APRIL 5, 2016 MINUTES M;,
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 5, 2016
Mayor William D. Sessoms, Jr., called to order the City Manager's Briefings on the FY 2016-2017
Budget in the City Council Conference Room, Tuesday, April 5, 2016, at 2:00 P.M
Council Members Present:
M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms,
Jr., Rosemary Wilson and James L. Wood
Council Members Absent:
Robert M. Dyer arrived late
Amelia N. Ross-Hammond arrived late
John E. Uhrin arrived late
2
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
AGRICULTURE
ITEM#65786
2:06 P.M.
Mayor Sessoms welcomed David Trimmer, Director - Agriculture. Mr. Trimmer expressed his
appreciation to City Council for their continued support:
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Agriculture Department
Budget Workshop April 5, 2016
Mr. David Trimmer, Director
Below is the Department's FY2016-2019 proposed Operating Budget:
Agriculture Operating Budget
Program Unit FY 14-15 FY 14- FY 15-16 FY 15-16 Change FY 15
Amended 15 FTE Proposed FIE Amended to FY 16
Proposed
Director's Office $302,224 2.52 $ 295,193 2.52 ($7,031) (2.3%)
Extension Office $ 304,460 6.0 $ 303,561 6.0 ($899) (.3%)
Farmers Market $ 238,209 2.0 $236,913 2 ($1,296) (.5%)
Agricultural
Reserve $3,314,544 1.48 $4,197,607 1.48 5883,063 26.6%
Program
Total $4,159,437 12.0 $5,033,274 12.0 $873,837 21%
April 5, 2016
3
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
AGRICULTURE
ITEM#65786
(Continued)
The majority of the Department's expenditures are related to Debt Service:
FY 2016-17 Budget
$835,667
16.6%
Budget by Fund
$2,521
$4,197,607 0.08% [VALUE]
83.4%
■General Fund ARP
Budget by Expense Category [VALUE]
Personnel ■Operations
Debt Service ■Reserves and Transfers
Below are the Department's Significant Issues:
Agriculture Department Significant Issues
➢ Agriculture growth in Virginia Beach continues to be strong
with an estimated economic impact of$121 million in 2015.
➢ All facets of Agribusiness remain strong: production farming
(crops),fruits&vegetables,tourism,farmers markets,ARP,
equine,etc.
➢ Farmers Market high profile events and community
interaction make it a place to visit,shop,and enjoy activities
and AG education opportunities;500,000 estimated annual
attendance with 100 plus events planned for 2017.
➢ Agricultural Reserve Program(ARP)enrolled 9,316 acres since
the program's inception in 1995.
April 5, 2016
4
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
AGRICULTURE
ITEM#65786
(Continued)
Agriculture Department Significant Issues-continued
➢ The Office of Farmland Preservation,under the Virginia
Department of Agriculture and Consumer Services(VDACS),
continues to partner with the City's Agricultural Reserve
Program to offer reimbursement funding for easement
acquisition costs to help further local dollars invested.
➢ In 2016$411,891 was allocated.
➢ To date,the City has been reimbursed a total of$925,544.
➢ 2014-2015 Virginia Beach Office of Volunteer Resources
Annual Report shows Agriculture with a count of 1,238
volunteers contributing 34,823 hours with a value of$803,367
to the City(equaling 16.74 FTEs).
Agriculture Department Significant Issues-Continued
➢ Continued focus on Agritourism(Partner with CVB)
➢ Farm Tours
➢ Taste of the Farmers Market
➢ Pungo Strawberry Festival— 33'd year 2016
➢ Ag Educational Programs at the Farmers Market—Expose local
K-5th Grade students to Agriculture,Proper Nutrition,Farm
Experiences,Master Gardener Programs:Kitchen Garden and
Farmers Market Garden displays through demos,skits and
tours via the Rural Heritage Center(RHC).
➢ 2012-13 2,122 Children Participants in RHC Education Program
➢ 2013-14 2,200 Children Participants in RHC Education Program
➢ 2014-15 2,500 Children Participants in RHC Education Program
April 5, 2016
II
5
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
AGRICULTURE
ITEM#65786
(Continued)
Agriculture Department Significant Issues-Continued
➢ Continue working with local fruits and vegetable growers to
assist in creating opportunities to market and sell their
produce locally and increase opportunities to increase
production and sales.
D Y-Not Wednesday—8th Year
D Libraries—4th year Farm to Library Program-4 libraries(Kempsville,
Central,Princess Anne,and Bayside)
D Wednesday Farmers Market Fruit and Vegetable"Live"Auction—4th
year
D Hoe Down Season Kicks off April In to October 28th
D 12 Major Events at the Farmers Market;Harvest Fair being the Largest
➢ Continue to focus on growing and developing shopping,AG
Tourism,and community event venues for citizens and tourist
to experience a family friendly environment.
➢ AG Tourism
J
Agriculture Department Significant Issues-Continued
➢ Continue to promote and support the numerous 4-H programs.
Currently,there are 13 clubs with 385 active volunteers offered
by the Virginia Tech Extension Office.
➢ Continue to support community agriculture venues and events.
➢ Continue to support programs such as the Hampton Roads Buy
Fresh Buy Local Chapter,Virginia Soil and Water Conservation
Programs(VADARE),Pungo Strawberry Festival(33nd Year in
May 2016),Excellence In Agriculture Program(started in 1966),
and the Virginia State Fair which is owned and operated by the
State of Virginia Farm Bureau.
➢ Continue to support the growth of AG industry in Virginia
Beach.
April 5, 2016
6
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
AGRICULTURE
ITEM#65786
(Continued)
Agriculture Department Significant Issues-Continued
➢ Continue to preserve farmland for future generations to sustain
agriculture,preserve jobs,maintain a rural setting,provide
open space,control density growth and protect the
environment.
Mr. Trimmer advised the Agriculture industry in the City continues to be strong with $120.8-Million
Economic Impact in 2015:
Conclusions
2040 Vision
- 460,000 Residents
- Sustainable Agriculture Industry
- Ability to Grow,Source,and Provide Local Fresh
Products
Mayor Sessoms expressed his appreciation to Mr. Trimmer and his entire Stafffor a job well done.
April 5, 2016
II
7
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
CONVENTION and VISITOR BUREAU
ITEM#65787
2:28 P.M.
Mayor Sessoms welcomed J. Cliff Myers, Director of Administration - Convention and Visitors Bureau.
Mr. Myers expressed his appreciation to City Council for their continued support:
Convention & Visitors
Bureau
Budget Workshop April 5,2016
J. Cliff Myers,Director of Administration
Below is the Department's FY2016-2017 proposed Operating Budget:
Convention&Visitors Bureau Operating Budget
General Fund FY17
am Unit FY19-16 FY35-36 r5p9' FY16-17
Vroer Amended FTE pro
ed FTE Chen.4,42013-16 Amended to FY 7016se
1)Fro•od
General Fund
Motel ME emsrv,Wrwm 6F MC;Mme.In lek
Director's OMs 854,04 8.00 1,205,609 9.00 351,605 41.21419.9.4444949•9939094921.4.94.4941.
from TN Fund me.Wrawnt41176F butlptwn
Tourism Marketing& Net ol4'TE vv.leneelrom 6r to 7N rang:ee<ma
502Sales ,447 6.0 w
94358 - 14073891 -81.1%.km imnmeeencermnbeeemtu
imrnnslerrea
End uemGr bueptrm
Net 311 FTE mwe4441mm rawemMnMarkel.
Sports Widening 266,405 3.00 388.349 4.00 121,944 4.9.8%oMdmtosFerwMm:amrrnehk
Men TAP
prWryw01fY171 mm�neek,
Fan TNFwdeMa.rlwaiYl76f ldptaa
Sr Sports 3441 FTE
ComeMlon M.rketing 1,101,914 13.00 934,644 9.0 (167,270) -15.2%°M
&SaMs lame in Im,n TAF funs em
swsmwntbutlptcua
Virginal Beech NeonFTEtrx.Mneto6Fpnmhomz:Mrrme
Convention Center 6,610,563 63.9 6,387,020 62.89 (223,543) -3A%nRMMememmunpewee(e(dews,
Mawln FYrbblr.rea
1et.l General Fund 9,335,333 93.9 9,010,480 84.89 (324,853) -3.5%
VIRGInIR
April 5, 2016
8
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
CONVENTION and VISITOR B UREA U
ITEM#65787
(Continued)
Convention&Visitors Bureau Operating Budget
TAP Fund&TIP Fund FY17
Program Unit FY1516 15 16 FY3617' 6016-17
TAP Fund
Amended FTE PrP2sed FTE Change FY 2015-16 Amended to FY 20161]Pr�osed
anent Famreane/fromerrednod;5
Tourism I,Cona% RF1nOranN rrR/P1
and
;1II
Advertising and 9,671,311 • 10,498,074 14.00 826,763 II 5%yadxaam Fv38 nwtamwno.Isson m
Promotionelnerus
w :arnmanaYnmv-.dm
Visitor Information
edtenYNvolwuanm im Pwd;
Coolers 1,347,928 12.39 814,126 7.39 (533,802) -39 6%yup µrnsmasm.ae;„ e,';
SprYl Mremr f uk Camnaeeon Mmm
Compensation Reserve - - 274,138 - 274,138 n/mgws.wr5118440rpawmnriasSu
541,214Maessel MSPim IMdp.
Tnmfer to Other 56,838 56,838 - - 0.0%
Funds
7aaa1LV Rend 11.078,077 12.31 1103,178 23,38 887,00 9.1%8 0...61 aa.44N0 mraamf
Program Unit FY35-16 6015_I6 FY1617 FY36-17 Change FY 2015-16 Amended to FY 201617 Proposed
TIP Fund Loral. Amended FTE Proposed FTE -- _
TIP LoW C99Wign 300.000 100,000 - - 0.0%
Total CVB Budget 20,.11,410 106.28 20,751,656 106.28 272 24, 1
vIRGInIR
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The majority of the Department's expenditures are related to Operations:
FY 2016-17 Budget
• CVB Budget by Fund
411111
TIP Fund
3100.080
Ort
F+1%
■General Fund■TIP Fund TAP Fund 7•', °
CVB Budget by Expense Category
k Personnel III
Operations
•Transfers&Reserves
VIRGIfIR
Y F�BERCH
April 5, 2016
9
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
CONVENTION and VISITOR BUREAU
ITEM#65787
(Continued)
CONVENTION e °' ` '
&VISITORS budget •
BUREAU (FY17 proposed) +tet SIN ,
Operafing tk
Budge}
MISSION STATEMENT: An others,
,En.
there
It Comes
d i' F�� > Where It
Goes
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VIRGInIR
w tThBERCH
Below are the Key Tourism Indicators:
Virginia Beach— Key Tourism Indicators
...,, 2009 F 010 . 1011 ;:. 2022 2013 x014
Spending 1.06 1.13 1.22 1.28 1.31 1.37
(In billions$)
City and State
Tax Revenue(in 91.63 94.93 98.02 102.03 107.70 115.17
millions)
Jobs 11,596 11,562 11,756 12,025 12,257 12,568
Source.USTravel Association
Total Annual Overnight Visitors to Virginia Beach—(inntiians)
9 010 ,: 4011,'_ `..2012 „,s;x,. 22013 2014
5.3 5.5 5.7 5.9 5.9 6.0
Sourceaongsvooa International
VIRGInIR
} C`)BERCH
April 5, 2016
I I i
10
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
CONVENTION and VISITOR BUREAU
ITEM#65787
(Continued)
Below are the Department's Significant Issues:
Convention& Visitors Bureau
Significant Issues/Concerns
• Impact of Arena construction on convention center parking and revenue
projections—During the construction phase of the Arena project,we anticipate
some adverse impacts on parking for the Convention Center. This will be
remedied through the provision of shuttle service from off-site parking during
large scale events. We have not included projections for any impact this
construction may have on facility revenues in FY17.
• Sports Marketing conducting venue assessment&capacity analysis—As a
strategy towards future growth in this productive market segment,CVB Sports
Marketing has partnered with a third-party firm to conduct an assessment of
existing and potential venues for sporting events within the City. A capacity
analysis will also be conducted to determine&strategically target future venue
opportunities.
• Will strong value of USD affect Canadian visitation?—A growing concern
over the currency exchange rates between US and Canada may affect Canadian
tourism in FY17. The strong value of the US Dollar may make a vacation to
Virginia Beach a tough decision for some Canadian families,which typically
com.rise 8-12%of all visitors dunn.the Summer.
= VIRGIf1IR
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Mayor Sessoms expressed his appreciation to Mr. Myers and the entire Stafffor a job well done.
April 5, 2016
.
11
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
ECONOMIC DEVELOPMENT
ITEM#65788
2:40 P.M.
Mayor Sessoms welcomed Warren D. Harris, Director - Economic Development. Mr. Harris expressed
his appreciation to City Council for their continued support:
,', i ic,
r
Economic Development
Budget Workshop April 5, 2016
Warren D. Harris
Director
Below is the Department's proposed FY2016-2017 Operating Budget:
Economic Development Operating Budget
FY 15-16 FY 15-16 FY 16-17 FY 16-17 Change FY 16 Amended
Program Unit Amended FTE Proposed FTE to FY 17 Proposed
Director's Office $ 3,551,849 16 $ 3,631,457 17 $79,608 2.24%
Capital Projects $69,304 1 $0 0 ($69,304) (100%)
(APZ FTE)
Grow Smart $297,224 1 $297,594 1 $370 .12%
Total $3,918,377 18 $3,929,051 18 $10,674 .27%
ol1/110011°lg--^ ► #17 in US
i • gim for advanced industry
""7.- jobs
Source Brookings Institution,2015
April 5, 2016
12
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
ECONOMIC DEVELOPMENT
ITEM#65788
(Continued)
Below is the Budget by Expense Category:
FY 2016-17 Budget
Budget by Expense Category
41i ::::44';,..42:,:rc;.,,,..L, ,.
y � „
z
Personnel ■Operations
Below is the Department's Organizational Chart:
Economic Development Organizational Chart
Werra.a Harrl.
Director
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1 I • 1 _...
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—j o'r. sw.wer..
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April 5, 2016
13
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
ECONOMIC DEVELOPMENT
ITEM#65788
(Continued)
Below are the Department's Significant Issues:
Economic Development Significant Issues
• Limited Funding:
• Not competitive with peer communities(Raleigh,San Diego,Jacksonville,Fairfax,
Nashville,etc.)
• Limited investment in GrowSmart to achieve its stated mission.
• APZ-1 funding limits site acquisition and incentives(including entitlements)
• HREDA:Completed reset of HREDA
• Challenges at State Level:Bioscience and healthcare funding not approved by General
Assembly.
• Small Business Support:
• Home to 33%of all regional startups
• Limited small business financing programs
• Increased SWaM attention
• Competition from neighboring cities(Loan programs,incentive programs,grants,overlay
districts,entertainment programs,venture capital)
• Need for"Product"—availability of sites and existing buildings continue to drive
business development
• Princess Anne Commons Bio Park
• London Bridge Commerce Center
s
Economic Development Significant Issues
• Workforce development and talent
attraction
• Infrastructure needs
• Airport(limiting factor to business
growth)
• Port
• Broadband
• Light Rail
• Technology-oriented marketing
rvT
• Use of Digital Media(iBooks,
Community Profile,new websites)
• Telecommunication infrastructure presents fib.
a unique industry opportunity. '
I A
April 5, 2016
14
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
ECONOMIC DEVELOPMENT
ITEM#65788
(Continued)
Below are the Department's Trends and Highlights:
Economic Development
FY 2015-16 Trends&Highlights
• Second in economic activity behind Fairfax County.
• Emerging Cybersecurity target industry sector.(Cyber Symposium,Cyber
Conference—October 2016;launch of Cyber Protection Resources
Center)
• Number of international companies located in Virginia Beach has
increased by more than 35%since 2010.
• More than 20 different international companies consider Virginia Beach as
their North American Headquarters.
• Bioscience strategy implementation well under way(development of a
marketing brand,accompanying website,and various targeted marketing
missions)
• New Bio Accelerator located in the TCC Health Professions building
VABEACHBaOO
A WAVE 01 INNOVATION Cr
Economic Development
FY 2015-16 Trends&Highlights
• New-to-market national retailers continue to
locate in the City(REI and Nordstrom Rack within
the Central Business District;L.L.Bean at
Lynnhaven Mall.) S
M
• Officially opened Trade Office in Olongapo,
Republic of Philippines .
• Established a Board of Directors
IN VIRGINIA BEACH•
• Transferred surplus boats to meet emergency NEW ART'
needs D ISTR I C
• Facilitated the Memorandum of
Understanding Agreement between Subic (`
Freeport and Virginia Port Authority
Kristina Chastain
• Tidewater Community College Workforce
Solutions opened office adjacent to our office.
• Kempes Village project construction underway in
the historic Kempsville community.
• Awarded EDIP grants to assist with new businesses
within the ViBe district.
April 5, 2016
15
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
ECONOMIC DEVELOPMENT
ITEM#65788
(Continued)
Economic Development
FY 2015-16 Trends&Highlights
Economic Development Recognitions
• Excellence in Economic Development
Awards from IEDC and VEDA:
• VBDA Annual Report(Gold)
• Virginia Beach Community Profile
(Silver) f 4 F.
Ivo
• Yes Virginia Beach iPad App(Silver)
VIRGINIAB.uG.
• Launch Virginia Beach Ad Campaign war
— —
(Silver) -
Exl, CEAEH
• Community Economic Development AWARDS AWARDS
Award(CEDA)–YesOceana program pip
E rr.
• Completing AEDO/IEDC economic ;teal
development organization
reaccreditation {
Economic Development
FY 2015-16 Trends&Highlights
GrowSmart Accomplishments
• 23 early education providers awarded scholarships in 2015-16;one master's
degree completion(spring 2016)
• Business training,mentoring and support to 7 SWaM businesses(CY2015);41 to
date
• Assisted child care owners in increasing revenues by 18% (CY2015)
• Over 3,500 books gifted to children ages 0-5
• Virginia Beach Reads program:
• Outstanding Mentoring Partnership of the Year(Virginia Mentoring
Partnership)
• Model Partnership(Virginia Beach City Public Schools)
• Pacesetter Honor(Campaign for Grade-Level Reading)
• Presentation at 2016 Transforming Local Government National Conference
VIRGIIVA BEACH
G SMART
April 5, 2016
16
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
ECONOMIC DEVELOPMENT
ITEM#65788 •
(Continued)
Below are significant projects opened in FY 2015-16:
Economic Development
FY 2015-16 Trends&Highlights
Significant FY 15/16 Projects:
• Town Center—Block 9
• TopGolf
• Star Chase �` j •
• Haulotte •
• Chesapeake Bay Distillery
• Esoteric
• Versability
• LifeNet Expansion 1
• Various Craft Breweries(9)
a
True to mission and focus defined by City Council, 38% of all new jobs in FY 2014-15 were in the
technology sector:
Economic Development
FY 2015-16 Trends&Highlights
i OF ALL
New 18 NEW JOBS
Expansions 34 IN 14/15
Jobs 1,697 WERE IN THE
Investment $148 million TECHNOLOGY
Square Feet 1.2 million sq.ft. SECTOR.
New/Expansions 52
Jobs 2,197
Investment $58.74 million °{'
Square Feet 931,000 sq.ft.
April 5, 2016
17
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
ECONOMIC DEVELOPMENT
ITEM#65788
(Continued)
Below are the Prospect activities from March 2016:
Economic Development
FY 2015-16 Trends&Highlights
PROSPECT ACTIVITY-MARCH 2016
Local 41 Idd v
National 37 �J
International 22
Manufacturing 37
Maritime/Logistics 17
Technology 30 �1 0*
Defense 17 � ww
Office 28
Bio/Life Science 15
Retail 8
Other 7
Budget Presentation Conclusions
• Continue to prepare for the uncertainty in the marketplace.
• Reassure companies and investors that Virginia Beach is a stable and pro-business
community.
• Bioscience and healthcare research and development remains an emerging
target industry for Virginia Beach.
• Cybersecurity has become dynamic new technology target.Short to mid-
term plans include hosting a major conference in October 2016.
• Embracing enhanced technology helps to eliminate the digital divide.
Projects like the transcontinental cable will help to create new business
opportunities.
• APZ-1 grant funding in out years is a growing concern.
• Expansion of GrowSmart services will need additional sources of funding.
• Critical need for additional staffing for Economic Development and
GrowSmart.
• The ViBe district offers new investment opportunities for small&emerging
companies.
April 5, 2016
18
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
ECONOMIC DEVELOPMENT
ITEM#65788
(Continued)
Questions?
Mayor Sessoms expressed his appreciation to Mr. Harris and the entire Department for their hard work.
April 5, 2016
19
CITY MANAGER'S BRIEFINGS
BIOMEDICAL INITIATIVE UPDATE
ITEM#65789
3:26P.M.
Warren Harris advised he is providing the Biomedical Initiative update:
VABEACH BIB
,,,,
Biomedical Initiative Update
Virginia Beach City Council I Ar rrk ', :,.)16
rr-
VIRGINIA BEACH
ECONOMIC DEVELOPMENT
Below is an overview of the Initiative:
VABEACH131r0ABOUT
In 2014, Virginia Beach created a task force of industry leaders
to evaluate the strength of the region's biomedical and
healthcare market. Key stakeholders include:
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April 5, 2016
20
CITY MANAGER'S BRIEFINGS
BIOMEDICAL INITIATIVE UPDATE
ITEM#65789
(Continued)
Based on the Market Assessment, below are the "areas of focus":
ft
it
VABEACH I AREAS OF FOCUS
tit
Based on the market assessment, Virginia Beach is
ideally positioned for companies specializing in the
following fields:
4 0 0 �iel
W ,
Diabetes Cardiovascular Neuroscience Oncology
Disease /Brain Injury
The Bio Accelerator will ensure the research conducted becomes some type of commercial enterprise in
the City:
VABEAH BIO ACCELERATOR
• Wet lab space available °..
for startups and small Regional Healthraf
companiesI _ � ,�
• Housed in the Regional .f...`
Health Professions
+i
Center *
n
• Companies gain access
to TCC resources
• One year lease with two TIDEWATER COMMUNITY COLLEGE
optional one year From here,go anywhere."
extensions
• Accelerator has already attracted potential tenants
April 5, 2016
21
CITY MANAGER'S BRIEFINGS
BIOMEDICAL INITIATIVE UPDATE
ITEM#65789
(Continued)
°r' ' TCC - ACCELERATOR
VABEACH FLOOR PLAN
ill
• 1,500 sq. ft. ,� ■ }
office space
• 7 potential suites - „,.t A.
