All components of network remain property of the City. Fiber is leased only as
dark fiber. City not required to provide additional goods or services.
NO EXCLUSIVITY: Nothing in lease limits City's right to use or lease to others permission to use
any component of the City Network(other than specific fibers and
interconnection points leased to Lumos).
ACCESS TO CITY
FACILITIES: City is not required to construct or install any facilities for Lumos. All work on
City network(constructing, lashing and slicing) is to be performed by City. City
has right to relocate City network. Lumos must obtain all require permits,
approvals, consents and authorizations. Lumos required to construct any
infrastructure required to connect to City network.
TERMINATION: City can terminate for cause, with notice and cure period. City can also
terminate for convenience,with written notice at least 60 days prior to
termination date.
LIABILITY: Lumos required to indemnify and hold City harmless. Neither party is liable to
other party for indirect, consequential,special, incidental or punitive damages,
or lost profits.
INSURANCE: Lumos must provide City with certificates of insurance prior to commencing
work. Required insurance includes Worker's Compensation,Commercial
General Liability,Automotive Liability,and Professional Liability Insurance.
SECURITY: Lumos must provide letter of credit in favor or City or deposit funds with City
Treasurer in amount equal to 200%of the annual lease fee.
97
Item-VI-K.5
ORDINANCES/RESOLUTIONS
ITEM#65755
Dia Duvernet, 3040 Holland Road, Phone: 301-8719, spoke in SUPPORT Ms. Duvernet advised she is
the President and CEO of the Virginia Beach SPCA. The City has been a leader in animal welfare. The
City's SPCA celebrates its 50`" Anniversary this year. This is the first shelter in the Commonwealth to
spay or neuter all animals prior to being offered for adoption; and, the first clinic to be open to the public
for low-cost sterilization of pets. In 2015, the City's SPCA opened a Pet Supplies and Adoption Center in
Kempsville. In the first year of operation, the number of adopted animals increased by 600, a 24%
increase. The new Center has the look and feel of a pet shop; but, in all reality, is a state licensed shelter.
This Center is modeled after other successful Centers in California and the first in Virginia that has
retail.
Matt Gray, 6513 Three Chopt Road, Phone: 804-661-5727, spoke in SUPPORT. Mr. Gray advised he is
the Virginia State Director for the Humane Society of the United States. His office played a significant
role in the passing of the State Law that is now being considered as an addition to the City Code. The
law effectively says that pet stores cannot sell puppies that originate in deplorable large scale breading
operations known as "Puppy Mills". Many years ago the Commonwealth shut down many puppy mills
within the state and emerged as a leader in the nation for animal welfare.
Shocky Boyajian did not reply
Kelly Martin did not reply
Bettina Cuce-Rodriguez did not reply
Kara Moran, resident of the City spoke in SUPPORT. By adopting this State Law into the City's Code, it
sends a clear message to pet store owners the City takes serious their obligation to not sell puppies from
"Puppy Mills"from other states.
Frank Papcin, 4008 Rumford Lane, spoke in SUPPORT Mr. Papcin asked that kittens should be
included in this Ordinance, not just puppies.
March 15, 2016
' II
REQUESTED BY COUNCILMEMBER DAVENPORT
AN ORDINANCE TO ADD SECTION 5-549 TO
THE CITY CODE PERTAINING TO
RESTRICTIONS ON PET SHOP SALES OF
DOGS
SECTIONS ADDED: § 5-549
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1 That Section 5-549 is hereby added to the Code of the City of Virginia Beach,
2 Virginia, and ordained to read as follows:
3 Sec. 5-549. Pet shops; procurement of dogs; penalty
4
5 A. A pet shop shall sell or offer for adoption a dog procured only from a humane
6 society or private or public animal shelter as those terms are defined in Virginia
7 Code § 3.2-6500 or from a person who has not received from the U.S.
8 Department of Agriculture, pursuant to enforcement of the federal Animal Welfare
9 Act (7 U.S.C. § 2131 et seq.) or regulations adopted thereunder, (i) a citation for
10 a direct violation or citations for three or more indirect violations for at least two
11 years prior to the procurement of the dog or (ii) two consecutive citations for no
12 access to the facility prior to the procurement of the dog.
13 B. It shall be unlawful for any commercial dog breeder who is not licensed by the
14 U.S. Department of Agriculture pursuant to the federal Animal Welfare Act (7
15 U.S.C. § 2131 et seq.) or regulations adopted thereunder to sell any dog to a pet
16 shop.
17 C. A pet shop shall retain records verifying compliance with this section for a
18 minimum of two years after the disposition of any dog.
19 D. Any person violating any provision of this section is guilty of a Class 1
20 misdemeanor for each dog sold or offered for sale.
15th
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of March , 2016.
