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JUNE 21, 2016 MINUTES oNIA•BEt ..°' OUR RILIO VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 21, 2016 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the Bi-Weekly Pay in the City Council Conference Room, Tuesday, June 21, 2016, at 4:00 P.M. Council Members Present: M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr.,John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer death of mother Shannon DS Kane out of town on business Rosemary Wilson family vacation 2 CITY MANAGER'S BRIEFINGS BI-WEEKLY PAY ITEM#66054 4:00 P.M. Mayor Sessoms welcomed Patti Phillips, Director—Finance. Ms. Phillips expressed her appreciation to City Council for their continued support. Today's Briefing provides an update on this Project: City Council Briefing 1 ' 1 Status of Biweekly Pay Implementation January 2017 - lAY .,( ,,,,„„,,w„,„(h IA 2011 Finance ow son ins June 21,2016 6121/2016 The "Bottom Lines Up Front”is provided below: Bottom Lines Up Front June 21, 2016 3 CITY MANAGER'S BRIEFINGS BI-WEEKLY PAY ITEM#66054 (Continued) Below is an overview of Bi-Weekly Pay: 3 Pay Every 2 Weeks The advantages for Employees of Bi-Weekly Pay: Advantages for Employees June 21, 2016 4 CITY MANAGER'S BRIEFINGS BI-WEEKLY PAY ITEM#66054 (Continued) Below is a Salary Example: Salary Example 2016 Se.n-mon1Ny 2017 Biweekly $52,400 Salary #of paydays gross earrings #of paydays gross earrings January 2 4,366.67 2 4,030.77 February 2 4,366.67 2 4,030.77 March 2 4,366.67 2 4,030.77 Apnl 2 4,386.67 2 4,030.77 May 2 4,366.67 2 4,030.77 Jure 2 4,366.67 3 6,046.15 July 2 4,366.67 2 4,030.77 August 2 4,366.67 2 4,030.77 September 2 4,366.67 2 4630.77 October 2 4,366.67 2 4,030.77 November 2 4,366.67 2 4,030.77 December 2 4 366.67 3 6 046.15 Note:Assumption of no pay for ilustrative purposes Below are the advantages for the City of Bi-Weekly Pay: Advantages for City June 21, 2016 5 CITY MANAGER'S BRIEFINGS BI-WEEKLY PAY ITEM#66054 (Continued) Below is important Bi-Weekly Data: Biweekly Data Virginia Locality Pay Frequency Arlington County,VA biweekly Charlottesville,VA biweekly Chesapeake,VA biweekly in 2017 Fairfax County,VA biweekly Hampton,VA biweekly Henrico,VA biweekly Newport News semi-monthly and weekly Norfolk,VA biweekly in January 2017 Portsmouth,VA biweekly Richmond,VA biweekly Roanoke,VA biweekly Suffolk,VA semi-monthly Virginia Beach biweekly in January 2017 k, Below are efficiencies from Bi-Weekly Pay: Efficiencies from Biweekly I June 21, 2016 6 CITY MANAGER'S BRIEFINGS BI-WEEKLY PAY ITEM#66054 (Continued) An overview of communication and outreach is provided below: Communication and Outreach Communication and Outreach (continued) Budding a Budget 11011111111011011June 21, 2016 7 CITY MANAGER'S BRIEFINGS BI-WEEKLY PAY ITEM#66054 (Continued) Communication and Outreach (continued) Summary 1 I ‘ 1 AY 'L u June 21, 2016 8 CITY MANAGER'S BRIEFINGS BI-WEEKLY PAY ITEM#66054 (Continued) Ms. Phillips expressed special thanks to various Departments: Special Thank You'S Mayor Sessoms thanked Ms. Phillips and everyone that has worked on this Project. June 21, 2016 9 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66055 4:15 P.M. Ms. Phillips continued with her presentation regarding the Interim Financial Report: law ri .,..k, ,„..„ i1 FY16 Budget to Actual Financial TjI c,, v,m Update as of May 31,2016 Y17Ffti ince Overe.iew -i 1 Months NIB • FY16 General Fund Mies • FY16 General Fund Expenditures • Next Steps June 21, 2016 10 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66055 (Continued) Below is a "snapshot"of the FY2016 General Fund Revenues and Expenditures: 16C;FRevenutse Fxpenditttres omihnedto13(_ulr;1PN1-ra, r1, :?t3:€(� A+suow YadaRce Revenues Local (83.5%of budget) S 871.7 S 745.1 S (126.6) State (14.7%of budget) 154.2 85.5 (68.7) Federal (1.9%of budget) 19.6 17.3 (2.3) Total Revenues 31,0455 $847.9 S (197.6) Expenditures City Operations S 634.4 S 557.0 S 77,4 City Capital Projects 35.4 32.6 2.8 School Operations 416.2 ':380.4 35.8 School Capital Projects 4.2 ':, 39 -03 Total Expenditures 1090,2 9 Less Amounts Funded from Fund Balance Encumbrances/Carryforwards at 6/30/15 S 10.7 City and School Capital Protects 15.9 Waste ManagementFund Supped for SPSA 5.2 Rate Contract Expiration School Reversion ...12.9 Adjusted.Expenditures *3,645.S Revenues do not come in equally. Revenues are at 81.1%of the estimated Budget Revenue: FYI6 YTD General Fund Revenues Compared to Historn,1 rend at May 31, 2016 NE rt YTD ACTUAL.1847.9M ANNUAL BUDGET 51,045.531 J sew_ / / 77.1% 54.: 58.1% 48.9% 55.2% 44.6% 41.8% A. 48.6% 1 32.9% 42.0% 32.2% aA 12.5' 8.6% 14.8% 1.4% 4.Z% 9.5% - $ Na tap On Nov tie Fe tw Nav Atr elq h. Tnad -ry6MM6 Rn Md.. .. June 21, 2016 11 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66055 (Continued) FY " Gtyrwrid a st.°4113 ,.x • Still need to collect 18.9%,or,, *melees dtae — $36.7M greeter than FY16, to timing of RB&PP postings — Saks.Hotel and Meal'hat outperforming Pio expected to exceed budget — 81.1%FY16 vs 79.8%FY15 • lbad Revenue follows die trend line — Includes'hi Relief for Bldedy&Disabled of 613.111 - Includes delinquents from prior years • Several Items are on a 1.3 month lag • ibtai revenues not expecte to met - Business license,Tekcomir4, One of the most significant Revenues for the City is Real Estate which is at 89.2%of Budget: Real [:state Revenues- t;F'Portion Orth May 31, 2009 201( 113 BUDGET III, 5474.8 5463.8 $468.0 ,,y $436.4 5423.1 $ 441.1 $428.2 5443.7 17.2 95.6 taps 6w 75.2 :76:4 ..7.4 `28.8 X26.0 � �r IIiIi81IIIiI91III till6s PEAT 0.!NO "UM ell PY7,tl null P5 $ ?zO* Il I*** M4BA CdI�MSM oVTD •••••-%P4M}R... 11►Y.B,. i14.YM (MRM A �. a Tota *Total Citywide SAW of June 21, 2016 12 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66055 (Continued) As of this morning, $91.2-Million has been collected in Personal Property Taxes: 1=er.. tats! Property'I` A.c icxd t(15.: ' F' R.,‘) tQ ?11,1v ; 1, .l) �1 201(1 Yff3 BUDGET $9" $88.8 966 ... $78.7 .009 $73.7 $74.7 69.6% ■ $6S. 67.7% 64 4% 65.!% 62.9% 6 $62.6 198 j 9r 55.7Igh . 7.6 .9 .8 998 2 M $3. $3 $3 $3 $4 PLO! ~ Pra,, .9Ysr PTao 143991 .tram Prior 9% ..AcuWDu9.cn.n ®YTD r-%of Two! General Sales Taxes are up 5.6%from FY2015: General Sa es Taxes May 3I 2011 2U16 Jl;r t(cII a9 YTD up 5.6%from FY15 BUDGET w. $58.2 $89.8 $66.0 $58.7 18.01% .3 5. .aIL 83.XA3.;A 83;'% 86.X 9N• 301 910 - w5 PI'aN P/7912 MOM Pr9955 963010 g19r _..IMO Ached Co..bon. YTD -+-%of Tao! 1 June 21, 2016 13 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66055 (Continued) The City continues to do well with this Tax which is a good sign that the Resort Area and hotels are doing well overall. Specifically, taxes are up 7.94%from FY2015: 13t1s91te ss 1 ;!..^.'.1‘,1- \ 1 ,1s1\ >t, (! 1 .:016 1.113 BUDGET •N% - $46.8 $44.2$45.7 144.0 144.0 144.8$44.2 —144.9_Ian $41.3$40, $41.1 $40.7 iSI° "pi.f% !09% 100% 004 95 ► iA MK KIK: • 3B4 N . • i 1 NI 09911 FINN 8901$ mom 'Y910 IY90M,.. AoaW Collections oYTD -.-.of Taal } The City continues to do well with this Tax which is a good sign that the Resort Area and hotels are doing well overall. Specifically, taxes are up 8.3%from FY2015: Hotel 1?00i13 Tares-GF Portion tlnI 11.13 31,201 1 - 2,016 ['li of(Mal it) y�7 1117-I YTD up 8.3%from FY16 I — BUDGET $6.2 16.5 18.2 on — 0t 15.8 $6.9 5.7 15.5 5.1 $5.4 6.1 6.4 6.6 «' 97.2. N% % 93.1% 92.x'. 1- 709 � >A p' 4w 1Y911 FY 3912 mini PT 3914 1916 PENN �. Actin Collations =YTD -•-%of Tod! j June 21, 2016 14 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66055 (Continued) 1.t t 11111-1 Rof,,,r, " vc-, }E BUDGET , NO I YTD7A%Upfrom FY16I $28.4 $27.4 $27.2 7.1 $26.1 $25.4 Ws $23.8 l % $25.1 $22.7$22.1 $22.8 1 MI 11111111 PIS IP N01N Room Taa M4 Aboatlon 1N General Fund-2% TIP-6% r room night Se a; 8 PndM dge-Et aper room night , CBD TIP-4800K annually Mw !K olio FT- PY ._ L. 1513 h164$ The City continues to do well with Restaurant Meal Tax and fully expects to make Budget. This tax is up 6.5%from FY2015: Re,taxlraid.Meal Taxes-GF Portion°nit x.1,1:ii,2O„ - .tilt, Viii 3.5",,of total , 5/„) IYTD 0.0%Up from FY16 I BUDGET 446% We. $38.2 338.7 336.1 $ 34.6$38.2 —138.8 eao% $32.3 334.0.8 oil $32.8 a... $26.3 - ae% i90.1% tos% 90.% 101% A% *43$4 MB 4r o WI s ST MK sr• 2124 BE I I 1 P% cvani PT BPIS PT 10111 PT 11114 PT MS PTBMI Seise Cdl.ceo.. o YTD ..e %of Tom June 21, 2016 15 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66055 (Continued) haf t Restaurant NIL:a lTaw,: Maw 31, 201i [ClI IYTD 5.5%Up from FY15 I BUDGET $60.8 1186 1I: ! 6IF11 PY51 :. mots :PY `:. PY14 pn r're * 1..e5ut edbeeen. oven %of Total Below is a "snapshot"of the General Fund Revenues: Summary of City's GF Revenue," May31, 2016 �1 • Real E,.late'1azes S 46811 4 4172 1(9.2 12 Pe,sou.11 Properly I aces 2`).8 62,5 696 Pers.Prop.Tax Relief Act 53.4 6.5 12.2 (kttcra Sales Tas 596 5131 85.3 lltilily Taxes 25.6 21.5 84.2 TeIeectot eatil,as Taxes 182 11.11 71.3 BasioessLie etre. 46 Y 44) 95.7 • Il�tlel4 axe. 6 i (,_2 • 12e..latlrlal loses 19 7 169 `(4`I • Cigarelle1 axes I I.6 8 4 725 Human Services 28.3 21.6 76.5 Other Charge for Services 17.1 14.7 86.0 Other Local Revenues 44.5 35.9 80.6 Conernnweahh-Maintenance of Roads 48.0 35.2 73.2 Commonwealth-Human Services 30.0 25.4 84.2 • Commonwealth-Other State Revenues 22.9 18.5 80.8 "" • I etleiel Reseittie. I9.6 I7.1 88.11 • Transfers from Ot her Funds 16.9 11.3 66.7 $ 1.0453 $847.9 81.1 % •GP portion only ••/does not include PPTRA portion Note:FY16 is based on Budget,while FY15 is based on Actual. (:Tee tt-Exceed Budget Red-Under Budget June 21, 2016 16 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66055 (Continued) Year-to-Date Expenditures are at 89.3%of Budget: FY16 YTD Gene,al Fund Ex: slacditt t, s Corlapfil ell to Histul'ic; t't e n <ad Maay31, 016 1,113 91.7 YTD ACTUAL=5973.9M /, 83.�/ 89.3% U16 ANNUAL BUDGET=51,090.2M 6 / 81.6% 68.0M,„/". - 60.2% 66.0% 73.4% Yf1 52.7%/o/.57.9% 44.6% 50.6% I6816 28.4%. •5% 20.3% 27.2% 81111 12.1'. 19.7% 11.8% N1. We Air WAY DM ....'HxpeWItueT ed ..%ofF6Exp BoM1 1. Summary of City's CF Expenditures Nice; 31, 2016 Iiii Moriii WO V Salaries $ 271,248,237 $ 235,107,350 $ 36,140,887 Fringe Benefits 101,832,352 86,070,313 15,762,039 Operating Expenses 159,934,398 141,656,279 18,278,119 Capital Outlay 7,404,138 7,017,193 386,945 Leases,Land Structures&Improvements 4,763,299 4,051,435 711,864 DebtService 49,682,686 47,789,834 1,892,852 Transfers to Schools 420,402,658 384,294,606 36,108,052 Transfers to CIP 35,437,759 32,574,446 2,863,313 Transfers to Sheriff 20,556,133 18,835,388 1,720,745 Transfers to Parks and Rec 4,699,963 4,308,301 391,662 Transfers to Waste Management 5,166,556 4,736,010 430,546 Transfers to Multinodal Transportation 5,771,212 5,290,278 480,934 Transfers to Other Areas 2,256,213 2,215,307 40,906 Reserve for Conticencies 1,033,152 - 1,033,152 Total Expenditures by Type $ 1,090,188,756 $ 973,946,740 $ 116,242,016 Percent of Total 100.0% 89.3% 10.7% June 21, 2016 17 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66055 (Continued) rc,jc 1c FY1 C; ;. ! elf =ut • Unassigned GF Fund Balance FY16 -$113.7M • FY17 GF Revenues $1,063.8M 6.s% 11-12% Below are the next steps: ?ext 5ttTe; NB • FY 2016 Fiscal Clow August 12.2016 • Unaudited Flnandals October 2016 • CAFR Presentation DeDecember 2016 Mayor Sessoms thanked Mrs. Phillips and her entire Team for their continued hard work. June 21, 2016 18 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD NAVIGATIONAL DREDGING ITEM#66056 4:26 P.M. Mayor Sessoms welcomed Phillip Roehrs, Water Resources Engineer — Public Works. Mr. Roehrs expressed his appreciation to City Council for their continued support on these projects: City Council Briefing June 21, 2016 Below is an Overview of Hurd's Cove SSD Program: Outline: r-Hurds Cove Participation Adjustment ➢Chesopeian Colony Participation Adjustment ➢Bayville Creek 4-Year Rate Adjustment 'A-Potential Policy Revisions June 21, 2016 19 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD NAVIGATIONAL DREDGING ITEM#66056 (Continued) Below is the Map adopted by City Council on January 20, 2015. It is important to note, a number of the properties that are included were located "way" up-stream: r t 'c'z'4,ette, -.' r,,il mit /,/44. /......‘. Ilir, ‘,,, llOOw"11� i. Allti ; 4 ;,,„,.. 44) / r ✓�, [a®o- When briefing neighborhoods, Staff uses the slide below to discuss the "risks”of the SSD Program: Risks: Environmental permits Encroachment approval Real estate bottom rights Real estate valuation changes Cost escalation assumption(5%annually) June 21, 2016 20 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD NAVIGATIONAL DREDGING ITEM#66056 (Continued) The entire area highlighted below is above mean-low water, meaning it is all "mud-flat": -fes r ',--:v r 'h ill ., , 'I i i(if si _I at.jtj 1:21=I ddk 11: 11k Mt Any dredging performed beyond the highlighted area below would have required the City pay mitigation costs: J .. ,C `\ A y imilllll, mur !I Estimated Cost Savings �� Is1 Mitigation $354.400 ) 14 p! Dredging $300 a6, c total $747.067 R.� 6 Properties Removed ri (HC71-HC76) i i g Ii ///a I/ 3 1./a lead rati I, . 1121 June 21, 2016 21 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD NAVIGATIONAL DREDGING ITEM#66056 (Continued) After working with the community leadership and, with their concurrence, below are the sixteen (16) properties that are recommended for removal. The City invited all original District members to another information meeting on April 27, 2016: , , '...„..1 ,,,AorNi ® '� „, *at\44, f 1:,,-x://,f w#14, imv ,/ „y_ , 8 ily%. 14 4.iii V eimoi. fir` fP / / �� ' Below is the total project cost as modified: Ado i ted Modified Estimated Total $3,549,539 $5,323,391 Project Cost Percent Increase - 50% Average Annual Cost/Property $2,438 $3,657 Any adjustments in the rate after the initial dredging is complete,or at the end of Year 4,will not use a 5% inflation factor as has been used in this example, it will use a reasonable factor for both inflation and assessment growth. Y June 21, 2016 22 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD NAVIGATIONAL DREDGING ITEM#66056 (Continued) Below is the Map adopted by City Council on August 13, 2013: ,h►,Nre .0., ./. /i; Ai lir ,rr '\:.v,0-Ittfr---;-. .',., r /.......,,,. /,/ Ay ay. /.6$. a•--� � � iii` � 7 `4, WR ojim ir:A 2,1 111. 1 1, k ,, aafff.A1/ 0 II ' I j,A ,-fie1 & \1II -i�00��•t1�`et:iiy�,;�11t off•►,��ffl{Of•:i fffr'• ♦` ♦ ��/' aI b,��i`�►0**_. �iT,, Two properties are being removed from the SSD: xtS1- F, Sr J / / ' C - lib ----)7. • June 21, 2016 23 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD NAVIGATIONAL DREDGING ITEM#66056 (Continued) /Tiv :�r 20'4DE 04:-e CHAEL V.' Sr' y `,, MEI \ SS / .,9i „, There may be an additional modification with the eight (8) properties below that may not be granted access by the adjacent property owner: ,l / • , \low_ , ,, • 15' NIDE CFA`NNEL _imp le" t _,,±>,..'..‘,-.:-<- 4 June 21, 2016 24 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD NAVIGATIONAL DREDGING ITEM#66056 (Continued) Below is the Map adopted by City Council on March 27, 2012: :: it'MpauwvTr",viwo.i op .1 0 s .u` at wPoottivArar *IV C., ,,/----- roji r® BE ,,,-/ asimis=a The property owners requested the channel be modified and made longer by approximately 600 feet: ;+r t . ,a June 21, 2016 25 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD NAVIGATIONAL DREDGING ITEM#66056 (Continued) Below are the proposed changes to the SSD: Changes Channel Length Channel marker cost Channel Width Transfer pier cost Dredge depth Design cost increase Dredge volume Mitigation cost Dredging unit rate Real Estate cost Dredging cost Below is the total project cost as modified: Adopted Actual Total SSD Cost $294,000 $705,805 (Cycle i) SSD Rate 36.3 C 56.9 C Avg.Annual Cost $4,916 $7,706 per Property June 21, 2016 26 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD NAVIGATIONAL DREDGING ITEM#66056 (Continued) After having completed numerous SSD's, Staff recommends these potential Policy changes: Potential Policy Changes Procedure for Establishing an SSD Removing Properties from an SSD Adding Properties to an SSD Below is the proposed Procedure for Establishing an SSD: Procedure for Establishing an SSD Rate re-calculation every 4 years after adoption or upon completion of a construction cycle, whichever is later Design & construction funding division between City and SSD based on ratio of dredge volume • Mitigation funding division based on location of impacts Refined definition of City Spur and SSD Channel Properties that may voluntarily opt-into the SSD Include an additional segment of City funded dredging in the uppermost of coves to compensate for stormwater sediment loads June 21, 2016 27 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD NAVIGATIONAL DREDGING ITEM#66056 (Continued) Below are the proposed recommendations for REMOVING properties from an SSD: Removing Properties from an SSD Property can be removed if it cannot be served due to engineering, permitting or legal issues • Rate impact study City Council briefing if SSD rate needs to be increased > 25% SSD rate adjusted during 4 year re-calculation if increase is< 25% Refund of SSD levies for removed properties Plus interest if approved by City Council Less the amount paid to 3'd parties for design, legal or engineering costs Below are the proposed recommendations for ADDING properties to an SSD: Adding Properties to an SSD Properties may be added to an SSD if: No increase to the SSD rate for the existing district Total affirmative petition percentage for the entire district is>8o% Affirmative petition percentage for the added cove is not< 5o%, Modification occurs in sufficient amount of time for added properties to be included in the permit application Added property owners contribute an entry fee to offset costs associated with the additional length of channel Ordinance to modify the SSD will be presented to City Council 20 Mayor Sessoms thanked Mr. Roehrs and the City Stafffor their work on this Project. June 21, 2016 28 CITY COUNCIL COMMENTS ITEM#66057 5:02 P.M. Councilman Moss advised he has, with the help of the City Attorney's Office, reviewed the Oyster Trust Fund and found that on May 11, 2004, City Council adopted an Ordinance transferring $70,000 to the oyster Heritage Trust Fund for the explicit purpose of"development of a Plan for restoring Oysters in the Lynnhaven Watershed". He has requested a copy of all invoices paid against that$70,000. Councilman Moss suggested the proposed Ordinance scheduled for today be Deferred to July 12th and a Plan be adopted prior to appropriating additional funds. Mayor Sessoms asked if anyone objected, having none, the item will be DEFERRED to July 12, 2016. June 21, 2016 29 CITY COUNCIL COMMENTS ITEM#66058 (Continued) Councilman Uhrin advised the Virginia Aquarium established an Oyster Sanctuary on the walkway between their two buildings. It is their intent to request a portion of the Oysters collected by the City to be added to that Sanctuary. June 21, 2016 30 AGENDA REVIEW SESSION ITEM#66059 5:06 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Sections 35-64 and 35-67 re the Exemption or Deferral of Real Estate Taxes for Elderly and Disabled Persons 2. Resolution to RECOGNIZE the 100th Anniversary of Fort Story 3. Ordinance to AUTHORIZE a Cooperative Agreement between City Council and the School Board re legal services to the School Board/Administration by the City Attorney in FY 2017 4. Ordinance to AUTHORIZE the City Manager to EXECUTE an extension of the term of the Ground Lease between the