(approx. 200-300 "� i �
sq. ft. each)
• Additional space MI ) 614 M 0 CO(i)
available if I C:3
e
needed 0 >
In
• Attractive lease
rate
VABEACHBIC).„,)
2016 CALENDAR
completed ._,:::.„.1.,„;:-.....,...p3„K,:,,,,,,-,s
January '°”
• J.P.Morgan Healthcare Investors Conference— it_ ,,,,,
San Francisco,CA
• Sponsored an event with Virginia Bio and UVA's
Darden School of Business f r
Biotech Showcase—San Francisco,CA -.,;
Concurrent with JP Morgan l
• Pre arranged more than 25 1-on-1 meetings with •, � ,•
company leaders
• 7 active prospects !__.
• General Assembly Visit 'i
• Met with Virginia Beach Delegation to support
F ' „
Governor's budget,including funding forS
Medlmmune `
Urology of Virginia
F
April 5, 2016
1
22
CITY MANAGER'S BRIEFINGS
BIOMEDICAL INITIATIVE UPDATE
ITEM#65789
(Continued)
VABEACH
2016 CALENDAR
February
• Medical Design&Manufacturing West—Anaheim,CA
• Largest medical device show in USA
• Spoke to hundreds of companies
• 6 active prospects
• Virginia Beach visit by Executives from Medlmmune
• Also included William&Mary,EVMS,ODU,Sentara,and
LifeNet Health
March
• Virginia Bioscience"Medical Device Commercialization"
Event—Richmond,VA
April
• Bio Appointments-Cambridge, United Kingdom `7
May
• Bio Appointments-San Diego,CA MDM west was"six shows in one'
June
• Bio International Conference-San Francisco,CA '
The website was launched in November 2015:
VABEACH1E1!
VABEACHBIO.COM
i
VAti f:,lll;:l` --
New
New Website Launched ,._ ,,�,,,,,,,,„6, ,„„
• Dedicated specifically to theItii.
biomedical & healthcare A
industry 0 riLl 0 0
• Learn about our regional
strengths and assets
• Explore the Princess Anne ,3„, ,:,. •hry
Commons Bio Corridor
• Launched in November 2015
April 5, 2016
1 1 I
23
CITY MANAGER'S BRIEFINGS
BIOMEDICAL INITIATIVE UPDATE
ITEM#65789
(Continued)
Below is the existing Biomedical Corridor identifying the existing assets, attractions/amenities and the
new or expanding assets in the Corridor:
VABEACHBI0,6 BIO CORRIDOR
Advanced TCC Health
• h.� - Technology Professions Center s
Center
_ Operation Smile
S World 1
00U/NSU Higher Headquarters
Ed Center
landstawn High School& ` - e
STEMAcademy ldeNet Health HO&
&o aMf-
Regenerative Medicine Institute 4
', f
(HMO Surgery
Lenter
. 5_ 'T`r Sentara Process Anne ID
Y r w�•! a • Hosp'tal Lands[own Commons
gs - • Shopping Center
' P "g
8A~ M�
1
KEY:
J Existing Biomedical Assets YMCA Medical Facilities CHN Sports
o<America Med c'na Faculty
_ '
J New/Expanding Assets
Amphitheater Se rtspi &Field House VA Beach Elio
Park
d
VABEACH i VA BEACH BIO PARK
-. •K,•- .,,... . • 155 Acres have been
designated as a potential
,d.„'• �y 1•r," Biomedical Park
, ' ',:V., f� ' • Up to 1,000,000 square
-' > --. ' feet of"class A" office and
,� wet lab space
'
Why Bio? Pr -4 / ;,
• •Healthcare will represent r
approx.20%of America's s w .` .-
GDP in 20 years. �/ �
•Biomedical Jobs are high- ��� :�e"°-t w
skilled and high paying. Hj / . I� t b!y
•Capitalize on translational '�� ,*:=.4,.
a.°r .-�- �.�
research from our -�.e•�- ee, ,`.,,�A"��•.`
universities =% 10
April 5, 2016
II
24
CITY MANAGER'S BRIEFINGS
BIOMEDICAL INITIATIVE UPDATE
ITEM#65789
(Continued)
VABEACHBI VA BEACH BIO PARK
• Virginia Beach is working with developers
interested in becoming a part of the Bio
initiative
• Initial developments of 20-60,000 SF
•
a4 t.
• Conducting due diligence on business 1 ,
needs now
• Wet lab space a critical need for Bio Park
• Create a new, larger Accelerator
• Need for additional office space -f
• Working to assemble a critical mass of
bioscience companies to initiate
Example of the type of Building being Proposed
development 'mage Courtesy of Yelp,lP'
• Currently in discussions with anchor tenant
11
Below is a sample of active Prospects:
VABEACHE3K SAMPLE OF ACTIVE PROSPECTS
•
• Medlmmune
• Recently hosted a meeting with Medlmmune leadership along with leadership
and bioinformatics experts from William& Mary, ODU, EVMS, Sentara, and
LifeNet Health
• Project Madison
• Prospect from 2015 Bio International Convention
• Regenerative medicine&cancer research firm interested in partnership with
LifeNet Health
• Project Matrix
• Prospect from 2016 Biotech Showcase
• Stem cell research firm also interested in LifeNet partnership
• Brain Trauma Center
• Remains an active prospect for the proposed Bio Park
April 5, 2016
25
CITY MANAGER'S BRIEFINGS
BIOMEDICAL INITIATIVE UPDATE
ITEM#65789
(Continued)
VABEACH B ' , VETERANS CARE CENTER
• In 2014, City Council proposed a 44 acre site at the 1.4
corner of West Neck and North Landing for a
Veterans Care Center •
• 15-25 acres would be developed
• parking space230s
:000
Approximately• beds
• City provided right of entry to perform due diligence
• Virginia Beach General Assembly Delegation
endorsed site �b
• Budget Bill HB30 allocates$29M for construction of
two veterans'care centers in Virginia (one in
Hampton Roads)
• Amendment to the Budget also provides funding for Care PROPOSED SITE L' CATION
Center Administrators to be hired in FY 2018 Ise '( !owing zoning and AICUZ)
VABEACHBIG
VA BEACH BIO PARK
• Briefings provided to the following:
• Mayor Sessoms VABEACHBI
• Councilwoman Henley
• Princess Anne Commons Task Force i ''I'``
oma : .
(Staff Committee)
• ITA Citizen's Advisory Commission
(Provided unanimous support)
• Design Criteria under development
• Future CIP Project identified for road &
infrastructure Improvement
• Metes & Bounds survey completed and ; '► •
property appraisal done
April 5, 2016
26
CITY MANAGER'S BRIEFINGS
BIOMEDICAL INITIATIVE UPDATE
ITEM#65789
(Continued)
Below is Staff Recommendation regarding the Bio Park:
VABEACHE f� VA BEACH BIO PARK
Staff Recommendation
• Staff recommends that `
City Council transfer the �`A
155 acres designated for
the VA Beach Bio Park to
the Virginia Beach d,..,' oy'• �
Development Authority ‘-c.'-
VBDA _ Q �`'°--
� )•
VABEACHBI02)
NEXT STEPS
Upcoming Dates
• April 18—Virginia Beach Development Authority (VBDA)will accept
transfer of land pending Council approval
Future Activity
• VBDA will complete a survey of the property
• A rezoning application will be filed
• Requires Planning Commission & City Council approval
• Planning/Economic Development will finalize design guidelines for the
Bio Park
• Requires Planning Commission & City Council approval
April 5, 2016
27
CITY MANAGER'S BRIEFINGS
BIOMEDICAL INITIATIVE UPDATE
ITEM#65789
(Continued)
VABEACH
Questions?
Biomedical Initiative Update
Virginia Beach City Council I;,_,,r'i `; ,,}'E�
a W '
Mayor Sessoms thanked Mr. Harris and the entire Department for all of their hard work.
April 5, 2016
28
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
HOUSING and NEIGHBORHOOD PRESERVATION
ITEM#65790
3:46 P.M.
Mayor Sessoms welcomed Andrew Friedman, Director - Housing and Neighborhood Preservation. Mr.
Friedman expressed his appreciation to City Council for their continued support:
(,,,,,Qi*,nipPt ,a'`
r
Housing & Neighborhood
Preservation
Budget Workshop April 05, 2016
Andrew Friedman, Director
Below is the Department's proposed FY2016-2017Operating Budget:
Operating Budget
ded r s Amended to FY ii
Admin&
Neighborhood $782,310 6.03 $798,934 5.02 $16,624 2.12%
Preservation
Code $2,535,927 29.22 $2,493,052 28.22 $(42,875) (1.69%)
Enforcement
Dev./Rehab
Affordable $1,362,545 1.81 $1,316,459 1.81 $(46,086) (3.38%)
Housing
Affordable $21,775,888 18.79 $22,307,153 18.84 $531,265 2.44%
Rental Housing
Homeless
Programs $1,221,901 5.15 $1,253,247 7.11 31,346 2.57%
Total $27,678,571 61 $28,168,845 61 $490,274 1.77%
April 5, 2016
29
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
HOUSING and NEIGHBORHOOD PRESERVATION
ITEM#65790
(Continued)
The majority of the Department's expenditures are related to Programs:
FY 2016-17 Budget
Gene F d, /Miscellaneous
2,968,]16 30% 8evenue,
182800 ,°,o Revenue b
Category
OBG/HOME/ '
ESG/HOPWA/
`-, x COC Funds,
4,191,3]6,15%
Section 8
Funds,
20,805,953, Personnel,
70% opt4,809,112,
v%
729,
Budget by Expense
Category
Programs, `
22 629,904,
80°%
Below are the Department's Significant Issues that are also three (3) of the City Council priorities:
Significant Issues
We are addressing three Council priorities:
Housing Resource Center
Aging Housing Stock Study
Homeless Strategy
1,41
April 5, 2016
30
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
HOUSING and NEIGHBORHOOD PRESERVATION
ITEM#65790
(Continued)
Below is the project update for the Housing Resource Center:
Housing Resource Center
Project Update:
• 100%plans complete
Preparing to put construction documents out for bids
• Expect to break ground in early summer
Construction—18 months
• Opening—early 2018
Operational Preparations:
We envision three city staff to manage overall activities:
• One vacant FTE will be held open and hired in January,2017
Added one FTE starting January 1,2017
One current FTE will also be assigned there,consistent with current
duties
Housing Resource Center(cont.)
Most services at the HRC will be provided by contracted
non-profits or for-profits.The three staff positions will
supervise all aspects of the operation:
Homeless Services—all aspects of the intake,
assessment,sheltering and apartments
Volunteer and faith community activities
Facilities management
These staff will develop or assist in the development of
requirements for vendors during 2016 and early 2017 with
RFP's issued in early 2017
April 5, 2016
31
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
HOUSING and NEIGHBORHOOD PRESERVATION
ITEM#65790
(Continued)
Housing Resource Center(cont)
A-Office space and classrooms will be available by
reservation for all providers of services who can help
people in alignment with our goals
A-An office will be reserved for coordination of faith-
based efforts through the use of"Charity Tracker"
A-We will do in-depth coordination with Dept.of Human
Services programs in the building to serve participants
We will develop a robust set of health programs in
coordination with the Health Dept.
We will contract for employment and job readiness
services
Below is the project update for the Aging House Stock Study:
Aging Housing Stock Study
Being conducted by the Virginia Center for Housing Research at
Virginia Tech
Initial planning meetings this month
Includes community and stakeholder input opportunities
Will provide Council with updates and opportunities for
comment
Results and opportunities for addressing them will be
discussed in proposals in the FY 17-18 budget
April 5, 2016
32
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
HOUSING and NEIGHBORHOOD PRESERVATION
ITEM#65790
(Continued)
Below is the project update for the Homeless Strategy:
Homeless Strategy
Strategic Plan adopted by City Council in October,2013
Council approved creation of community Governing
Board in 2014
• Governing Board conducted a strategic planning session
in March
Will bring proposed plan updates to Council for
consideration in summer,2016
Efficient Service Delivery at
HNP
Annual statistics—Housing Choice Voucher Program
• 2,000 Housing Choice voucher households served
• with Finance Dept.we calculate and issue over 24,000
payments to landlords and utilities
payments of over$19 million
,-re-certify all households
inspect all housing units
Annual admin cost/household=$831
City admin cost/household=$130
City funds as%of total program=1%
April 5, 2016
33
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
HOUSING and NEIGHBORHOOD PRESERVATION
ITEM#65790
(Continued)
Efficient Service Delivery
Code Enforcement
19 Zone inspectors conduct almost every type of property or
housing condition inspection—building issues,property
maintenance,waste management,inoperable vehicle,and
commercial/recreational vehicle
This maximizes productivity because one inspector can
address all those issues and travel only within their own zone
Code Enforcement Statistics-
2015
18,874 unique properties inspected
4,956 Inoperable vehicles cited
18,039 property maintenance violations cited
9,555 building maintenance violations cited
2,360 Waste management violations cited
x
April 5, 2016
34
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ECONOMIC VITALITY
HOUSING and NEIGHBORHOOD PRESERVATION
ITEM#65790
(Continued)
•
Two outstanding issues
Although much of the Federal funding in our budget is based
on our actual allocations,the housing choice voucher funding
was not known at the time the budget was finalized and
therefore it will need to be adjusted to the actual Federal
allocation.
We have two pending grant awards that will need to be
appropriated if they are received.
X33
Thank you!
• Your questions and comments
Andrew Friedman
x5752
cam?
Mayor Sessoms thanked Mr. Friedman and the entire Department for all of their hard work.
Mayor Sessoms advised City Council would take a quick break.
April 5, 2016
35
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
COMMONWEALTH'S ATTORNEY
ITEM#65791
4:03 P.M.
Mayor Sessoms recalled the City Manager's Briefings to order.
Mayor Sessoms welcomed Colin Stolle, Commonwealth's Attorney. Mr. Stolle expressed his appreciation
to City Council for their continued support:
;H,; ,
<l
�
� sgr,
)
Office of the
Commonwealth's Attorney
Budget Workshop April 5, 2016
Colin Stolle, Commonwealth's Attorney
Below is the Department's proposed FY2016-2017 Operating Budget:
Office of the Commonwealth's Attorney Operating Budget
FY 15-16 FY 15-16 FY 16-17 FY 16-17 Change FY 16 Amended
Amended FIE Proposed FTE to FY 17 Proposed
Judicial $7,996,576 80.93 $8,124,911 84.93 $128,335.00 1.60%
Victim-Witness $337,968 6.5 $338,517 6.5 $549 .16%
Grant
DEA seized
IINS244 4 aNIK 0 4 ;;4 4N
Property
Total $8,734,544 87.43 $8,863,428 91.43 $128,884 1.45%
Total without $8,334,544 87.43 $8,463,428 91.43 $128,884 1.45%
DEA
April 5, 2016
36
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
COMMONWEALTH'S ATTORNEY
ITEM#65791
(Continued)
The majority of the Department's expenditures are related to personnel:
FY 2016-17 Budget .
Budget by Funding Source
Saco,
5%
■General Fund Pay-Go •DEA Seized Property Fund Balance $786,760
■State DOS Grant ■Stafe Compensatlo 8 d
Budget by Expense Category -' '%
Personnel ■Operations '
Below are the Department's significant issues. The biggest issue is the upcoming implementation of the
VBPD Body Camera Program:
Office of the Commonwealth's Attorney
Significant Issues
> Upcoming implementation of VBPD Body Camera Program
> Increased workload on attorneys who are all ethically bound to watch every video taken that involves
a case we are handling
> Increased workload of support staff who will have to redact sensitive information from videos before
releasing them
> Increased workload of support staff who will have to prepare videos for defense attorneys and for
court presentation
> Ancillary increases in workload such as FOIA requests and IT related support
> Handled over 19,460 criminal charges last fiscal year
> Due to the increase in the use of forensic science and technology,cases are becoming more complex,
requiring more time for advanced case preparation.
X. Due to ever-changing case law,attorneys are spending more time reading and researching to be
thoroughly prepared for court.
D The office prosecuted last year:
> Over 3,390 felony property crimes
> Over 1,560 various violent crimes
> Over 1,680 various felony drug offenses
> Over 60 felony DUI offenses
April 5, 2016
37
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
COMMONWEALTH'S ATTORNEY
ITEM#65791
(Continued)
The Commonwealth's Attorney continues to prosecute domestic violence, DUI and criminal misdemeanor
of appeals:
Office of the Commonwealth's Attorney
Significant Issues (continued)
D Although not statutorily required the office prosecuted last year:
D Over 1,630 domestic violence charges
D Over 1,790 misdemeanor DUI related charges
D Over 1,890 criminal city misdemeanor appeals(of which over 120 were DUI related)
D During the week of March 14-18,the Commonwealth's Attorney's Office
handled:
D 395 felony cases in Circuit Court
D 38 bond hearings;5 bond appeal hearings;4 detention hearings
D 113 determination of counsel hearings
D 63 sentencing hearings
D 59 preliminary hearings
2 86 revocation hearings
D 196 individual indictments(301 charges)from March 2016 Grand Jury
s
Below are a few of the Department's Trends and Highlights:
Office of the Commonwealth's Attorney
Trends&Highlights
➢ Our office participates in approximately 150 community partnership
events every year;expanded VA Rules to two schools; worked with
the VBPD and VBSchools on a school safety/smart social media use
PSA;and are currently working to produce our own PSA on internet
safety with the help of the City's Multi-media Services team.
➢ In conjunction with the General District Court and many city
departments,we have expedited services and treatment for
defendants in need of mental health services,making the process
more efficient for those with mental health needs.
➢ We have been working with Comlt to secure a Case Management
System which is more efficient and robust than the system we
utilize today.Our current system has created multiple challenges to
our staff and to management creating hurdles in our day-to-day
performance.
April 5, 2016
38
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
COMMONWEALTH'S ATTORNEY
ITEM#65791
(Continued)
Conclusions
The proposed city budget for the Commonwealth's
Attorney's Office will enable the City of Virginia Beach to
continue to have:
>Higher than the national average conviction rates,
➢A continued decrease in crime rates(in part due to successful prosecution),
>The ability to keep pace with advanced legal practices and technology,
>More prosecutorial assistance in complicated misdemeanor cases,
>Continued community outreach to the citizens of Virginia Beach,providing
them with useful tools and knowledge to protect themselves from crime,
Ensuring a safe community for citizens and tourists. ,
Mayor Sessoms expressed his appreciation to Mr. Stolle and his entire Stafffor a job well done.
April 5, 2016
39
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
SHERIFF
ITEM#65792
4:09 P.M.
Mayor Sessoms welcomed Ken Stolle, Sheriff. Sheriff Stolle expressed his appreciation to City Council
for their continued support:
A
0ERIpp
cJYoa
SO=
u
to 4
Virginia Beach Sheriff's Office
Budget Workshop April 5, 2016
Ken Stolle
Sheriff/High Constable
Sheriff Stolle provided the Department's proposed FY2016-2017 Operating Budget Expenditures:
Sheriff's Office Operating Expenditures ;04"
FY 15-16 FY 15- FY 16-17 FY 16- Change FY 16
Program Unit Amended to FY 17
Amended 16 FTE Proposed 17 FTE
Proposed
Admin $2,362,740 23.06 $3,371,920 35.49 $1,009,180 42.7%
Court Support 3,554,798 62.04 4,561,360 75.64 1,006,562 28.3%
Corrections 31,902,043 358.3 29,302,928 297.89 (2,599,115) (8.1%)
Care Mart 425,342 9.09 454,981 8.67 29,639 7.0%
Booking 2,200,085 37.0 2,984,176 44.0 784,091 35.6%
Work Force 864,175 10.0 833,516 10.0 (30,659) (3.5%)
Inmate Support 930,649 13.95 2,350,850 42.05 1,420,201 152.6%
LETA 154,498 1.0 1,255,073 13.7 1,100,575 712.4%
Reserves 1.083.514 1M Q NA (1,083.514) (100%)
Total $43,477,844 514.44 $45,114,804 527.44 $1,636,960 3.8%
April 5, 2016
40
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
SHERIFF
ITEM#65792
(Continued)
The majority of the Department's expenditures are related to personnel:
• Sheriff's Office FY 2016-17 Budget
•
$160,000
0%
$4,533,608 411
10%
Revenue by Category or by Fund
$17,950,000
40 0 $22,471,196
• 50%
$54,000 0%
$10,165,446
•City ■State Federal Id Fees 235.
Budget by Expense Category $34,895,358
77%
r Personnel is Operations Capital ;
Below are the Department's Significant Issues. The Sheriff's Office has spent over $600,000 in
retirement payouts to date that are not included in the Budget:
Sheriff's Office Significant Issues '.
❑Accrued leave balance at end of FY15 was$3.73M
• Increased OT budget in FY17 to account for holiday pay
• Retirement Payouts
❑Medical costs above the cap($201(per inmate)on contract
• Hospitalizations will incur an additional$700K in FY16
❑Training budget insufficient to properly train sworn staff
❑ Discussions to enter into MOU's with the following depts:
• Human Resources
• Mgmt Services
• ComIT MOU completed
April 5, 2016
41
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
SHERIFF
ITEM#65792
(Continued)
vat
4 Moving Forward
❑Top priority is identifying the funding formula for future
years using the Code of Virginia as a baseline
❑Requested but not funded
❑ Visitation
❑ Renovations to aging infrastructure
❑Questions
Mayor Sessoms expressed his appreciation to Sheriff Stolle and his entire Staff for a job well done.
April 5, 2016
42
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
COURTS and COURT SUPPORT
ITEM#65793
4:20 P.M.
City Manager Hansen advised there would be no Briefing. If the City Council has any questions,please
submit them to Catheryn Whitesell and she will respond.
April 5, 2016
43
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
CLERK of the CIRCUIT COURT
ITEM#65794
4:20 P.M.
City Manager Hansen advised there would be no Briefing. If the City Council has any questions,please
submit them to Catheryn Whitesell and she will respond.