APPROVED AS TO LEGAL SUFFICIENCY:
z
City Attorney's Offi e-
CA13569
R-1
February 12, 2016
99
Item-VI-K6
ORDINANCES/RESOLUTIONS
ITEM#65756
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into Lake Wesley for CBC Holdings,
LLC re piers, bulkhead, boatlift and pilings at 549 Virginia Dare Drive DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE temporary encroachments into Lake Wesley
for CBC Holdings, LLC re piers, bulkhead, boatlift and pilings at 549
Virginia Dare Drive (GPIN 2427206108)DISTRICT 6—BEACH
The following conditions shall be required:
1. It is expressly understood and agreed that the Temporary Encroachments will be
constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach; and, in accordance with the City's
specifications and approval more particularly described as follows, to wit:
2. Providing however, nothing herein shall prohibit the City from immediately removing,
or ordering the Grantee to remove all or any part of the Temporary Encroachments
from the Encroachment Area in the event of an emergency or public necessity; and,
Grantee shall bear all costs and expenses of such removal.
3. It is further expressly understood and agreed that the Temporary Encroachments
herein authorized terminate upon notice by the City to the Grantee, that within thirty
(30) days after the notice is given, the Temporary Encroachments must be removed
from the Encroachment Area by the Grantee; and, that the Grantee will bear all costs
and expenses of such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnify, hold
harmless, and defend the City, its agents and employees,from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall be
necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachments.
5. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
6. It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachments so as not to become unsightly or a hazard.
7. It is further expressly understood and agreed that the Grantee shall establish and
maintain a Riparian Buffer, which shall be a minimum offfteen (15)feet in width
landward from the shoreline, shall run the entire length of the shoreline shall consist
of a mulched planting bed and contain a mixture of shrubs and perennial plants (the
"Buffer"). The Buffer shall not be established during the months of June, July or
August, so that it has the greatest likelihood of survivability. The Grantee shall notify
the Department of Planning when the Buffer is complete and ready for inspection. An
access path, stabilized appropriately to prevent erosion, through the Buffer to the
shoreline, is allowed.
March 15, 2016
100
Item-VI-K.6
ORDINANCES/RESOLUTIONS
ITEM#65756
(Continued)
8. It is further expressly understood and agreed that the Grantee must obtain and keep in
effect liability insurance with the City as a named insured in an amount not less than
$500,000.00 per person injured and property damage per incident, combined, with the
City listed as an additional insured. The company providing the insurance must be
registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location and/or existence of the
Temporary Encroachments.
9. It is further expressly understood and agreed that the Temporary Encroachments must
conform to the minimum setback requirements as established by the City.
10. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachments and
charge the cost thereof to the Grantee, and collect the cost in any manner provided by
law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachments; and pending such removal, the City may charge the
Grantee for the use of the Encroachment Area, the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the Grantee; and, if
such removal shall not be made within the time ordered hereinabove by this
Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00)per day for each and every day the Temporary Encroachments are allowed
to continue thereafter; and, may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifteenth day of March, Two
Thousand Sixteen.
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
March 15, 2016
Requested by Department of Public Works
1 AN ORDINANCE TO AUTHORIZE A
2 TEMPORARY ENCROACHMENTS
3 INTO A PORTION OF THE CITY'S
4 PROPERTY KNOWN AS LAKE
5 WESLEY BY CBC HOLDINGS,
6 L.L.C,
7 WHEREAS, CBC Holdings, L.L.C, a Virginia limited liability company, desires
8 to remove an existing pier/dock, construct and maintain a 7' masonry wall on top of an
9 existing concrete bulkhead/wall, a 8' x 13' fixed pier, a 5' x 22' gangway, three 6' x 24'
10 floating access piers, a boatlift, 2 dolphin pilings, a mooring pile, and a 8'x 90'floating dock
11 within the City's property located at Lake Wesley (collectively the "Temporary
12 Encroachments").
13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
14 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
15 the City's property subject to such terms and conditions as Council may prescribe.
16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, CBC Holdings, L.L.C., its heirs,
20 assigns and successors in title are authorized to remove an existing pier/dock, construct
21 and maintain a 7' masonry wall on top of an existing concrete bulkhead/wall, a 8' x 13'
22 pier, a 5' x 22' gangway, three 6' x 24' floating access piers, a boatlift, 2 dolphin pilings, a
23 mooring pile, and a 8' x 90' floating dock within the City's property located at Lake Wesley
24 as shown on the map entitled: "Exhibit"A"SHOWING 15' BUFFER, DECK AND PIER FOR
25 LOT 22, RESUBDIVISION OF PART OF CROATAN BEACH 549 VIRGINIA DARE DRIVE
26 VIRGINIA BEACH, VIRGINIA FOR CBC HOLDINGS, L.L.C," Sheets 1 of 4 and 2 of 4,
27 dated February 4, 2016, a copy of which is attached hereto as Exhibit A, and on file in the
28 Department of Public Works and to which reference is made for a more particular
29 description;
30 BE IT FURTHER ORDAINED, that the Temporary Encroachments are
31 expressly subject to those terms, conditions and criteria contained in the Agreement
32 between the City of Virginia Beach and CBC Holdings, L.L.C, (the "Agreement"), an
33 unexecuted copy of which has been presented to the Council in its agenda, and will be
34 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia
35 Beach;
36 BE IT FURTHER ORDAINED, that the City Manager or his authorized
37 designee is hereby authorized to execute the Agreement; and
1
38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
39 such time as CBC Holdings, L.L.0 and the City Manager or his authorized designee
40 execute the Agreement.