City and the Development Authority for the Amphitheater 5. Resolution to DECLARE an emergency due to the accumulation of excessive sand for certain properties along Sandbridge Beach 6. Resolution to AUTHORIZE a non-binding Term Sheet for the CityView Two project, REQUEST approval of the Term Sheet by the Development Authority and AUTHORIZE the City Manager and City Attorney to develop supplemental project documents 7. Ordinances to MODIFY the boundaries and AUTHORIZE a REFUND of SSD Levies: a. Hurd's Cove Neighborhood Dredging Special Service District b. Chesopeian Colony Neighborhood Dredging Special Service District 8. Ordinance to AUTHORIZE the City Manager to EXECUTE Agreements between the City and individual property owners re permitting use of the Thalia Transfer Facility for private dredging 9. Ordinances to AUTHORIZE the annual compensation for: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 10. Ordinance to APPOINT the Directors of Planning, Public Works and Parks and Recreation to serve as Viewers re streets or allies being altered or vacated 11. Resolution to REQUEST the Hampton Roads Congressional Delegation work to support the Norfolk International Airport's efforts to build a parallel runway 12. Ordinances re the Oyster Heritage Plan: 1. FY2015-16 Operating Budget of the Planning Department: a. APPROPRIATE$40,788 from Fund Balance and$16,009 from voluntary contributions b. TRANSFER$3,294 from the General Fund Reserve for Contingencies c. AUTHORIZE a Grant of$60,091 for Lynnhaven River NOW for oyster recycling, educational programs and oyster population surveys d. APPROPRIATE$40,000 to the Department of Public Works from voluntary contributions re oyster shell recycling effective July 1, 2016 June 21, 2016 31 AGENDA REVIEW SESSION ITEM#66059 (Continued) 13. AUTHORIZE permits allowing EMS agencies to operate in the City: 1. RENEWAL APPLICATIONS: American Lifeline Medical Transport, Inc. American Medical Transport, LLC Cardinal Ambulance Service, Inc. Children's Hospital of the King's Daughters Delta Medical Transport, Inc. Emergency Medical Response, LLC Heart Song Care Transport, Inc. LifeCare Medical Transports, Inc. Medical Transport, LLC Nightingale Air Ambulance Reliance Medical Transport, LLC Robbie's Ambulance Service, Inc. Special Event Providers of Emergency Medicine, Inc. Tidewater Medical Transport, LLC 2. NEW APPLICATIONS: Shore Transport Services, Inc. MB Solutions, LLC NuCare Carolina Ambulance, Inc. 14. Ordinance re Emergency Medical Services: 1. APPROPRIATE: a. $21,306 of EMS Training revenue for purchase of rescue equipment and supplies b. $16,661 of Special Event revenue to reimburse for previous remissions to Volunteer Rescue Squads for stand-by duty at special events c. $27,516 of Special Event reimbursement revenue to remit funds to Volunteer Rescue Squads for stand-by duty at special events REVISED VERSION OF ITEM#1 TO BE CONSIDERED MAYOR SESSOMS ABSTAIN ON ITEM#5(only for "The Sanctuary"property) ITEM#6 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#8 ITEM#9a/b/c/d/e WILL BE CONSIDERED SEPARATELY ITEM#12(1)a/b/c/d WILL BE DEFERRED TO JULY 12,2016 VICE MAYOR JONES WILL ABSTAIN ON ITEM#12(1)a/b/c/d MAYOR SESSOMS WILL ABSTAIN ON THE FOLLOWING FOR ITEM#13 • Children's Hospital of the King's Daughter • Emergency Medial Responses,LLC • Medical Transport,LLC • Nightingale Air Ambulance • Tidewater Medical Transport,LLC COUNCILMAN WOOD WILL ABSTAIN ON ITEM#13 (Children's Hospital of the King's Daughters) June 21, 2016 32 AGENDA REVIEW SESSION ITEM#66059 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. SHERYL SKORD, TRUSTEE FOR FLOYD E. TAYLOR IRREVOCABLE TRUST for a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations at 1217 Princess Anne Road DISTRICT 7—PRINCESS ANNE 2. MARVIN M.ROLLINS,JR/GAYLEB.ROLLINS, TRUSTEES UNDER THE MARVIN M. ROLLINS, JR.LIVING TRUST for a Modification of Proffers to a Conditional Change of Zoning from B-2 and Conditional B-2 Community Business Districts to Conditional B-2 Community Business District(approved December 10, 2002)at 601 Princess Anne Road DISTRICT 7—PRINCESS ANNE 3. BRG CASCADES EAST,LLC for a Modification of Proffers to a Conditional Change of Zoning from B-2 Community Business and A-24 Apartment Districts to PD-H2 (A-24 Apartment) (approved October 24, 2013) at 2120 Centerville Turnpike DISTRICT 1 — CENTERVILLE 4. CHARLES and KELLY PLAZA for a Conditional Use Permit(home based Wildlife Rehabilitation)at 2121 Thackeray Lane DISTRICT 7—PRINCESS ANNE 5. SANITRIA GARDNER for a Conditional Use Permit(Family Day-Care Home)at 690 Baal Court DISTRICT 2—KEMPSVILLE 6. DIANA WILSON for a Conditional Use Permit(Family Day-Care Home) at 1180 Clydesdale Lane DISTRICT 1 —CENTERVILLE 7. NORFOLK AIRPORT AUTHORITY for a Change of Zoningfrom R-5D Residential Duplex District to I-1 Light Industrial District)at Burton Station DISTRICT 4—BAYSIDE 8. CITY OF VIRGINIA BEACH for a Change of Zoning re R-10 Residential District to B-4K Historic Kempsville Area Mixed Use District;B-2 Community Business District to B-4K Historic Kempsville Area Mixed Use District; 0-2 Office District to B-4K Historic Kempsville Area Mixed Use District;R-5D Residential District to B-4K Historic Kempsville Area Mixed Use District;AG-1 Agriculture District to B-4K Historic Kempsville Area Mixed Use District DISTRICT 2—KEMPSVILLE 9. CITY OF VIRGINIA BEACH Ordinance to AMEND the official Zoning Map by the designation and incorporation of additional properties into the Historic Kempsville Area Overlay District DISTRICT 2—KEMPSVILLE COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#8 June 21, 2016 33 ITEM#66060 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees June 21, 2016 34 ITEM#66060 (Continued) Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 5:11 P.M. Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr.,John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson Closed Session 5:11 P.M. - 5:25 P.M. June 21, 2016 35 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 21, 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, June 21, 2016, at 6:00 P.M Council Members Present: M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer death of mother Shannon DS Kane out of town on business Rosemary Wilson family vacation INVOCATION: Daniel Malingumu, Father Church of the Ascension PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. June 21, 2016 36 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. June 21, 2016 37 Item—V-E CERTIFICATION ITEM#66061 Upon motion by Councilman Uhrin, seconded by Councilman Davenport, 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: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 ii ;+ OF.OUR 0,O4 S 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#66060 Page 34 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 June 21, 2016 38 Item -V-F MINUTES ITEM#66062 Upon motion by Councilman Uhrin, seconded by Council Lady Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 7,2016. Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 39 ADOPT AGENDA FOR FORMAL SESSION ITEM#66063 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 21, 2016 40 Item - V-H.1 MAYOR'S PRESENTATIONS ITEM#66064 CHAMPION FOR THE ARTS Carolyn Garrett, Chair—Arts and Humanities Commission Mayor Sessoms introduced and welcomed Carolyn Garrett, Chair —Arts and Humanities Commission. Mrs. Garrett expressed her appreciation to the City Council for the continued support of the Arts in the City. Mrs. Garrett introduced Laura A. Nguyen, Chair—Champion for the Arts Awards Committee. Ms. Nguyen advised the Arts and Humanities Commission has worked closely with the Cultural Affairs Office in conducting an Art Study and establishing a Plan. The Commission is proud to present the first "Champion for the Arts"to Barbara Lewis in appreciation of her lifelong love for, and dedication to, the Arts in the City. June 21, 2016 •0 0 t‘C v 0 •N W v 'a cnE ;••1 , ,0• ,-4 c, , , 4 g g t , 44 as ., i I •.1 g t ,t,$, .,, ,- , ,. .t.. E o q, ,I.,lt 4::,0 ,„. — , � Ct .„ vaiii a',:li ;.., ,s ::, •,4 41 Et g t cts * ,C'' 'El) ti N wz p • 6 0 ti .8 . 1 e ,,,,,,g g ,� v g A ,,, ,,, ,„ w ...0 ,, ,c c..) .,, , . R y v 41 Item- V-H.2 MAYOR'S PRESENTATIONS ITEM#66065 PROCLAMATION CAPTAIN FRANK E.HUGHLETT DAY Mayor Sessoms introduced Captain Frank E. Hughlett and presented him with a Proclamation declaring JUNE 21, 2016, CAPTAIN FRANK E. HUGHLETT DAY recognizing his meritorious service to the Navy, the Country and the City of Virginia Beach. Captain Hughlett provided tremendous support to the City as the Commander of the largest employer, Joint Expeditionary Base Little Creek—Fort Story. Captain Hughlett demonstrated outstanding leadership during his tour of duty as Commander and proved to be a wonderful partner, neighbor and facilitator to the City of Virginia Beach. Captain Hughlett expressed his appreciation to Mayor Sessoms, Members of City Council and the City of Virginia Beach. Captain Hughlett stated it has been his honor to work and live in the City of Virginia Beach. After his 30 year Navy Career, he will be retiring and happy to say he, and his family, will be making their home here in the City. June 21, 2016 cotA BF9c ' kks a=_ 1St rottamatton Whereas: Captain 9fughfett is a native of Sterling, Virginia, a graduate of Virginia Tech, and commissioned in November,1986 through Officer Candufate School-in Newport,Mode Islam and- Whereas: ndWhereas: Captain.Ifughfett assumed command of Joint Expeditionary Base Little Creek- Fort Story, in 'February 2013;and Whereas: Captain 2fughfett was appointed by the Governor of Virginia to the Council on Interstate Compact for the Education ofMilitary Children and is an alumnus of the Civic Leadership Institute class of 2015. Captain 22fughlett holds a Masters in Science and and Joint Campaign(Planning from the National Defense Vniversity,Joint Advanced War Fighting Schoo4 and- Whereas: ndWhereas: His command tours include Commanding Officer, Maritime Civil Affairs and Security Training Command, Commanding Officer, (Provincial Reconstruction Team and Forward Operating Base Farah Afghanistan; and Commanding Officer, Beach Master 'Unit Two. Additional tours include Chief of Staff, Naval- oeditionary Combat Command(Pacific, Chief of(Plans and(Policy, Stability Division, Headquarters, International Security Assistance Force, Afghanistan, Executive Officer and Antisubmarine Wafare Officer, 'USS Chosin; Weapons Officer and Combat System Officer, VSS Ramage(DDG 61)and Gunnery Officer,First Lieutenant and Combat Information Center Officer VSS Berkeley(DDG 15,. and 'Whereas: Jfis personal decorations include the Legion ofMerit(2 Awards),Bronze Star,Defense Meritorious Service Medals (two awards) Meritorious Service Awards medals (three awards), Naval Commendation medals (three awards),and-Navy and Marine Corps achievement medals(three awardsj•and Whereas: As Commander Joint Eveditionary Base Little Creek-Tort Story Captain lfughlett has been an exemplary City manager/Mayor of the largest employer in the city of Virginia Beach;and Whereas: (He managed a base of several thousand acres that is utilized by the nation's finest warriors including Marines, SEALS, Evfosive Ordnance and Demolition technicians, the Coast Guard,4)S Army and multiple other commands and activities including large ships;and Whereas: He carried out these activities in a fashion befitting the finest in Naval service;and- Whereas: ndWhereas: Captain .9fughlett has been a great neighbor and facilitator between the city's largest employer, its employees,and the citizens of the City of Virginia Beach;and- Whereas: ndWhereas: Captain.fughlett epitomizes the concept of an officer and a gentleman in the finest tradition of Navy service and is a patriot anda warrior Now,Therefore,I,`Dl i Tiam D.Sessoms,Jr.,Mayor of the City of Virginia Beach,Virginia,do hereby(Proclaim: ,dune 21, 2016 Captain Franks. 2 ugh(ett Day In Virginia Beach, and I encourage all citizens celebrate Captain 7fughlett's work as Commander at Joint Expeditionary Base Little CreekTort Story over the previous three years and his decades of service to our country. In Witness Whereof I have hereunto set my hand and caused the OfficialSealof the City of Virginia Beach, Virginia, to be affixed this Twenty-first day of June,Two Thousand Sixteen • - • 'William D.Sessoms,Jr. Mayor 42 ADD ON MAYOR'S PRESENTATIONS ITEM#66066 RESOLUTION RECOGNIZE 100th ANNIVERSARY OF FORT STORY Mayor Sessoms introduced Lt. Colonel John W. Penree, Deputy Commander—Joint Expeditionary Base Little Creek—Fort Story and presented him with a Resolution RECOGNIZING the 100`"ANNIVERSARY OF FORT STORY. Colonel Penree expressed his appreciation to Mayor Sessoms, Members of City Council and the City of Virginia Beach. June 21, 2016 43 Item- V-H.3 MAYOR'S PRESENTATIONS ITEM#66067 PROCLAMATION PARKS AND RECREATION MONTH July 2016 Mayor Sessoms introduced Michael Kalvort, Director — Parks and Recreation, and presented a Proclamation declaring July 2016 "Parks and Recreation Month. " Mayor Sessoms encouraged all citizens, city members and civic organizations to join him in supporting the City's Parks and Recreation programs by visiting a community recreation center,park or other natural area. Mr. Kalvort expressed his appreciation to City Council for their continued support of Parks and Recreation. June 21, 2016 tN `B.c G of oo S,;T L tkr+4. .oOUR R1t�� 0 F 4, Ii; inn Whereas: q'arks and recreation programs are an integral part of the City of Virginia Beach with 266 parks and parkfacifities,seven community recreation centers, 7,069 acres ofparkland and open space; and 144Cereas: Eighty-three percent of the community resides within a half-mile walk;to a park and Whereas: (Parks and recreation programs are vitally important to establishing and maintaining the quality of life in our community, ensuring the health of all citizens,programming active and passive activities for citizens, and contributing to the economic and environmental well-being of our community;and Whereas: Parks and recreation is an integral part of Vision 2040, contributes to the achievement of the goals in the Sustainability Plan,and supports the Vr6an Forest Management Plan;and- Whereas: (Park,s and recreation programs provide therapeutic recreation and inclusion services for individuals ta!ith cognitive or physical needs;and- Whereas: ndWhereas: The Parks and&creation Department is the largest youth development provider in the city serving over 8,800 children annually;and- Whereas: ndWhereas: Parks and recreation programs increase a community's economic prosperity through increased property values, increased tourism, the attraction and retention of businesses, and crime reduction;and Whereas' Parks and natural areas improve water quality, improve the quality of the air we breathe, and produce habitat for wildlife;and 'Whereas: Parks and natural areas and open space provides a place for children and adults to connect with nature and recreate outdoors;and Whereas: The Trust for Public Land recently ranked Virginia Beach as one of the best park systems nationally and- Whereas: ndWhereas: The Parks and&creation(Department is a CAM Accredited agency. Now,Therefore,I,William D.Sessoms,Jr.,Mayor of the City of Virginia Beach,do hereby Proclaim: jug 2016 Parcalems nat In Virginia Beach, and I encourage alt citizens, city members and civic organizations to join me in supporting our(Parks and&creation programs 6y visiting a community recreation center,pa rk or natural area. In Witness' hereof I have hereunto set my hand and caused the Official-Sear of the City of Virginia Beach, Virginia, to 6e affixed this Twenty-first day of June, Two ThousandSirteen. /1/411 Ly----.... r William D.Sessoms,Jr. 1r~ *_ s`' .Mayor ,, ...„,,......„0.,,,..„, , ,. .,:,, .,.t. ,-,,., . 4 44 Item - V-L1 PUBLIC HEARINGS ITEM#66068 Mayor Sessoms DECLARED A PUBLIC HEARING: MODIFY BOUNDARIES OF NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICTS(SSD): a. Hurd's Cove There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING June 21, 2016 45 Item - V-L2 PUBLIC HEARINGS ITEM#66069 Mayor Sessoms DECLARED A PUBLIC HEARING: MODIFY BOUNDARIES OF NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICTS(SSD): a. Chesopeian Colony The following registered to speak: Mike Aschkenas, 2805 West Point Court, Phone: 463-6941, spoke in OPPOSITION. Mr. Aschkenas advised over thirty-five (35) properties have been removed from the Chesopeian Colony SSD and an additional eight (8) more may be removed. This is the fifth cut from the SSD. Mr. Aschkenas asked the City Auditor review this project as he does not feel this is right. Ed Schwab, Jr., 2813 N. Kings Road, Phone: 486-6347, spoke in OPPOSITION. Mr. Schwab advised he is one of the property owners blocking eight (8) surrounding property owners from participating in the SSD. The Channel was dredged back in 1993 and Mr. Schwab met with City Staff to discuss a plan to mitigate the problems with the earlier dredging from happening again. The initial dredge in 1993 costs his family over $50,000 to repair the bulk-head damaged by the City. After nothing materialized, Mr. Schwab wrote a letter to the former City Manager, Jim Spore, advising him the City cannot trespass on his property. Daniel Greenberg, 4124 Ewell Road, Phone: 202-483-9411, spoke in OPPOSITION. Mr. Greenberg advised there are a number of problems with the SSD, including the increase of costs. The costs have been drastically underestimated and there are a number of inconsistencies in the project. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING June 21, 2016 46 Item- V-J ORDINANCES/RESOLUTIONS ITEM#66070 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council APPROVED, BY CONSENT:Agenda Items 1(REVISED VERSION), 2, 3, 4, 5, 7a/b, 8(MOSS VOTE VERBAL NAY), 10, 11, 12(1)a/b/c/d(DEFER TO JULY 12, 2016/VICE MAYOR JONES ABSTAIN), 13, 14(1)a/b/c. Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 47 Item -V-J.1 ORDINANCES/RESOLUTIONS ITEM#66071 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, the REVISED Ordinance to AMEND City Code Sections 35-64 and 35-67 re the Exemption or Deferral of Real Estate Taxes for Elderly and Disabled Persons Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 .C,ORRECTED VERSION 1 AN ORDINANCE TO AMEND SECTIONS 35-64 AND 2 35-67 OF THE CITY CODE PERTAINING TO THE 3 EXEMPTION OR FREEZE OF REAL ESTATE 4 TAXES FOR ELDERLY OR DISABLED PERSONS 5 6 SECTIONS AMENDED: §§ 35-64 and 35-67 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Sections 35-64 and 35-67 of the City Code are hereby amended and 12 reordained to read as follows: 13 14 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing 15 home, etc. 16 17 (a) Either the exemption or freeze, but not more than one (1), as provided for 18 in this division shall be granted to persons subject to the following provisions: 19 20 (1) The title to the property for which exemption or freeze is claimed is held, 21 or partially held, on June thirtieth immediately preceding the taxable year, by the person 22 or persons claiming exemption or freeze and is occupied as the sole dwelling of such 23 person or persons. 