April 5, 2016
44
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
EMERGENCY COMMUNICATIONS and CITIZEN SERVICES
ITEM#65795
4:21 P.M.
Mayor Sessoms welcomed Stephen C. Williams, Director - Emergency Communications and Citizen
Services. Mr. Williams expressed his appreciation to City Council for their continued support:
l
‘‘,..,...,„)
( ,i
Emergency Communications
& Citizen Services
Budget Workshop April 5, 2016
Stephen C.Williams
ECCS Director
Below is the Department's proposed FY2016-2017 Operating Budget:
Emergency Communications&Citizen
Services Operating Budget
Program Unit FY 15-16 FY 15- FY 16-17 FY 16- Change FY 16
Amended 16 FTE Proposed 17 FTE Amended to FY 17
Proposed
Director's Office $231,880 1.75 $ 220,691 1.75 $ (11,189) (4.83%)
Administration 390,176 4.0 411,008 4.0 20,832 5.34%
Training 48,868 NA 48,868 NA 0 0.0%
Emergency 8,524,396 108.0 8,431,926 107.0 (92,470) (1.1%)
Communications
Citizen Services 805,644 14.0 745,087 14.0 (60,557) (7.52%)
Technology&
644,297 4.0 595,732 4.0 (48,565) (7.54%)
Support
ECCS Grants 2,000 0.0 2,000 0.0 0 0.0%
Total $10,647,261 131.75 $10,455,312 130.75 $(191,949) (1.8%)
April 5, 2016
45
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
EMERGENCY COMMUNICATIONS and CITIZEN SERVICES
ITEM#65795
(Continued)
The majority of the Department's expenditures are related to personnel:
FY 2016-17 Budget
$141,396,
1.4%
41=111
$1,737,000,
16.6%
Revenue by Category
$1,602,128
$8,576,916, 15.
82.0%
■General Fund SUPPort a State Wireless&Grant _.•, .,g
3S
■Transfers from Other Funds �$ Swts
Budget by Expense Category
-Personnel ■0perations
Below are the Department's Significant Issues:
ECCS Significant Issues
➢ Funding
S. Potential decrease of approximately$500,000 from State Wireless funds for FY18.
S. This funding change would be effective for 5 years until the next funding
recalculation.
➢ Hiring&Retention
Y Recruitment and retention of VB9-1-1 employees
➢ Reduced time from application to hire to fully released
➢ Implemented new training procedures in October,2015
Y Goal for 20 new hires in CY2016
➢
VB911 Operations
➢ Non-emergency calls increased by 39,542 calls to 345,783 in FY15
➢ Emergency 9-1-1 calls decreased overall by 7,832 calls in FY15(including a
decrease of 13,133 wireless 9-1-1 calls and an increase of 5,301 wireline 911)
➢
VB311 Operations
S. Changing hours from 7:00 AM—11:30 PM(Monday—Sunday)to 7:00 AM—7:00
PM(Monday—Friday)
30 Open during weather related and other emergency situations as needed
April 5, 2016
46
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
EMERGENCY COMMUNICATIONS and CITIZEN SERVICES
ITEM#65795
(Continued)
Conclusions
➢ECCS still facing staffing challenges and anticipates
hiring 20 additional call takers in CY2016.
>FY17/18 budget will be challenging if state cuts
$500,000 from wireless funding.
➢Implementation of Integrated Public Safety System
(IPS)will enhance capabilities of ECCS and our
public safety partners.
Mayor Sessoms expressed his appreciation to Mr. Williams and his entire Stafffor a job well done.
April 5, 2016
47
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
EMERGENCY MEDICAL SERVICES
ITEM#65796
4:39 P.M.
Mayor Sessoms welcomed Edward M Brazle, Interim Chief-Emergency Medical Services. Chief Brazle
expressed his appreciation to City Council for their continued support:
H�
Emergency Medical
Services
Budget Workshop April 5,2016
Interim EMS Chief Edward M. Brazle
IA BEACH*EMS
Below is the Department's proposed FY2016-2017 Operating Budget:
Emergency Medical Services Operating Budget
Program Unit FY 15-16 FY 15- FY 16-17 FY 16- Change FY 15
Amended 16 FTE Proposed 17 FTE Amended to FY 16
Proposed
Admin $739,911 7.5 $823,373 8.5 $83,462 11.28%
Operations/Training $7,073,272 55.5 $7,437,289 55.5 $364,017 5.15%
Regulation $1,961,056 12.05 $2,063,869 12.05 $102,813 5.24%
/lifeguard services
State Grants $375,000 0.0 $375,000 0.0 0 0%
Toru/ $10,149,239 75.05 $10,699,531 76.05 $550,292 5.42%
April 5, 2016
48
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
EMERGENCY MEDICAL SERVICES
ITEM#65796
(Continued)
The majority of the Department's expenditures are related to personnel:
FY 2016-17 Budget
$375,000,
3.5%
411111111
Budget by Fund
$10,324,531
96.5%
•General Fund
5,000
Grants Consolidated Fund-State Four for Life Grant5%
$1,509,993
Budget by Expense Category
fA BEACB*EMS EMS/ERS Personnel •EMS/ERS Ops
Resort Lifeguard Contract •Grants '
94%of ambulance staffing is by Volunteers:
Ambulance Staffing
2007 2010 2015
9 or more 80% 87% 100%
10 or more 48% 66% 95%
11 or more 20% 40% 78%
12 or more 10% 52% 56%
13 or more 3% 9% 28%
Avenge 10 10 12
Staffed by volunteers 85% 89% 94%
Goal of 1 ambulance for every 3,000 calls(14 ambulances)
Calls for Service
2007 --2015
37,771 41,653
ABEACH*EMS ;
April 5, 2016
49
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
EMERGENCY MEDICAL SERVICES
ITEM#65796
(Continued)
Below is a breakdown of the Volunteer personnel:
Volunteer Personnel
• Staffing Ambulances: 422
—Equivalent to 87 FTEs
• Performing Other Duties:
—Enrolled in Training: 130
—Special Operations:48
—Administrative and Support: 152
—Leave/Inactive Status: 72
gBEACH*EMS
Below are the Department's Significant Issues:
Significant Issues
• Volunteer staffing remains strong, but seeing a
downward trend
—Adopting aggressive and creative approaches to
ensure long-term success of our volunteer rescue
squad system
• Call volume and complexity of calls are increasing
—Adopting creative staffing models to more effectively
meet demands
BEACH*EMS
April 5, 2016
52
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
FIRE
ITEM#65797
(Continued)
The majority of the Department's expenditures are related to personnel:
FY 2016-17 Budget
53403,0i3\
2.3%
Budget by Fund
550,861,340
97.5%
■$6.966.916 r w$665,427
335% / 1.396
■General Fund ■Fire Programs
Budget by Expense Category $43,042,424
4 05.240
•Personnel ■Operations u Reserves and Transfers
Below are the Department's Significant Issues:
Fire Significant Issues
➢ Auto Aid
➢ Continue Evaluation
' Expand to Include Ladder Companies
➢ CAD to CAD Interface
> Continued Auto Aid with Military
> Burton Station Fire and EMS Facility
➢ Engine and Ladder
• Battalion 5
• 2015 SAFER Grant
> Four Person Staffing
2
11= 11311
a
April 5, 2016
53
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
FIRE
ITEM#65797
(Continued)
Fire Significant Issues
- `` ➢ Technology
. IPS
➢ GIS
{{{ ➢ Radios
➢ Computers
a ➢ Network
Emergency Management
➢ Emergency Operations Center
• WebEOC/GIS Integration
• Emergency Management ,
Exercise Program
The Department's total calls increased 19%:
Fire Significant Issues
➢ Special Events
➢ Continued Increase in Call Volume
➢ Renovation of Fire Training Center r `
➢ Relocation of Resource Management _ -
.
➢ Firefighter Health and Safety
rt ➢ Physical Fitness
t F > Cancer Prevention
➢ Mental Health
April 5, 2016
54
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
FIRE
ITEM#65797
(Continued)
Conclusions
>Acknowledgement of Ongoing Priorities
>Four-Person Staffing
>Departmental Restructure
➢Compression
>Future Growth Needs
>North End
>Dam Neck/Salem
>West Neck
>Appreciation for Council Funding
Mayor Sessoms expressed his appreciation to Chief Cover and the entire Fire Department for a job well
done.
April 5, 2016
55
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
POLICE
ITEM#65798
5:03 P.M.
Mayor Sessoms welcomed James A. Cervera, Chief-Police. Chief Cervera expressed his appreciation to
City Council for their continued support:
Police Department
Budget Workshop April 5, 2016
Chief James A. Cervera
Below is the Department's proposed FY2016-2017 Operating Budget:
Police Department Operating Budget
Program Unit FY 15-16 FY 15- FY 16-17 FY 16-17 Change FY 16
Amended 16 FTE Proposed FTE Amended to FY 17
Proposed
Director's Office $2,048,696 16.8 $2,203,554 20.8 $154,858 7.6%
False Alarms 70,634 1.75 77,956 1.75 7,322 10.4%
Professional
Development 4,494,003 32.72 4,667,095 33.72 173,092 3.9%
and Training
Crime 862,211 8.0 837,997 8.0 (24,214) -2.8%
Prevention
Support 5,171,630 61.0 5,119,744 61.0 (51,886) -1.0%
2
April 5, 2016
56
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
POLICE
ITEM#65798
(Continued)
Police Department Operating Budget
Program Unit FY 15-16 FY 15- FY 16-17 FY 16-17 Change FY 16
Amended 16 FTE Proposed FTE Amended to FY 17
Proposed
Canine 1,809,548 16.0 1,838,064 16.0 28,516 1.6%
Helicopter 1,360,504 8.0 1,010,390 8.0 (350,114) -25.7%
Uniform Patrol 53,707,102 571.63 54,835,644 584.63 1,128,542 2.1%
Red Light 1,183,901 2.4 1,186,838 2.4 2,937 0.2%
Camera
Mounted Patrol 1,613,040 16.0 1,253,293 12.0 (359,747) -22.3%
Police Department Operating Budget
Program Unit FY 15-16 FY 15- FY 16-17 FY 16-17 Change FY 16
Amended 16 FTE Proposed FTE Amended to FY 17
Proposed
Marine Patrol 1,115,482 10.46 1,074,940 10.46 (40,542) -3.6%
School
Resource 2,574,559 30.0 2,487,637 30.0 (86,922) -3.4%
Officers
Detective 13,383,954 143.0 13,276,580 142.0 (107,374) -0.8%
Bureau
Special 5,061,641 52.0 4,927,588 52.0 (134,053) -2.6%
Investigations
Commercial 424,051 0.0 387,795 0.0 (36,256) -8.5%
Extraditions
April 5, 2016
57
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
POLICE
ITEM#65798
(Continued)
Police Department Operating Budget
Program FY 15-16 FY 15-16 FY 16-17 FY 16-17 Change FY 16
Unit Amended FTE Proposed FTE Amended to FY 17
Proposed
Animal 3,667,583 46.0 3,614,981 46.0
Control (52,602) -1.4%
DEA—Body 0 0 260,205 0 260,205 100.0%
Cameras
Total $98,548,539 1,015.76 $99,060,301 1,02&76 $511,762 0.5%
,
The majority of the Department's expenditures are related to personnel:
FY 2016-17 Budget
$4,069,455
4.1%
Budget by Revenue Source
$15,921793
,
M16.1% 0.7%$713,375
■General Fund Department aevenue * '
Budget by Expense Category E .t 7,"
kt.
Personnel ■Operations Capital
April 5, 2016
58
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
POLICE
ITEM#65798
(Continued)
Below is the Department's Strategic Budget Plan:
Police Department
Strategic Budget Plan
D Request 5-Year Phase-In of New Sworn Positions(year
one cost shown per program)
D Neighborhood Resources—17 sworn($1.8 million)
D Central Business District—15 sworn($1.6 million)
D Oceanfront Resources—26 sworn($2.7 million)
D Total 58 Sworn over 5 years
Below are the Department's Significant Issues:
Police Department Significant Issues
Addressed in Budget Proposal
• 1 additional Sergeant and 9 additional Officers for Uniform
Patrol as part of the department's Strategic Budget Plan-
$1,074,299
D Transfer 4 of 14 current sworn positions from Mounted to
Uniform Patrol as part of the Strategic Budget Plan providing
a total of 14 additional positions to Uniform Patrol
D 1 additional Sergeant and 2 additional Civilian positions for
Body Camera Program-$146,052
D Increase in Pawn Shop license fees to pay for LEADS-Online
subscription.
April 5, 2016
59
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
POLICE
ITEM#65798
(Continued)
Below is an update to the upcoming Body Cameras project:
Body Cameras
➢ Currently reviewing best practices for body worn
cameras and developing a Request for Proposal
➢ 110 body worn cameras funded in FY 16-17 as the first
year of a four-year phase-in.
➢ One sergeant and two civilian positions funded
beginning in January 2017 to initially manage the
program.
Below is the Department's Significant Issues:
Police Department Significant Issues
Turnover
➢ Increase in overall sworn turnover—from 5.5%in FY 10-
11 to 9.6%in FY 14-15;8.4%through March 2016 in FY
15-16.
➢ Increases in service retirements,academy resignations,
and probationary resignations.
➢ Particular concern regarding trend of officers with five or
less years resigning for other criminal justice positions or
other careers.
April 5, 2016
60
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
POLICE
ITEM#65798
(Continued)
Below is an overview of the sworn personnel leaving with five(5)or less years of service:
Virginia Beach Police Department
Sworn Personnel Leaving with Five or Less Years of Service
Excluding Police Academy and Probationary Terminations
Grand Total
FY 10111 through March 16,2016
Reason Percent
Retirement-Job Related Disability 1 1.9%
Resignation,Other Criminal Justice Employment 25 47.2%
Resignation,Other Employment-Not Criminal Justice 11 20.8%
Resignation,Other City of VB Employment 0 0.0%
Resignation,Employment Unknown 16 30.2%
Total 53 100%
Workforce Development
Goals/Needs
• Long-term career development program
• Redefine the MPO career progression process to address employee
retention within the 1-5 year time frame
• Enhance opportunities for training and assignments
• Develop a rotation schedule for supervisors
• Help supervisors understand the importance of meeting with
subordinates and collaborating on work matters
• Develop a more robust mentoring program
• Allow officers to better select their own career path through job
shadowing and mentoring
April 5, 2016
61
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
POLICE
ITEM#65798
(Continued)
Below is the Department's Significant Issues Not Funded:
Police Department Significant Issues Not Funded
VCIN/NCIC/Warrant Compliance
➢Federal and State mandated requirements for entry,validation,
and auditing of warrants, protective orders,missing persons,
and stolen vehicles.
➢62%increase in protective orders entered into the records
management system from 2011 (3,005)to 2015(4,879).
66%increase in warrant transactions from 2014 to 2015 in
VCIN partially due to new State Police regulations requiring all
eligible misdemeanor warrants to be entered into VCIN
(estimated 3,000 additional per year).
13
VCIN/NCIC/Warrant Compliance
➢All VCIN entries must be validated at least once per year to
ensure accuracy and that they are active.
➢Ensure accuracy for officer safety and civil/criminal liability.
➢ 17%turnover of VCIN/Warrant positions the last 2 fiscal years
due to pay and workload issues.Triple previous 8 years.
Overtime and contractual personnel have been used as
available. Slightly more than$41,000 in overtime/contractual
funds have been spent in the last six months to address
workload issues.
April 5, 2016
62
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
POLICE
ITEM#65798
(Continued)
Police Department Significant Issues Not Funded
Freedom of Information Requests
D Request 1 civilian position($56,136 with benefits)
D Requests have increased from 698 in 2006 to 1,789
in 2015(+156%)
D Additional 37%growth in 2016 through March due to
crash reports now being treated as FOIA requests
D Virginia Beach has 1 full-time sergeant, 1 full time
civilian, supplemented by other PSO investigators as
time permits
D Chesapeake, Norfolk,and Portsmouth PDs each
have more staffing to address FOIA requests
Vertical Salary Compression
D City committed funding to address horizontal salary
compression beginning in FY 14-15 and for two
additional years
D Vertical compression is an issue cited by supervisory
personnel
➢26 of the last 34 sergeants promoted since June 2013
are paid an average of$9,235 less in base salary per
year than 121 most senior MPOs, and$6,278 less than
215 most senior MPOs(54%of all 400 current MPOs)
April 5, 2016
63
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
SAFE COMMUNITY
POLICE
ITEM#65798
(Continued)
Questions?
Mayor Sessoms expressed his appreciation to Chief Cervera and the entire Police Department for a job
well done.
April 5, 2016
64
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
MEMORANDUM OF UNDERSTANDING(MOU) and
COMMONWEALTH TRANSPORTATION BOARD
RESOLUTION REQUIREMENTS
ITEM#65799
5:23 P.M.
City Manager Hansen advised this presentation does not need to be briefed as it is simply responses to
questions from the City Council and various members of the public. Essentially, a summary of the
Agenda Items 3a/b/c/d/e. A copy of the presentation is attached and made a part of this record.
April 5, 2016
O
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65
CITY COUNCIL
LIAISON REPORTS
ITEM#65800
5:23 P.M.
Mayor Sessoms requested City Council Defer any Liaison due to time constraints. Hearing no objection,
the Mayor expressed his appreciation to City Council.
April 5, 2016
II I
66
CITY COUNCIL
COMMENTS
ITEM#65801
5:23 P.M.
Mayor Sessoms requested City Council Defer any comments due to time constraints. Hearing no
objection, the Mayor expressed his appreciation to City Council.
April 5, 2016
67
AGENDA REVIEW SESSION
ITEM#65802
5:24 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
I. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND an Ordinance re selection of the Chair of the Community
Organization Grant Review and Allocation Committee (COG)
2. Ordinances to AMEND the City Code:
a. Section 25-3 re charitable organizations and second hand dealers
b. Section 15-5 re hotel registries
c. Section 5-501 re time restriction for tethering dogs
3. Ordinance to AUTHORIZE the City Manager to:
a. EXECUTE a MOU re the proposed Light Rail project among the City, the
Transportation District Commission of Hampton Roads (HRT)and the
Department of Rail and Public Transportation (DRPT)
b. HRT to SUBMIT an application to DPRT for funding and the procurement
of Light Rail vehicles
c. EXECUTE a binding Agreement between the City and DRPT regarding the
provision of City funds for the procurement of Light Rail vehicles
d. ISSUE a notice to proceed or direct HRT to issue a notice to proceed for the
purchase of Light Rail vehicles to all revenue operation to commence
December 2019
e. COMMENCE a procurement process that includes a request for proposals for a
design-build contract by December 31, 2016
4. Resolution to REDIRECT revenues within the Multi-Modal Fund to enhance the City's
roadways system (Requested by Councilman John Moss)
5. Ordinance to DECLARE up to 155 acres of City property located in Princess Anne
Commons to be in EXCESS of the City's needs; and,AUTHORIZE transfer of the
property to the City of Virginia Beach Development Authority for a proposed
BIOMEDICAL PARK
6. Ordinance re the 2016 Housing Choice Voucher annual Agency Plan, including a revised
Administrative Plan and to AUTHORIZE the City Manager to EXECUTE and SUBMIT
the Plan to the U.S. Department of Housing and Urban Development(HUD)
7. Resolution to APPOINT Gregory D. Surber to the position of Assistant City Attorney
8. Resolution to RENAME the City building at 409 Birdneck Circle from "Recovery Center"
to "Pathways Center at Birdneck"
April 5, 2016
68
AGENDA REVIEW SESSION
ITEM#65802
(Continued)
9. Ordinances to ACCEPT and APPROPRIATE:
a. $20,000 from the Virginia Department of Emergency Management re
training equipment for the HazMat Team AND a local grant match from the
Fire Department's FY 2015-16 Operating Budget
b. $41,066 from the Virginia Department of Criminal Justice Services for the
Virginia Beach Victim Witness program in the Office of the
Commonwealth's Attorney
c. $440 from the Fire Department Gift Fund to the Fire Department re
purchase of grills for Fire Stations 5 and 16
ITEM#3a/b/c/d/e WILL BE CONSIDERED SPEARATELY
ITEM#4 WILL BE CONSIDERED SEPARATELY
April 5, 2016
69
AGENDA REVIEW SESSION
ITEM#65802
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. ASHDON BUILDERS,INC. &ESTATE OF BERTHA H. CAFFEE/ESTATE OF
BERTHA H. CAFFEE, THOMAS CLAY CAFFEE,JACKIE WELTON DAVIS,MARY
MELISSA CAFFEE-PEACOCK,JAMES M. SMITH,SR. (Owner): Change of Zoning
(AG-2 to R-10) Comprehensive Plan:Suburban Area re density Variance to Subdivision
Section 4.4(b):Floodplain—Princess Anne Road and Fenwick Way Conditional Change
of Zoning(AG-1 &AG-2 to R-10) Comprehensive Plan:Suburban Area re density
Subdivision Variance to Section 4.4(b) re Regulations at Princess Anne Road and
Fenwick Way DISTRICT 7-PRINCESS ANNE
2. TASTE UNLIMITED,LLCfor a Conditional Use Permit re outdoor recreation and a
Modification of Proffers to allow parking at 4097 Shore Drive (approved by City Council
July 2, 2013)DISTRICT 4—BAYSIDE
3. THE TRUSTEES OF NEW LIFE PRESBYTERIAN CHURCH for a Modification of
Conditions to a Conditional Use Permit re religious use at 3312 Dam Neck Road
(approved by City Council December 10, 1984)DISTRICT 3—ROSE HALL
4. TAYLOR FARMS LAND COMPANY,LLCfor a Modification of Conditions to a
Conditional Use Permit re a borrow pit at 2297 Harpers Road(approved by City Council
March 22, 2011)DISTRICT 6—BEACH
5. NADER C. VASDIKI HOLLAND PLAZA SHOPPING CENTER,LLC for a
Conditional Use Permit re indoor recreation at 4318 Holland Plaza Shopping Center
DISTRICT 3—ROSE HALL
6. AUTO AND EXPORT,INC. J& JSHIKELLAMY,LLCfor a Conditional Use Permits
re auto repair and bulk storage at 569 Central Drive DISTRICT 6—BEACH
7. SUE DAVIS, TRUSTEE OF THE FRANKLIN L. COX IRREVOCABLE TRUST for a
Change of Zoning from I-I Industrial District to B-1A Limited Community Business
District at 5775 Princess Anne Road DISTRICT 2—KEMPSVILLE
ITEM#1 WILL BE DEFERRED TO APRIL 19, 2016
COUNCILMAN DAVENPORT ABSTAINED ON ITEM#1
April 5, 2016
70
ITEM#65803
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:
LEGAL MATTERS: Consultation with legal counsel employed or
retained by a public body regarding specific legal matters requiring the
provision of legal advice by such counsel pursuant to Section 2.2-
3711(A)(7).