41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th
42 day of March , 2016.
CA-13472
R-1
PREPARED: 3/3/16
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
Atir
-PUBLIC WORKS, REAL ESTATE - t O' 'EY
2
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this day of AA ,,� , 2016, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and CBC HOLDINGS, L.L.C, a Virginia
limited liability company, its heirs, assigns, and successors in title, "Grantee", even
though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 22", as shown on that certain plat entitled "RE-
SUBDIVISION OF PART OF CROATAN BEACH, PRINCESS ANNE COUNTY,
VIRGINIA", dated June, 1954, prepared by C. A. Bamforth, and said plat is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book
37, at page 11, and being further designated, known, and described as 549 Virginia
Dare Drive, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to remove the existing
pier/dock, construct and maintain temporary encroachments: a 7' masonry wall on top
of an existing concrete bulkhead/wall, a 8' x 13' pier, a 5' x 22' gangway, three 6' x 24
floating access piers, a boat lift, 2 dolphin pilings, one mooring pile, and a 8' x 90'
floating dock within the City's property located at Lake Wesley (collectively the
"Temporary Encroachments"), in the City of Virginia Beach;
GPIN: CITY PROPERTY— 2427-20-6108
GPIN: 2426-29-9747 - 549 Virginia Dare Drive
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City property known as Lake Wesley (formerly Croatan Bay) the "Encroachment Area";
and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachments within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachments.
It is expressly understood and agreed that the Temporary Encroachments
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
Temporary Encroachments into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A'
SHOWING 15' BUFFER, DECK AND PIER FOR LOT 22,
RESUBDIVISION OF PART OF CROATAN BEACH 549
VIRGINIA DARE DRIVE, VIRIGNIA BEACH, VIRGINIA FOR
CBC HOLDINGS, L.L.C," Sheets 1 of 4 and 2 of 4, dated
February 4, 2016 a copy of which is attached hereto as
Exhibit "A" and to which reference is made for a more
particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachments from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
It is further expressly understood and agreed that the Temporary
Encroachments herein authorized terminate upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachments must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachments.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachments so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of shrubs and perennial plants
(the "Buffer"). The Buffer shall not be established during the months of June, July, or
August, so that it has the greatest likelihood of survivability. The Grantee shall notify
the Department of Planning when the Buffer is complete and ready for inspection. An
3
access path, stabilized appropriately to prevent erosion, through the Buffer to the
shoreline is allowed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachments.
It is further expressly understood and agreed that the Temporary
Encroachments must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachments and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachments; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
4
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachments are
allowed to continue thereafter, and may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, the said CBC Holdings, L.L.C., a Virginia limited
liability company, has caused this Agreement to be executed by C. Burton Cutright,
Manager of CBC Holdings, L.L.C., a Virginia limited liability company, with due authority
to bind said limited liability company. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by its City Manager and its
seal be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2016, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2016, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
CBC HOLDINGS, L.L.C.,
a Virginia limited liability company
By A (SEAL)
C. Burt.' Cutrig t, Manager
STATE OF
CITY/COUNTY OF CiviSafk.akC._ , to-wit:
The foregoing instrument was acknowledged before me this 2q day of
F.ebi'ualy- , 2016, by C. Burton Cutright, Managerr of CBC Holdings,L.L.C., a
Virginia limited liability company.
Catol>vi ( ) f (SEAL)
Notary Public
• Colleen M.McCarthy
Notary Registration Number: ? . Commonwealth of Virginia
1 . `otary Public Commiuion No.358553
My Commission Expires: '` Aly Commission Expires4f3ono»
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
- - ICIEN Y AND FORM
04 - IPAVb J.
SIGNATURE DAN 'A,T" YER,
t.C2
R ITY ATTORNEY
DATE
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
7
LAKE WESLEY 'REMOVE THE EXISTING PIER, Da:C"
FORMERLY I PILINGS,RAMP AND
NO-.02�' �- PROPOSED WALL TO BE INSTALLED ON
�N�
CROATAN BAY ACCESSORIES PRIOR TO
INSTALLING NEW PIER 4, 1 N0/ EXISTING BULKHEAD TO ELEVATION 7.0
NOTE: •\ �6/
NEW PIER TO BE \ey °M1 41) ,
INSTALLED IN I ' •
ACCORDANCE TO yy a� `
THE PLAN AND I�� \ a1y" .ati° °- O® e QC'.