24 25 (2) The head of the household occupying the dwelling and owning title or 26 partial title thereto or either spouse in a dwelling jointly held by a husband and wife is 27 either permanently and totally disabled or is sixty-five (65) years of age or older on June 28 thirtieth of the year immediately preceding the taxable year; provided, however, that a 29 dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five 30 (65) years of age. 31 32 (3) For the tax exemption programs, the total combined income received 33 from all sources during the preceding calendar year by: (i) the owner or owners of the 34 dwelling who use it as their principal residence and (ii) the owner's or owners' relatives 35 who live in the dwelling, shall not exceed fifty thousand six hundred and sixty eight 36 dollars ($50,668) fifty two thousand three hundred and forty dollars ($52,340) provided 37 that the first ten thousand dollars ($10,000.00) of income of each relative, other than a 38 spouse of the owner, who is living in the dwelling, shall not be included in such total: 39 and provided further that the first ten thousand dollars ($10,000.00) or any portion 40 thereof of income received by a permanently and totally disabled owner shall not be 41 included in such total. 42 43 . . . . 44 46 Sec. 35-67. Amount of exemption. 47 48 When a person claiming exemption under this division conforms to the standards 49 and does not exceed the limitations contained in this division, the tax exemption shall be 50 as shown on the following schedule: 51 52 Total income, 53 All Sources Tax Exemption 54 $0.00 $38,668.00 $0.00 - $39,944 100% 55 $38,668.01 $41,668.00 $39,944.01 - $43,043.00 80% 56 $41,668.01 $44,668.00 $43,043.01 - $46,142.00 60% 57 $41,668.01 $47,668.00 $46,142.01 - $49,241.00 40% 58 $47,668.01 $50,668.00 $49,241.01 - $52,340.00 20% 59 60 No lien shall accrue as a result of the amount certified as exempt. 61 62 BE IT FURTHER ORDAINED: That this ordinance shall be effective for 63 applications seeking tax relief for the tax year commencing on July 1, 2016. Adopted by the City Council of the City of Virginia Beach, Virginia, on this n/ 13-- day of 3 LA"..e. , 2016. APPROVED AS TO CONTENT: APPR ED AS TO LEGAL SUFFICIENCY: i96jj .Y Av Budget and Management Services Cit ey's Office g gY Y CA13763/R-1/June 6, 2016 48 Item-V-J.2 ORDINANCES/RESOLUTIONS ITEM#66072 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT,Resolution to RECOGNIZE the 100th Anniversary of Fort Story Voting: 8-0 Council Members Voting Aye: M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 Requested by Mayor Sessoms 1 A RESOLUTION RECOGNIZING THE 100TH 2 ANNIVERSARY OF FORT STORY 3 4 WHEREAS, Fort Story bears significant historical reference to the beginning of 5 our country; and 6 7 WHEREAS, in 1607, colonists first landed at Cape Henry where Fort Story is 8 now located before resettling to Jamestown, Virginia with the landing site represented 9 by a granite cross on National Park Service land; and 10 11 WHEREAS, in 1781, at the end of the Revolutionary War, the French Fleet led by 12 Admiral de Grasse blockaded the bay just offshore preventing the British forces at 13 Yorktown from receiving reinforcements, thus forcing Lord Cornwallis to surrender to 14 General George Washington; and 15 16 WHEREAS, in 1791, the first federally funded public works project, the Cape 17 Henry Lighthouse, was commissioned to guide maritime commerce at the mouth of the 18 Chesapeake Bay with completion in 1792. A new lighthouse was completed in 1881 and 19 is still in use; and 20 21 WHEREAS, in November 1909, President William Howard Taft remarked while at 22 Cape Henry, "We should put up a gigantic fortress right here between these capes" 23 referring to Cape Henry and Cape Charles and the Army purchased land at Cape Henry 24 prior to World War I; and 25 26 WHEREAS, in March 1914, the Virginia General Assembly ceded 343 acres in 27 six parcels to the federal government which was known as the Cape Henry Military 28 Reservation which has grown to 1451 acres; and 29 30 WHEREAS, in July 1916, Virginia Governor Henry Stuart, in conjunction with the 31 War Department, broke ground on the fledgling Fort which was officially named after 32 Major General John P. Story on July 24,1916; and 33 34 WHEREAS, in February 1917, Lieutenant Colonel Daniel Warren Ketcham, U.S. 35 Military Academy class of 1890, became the first post commander with two artillery 36 companies arriving on post from Fort Monroe; and 37 38 WHEREAS, Fort Story was the first Anti-Aircraft Artillery Instillation; and 39 40 WHEREAS, on October 1, 2009, the former Naval Amphibious Base Little Creek 41 and Fort Story merged as part of the 2005 Base Closure and Realignment Commission 42 recommendation to establish twelve "Joint Bases" and is officially is now officially 43 named Joint Expeditionary Base Little Creek-Fort Story; and 44 45 WHEREAS Fort Story is utilized by all branches of the military, especially Naval 46 Special Warfare, U.S. Marines, U.S. Coast Guard, Navy Explosive Ordinance and 47 Disposal Technicians, and it is the Army's preeminent site for Logistics Over The Sea 48 Training. 49 50 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia 51 Beach, that Fort Story be recognized for its role in U.S. and Virginia history on the 100th 52 anniversary of its establishment Adopted by the City Council of the City of Virginia Beach, Virginia, this 21st day of June , 2016. APP' e ED AS TO LEGAL SUFFICIENCY: e. rr ney's Office CA13767 R-2 June 10, 2016 49 Item -V-J.3 ORDINANCES/RESOLUTIONS ITEM#66073 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a Cooperative Agreement between City Council and the School Board re legal services to the School Board/Administration by the City Attorney in FY2017 Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr.,John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2017 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided 10 legal services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; 12 13 WHEREAS, the Cooperative Agreement for FY 2016, which expires on June 30, 14 2016, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and 15 renewed each fiscal year ...;" and 16 17 WHEREAS, City Council agrees that it is in the best interests of the City and the 18 School Board for the Office of the City Attorney to continue to provide legal services to the 19 School Board pursuant to the revised Cooperative Agreement for FY 2017. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council hereby approves the Cooperative Agreement for FY 25 2017, a copy of which is attached hereto. 26 27 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 28 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of June , 2016. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney CA13766 R-1 June 9, 2016 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2017 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution,the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases,the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery Page 2 of 7 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE,the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of three and one half(3 '/)attorney positions(or 5,775 hours per year)and one(I)paralegal position during FY 2017. The services to be provided as follows: A. The City Attorney will assign three attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 5,775 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Dannielle Hall-Mclvor, Assistant City Attorney, and an Assistant/Associate City Attorney to be hired for FY17. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one Paralegal on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits Page 3 of 7 matters, contracts, general administrative and procedural issues, litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney,or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board,the City Attorney will use his best efforts to make such an assignment(s)as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement,the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and Page 4 of 7 applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration,and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. Page 5 of 7 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $534,502.00 from its FY 2017 Operating Budget to the FY 2017 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of three and one half(3.5) attorneys and one (1) Paralegal. IDT requests of 25%of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2016 and ends June 30, 2017, and may be revised, as necessary, and renewed each fiscal year thereafter;provided,however,that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120)days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: �� Daniel D. Edwards, Chairman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on Juwe "1) , 2016. By: ate,-;.-4,e..., Z moo•-Y•-o — School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms,Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2016. By: City Clerk Page 7 of 7 50 Item -V-J.4 ORDINANCES/RESOLUTIONS ITEM#66074 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an extension of the term of the Ground Lease between the City and the Development Authority for the Amphitheater Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN EXTENSION OF THE 3 TERM OF THE GROUND LEASE BETWEEN THE 4 CITY OF VIRGINIA BEACH AND THE CITY OF 5 VIRGINIA BEACH DEVELOPMENT AUTHORITY 6 FOR THE AMPHITHEATER 7 8 WHEREAS, the City of Virginia Beach (the "City") leased approximately 96.81 9 acres of land located in Princess Anne Commons off Dam Neck Road (the "Property") 10 to the City of Virginia Beach Development Authority (the "Authority") for the 11 development of an amphitheater (the "Ground Lease"); 12 13 WHEREAS, the initial term of the Ground Lease expires on September 15, 2030; 14 15 WHEREAS, the Authority entered into a sublease (the "Facility Lease") with 16 Cellar Door Venues, Inc. (the "Tenant") for the construction, operation and maintenance 17 of an amphitheater (the "Amphitheater") on the Property; 18 19 WHEREAS, the initial term of the Facility Lease expires December 31, 2026; 20 21 WHEREAS, the Facility Lease contains a covenant against competition (the 22 "Covenant"), which could interfere with the Authority's planned role in the proposed 23 sports and entertainment arena (the "Arena"); 24 25 WHEREAS, the City, the Authority and the Tenant now desire to amend the 26 terms of both leases to extend the expiration dates of both leases until December 31, 27 2031, and to document the waiver of the Covenant as it applies to the Arena; and 28 29 WHEREAS, City Council is of the opinion that the continued success of the 30 Amphitheater and the development of the Arena are in the best interest of the citizens of 31 the City. 32 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 1. That the City Manager is hereby authorized to execute an amendment to 37 the Ground Lease between the City and the Authority extending the term from 38 September 15, 2030 until December 31, 2031, in accordance with the Summary of 39 Terms attached hereto as Exhibit A and made a part hereof. 40 41 2. That City Council requests and recommends that the Authority adopt a 42 Resolution extending the term of the Ground Lease and Facility Lease and documenting 43 the waiver of the Covenant. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 21 stday of June 6 46 , 20 . APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY A • • City Attorney Economic Development CA13477 .,vbgov.com\DFS I,Applications\CityLawProdlcycom32\WpdocsID003\P021\00286223.doc R-1 June 13, 2016 EXHIBIT A SUMMARY OF TERMS AMENDMENT TO AMPHITHEATER GROUND LEASE BETWEEN CITY OF VIRGINIA BEACH AND THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY GROUND LEASE: LANDLORD: City of Virginia Beach TENANT: City of Virginia Beach Development Authority PROPERTY: Portion of GPIN: 1484-49-3328, consisting of 96.81+/- acres located off Dam Neck Road in Princess Anne Commons INITIAL TERM: Thirty-five (35) years (9/15/95—9/15/30) or 2 days after Facility Lease expires (whichever is earlier) EXTENSION OF GROUND LEASE: Fifteen months and sixteen days / New expiration date: 12/31/31 • All other terms and conditions set forth in the Ground Lease remain unchanged and in full force and effect. RECOMMENDATION OF AMENDMENT TO THE FACILITY LEASE (Sub-Lease): LANDLORD: City of Virginia Beach Development Authority TENANT: Cellar Door Venues, Inc. PROPERTY: Portion of GPIN: 1484-49-3328, consisting of 96.81+/- acres located off Dam Neck Road in Princess Anne Commons INITIAL TERM: Thirty (30) years commencing 1996 / expires 12/31/26 (the last day of the 30th year) EXTENSION OF FACILITY LEASE: Five (5) years/ New expiration date:12/31/31 WAIVER OF COVENANT: The parties agree that the planned Arena does not violate the covenant against competition currently in the Facility Lease. • All other terms and conditions set forth in the Facility Lease remain unchanged and in full force and effect. 51 Item-V-J.5 ORDINANCES/RESOLUTIONS ITEM#66075 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Resolution to DECLARE an emergency due to the accumulation of excessive sand for certain properties along Sandbridge Beach Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson **Mayor Sessoms ABSTAINED specifically on "The Sanctuary"property June 21, 2016 1 A RESOLUTION DECLARING AN EMERGENCY DUE TO 2 THE ACCUMULATION OF EXCESSIVE SAND FOR 3 CERTAIN PROPERTIES ALONG SANDBRIDGE BEACH 4 5 WHEREAS, sand has accumulated on certain improved properties adjacent to 6 Sandbridge Beach; 7 8 WHEREAS, the accumulated sand has in some cases built up to and over fences 9 that surround inground swimming pools rendering the swimming pool safety fences 10 enclosing such pools ineffective, and has raised the sand level adjacent to some 11 bulkheads to the point that sharp surfaces upon such bulkheads are exposed to foot 12 traffic, thus creating a public health and safety hazard; 13 14 WHEREAS, the owners of the affected properties desire to resolve the hazards 15 created by the accumulated sand by removing the sand and placing it back upon the 16 public beach (the "Sand Management Activities"); 17 18 WHEREAS, to the extent the Sand Management Activities involve grading or 19 reshaping existing dune or beach areas, such activities must be performed in 20 compliance with the Virginia Beach Coastal Primary Sand Dune Zoning Ordinance, 21 which generally requires a permit to be issued by the Wetlands Board; 22 23 WHEREAS, Section 1602(k) of the Coastal Primary Sand Dune Zoning 24 Ordinance empowers the City Council to declare an emergency for the purpose of 25 protecting the public health and safety, and such declaration would allow the owners of 26 the properties subject to the declaration to undertake the Sand Management Activities 27 without the necessity of a Wetlands Board permit; 28 29 WHEREAS, the owners of the properties identified on the list attached hereto as 30 Exhibit A, have requested that the City Council issue an emergency declaration to allow 31 them to remove sand from their property, deposit it on the beach and grade the beach 32 and city staff have reviewed the information submitted and recommends approval of an 33 emergency declaration as to the identified properties. 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 38 The City Council finds and declares that the accumulation of sand on the 39 properties identified on the attached Exhibit A constitute an emergency affecting the 40 public health and safety and authorizes the owners of said properties to remove sand 41 from their property, deposit it on the beach and grade the beach in accordance with the 42 following conditions: 43 44 1. The removal, deposit and grading of the sand resulting shall be conducted in 45 accordance with permits issued by the City Manager or his designee in 46 conformity with the requirements of City Code Section 6-13 ("the Section 6-13 47 Permit(s)"). The Sand Management Activities authorized by this resolution 48 and the Section 6-13 Permits shall not require Wetlands Board approval. 49 2. The Planning Department shall issue the Section 6-13 Permits with 50 reasonable conditions that shall protect the beach and dune to the greatest 51 extent possible while allowing for reasonable sand removal, placement and 52 grading. 53 3. The application for the Section 6-13 Permits shall be accompanied by plans, 54 which shall not be required to be signed or sealed by a professional engineer, 55 provided the plans are otherwise satisfactory to the Planning Department. 56 4. Applications for the Section 6-13 Permits shall be promptly submitted to the 57 Planning Department and all work shall be completed within thirty (30) days of 58 the issuance of the permit. Adopted by the Council of the City of Virginia Beach on the 21st day of JuneAdopted 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planni • Department City Attor''s Office CA13761 R-4 June 10, 2016 EXHIBIT A 2576 Sandfiddler Road 2832 Sandfiddler Road 2952 Sandfiddler Road 3212 Sandfiddler Road 3324 Sandfiddler Road 3348 Sandfiddler Road 3352 Sandfiddler Road 3508 Sandfiddler Road 3512 Sandfiddler Road 3524 Sandfiddler Road 3648 Sandfiddler Road 3700/3738 Sandpiper Road (The Sanctuary) a�40.1.41A BE,4„ , City of Vir irzia I 3 a.ch r 4 q� e� SOF OUR �k�Ns NA VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYORBUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.corn In Reply Refer to 0058202 June 21, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution declaring an emergency due to the accumulation of excessive sand for certain properties along Sandbridge Beach. 2. One of the twelve properties that are the subject of the resolution is owned by The Sanctuary. The Sanctuary has disclosed that TowneBank is one of its financial services providers. 3. I have a personal interest in TowneBank, which is located at 600 22"d Street in Virginia Beach, and I will abstain from voting on this resolution as it applies to The Sanctuary. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- June 21, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, William D. Sessoms Mayor WDS/RRI 52 Item -V-J.6 ORDINANCES/RESOLUTIONS ITEM#66076 The following registered to speak: Robert K. Dean, 1204 Shawn Drive, Phone: 427-6606, spoke in OPPOSITION. Mr. Dean read a prepared statement, a copy of which is made a part of the record. Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED, Resolution to AUTHORIZE a non-binding Term Sheet for the CityView Two project, REQUEST approval of the Term Sheet by the Development Authority and AUTHORIZE the City Manager and City Attorney to develop supplemental project documents Voting: 6-1 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Robert M. Dyer Shannon DS Kane Mayor William D. Sessoms,Jr. left meeting early Rosemary Wilson June 21, 2016 1 RESOLUTION APPROVING A NON-BINDING 2 TERM SHEET FOR THE CITYVIEW TWO 3 PROJECT, REQUESTING APPROVAL BY THE 4 CITY OF VIRGINIA BEACH DEVELOPMENT 5 AUTHORITY AND AUTHORIZING THE 6 DEVELOPMENT OF SUPPLEMENTAL PROJECT 7 DOCUMENTS 8 9 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 10 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 11 have engaged in negotiations with representatives of CityView Two, L.L.C. (the 12 "Developer"), and its affiliates, regarding the development and construction of a mixed- 13 use project in the Town Center area of the City (the "Project"); 14 15 WHEREAS, the proposed Project would be constructed in three phases and would 16 include apartments, a limited service hotel, commercial space and structured parking; 17 18 WHEREAS, the Project would be a further expansion of the City's ongoing Town 19 Center project; 20 21 WHEREAS, the Developer has worked with the City Manager and City staff to 22 develop a non-binding Term Sheet dated June 14, 2016 (the "Term Sheet"), which 23 outlines a comprehensive development plan for the Project; 24 25 WHEREAS, a summary of the Term Sheet is attached hereto as Exhibit A (the 26 "Summary of Terms") and made a part hereof; 27 28 WHEREAS, the obligations of the Authority outlined in the Term Sheet would 29 include incentive payments to the Developer; 30 31 WHEREAS, the City Council believes that the Project will stimulate the City's 32 economy, increase public revenues, enhance public amenities and further the City's 33 development objectives at Town Center; and 34 35 WHEREAS, the City Council desires that the Authority approve and execute the 36 Term Sheet and pursue the development of supplemental project documents to be 37 negotiated in substantial conformity with the terms outlined in the Term Sheet. 