Amanda Deanne Smith v. Officer Robert R. Ray, et al.
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
April 5, 2016
71
ITEM#65803
(Continued)
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council voted to proceed into
CLOSED SESSION at 5:28 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 5:28 P.M. - 5:50 P.M.)
(Working Dinner 5:28 P.M - 5:30 P.M.)
April 5, 2016
72
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
April 5, 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, April 5, 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 Joel Solomon, Pastor
New Life at Providence
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.
April 5, 2016
73
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 identin,ing any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record.
Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes
Goodman and receives income from the firm as a result of her late husband's employment. The income is
proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an
employee of Dixon Hughes Goodman, does not have any role in management of the company and does is
not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of
transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of
which she has no personal knowledge. In that regard, she is always concerned about the appearance of
impropriety that might arise if she unknowingly participates in a matter before City Council in which
Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit
of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly
review each City Council agenda to identify any matters in which she might have an actual or potential
conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal
interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure
letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's
letter of June 2, 2015, is hereby made a part of the record.
Mayor Sessoms welcomed Boy Scout Troop 141
Charity United Methodist Church
April 5, 2016
II
74
Item—VI-E
CERTIFICATION
ITEM#65804
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
April 5, 2016
gG1N1,.B C
p4 t
f n i,.,Z
n,
OF OU;;,,,,OP
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#65803 Page 71 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies
that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
•th Hodges Fraser,MMC
City Clerk April 5, 2016
75
Item -VI-F
MINUTES ITEM#65805
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS March 15, 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
April 5, 2016
76
ADOPT AGENDA
FOR FORMAL SESSION ITEM#65806
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
April 5, 2016
77
Item- VI-H.1
PUBLIC HEARING
ITEM#65807
Mayor Sessoms DECLARED A PUBLIC HEARING:
LIGHT RAIL MOU,HRT and DRPT Authorization,Bid Proposals
The following individuals registered to speak:
Marc Thornton, 5920 Tajo Avenue, Phone: 513-8199, spoke in FAVOR. Mr. Thornton advised he is
representing the L & J Gardens Civic League and advised the Civic League supports the Light Rail
Extension. Securing maximum mobility and access to City services Light Rail and transit system as
envisioned will assure it is in the City's best interest. The goal is for the City to have a comprehensive
and modern transit infrastructure system. No one approach will alleviate the City's traffic congestion
issues; however, an improved roadways system and an increased and more convenient public
transportation will serve the needs of the growing population. An effective Light Rail system will
hopefully reduce the carbon footprint thru the reduction of traffic and resulting carbon emissions.
Tom Frantz spoke in FAVOR. Mr. Frantz expressed appreciation to City Council for the efforts to
diversify the economy and asked that all of those attending supporting Light Rail stand up and be
recognized. Mr. Frantz is a part of a group of business leaders that have met for the past five (5)years at
William and Mary Business School. The group include the leaders of the Richmond Management
Roundtable, Hampton Roads Business Roundtable, the Chambers of Commerce, the Planning District
Commission and a great deal of other leaders. The purpose of this is to focus on two (2) things at the
present time: how can we collaborate between the two regions better and diversify and strengthen the
economy and quality of life with it and connect the two regions better. In order to connect the two
regions better transportation must be around to and from us. The group has a Joint Legislative Agenda
that includes supporting the $350-Milloin funding for the port, deepening the channel of the port to 55
feet, widening 1-64 from the Chesapeake Bay Bridge Tunnel to 1-295, addition of another crossing,
improvements on 460 and more high speed rail trips from South Hampton Roads to Richmond and
beyond. The goal is to take the two regions and combining them into the 17`'` largest MSA in the Country
with 3-Million people, 23 universities, 11 community colleges and diverse and strong economy.
Mike Aschkenas, 2805 West Point Court, Phone: 463-6941, spoke in FAVOR. Mr. Aschkenas advised the
numbers regarding Light Rail is hard to relate to; however, he compares it to purchasing a car.
Glen Robertson, Hampton Roads Chamber of Commerce— Vice Chair for Governmental Affairs spoke in
FAVOR. Mr. Robertson advised the Chamber has long advocated in support of the business community it
represents extending the Light Rail into the City. The extension is a key step in development of a multi-
modal transit system for the City as well as the Region. The City's SGAs incorporates a working multi-
modal transit system. This is a key to continued development of the City as a vibrant City with
prosperous economy, employing citizens with well-paid jobs and maintaining the high quality of life
everyone enjoys. It is also key to attract the next generation of workers to the City. This City Council
and those that served before them did so with great vision
John Atkinson, Treasurer spoke in OPPOSITION. Mr. Atkinson advised last June he spent $1,800 to
purchase first Beacon Ad, he thought he was the only person that did not want Light Rail. And then
checks began pouring in to help support his efforts to oppose Light Rail and he discovered a lot of
citizens shared his view. He has headed the drive to force a Referendum onto the November 2016 ballot.
Mr. Atkinson feels buses have been and will continue to provide most current method of transportation.
The question in 2012 was confusing and was a lie. This is not like the recreation centers that offered
measurable benefits to Citizens. He advised four of City Council Members are up for re-election and
tonight is last chance to show you want to serve the Citizens and vote no for purchase of trains and the
MOU.
April 5, 2016
II
78
Item- VI-H.1
PUBLIC HEARING
ITEM#65807
(Continued)
Elaine Schulman, spoke in FAVOR. Ms. Schulman advised she is an east coast representative of a
fortune 500 company and when she and her family relocated to the City, they considered an area where
they could easily get to work. They settled in Town Center so they could be in a vibrant and dynamic
area and that was close to the freeways. Now years later they own two small businesses and are very
active participants in the area. Voting in support of a non-binding MOU and requires no commitment of
funds until after the results of the 2016 Referendum are known is the very definition of using all
reasonable efforts to support the financing and development into the Tide Light Rail into Virginia Beach.
Mark Slaughter spoke in SUPPORT. Mr. Slaughter advised he is an aging baby-boomer and he thinks
Light Rail is a key component of creating a multi-modal transit system. Mr. Slaughter has lived in the
City since 1977 and in 2008 he moved to a condominium in Town Center. His children grew up and
moved away and he wanted to down-size. Those opposed to Light Rail are the same ones that opposed
other successful projects. Light Rail is a turning-point for the City, much like the Lake Gaston water
project. He encourages City Council to continue leading the City to a vibrant and growing future.
Pat Washington spoke in SUPPORT. Ms. Washington advised she has resided in the City for the last
thirty (30) years. She feels Light Rail will contribute to the economy by creating jobs and open-up
opportunities for people to get to places never before able to go. This is also an opportunity to bridge the
gap between different ages and races.
Cathy Callahan spoke in SUPPORT Mrs. Callahan advised she is the retired Vice President of
Amerigroup and there has been a dramatic shift in how companies find talent. As young people graduate
from college,young people look for a good job and a good place to live. The City struggles to attract and
retain talent continues to be a problem and growing companies will not have any incentive to relocate to
the City. The City is at a crossroad and can foster job growth by supporting Light Rail.
Don Crigger spoke in SUPPORT Mr. Crigger is a life-long resident of the City and recently represented
ADP in relocating their company to the City. One of the first questions he was asked was where college
graduates are residing. The Region is one of best kept secrets in Country when the Regional assets are
combined. Diversification is essential to diversify the economy and Light Rail is a critical element.
Dr. Peter Shaw spoke in SUPPORT Dr. Shaw advised he is a Business Administration Professor at
Tidewater Community College. Light Rail is a serious investment in the City and Region's future
infrastructure critical to the next generation. The 100 top Statistical Metropolitan Areas (SMA)generate
75% of the National economy and Hampton Roads is among the top 100. Mass transit is essential in
continuing to grow the Region's economy.
Chris Stone spoke in SUPPORT Mr. Stone advised he is the Central Business District Association
President and represents the City Council endorse the MOU. He is optimistic about the City's future and
believes the City should stay the course in finding out the true costs of Light Rail. Profitability is not a
reliable or trustworthy index of the effectiveness of a transportation system. Unless the City continues to
promote and support sustain responsible growth, the City will die a slow death.
Lewis Hastie, 604 Pine Tree Drive, Phone: 340-6107, spoke in OPPOSITION. Mr. Hastie has lived in
the area for over sixty (60)years and likes the concept of Light Rail but not at such a high cost. Light
Rail has already costs too much and it should stop now.
April 5, 2016
79
Item - VI-H.1
PUBLIC HEARING
ITEM#65807
(Continued)
Tim McCarthy spoke in SUPPORT Mr. McCarthy advised she has been a resident of over 40 years. Mr.
McCarthy encourages the City to embrace the legacy of inclusion and not exclusion. Inclusion means
you make choices for all people. Mr. McCarthy requests City Council to sign the MOU and keep this
momentum moving forward. It is important to remember that 116,000 residents voted to support
Referendum in 2012.
Chrishawd Hawkins, 1584 Wesleyan Drive, spoke in SUPPORT. Mr. Hawkins Senior at Virginia
Wesleyan and grew up in Prince George County, Maryland. He relied on public transportation his entire
life and unfortunately, here in the City, he has to rely on friends as he does not own a car. Light Rail will
definitely make a difference in his daily life.
Diana Howard spoke in OPPOSITION. Ms. Howard is amazed that no one has mentioned the $6.6-
Million Study that said Light Rail will not relieve congestion, spur economic growth or do anything for
the environment. Ms. Howard finds it unconscionable that the Secretary of Transportation is "arm-
tying" the City into signing the MOU before the true costs are known. Norfolk has nine (9) Light Rail
cars and she questions why they cannot be used to go three (3) additional miles to Town Center.
Dayne Blythe, 2004 Oak Leaf Lane, Phone: 537-1700, spoke in OPPOSITION. Mr. Blythe advised the
reason he is opposed is based on the $6.6-Million DEIS. The MOU will place an undue burden on the
hard-working taxpayers that will rarely use Light Rail. Will the City forego raises for City employees to
pay for Light Rail or will taxes continue to increase. The City's Credit Rating is at risk of being
downgraded with the Arena and Light Rail. According to Hampton Roads Transit bus service cost
$91.64 per operational hour and the Tide is $317.50 per operational hour. Mr. Blythe suggests the City
look at improving bus services as automated cars are going to revolutionize transportation in the next few
years
Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 426-5589, spoke in OPPOSIITON. Mr. Greenmun has
been studying this issue since 1999 and hopes the City will not endorse the MOU. Light Rail is not going
to meet any of the goals originally expected. The City is a great place because of the Suburban and Rural
areas. This is not an urban area and there are plenty of urban environments within the Region. He feels
the City is being "conned"by the Secretary of Transportation and the City needs to address the priorities
of the City.
Burrell Saunders did not respond
Jeanne Evans-Cox spoke in SUPPORT Ms. Cox advised she represents over 150 Central Business
District Association companies, including numerous small businesses. She requests the City Council
continue moving forward with the wishes of the 2012 Referendum. The City should continue moving
forward and making decisions for the future. The MOU is the first step to the master plan but without it
there are no further steps and the Vision is lost. The 3.2 miles is a segment to the master plan and will
eventually connect to the airport and naval base.
Spencer Bullock spoke in SUPPORT. Mr. Bullock is a Senior at Virginia Wesleyan having grown up in
Northern Virginia. Since he was 12-13 years old, he was able to experience the D.C. area and parts of
Maryland because of the rail system. Unfortunately, he has been unable to get the same experience due
to the lack of the multi-modal system.
April 5, 2016
80
Item - VI-H.1
PUBLIC HEARING
ITEM#65807
(Continued)
Ashley Mars spoke in SUPPORT. Ms. Mars is a graphic designer for the Virginia Zoo, art director for
Vow Bride Magazine and a member of the CBDX. She has spent the last three (3)years creating synergy
between young professionals from Virginia Beach and Norfolk. The overwhelming theme is young
professionals want to live in walkable, bikeable, transit-oriented communities. It is time to blend the two
city's lines so we can flourish as one region and embody everything that young professionals are
attracted to.
Christine Armstrong did not respond
DeAndre Coke spoke in SUPPORT. Mr. Coke advised he is a financial advisor with Northwestern
Mutual and serves as the Vice-Chair of the Regional Engagement Committee for the Hampton Roads
Chamber of Commerce Young Professionals Group known as tHRive. tHRive currently has a
membership of over 1,200 young professionals in the Hampton Roads Region. This group provides a
platform for young professionals to engage in the future of the Region and conducted a poll of the
membership last month on Light Rail. The poll consisted of a single question, "Do you support Light Rail
expansion into Virginia Beach?" The response was an overwhelming 92.5% yes, I support the
expansion. Young professionals are eager to collaborate with local leaders to enhance the quality of life
and establish sustainable growth in the Region.
Dan Heatwole spoke in SUPPORT Mr. Heatwole advised in 2013 private sector bids reflected a cost to
extend the Tide at approximately$45-Million per mile and a vastly smaller number than the$110-Million
per mile provided by HRT. Should the final costs come in closer to the private sector bids, the City may
be able to complete this project by expending little to no local funds above the $155-Million provided by
the State. The reasonable thing is to continue moving this project forward until the final costs are known.
Extending the Tide to Town Center is the first step in creating a forward-thinking, inclusive City that
offers something for everyone. The City has built a resort destination at the Oceanfront, protected
Agricultural land below the Green Line and established eight (8) Strategic Growth Areas to focus future
development and preserve existing neighborhoods.
Colby Raymond spoke in SUPPORT. Ms. Raymond advised she has resided in the City for eight (8)
years. As a millennial she looks to the future of the City and as the Membership Chair of the CBDX she is
proud to lead almost 100 young professionals to spark business and economic growth. The City needs a
viable transportation system to support the growth of the City. Extending the Tide to Town Center is the
building block needed to continue connecting the City, as well as the airport and naval base. The City
should take advantage of this non-binding agreement with no financial commitment and move forward
with the MOU.
Beatrice Browder, 1204 Shawn Drive, Phone: 773-6732, spoke in OPPOSITION. Ms. Browder advised
the Referendum question on November 6, 2012 was misleading. The $6.6-Million DEIS is complete and
showed that this will not reduce traffic congestion. The City paid for the Study but yet is not abiding by it.
Six(6) votes-that is what it takes to make a difference in the City.
Jack Bolsen, 584 Peregine Street, Phone: 876-8232, spoke in OPPOSITION. Mr. Bolsen advised he is
originally from a small town in Illinois and self-studied network engineering while working full-time. As
such, he feels that he is among the best and brightest in the City. Logic and reason must be used in
deciding whether to build Light Rail. Extending the Tide into the City will cost each and every citizen.
There is no empirical evidence that Light Rail will mitigate and of the City's existing problems or
produce favorable results. He finds it difficult to believe HRT successfully managing this project as the
management of the Tide has been questionable, at best.
April 5, 2016
81
Item- VI-H.1
PUBLIC HEARING
ITEM#65807
(Continued)
Kenny Golden, 3425 Montgomery Place, Phone: 581-7499, spoke in OPPOSITION. Mr. Golden advised
he is representing Virginia Beach Tea Party and the concern is the debt the City is currently in. Public
Safety and Education should be priority. The Commonwealth currently ranks 29`h in the Country in
funding schools and teacher pay. The City ranks 11`h in the State — that is unacceptable. The third
priority is transportation. The City spent 6.6-Million on the Draft Environmental Study and it showed it
was not going to help with congestion; yet, the City continues to ignore the Study and move Light Rail
ahead.
Robert Brown, 304 Meadow Creek Drive, Phone: 642-4939, spoke in OPPOSITION. Mr. Brown advised
even though the City has spent `millions of tax payer dollars, the Study concluded that no congestion will
be reduced. This project is set up to fail. The Virginian Pilot owns a large amount of real estate near the
railroad right of way. Most Federal Socialist programs become outdated and cost prohibited due to a
lack of competition and profit motive and Light Rail is just that. He feels that one of the greatest freedom
people have is traveling freely with their own vehicles. The future in transportation is with the automated
vehicle and this revolution will equal the computer revolution.
David Williams, 2104 W. Admiral Drive, Phone: 481-1668, spoke in OPPOSITION. Mr. Williams is the
Past-President of the Shore Drive Coalition and is excited about the City's future. The proposed Light
Rail Transportation System is outdated and the City needs rapid transportation to attract young
professionals.
Ken Chord, 3536 Clubhouse Road, Phone: 340-6829, spoke in OPPOSITION. Mr. Chord feels Light Rail
is not about improving traffic congestion and, in fact, according to the DEIS, will add to congestion in
certain areas of the City. As recently stated, VDOT wants to tax the HOV Lanes. According to the City's
website, Laskin Gateway Project states "The Plan envisions a corridor with a coordinated transportation
and retail strategy that gets people out of their cars and on foot in a village-type community."
Nancy Craft, 3112 New Bridge Road, Phone: 426-2019, spoke in SUPPPORT. The City has moved
forward considerably in the past twenty (20)years and multi-modal transportation is essential. She will
take Light Rail when she has to go to Norfolk so she does not have to worry about traffic.
Peggy Snead, 2133 Rosewell Drive, Phone: 427-2855, spoke in SUPPORT. Ms. Snead believes open and
honest government is essential in order to move the City forward. In November 2012, she was
approached as she was voting at Three Oaks Elementary and was asked to sign Petition for Light Rail.
When she asked if the Petition was in support of Light Rail the person misled her to believe it was.
Afterwards, she found out she was misled and made multiple phone calls to get her name removed to no
avail.
Allyson Monsour, 2644 Bracston Road did not respond
Frank Papcin, 4008 Rumford Lane, Phone: 498-4878, spoke in OPPOSITION. Mr. Papcin advised
Richmond has instituted a Rapid bus system, with bus only lanes to open April 17`h in Arlington and
Washington, D.C. will test bus only lanes on a short stretch of Georgia Avenue. Mr. Papcin likes the idea
of the bus system being more efficient.
Jimmy Frost, 2240 Windom Pace, Phone: 343-6768, spoke in OPPOSITION Mr. Frost is running the
social media for No Light Rail. His biggest concern is what Light Rail will bring to the City. He does not
want to see an increase in the crime rate. Light Rail is not an issue about demographics but about tax
payer's money.
April 5, 2016
82
Item- VI-H.1
PUBLIC HEARING
ITEM#65807
(Continued)
Jay Laze, 4664 Revere Drive, Phone: 277-2510, spoke in OPPOSITION. Mr. Laze advised the City to
consider increasing the bus service and stop advocating for Light Rail. In fact, the City can run busses
24 hours a day at a fraction of the cost of Light Rail. Light Rail will not eliminate traffic and will actually
increase congestion. Light Rail will be used by 1% of the population but paid for by 99% of the
population. That just does not seem fair.
Beatrice Amberman, 921 Eastern Shore Road, Phone: 619-5726, spoke in SUPPORT. Ms. Amberman is
a member of the Virginia Beach Human Rights Commission. Chairman Rice advised City Council the
Commission encourages the extension of Light Rail on behalf of the populations in the City that have a
need of this type of transportation. The Commission applauds the City Council for their leadership by
creating the Envision 2040 Committee to study the future of the City.
Don Monteaux, 203 43rd Street, Phone: 681-2808, spoke in OPPOSITION Mr. Monteaux has lived in the
City for over twenty (20)years. He just received his tax bill and was shocked to see the increase. What
he understands is almost 20% of the increase will go to funding Light Rail and that just does not seem
fair. He is not in favor of Light Rail; however, he is in favor of having a thriving and prosperous City. .
he pays a lot of taxes in the City. His taxes went up by 20% and he understands the increase will go to
the project but he does not support Light Rail.
Toni Hedrick, 1139 Blackburn Lane, Phone: 460-0136, spoke in OPPOSITION Ms. Hedrick was
amazed at the misinformation she has heard tonight. As everyone knows, the taxes collected from the
Oceanfront and Town Center do not go into the General Fund. She encourages the Light Rail supporters
to get the facts correct.
Carl Santti, 1504 Stanfield Road, Phone: 650-0972, did not respond
Zachary Dirks, spoke in OPPOSITION. Mr. Dirks questions how buying trains for Light Rail when the
project is not yet approved makes good financial sense.
Marlayne Castelluzzo, Chair of the Virginia Beach Taxpayers Alliance spoke in OPPOSITOIN. The
Millenials notion "build it and they will come" is beyond ridiculous. The comparison has been made to
D.C; however, the density in D.C. is over 9,000 per square mile and in the City just over 1,000 per square
mile — there is no comparison. The new City Manager's time and energy would be far better sent
addressing the Economic Development Authority so that real "living wage"jobs could be created in the
City for the absentee Millennials. Build jobs and they will come.
Deborah Pavon, 3497 Glen Arden Road, Phone: 620-6511, spoke in OPPOSITION. She feels this
Project is a "retail rail"from Macarthur Center to Town Center. Businesses outside of the Corridor will
pay. Light Rail does not reduce traffic congestion and should not be extended to Town Center.
Darrell Nolen, 1105 Battle Royal Circle, Phone: 464-6667, spoke in OPPOSITION Mr. Nolen does not
believe this will foster economic development in the City.
George Bryant is a resident of Wojlsnare Plantation and spoke in OPPOSITION Mr. Bryant feels the
bus system will do the job and cost much less than Light Rail. The financial burden will be felt for years
to come with little, if any, benefit according to the DEIS.
Steve O'Neal spoke in OPPOSITION. Mr. O'Neal advised his property tax and water bill have increased
tremendously and the City cannot afford this project.