PERMIT ISSUED BY y""�""ED FIXED Q,. •%� 1
THE ARMY CORP PIER 8W x 13'AND a m `��
GANGWAY 5W x 22' , ,u� ' 10
OF ENGINEERS SEE SHEET 2 F �'�' .' ' _.40 f,I NEW MASONRY WALL FLUSH
Q, �AIT INVME & " 0,_��. �, o � ,0 23 WI NEW LANDING AREA ELEV 7.0
21 -�A'f1NGD I 0 Y rs f��,• �; �,.i •
•
INSTALLED
WALL TO BE
ti ,, < ' = ,-(42,, ,,,,, ALLED ON EXISTING
j/r;et . ;-.. I, , �,
'4— 30 BULKHEAD TO ELEV.T.0
°; 4� �4,... . ; 22 0 °0\ 1 . in NOTE:
!'�kSEE SHEET 3 OF 4
_ .R j �r� ,`�,.\ : FOR PLANT LIST
1 _-y\ \ ^\ T: K
> ,ti` �• j� 38.3' 4 R EDGE OF PLANTING BED(TYP)
c
\ : x �\
i " • _ n
.3,4J N 1 5 SSTORY 2.5 .0 w NOTES:
y1, FRAME 063,:;5,.,D,'"•,,,7 5 a O ADJUST PH OF SOIL TO 5.0 TO 6.3
C" ti .
,-' i � , , •- •�. \ .,�rte'. a.`
`y4.,y,, -. `- o .\ \y \ab y,,�°��r.\ =a' INSTALL ALL PLANTINGS PER
T AMERICAN NURSERYMEN
o ', ,,'\a'y 3.7' '1 '
A - STANDARDS.
/� I ? el co 6 Qy (
49' PLANTING MEDIUM TO CONSIST
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SI D�1 > ;ti" in ..Q .x: 4, r .° t'••( ,..p \� ,3"° ' - INSTALL 3"SHREDDED
2ca -7\ ,4 '_.. ,- 9`a°t. r - r �� 3�b' HARDWOOD MULCH
608.84' t' \-P ^,'• LANDSCAPE PLAN
�} Q\�_ a ' Q\�`1 s\o •:�"' ��p \*)ti PREPARED BY:
�t�, EF
I,\ THOMAS J. STEELE, LA
• \\ .\os' C S3716'10"W;." 100.00" 6\ >- -``� 9100 RIVER CRESCENT
•.° .`:; ,y,,,,, ,i,' . •,'s �Q''o \ti ye ooh \o`'\Q�ti \°:,,''a� SUFFOLK,VA.23433
' " -- : ' Vr G I N IA DARE D RI�/E (50 RAN) PH:757-705-0386
__, O:A(ja _ Y1Q
\1° EXHIBIT"A" ,\°er, FORM*LY SECOTAN ROAD ,,s(') MICHIGAN STATE
SHOWING 15'BUFFER, DECK AND PIER (M.B-37,PG.11) UNIVERSITY 74'
FOR BA, LA.
LOT 22, RESUBDIVISION OF PART OF `, AMERICAN o
CROATAN BEACH
549 VIRGINIA DARE DRIVE '' Engineering g
VIRGINIA BEACH,VIRGINIA ,�
FOR American Engineering Associates-Southeast,P.A.Inc. I
3351 Stoneshore Road it
CBC HOLDINGS, LLC SHEET 1 OF 4 Virginia Beach,VA23452 757-468-6800
Dote Project Scale Drawn By Source Drawing Path\Nome, Layout
02/04/16 15050 1"=30' _ MGH M.B. 37, PG. 11 I.1:\15\0501Exhibit A\15050 Exhibit A.dwq, 01
LAKE WESLEY PROPOSED FLOATING
FORMERLY DOCK 8WX90' ,\ �,,�1
CROATAN BAY P/L EXTENDED C '1
PROPOSED - SEE SHEET 3 OF 4
DOLPHINS X2 I----24'--I 56.8' 1t1•e' FOR LAKE WESLEY
1 CHANNEL AND
I ELEC.PED UIDE PILE X9 I DIMENSIONS TO
ao 1\
PIL EXTENDED N WATER \ PIER TIEDOWN PROPOSED
_PED IMPROVEMENTS.