38 39 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 1. The City Council approves the Term Sheet, a summary of which is 43 attached hereto as Exhibit A and incorporated herein. 44 2. The City Council requests and recommends that the Authority adopt a 45 resolution consistent with this Resolution approving the Term Sheet and authorizing its 46 execution. 47 48 3. The City Manager and the City Attorney are hereby authorized and 49 directed to proceed with the development of supplemental Project documents 50 necessary and appropriate to implement the Project substantially as outlined in the 51 Summary of Terms. 52 53 4. The City Manager is directed to return the final supplemental Project 54 documents to City Council and the Authority for approval prior to execution of those 55 documents. 56 21st 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 58 of June , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Aft Yt Stra -•is G •wth Area Office City Attorney CA13613 VAvbgov.com\DFS IAApplicationsVCityLawProdAcycom32\WpdocsVD010AP025V00295296.doc 6/10/16 R-1 EXHIBIT A SUMMARY OF TERMS CITYVIEW TWO, L.L.C. 1. Scope of Proposed Project • Phase I: Two Structures / $44.4MM Developer Investment "Constitution 2" - 6-level mixed-use with 13,500 sq. ft. of office space and 64 apartment units "Constitution 4" - 8-levels of apartments with 138 units and a 7-level parking structure with 481 spaces • Phase II: One Structure/ $5.0MM Developer Investment "Constitution 1" - 3-level commercial building with 24,000 square feet of office space • Phase III: One Structure/$12.6MM Developer Investment "Constitution 6"—multi-level mixed-use building consisting of a limited service hotel with 110-120 rooms and 4,000-5,000 sq. ft. of office, retail or restaurant space 2. Developer Obligations • Develop and construct entire Project • Total estimated private investment: $62MM • Maintain and operate structured parking • Structured parking to remain free and open to public, subject to reasonable rules and regulations established by Developer. • Construction of Project to comply with City Council's Small Business Enhancement Program. 3. Authority Obligations • Pay the Developer incentive payments (the incremental real estate taxes paid at the Project), to offset the additional costs associated with the structured parking, for up to 25 years or until the total amount paid equals $10.2 MM, whichever first occurs. • Payments commence after completion of"Constitution 2". • Authority has the right to terminate payments if(i) entire Project is not completed within 72 months of completion of"Constitution 2" or(ii) construction on the hotel is not commenced within 36 months of completion of"Constitution 2". 4. Thalia Greenway • Developer, or affiliate of Developer, will sell to the City an easement necessary for the construction of the Thalia Creek Greenway over the Project Area and portions of adjacent parcels to the west. • Purchase Price = $300,000. i. - f, ...z,...- ..„.... .. ------I --- , ri 01 fg A..- . N N , Z ,.., 0 "...„....__„„. ,..., . Co N -er IN ..."..Q l'. -' N , Cr ri. , . Z 2 , , . w Z .., ... ..,. , 0 -44. 2 - ' .•: „ ,,... U 0 —i N1 NOC1S11 Nrihifiri -,.. 11 r .i I ..c,-. F. ‘4,t) I , I ' 1 Itfet.I7 'I..) (..4-. 't *1 ' tt,' r : . , I would like to point out a couple of things I find rather disturbing about this project. Can the City Attorney state for the record that Mayor Sessoms has not taken part in any of the discussions as they pertain to the project? Because TowneBank is financing this project, has Mayor Sessoms attended any meetings with staff or any of the principals who have a vested interest in this project, or has he recused himself physically from any such meetings, including any executive session, informal session, and especially this formal session where the gavel needs to be turned over to either the Vice Mayor Jones if Mr. Jones has no financial conflicts of interest with any of the developers and/or partners, or if he does, turn the meeting over to the next member of council? Another person who has a financial interest in this project is Ronald Ripley, who has been serving on the Planning Commission for the last 7 years. Has Mr. Ripley also recused himself from any meetings where this project was being discussed? Is Mr. Ripley sill a member of the Workforce Housing Board? Looking at the site and documents provided, I see no mention or location of a BMP as required by the Ches. Bay Regs. Is it something I've overlooked? If it it's not being required, who approved the decision and will that decision result in the storm-water running off directly into Thalia Creek, which flows north into the Lynnhaven River, under the Lesner Bridge and into the Ches. Bay? Would someone with an astute business acumen please explain to me how it's possible by any stretch of an imagination that this project could be classified as economic development. Parking garage to be free and open to the public. What public? Unless you're living in the apartments or visiting a resident; unless you're doing business in an office; unless you're staying or visiting the hotel or its retail/ restaurant, you simply will not be parking in the garage. And please don't insult the taxpayers by saying more parking is needed in Town Center.You would have to walk through the condo complex to get to Town Center, and it's a rarity, if ever, the Town Center parking lots are full. And when it's stated that these apartments will stimulate the City's economy and enhance public amenities, please tell me how much the Development Authority gave to the new WalMart on Columbus or the $25 million Kroger Marketplace on Holland Road? Or the Haygood Shopping Center. Or the Collins Square Shopping Center, or any of the hundreds of shopping centers and business parks in our city? By approving this proposal, you are in quite simple terms, picking winners and losers. This is the antithesis of what we know as capitalism and free enterprise. And it flies in the face of what made America great, the free market.There is nothing free about this project and it's a slap in the face of every other developer in our city who isn't looking for corporate welfare or subsidies. It certainly would be interesting to hear Mr. Jones' take if this were a new funeral home proposal and the developers wanted an infusion of cash to help them with their parking lot or embalming room, or some other foolish notion. There is but one description suitable if you vote to approve: POLITICAL MALPRACTICE, or if you prefer, POLITICAL MALFEASANCE. i.A•BF 4 116 "` fCity of Virgirzi t I 3 ich vy a 4- S OF 0UR NN-0 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYORBUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com In Reply Refer to 0058203 June 21, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution approving a non-binding term sheet for the CityView Two project, requesting approval by the City of Virginia Beach Development Authority and authorizing the development of supplemental project documents. 2. City View Two, L.L.C.—the developer—has disclosed that TowneBank is its financial services provider for this project. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- June 21, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, -//A/4/ illiam D. Sessoms Mayor WDS/RRI 53 Item-V-J.7a ORDINANCES/RESOLUTIONS ITEM#66077 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinances to MODIFY the boundaries and AUTHORIZE a REFUND of SSD Levies: a. Hurd's Cove Neighborhood Dredging Special Service District Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr.,John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 1 AN ORDINANCE TO MODIFY THE BOUNDARY OF THE 2 HURD'S COVE NEIGHBORHOOD DREDGING SPECIAL 3 SERVICE DISTRICT AND TO AUTHORIZE THE REFUND 4 OF SSD LEVIES 5 6 WHEREAS, the City Council established the Hurd's Cove Special Service District 7 (the "SSD") by ordinance (ORD-3394), which was adopted January 20, 2015; and 8 9 WHEREAS, due to engineering, permitting, legal impediment, or wetlands 10 mitigation issues, the SSD requires modification to remove parcels from the SSD 11 because the parcels cannot be served by the enhanced services or facilities for which 12 the SSD was established; and 13 14 WHEREAS, the January 2016 general obligation bond sale the City's new money 15 bonds had a true interest cost of 2.438%; and 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the boundaries of the Hurd's Cove SSD are modified to reflect the map 21 attached hereto as "Attachment A," with a GPIN and Address list of the parcels to be 22 removed in "Attachment B." 23 24 2. That the parcels removed from the SSD are to be issued a refund from the 25 Capital Project established for such the SSD of levies collected for the SSD and such 26 refund shall include interest calculated using the nearest whole number interest rate as 27 the City's most recent general obligation bond sale with interest compounded annually. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21st day of June , 2016. Requires an affirmative vote by a majority of all of the members of City Council. A it AS TO CONTENT:AI APPROVED AS TO CONTENT: ao, , . _ P ► 1 ; D,_J.,; ty T c asurer's office Public Wo ks APPROVED AS TO LEGAL SUFFICIENCY: � J ity rney''Office CA13751 R-1 May 27, 2016 ‘Pr -7,'"wirOWAIllalb , w+- -motilL4010041,41 ,.\\ 41111wrap WriirM\ i I :4 ri OD 0 eitir SI _.ii4: •_ 0 . \ - 7-4t,74.-iwa"4' 44 ' V. DT' 41111 _ 70\.7. 6 414, r • a \ Az • folp de \ . agisflee ',04 '6 •42 . 0 pi \ \ 40° ‘ ullIV liebO - a \ A . . ,,,, • 0 0 ° lir • ----41,400., *it, lio 0 1* Air-. _ cf. Iligrir 1 1 4 ittlr.-leve \--AI, *as. 1 4144: , la itiAito witpr-- 1 '''''1•410 , : _,ILI\ 400 , 4(„,, molt A 1LW6 40. ' 4 0 Wei I / ./ . 41i IL. 0 it, 0 / sio,•-• SNIP 0 Aoto,0 ) , I ' / iiii 1040 ,tin iir Nerattb*** LA I I Uwd I ,,A. -.pi-- rAw Eii----- oft, 11. 04, ,,,firy :it • Buildings r wart° ° * * 11 .440i 4 Ciry Property waws.—mwe** t. . - - - Hurds Cove Neighborhood Dredging - May 2016 ,.i. SUPPORT "Attachment A" ATTACHMENT B—HURDS COVE PROPERTIES TO BE REMOVED Number GPIN Address HC5 14982310680000 943 QUAIL RUN QUAY HC6 14982330110000 947 QUAIL RUN QUAY HC10 14982279200000 955 QUAIL RUN QUAY HC65 14983101780000 3083 BRAY RD HC67 14981281920000 954 HURDS RD HC71 14980075460000 3200 QUEENSBURY DR HC72 14980065280000 3204 QUEENSBURY DR HC73 14980067350000 3208 QUEENSBURY DR HC74 14980047570000 3212 QUEENSBURY DR HC75 14980037380000 3216 QUEENSBURY DR HC76 14980028320000 3220 QUEENSBURY DR HC87 14972913540000 3024 WATERGATE LN HC88 14972923940000 3020 WATERGATE LN HC89 14972943130000 3016 WATERGATE LN HC90 14972942950000 3012 WATERGATE LN HC91 14972964670000 3009 BRAY RD 54 Item -V-J.7/b ORDINANCES/RESOLUTIONS ITEM#66078 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinances to MODIFY the boundaries and AUTHORIZE a REFUND of SSD Levies: b. Chesopeian Colony Neighborhood Dredging Special Service District Voting: 8-0 Council Members Voting Aye: M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr.,John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 1 AN ORDINANCE TO MODIFY THE BOUNDARY OF THE 2 CHESOPEIAN COLONY NEIGHBORHOOD DREDGING 3 SPECIAL SERVICE DISTRICT AND TO AUTHORIZE THE 4 REFUND OF SSD LEVIES 5 6 WHEREAS, the City Council established the Chesopeian Colony Special Service 7 District (the "SSD") by ordinance (ORD-3300), which was adopted August 13, 2013; and 8 9 WHEREAS, due to engineering, permitting, legal impediment, or wetlands 10 mitigation issues, the SSD requires modification to remove parcels from the SSD 11 because the parcels cannot be served by the enhanced services or facilities for which 12 the SSD was established; and 13 14 WHEREAS, the January 2016 general obligation bond sale the City's new money 15 bonds had a true interest cost of 2.438%; and 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the boundaries of the Chesopeian Colony SSD are modified to reflect the 21 map attached hereto as "Attachment A," with a GPIN and Address list of the parcels to 22 be removed in "Attachment B." 23 24 2. That the parcels removed from the SSD are to be issued a refund from the 25 Capital Project established for such the SSD of levies collected for the SSD and such 26 refund shall include interest calculated using the nearest whole number interest rate as 27 the City's most recent general obligation bond sale with interest compounded annually. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21st day of June , 2016. Requires an affirmative vote by a majority of all of the members of City Council. A•PROVED AS TO CONTENT: APPROVED AS TO CONTENT: A.,JOC1,0454S6- � y Tr-asurer's'iffice Public Wsrks • APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA13752 R-1 May 27, 2016 tan44::104 :, wg —1. 1,-- h,\77:4:N444-4:111440N0. ii owir,. 4 , et • ‘„, i,* ii., • 4 ii4in 4r illir 4110)&Aim 4Il 1 i 0, • di'MD II i t silk'w) - ' - - A iiicittuco Ink, .N4 Fv*/ Abia &royal, k4 • 4.4%. 4431 Kib. Al& N\ 4 ,,. Fir 141-1pP"-- lir ‘4)111424 odivAdr4ir • t7A lig 411'10 ' 1 ao P'' Se) 4,,t,„,, it pi all ill IL Ism la 1111.,..,..!........7• VI, '' ",, 44 '''' 411114 4 ;,..., 111-1"1-'VS rlAt V ....- r ''''''‘N • .-. -- N 11111111111 111515k7 2r,/ W\ WU 11111111mo ii&4. 4... ,.W;' ip la '111110 moil 1111111111.16.. 19`i 541001"1"- ' • P. . m gmi 'illiode4111111ar-461,17- 0 i-,,-„ Pt Ater.7 -'wvz 4 4 tert,41% at IA 41 OA* ly ....,..._ 14 r-11;- 5*/ ,T*.mii 40 MIL weiligt* - 41,01, / *---- - 411111101-1,4•An Nall IIMet I 4‘ 2r/RAMillerist alla I ' — - — Elsor 1 W. 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Buildings .itaa Piri 1 I ilmomilELII Will I •i1111 X:\Projects\ARC Files\Dredging\Western Branch Lynnhaven RiverNeighborhood Dredging Maps\Chesopeian Colony\Attachment A Rev.5-25-16 I MANI 1.It INC:.‘ [ Su?poRT Chesopeian Colony Neighborhood Dredging 0 350 700 Attachment A May 2016 I Feet 1,400 .1• ‘:',"•:•-i.`t:',' ATTACHMENT B—CHESOPEIAN COLONY SSD-PROPERTIES TO BE REMOVED Number GPIN Address C114 1497-56-6596-0000 2705 CHESTER FORESTER CT C80 1497-58-3127-0000 520 CHESOPEIAN TR 55 Item-V-J.8 ORDINANCES/RESOLUTIONS ITEM#66079 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE Agreements between the City and individual property owners re permitting use of the Thalia Transfer Facility for private dredging Voting: 7-1 Council Members Voting Aye: M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Robert M Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 1 AN ORDINANCE AUTHORIZING THE 2 EXECUTION OF USE AGREEMENTS 3 BETWEEN THE CITY AND INDIVIDUAL 4 PROPERTY OWNERS PERMITTING USE OF 5 THE CITY-OWNED THALIA TRANSFER 6 FACILITY FOR PRIVATE DREDGING 7 PROJECTS 8 9 WHEREAS, numerous waterfront property owners in the City of Virginia 10 Beach ("Owners") have expressed interest in hiring private contractors to dredge the 11 waterway adjacent to their properties for the purpose of improving navigation and 12 ecological conditions within such waterway (the "Waterway"); 13 14 WHEREAS, Owners and their proposed contractors do not possess 15 adequate options to transfer the dredged material from the Waterway onto trucks in 16 order to accomplish proper disposal; 17 18 WHEREAS, the City owns a dredged material transfer facility known as 19 Thalia Transfer Facility, located at the southern terminus of the Western Branch 20 Lynnhaven River Channel near Virginia Beach Boulevard; 21 22 WHEREAS, Owners have requested permission to use Thalia Transfer 23 Facility to aid in the dredged material disposal process; and 24 25 WHEREAS, in the opinion of the Council of the City of Virginia Beach, 26 allowing Owners to use the Thalia Transfer Facility for transfer of the dredged materials 27 will be beneficial for the preservation of the safety, health, peace, good order, comfort, 28 convenience, and welfare of the people of the City of Virginia Beach. 29 30 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council authorizes the City Manager or his designee to 34 execute a Facility Use Agreement for use of the Thalia Transfer Facility, between the 35 City and any such property owner holding a valid permit to conduct dredging of the 36 Waterway, in accordance with the Summary of Terms attached hereto as Exhibit A and 37 made a part hereof, and such other terms, conditions or modifications as may be 38 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 1 39 Adopted by the Council of the City of Virginia Beach, Virginia, on this 40 21st day of June 20 16 CA13192 \\vbgov com\DFS1\Applications\CityLawProd\cycom32\Wpdocs\D019\P019\00173389.doc R-1 June 10, 2016 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P � r 4. Ocavv_htiiettubeu is.ty oLtiu Public orks City Attorney 2 EXHIBIT A THALIA TRANSFER FACILITY USE AGREEMENT THIS AGREEMENT, made and entered into as this day of , 20 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the "City" and , hereinafter referred to as the "User"; WHEREAS, the User is a property owner who owns property along a waterway within the City of Virginia Beach located at [or attach a map/plat], which is in need of dredging to improve or restore navigability (the "Waterway"); WHEREAS, the User has applied for permits to dredge the Waterway and has hired (the"Contractor") to manage and accomplish said dredging; WHEREAS, the User and the Contractor do not possess adequate options to accomplish the transfer of dredged materials from waterborne vessels to dump trucks to be hauled to a disposal site; WHEREAS, the City is owner of Thalia Transfer Station, a dredged material transfer facility located at the southern terminus of the Western Branch Lynnhaven River channel near Virginia Beach Boulevard(the"Transfer Facility"); WHEREAS, pursuant to ORD # , City Council has authorized the use of the Transfer Facility for transfer of dredged material from projects such as this, subject to the execution of a Use Agreement in this format; and WHEREAS, upon receipt of all necessary permits, the Transfer Facility will be suitable for the transfer of dredged material. NOW, THEREFORE, that for and in consideration of the mutual and public benefits derived from the dredging of the navigable waterways, the City does hereby grant to the User the non-exclusive right and privilege to enter, occupy and use the Transfer Facility in accordance with the attached plan entitled "[EACH USER WILL BE REQUIRED TO SUBMIT A PLAN FOR APPROVAL — insert plan name here], " which plan is incorporated into this Agreement and made a part hereof pursuant to the following terms and conditions: 1. Costs of Improvements: Any and all improvements to the Transfer Facility necessary to accomplish the dredging shall be made by the User at no cost to the City and shall become the property of the City. User shall not make any modifications or improvements to the Transfer Facility without express written permission from the City. 2. Erosion and Sediment Bond: To warrant the User and the Contractor's performance in the transfer of materials at the Transfer Facility, in accordance with all federal, state and local laws, an Erosion and Sediment bond in the amount of I$XXXX] will be purchased by the Contractor and will remain in full force and effect until the termination of this Agreement. 