April 5, 2016
83
Item- VI-H.1
PUBLIC HEARING ITEM#65807
(Continued)
Teresah Langille spoke in OPPOSIITON. She provides her own transportation to and from work and will
never use Light Rail yet she is going to have to pay for this project and that just does not seem fair.
he City should invest in improving the
Richard Fran not extend
in the Tide.I LIight Rail is not N. Mr. going to addng advised tany profit for the City and the financial
bus system and not extendg
burden will be felt for year.
Shayne Evans, spoke in OPPOSITION. Ms. Evans feels busses are more flexible than Light Rail. Driving
in Norfolk is frightening since they have Light Rail.
Dr. David Crouse spoke in OPPOSITON. Dr. Crouse and his wife searched for years to find the ideal
place to retire and the City stood out and, as such, they have lived in the City since 2000. Right outside of
his house is an orange cone which sits on top of a crumbling storm sewer. He does not understand why
City Council would consider something as expensive as Light Rail with the state of the infrastructure
throughout the City.
Tony Drew—did not respond
Chris Ives spoke in OPPOSITION. Mr. Ives feels that a lot of the pro Light Rail folks are transplants into
the City. The City is a great place to live and sells itself. The City does not need Light Rail to attract
anyone.
Robert Dean spoke in OPPOSITION. Mr. Dean advised Town Bank was a part of the deception that
promoted the Light Rail ad campaign. Billy Harrison, the Mayor's close friend, was appointed to head
the Citizens Transportation Advisory Committee. John Malbon, owner of PAPCO Oil located adjacent
to the proposed Light Rail route, is also a member of the Committee as well as the Commonwealth
Transportation Board and Hampton Roads Transportation Accountability Commission. The Secretary of
Transportation headed up the propaganda machine called "Move Hampton Roads" and served on the
Commonwealth Transportation Board. He is behind the political favors pay-off for $155-Million for
Light Rail from the State.
Betty Kennedy, 2700 Cattayle Run, Phone: 340-8975, spoke in OPPOSITION. Ms. Kennedy does not feel
this is a wise investment and the future generations will be paying for the project if approved.
Russell Harris spoke in OPPOSITION. Mr. Harris feels Envision 2040 did a great job with taking the
Vision of the City to the community, getting their thoughts and bringing them back to the leadership. Mr.
Harris feels the costs is just too great for this project and is a bad financial choice for the City.
Richard "RK" Kowalewitch, spoke in OPPOSITION. Mr. Kowalewitch finds the amount of money put
into the Mayor's campaign by only twenty-nine (29)people very disturbing. Mr. Kowalewitch feels the
City has a dark cloud hanging over the City as long as Mayor Sessoms is in office. He asks the City
Council to "table"this item until after November.
There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING on LIGHT RAIL
MOU,HRT and DRPT Authorization,Bid Proposals
April 5, 2016
84
Item- VI-H.2
PUBLIC HEARING
ITEM#65808
Mayor Sessoms DECLARED A PUBLIC HEARING:
DECLARATION and CONVEYANCE of EXCESS Ciry Property:
proposed BIOMEDICAL PARK
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
April 5, 2016
85
Item- VI-I
ORDINANCES/RESOLUTIONS
ITEM#65809
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT:Agenda Items 1, 2a/b/c, 5, 6, 7, 8 and 9a/b/c.
Voting: 11-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
April 5, 2016
II
86
Item-VI-I.1
ORDINANCES/RESOLUTIONS
ITEM#65810
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council. ADOPTED, BY
CONSENT, Ordinance to AMEND an Ordinance re selection of the Chair of the Community
Organization Grant Review and Allocation Committee (COG)
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
April 5, 2016
1 AN ORDINANCE TO AMEND SECTION 25-3
2 OF THE CITY CODE PERTAINING TO
3 CHARITABLE ORGANIZATIONS AND
4 SECOND HAND DEALERS
5
6 SECTION AMENDED: § 25-3
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 25-3 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and ordained to read as follows:
13. Sec. 25-3. - Exceptions from article.
14 Nothing contained in this article shall apply to any licensed retail merchant
15 accepting secondhand merchandise as partial payment or as trade-in on new
16 merchandise of the same or similar type or to any nonprofit, charitable, religious or
17 educational organization; 22,1 any corporation that operates a retail store on behalf of a
18 nonprofit, charitable, religious, or educational organization; or 01 any properly licensed
19 antique dealer; provided, however, that this exception does not apply to those who deal
20 primarily in new and used firearms.
21 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5th
22 day of April , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
- ADAAAA/4-- 0
Police Depart-
ifF c
ment City Attorney's O e
17/
CA13546
R-3
March 29, 2016
87
Item -VI-L2a
ORDINANCES/RESOLUTIONS
ITEM#65811
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to AMEND the City Code:
a. Section 25-3 re charitable organizations and second hand dealers
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
April 5, 2016
1 AN ORDINANCE TO AMEND ORDINANCE #3303D
2 REGARDING THE CHAIR OF THE COMMUNITY
3 ORGANIZATION GRANT REVIEW AND ALLOCATION
4 COMMITTEE
5
6 WHEREAS, on August 27, 2013, the City Council adopted an ordinance (ORD #
7 3303D) to revise the membership of the Community Organization Grant Review and
8 Allocation Committee (the "COG Committee"); and
9
10 WHEREAS, the COG Committee has requested ORD #3303D be amended to
11 allow the chairperson of the Committee to be elected from its membership.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 That the representation on the Virginia Beach Community Organization Grant
17 Review and Allocation Committee shall be comprised of ten (10) members as follows:
18
19 1. One (1) Citizen-At-Large to be selected by the Mayor and confirmed by
20 Council. - .. -. _- • - - -. - • - ..• .• - _ • _ ._ _•. .. . _ .
21 2. Four (4) Citizens-At-Large to be selected by Council;
22 3. One (1) member of Council selected by the Mayor;
23 4. The Director of Public Health or qualified designee;
24 5. A representative from the Hampton Roads Community Foundation;
25 6. A representative from the United Way who has expertise in not-for-profit
26 agencies and/or grant fund allocation;
27 7. A representative of the Library Board.
28
29 The chairperson for the Committee shall be elected from the membership to
30 serve as chairperson for a term that is agreed upon by the membership.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of April , 2016.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY:
Ci Clerk City A • .
CA13711
R-2
March 24, 2016
88
Item-VI-L2b
ORDINANCES/RESOLUTIONS
ITEM#65812
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to AMEND the City Code:
b. Section 15-5 re hotel registries
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
April 5, 2016
1 AN ORDINANCE TO AMEND VIRGINIA
2 BEACH CITY CODE § 15-5 PERTAINING TO
3 HOTEL REGISTRIES
4
5 SECTIONS AMENDED: § 15-5
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 15-5 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and ordained to read as follows:
12 Sec. 15-5. Guest register generally.
13 (a) Every person conducting any lodging place in the city shall at all times keep and
14 maintain therein a guest register, in which shall be inscribed, electronically, or with
15 indelible ink, the name and valid home address of each guest or person renting or
16 occupying a room or camping space therein, as well as the guest's vehicle
17 description and license plate information of any vehicle being used by such quest.
18 Such register shall be signed by the person renting a room or camping space, or by
19 someone signing by his or her authority. The proprietor of such lodging place, or his
20 or her agent, shall thereupon enter or write, electronically, or with indelible ink,
21 opposite such name so registered, the number of each room or camping space
22 assigned to and occupied by such guest, together with the date(s) and time(s) when
23 such room or camping space is rented. Until all of the aforesaid entries have been
24 made in such register, no guest shall be suffered or permitted to occupy any room
25 in such lodging place. When the occupant of a room or camping space so rented
26 vacates and surrenders the same, it shall be the duty of the proprietor of the lodging
27 place, or his or her agent, to enter into such registry the time the room was
28 surrendered by the occupant and maintain for one year, a record of the date(s)
29 when such room or camping space was vacated and surrendered.
30 (b) -- --•_ - -_ - - -- - - - - e•- - - - - - - - - - - e -
31 - - - - - - - - - - - - - - - -- - - - - - - .
32 {$ The guest vehicle parking area of every lodging place shall be accessible at any
33 and all reasonable times to any public safety officer in the performance of his or her
34 duties.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5th
day of April , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
./E ,A-yvvmAztA VPolice Department CityAttorney's Ofic
e")
CA13395
R-2
March 15, 2016
II
89
Item -VI-L2c
ORDINANCES/RESOLUTIONS
ITEM#65813
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to AMEND the City Code:
c. Section 5-501 re time restriction for tethering dogs
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
April 5, 2016
REQUESTED BY COUNCILMEMBER WOOD
1 AN ORDINANCE TO AMEND SECTION 5-501
2 OF THE CITY CODE PERTAINING TO TIME
3 RESTRICTION FOR TETHERING DOGS
4
5 SECTION AMENDED: § 5-501
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 5-501 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12. Sec. 5-501. - Adequate space for animals; time restriction on tethering dogs.
13 (a) It shall be unlawful to fail to provide any animal with adequate space.
14 "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit,
15 lie, turn about, and make all other normal body movements in a comfortable, normal
16 position for the animal and (ii) interact safely with other animals in the enclosure.
17
18 (b) When a dog is tethered, "adequate space" means a tether that permits
19 the above actions and is appropriate to the age and size of the dog. The tether must
20 be attached to the dog by a properly applied collar, halter, or harness configured so
21 as to protect the dog from injury and prevent the dog or the tether from becoming
22 entangled with other objects or dogs, or from extending over an object or edge that
23 could result in the strangulation or injury of the dog. Furthermore, the tether must be
24 at least three (3) times the length of the dog, as measured from the tip of its nose to
25 the base of its tail, except when the dog is being walked on a leash or is attached by
26 a tether to a lead line. When freedom of movement would endanger the dog,
27 temporarily and appropriately restricting movement of the dog according to
28 professionally accepted standards is considered to be provision of adequate space.
29
30 (c) It shall be unlawful for any dog to be tethered for more than three one (3
31 1) hours, cumulatively in any twenty-four-hour period.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5th
day of April , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
kATVAititi-
Police Department
CityAttorney's Oilme9NLa
CA13702/R-1/March 8, 2016
90
Item-VI-I.3a/b/c/die
ORDINANCES/RESOLUTIONS
ITEM#65814
Upon motion by Council Lady Ross-Hammond, seconded by Councilman Wood, City Council
ADOPTED, Ordinance to AUTHORIZE the City Manager to:
a. EXECUTE a MOU re the proposed Light Rail project among the City, the
Transportation District Commission of Hampton Roads (HRT)and the
Department of Rail and Public Transportation (DRPT)
b. HRT to SUBMIT an application to DPRT for funding and the procurement
of Light Rail vehicles
c. EXECUTE a binding Agreement between the City and DRPT regarding the
provision of City funds for the procurement of Light Rail vehicles
d. ISSUE a notice to proceed or direct HRT to issue a notice to proceed for the
purchase of Light Rail vehicles to all revenue operation to commence
December 2019
e. COMMENCE a procurement process that includes a request for proposals
for a design-build contract by December 31, 2016
Voting: 9-2
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William
D. Sessoms, Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Robert M Dyer
John D. Moss
Council Members Absent:
None
April 5, 2016
1 AN ORDINANCE (1) TO AUTHORIZE THE CITY
2 MANAGER TO EXECUTE A MEMORANDUM OF
3 UNDERSTANDING REGARDING THE PROPOSED LIGHT
4 RAIL PROJECT AMONG THE CITY, THE
5 TRANSPORTATION DISTRICT COMMISSION OF
6 HAMPTON ROADS ("HRT"), AND THE DEPARTMENT OF
7 RAIL AND PUBLIC TRANSPORTATION ("DRPT"), (2) TO
8 AUTHORIZE HRT TO SUBMIT AN APPLICATION TO
9 DPRT FOR FUNDING FOR THE PROCUREMENT OF
10 LIGHT RAIL VEHICLES, (3) TO AUTHORIZE THE CITY
11 MANAGER TO EXECUTE A BINDING AGREEMENT
12 BETWEEN THE CITY AND DRPT REGARDING THE
13 PROVISION OF CITY FUNDS FOR THE PROCUREMENT
14 OF LIGHT RAIL VEHICLES, (4) TO AUTHORIZE THE CITY
15 MANAGER TO ISSUE A NOTICE TO PROCEED OR
16 DIRECT HRT TO ISSUE A NOTICE TO PROCEED FOR
17 THE PURCHASE OF LIGHT RAIL VEHICLES TO ALLOW
18 REVENUE OPERATION TO COMMENCE DECEMBER
19 2019, AND (5) TO DIRECT THE CITY MANAGER TO
20 COMMENCE A PROCUREMENT PROCESS THAT
21 INCLUDES A REQUEST FOR PROPOSALS FOR A
22 DESIGN-BUILD CONTRACT BY DECEMBER 31, 2016
23
24 WHEREAS, the City adopted a Locally Preferred Alternative for the Virginia
25 Beach Light Rail Extension that would extend The Tide Light Rail System (the "System")
26 to Town Center with a Constitution Drive terminus (the "Project");
27
28 WHEREAS, the Commonwealth has proposed a cost share for the extension of
29 the System wherein the Commonwealth provides $155 million in state funding and the
30 City is responsible for amounts above the state funding;
31
32 WHEREAS, the Commonwealth Transportation Board (the "CTB") allocates
33 funding for the Six-Year Improvement Program ("SYIP") annually;
34
35 WHEREAS, the CTB has requested, by resolutions adopted at its February 17,
36 2016 and March 16, 2016 meetings, the City undertake certain actions to affirm its
37 commitment to the Project prior to April 30, 2016, to allow the CTB to prepare its SYIP
38 for adoption prior to the statutory July 1 deadline;
39
40 WHEREAS, the February 17, 2016, CTB Resolution requires by April 30, 2016:
41
42 [T]he City must demonstrate its commitment to the Project by authorizing
43 the Transportation District Commission of Hampton Roads to submit an
44 application to the Department of Rail and Public Transportation for funding
45 for the procurement of light rail vehicles, and must execute a mutually
46 agreeable Memorandum of Understanding among the City of Virginia
47 Beach, the Transportation District Commission of Hampton Roads, and
48 the Virginia Department of Rail and Public Transportation;
49
50 WHEREAS, the March 16, 2016, CTB Resolution requires City approval, by April
51 30, 2016, of:
52
53 [A] mutually agreeable binding agreement between the City and the
54 Department of Rail and Public Transportation regarding the provision of
55 City funding for the procurement of light rail vehicles, and issues a notice
56 to proceed for the vehicles by a date that allows the City to meet a
57 December 2019 deadline for revenue operations of the light rail extension;
58
59 WHEREAS, the March 16, 2016, CTB Resolution also requires of the City, by
60 December 31, 2016, "the issuance of a Request for Proposals for a design-build
61 contract;"
62
63 WHEREAS, the CTB resolutions state that the failure to compete the described
64 actions will result in the de-obligation of funds to the Project in the SYIP;
65
66 WHEREAS, HRT is nearing the completion of a procurement process to acquire
67 three light rail vehicles (the "Vehicles");
68
69 WHEREAS, HRT has negotiated options for the purchase of the Vehicles to
70 allow the notice to proceed (the "NTP"), including an option 5, which allows the NTP to
71 be issued prior to December 2, 2016;
72
73 WHEREAS, a December 2, 2016, NTP date, with a 30-month delivery timeline,
74 would have the Vehicles delivered with sufficient time to test and commission prior to a
75 December 2019 revenue operation commencement;
76
77 WHEREAS, the Vehicle purchase agreement is anticipated to allow cancellation
78 by either party at no cost if the NTP is not issued by December 2, 2016;
79
80 WHEREAS, the Vehicles purchase is anticipated to cost $19,774,104, and if
81 authorized by the City, HRT would request a 100% grant from DRPT for the purchase of
82 the Vehicles, and the City would commit to a 50% local cost share for such
83 expenditures;
84
85 WHEREAS, to meet the CTB resolution requirement of a binding agreement for
86 the City's cost share of the Vehicles' purchase, the City and DRPT have prepared a
87 cost reimbursement agreement that would require the City to make payments to DRPT
88 upon DRPT making a reimbursement request subsequent to milestones payments in
89 the purchase agreement;
90
91
92 WHEREAS, as presented, the binding agreement will require the City to be
93 responsible for:
94 a. the 50% Local Cost Share;
95 b. the increased costs ($552,000) associated with option 5, which moved the
96 notice to proceed date until December 2, 2106;
97 c. any cost or fee associated with cancelling the contract to purchase the
98 vehicles after the notice to proceed is issued; and
99 d. reimburse the State for any State funds expended on the vehicles if the City
100 initiates cancellation after the notice to proceed is issued;
101
102 WHEREAS, the Council included in its FY16 Capital Improvement Program
103 Appropriation Ordinance (the "FY16 CIP") a limitation that would prohibit the City
104 Manager or designee from authorizing another entity or body "whether state, local, or
105 regional in nature" to initiate an order of light rail vehicles without specific Council
106 authorization;
107
108 WHEREAS, the Council desires to remove any impediment created by the City's
109 FY16 CIP provided the NTP release date allows the City Council to receive the results
110 of an advisory referendum to be held in November 2016;
111
112 WHEREAS, the City Staff has initiated preparations for a two-phase design-build
113 procurement process for the Project construction pursuant to the authority given to
114 localities to undertake design-build transportation construction pursuant to §33.2-269 of
115 the Virginia Code and in accordance with the Virginia Department of Transportation's
116 Design-Build Procurement Manual;
117
118 WHEREAS, the City Staff anticipates the first phase of the design-build
119 procurement process — a request for qualifications — to occur in July 2016, which will
120 allow the second phase — a request for proposals provided to short-listed firms — to
121 occur before December 31, 2016;
122
123 WHEREAS, the timing of the design-build procurement is intended to allow the
124 City Council to make a final decision regarding construction of the Project upon the
125 evaluation of competitive bids or proposals in April of 2017;
126
127 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
128 VIRGINIA BEACH, VIRGINIA, THAT:
129
130 1. The City Manager is hereby authorized to execute a Memorandum of
131 Understanding, attached hereto as Exhibit A, regarding the Project among the
132 City, the Transportation District Commission of Hampton Roads, and the
133 Department of Rail and Public Transportation.
134
135 2. The City Manager is hereby directed to issue an authorization to the
136 Transportation District Commission of Hampton Roads to submit an
137 application to the Department of Rail and Public Transportation for grant
138 funding for the procurement of light rail vehicles.
139
140 3. The City Manager is hereby authorized to execute a binding agreement,
141 attached hereto as Exhibit B, between the City and the Department of Rail
142 and Public Transportation regarding the provision of City funds for the
143 procurement of light rail vehicles.
144
145 4. The City Manager is authorized to issue a notice to proceed or direct the
146 Transportation District Commission of Hampton Roads to issue a notice to
147 proceed for the purchase of light rail vehicles utilizing option five, which
148 requires the notice to proceed be issued by December 2, 2016.
149
150 5. The City Manager is directed to proceed with a two-phase design-build
151 procurement process that includes issuance of a request for proposal before
152 December 31, 2016.
Adopted by the Council of the city of Virginia Beach, Virginia, on the 5th day
of April , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
114
IN
City Ma=er`s Office A- • n- s 0 ice
CA13705
R-3
March 23, 2016
Exhibit A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VIRGINIA BEACH,
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS,AND
VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION
CONCERNING THE EXTENSION OF LIGHT RAIL FROM NORFOLK TO
VIRGINIA BEACH TOWN CENTER
This Memorandum of Understanding ("MOU") concerning a two track extension of light
rail transit ("LRT") from Newtown Road Station in Norfolk, Virginia to the Town Center area of
the City of Virginia Beach (the "Project"), is made and entered into on
, 2016, by and between the CITY OF VIRGINIA BEACH
("City"), a municipal corporation of the Commonwealth of Virginia; the TRANSPORTATION
DISTRICT COMMISSION OF HAMPTON ROADS, d/b/a as Hampton Roads Transit
("HRT"), a regional transportation corporate and political body created pursuant to the
Transportation District Act of 1964; and the DEPARTMENT OF RAIL AND PUBLIC
TRANSPORTATION ("DRPT"), an agency of the Commonwealth of Virginia, (collectively,
"Project Partners").
RECITALS
A. On May 12 and May 28, 2015, respectively, the City Council of Virginia Beach ("City
Council") and HRT identified their locally preferred alternative of LRT to the Town Center area
of the City. As described in the resolutions of the City Council and HRT, the Project includes
above-grade crossings of light rail transit at Witchduck Road and Independence Boulevard and
at-grade light rail transit stations on the east side of Witchduck Road, west side of Kellam Road,
and east side of Constitution Drive with the station at Constitution Drive being the terminal
station.
B. The Project includes two types of vehicle requirements. The Project requires enhanced
bus service and the acquisition of additional light rail vehicles. This MOU describes the
respective roles for the acquisition of light rail vehicles in Section 8. The other vehicle
requirement is related to enhanced bus service, which is addressed in Section 9.
C. The City will develop an independent plan and provide the necessary funding to include a
shared use path and sidewalk ("SUP") on either side of the proposed light rail alignment, and it is
the City's intention to include the SUP as an additional bid item in the solicitation for the design
build procurement("DB Procurement") for the Project.
D. The City and DRPT have developed a cost share plan for the Project. The cost share plan
calls for DRPT to provide through separate grant agreement(s) capital assistance grant(s) totaling
$155,000,000 (the "Grant") for the Project, exclusive of the SUP.
E. The 2016-2021 Six Year Improvement Plan ("SYIP") adopted by the Commonwealth
Transportation Board includes funding of$155,000,000 for the Project.
F. The City's Capital Improvement Program includes the remainder of funding required to
complete the Project and, depending upon the results of the bids or proposals received in the DB
Procurement, sufficient funding for the SUP. City participation with funding programmed and
appropriated between Fiscal Year 2016 and Fiscal Year 2020 shall be in a manner that supports
the completion of the Project.
G. The City and DRPT agree that the Commonwealth's Grant for the Light Rail Project will be
capped at a maximum of $155,000,000. In the event of any Project costs in excess of that
amount, those costs will be borne 100 percent by the City.
NOW, THEREFORE, the Project Partners agree that the following non-binding terms
constitute the Project Partners' contemplated overall approach for handling the development of
the Project:
1. SCOPE. This MOU delineates the respective roles and preliminary obligations of the
Project Partners regarding the Project. The Project Partners acknowledge that the Project is not
financially feasible without funding from DRPT.