PROPOSED BOATLIFT
25K 130K CAPACITY
PROPOSED 1 10a, CLEAT
MOORING PILE I N 32.9' ••ROPOSED FLOATING
�P) 1 I ACCESS PIER X2
6'Wx24'L
PROPOSED FLOATING 10'—I `
ACCESS PIER 6'Wx24'L ' • I c
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10.2' .;:v °,, �. • FOR
• ', �� �6 2a.o' ^ x°1- M ,,ti° DEPICTION OF
35.2' 2 :0'- ,,. i
ADDITIONAL PIERS
1 _ ' AND FLOATING
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`° SUFFOLK,VA.23433
PH: 757-705-0386
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Date Project Scale Drawn By Source Drawina Poth\Name, Layout
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VIRGINIA BEACH,VIRGINIA
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e
Date Project , Scale Drawn By Source Drawing Poth\_Nome, Layout
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PH: 757-705-0386
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LOT 22, RESUBDIVISION OF PART OF AMERICAN oCROATAN BEACH
549 VIRGINIA DARE DRIVE Engineering a
VIRGINIA BEACH,VIRGINIA
FOR American Engineering Associates-Southeast,P.A.Inc. t?
3351 Stoneshore Road LL
CBC HOLDINGS, LLC SHEET 2 OF 4 Virginia Beach,VA 23452 757-468-6800
Dote Project Scale Drawn B_y Source Drawing Path\Names Layout
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101
Item-VI-K.7
ORDINANCES/RESOLUTIONS
ITEM#65757
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to CONFIRM the City Clerk's appointment of Terri Chelius as Deputy City
Clerk II, effective March 7;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
March 15, 2016
' If
1 A RESOLUTION APPOINTING TERRI HEATHER CHELIUS
2 TO THE POSITION OF DEPUTY CITY CLERK II
3
4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 That pursuant to § 2-77 of the City Code, Terri Heather Chelius is hereby
8 appointed to the position of Deputy City Clerk II, effective March 7, 2016.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 15t]day of
March , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO
LEGAL SUFFICIENCY:
• y Clerk City Attorney's Office
CA13704
R-1
March 9, 2016
102
Item-VI-K.8a
ORDINANCES/RESOLUTIONS
ITEM#65758
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT,APPROPRIATE and TRANSFER:
a. $163,000 in an interest-free loan to Kempsville Rescue Squad,Inc. re
purchase of a new ambulance
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
March 15, 2016
1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE
2 AN INTEREST-FREE LOAN TO THE KEMPSVILLE RESCUE
3 SQUAD, INC. FOR THE PURCHASE OF A NEW
4 AMBULANCE
5
6 WHEREAS, the Kempsville Rescue Squad, Inc. has requested an interest free loan
7 of$163,000 to purchase an additional ambulance with required equipment.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That$163,000 is hereby appropriated from the fund balance of the General
13 Fund for an interest-free loan to the Kempsville Rescue Squad, Inc. for the
14 purchase of an additional ambulance; and
15
16 2. That this loan is to be repaid by Kempsville Rescue Squad, Inc. over five (5)
17 years, pursuant to the terms of the attached agreement and promissory note.
18
19 Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of
20 March , 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
rn-
� a
Budget and Management Servic- e 's Office
CA13575
R-1
February 19, 2016
KEMPSVILLE RESCUE SQUAD INC .
P.O. BOX 62345 • VIRGINIA BEACH, VA. 23466
757-340- KVRS • www.kvrs.org
February 6,2016
Chief Ed Brazle
Virginia Beach Department of EMS
477 Viking Drive, Suite 130
Virginia Beach, VA 23452
Dear Chief Brazle,
I'm writing on behalf of the Kempsv i fle Volunteer Rescue Squad to request a No-Interest Loan
from the City of Virginia Beach.The loan will he used for the purchase of a new ambulance for
our squad. This new ambulance will be an additional ambulance added to our existing fleet of
five ambulances. Our increasin.wirVofookae§Iupled wil o+ r desire to staff ambulances at
Station 9, 10 and 19 require4it apbAltional tru Vreflior to` ave the new unit in service by
mid-summer. z..,17'..„?'s
Nt
We request a loan for O ie Bred y Three z Thousaii.l do A whi we would like to repay
in five annual installments. I tie requ Sfed amount inelu l s the'cost of th ambulance and related
equipment.
i.
Currently,ICempsville Volunteer Rescue Squad has three loans with the city
• Loan 4-ill (Unit 921)has an annual payment of$12,0011;00 due June 151 each y
cear through
2016 with 1payments remaining.