3. Design Requirements: All improvements to the Transfer Facility and plans for its use shall be designed by a qualified professional engineer and be in compliance with all applicable federal, state and local development standards and policies. All plans and improvements shall be reviewed and approved by the City in its sole discretion, prior to commencement of construction activities. 4. Hazardous Materials: The User, its successors, assigns and guarantors, agree to indemnify, defend, reimburse and hold harmless the City, its officers, employees, agents, successors, assigns and invitees of such persons, from and against any and all environmental 2 damages, claims or demands arising from the discharge of Hazardous Materials (defined below) by the User and/or the Contractor, or either party's agents or assigns at the Transfer Facility and/ or into the Waterway adjacent to the Transfer Facility or elsewhere. This obligation shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the City), even if such claims, suits or proceedings are groundless, false or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. The City, at its sole expense may employ additional counsel of its choice to associate with counsel, at the User's expense, representing the User and/or the Contractor. Any costs associated with violations of the law including, but not limited to, remediations, clean-up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the City by any regulatory agency or by any third party as a result of noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the User or the Contractor, consultants, subconsultants, or any other persons, corporations or legal entities retained by the User for this contract, shall be paid by the User. The obligations of the User under this title shall survive the expiration or termination of this Agreement. The phrase "Hazardous Materials" as used herein means any substance: (i) the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or (ii) which is or becomes defined as a "hazardous waste", "hazardous substance", pollutant or contaminant under any federal, state or local statute, regulation, rule or 3 ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601 et seq.) and/or the Resource Conservation and Recovery Act (42 U.S.C. section 6901 et seq.); or (iii) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutative, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the Commonwealth of Virginia or any political subdivision thereof; or (iv) the presence of which at the Transfer Facility and / or in the Waterway causes or threatens to cause a nuisance upon the Transfer Facility and / or Waterway or to adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Transfer Facility or Waterway; or (v) the presence of which on adjacent properties could constitute a trespass by the User; or (vi) without limitation which contains gasoline, diesel fuel or other petroleum hydrocarbons; or (vii) without limitation which contains polychlorinated biphenyls (PCBs), asbestos or urea formaldehyde foam insulation; or (viii) without limitation which contains radon gas. 5. Permit Disclaimer: This Agreement shall not be construed as approval of any ancillary dredging permit applications by federal, state or local authorities, including the City of Virginia Beach. Until the User obtains the permits necessary under applicable law to proceed with the dredging of the Waterway and the hauling of dredged material on public roadways, and provides copies of such permits to the City, this Agreement shall be invalid and of no effect. 4 6. Scheduling and Information Requirements: The Transfer Facility is utilized by the City for dredge material transfer operations related to public projects and as a public canoe/kayak launch. The User hereby agrees to coordinate the commencement of dredging and disposal operations for this project with the City and any group or organization utilizing the canoe/kayak launch. The User shall provide a complete schedule of dredging and disposal activities to the City at least two (2) weeks prior to commencement of dredging and disposal operations ("Notice"). In the event that the City and/or a City contractor is using or scheduled to use the Transfer Facility; the City, at its sole discretion may deny the User access to the Transfer Facility until such a time that the City dredge material transfer operations are complete. This requirement does not obviate other reporting requirements outlined in any permit obtained by the User. 7. Pre-Construction Meeting: Prior to commencement of dredging and disposal operations, the User will schedule a Pre-Construction meeting at the Transfer Facility with the City's Public Works Engineering — Water Resources Department. At this time, the City will issue Special Conditions specific to the project, which will depend upon the site conditions at the time of commencement of the project. The User agrees to conduct all transfer and disposal activities in conformance to these requirements. 8. Use Limitations: Use of the Transfer Facility by the User is hereby limited to the transfer of not more than cubic yards of dredged material as measured within the channel/canal of the Waterway to restore navigable water depths to the Waterway. In order to achieve this, the User (or at the User's direction, the Contractor) must: i. Perform Pre- and Post-Dredge surveys of the waterway to ascertain the volume of material dredged; 5 ii. Perform Pre- and Post-Dredge surveys adjacent to the Transfer Facility to ascertain that no material has been spilled within the area and that the required minimum depth is maintained; iii. The User and/or the Contractor will pay the City the sum of $_[ ] per cubic yard of material over the specified transfer limit if the final survey determines that the limit has been exceeded. The requirements in sections (i) and (ii) above shall be met to the satisfaction of the City in its sole discretion. The use of the Transfer Facility by the User is hereby limited to duration of no longer than calendar days. The User agrees to limit dredge material transfer operations to daylight hours only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, unless written approval is granted from the City at least forty eight(48) hours in advance. Trucks and other construction vehicles shall not utilize Thalia Road to access the site during school bus arrival and departure times for Thalia Elementary School, typically 7:35 a.m. to 8:05 a.m. (morning arrival); 11:00 a.m. to 11:30 a.m. (morning kindergarten dismissal and afternoon kindergarten arrival) and 2:15 p.m. to 2:45 p.m. (afternoon dismissal) on days when school is in session. The User shall limit dredge material transfer operations to accommodate special testing days at Thalia Elementary School. The school schedule occasionally changes. The User shall accommodate such changes as may occur. The Virginia Beach Public Schools calendar is available at http://www.vbschools.com/calendar/index.asp, adjusted dismissal information is available at http://www.vhschools.com/scho©Is/hours.asp, and the Thalia Elementary School website is at http://www.thaliaes.vbschools.com/. 6 The User further agrees that trucks leaving the site shall be no more frequent than one every fifteen (15) minutes, on average. A maximum of three (3) hauling trucks will be allowed on the Transfer Facility access road. The Contractor is required to utilize flagmen at the intersection of Thalia Road and the Transfer Facility access road to protect vehicular and pedestrian traffic and ensure safety on Thalia Road. The Contractor must coordinate with City staff to ensure the proper signage is posted during transfer operations, as directed by the City. The Contractor may have no more than two loaded barges moored at the Transfer Facility pier at the same time. 9. Site Condition at Completion: The User hereby agrees to maintain the Transfer Facility in accordance with the applicable requirements of the City and Commonwealth of Virginia with respect to erosion and sedimentation control. The User also agrees to repair any damage to the Transfer Facility site at the User's expense including, but not limited to, pavement, concrete barriers, drainage facilities, landscaping, floating piers, and gangways. 10. Site Attendant: The User hereby agrees to provide a site attendant, with work experience in dredging operations acceptable to the City in its sole discretion, on-site at the Transfer Facility at all times during dredged material transfer operations under the terms of this Agreement. The attendant shall keep close and careful watch over the Transfer Facility to detect defects in erosion and sedimentation control measures and provide security surveillance. At all times, the attendant shall be in radio contact with representatives of the Contractor to alert the Contractor of serious conditions which require assistance to control or discontinuance of dredging operations. 11. Misplaced Material: The User shall take all precautions that, in the opinion of the City are necessary; to prevent the misplacement or escape of dredged material from the Transfer 7 Facility site. Stockpiling of materials will not be permitted. In the event that defects in erosion and sedimentation control measures are detected, the Contractor will be required to discontinue dredged material transfer operations until such defects are remedied and the misplaced material recovered at the sole expense of the User, to the satisfaction of the City. The Contractor shall take all necessary measures to prevent dropping materials on public roadways. All dredged materials must be off-loaded directly from scow barge to trucks and transported directly to the disposal site. All trucks leaving the site shall be watertight and covered, and shall be loaded within legal load capacities. The User will ensure that Thalia Road and the Transfer Facility access road remain free from dredged material and other construction related debris to the satisfaction of the City, and as required to comply with all applicable federal, state, and local permits and regulations. During dredging activities, Thalia Road and the Transfer Facility access road will be cleaned at the end of each work day by utilizing broom tractors or other measures. 12. Transfer of Rights and Privileges: It is expressly agreed that the rights and privileges granted in this Agreement are not transferable. 13. Termination: The rights and privileges granted in this Agreement shall expire on or before . The City may, at its option and upon written notice to the User, suspend or revoke this Agreement as the result of the User's failure to comply with any of the terms and conditions described herein. The User may terminate this Agreement by written notice to the City of completion of work or upon abandonment of the dredging project. Within thirty (30) days of termination by either party or upon expiration, the City shall make a final inspection of the site to determine compliance with the terms and conditions contained herein. 8 Any defects discovered by said final inspection shall be reported to the User in writing and shall be corrected prior to the release of the Erosion and Sediment Bond. 14. Contractor's Responsibilities: The User acknowledges and agrees that the Contractor is the agent of the User and any act or omission by the Contractor in the performance of any obligation under this Agreement shall be deemed a breach by the User and the User shall bear sole responsibility for any acts or omission of the Contractor with respect to this Agreement. 15. Requirements For Agreement With Contractor: The User agrees that its agreement with the Contractor will be in writing and will contain (i) a provision requiring the Contractor to be bound by all provisions of this Agreement, and (ii) a provision making the City a third party beneficiary to User's agreement with the Contractor. Failure to include either provision, each satisfactory to the City in its sole discretion, shall be deemed a breach and default under this Agreement. User shall provide a copy of such contract to the City prior to the commencement of work. 16. Applicable Law: This Agreement shall be governed as to all matters whether of validity, interpretation, obligation, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been accepted by the parties in the Commonwealth of Virginia. 17. Compliance With All Laws: The User and Contractor shall comply with all federal, state and local statutes, ordinances and regulations now in effect or hereafter adopted, in the performance of the works set forth herein. The User represents that it or any contractor performing work as a part of this project possesses all necessary licenses and permits required to 9 conduct its business and will acquire any additional licenses and permits necessary to performance of this Agreement prior to initiation of work. The User further represents that [User/Contractor] is a [corporation/limited liability company/partnership] organized under the laws of the Commonwealth of Virginia and will remain so organized throughout the term of this Agreement. The User shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of the work described herein. 18. Nondiscrimination: Employment discrimination by the Contractor shall be prohibited. The User agrees it will, during the performance of this Agreement, require the Contractor to follow the following provisions: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that the Contractor is an equal opportunity employer. 10 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. 4. Contractor will include the provisions of the foregoing Sections 1, 2, and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 19. Drug-Free Workplace: The User agrees it will, during the performance of this Agreement, require the Contractor to follow the following provisions: 1. The Contractor will provide a drug-free workplace for the Contractor's employees. 2. The Contractor will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition. 3. The Contractor will state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug- free workplace. 4. The Contractor will include the provisions of the foregoing Sections 1, 2, and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 11 20. Venue: Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach, Virginia or the Unites States District Court for the Eastern District of Virginia,Norfolk Division. 21. Hold Harmless: It is understood and agreed that the User hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the User, its contractor, agents, or employees under or in connection with this Agreement or the performance or failure to perform any work allowed by this Agreement. The User shall save harmless and indemnify the City and its agents, volunteers, servants, employees and officers from and against any and all claims, losses or expenses, including but not limited to attorney's fees, which either or both of them may suffer, pay or incur as the result of claims or suits due to, arising out of or in connection with any and all such damage, real or alleged, and the User shall, upon written demand by the City assume and defend at the User's sole expense any and all such suits or defense of claims. 22. Modification: There may be no modification of this Agreement, except in writing, executed by the City Manager, or his designee, and the User. 23. Notices: All notices, requests, demands, and other communications required or permitted to be given under the terms of this Agreement shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first-class (postage-prepaid), registered, or certified mail as follows: If to the City: City Manager Municipal Center Virginia Beach, Virginia 23456 12 If to . Either party may change the address to which such communication are to be directed by giving written notice to the other party in the manner provided herein. Any notice, request, demand or other communication made pursuant to this Agreement shall be deemed to have been received by the addressee at such time as it is personally delivered or on the third business day after it is mailed, as the case may be. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: [Name of Entity] By: Title: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , of , whose name is signed to the foregoing writing, bearing dated on the day of , 20 , has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 20 . Notary Public My commission expires: My registration number: 13 CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of City Manager ATTEST: Ruth Hodges Fraser, City Clerk APPROVED AS TO APPROVED AS TO CONTENT: LEGAL SUFFICIENCY: lua4pA , OckAi•vvt,f1.0 City Attorney Public Wdrks STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , of , whose name is signed to the foregoing writing, bearing dated on the day of , 20 , has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 20 . Notary Public My commission expires: My registration number: 14 SUMMARY OF TERMS USE AGREEMENTS FOR THALIA TRANSFER FACILITY PARTIES: City of Virginia Beach and Individual Property Owners ("User") PREMISES: Thalia Transfer Facility TERM: To be determined, based on User applications RIGHTS AND RESPONSIBILITIES OF THE USER: • Hire a contractor ("Contractor") to develop and manage the dredging and removal process (the "Project"), and submit a copy of the contract and Project plans for City approval. Agreement between User and Contractor must bind Contractor to all of the provisions of the User Agreement, as applicable. City to be third party beneficiary to Agreement and Contractor's insurance. • Use the Premises for transfer of dredged materials from waterborne vessels to dump trucks to be hauled to a disposal site, and for no other purpose. • Obtain all necessary permits and provide copies to the City. • Contractor will be required to purchase an Erosion and Sediment bond in an amount to be determined by City staff. • Attend a Pre-construction meeting at the Premises with Public Works Engineering —Water Resources staff prior to commencement of the Project. • Coordinate Project schedule with City staff, and provide a final schedule of dredging and disposal activities at least 2 weeks prior to commencement of activity. • Limit operations to daylight hours only between the hours of 7:00 a.m. — 6 p.m., Monday — Friday. May not use Thalia Road during school bus arrival and departure times. • Maintain Premises during use and restore site to its prior condition upon completion of the Project. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Review plans, approve Contractor, set Erosion and Sediment bond amount, provide guidelines to User and Contractor, ensure compliance with the User Agreement. • Within 30 days of expiration or termination of the Agreement, inspect the Premises and require correction of any defects prior to release of the Erosion & Sediment Bond. • City has priority of use for the Premises, and may deny or postpone scheduled use, at its sole discretion. TERMINATION: City may revoke the User Agreement at any time upon written notice to the User, if the User fails to comply with any of the terms and conditions of the User Agreement. ,�, ;: � ..e� *' i J} " peon ell e14-1- . ,w • :, # of ' ' P , •,,,., •-,-") ,—. ",.3,1.1g,";‘,::•'''''' ... ,, *11, 4,4.:',74',4', ‘4,14 4 t:"..,N U a ' 1 0 w cn I � . Z ;JM9 ' �f LU CC I— to 4141;;.:;';';;:. I *'.'