2. FINANCIAL OBLIGATIONS. While this MOU describes the understanding of the
Project Partners regarding the Grant(s), this MOU does not obligate any of the Project Partners to
expend any funds for a particular purpose. Any financial obligation, reimbursement obligation,
or other such obligation would be the subject of a separate agreement or memorandum of
agreement. Accordingly, for purposes of this MOU, the Project Partners are responsible for their
respective expenditures.
3. TERM. The Project Partners agree that this MOU shall commence on date of execution,
and terminate on June 30, 2020, unless terminated earlier. This MOU may be amended by a
writing signed by all Project Partners.
4. TERMINATION. Any of the Project Partners may terminate this MOU with 30 days
written notice to the other Project Partners. However, termination of this MOU shall have no
effect on the obligations imposed by Local Cost Share Reimbursement Agreement or any other
Grant agreement(s) under which funding is provided by DRPT.
5. PROJECT OVERSIGHT AND COORDINATION
The City will serve as the lead agency for managing the implementation of the Project.
The City shall maintain and distribute Project documents to the Project Partners, including
monthly project cost, cash flow and schedule updates, quarterly updates to a risk register, and
detailed monthly progress reports. The level of detail for the aforementioned documents will be
provided in subsequent binding agreements dependent upon the respective requirements of the
Project Partners.
6. GRANT OVERSIGHT AND COORDINATION
The intended cost sharing and funding allocation among the Project Partners will be set
forth in a cash flow funding schedule to be developed by the City and DRPT. The amounts and
timing of funds from the Commonwealth and Virginia Beach will be revised upon the
confirmation of payments required for the purchase of light rail vehicles; and revised again, if
2
needed, following the execution of a design-build contract by the City of Virginia Beach. In
furtherance of such grant funding, the following roles and responsibilities shall apply:
6.1 DRPT shall:
a. Review and, if acceptable, approve the Grant application(s).
b. If the Grant is approved, prepare grant funding agreement(s) with the City
c. Under the state safety oversight mandates from the Moving Ahead for Progress in the
21st Century Act ("MAP-21"), and the Fixing America's Surface Transportation Act
("FAST Act"), codified in Section 5329 of Title 49, United States Code, provide
oversight and verify the final safety certification of the Project to protect the
Commonwealth's investment, assure compliance with Federal safety requirements and to
improve project outcomes.
6.2 The City shall:
a. Apply to DRPT for the Grant, coordinate efforts with the other Project Partners in
furtherance of the Grant and the Project, and fulfill the various obligations required of the
Grant recipient.
b. Advise HRT of any material alterations, additions, deletions or modifications to the
Project design and/or plans made at any time prior to final safety certification and
acceptance of the Project by HRT.
c. Present to the Project Partners a Project Management Plan (PMP), which must be
approved by DRPT prior to the issuance of a Request for Proposals for the design-build
contract. The PMP will describe the project management organization; roles and
responsibilities of project team members; decision-making processes; communication
protocols; responsibilities for systems integration; and other elements outlined in the
Federal Transit Administration's "Project and Construction Management Guidelines"
dated July 2011.
d. Present to the Project Partners a plan that meets the financial planning requirements of
the Grant at a date to be determined by the Project Partners, and such plan may including
some or all of the following:
1. Project financing (sources and uses of funds - the spreadsheet should clearly show
revenues and expenses for the Project separated from those of the remainder of
the transit system).
2. Correspondence, city council resolution, or other documentation indicating the
City's intent to commit its share of funding for the Light Rail Project.
e. Transportation Improvement Program (TIP) and DRPT State Transportation
Improvement Program (STIP) programming of project development and construction
funding. Provide Project funding for the remainder of the costs beyond the $155 million
funding provided by the Grant by programming such funding in the City's Capital
Improvement Program.
3
II
f. The City shall annually provide sufficient funding to operate and maintain the portion of
The Tide Light Rail System located in Virginia Beach, including enhanced bus service
and a proportionate share of centralized maintenance facilities, revenue collections
functions, and long term replacement of vehicles and other similar equipment based on
the Cost Allocation Agreement (CAA).
6.3 The City and HRT shall, collectively, develop a plan that meets the financial planning
requirements of the Grant to include:
1. 20-year cash flow statement (in year of expenditure dollars) including capital
and operating financial plans.
2. Long-term capital plan (system-wide).
3. Operations and maintenance funding (system-wide).
6.4 The City and HRT shall coordinate and cooperate to develop an agreement for the
reimbursement by the City of Project costs incurred by HRT after the completion of the thirty
percent design.
7. PROCUREMENT; CONTRACTING FOR THE DESIGN BUILD PROJECT
7.1 HRT shall:
a. Continue any existing efforts to develop 30% design documents for the Project.
b. As the future system operator, review all of the LRT related plans and specifications for
compliance with HRT Design Criteria and all applicable state and federal regulations.
The purpose of the review is to avoid delay and facilitate final safety certification by
HRT, normal operation, and full system integration of the Project into The Tide Light
Rail System.
c. Provide safety, design and operational requirements to be included by the City in design
build contracts.
d. Review and approve all aspects of the design and construction of the SUP that may affect
the safety, operations and maintenance of The Tide Light Rail System.
7.2 The City shall:
a. During preparation of the 30% design documents, coordinate with HRT to prepare the
required bridging documents. The City shall prepare the procurement solicitation for the
DB Procurement to implement the Project. At the City's sole option and expense, the
City may include the SUP in the solicitation as an additional item to be evaluated
separate from the LRT portion of the Project.
b. Be responsible for obtaining all funding associated with the SUP, and such expenditures
shall be tracked separately from the Light Rail Project in a manner that is acceptable to
DRPT.
4
c. Implement the Project in a manner that preserves future federal funding for any future
segment of The Tide. However, at this time of the execution of the MOU, the Project
Partners have no intention that the costs of the Project would be part of any state or local
match in a federal full funding grant agreement or similar method of funding any future
segment of The Tide.
d. Develop project management protocols and financial tracking/reporting methodology to
effectively keep the Project Partners informed as to project benchmarks and expenditures
during construction. DRPT shall have review and approval rights of the written
procedures and reporting templates proposed by the City to fulfill this requirement. HRT
shall have review and approval rights as to any protocols related to LRT project
management, document control, safety, startup and operational integration. Such
approval will not be unreasonably withheld.
7.3 The Project Partners shall collectively:
a. Coordinate and cooperate in the planning and integration of the Project into The Tide
Light Rail System.
b. Coordinate and cooperate to allow the respective Project Partner to fulfill its obligation
under the Federal Transit Administration (FTA) State Safety Oversight Program,
including any required Project design review, certification and approval rights.
c. Coordinate and cooperate in all actions necessary, including the issuance of any
documents and required testing and certification, for acceptance of the Project into The
Tide Light Rail System.
d. Coordinate and cooperate in the creation and execution of all final and ongoing safety,
operational and maintenance agreements associated with the Project and SUP prior to the
acceptance of the Project into The Tide Light Rail System.
8. LIGHT RAIL VEHICLE PROCUREMENT
The Project Partners have identified the procurement of additional light rail vehicles (the
"Vehicles") as a critical path item for the Project. For purposes of the Vehicles, HRT shall serve
as project lead, and any additional duties or requirements for such procurement shall be set forth
in a separate agreement. The City will request that HRT submit a FY2016 out-of-cycle grant
application to DRPT for the funds necessary to purchase the Vehicles. DRPT has confirmed the
availability of funds for the purchase of the Vehicles provided the City enters into a binding
agreement for the local (50%) share of the grant. The City and DRPT shall develop a binding
agreement for the City to reimburse DRPT for the City's cost share portion of the Vehicles in
accordance with the payment terms of the manufacturer and that the notice to proceed will
follow the November 2016 election. The City Manager will seek City Council authorization to
execute such binding agreement prior to awarding the vehicle purchase contract by HRT. The
Vehicles will be owned, operated and maintained by HRT.
5
9. ENHANCED BUS SERVICE
In furtherance of enhanced bus service to serve the Project, HRT intends to procure additional
buses prior to commencing revenue service for the Project. The bus procurement will include a
separate grant funding application made by HRT to DRPT. The anticipated funding share is to
be based on the statewide match ratio for transit capital funding, and the current funding split for
buses is 68% (state) and 32% (local). The buses will be owned, operated and maintained by
HRT.
10. PROGRAM CONTACTS. The following are contact information for each party:
For Virginia Beach:
Brian Solis Bobby Wheeler, P.E.
Strategic Growth Areas Department Public Works Depaitnnent
City of Virginia Beach City of Virginia Beach
4525 Main Street, Ste 710 Municipal Center, Bldg. #2
Virginia Beach, Virginia 23462 2405 Courthouse Drive
Virginia Beach, VA 23456
For HRT:
Sibyl Pappas Ray Amoruso
Hampton Roads Transit Hampton Roads Transit
509 East 18th Street 509 East 18th Street
Norfolk, Virginia 32504 Norfolk, Virginia 32504
For DRPT:
Jacob Craig, P.E. Jennifer Mitchell
Dept. of Rail &Public Transportation Dept. of Rail &Public Transportation
600 East Main Street, Suite 2102 600 East Main Street, Suite 2102
Richmond, VA 23219 Richmond, VA 23219
11. EXPENDITURE OF FUNDS. Nothing herein authorizes, expressly or by implication, the
expenditure of funds not previously appropriated by an elected body or allocated by the
Commonwealth Transportation Board, if applicable. The failure to appropriate or allocate
sufficient funds or the deallocation of any funds shall not be a ground upon which one of the
Project Partners may be liable.
12. AUTHORITY. By signing below, each Project Partner acknowledges and agrees that it has
the authority to enter into this MOU and to perform their proposed respective obligations
hereunder, and that by entering into this MOU it will not be in violation of any separate
agreement with a third party. Each Project Partner represents and warrants that: (i) it has
complied with all requirements of applicable law and of its charter, bylaws, and other
organizational documents, including without limitation with respect to notices, meetings, and
votes, prior to executing this MOU; and (ii) the person executing this MOU on behalf of the
Project Partner is fully authorized to do so.
6
13. ASSIGNMENT. No Project Partner may assign or transfer any rights herein without the
written consent of the other Project Partners.
14. APPLICABLE LAW. This MOU shall be governed by the laws of the Commonwealth of
Virginia. The venue of any disputes shall be the City of Richmond Circuit Court of the
Commonwealth of Virginia.
15. ENTIRE MOU. This MOU shall constitute the entire MOU between the Project Partners,
and supersedes any prior understanding, agreement, or representation by or between the Project
Partners, written or oral, to the extent that they relate in any way to the subject matter hereof,
with the exception of any applications for the Grant(s), Grant agreements for DRPT grants, and
associated documents, which shall be independent of this MOU. The Project Partners anticipate
subsequent agreements or memoranda of agreements that will supersede portions of this MOU.
16. NO THIRD PARTY BENEFICIARIES. This MOU is for the exclusive benefit of, and
may only be enforced by, the Project Partners and their respective successors and assigns. It is
not intended to benefit or confer any rights on any other person, organization, or entity.
17. PROJECT AGREEMENTS. The Project Partners agree that at the appropriate times, the
Project Partners will 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
are not limited to, the following required agreements:
a. Agreement for purchase of the Light Rail Vehicles
b. Utility Agreements;
c. Master, Interagency, Public/Private, Joint Development, Railroad and Right of Way
Agreements;
d. Operational and Maintenance Agreements for the Project and SUP;
e. Reimbursement Agreement for Project costs incurred by HRT after completion of
thirty percent design;
f. DRPT OLGA Master Agreement; and
g. DRPT Grant agreement(s).
(the remainder of this page is intentionally left blank)
7
IN WITNESS WHEREOF, the Project Partners have caused this MOU to be executed by their
duly authorized representative.
DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION
By:
Date:
Approved as to Legal Form (Office of the Attorney General)
By:
Date:
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS
By:
Date:
Approved as to Legal Sufficiency(Counsel, HRT)
By:
Date:
CITY OF VIRGINIA BEACH
By:
Date:
Approved as to Funding Sufficiency:
By: (Director of Finance)
Approved as to Legal Sufficiency (City Attorney, Virginia Beach):
By:
8
Exhibit B
LOCAL COST SHARE REIMBURSEMENT AGREEMENT
BETWEEN
CITY OF VIRGINIA BEACH
AND
VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION
This Agreement (the "Agreement"), is made and entered into on
, 2016, by and between the CITY OF VIRGINIA BEACH ("City"), a
municipal corporation of the Commonwealth of Virginia, and the VIRGINIA DEPARTMENT
OF RAIL AND PUBLIC TRANSPORTATION ("DRPT"), an agency of the Commonwealth of
Virginia, (collectively, "Parties").
RECITALS
Whereas, the Transportation District Commission of Hampton Roads, d/b/a Hampton Roads
Transit("HRT"), intends to complete the procurement of light rail vehicles (the "Vehicles"); and
Whereas, the contract to purchase the Vehicles (the "Vehicle Purchase Contract") will
include certain milestone payments required at the initiation of specified tasks (the "Progress
Payments"). A breakdown of the contemplated milestones and Progress Payments is set forth in
Exhibit A, which is attached and incorporated; and
Whereas, the Vehicle Purchase Contract will anticipate a 30 month delivery timeline, so a
notice to proceed issued by HRT prior to December 2, 2016, provides sufficient lead time for
delivery of the vehicles to allow testing and commissioning prior to an anticipated December 2019
revenue operations date; and
Whereas, the City represents that Vehicle procurement may be cancelled if the notice to
proceed (the "NTP") is not authorized by the City and issued by HRT on or before December 2,
2016. There is no penalty anticipated with the decision to withhold the NTP until December 2,
2016; and
Whereas, following the November 2016 election and before December 2, 2016, the City
could request that HRT not issue the NTP and cancel the Vehicle procurement; and
Whereas, the City represents that HRT will submit a grant application to the DRPT for an
out-of-cycle grant for 100% of the cost to purchase the Vehicles and such grant requires a 50%local
cost share ("Local Match"); and
Whereas, the City Council has authorized the City Manager to enter into a binding
agreement with DRPT to reimburse DRPT for the Local Match subject to the terms and conditions
set forth herein; and
Whereas, the City Manager's proposed FY2017 Capital Improvement Program includes a
request that City Council appropriate sufficient funds for any Progress Payments anticipated in
FY2017;
Whereas, the DRPT intends to provide a capital assistance grant to HRT for the purchase of
the Vehicles;
WITNESSETH
NOW, THEREFORE, in and for the mutual promises and covenants contained herein, the
receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. For each Progress Payment identified in Exhibit A, including "On-Site System Support" and
"Spare Parts" payments, DRPT shall make a payment request to the City for reimbursement of
the Local Match, which shall be 50% of the Progress Payment associated with the applicable
milestone. The "Cost Implication of Delayed NTP" shown on Exhibit A, totaling approximately
$552,000.00, shall be paid entirely by the City.
2. The City shall within 10 business days of receipt of a payment request from DRPT provide the
Local Match to DRPT with the manner of payment mutually agreeable to the Parties.
3. If no NTP is issued because the City Council determines not to proceed with the acquisition of
the Vehicles,the City shall be responsible for any and all costs of cancellation.
4. With the exception of those amounts that are currently appropriated, the City's obligations in
this Agreement are subject to appropriation of the outstanding funds by the City Council on or
before 1 July 2016. At a minimum, to the extent of funds appropriated, this Agreement shall be
fully binding on the Parties.
5. The City Manager's Proposed Capital Improvement Plan shall include funding sufficient to pay
the Local Match for any Progress Payment anticipated in FY2017. The City Manager shall
include in subsequent Proposed Capital Improvement Plans funding for the Local Match in all
such fiscal years required to satisfy the City's Progress Payments of the Vehicle Purchase
Contract.
6. The City shall repay DRPT (and the Commonwealth of Virginia) the full amount of any of their
payments, penalties, fees, or any other charges, and any outstanding payments due related to the
acquisition of the Vehicles in the event that (1) HRT does not issue a notice to proceed with the
manufacturing of the Vehicles by December 2, 2016 under the Vehicle Purchase Contract; or (2)
the City cancels the extension of the Tide Light Rail System to the Town Center Section of the
City.
7. The City will assist HRT in the completion of any grant administration requirements or
reporting requirements for a grant of state funds by DRPT.
8. This Agreement shall govern the funding of the acquisition of the Vehicles. The City confirms
that it is not eligible for any additional reimbursement by the Commonwealth for amounts
identified in this Agreement as a Local Match.
9. Authority. By signing below, each Party acknowledges and agrees that it has the authority to
enter into this Agreement and to perform their proposed respective obligations hereunder, and
that by entering into this Agreement it will not be in violation of any separate agreement with a
third party. Each Party represents and warrants that: (i) it has complied with all requirements of
applicable law and of its charter, bylaws, and other organizational documents, including without
limitation with respect to notices, meetings, and votes, prior to executing this Agreement; and
(ii) the person executing this Agreement on behalf of the Party is fully authorized to do so.
10. Term. This Agreement shall commence on date of execution and terminate upon the delivery
of the Vehicles.
11. Termination. The City may terminate this Agreement with 30 days written notice to DRPT.
However, termination of this Agreement shall have no effect on the repayment obligation of the
City to DRPT set forth herein.
12. Assignment. No Party may assign or transfer any rights herein without the written consent of
the other Party.
13. Applicable Law. This Agreement shall be governed by the laws of the Commonwealth of
Virginia. The venue of any disputes shall be the City of Richmond Circuit Court of the
Commonwealth of Virginia.
14. Entire Agreement. This Agreement shall constitute the entire Agreement between the Parties,
and supersedes any prior understanding, agreement, or representation by or between the Parties,
written or oral, to the extent that they relate in any way to the subject matter hereof.
15. No Third Party Beneficiaries. This Agreement is for the exclusive benefit of, and may only be
enforced by, the Parties and their respective successors and assigns. It is not intended to benefit
or confer any rights on any other person, organization, or entity.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly
authorized representative.
DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION
By: Date:
Approved as to Legal Form(Office of the Attorney General)
By: Date:
CITY OF VIRGINIA BEACH, VIRGINIA
By: Date:
Approved as to Funding Sufficiency:
By: (Director of Finance)Date:
Approved as to Legal Sufficiency(City Attorney,Virginia Beach):
By: Date:
EXHIBIT A
PROPOSED LIGHT RAIL VEHICLE PRICING-OPTION 5(DECEMBER NTP&SIEMENS
REVISED MILESTONES)
Item Quantity Description Unit Price Total Price
No.
1 3 Low Floor Light $5,238,481 $ 15,715,443.00
Rail Vehicles
2 N/A System Support N/A $ 1,259,966.00
(Testing,training,
manuals,field
support) _
3 N/A Spare Parts N/A $ 2,246,695.00
4 N/A NTP in December N/A $ 552,000.00
TOTAL PRICE $ 19,774,104.00
1 1
Milestone Payments below exclude On-site System Support and $ 16,179,863.00
Spare Parts
Cost Implication of Delayed NTP (to be paid by the City) $ 552,000.00
$ 16,731,863.00
Item Description Milestone Tentative Tentative Milestone
Percentage Milestone Payment Due
Payment _
A. Upon written Notice to Proceed: 0% $ - 1 month after NTP
B. Upon approval of Project Target 6% $ 1,003,911.78 2 months after NTP
Schedule _
C. Upon approval of Siemens'Quality 7% $ 1,171,230.41 4 months after NTP
Assurance Plan
D. Contractor's award of sub-contracts for 30.0% $ 5,019,558.90 5 months after NTP
the main systems
E. Upon completion of first car shell 37.0% $ 6,190,789.31 14 months after NTP
F. Upon delivery of the first car 15% $ 2,509,779.45 25 months after NTP
G. Upon final acceptance of the final car 5% $ 836,593.15 27 months after NTP
$ 16,731,863.00
On-site System Support $ 795,547.00
Schedule B, Spare Parts $ 2,246,694.00
$ 19,774,104.00
clo(( a
yy � aPM
COMMONWEALTH of VIRGINIA
Commonwealtli Transportation Board
Auubrn' L.E.,Lsync,lr_ 1401 Ear Bro i Srrt'cr (804)786-2701
Cl. Virginia 23219 lax (804)786-2940
Agenda item#New Business
RESOLUTION
OF THE
COMMONWEALTH TRANSPORTATION BOARD
February 17,2016
MOTION
Made By: Seconded By:
Action:
Title: Programming of Funds for the Virginia Beach Light Rail Extension to Town Center
WHEREAS,the Commonwealth has demonstrated its support for the Virginia Beach
Light Rail Extension as a multimodal transportation solution that will have benefits for local
accessibility and mobility,while leveraging past investments in the Norfolk light rail project
known as the"Tide";and
WHEREAS, in Chapter 6 of the 2008 Acts of Assembly, Special Session II, the Virginia
General Assembly resolved to provide for the extension of the proposed light rail system in the
City of Norfolk to the beachfront in the City of Virginia Beach; and
WHEREAS, in 2009,the Virginia Department of Transportation executed an agreement
with Hampton Roads Transit and the Virginia Beach City Council to utilize revenues from the
Transportation Partnership Opportunity Fund to purchase inactive Norfolk Southern right-of-way
to be used for the future alignment of light rail from Norfolk to Virginia Beach; and
WHEREAS, in 2009, Hampton Roads Transit(HRT)initiated an Alternatives Analysis
and Supplemental Draft Environmental Impact Statement for the Virginia Beach Transit
Extension Study; and
WHEREAS, in March 2014,the City of Virginia Beach requested that HRT include an
alignment which would terminate the proposed transit extension at Town Center,in an effort to
inform the City Council on all the potential costs of a Town Center alternative as part of its
adoption of a Locally Preferred Alternative;
WHEREAS, in May 2014,the Commonwealth of Virginia and City of Virginia Beach
finalized a Term Sheet that outlined the respective funding contributions of the Commonwealth
Resolution of the Board
Light Rail
February 17,2016
Page Two
and the City for the light rail project, with the Commonwealth pledging to contribute 50 percent
of the project funding up to a total of$155 million;
WHEREAS, in May 2015, Virginia Beach City Council and Hampton Roads Transit
selected a preferred route to extend light rail from Newtown Road to Town Center in Virginia
Beach; and
WHEREAS, Section 33.2-214(B)of the Code of Virginia requires the Board to adopt by
July 1 of each year a Six-Year Improvement Program(Program)of anticipated projects and
programs and that the Program shall be based on the most recent official revenue forecasts and a
debt management policy; and
WHEREAS, after due consideration the Board adopted a Final Fiscal Years 2016-2021
Program on June 17, 2015; and
WHEREAS,the Board programmed$155 million in funding for the Virginia Beach
Light Rail Extension project(Project) in the Final Fiscal Years FY2016-2021 Program,
representing approximately 50 percent of the Project's estimated capital costs; and
WHEREAS,the Board programmed these funds based on a schedule in which it was
anticipated that in FY 2016, HRT would apply to the Department of Rail and Public
Transportation for funding to acquire light rail vehicles and the City of Virginia Beach would
apply for funding to commence construction in FY2017; and
WHEREAS the City of Virginia Beach has not yet committed its local funding share for
light rail vehicle acquisition or construction of the Project through any formal City Council
actions, nor has the City submitted a grant application for funding from the Department of Rail
and Public Transportation for funding in FY 2017; and
WHEREAS the City of Virginia Beach has not yet executed the"Memorandum of
Understanding between the City of Virginia Beach,Transportation District Commission of
Hampton Roads, and Virginia Department of Rail and Public Transportation Concerning the
Extension of Light Rail from Norfolk to Virginia Beach Town Center";and
WHEREAS the Board recognizes that the Commonwealth transportation funds
programmed for the Project could be programmed to other projects in the FY2017-2022 Six-
Year Improvement Program after those projects have been rated in accordance with the House
Bill 2 process; and
BE IT THEREFORE RESOLVED that the Board reaffirms its commitment to the
Virginia Beach Light Rail Extension Project and authorizes 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
Resolution of the Board
Light Rail
February 17,2016
Page Two
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; in the absence of such affirmative actions by the City of Virginia Beach
by the stated deadlines,the Board may reallocate these funds to other eligible projects that have
been rated in accordance with House Bill 2.