• Loan#2(U.nit 920)has an annual payment: tf$16,000 O0 due Aust_l s`each year
through 20 i 7 with 2 payments remaining
• Loan#3 (Un'` 9 has an annual payment of 5,200U0 dOe gust 1'each year
through 2020 hAptyintAits re lalnii g ‘` /
If you need any further informat'own lease let me know. 1111 l0 you for your consideration of our
request. E �,,
Sincerely,
,Jam s P. 6 re A3-ems'
James Brewer,Ambulance Coordinator
PROMISSORY NOTE
$163,000 Virginia Beach, Virginia
March 15, 2016
FOR VALUE RECEIVED, Kempsville Rescue Squad, Inc. ("Maker") promises to pay, without
offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach,
VA, or such other place as Noteholder may designate in writing, the principal sum of ONE
HUNDRED SIXTY THREE THOUSAND DOLLARS ($163,000) together with interest thereon.
From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO
Percent (0%)per annum.
Payment on principal shall be as follows:
On or before August 30, 2017 - $32,600
On or before August 30, 2018 - $32,600
On or before August 30, 2019 - $32,600
On or before August 30, 2020 - $32,600
On or before August 30, 2021 - $32,600
This note may be prepaid in whole or in part without penalty. Any such prepayments shall be
applied to principal.
If the Noteholder has not received the full amount of the annual payment by the end of 15
calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of
the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly
but only once on each late payment.
If Maker does not pay the full amount of each annual payment on the date it is due, Maker will
be in default, and the entire principal amount hereof, together with all accrued interest and late charges,
shall become immediately due and payable at the option of the Noteholder. Failure to exercise this
option upon any default shall not constitute or be construed as a waiver of the right to exercise such
option subsequently.
Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on
the ground of any extension or extensions of the time for payment or of the due dates of this note, the
release of any parties who are or may become liable heron, in whole or in part,before or after maturity,
with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers,
sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they
will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this
obligation or any part hereof is not paid when due.
WITNESS the following signature(s).
Kempsville Rescue Squad, Inc.
(SEAL)
Title: Date:
I I I
Agreement between the City of Virginia Beach and
the Kempsville Rescue Squad, Inc.
THIS AGREEMENT is made and entered into this day of , 2016, by and
between the CITY OF VIRGINIA BEACH,VIRGINIA("CITY")and the Kempsville Rescue Squad Inc.,
a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of
Virginia§§ 27-15.2 and 27-23.6.
WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical
services within the City of Virginia Beach; and
WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified
volunteer personnel and equipment to provide emergency medical services, and
WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in
Virginia Beach provided by the RESCUE SQUAD; and
WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to
enter into this agreement to render support and services to one another in accordance with these terms.
WITNES SETH
For and in consideration of the mutual promises and covenants set forth herein, and for other
valuable consideration related to the acquisition of a vehicle, the parties enter into the following
agreement as defined below:
RESPONSIBILITIES OF THE CITY
A. Provide a no interest loan for the purchase of the vehicle.
B. Provide standardized equipment required for operations within the City including, but not
limited to mobile communications devices,pagers, and map books.
C. Provide or pay for insurance covering emergency service and support vehicles owned by
the RESCUE SQUAD.
D. Provide fuel for the vehicle.
E. Provide all vehicle maintenance and inspection services, including payment of the annual
maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long
as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain
maintenance records and allow the RESCUE SQUAD's officers access to those records.
RESPONSIBILITIES OF THE RESCUE SQUAD
A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory
Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount
should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30
days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six
months upon a written determination that the extension is the result of extenuating circumstances. No
more than one extension shall be granted without authorization from the City Council.
B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the
CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless
1
prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned
equipment.
C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE
SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all
maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain
the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures.
The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops
that are acceptable to the EMS Chief.
DEFAULT AND MODIFICATION
A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole
discretion agree to a modification of this agreement, in accordance with the modification procedure set
forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,
then,upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide
a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle
and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the
fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY
and the RESCUE SQUAD to determine the vehicle's fair market value.
B. This agreement may be reviewed at any time upon the direction of the City Manager.
Each party must agree in writing to any subsequent modifications.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first
above written.
KEMPSVILLE
CITY OF VIRGINIA BEACH RESCUE SQUAD, INC.
City Manager/Authorized Designee By:
Title: Date
ATTEST:
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Virginia Beach EMS Chief City Attorney's Office
APPROVED AS TO RISK MANAGEMENT:
Virginia Beach Risk Management
2
103
Item-VI-K8b
ORDINANCES/RESOLUTIONS
ITEM#65779
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT,APPROPRIATE and TRANSFER:
b. $129,968 from the Virginia Department of Health's Office of
Emergency Medical Services (EMS) re Four-for-Life Grant to
enhance rescue and medical capabilities
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
March 15, 2016
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS AND TO TRANSFER FUNDS FOR
3 THE PURCHSASE OF EQUIPMENT AND FOR
4 VOLUNTEER RECRUITMENT AND RETENTION
5 INITIATIVES
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA THAT:
9
10 1) $64,984 is hereby accepted from the Virginia Department of Health, Office
11 of Emergency Medical Services, and appropriated, with estimated state revenues
12 increased accordingly, to the FY 2015-16 Operating Budget of the Department of EMS
13 to purchase 20 handheld computers and 6 video laryngoscopes, and to fund volunteer
14 recruitment and retention initiatives.