„4",;,T;N;;;;; To ui Q as Q i u r: m Lu OC Q .... :k 4 '".S to 'r . i. • / y N ) lv: VI (0 L— I— , 56 Item -V-J.9a ORDINANCES/RESOLUTIONS ITEM#66080 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the annual compensation for: a. City Manager Voting: 7-1 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Robert M Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in 2012, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, in 2013, 2014, and 2015, City Council adopted similar ordinances, 16 requiring City employees who became VRS members prior to July 1, 2010, to make 17 member contributions in an amount equal to an additional one percent of their VRS total 18 creditable compensation each of those three years and to increase those employees' 19 VRS total creditable compensation each year by an additional one percent; and 20 21 WHEREAS, in May 2016, City Council adopted the final VRS contribution 22 ordinance, effective with the pay period that includes July 1, 2016, (1) to require City 23 employees who became VRS members prior to July 1, 2010, to make member 24 contributions in an amount equal to five percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, the 2016 ordinance also provides, for all full-time employees, salary 29 increases of 1.34% effective with the pay period that includes July 1, 2016, and a 1% 30 merit increase effective with pay period that includes December 1, 2016; and 31 32 WHEREAS, the VRS total creditable compensation for the City Manager includes 33 his salary as well as the value of the City's contributions to his deferred compensation 34 plan and, as set forth in his employment contract, the City-paid premiums for his family 35 medical and dental insurance and long-term care insurance. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 1. That the current base annual salary of the City Manager is $250,000; his 41 car allowance is and shall remain at $12,000 annually; the City's contribution to his 42 deferred compensation plan is and shall remain at $10,000 annually; and, in 43 accordance with his employment contract, the City shall continue to pay the total 44 premium for his family health and dental insurance, and the City shall also pay the full 45 premium for the City Manager's long term care insurance. 46 47 2. That, beginning July 1, 2016, as required by state law and in accordance 48 with budget ordinances adopted by City Council in May 2016, the City Manager shall 49 pay, on a salary-reduction basis, VRS member contributions in an amount equal to five 50 percent of his VRS total creditable compensation, and his base salary as set forth in 51 paragraph 1 shall be increased effective with the pay period that includes July 1, 2016, 52 in an amount equal to one percent of his VRS total creditable compensation. 53 54 3. Along with all other full-time City employees, the City Manager shall also 55 receive a salary increase of 1.34%, effective with the pay period that includes July 1, 56 2016, and a 1% merit increase, effective with the pay period that includes December 1, 57 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of June , 2016. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O e CA13760 R-1 May 31, 2016 57 Item -V-J.9b ORDINANCES/RESOLUTIONS ITEM#66081 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the annual compensation for: b. City Attorney Voting: 7-1 Council Members Voting Aye: M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Robert M Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY 3 ATTORNEY 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, in 2013, 2014, and 2015, City Council adopted similar ordinances, 17 requiring City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to an additional one percent of their VRS total 19 creditable compensation each of those three years and to increase those employees' 20 VRS total creditable compensation each year by an additional one percent; and 21 22 WHEREAS, in May 2016, City Council adopted the final VRS contribution 23 ordinance, effective with the pay period that includes July 1, 2016, (1) to require City 24 employees who became VRS members prior to July 1, 2010, to make member 25 contributions in an amount equal to five percent of their VRS total creditable 26 compensation; and (2) to increase those employees' VRS total creditable compensation 27 by an additional one percent; and 28 29 WHEREAS, the 2016 ordinance also provides, for all full-time employees, salary 30 increases of 1.34% effective with the pay period that includes July 1, 2016, and a 1% 31 merit increase effective with pay period that includes December 1, 2016; and 32 33 WHEREAS, the VRS total creditable compensation for the City Attorney includes 34 his salary as well as the value of the City's contributions to his deferred compensation 35 plan. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 1. That the current base annual salary of the City Attorney is $211,475.76, 41 the City's contribution to his deferred compensation plan is and shall remain at $10,000 42 annually, and his car allowance shall be $10,000 annually. 43 44 2. That, beginning July 1, 2016, as required by state law and in accordance 45 with budget ordinances adopted by City Council in May 2016, the City Attorney shall 46 pay, on a salary-reduction basis, VRS member contributions in an amount equal to five 47 percent of his VRS total creditable compensation, and his base salary as set forth in 48 paragraph 1 shall be increased effective with the pay period that includes July 1, 2016, 49 in an amount equal to one percent of his VRS total creditable compensation. 50 51 3. Along with all other full-time City employees, the City Attorney shall also 52 receive a salary increase of 1.34%, effective with the pay period that includes July 1, 53 2016, and a 1% merit increase, effective with the pay period that includes December 1, 54 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of June , 2016. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA13759 R-1 May 31, 2016 58 Item-V-J.9c ORDINANCES/RESOLUTIONS ITEM#66082 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the annual compensation for: c. City Clerk Voting: 7-1 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in 2012, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, in 2013, 2014, and 2015, City Council adopted similar ordinances, 16 requiring City employees who became VRS members prior to July 1, 2010, to make 17 member contributions in an amount equal to an additional one percent of their VRS total 18 creditable compensation each of those three years and to increase those employees' 19 VRS total creditable compensation each year by an additional one percent; and 20 21 WHEREAS, in May 2016, City Council adopted the final VRS contribution 22 ordinance, effective with the pay period that includes July 1, 2016, (1) to require City 23 employees who became VRS members prior to July 1, 2010, to make member 24 contributions in an amount equal to five percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, the 2016 ordinance also provides, for all full-time employees, salary 29 increases of 1.34% effective with the pay period that includes July 1, 2016, and a 1% 30 merit increase effective with pay period that includes December 1, 2016; and 31 32 WHEREAS, the VRS total creditable compensation for the City Clerk consists of 33 only her salary. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That the current base annual salary of the City Clerk is $118,970.40, and 39 her car allowance is and shall remain at $10,000 annually. 40 41 2. That, beginning July 1, 2016, as required by state law and in accordance 42 with budget ordinances adopted by City Council in May 2016, the City Clerk shall pay, 43 on a salary-reduction basis, VRS member contributions in an amount equal to four 44 percent of her VRS total creditable compensation, and her base salary as set forth in 45 paragraph 1 shall be increased effective with the pay period that includes July 1, 2016, 46 in an amount equal to one percent of her VRS total creditable compensation. 47 48 3. Along with all other full-time City employees, the City Clerk shall also 49 receive a salary increase of 1.34%, effective with the pay period that includes July 1, 50 2016, and a 1% merit increase, effective with the pay period that includes December 1, 51 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day of June , 2016. APPROVED AS TO LEGAL SUFFICIENCY: ., e City Attorney's Offic CA13757 R-1 May 31, 2016 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, in 2013, 2014, and 2015, City Council adopted similar ordinances, 17 requiring City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to an additional one percent of their VRS total 19 creditable compensation each of those three years and to increase those employees' 20 VRS total creditable compensation each year by an additional one percent; and 21 22 WHEREAS, in May 2016, City Council adopted the final VRS contribution 23 ordinance, effective with the pay period that includes July 1, 2016, (1) to require City 24 employees who became VRS members prior to July 1, 2010, to make member 25 contributions in an amount equal to five percent of their VRS total creditable 26 compensation; and (2) to increase those employees' VRS total creditable compensation 27 by an additional one percent; and 28 29 WHEREAS, the 2016 ordinance also provides, for all full-time employees, salary 30 increases of 1.34% effective with the pay period that includes July 1, 2016, and a 1% 31 merit increase effective with pay period that includes December 1, 2016; and 32 33 WHEREAS, the VRS total creditable compensation for the City Real Estate 34 Assessor includes his salary as well as the value of the City's contributions to his 35 deferred compensation plan. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 1. That the current base annual salary of the City Real Estate Assessor is 41 $137,955.36, and the City's contribution to his deferred compensation plan is and shall 42 remain at $4,000 annually. 43 44 2. That, beginning July 1, 2016, as required by state law and in accordance 45 with budget ordinances adopted by City Council in May 2016, the City Real Estate 46 Assessor shall pay, on a salary-reduction basis, VRS member contributions in an 47 amount equal to four percent of his VRS total creditable compensation, and his base 48 salary as set forth in paragraph 1 shall be increased effective with the pay period that 49 includes July 1, 2016, in an amount equal to one percent of his VRS total creditable 50 compensation. 51 52 3. Along with all other full-time City employees, the City Real Estate 53 Assessor shall also receive a salary increase of 1.34%, effective with the pay period 54 that includes July 1, 2016, and a 1% merit increase, effective with the pay period that 55 includes December 1, 2016. 21st Adopted by the Council of the City of Virginia Beach, Virginia, on the day of June , 2016. APPROVED AS TO LEGAL SUFFICIENCY: OK,Ie4e-',A sc4Fr-- City Attorney's Offi CA13756 R-1 May 31, 2016 59 Item-V-J.9d ORDINANCES/RESOLUTIONS ITEM#66083 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the annual compensation for: d. City Real Estate Assessor Voting: 7-1 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Robert M Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 1 AN ORDINANCE PERTAINING TO 2 THE COMPENSATION OF THE CITY 3 AUDITOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, in 2013, 2014, and 2015, City Council adopted similar ordinances, 17 requiring City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to an additional one percent of their VRS total 19 creditable compensation each of those three years and to increase those employees' 20 VRS total creditable compensation each year by an additional one percent; and 21 22 WHEREAS, in May 2016, City Council adopted the final VRS contribution 23 ordinance, effective with the pay period that includes July 1, 2016, (1) to require City 24 employees who became VRS members prior to July 1, 2010, to make member 25 contributions in an amount equal to five percent of their VRS total creditable 26 compensation; and (2) to increase those employees' VRS total creditable compensation 27 by an additional one percent; and 28 29 WHEREAS, the 2016 ordinance also provides, for all full-time employees, salary 30 increases of 1.34% effective with the pay period that includes July 1, 2016, and a 1% 31 merit increase effective with pay period that includes December 1, 2016; and 32 33 WHEREAS, the VRS total creditable compensation for the City Auditor consists 34 of only his salary. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 1. That the current base annual salary of the City Auditor is $117,675.01, 40 and his car allowance is and shall remain at $6,000 annually. 41 42 2. That, beginning July 1, 2016, as required by state law and in accordance 43 with budget ordinances adopted by City Council in May 2015, the City Auditor shall pay, 44 on a salary-reduction basis, VRS member contributions in an amount equal to five 45 percent of his VRS total creditable compensation, and his base salary as set forth in 46 paragraph 1 shall be increased effective with the pay period that includes July 1, 2016, 47 in an amount equal to one percent of his VRS total creditable compensation. 48 49 3. Along with all other full-time City employees, the City Auditor shall also 50 receive a salary increase of 1.34%, effective with the pay period that includes July 1, 51 2016, and a 1% merit increase, effective with the pay period that includes December 1, 52 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of June , 2016. APPROVED AS TO LEGAL SUFFICIENCY: d ';W , City Attorney's Offi e CA13758 R-1 May 31, 2016 60 Item-V-.1.9e ORDINANCES/RESOLUTIONS ITEM#66084 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the annual compensation for: e. City Auditor Voting: 7-1 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Robert M Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 61 Item-V-J.10 ORDINANCES/RESOLUTIONS ITEM#66085 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to APPOINT the Directors of Planning, Public Works and Parks and Recreation to serve as Viewers re streets or allies being altered or vacated Voting: 8-0 Council Members Voting Aye: M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2016, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2016 and ending June 30, 2017. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2016 and ending June 30, 2017, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of June , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Or A / 0041 *eel illitriKk A 'AAA—h.,. - — Department of ' anning City Attorney's Offi CA13755 R-1 May 27, 2016 62 Item -V-J.11 ORDINANCES/RESOLUTIONS ITEM#66086 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT,Resolution to REQUEST the Hampton Roads Congressional Delegation work to support the Norfolk International Airport's efforts to build a parallel runway Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr.,John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 Requested by Mayor Sessoms and Vice Mayor Jones 1 A RESOLUTION REQUESTING THE HAMPTON 2 ROADS CONGRESSIONAL DELEGATION WORK 3 TO SUPPORT THE NORFOLK INTERNATIONAL 4 AIRPORT'S EFFORTS TO BUILD A PARALLEL 5 RUNWAY 6 7 WHEREAS, the Norfolk International Airport serves much of Eastern Virginia but 8 its Crosswind Runway 14/32 does not meet FAA design standards; and 9 10 WHEREAS, the current airfield configuration limits operational efficiency and 11 flexibility as well as poses operational safety challenges, and conflicts with the air space 12 of two critical U.S. Naval Air Stations; and 13 14 WHEREAS, air transport service is a primary limiter for increased economic 15 development for the entire Hampton Roads Region; and 16 17 WHEREAS, the Norfolk International Airport has been pursuing support from the 18 Federal Aviation Administration (FAA) to build an additional runway parallel to the main 19 runway; and 20 21 WHEREAS, the proposed parallel runway would provide increased capacity and 22 allow operational flexibility when the main runway is closed for maintenance; and 23 24 WHEREAS, the FAA nevertheless has decided to suspend work on the required 25 Environmental Impact Statement for this proposed parallel runway. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA, THAT: 29 30 The Hampton Roads Congressional Delegation consisting of Senators Warner 31 and Kaine, and Congressmen Forbes, Rigell, Scott, and Whitman are requested to take 32 whatever steps are necessary to call the FAA to reconsider its actions on suspending 33 the Environmental Impact Statement Process for the proposed parallel runway. 34 35 BE IT FURTHER RESOLVED that this action is requested to improve the 36 operational efficiency and safety of the Norfolk International Airport serving all of 37 Hampton Roads and to make Hampton Roads more competitive in the international 38 marketplace for business and leisure travel. Adopted by the City Council of the City of Virginia Beach, Virginia, this 21st day of June , 2016. APRO'' I AS TO LEGAL SUFFICIENCY: t11= y's Office CA13770/R-2/June 10, 2016 63 Item -V-J.12(1a/b/c) ORDINANCES/RESOLUTIONS ITEM#66087 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council DEFFERED TO JULY 12,2016,BY CONSENT, Ordinance re the Oyster Heritage Plan: 1. FY2015-16 Operating Budget of the Planning Department: a. APPROPRIATE$40,788 from Fund Balance and$16,009 from voluntary contributions b. TRANSFER$3,294 from the General Fund Reserve for Contingencies c. AUTHORIZE a Grant of$60,091 for Lynnhaven River NOW for oyster recycling, educational programs and oyster population surveys Voting: 7-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M Henley, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Abstaining: Vice Mayor Louis R.Jones Council Members Absent: Robert M Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 64 Item-V-J.12(1d) ORDINANCES/RESOLUTIONS ITEM#66088 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council DEFERRED TO JULY 12, 2016,BY CONSENT, Ordinance re the Oyster Heritage Plan: 1. FY2015-16 Operating Budget of the Planning Department: d. APPROPRIATE$40,000 to the Department of Public Works from voluntary contributions re oyster shell recycling effective July 1, 2016 Voting: 7-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Abstaining: Vice Mayor Louis R.Jones Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 otlIA'BFAc 41. I 5 City of Vir irlia I beach 4- S OF OUR NAsvx() LOUIS R.JONES PHONE; (757)583-0177 VICE MAYOR FAX (757)588-4659 Refer to File No. 0058205 June 21, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on (1) an Ordinance to Appropriate Funds and to Transfer Funds to the FY2015-16 Operating Budget of the Planning Department and to Authorize a Grant to Lynnhaven River NOW; and (2) an Ordinance to Appropriate Funds for the FY2016-17 Oyster Shell Recycling Program. 2. I have an oyster lease with respect to property located at 3902 Richardson Road in Virginia Beach. 3. I have chosen to abstain from voting on this item. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 Mrs. Ruth Hodges Smith -2- June 21, 2016 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Sincerely, Att,a,.. i Louis R. . es Vice Mayor LJR/RRI 65 Item -V-113(1/2) ORDINANCES/RESOLUTIONS ITEM#66089 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT,Resolution to AUTHORIZE permits allowing EMS agencies to operate in the City: 1. RENEWAL APPLICATIONS: American Lifeline Medical Transport, Inc. American Medical Transport, LLC Cardinal Ambulance Service, Inc. * Children's Hospital of the King's Daughters Delta Medical Transport, Inc. ** Emergency Medical Response, LLC Heart Song Care Transport, Inc. LifeCare Medical Transports, Inc. ** Medical Transport, LLC ** Nightingale Air Ambulance Reliance Medical Transport, LLC Robbie's Ambulance Service, Inc. Special Event Providers of Emergency Medicine, Inc. ** Tidewater Medical Transport, LLC 2. NEW APPLICATIONS: Shore Transport Services, Inc. MB Solutions, LLC NuCare Carolina Ambulance, Inc. Voting: 8-0 Council Members Voting Aye: M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson *Mayor Sessoms and Councilman Wood ABSTAINED specifically on "Children's Hospital of the Kings Daughters **Mayor Sessoms ABSTAINED specifically on Emergency Medical Response, LLC;Medical Transport, LLC;Nightingale Air Ambulance and Tidewater Medical Transport, LLC June 21, 2016 1 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN 2 EMERGENCY MEDICAL SERVICES AGENCIES TO 3 OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 6 an emergency medical services agency or any emergency medical services vehicle within 7 the City must first obtain a permit from City Council, and such permits must be renewed on 8 a biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the following 11 agencies: American Lifeline Medical Transport, Inc.; American Medical Transport, LLC.; 12 Cardinal Ambulance Service, Inc.; Children's Hospital of the King's Daughters; Delta 13 Medical Transport, Inc.; Emergency Medical Response, LLC; Heart Song Care Transport, 14 Inc.; LifeCare Medical Transports, Inc.; Medical Transport, LLC; Nightingale Air 15 Ambulance; Reliance Medical Transport, LLC; Robbie's Ambulance Service, Inc.; Special 16 Event Providers of Emergency Medicine, Inc.; and Tidewater Medical Transport, LLC.; and 17 18 WHEREAS, applications for a new permit has been received from Shore Transport 19 Services, Inc.; MB Solutions, LLC; and NuCare Carolina Ambulance, Inc.; and 20 21 WHEREAS, the above-listed private ambulance agencies perform services not 22 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 23 transports, which include both basic and advance life support calls. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH; 27 28 1. That the City Council hereby grants renewed permit to the following agencies: 29 30 American Lifeline Medical Transport, Inc.; American Medical Transport, LLC.; 31 Cardinal Ambulance Service, Inc.; Children's Hospital of the King's Daughters; Delta 32 Medical Transport, Inc.; Emergency Medical Response, LLC; Heart Song Care 33 Transport, Inc.; LifeCare Medical Transports, Inc.; Medical Transport, LLC; 34 Nightingale Air Ambulance; Reliance Medical Transport, LLC; Robbie's Ambulance 35 Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and Tidewater 36 Medical Transport, LLC.; and 37 38 2. That these permits shall be effective from July 1, 2016 to June 30, 2018; and 39 40 3. That the City Council hereby grants a new permit to the following agencies: 41 42 Shore Transport Services, Inc.; MB Solutions, LLC; and NuCare Carolina 43 Ambulance, Inc.; and 44 45 4. That these permits shall be effective from July 1, 2016 until June 30, 2017. Adopted by the City Council of the City of Virginia Beach,Virginia, on this 21 s tday of June , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .c____ \ ,„.......___C.—,— .. vthALtit-e Emergency Medical Services City Attorney's OrricY CA13762 R-2 June 6, 2016 ,��0��A BE4, City of Virg;irzia I beach c <40 S ofOUR NA"�10 VBgov.corn JAMES L.WOOD PHONE: (757)340-8411 COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX (757)340-2082 jlwood @ vbgov.com In Reply Refer to 0058200 June 21, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Children's Hospital of The King's Daughters ("CHKD") for an ambulance permit. 2. I have a personal interest in CHKD arising from my wife's part-time employment by CHKD. CHKD's principal office address is 601 Children's Lane, Norfolk, VA 23507. 3. I will abstain from voting on CHKD's application. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely Ja 'es L. Wood ouncilmember JLW/RRI 208 ASH AVENUE,SUITE 101,VIRGINIA BEACH,VA 23452 �14oi$%A• aE.4c , .. City of Virginia I leach ¢ 0 S Op OUR NA-1°4 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms @ vbgov.com In Reply Refer to 0058204 June 21, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote the applications of Children's Hospital of The King's Daughters; Emergency Medical Response, LLC; Medical Transport, LLC; Sentara Healthcare/Sentara Nightingale Regional Air Ambulance; and Tidewater Medical Transport, Inc. for ambulance permits. 2. Each of the applicants listed above have identified TowneBank as a financial services provider. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, and I will abstain from voting on the applications of the entities listed above. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- June 21, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, i Liam D. Sessoms Mayor WDS/RRI 66 Item -V-J.14(1a/b/c) ORDINANCES/RESOLUTIONS ITEM#66090 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance re Emergency Medical Services: 1. APPROPRIATE: a. $21,306 of EMS Training revenue for purchase of rescue equipment and supplies b. $16,661 of Special Event revenue to reimburse for previous remissions to Volunteer Rescue Squads for stand-by duty at special events c. $27,516 of Special Event reimbursement revenue to remit funds to Volunteer Rescue Squads for stand-by duty at special events Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr.,John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PURCHASE 2 RESCUE EQUIPMENT AND MEDICAL SUPPLIES AND 3 REMIT PAYMENTS TO VOLUNTEER RESCUE SQUADS 4 FOR STANDBY SERVICES PROVIDED AT SPECIAL 5 EVENTS 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $21,306 of Department of Emergency Medical Services (EMS) training revenue is 11 hereby appropriated to EMS for the purchase of rescue equipment and medical supplies to 12 enhance rescue/medical capabilities and training capacity; 13 14 2. $16,661 of special event reimbursement revenue is hereby appropriated to EMS to 15 reimburse EMS for previous remissions provided to volunteer rescue squads for stand-by 16 duty at special events; and 17 18 3. $27,516 of special event reimbursement revenue is hereby appropriated to EMS to 19 allow the department to remit funds to volunteer rescue squads for stand-by duty at special 20 events. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of June 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: 'L''` C13 Budget and ffanagement Servic'-s CA- •' ey's Office CA13764 R-1 June 7, 2016 67 Item—V-K PLANNING ITEM#66091 1. SHERYL SKORD SUBDIVISON VARIANCE 2. MARVIN M.ROLLINS, JR./GAYLE B.ROLLINS MODIFICATION OF PROFFERS 3. BRG CASCADES EAST,LLC MODIFICATION OF PROFFERS 4. CHARLES and KELLY PLAZA CONDITIONAL USE PERMIT 5.SANITRIA GARDNER CONDITIONAL USE PERMIT 6.DIANA WILSON CONDITIONAL USE PERMIT 7.NORFOLK AIRPORT AUTHORITY CHANGE OF ZONING 8. CITY OF VIRGINIA BEACH CHANGE OF ZONING 9. CITY OF VIRIGNIA BEACH AMEND ZONING MAP COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#8 June 21, 2016 68 Item -V-K PLANNING ITEM#66092 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council APPROVED, BY CONSENT: Item 1, 2, 3, 4, 5, 6, 7, 8(MOSS VOTE VERBAL NAY) and 9 of the PLANNING AGENDA. Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr.,John E. Uhrin and James L. Wood Council Members Absent: Robert M Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 69 Item—V-K1 PLANNING ITEM#66093 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council APPROVED, AS REVISED, and CONDITIONED, BY CONSENT, SHERYL SKORD, TRUSTEE FOR FLOYD E. TAYLOR IRREVOCABLE TRUST for a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations at 1217 Princess Anne Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SHERYL SKORD, TRUSTEE FOR FLOYD E. TAYLOR IRREVOCABLE TRUST for a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations at 1217 Princess Anne Road (GPIN 2401613897) DISTRICT 7—PRINCESS ANNE The following condition shall be required: 1. The final plat, when submitted to the Development Services Center, shall depict a minimum lot width of 20 feet for Parcel C. 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 Twenty-first day of June, Two Thousand Sixteen. Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms,Jr.,John E. Uhrin and James L. Wood Council Members Absent: Robert M Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 I "t"" II I 9 1, ICC ,-- , i t111i il ..,.. 1 1 / 11, CPI1 11 .. 1 1 1 I il. IP/itho i r L i ii:ZZA4 9 ,_,. . • .-- -,, n I 6 •--; C ] ri -„, .......,... II i. ,, ._,L) (09 ,,, --•_., i""'"•-•;,' , -.......,4 - " ... u ku 11` IIR, 11111\ ri L.) Li NIIIII IIIIIIIINHHIHIL ' --I Li 1.11 I 0 ICC IIt Ii I 'Cfl I 70 Item—V-K.2 PLANNING ITEM#66094 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council APPROVED as PROFFERED, BY CONSENT, MARVIN M. ROLLINS, JR/GAYLE B. ROLLINS, TRUSTEES UNDER THE MAR VINM.ROLLINS, JR.LIVING TRUST for a Modification of Proffers to a Conditional Change of Zoning from B-2 and Conditional B-2 Community Business Districts to Conditional B-2 Community Business District(approved December 10, 2002) at 601 Princess Anne Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MARVIN M.ROLLINS,JR/GAYLE B. ROLLINS, TRUSTEES UNDER THE MARVIN M. ROLLINS, JR. LIVING TRUST for a Modification of Proffers to a Conditional Change of Zoning from B-2 and Conditional B-2 Community Business Districts to Conditional B-2 Community Business District (approved December 10, 2002) at 601 Princess Anne Road (GPIN 2308896044) DISTRICT 7 —PRINCESS ANNE The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-first day of June, Two Thousand Sixteen. Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr.,John E. Uhrin and James L. Wood Council Members Absent: Robert M Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 3 IA•BF,t0 47i Lr �� t CITY OF VIRGINIA BEACH INTER—OFFICE CORRESPONDENCE ' 2 9,P rt rt'o , 9 Op OUR NPSoON In Reply Refer To Our File No. DF-9571 DATE: June 9, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. KayWilso� DEPT: CityAttorney RE: Conditional Zoning Application; Marin M. Rollins Jr. & Gayle B. Rollins The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 21, 2016. I have reviewed the subject proffer agreement, dated April 13, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS MARVIN M. ROLLINS, JR. and GAYLE B. ROLLINS, Trustees under the Marvin M. Rollins, Jr. Living Trust dated June 22, 2011 MARVIN M. ROLLINS, JR. and GAYLE B. ROLLINS, Trustees under the Gayle B. Rollins Living Trust dated June 22, 2011 TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 13th day of April, 2016, by and between MARVIN M. ROLLINS, JR., and GAYLE B. ROLLINS, Trustees under the Marvin M. Rollins, Jr. Living Trust dated June 22, 2011 and MARVIN M. ROLLINS and GAYLE B. ROLLINS, Trustees under the Gayle B. Rollins Living Trust dated June 22, 2011, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.783 acres and described in Exhibit"A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by Petition addressed to the Grantee so as to modify two (2) conditions applicable to the Property that is zoned Conditional B-2 Community Business District; and GPIN: 2308-89-6044-0000 Prepared by: R. Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantors have requested the Grantee to permit this modification of the Proffered Covenants, Restrictions and Conditions dated August 12, 2002, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 200212233084230 (hereinafter "2002 Proffers") to delete a permitted use and add a permitted use; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 2 1. Proffers numbered 1 and 6 as contained in the 2002 Proffers recorded in the above referenced Clerk's Office as Instrument Number 200212233084230 is hereby deleted and replaced with the following: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "CONCEPT PLAN CONVENIENCE STORE CONVERSION AT MOTORIST WAYSIDE AT CREEDS, VIRGINIA BEACH, VIRGINIA", dated February 18, 2016, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). 6. The Property shall only be utilized for the sale of fuel, convenience store, retail establishment, laundry mat and mini-warehouse as depicted on the Site Plan and no other uses described in the Zoning Ordinance as permitted or conditioned shall be allowed on the Property. 2. Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 2002 Proffers remain in full force and effect. All references hereinabove to the B-2 Community Business Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was 3 advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree 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, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signatures and seals: Grantors: Trustees under the Marvin M. Rollins, Jr. Living Trust dated June 22, 2011 By: CUA n )i il 0-/L-.4. (SEAL) Marvin M. Rollins,Jr., )tee X ( By: )0, C. ...(32.1 QA Ai 6 ) (SEAL) Gay Rollins,Trustee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this /66 day of April , 2016, by Marvin M. Rollins, Jr. and Gayle B. Rollins, Trustees under the Marvin M. Rollins, Jr. Living Trust dated June 22, 2011, Grantors. 0,3771,44 OF Notary Public :: s re 277311 t i =� �''i COMMISSION s EXPIIIES �: My Commission Expires: q-3�-02 4/ A /..ant ft Notary Registration Number: ai731/ .,��,E. p,4 5 WITNESS the following signatures and seals: Grantors: Trustees under the Gayle B. Rollins, Living Trust dated June 22, 2011 By: 7'l a.'in;,., 1W /l a :., (SEAL) Marvin M. Rollins,Jr., rustee r By: A l _i __•• ��t)0 0) (SEAL) Ga 1. B. ollins,Trustee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Th foregoing instrument was acknowledged before me this /3day' of APY/ / , 2016, by Marvin M. Rollins, Jr. and Gayle B. Rollins, Trustees under the Gayle B. Rollins, Jr. Living Trust dated June 22, 2011, Grantors. s: mi ./it , ... / / . .0:: .... 12A�n': Notary Public a 27311 =d CtMMISSION i EXPIRES i.p. My Commission Expires: 1 '3Q- 020/9 s. 4/30/2019/4 Notary Registration Number: 17311 �'�.` ,i�,tji OF�4.'., 6 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, in the Pungo Borough, near Creeds, being more particularly bounded and described as follows: BEGINNING at a point on the western side of State Route #615 at an iron pin where a large canal ditch intersects said Route 615; thence turning and running in a southeasterly direction along the western side of said Route 615 along the arc of a circle whose radius is 588.75 for a distance of 228.45 feet to an iron pin; thence running along a ditch South 85 degrees 29' West 188 feet to an iron pin; thence turning and running North 23 degrees 09' West 165.30 feet to a point in the center of said canal ditch North 67 degrees 30' East 150.0 feet to an iron pin the Western right of way line of State Route 615 the point of beginning; said parcel containing 0.75 acres, more or less. AND ALL THAT one-half(1/2) interest in a certain lot, piece or parcel of land, with the buildings an improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 1, containing 1.80 acres, as shown on that certain plat entitled "SUBDIVISION OF PROPERTY OAKUM CREEK ESTATES, PUNGO BOROUGH, VIRGINIA BEACH, VIRGINIA, dated July 10, 1996", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 254, at Pages 72 and 73. Reference to said plat is hereby made for a more particular description of said lot. GPIN: 2308-89-6044-0000 H:\AM\Mod of Proffers\Rollins\6oi Princess Anne Road\ist Amendment to Proffers.doc 7 IN I N ; ' 111 0 i F I 1 I If' 11 I I I 0 1 I1 1 1 f I <1 , iikook . , ._ Ittxpe .,. 041 - -. , . I , , 1 1 CO / 1 1 . , oGes9 1 I CNI ?ICI ......_ . . ,. ..._ , .„._. , •_,..,,., ,...,,) \\1611111 sskl° •. CSI e I /? CC „„. ...._ 1 „,.,.. / ...,,_ ,..e ,.. Ce. \ . I .....- .CI. ...,,,, ,., .. \ • , . ',. t. „... ..„_.., e. ------..„ „) ..- . _ ..., .• . -!. _... ...,.., • .. . . . .._..... s ... - „.• CNI 0 i 0 < i < .47 71 Item—V-K.3 PLANNING ITEM#66095 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council APPROVED as PROFFERED, BY CONSENT, Application of BRG CASCADES EAST, LLC for a Modification of Proffers to a Conditional Change of Zoning from B-2 Community Business and A-24 Apartment Districts to PD-H2 (A-24 Apartment) (approved October 24, 2013) at 2120 Centerville Turnpike DISTRICT 1—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BRG CASCADES EAST, LLC for a Modification of Proffers to a Conditional Change of Zoning from B-2 Community Business and A-24 Apartment Districts to PD-H2 (A-24 Apartment) (approved October 24, 2013) at 2120 Centerville Turnpike (GPIN 1464081786) DISTRICT 1 —CENTER VILLE The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-first day of June, Two Thousand Sixteen. Voting: 8-0 Council Members Voting Aye: M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr.,John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 .4��'G��B�AcitxLi .�: ... CITY OF VIRGINIA BEACH u' Kn ►t "a y INTER—OFFICE CORRESPONDENCE S' o,S Ot9,R \ n ":',, Op .OUR NPt\O In Reply Refer To Our File No. DF-9570 DATE: June 9, 2016 TO: Mark D. Stiles DEPT: City Attorney D FROM: B. Kay Wi DEPT: City Attorney RE: Conditional Zoning Application; BRG Cascades East, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 21, 2016. I have reviewed the subject proffer agreement, dated February 25, 2016 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/ Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 MODIFICATION OF CONDITIONS AGREEMENT THIS MODIFICATION OF CONDITIONS AGREEMENT (this "Agreement"), made this (f Tay of -oppk , 2016, by and between BRG CASCADES EAST, LLC a Virginia limited lia'bility company ("BRG") (to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, BRG is the owner of the real property described on Exhibit A attached hereto (the "Property"); and WHEREAS, on July 30, 2013, the City of Virginia Beach conditionally re-zoned from B-2 and A-24 to Conditional A-24/PD-H2 the Property, subject to certain proffered covenants, restrictions, and conditions set forth in the Agreement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as Instrument No. 20130927001160720 (the"Original Proffers"); and WHEREAS,BRG desires to modify the design of the freestanding entrance signage located at Centerville Turnpike and Lynnhaven Parkway in a manner that differs from the terms specified in the Original Proffers; and WHEREAS, BRG desires to amend and modify one of the covenants, restrictions, and conditions set forth in the Original Proffers by deleting proffer number 2 of the Original Proffers and substituting the proffer numbered 1,below; and WHEREAS, the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee, after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, BRG for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, and hereby covenant and agree that the terms of this declaration shall GPIN Nos.: 1464-08-1786-0000 28004194v2 constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through BRG, its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. Proffer Number 2 of the Original Proffers is hereby amended to state in its entirety as follows: "Any freestanding signage advertising the uses on the Property shall be monument style, be no taller than eight feet(8') in height with a brick or masonry base, shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority, and shall be substantially similar in design to those exhibits prepared by IDF Pensign, entitled "Centerville Entrance" and "Lynnhaven Entrance", copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council." The covenants, restrictions and conditions set forth above, having been proffered by BRG and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions;provided,however,that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. BRG covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings;(2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, BRG shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the 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 BRG and Grantee. 