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COMMONWEALTH EAL,TH o f VIRGINIA
Commonwealth Transportation (Board
At I''T Cti'L Ldt"lit.JT. 1401 Lor 19 td Stie t (S 4) 28611^0i
:2}zainu n R91m n d,`'1rrrraia 2'3219 1 ix kSO4}-So 2041
Agenda item#14
RESOLUTION
OF THE
COMMONWEALTH TRANSPORTATION BOARD
March 16,2016
MOTION
Made By: Mr. Malbon,Seconded By: Mr. Williams
Action: Motion Carried,Unanimously
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
Programming of Funds for the Virginia Beach Light Rail Extension
to Town Center
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.
tttt##
91
Item -VI-L4
ORDINANCES/RESOLUTIONS
ITEM#65815
Removed from Agenda after affirmative vote of the MOU:
RESOLUTION to REDIRECT revenues within the Multi-Modal Fund to
enhance the City's roadways system (Requested by Councilman John
Moss)
April 5, 2016
92
Item-VI-I.5
ORDINANCES/RESOLUTIONS
ITEM#65816
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DECLARE up to 155 acres of City property located in Princess Anne
Commons to be in EXCESS of the City's needs; and, AUTHORIZE transfer of the property to the City of
Virginia Beach Development Authority for a proposed BIOMEDICAL PARK
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
April 5, 2016
II
1 AN ORDINANCE DECLARING UP TO 155 ACRES
2 OF CITY PROPERTY LOCATED IN PRINCESS
3 ANNE COMMONS TO BE IN EXCESS OF THE
4 CITY'S NEEDS AND AUTHORIZING TRANSFER OF
5 THE PROPERTY TO THE CITY OF VIRGINIA
6 BEACH DEVELOPMENT AUTHORITY FOR A
7 PROPOSED BIOMEDICAL PARK
8
9 WHEREAS, the City of Virginia Beach (the "City") established the Virginia Beach
10 Biomedical and Health Sciences Task Force (the "Task Force") to explore the creation
11 of a biomedical healthcare hub (the "Biomedical Park") in the Princess Anne Commons
12 area of the City;
13
14 WHEREAS, the Task Force was comprised of business and university leaders
15 who performed a market assessment and developed strategies to assist the City in
16 diversifying and enhancing the biomedical and healthcare industry within the City;
17
18 WHEREAS, the City has identified approximately 155 acres located between
19 Princess Anne Road and Landstown Center Way, as shown on Exhibit A attached
2 0 hereto (the "Property"), as the preferred site for the Biomedical Park's development;
21
22 WHEREAS, the City of Virginia Beach Development Authority (the "Authority")
23 was specifically created for the purpose of fostering and stimulating economic
24 development in the City and would be the entity best suited to market the Property and
25 negotiate terms for development;
26
27 WHEREAS, as a part of the development of the Biomedical Park, the Authority
28 would develop and enact development guidelines and restrictions to control the type
29 and scope of development at the Biomedical Park (the "Guidelines");
30
31 WHEREAS, prior to the enactment of the Guidelines, the Authority would seek
32 City Council approval of those Guidelines; and
33
34 WHEREAS, City staff and the Authority have determined that title to the Property
35 should be transferred from the City to the Authority to facilitate and expedite the
36 proposed development of the Biomedical Park.
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
39 VIRGINIA BEACH, VIRGINIA,
40
41 1. That up to 155 acres of City property located in Princess Anne Commons,
42 as shown in blue on Exhibit A attached hereto and incorporated herein, is hereby
43 declared to be in excess of the needs of the City of Virginia Beach.
44
45 2. That City Council, subject to acceptance by the Authority, authorizes the
46 transfer of title to up to 155 acres of the Property to the Authority.
47 4. That the City Manager, or his designee, is hereby authorized to execute
48 any and all documents to complete such transfer, so long as the documents contain
49 such terms, conditions and modifications as may be acceptable to the City Manager and
50 in a form deemed satisfactory by the City Attorney.
51
52 5. That the City Council requests and recommends that the Authority a)
53 adopt a Resolution accepting the transfer of the Property; and b) develop the Guidelines
54 for approval by City Council prior to any sale or development of the Property.
55
56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th
57 day of April , 2016.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT:
SUFFICIENCY:
kLimiona _ead
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Economic Development
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Exhibit A (Part 1)
Executive Summary
2016 Housing Choice Voucher—Annual and Administrative Plans
Department of Housing and Neighborhood Preservation
April 5, 2016
• The process for establishing and revising voucher payment standards (Chapter 8);
• The method of determining reasonable rent to owners (Chapter 11);
• Special policies concerning special housing types in the program (e.g. use of
shared housing) (Chapter 4);
• Policies concerning debts owed by families to DHNP (Chapter 17);
• Interim re-determinations of family income and composition (Chapter 12);
• Restrictions on the number of moves by a participant family(Chapter 13);
• Approval by the board of commissioners or other authorized officials to charge
the administrative fee reserve (Chapter 1);
• Procedural guidelines and performance standards for conducting required housing
quality standard inspections (Chapter 10); and
• DHNP screening of applicants for family behavior or suitability for tenancy
(Chapter 2)
Additional Detail on Plan Contents
Annual Agency Plan: This plan must be submitted annually. The plan as developed by
staff contains the following information:
- Eligibility, selection and admissions policies, including de-concentration and wait
list procedures
- Financial resources
- Rent determination procedures
- Operations and management
- Grievance procedures
- Self-sufficiency programs (FSS)
- Civil rights certifications
- Fiscal year audit
- Housing needs for the area
- Strategy for meeting housing needs
- Progress in meeting mission and goals
- Any significant amendment and substantial deviations or modifications
- Any plan elements that have been revised since the last Annual Plan certification
- A listing of the locations where key elements of the Plan can be found
3
Exhibit A (Part 1)
Executive Summary
2016 Housing Choice Voucher—Annual and Administrative Plans
Department of Housing and Neighborhood Preservation
April 5, 2016
As mentioned, many of the above requirements are contained in documents that are
maintained in the offices of DHNP. Those documents and their location can merely be
cited rather than included in this plan.
In addition to City Council adoption of the 2016 Agency Plan, there must also be
approval of two HUD required certifications. A copy of those certifications is attached to
this executive summary. The first certification is HUD Form 50077 which speaks to
DHNP's compliance with various program and statutory requirements including Fair
Housing, Title VI or the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act,
ADA regulations and various other federal laws. The second certification is HUD Form
50077-s1 which states that the Housing Choice Voucher Agency Plan is consistent with
the City's Consolidated Plan, and is previously cited.
On February 22, 2016, the Annual Plan Update was made available to the public for the
required 45-day review period. A public hearing was held on March 17, 2016, in
conjunction with our Resident Advisory Board meeting. Their comments will be
attached to the final HUD submittal along with any that are received from the general
public.
The approved Annual Agency Plan along with the two required certifications must be
electronically submitted to HUD no later than April 16, 2016, which is the required 75
days before the beginning of our Federal Fiscal Year of July 1, 2016.
Administrative Plan:
Staff has developed revisions to the 2016 plan. Primary differences between the prior
plan and this proposed revision are as follows:
• Numerous format, grammatical and organizational corrections.
• Revisions to ensure the plan reflect actual day-to-day operations of VBDHNP's
Rental Housing Division.
• Includes a revision to the statement of policies and objectives to require Fair
Housing Training of new owner participants only.
• Revision to the local preference to include a"Displacement Preference" (Chapter
4).
• Includes an insertion in the Housing Quality Standards and Inspection Policy for
lead based paint hazard cleanup of properties built prior to 1978 (Chapter 10).
• Includes an insertion in the Housing Quality Standards and Inspection Policy on
the topic of elevated lead blood levels (Chapter 10).
4
Exhibit A (Part 1)
Executive Summary
2016 Housing Choice Voucher—Annual and Administrative Plans
Department of Housing and Neighborhood Preservation
April 5, 2016
• Includes an insertion in the Housing Quality Standards and Inspection Policy on
the qualifiers of"Life Threatening Conditions" (Chapter 10).
• Includes a revision to the Housing Quality Standards and Inspection Policy to
now"require"utility activation prior to the unit inspection (Chapter 10).
• Includes a revision to the Complaints and Appeals policy to ensure that
participants have access to "all" evidence intended for use during a termination
hearing (Chapter 18).
These proposed revisions were advertised and made available along with the Annual Plan
as noted above.
5
Exhibit A(Part 2)
Summary of administrative plan changes 2016
Location Topic Change/Issue Reason
Page Statement of (G)Annual Fair housing Training. Correction of language to
1-4 Policies and Amend language and require as a reflect actual practice.
Objectives condition of program participation"new"
owners to receive Fair Housing Training.
Page Statement of Removal of PBV Project"Noah III-VII Correction of language to
1-12 Policies and from projects supported with PBV reflect actual funding of
Objectives funding for Community Housing Partners. projects.
Project converted to tenant based
vouchered by the execution of the 2016
Administrative Plan.
Page 4-3 Establishing This preference allows the
Insertion of the Displacement Preference.
Preferences and Department to provide
"This preference is extended to families
Maintaining the housing assistance to
Waiting List
who will be displaced or required to families who face
vacate housing as a result of the
acquisition of property for new homelessness as a result
construction which will receive federal of the demolition of
funds. Such housing does not include property in which federal
hotels, motels, and shelters. Certification funds is used in the
from the Department of Housing and acquisition of a
Neighborhood Preservation concerning replacement project.
the displacement due to development or
local improvement is required.
Page Housing Quality Include Lead Based Paint procedures as Update administrative
10-3 Standards and well as Elevated Lead Blood Levels plan to ensure compliance
Inspection Policy procedures. Identify owner and DHNP with HUD regulations
responsibilities associated with the proper
lead paint hazard clean up and tenant
notification. Requirements include record
management, and established time
limitation allotted for correction.
Chapter Housing Quality Life Threatening Conditions Inclusion of language to
10 Standards and (24 CFR 982.404 A) ensure compliance with
inspections policy Insert language outlining the unit and HUD regulation.
living conditions DHNP has identified as
life threatening which requires immediate
correction on the part of the owner or
participant.
1
Location Topic Change/Issue Reason
Page Inspection (2).Amend language to now require the Correction of language to
10 - 1 guidelines/Types activation of utility services prior to the ensure compliance with
of Inspections date of the unit inspection. HUD regulations.
Page Initial Inspections (A)2. Amend language to the following: Correction of language to
10-1 Inspections will be scheduled and ensure compliance with
completed within 20 business days of HUD regulations.
receipt of the RAFTA.
Page Complaints and Hearing Procedures: Correction of policy to
18-6 Appeals Amend language to ensure that ensure that the participant
participants who face program termination has access of all discovery
are entitled to examine and record"all" evidence.
documents/evidence intended for use
during the hearing proceedings.
Chapter Project Based Updated summary of committed project Update plan to reflect
19 Vouchers based vouchers. Inclusion of 2015 RFP recent changes.
award to Lawson and Second Act for PBV
funding.
2
94
Item-VI-I.7
ORDINANCES/RESOLUTIONS
ITEM#65818
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to APPOINT Gregory D. Surber to the position of Assistant City Attorney
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
April 5, 2016
1 A RESOLUTION APPOINTING GREGORY D. SURBER TO
2 THE POSITION OF ASSISTANT CITY ATTORNEY
3
4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 That pursuant to§ 2-166 of the City Code, Gregory D. Surber is hereby appointed to
8 the position of Assistant City Attorney, effective April 22, 2016.
9
10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of
11 April , 2016.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
City Attorney's Office
CA13714
R-1
March 23, 2016
95
Item-VI4.8
ORDINANCES/RESOLUTIONS
ITEM#65819
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to RENAME the City building at 409 Birdneck Circle from "Recovery Center"
to "Pathways Center at Birdneck"
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
April 5, 2016
1 A RESOLUTION TO RENAME THE CITY BUILDING
2 LOCATED AT 409 BIRDNECK CIRCLE FROM THE
3 "RECOVERY CENTER" TO "PATHWAYS CENTER AT
4 BIRDNECK"
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7 That the City Council hereby renames the City building located at 409 Birdneck
8 Circle from the "Recovery Center" to "Pathways Center at Birdneck," because this name
9 better describes the facility location and the programs located therein.
10
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of April , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
/%/tv‘(/6 ^
Pub is Works City Attorney's Office
CA13707
R-1
March 25, 2016
96
Item-VI-L 9a
ORDINANCES/RESOLUTIONS
ITEM#65820
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE:
a. $20,000 from the Virginia Department of Emergency
Management re training equipment for the HazMat Team AND a
local grant match from the Fire Department's FY 2015-16
Operating Budget
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
April 5, 2016
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS FROM THE VIRGINIA DEPARTMENT
3 OF EMERGENCY MANAGEMENT AND TO
4 AUTHORIZE A LOCAL GRANT MATCH
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 1. That $20,000 is hereby accepted from the Virginia Department of
10 Emergency Management and appropriated, with estimated federal revenue increased
11 accordingly, to the FY 2015-16 Operating Budget of the Fire Department to purchase
12 transportation training equipment and simulators for the HazMat Team.
13
14 2. That the required local match of $20,000 is available within the operating
15 accounts of the FY 2015-16 Operating Budget of the Fire Department for the HazMat
16 Team.
17
18 Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
19 of April , 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
0•
Budget and Management Services City . -y's ice
CA13712
R-1
March 23, 2016
97
Item -VI-I.9b
ORDINANCES/RESOLUTIONS
ITEM#65821
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE:
b. $41,066 from the Virginia Department of Criminal Justice
Services for the Virginia Beach Victim Witness program in the
Office of the Commonwealth's Attorney
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
April 5, 2016
I I i
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 ADDITIONAL GRANT FUNDS FOR THE VICTIM WITNESS
3 PROGRAM IN THE OFFICE OF THE COMMONWEALTH'S
4 ATTORNEY
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7 $41,066 is hereby accepted from the Virginia Department of Criminal Justice
8 Services and appropriated, with estimated federal revenues increased accordingly, to the
9 FY 2015-16 Operating Budget of the Office of the Commonwealth's Attorney for the
10 Virginia Beach Victim Witness Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of April 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:
PC/171U- (-8)) j)zn
Budget and Management Services City A =•• - s O
CA13710
R-2
March 22, 2016
98
Item -VI-I.9c
ORDINANCES/RESOLUTIONS
ITEM#65822
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE:
c. $440 from the Fire Department Gift Fund to the Fire Department
re purchase of grills for Fire Stations 5 and 16
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
April 5, 2016
1 AN ORDINANCE TO APPROPRIATE FUNDS FROM
2 THE FIRE DEPARTMENT GIFT FUND TO THE FIRE
3 DEPARTMENT
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 That $440 from the Fire Department Gift Fund is hereby appropriated, with
9 estimated donation revenue increased accordingly, to the FY 2015-16 Operating Budget
10 of the Fire Department to purchase two grills, one for Fire Station 5 and one for Fire
11 Station 16.
12
13 Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
14 of April , 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
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Budget and Management Services Gid y's ice
CA13713
R-1
March 23, 2016
II
99
Item—VI-J
PLANNING ITEM#65823
1. ASHDON BUILDERS,INC. CHANGE OF ZONING
2. TASTE UNLIMITED,LLC CONDITIONAL USE PERMIT
3. NEW LIFE PRESBYTERIAN CHURCH MODIFICATIN OF CONDITIONS
4. TAYLOR FARMS LAND COMPANY,LLC MODIFICATION OF CONDITIONS
5.NANCY C. VASDIKI/HOLLAND PLAZA CONDITIONAL USE PERMIT
SHOPPING CENTER
6. AUTO AND EXPORT,INC. CONDITIONAL USE PERMIT
7. SUE DAVIS CHANGE OF ZONING
ITEM#1 WILL BE DEFERRED TO APRIL 19, 2016
COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#1
April 5, 2016
I II
100
Item-VI-J
PLANNING ITEM#65824
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT:Item 1 (DEFERRED to April 19, 2016/DAVENPORT ABSTAIN), 2, 3, 4, 5, 6 and 7 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
April 5, 2016
101
Item—VI-J.1
PLANNING ITEM#65825
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO
APRIL 19, 2016, BY CONSENT: Application of ASHDON BUILDERS, INC. & ESTATE OF
BERTHA H. CAFFEE/ESTATE OF BERTHA H. CAFFEE, THOMAS CLAY CAFFEE, JACKIE
WELTON DAVIS, MARY MELISSA CAFFEE PEACOCK, JAMES M. SMITH, SR. (Owner):
Change of Zoning (AG-2 to R-10) Comprehensive Plan: Suburban Area re density Variance to
Subdivision Section 4.4(b): Floodplain—Princess Anne Road and Fenwick Way Conditional Change of
Zoning (AG-1 & AG-2 to R-10) Comprehensive Plan: Suburban Area re density
Subdivision Variance to Section 4.4(b) re Regulations at Princess Anne Road and Fenwick Way
DISTRICT 7-PRINCESS ANNE
Voting: 10-0
Council Members Voting Aye:
Robert M Dyer, Barbara M Henley, 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:
M. Benjamin Davenport
Council Members Absent:
None
April 5, 2016
04 Lf��
ZCity of Virginia Beach
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M.BENJAMIN DAVENPORT
COUNCILMAN PHONE: (757)425-6611
AT LARGE BDAVENPO@VBGOV.COM
In Reply Refer to 0057641
April 6, 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:
I would like to make the following disclosure:
1. I am making this disclosure regarding City Council's discussion and vote on a the
application of Ashdon Builders, Inc. and the Estate of Bertha H. Caffee for a
change of zoning, two subdivision variances, a floodplain variance, and a
conditional change of zoning with respect to land at 2344 Princess Anne Road
and the north side of Princess Anne Road, approximately 460 feet east of Fenwick
Way.
2. Davenport Management Company does business with Ashdon Builders, but not
with respect to the project that is the subject of this application.
3. I have a personal interest in Davenport Management Company, which is located
at 1604 Hilltop West Executive Center Suite 305, Virginia Beach, VA 23451.
4. I wish to disclose this interest and will abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
1604 WEST HILLTOP EXEC CENTER#305,VIRGINIA BEACH,VIRGINIA 23451
Mrs. Ruth Hodges Fraser -2- April 6, 2016
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Thank you for your assistance and cooperation in this matter.
Sincerely,
M. Ben Davenport
Councilmember
MBD/RRI
102
Item—VI-J.2
PLANNING ITEM#65826
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED
PROFFERS, BY CONSENT, Application of TASTE UNLIMITED, LLC re outdoor recreation for
Modification of Proffers to allow parking at 4097 Shore Drive (approved by City Council July 2,
2013)DISTRICT 4—BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TASTE UNLIMITED, LLC re outdoor
recreation for Modi ication of Proffers to allow parking at 4097 Shore
Drive (approved by City Council July 2, 2013)(GPINs 1476594453;
1489161962)DISTRICT 4—BAYSIDE
The following condition shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court.
•
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of April, 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
April 5, 2016
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103
Item—VI-J.3
PLANNING ITEM#65827
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT, Application of THE TRUSTEES OF NEW LIFE PRESBYTERIAN CHURCH for a
Modification of Conditions to a Conditional Use Permit re religious use at 3312 Dam Neck Road
(approved by City Council December 10, 1984)DISTRICT 3—ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of THE TRUSTEES OF NEW LIFE
PRESBYTERIAN CHURCH for a Modification of Conditions to a
Conditional Use Permit re religious use at 3312 Dam Neck Road
(approved by City Council December 10, 1984)(GPIN 1495036847)
DISTRICT 3—ROSE HALL
The following conditions shall be required:
The conditions of the December 10, 1984, Conditional Use Permit shall be replaced with the conditions
below:
1. A temporary, gravel parking lot may be used for parking as well as for the stockpile
area for the construction of the future cul-de-sac, until said cul-de-sac is constructed,
as depicted on the Concept Plan entitled, "Conceptual Subdivision Layout for 3312
Dam Neck Road Tract,"prepared by Pond & Company, dated February 12, 2016,
which has been exhibited to the Virginia Beach City Council and is on file in the
Planning Department.
2. The existing portable structure on the property shall be removed within four (4)
months of approval of this Modification.