15
16 2) $15,500 is hereby transferred within the FY 2015-16 Operating Budget of
17 the Department of EMS to provide a partial local match.
18
19 3) $49,484 is hereby transferred from the General Fund Reserve for
20 Contingencies to the FY 2015-16 Operating Budget of the Department of Emergency
21 Medical Services to provide a partial local match.
15th
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of March , 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
-2 ) CAAA.S) c2)
Budget and Management Ser ces City A e s ce
CA13574
R-1
February 19, 2016
I I I
104
Item—VI-L
PLANNING ITEM#65780
1. CULLIPHER FARM and POTTER CONDITIONAL USE PERMIT
PROEPRTIES GROUP,LLC
2. MARGARET BAIN CONDITIONAL USE PERMIT
COUNCIL LADY HENLEY WILL ABSTAIN ON ITEM#1
ITEM#2 WILL BE CONSIDERED SEPARATELY
March 15, 2016
105
Item -VI-L
PLANNING ITEM#65781
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT:Item 1 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
March 15, 2016
106
Item—VI-L.1
PLANNING ITEM#65782
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, BY CONSENT: Application of CULLIPHER FARM and POTTER PROPERTIES
GROUP LLC for a Conditional Use Permit re a Farm Stand(Stoney's)at 1065 First Colonial Road
DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CULLIPHER FARM and POTTER
PROPERTIES GROUP LLC for a Conditional Use Permit re a Farm
Stand(Stoney's)at 1065 First Colonial Road(GPINs 2408530661;
2408535486;2408534687)DISTRICT 5—LYNNHAVEN
The following conditions shall be required:
1. All conditions of the November 13, 1996, Conditional Use Permit shall be deleted
and replaced with the following conditions listed below:
2. Except as modified by any other condition of this Conditional Use Permit, the
development of the site shall substantially conform with the submitted Site layout as
depicted on Page Seven (7) of this report entitled, "SITE LAYOUT CULLIPHER
FARM, 1065 FIRST COLONIAL ROAD," which has been exhibited to the Virginia
Beach City Council and is on file with the Planning Department.
3. Except as modified by any other condition of this Conditional Use Permit, the
development of the building shall substantially conform with the submitted floor plan
entitled, "CULLIPHER FARM STAND, FIRST COLONIAL ROAD, VIRGINIA
BEACH, VIRGINIA, SHEET THREE, " dated October 28, 2015, and prepared by
Space Planning, Linda Parrett Associates. Said Floor Plan has been exhibited to the
Virginia Beach City Council and is on file with the Planning Department.
4. Except as modified by any other condition of this Conditional Use Permit, the
development of the building shall substantially conform with the submitted building
elevations entitled, "CULLIPHER FARM STAND, FIRST COLONIAL ROAD,
VIRGINIA BEACH, VIRGINIA, SHEET FOUR, " dated October 28, 2015, and
prepared by Space Planning, Linda Parrett Associates. Said Elevation Drawings
have been exhibited to the Virginia Beach City Council and are on file with the
Planning Department.
5. Standard parking lot improvements shall not be required. A crushed shell parking
area surface is permitted, with the exception that paved handicap parking space(s)
shall be provided with paved access to the facility as per ADA requirements. Parking
stops shall be added within the parking area to clearly identify parking spaces.
6. Portable restroom facilities will be permitted for one (1)year and must be provided
until the proposed improvements/additions to the Farm Stand are complete, at which
time a minimum of one (1) permanent restroom facility shall be provided. The
restroom facility shall be ADA compliant.
7. There shall be one access point allowed from First General Parkway, as shown on
the submitted Site layout. There shall be no direct access permitted from First
Colonial Road.
March 15, 2016
107
Item—VI-L.1
PLANNING ITEM#65782
(Continued)
8. The Site shall be permitted no more than three (3) signs, one (1) of which may be
a freestanding sign. A separate permit from the Planning Department, Zoning
Office, shall be obtained prior to the installation of any signage.
9. The two (2) parcels located to the North of First General Parkway (GPINS
2408534687&2408530661)shall continue to be cultivated for the entire duration of
the Site's use as a Farm Stand.
10. All products sold at the Farm Stand shall be limited to those specifically indicated
within the definition of an "Agricultural-related product, " as defined in Section 401
(e)(3) of the Zoning Ordinance. This shall include honey, maple syrup,jams,jellies,
preserves, relishes, juices, cider, milk, ice cream and other dairy products, peanut
butter, cheese, eggs, breads and other baked goods,fresh seafood,poultry and other
meats, ornamental plants, flowers, pottery, hanging baskets, wood carvings,
potholders and other hand-crafted items having an agricultural theme, and similar
items. Also included is bottled water, soda and items or apparel displaying
exclusively the name of the Farm Stand shall be allowed,provided that the display of
such apparel shall not exceed ten (10)percent of the floor area of the establishment.