3. When the parking lot is relocated, the elements on the church property related to this
Modification shall be installed as depicted on the Concept Plan entitled,
"Modification of Conditions Exhibit For New Life Presbyterian Church Parcel,"
prepared by Pool& Company, dated February 12, 2016, which has been exhibited to
the Virginia Beach City Council and is on file in the Planning Department. These
elements include, but are not limited to, a sidewalk along the Southern property line,
a landscape berm with a black aluminum fence and streetscape landscaping along
Dam Neck Road.
4. In the event that existing sign is replaced, the new sign shall be monument style with
a brick base and shall be no taller than eight(8)feet.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of April, Two
Thousand Sixteen.
April 5, 2016
104
Item—VI-J.3
PLANNING ITEM#65827
(Continued)
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
April 5, 2016
3‘1.1lA BE4
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.` CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
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OF OUR'N D:W4S
In Reply Refer To Our File No. DF-9527
DATE: March 22, 2016
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilson DEPT: City Attorney
RE: Taste Unlimited, LLC — Modification to CZA
The above-referenced modification to conditional zoning application is scheduled to
be heard by the City Council on April 5, 2016. I have reviewed the subject proffer
agreement, dated December 18, 2015 and have determined it to be legally sufficient and in
proper legal form. A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ks
Enclosure
cc: Nancy L. Bloom
MORE WINE, LLC, a Virginia limited liability company and
TASTE UNLIMITED LLC, a Virginia limited liability company
BAYVILLE GOLF CLUB, a Virginia nonstock corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AMENDED AND RESTATED PROFFER AGREEMENT, made this (ate day of
December, 2015, by and between MORE WINE, LLC, a Virginia limited liability company
("More Wine"), and TASTE UNLIMITED, LLC, a Virginia limited liability company ("Taste",
and collectively with More Wine, the "Grantor"); BAYVILLE GOLF CLUB, a Virginia
nonstock corporation ("Bayville", and for indexing purposes only, a "Grantor"); and THE CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the
"Grantee"), with an address of 2405 Courthouse Dr., Municipal Center, Virginia Beach, VA
23456.
RECITALS:
A. More Wine is the owner a certain parcel of property located in the City of
Virginia Beach, and further described in"Exhibit A" attached hereto (the"Property").
B. Bayville is the owner of a certain parcel of property located in the City of Virginia
Beach, and further described in " Exhibit B" attached hereto (the`Sayville Property").
C. More Wine is the lessee of the Property and the lessee of a portion of the Bayville
Property contiguous with the Property (the "Leased Property").
PREPARED BY&RETURN TO:
ANN K. CRENSHAW,ESQ. (VSB#19538)
KAUFMAN&CANOLES,P.C.
2101 PARKS AVENUE,SUITE 700
VIRGINIA BEACH,VA 23451
GPIN NO. 14799880390000 and a portion of GPIN NO. 1489-16-1962-0000
D. The existing proffers applicable to the Property are dated May 22, 2013 and were
approved by the City Council on July 2, 2013 and were recorded in the Clerk's Office of the
Circuit Court for the City of Virginia Beach on July 9, 2013, as Instrument Number
21030709000787810 (the "Existing Proffers").
E. Grantor has requested approval of this Amended and Restated Proffer Agreement
in order to modify and supersede the Existing Proffers to allow for expanded uses on the
Property, to add the Leased Property to the Proffer Agreement and to rezone the Leased Property
from R7-5 to Conditional B-2.
F. Grantee's policy is to provide for the orderly development of land for various
purposes, through zoning and other land development legislation.
G. Grantor acknowledges the competing and sometimes incompatible uses conflict
and that in order to permit differing uses on and in the area of the property and at the same time
recognize the effects of change, and the needs for various types of uses, certain reasonable
conditions governing the use of Property for the protection of the community that are not
generally applicable to land similarly zoned are needed to cope with the situation to which the
Grantor's rezoning application gives rise.
H. The conditions outlined in this Agreement have been proffered by Grantor and
allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and
the Zoning Map. These conditions shall continue in full force and effect until a subsequent
amendment changes the zoning of the Property; provided, however, that such conditions shall
2
continue if the subsequent amendment is part of the comprehensive implementation of a new or
substantially revised zoning ordinance of Grantee.
NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other
successors in title or interest to the Property, voluntarily and without any requirement by or
exaction from Grantee or its governing body and without any element or compulsion or quid pro
quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following
declaration of conditions and restrictions governing the use and physical development and
operation of the Property, and covenants and agrees that this declaration and the further terms of
this Agreement shall constitute covenants running with the Property, which shall be binding
upon the Property, and upon all persons and entities claiming under or through the Grantor, its
heirs, successors and assigns, grantees and other successors in interest or title to the Property;
namely:
1. In order to provide for the coordinated development of the Property, the Property
shall be developed in substantial conformity with that certain plan entitled "FIELD CHANGE
OF SITE DEVELOPMENT PLAN OF TASTE AT BAYVILLE FARMS, Virginia Beach,
Virginia," dated December 15, 2015, prepared by WPL (the "Plan"), which Plan has been
exhibited to the Virginia Beach City Council and a copy of which is on file with the City of
Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and
landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and
Guidelines pertaining to landscape design. The landscaping shall substantially conform as
depicted in the Plan. Vehicular ingress and egress shall be situated as depicted on the Plan.
2. The architectural design, exterior material, and color of the building constructed
or to be constructed on the Property are substantially as depicted on the two (2) elevations
3
designated as in the Existing Proffers dated May 22, 2013, prepared by Robyn Thomas
Architecture, PC have been exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning ("Elevations"). The exterior building materials are a
combination of wood board and batten, with a standing seam metal roof.
3. The property shall be used for retail sales, a seasonal produce stand, and an
eating, drinking establishment without a drive-through window, and music, including seasonal
outdoor music. The seasonal outdoor music shall be played no earlier than 12:00 P.M. nor later
than 9:00 P.M. Applicant shall provide a parking attendant on First Court Road during outdoor
music performances.
4. The signage on the Property is currently designated as "existing free standing
sign" and will remain after the development of the site. In the event the "existing free standing
sign is removed or replaced, the signage shall come into compliance with the applicable signage
requirements of the B-2 zoning ordinance.
5. As provided by Section 107(i) of the City Zoning Ordinance, and upon a finding
by the City Council that there will be no significant detrimental effects on surrounding
properties, the structure depicted on the building elevations titled "Exhibit C" to the Existing
Proffers and dated May 22, 2013 may deviate from the maximum structure height established for
this site by Section 904 of the City Zoning Ordinance. Section 904 restricts the maximum height
of any use or structure located within one hundred (100) feet of an adjoining lot zoned
Residential or Apartment district to 35 feet. Since the adjacent lot, zoned R-7.5 Residential, is
not developed and is restricted from future development by a conservation easement, a deviation
to the maximum height restriction will have no significant detrimental effect on that lot. The
4
deviation to the maximum height shall be no greater than four (4) feet for a total maximum
structure height of 39 feet.
6. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City Agencies and
departments to meet all applicable City Code requirements.
7. Further lawful conditions or restrictions against the Property may be required by
Grantee during the detailed Site Plan review and administration of applicable codes and
regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be
observed or performed by Grantor. Grantor acknowledges that additional further lawful
conditions or restrictions may be imposed by Grantee as a condition of approvals, including but
not limited to final Site Plan approval.
8. All references hereinabove to zoning districts and to regulations applicable
thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date
the conditional rezoning amendment is approved by the Grantee.
9. The Grantor covenants and agrees that(1) the Zoning Administrator of the City of
Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions
and restrictions specified in this Agreement, including (a) the ordering in writing of the
remedying of any noncompliance with such conditions, and (b) the bringing of legal action or
suit to ensure compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all
conditions shall constitute cause to deny the issuance of any of the required building or
5
occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning
Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or
this Agreement, a petition shall be filed to the governing body for the review thereof prior to
instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on
the Map the existence of conditions attaching to the zoning of the subject Property on the Map
and that the ordinance and conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department and that
they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia and indexed in the name of the Grantor and Grantee.
10. Bayville executes this Agreement to acknowledge the existence of the Modified
Proffers.
11. Except as specifically referenced herein, the Existing Proffers are hereby
superseded and of no further force and effect.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
6
WITNESS the following signatures and seals:
BAYVILLE GOLF CLUB, a Virginia nonstock
corporation
By:
Name: Ronald M. Kramer
Its: President
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
, the undersigned, a Notary Public in and for the
, whose name is signed City and State aforesai , do reby certify that Ronald M. to the
foregoing instrument as President of Bayville Golf Club, has sworn to, subscribed, and
t+�
acknowledged the same before me in the City and Commonwealth aforesaid this 1 ( day of
\acü v,bc , 2015 on behalf of said nonstock corporation.
r5,0,-)-142z, (1.)rf f&r.ti2
Notary Public
My commission expire • kr) �.�``�P Jgki ''%
Registration No.: I r �����Q�•off�j,ONWE.40.. iMiEGORATION9. .; S.
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MORE WINE, LLC, a Virginia
limited liability company
TASTE UNLIMITED, LLC,
a Virginia limited liability company
By: .---- S-2 ,
Name: __ -Li.D
Title: ` \0 ,.>
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, rN£t'eCat, ii rA) a- , the undersigned, a Notary Public in and for the
City and State aforesaid, do hereby certify that Joy fYLtGle , , whose name is signed to the
and More Wine, LLC
foregoing instrument as f�"SIG- e't of Taste Unlimited, LLC, it Virginia limited liability
gam eshas sworn to, subscribed, and acknowledged the same before me in the City and
iu .;;}} toil
Commonwealth aforesaid this i U day of J. ece '4J ,4O+3 on behalf of said limited
liability company.
ili-40y-ee,,4:4.. 4--tivi;L/\...,
Notary Public
My commission expires: 1/3 I/ ()ii
Registration No.: 1 5 ;2-1 13
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EXHIBIT A
LEGAL DESCRIPTION
MORE WINE, LLC PROPERTY
All that certain lot, piece or parcel of land, with improvements thereon and appurtenances thereto
belonging, lying and being in the City of Virginia Beach, Virginia, being known, numbered and
designated as Parcel C-2, as shown on that certain plat entitled "Subdivision of Parcel C,Property
of Bayville Farms (M.B. 163, P. 40), Bayside Borough,Virginia Beach,Virginia", which said plat
is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 250, at page 33 and 34.
Subject to that Deed of Gift of Easement from Charles F. Burroughs, Jr. et ux., et al, to Virginia
Outdoors Foundation and the Virginia Historic Landmarks Commission recorded February 3,
1983 in Deed Book 2238 at page 655. Amendment recorded November 19, 1993 in Deed Book
3303 at page 1900.
LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach
recorded in Deed Book 3859 at page 1365 and shown on plat recorded in Map Book 255 at page
38.
LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach
recorded in Deed Book 3859 at page 1368 and shown on plat recorded in Map Book 255 at page
39.
LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach
recorded as Instrument No. 200609120013 81240.
9
II
EXHIBIT B
LEGAL DESCRIPTION
BAYVILLE/LEASED PROPERTY
All that certain lot, piece or parcel of land,with improvements thereon and appurtenances thereto
belonging, lying and being in the City of Virginia Beach,Virginia,being known,beginning at a
point being the South West Corner of Parcel C-2, contained in deed recorded as Instrument
number 20130822001005490 recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach,Virginia,thence along the dividing line of Parcels C-2 and C-1 north 74'31'36"
to a point, east a distance of 256.79',thence south 15'28'24"to a point,thence south 74'31'36"
west a distance of 294.62' to a point on the eastern right of way line of First Court Road, a public
right of way,thence along said right of way along a curve the left having a radius of 1,685.00', an
arc distance of 71.05', a chord bearing of north 02'41'43"west a chord distance of 71.04' and a
delta angle of 02'24'57"to a point,thence north 74'31'36" east to a distance of 15.68' to the
point of beginning. The above described land containing 19,121 square feet or 0.439 acres.
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105
Item—VI-J.4
PLANNING ITEM#65828
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, BY CONSENT, Application of TAYLOR FARMS LAND COMPANY, LLC for a
Modification of Conditions to a Conditional Use Permit re a borrow pit at 2297 Harpers Road(approved
by City Council March 22, 2011)DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TAYLOR FARMS LAND COMPANY,
LLC for a Modification of Conditions to a Conditional Use Permit re a
borrow pit at 2297 Harpers Road(approved by City Council March 22,
2011) (GPIN 2405665160)DISTRICT 6—BEACH
The following conditions shall be required:
1. A written description, or Plan, to address the following shall be submitted prior to
issuance of an Excavation Permit for the forty- (40) acre Borrow Pit expansion: all
proposed improvements to mitigate traffic impacts; the effects of the proposal on City
streets; and, the reduction in noise, dust and other potential nuisance upon
surrounding properties.
2. Prior to the commencement of land disturbance activities on the property related to
the proposed forty-(40) acre Borrow Pit expansion, the applicant shall obtain an
Easement Compliance Review from NAS Oceana with a determination that sand
extraction is permitted under the Restrictive Use Easement. Said determination shall
be submitted to the Planning Department prior to the issuance of an Excavation
Permit for the expansion.
3. In accordance with the Navy Restrictive Easement, no explosives shall be detonated
on the site.
4. The ultimate design of the forty- (40) acre Borrow Pit expansion shall, at a minimum,
follow the guidance provided by the Department of the Navy in FAA Circular
150/5200-33B related to detention pond creation, vegetation, banks, width, depth,
shape, stocking, soils, water and additional tools, in order to reduce the potential to
attract hazardous wildlife on or near airports and how to manage those situations.
5. The location of any wells within a 5,000-foot radius of the excavation areas shall be
depicted on a survey or Site Plan and submitted to the Planning Department,
Development Services Center (DSC). Information regarding the potential for
impacts to these wells and remediation actions to be taken in the event of impacts to
yield and quality, shall be included in this submission. Acceptance of the
information and strategies to address surrounding wells' yields and quality as a
result of the forty- (40)acre Borrow Pit expansion shall be approved by the DSC, the
Department of Public Utilities and/or the City's groundwater consultant prior to the
issuance of any permits related to the Borrow Pit expansion.
6. The forty- (40)acre Borrow Pit expansion shall operate in a dust free manner.
7. In the event that wetlands are impacted, all required permits for applicable agencies
shall be obtained. A Mitigation Plan for any impacts to wetlands shall be included.
April 5, 2016
106
Item—VI-J.4
PLANNING ITEM#65828
(Continued)
8. No encroachments into existing easements shall be allowed. Access to Drainage
Easements must be provided by the applicant over all outfall systems within the area.
9. No encroachment into natural drainage channels shall be permitted unless
otherwise authorized by the DSC.
10. An Excavation Permit is required and shall be obtained prior to any excavation
activities associated with the forty- (40)acre Borrow Pit expansion.
11. The approval of the Environmental Management Plan must be obtained from the
DSC and the Department of Public Utilities with the following information prior to
issuance of the Excavation Permit for the forty- (40)acre Borrow Pit expansion:
• A water level monitoring program that uses fully penetrating, shallow monitoring
wells, with a minimum number of wells determined by the Department of Public
Utilities;
• A record of monthly manual water level measurements collected and cataloged
as well as quarterly assessments offield water quality parameters;
• A Recharge Plan that limits or reduces the quantity of groundwater discharges
from the site;
• A water balance to include inflow and discharge calculations. All information
shall be submitted to the Virginia Department of Mines, Minerals and Energy
and the Planning Department as required.
12. Dewatering of the Pit is permitted; however, a settlement basin shall be constructed
to capture suspended sediment before any discharge is released. Information related
to the dewatering operation such as location, volume to be discharged and the rate
of discharge is required and shall be submitted to the DSC prior to the issuance of
the Excavation Permit for the forty- (40)acre Borrow Pit expansion.
13. The large dump trucks used to transport the mined sand shall be restricted from
using portions of the rights-of-way as a haul route to and from the existing Borrow
Pit as well as to the proposed forty- (40) acre Borrow Pit expansion. The portion of
the right-of-way restricted from said activities includes the section of Harpers Road
located South of Dam Neck Road to the Southern terminus of Harpers Road at
London Bridge Road. In accordance with the Zoning Ordinance, a haul route shall
be submitted in accordance with this restriction.
14. The hours of operation shall be limited to 7:00 A.M. and 7:00 P.M, Monday through
Saturday. The Pit shall not be in operation on Sundays.
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 Fifth day of April, Two
Thousand Sixteen.
April 5, 2016
107
Item—VI-J.4
PLANNING ITEM#65828
(Continued)
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
April 5, 2016
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108
Item—VI-J.5
PLANNING ITEM#65829
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT, Application of NADER C. VASDIKI HOLLAND PLAZA SHOPPING CENTER, LLC for
a Conditional Use Permit re indoor recreation at 4318 Holland Plaza Shopping Center
DISTRICT 3—ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of NADER C. VASDIKI HOLLAND
PLAZA SHOPPING CENTER, LLC for a Conditional Use Permit re
indoor recreation at 4318 Holland Plaza Shopping Center
(GPIN 1476975253)DISTRICT 3—ROSE HALL
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 Fifth day of April, 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
April 5, 2016
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109
Item—VI-J.6
PLANNING ITEM#65830
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, Application of AUTO AND EXPORT, INC. J & J SHIKELLAMY, LLC for a
Conditional Use Permitsre auto repair and bulk storage at 569 Central Drive DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of AUTO AND EXPORT, INC. J & J
SHIKELLAMY, LLC for a Conditional Use Permit re auto repair and
bulk storage at 569 Central Drive (GPIN 1496678840) DISTRICT 6 —
BEACH
The following conditions shall be required:
1. With the exception of any modifications required by any of the below conditions, the
site shall be developed and maintained substantially in conformance with the
submitted Site Layout Plan entitled "569 Central Drive, Virginia Beach, Virginia. "
Said Site Layout Plan has been exhibited to City Council and is on file with the
Planning Department.
2. All vehicle repair shall take place inside the building.
3. There shall be no outside storage or display of tires.
4. The storage of vehicles shall only be permitted within the "Designated Bulk Storage
Yard," as indicated on the submitted Site Layout Plan referenced in Condition No. 1
above.
5. The bulk storage yard shall be used only for the storage of automobiles associated
with the applicant's business.
6. Any automobile, chemical or equipment storage shall be kept outside of the Special
Flood Hazard Area.
7. A six-(6)foot, solid, opaque fence shall be installed in the Northern and Southern
drive aisles as indicated on the submitted Site Layout Plan entitled "569 Central
Drive, Virginia Beach, Virginia."
8. At a minimum, street frontage landscaping shall be installed between the parking lot
and right-of-way, in accordance with the City of Virginia Beach Landscaping Guide.
9. Canopy trees shall be installed within the existing parking lot islands as is required
by the City of Virginia Beach Landscape Guide prior to issuance of a Certificate of
Occupancy.
10. Other than dead, dying or diseased vegetation, existing vegetation along the
Southern and Western property lines shall be preserved to the extent possible.
April 5, 2016
110
Item—VI-J.6
PLANNING ITEM#65830
(Continued)
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of April, 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
April 5, 2016
111
Item—VI-J.7
PLANNING ITEM#65831
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT, Application of SUE DAVIS, TRUSTEE OF THE FRANKLIN L. COX IRREVOCABLE
TRUST for a Change of Zoning from I-1 Industrial District to B-1A Limited Community Business District
at 5775 Princess Anne Road DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of SUE DAVIS, TRUSTEE OF THE
FRANKLIN L. COX IRREVOCABLE TRUST for a Change of Zoning
from I-1 Industrial District to B-1A Limited Community Business District
at 5775 Princess Anne Road (GPIN 1457947014) DISTRICT 2 —
KEMPSVILLE
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of April, 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
April 5, 2016
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112
ITEM VI-K
APPOINTMENTS ITEM#65832
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
HISTORIC PRESERVATION COMMISSION
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
April 5, 2016
113
ITEM VI-K
APPOINTMENTS ITEM#65833
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
SHARON L. BROWN
Three year term—06/01/2016—05/31/2019
AUDIT 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
April 5, 2016
114
ITEM VI-K
APPOINTMENTS ITEM#65834
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
DEBORAH GREENFIELD
Unexpired term plus three year term—04/01/2016—03/31/2020
and
REAPPOINTED
LARRY BANKS
DANIEL BAXTER
NANCY DEGGES
SCOTT KELLAM
Three year term—04/01/2016—03/31/2019
CLEAN COMMUNITY COMMISSION
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
April 5, 2016
115
ITEM VI-K
APPOINTMENTS ITEM#65835
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
SHEILA MAGULA
Two year term—04/01/2016—03/31/2018
and
REAPPOINTED
CHERYL DAVIDSON
JENNIFER KREISER
SABRINA RINALDO
VICTORIA STRASNICK
Three year term—04/01/2016—03/31/2019
TED M. KUBICKI
THOMAS B. THAMES,H
One year term—04/01/2016—03/31/2017
HEALTH SERVICES ADVISORY BOARD
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
April 5, 2016
116
ITEM VI-K
APPOINTMENTS ITEM#65836
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
FRANCES WRIGHT COMPTON
Three year term—04/01/2016—03/31/2019
and
REAPPOINTED
VIVIAN E.BLAIZE
WILLIAM C.RICE
LUIS RIVERA
TERESA STANLEY
RABBI ISRAEL ZOBERMAN
Three year term—04/01/2016—03/31/2019
HUMAN RIGHTS COMMISSION
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
April 5, 2016
II
117
ITEM VI-K
APPOINTMENTS ITEM#65837
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
DANE BLYTHE
Three year term—06/01/2016—05/31/2019
To represent Parks&Recreation
and
REAPPOINTED
ROBERT CANTRELL
JEREMY JOHNSON
JOSEPH F. WALTON
Three year term—06/01/2016—05/31/2019
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
April 5, 2016
118
ITEM VI-K
APPOINTMENTS ITEM#65838
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
AMELIA ROSS-HAMMOND
One year term—04/01/2016—03/31/2017
PLANNING 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
April 5, 2016
119
ITEM VI-K
APPOINTMENTS ITEM#65839
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
MPO JAMES E.PRICE
Three year term—06/01/2016—05/31/2019
TOWING ADVISORY BOARD
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
April 5, 2016
120
Item -VI-N
ADJOURNMENT ITEM#65840
Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 9:13 P.M.
manda Finley-Barnes, MM
Chief Deputy City Clerk
Ru Hodges Fraser, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
April 5, 2016