11. No parking shall be permitted nor shall any structures be installed, with the
exception of a freestanding sign, within fifty (50)feet of the property line adjacent to
First Colonial Road. All healthy existing trees that are six (6) inches in diameter or
greater within this area shall be preserved.
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 Fifteenth day of March, Two
Thousand Sixteen.
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, William
D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Abstaining:
Barbara M. Henley
Council Members Absent:
None
March 15, 2016
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City of Vires;inia Beach
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VBgov.com
BARBARA M.HENLEY PHONE: (757)426-7501
CITY COUNCIL MEMBER-PRINCESS ANNE-DISTRICT BARBARA@BARBARAHENLEYCOM
7
In Reply Refer to 0057512
March 15, 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 the
application of Cullipher Farm, Inc. for a farm stand at property owned by Potter
Properties Group, LLC and located at 1065 First Colonial Road.
2. I have an ownership interest Henley Farm LP, which is located at 3513 Charity Neck
Road, Virginia Beach, VA 23456.
3. Because of prior business relationships between Henley Farm LP and the former tenant
on this property, I have chosen to abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Sin erely,
Barbara M. Henley
Councilmember
BMH/RRI
3513 CHARITY NECK ROAD,VIRGINIA BEACH,VIRGINIA 23456
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108
Item—VI-L.2
PLANNING ITEM#65783
Margaret Bain and Christopher Worst, Applicants, advised Ms. Bain is a stay-at home mom who has a
love of animals. She uses her own resources to foster dogs and rehabilitate them for adoption. The City
requires a Kennel license for more than four(4)dogs. They have five (5)dogs and need this license.
Josephine A. Magorn, 1632 Flanagans Lane, Phone: 377-4598, spoke in OPPOSITION. Ms. Magorn
advised she has no opposition other than the noise when an emergency vehicle with sirens travels in ear-
shot. Ms. Magorn played a recording of the dogs howling just to demonstrate the noise generated.
Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council APPROVED and
AMENDED CONDITIONS TO LIMIT THE NUMBER OF DOGS TO FIVE (5), Application of
MARGARET BAIN for a Conditional Use Permit re a residential kennel at 1652 Flanagans Lane
DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of MARGARET BAIN for a Conditional
Use Permit re a residential kennel at 1652 Flanagans Lane (GPIN
2413579634)DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. Exterior play areas for the dogs shall be limited to those identified as "Fenced
Enclosures"and "Horse Pasture"on the submitted exhibit entitled, "SITE PLAN OF
LOT 9A, RESUBDIVISION OF LOT 9, PART OF PROPERTY OF FRANK T.
WILLIAMS FOR BAIN RESIDENCE, " and identified by Staff as "CUP EXHIBIT
FOR MARGARET BAIN,"dated January 05, 2009, and prepared by Kellam Gerwitz,
with comments added by Staff.
2. There shall be no more than tight (8)five (5) adult dogs over the age of six (6)
months on the site at any one time. Included in the total number of dogs shall be any
dog owned by the property owner and any dog receiving foster or temporary care
and shelter.
3. No identification sign related to this Conditional Use Permit shall be permitted.
4. Any accessory structure added to the property that will be used to provide shelter for
the dogs shall be air-conditioned, heated and located within the rear fenced areas,
identified on the exhibit referenced in Condition No 1 above as "FENCED PLAY
AREA"or "HORSE PASTURE. "
5. All dogs on the property shall be up-to-date on all required shots and shall be
properly registered by the City of Virginia Beach.
6. This Conditional Use Permit shall be required to be renewed one (1)year following
the date of City Council approval. After said duration of time,per Section 221 (k) of
the Zoning Ordinance, the Director of Planning shall review and may extend the
Conditional Use Permit for another year, provided the continuation of the Use
Permit would not be detrimental to the public health, safety and welfare and that to
continue the activity under the Use Permit would not cause public inconvenience,
annoyance, disturbance or have an undue impact on the community or be
incompatible with other uses of land in the particular Zoning District.
March 15, 2016
109
Item—VI-L.2
PLANNING ITEM#65783
(Continued)
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifteenth day of March, Two
Thousand Sixteen.
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
March 15, 2016
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110
ITEM VI-M
APPOINTMENTS ITEM#65784
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
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
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
March 15, 2016
111
Item -VI-P
ADJOURNMENT ITEM#65785
Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 7:49 P.M.
IC)141a114°-1Yr1/14_(
Amanda Finley-Barnes, MMCF
Chief Deputy City Clerk
' Hodges Fraser, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
March 15, 2016