28004194v2 BRG CASCADES EAST, LLC, a Virginia limited liability company: 1 6/4/I By. vQS�711�t,'�' Title: V u Date: 1- ( 7'S 1 I G STATE/COMMONWEALTH OF 14/-c i-•/k- CITY/COUNTY OF .. -" ,ws A.., to wit: The foregoing instrument was sworn to and acknowledged before me this of 5 day of 6,-,4-0ny 2016, by JP• F- fa.-.cl , on behalf of BRG Cascades East, LLC. He is either personally known to me or has produced D c /i .&-•s e as identification. ��`\\\\\ ili/NIN '''„, Witness myhand and official stampor seal this dS da of Fc d.�..� , 2016. „� •Moivwf•FO ''% Y y �:REGISTRATION NO.•.y - Jc = / • 7620474 t �'�� '.•MVCOMM.EXPIRES: 08/31/2018 Notary Public (SEA , 4,\•°f-VIRGtN`P•'0 '%,0 4Ry•PV%\--. s'i'riI iIntoe My Commission Expires: 620//°1-O/$ Registration Number: 7 ('a 0 i'7V 28004194vI Legal Description of the Property All that certain lot, piece or parcel of land located in the City of Virginia Beach, Virginia, and being known numbered and designated as "Parcel A-1, 451,301 S.F., 10.360 AC.", on that certain plat entitled, "INFINITY SUBDIVISION OF PARCEL A, PROPERTY OF LILLEL FARMS, INC., A VIRGINIA CORPORATION", dated October 24, 2014, prepared by Landtech Resources, Inc., Engineering— Surveying— GPS, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia s Instrument Number 20141209001156990, reference to which is hereby made for a more particular description of said parcel. TOGETHER WITH appurtenant easement(s) contained in Declaration and Deed of Easement Infinity Project Easements from Lillel Farms Inc., dated December 1, 2014, recorded as Inst. #20141209001157170. TOGETHER WITH appurtenant easement(s) contained in Deed of Easement and Declaration of Protective Covenants and Restrictions recorded in Inst. #20141209001157230. IT BEING a portion of the same property conveyed to Lillel Farms, Inc., by deed from William E. Wood, Jr., and Anne Wood, husband and wife dated August 6, 1973, recorded in the Clerk's Office aforesaid in Deed Book 1395, at page 476. 28004194v2 .,,, ' _ , ‘..../ .., k , ' \ \ ..:' 4 r------- 'NJ .11 \ ... ..,,,..,,..... \ - ' ' ' 7- ' \.--t' , 3. y ;.,., ____--i, -, •• ..., ',.--- - ,,' . ,_- „....„,-- ,,,..{, ',,,,$):•-•\--- , , ,- ,- . , ,, , \ \ --, i,.., ,,, , — , P VGA,...” ':-.,:, 5,,,.....,-. --- -i-, ''''''' \ '1 ' , ..,. „, ----- 't \ _k__-...., ON -e. . c.„. .t..,. __.---1,, %. ..-.. _. .-.' .7 -- 1 ‘'"? '..' \ 11 ( ', /1):‘ i' ----. ---' •-• $ _____--`1 ----' 1,-- , 7-1 iri I-2 7,rj7 .. 7 ' I , , ..-- --.,.." tr----fri ...-- if‘q‘ ,. ...,-, ',--- T gi ti, __---4 PVI/A% .--- .., 4011-,,tv ifgri:I'''' um. a iir)Li ireroo..,_ / ,,„.... _ 5 ... . , . ,74T - • ---1 1110111111•00 - ... '',, '''..::: \ % • ..---- 111111111111111- --""1111 4114:.;:''::ki`l , 4:41„, ,.. ., wifilis I\ ,,2, . - j 4 ,,,,,, C%1\ Ni .1.gr"- 4 iiimigii 4,44; 4"ft w. 00 r;,,st,1 1 , ,on. NI "---, tte-, at ,:re-,71.: % „ CI Na. 001110 if- ,-„," c c.,,,,, 0. Impr—IIIIIIIII:11111111'7:T ::'.:;!t''4;::"-fit, \-----: 14 ,.,\ .s.N. „ . *4s.. ......,_.., \' 1 0 ,,,,, - ... ..... . . „... . ..... i' ''? Li_. CSII ',IV..g▪t 1%4- Cal ' 1111116111;''''' ___--_, __-- — 04 - ::▪ ::' .,. - ' ....„, .., (f----/_„1._ "::).- 1..„. ,.."..., l , • 101.- ,..i.. .....” .... „ow ', .',...-„, , - -.. -w-'.--k---A-‘• •-,. .....------- art,..4::.4..... . - . _---- --,L. .,!,„":.,:::!,i. '',1:..,,,, , . , .... .,,k-',,-\ __.------ \ i.,,,-IffiVigi,,'L3 ,...„-----\ .., °,,,3.,is,14.'”. ,.. .._.., 4.y. t.,-,,,,.. , '----.. \ __---- ---. ,..- \ '. . 4;7 xL ',. ,,,,A,.,, ,.$.',PP'-' L14' ,-„....,. ,,..„. ,,.. ---, CO,,-,,,,,-.„,5t. ,,,,,,,•,, ,*iv /.._CI, ,/,. -.A- ., _..._.,, 411---\ a ...,' ,.. t - - ---\---..\ ii 72 Item—V-K4 PLANNING ITEM#66096 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council APPROVED and CONDITIONED, BY CONSENT,Application of CHARLES and KELLY PLAZA for a Conditional Use Permit (home based Wildlife Rehabilitation) at 2121 Thackeray Lane DISTRICT 7— PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CHARLES and KELLY PLAZA for a Conditional Use Permit (home based Wildlife Rehabilitation) at 2121 Thackeray Lane (GPIN 2414470895)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a home-based Wildlife Rehabilitation Center. 2. No animals shall be dropped-off between the hours of 10:00 PM and 7:00 AM 3. The applicant shall maintain the existing six(6)foot high privacy fence, enclosing the backyard such that all activity associated with the home-based Wildlife Rehabilitation Center and the Pre-Release Facility are screened from view from the right-of-way and all adjacent properties. 4. No animals shall be released on the subject site or within the neighborhood after being rehabilitated. 5. A secondary security door area shall be added to the Pre-Release Facility depicted on the Site Layout prior to occupancy by any animals. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the Pre-Release structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 8. All animals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 9. No more than five (5)animals being rehabbed may be on site at one time. 10. This Conditional Use Permit shall be required to be renewed one (1) year following the date of City Council approval. After said duration of time, per Section 221 (k) of the Zoning Ordinance, the Director of Planning shall review and may extend the Conditional Use Permit, provided the continuation of the Use Permit would not be detrimental to the public health, safety, and welfare and that to continue the activity under the Use Permit would not cause public inconvenience, annoyance, disturbance or have an undue impact on the community or be incompatible with other uses of land in the particular Zoning District. June 21, 2016 73 Item—V-K.4 PLANNING ITEM#66096 (Continued) 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 Twenty-first day of June, Two Thousand Sixteen. Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 56 , •-4.-. •-,... .1 /- --- - -; -,,r ' . -....' re i -,... .,.. . = 1 ,....i , ,,_ .. "0 o .. 1 ,--....„_,,, / / r--., ----`---. , / '''' ''•- 7 -- '- / - _ 1 14 / .. i-..... 1 ',5 ....--,. -.-......4......, -,.- .Ee.4tt,2A, ..----,\ ,..„, / 4 ‘/ c..._ --„,--t•1,4,- =1. 4,41,40 \ ........4 ; ; ---.., i-f--L--- , 4/•",i / 3 --, , . L1---,1 _______-I „ .,..., ___.--1 - j 4...j / `A....._ ,,,, -A- "--f_.-----4 i-----\ 7.- 1 /> N\i' C --\ p----- , C --...J --- , - A'Al 1'. __.----• ,' -p•'4-- .---'4.— - 0„I'F-PP„.-', •'4, °"„5:-.„.,.„,,,,,',- (L1 1,-- \ ;,---!'r N. .., . , , 71. \iss\ti:okvbh, 4,..„....,-- 1---. ---) ----'-- / '''' 71 40,* .4. - -- llitifItti;fP ,. 'rr il ''' i P*,,V,A4,, ..1.......:04:%,„ ''''. I *4th - , ,,,,.. . 7 ,--- ...% \- ' .,f-; , 11 7 7"---A ‘.--.-1 -,...,_ "-- i ..-'..-• . imt---/- - 1-----7 „.. -__ f----. _*4-4,,, / ___j _Li -.., ,,,..,, , ce - , , , ,, „.. tfr...,; '' ri _.,-,_, .., .s \ ........--,— , „-J t -- , .._ il r rk4r? 4dj ,---- ---- - ,. ' - --1/4 ----1,.., ii --- -- -,--, 0., _ ....--.. . \ \ • AV------ \ '--- 4- „_...- I -~c•,y ..----- .-- --;,-,-v.* -- '--_ .•-AAZA-iy,-'-A 4,;1- 4,i.4”' , ' P / .--•• ,,p,..7 „pc,-,;4• -AP Alipt14 -, ., „wt r r•-• .... , tr, - ,„„.,,,, , ,,,e.„.. I . ::kr Ce ---- ---- ,• c- ,a...... ---- 't ; .. i vi lti J'''',1 /''---, 4 --- / - i „ ,,.,„.,,„,,,„, A,• , ,, r '----- Air r - 1 i Z'',,,'; ri L. -,- I '''' ''fir4 i f- . • ''' ' ,..---.-----0 _5,---.\L -"-‘%, ,•4‘, I ---. r' it) \ 1.? , ,if / ....-- ... ....,-- .--- \ ,--ii / i I ....," \ cc--.' e / / Ce .. , ---, if- ----/ --- \--- ..-- •,„ - ,-- ,,,,.... \ \ \ \ - \. 74 Item—V-K.5 PLANNING ITEM#66097 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council APPROVED and CONDITIONED, BY CONSENT, Application of SANITRIA GARDNER for a Conditional Use Permit(Family Day-Care Home)at 690 Baal Court DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SANITRIA GARDNER for a Conditional Use Permit (Family Day-Care Home) at 690 Baal Court (GPIN 1466550996)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family Daycare home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one(1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family Daycare home 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 Twenty-first day of June, Two Thousand Sixteen. Voting: 8-0 Council Members Voting Aye: M Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 {r•' ,11 } , ' \ \ • S ti tiiii0 _ \ '' r' ,, ,, . ..... .i:1'. 1 '�44 -'.'-'-' .-1011 . ----3 i. -t„. ' 7:-'.. 0111111 '' • ',...:----- \--I \ / 4 t '_ r .. 1� r r r{ --a,..,:- .. Jf+• ti, v Jllr�X �. i • ' }lY �J Se. r _"4 t, ' 4, ..�5 rt', .Ka 5r} f�t ~� _c ---- ti 4 fr T 4t yr ri•°� s "' .4.-; 'r'" ��..-..r f te r, e.. \ir....4 _....„ i 14IF ...," ''„ _„.,_ '*N.k,:.'.:N=,',''t i-.'.,T-r„,i,,:'.,":,-N1,t8 1� r^;'' .', , +'.x 1 Yr r ,____ -�.-.,�� ,..0 ,',:'''', --`— �"+.`- '\ �`i 'l <,./ r r ti"),,,, — ,,,, ,,,s, .=.:::4:-.* ri ______J �s3s �, ___11..... }' l} -% y ”. - j- .'�. f ,..44-.,..,,,,,STM, •t I r d_ �~ w —�,� ,',-;:::,:t.',-;,,,.....ax - —'-� —�..^--J �I �-- ----, '�-L t' i �� r�-_ _ 'IT:4' J 4 &. • `r'- ' 1.---)i� f L. Atli -,' s - L -' --.r-_-_. - tea” ii----..„).....E-7—.-.1 i Li I -� Ir 1 ,� ,414:141. -----J Lr--1----�� r" 1 75 Item—V-K.6 PLANNING ITEM#66098 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council APPROVED and CONDITIONED, BY CONSENT, Application of DIANA WILSON for a Conditional Use Permit(Family Day-Care Home)at 1180 Clydesdale Lane DISTRICT 1 —CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DIANA WILSON for a Conditional Use Permit (Family Day-Care Home) at 1180 Clydesdale Lane (GPIN 1456309293) DISTRICT 1 — CENTERVILLE The following conditions shall be required: 1. The home Daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 3. No more than one (1)person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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 Twenty-first day of June, Two Thousand Sixteen. Voting: 8-0 Council Members Voting Aye: M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 1 711 ) ■ iri i >ill r--1 i r----" - ri _J i ' r ,--- r_ I • i. 1 jill I---- 1 _ ........__ ____ i____ , 4-..-______I L --- i i I i ,. 11 i Ygg 3 s._ Ft ,_______ ___ N - .1 t , { I Jr- 1 t 1111161 : SI r- rI l'i:_17---- ,_ 1 ri 1 ,irk ,,,:,,,„,„,„.„...,,„„„_„v,,,„....„,,.,..4'44''Vgreil./6-PW4,437.- 4,,,,*4-,-,,,„4-,,,,,-4-44,,.o',4'''''Oink;,,, 47:,, �� 'k` � _ �. �o- �„ ��.� ��` ��.` �r 'mss � +9 � w' 9 1 W I 'ar'' �� q "�� 4 �est�%7ZR'�7� £k k� i t E v r- - 1 - 76 Item—V-K7 PLANNING ITEM#66099 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond., City Council APPROVED, BY CONSENT, Application of NORFOLK AIRPORT AUTHORITY for a Change of Zoning from R-5D Residential Duplex District to 1-1 Light Industrial District) at Burton Station DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NORFOLK AIRPORT AUTHORITY for a Change of Zoning from R-5D Residential Duplex District to I-1 Light Industrial District) at Burton Station (GPINs 1458780990; 1458791051; 1458792124; 1458792277; 1458793089; 1458793338; 1458793580; 1458794615; 1458795272; 1458795618; 1458797606; 1458896908; 1459705454; 1459705500; 1459707240; 1459707355; 1459708276; 1459708391; 1459806306; 1459800617; 145981123; 1459801823 and 1459806306; )DISTRICT 4—BAYSIDE 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 Twenty-first day of June, Two Thousand Sixteen. Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Absent.' Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 I \ 4 ' . . 1124 / 1:1111e1;41-31 /1111; /1111111111:, 44 I 1"--, .' '--i . . . . NW& . ...../ '1/4. 1131 4.4. ,;.,.... 4..4 11111111111it 44 Ilt4,.4it N.'' '' ,AN• .... ,„:„ -_, 41111PAW .NNLii.i. . ly. ,, q,:, k.• 4kb,„. , , . '1,,,7 i t-----,. 0. CI ID k ihkb,„ 0 %IF ... . . . ., ., . N411111111111. . N1111111 '4 4 '•- All1/4 44111 s'N. •,......,.._ 4.4.t 41 4..„...' . grill' MOW _..••••••0000070,110 I , Pi 77 Item—V-K8 PLANNING ITEM#66100 Upon motion by Council Lady Kane, seconded by Council Lady Ross-Hammond, City Council APPROVED, BY CONSENT, Application of CITY OF VIRGINIA BEACH for a Change of Zoning re R-10 Residential District to B-4K Historic Kempsville Area Mixed Use District; B-2 Community Business District to B-4K Historic Kempsville Area Mixed Use District; 0-2 Office District to B-4K Historic Kempsville Area Mixed Use District; R-5D Residential District to B-4K Historic Kempsville Area Mixed Use District;AG-1 Agriculture District to B-4K Historic Kempsville Area Mixed Use District DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CITY OF VIRGINIA BEACH for a Change of Zoning re R-10 Residential District to B-4K Historic Kempsville Area Mixed Use District (GPINs 1466774982; 1466881349; 1466881249; 1466881220; 1466881104; 1466882272 and 1466882390); B-2 Community Business District to B-4K Historic Kempsville Area Mixed Use District (GPINs 1466788968; 1466789967; 1466691229 and 1467707183); 0-2 Office District to B-4K Historic Kempsville Area Mixed Use District (GPIN 1466880523); R-5D Residential District to B-4K Historic Kempsville Area Mixed Use District (GPIN 1466883580); AG-1 Agriculture District to B-4K Historic Kempsville Area Mixed Use District (GPINs 1466795194; 1466796214; 1466796364 and 1466797501 DISTRICT 2 — KEMPSVILLE 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 Twenty-first day ofJune, Two Thousand Sixteen. Voting: 7-1 Council Members Voting Aye: M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Robert M Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 • ' liiiivimilifir , .. ,. ..:7„..,_./.,.„, ........ I,._,- _ - ... „ , $ ; ,. .1, 7----=-7,-z.z. ...........„ ..' - :- - 0,... , ',. _ ' -.4 ' -_-L- :?,__ _. ' -1 " '--7,,-----',---,--_, - ,.-- . -• :_:. Tr , „ - , .--._.-- ,,. - me.. , i J. . 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Li 1 r--, I:1;F, -1_"f 0 \4 fili !tr,z7;” En ir 10 „i'„, _ fil, • 4.?4`-'• Iti . • ...., --:r7j -r ---j, '' ' \,_ Lr„_„."t__::/[7..W, ,- / %.*:..-1'. :.„ttici.;:„;---„7 - - - '0, , 1•1:74M*2,,..-------A 1 7 . --""`...i.,,,,,,..,'".-lif,-;", , 1 t„.. .1- • ,,,,,,,, , , ... :...1 ::_i r----j' z_1_,?--, 1,_,....„,, L_-_, _.....‹,§7.• '''''44-,-„,,,, /*,..'-t? , ,,>404 41100, ,c,.4:4. t. ..„.•,., , 1 - 78 Item—V-K.9 PLANNING ITEM#66101 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council APPROVED, BY CONSENT,Application of CITY OF VIRGINIA BEACH Ordinance to AMEND the official Zoning Map by the designation and incorporation of additional properties into the Historic Kempsville Area Overlay District DISTRICT 2—KEMPSVILLE Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr.,John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Rosemary Wilson June 21, 2016 1 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP 2 BY THE DESIGNATION AND INCORPORATION OF 3 PROPERTY INTO THE HISTORIC KEMPSVILLE AREA 4 OVERLAY DISTRICT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the official zoning map of the City of Virginia Beach be, and hereby is, 13 amended by the designation and incorporation of the property located at 544 Princess 14 Anne Road, GPIN #1466774982, and GPIN # 1466884575, both owned by the City of 15 Virginia Beach, into the Historic Kempsville Area Overlay District, as shown on the 16 official zoning map of the City of Virginia Beach, displayed to City Council and on file in 17 the Department of Planning. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2lstday of June , 2016 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN Y: a 4 , . I ning Depattment City Attorney's Office CA-13736 R-1 March 25, 2016 t _ "'ter i a t � , .'�'`�i'4..,._� _� '` ,� +mow... +r 4 ■lis _�� '+ • t motif l 7• �, 1 ' 4� /yam/ �. i 4 sot i. i. ) aw.) �'. �� + .. , a3 • . 1 ai :, . ,. , „ ... _ , ..., . .. „,.... „..., 4 'ilk . r ia , , „..... ___ , r . , , , . , si„.,„ C. F Y ,,: _ ., _ « � . 'Pr . c:16 ; Y t t ---c x , . _ , . , ... vi..„..... - - .. ____ -, ! . '. -;-- - - - - ' - .. iiiimitain . . , .....„, . . , .. ix- u-) . t t } . , e .. ' kk Cr 03 v 1 T Ce , ‘. i 40 '0 - I -,.. , j y $ Y `k / ' , 1 . ''''''''' -‘, r r ' "' , 7 .._. ,.. ,, .t ,, .„ .. . }SMI `' t a �`' s.. .5 i - � +1�,�r '.: ,.. • . a3 .., r `._ t 79 ITEM V-L APPOINTMENTS ITEM#66102 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM HUMAN RIGHTS COMMISSION TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD WORKFORCE HOUSING ADVISORY BOARD Voting: 7-0 Council Members Voting Aye: M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Mayor William D. Sessoms,Jr. Rosemary Wilson June 21, 2016 80 ITEM V-L APPOINTMENTS ITEM#66103 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: DAVID M. HUDSON Unexpired term thru 12/31/2018 BOARD OF BUILDING CODE APPEALS— PLUMBING/MECHANICAL Voting: 7-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Mayor William D. Sessoms,Jr. Rosemary Wilson June 21, 2016 81 ITEM V-L APPOINTMENTS ITEM#66104 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: PETER MUELLER CHARLES SALLE' Four year term 09/01/2016—08/31/2020 DEVELOPMENT AUTHORITY Voting: 7-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Mayor William D. Sessoms,Jr. Rosemary Wilson June 21, 2016 82 ITEM V-L APPOINTMENTS ITEM#66105 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: DAVID A.ARIAS Three year term 07/01/2016—06/30/2019 EASTERN VIRGINIA MEDICAL SCHOOL-EMS Voting: 7-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Mayor William D. Sessoms,Jr. Rosemary Wilson June 21, 2016 83 ITEM V-L APPOINTMENTS ITEM#66106 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: CAITLIN JEFFERSON—Junior at Kellam High School Two year term 09/01/2016—08/31/2018 and LUCAS ANDERTON—Senior at First Colonial High School One year term 09/01/2016—08/31/2017 HISTORIC PRESERVATION COMMISSION Voting: 7-0 Council Members Voting Aye: M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Robert M Dyer Shannon DS Kane Mayor William D. Sessoms, Jr. Rosemary Wilson June 21, 2016 84 ITEM V-L APPOINTMENTS ITEM#66107 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: SUSAN T.MAYO Three year term 09/01/2016—08/31/2019 INVESTIGATIVE REVIEW PANEL Voting: 7-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Mayor William D. Sessoms,Jr. Rosemary Wilson June 21, 2016 85 ITEM V-L APPOINTMENTS ITEM#66108 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: GARLAND G.PAYNE—Kempsville District Three year term 09/01/2016—08/31/2019 PARKS and RECREATION COMMISSION Voting: 7-0 Council Members Voting Aye: M Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Mayor William D. Sessoms,Jr. Rosemary Wilson June 21, 2016 86 ITEM V-L APPOINTMENTS ITEM#66109 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: DIANE LaCLAIRE KELLY MILLER Three year term 09/01/2016—08/31/2019 PUBLIC LIBRARY BOARD Voting: 7-0 Council Members Voting Aye: M Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Robert M Dyer Shannon DS Kane Mayor William D. Sessoms, Jr. Rosemary Wilson June 21, 2016 87 ITEM V-L APPOINTMENTS ITEM#66110 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: EDITH WEISS Three year term 09/01/2016—08/31/2019 REVIEW AND ALLOCATION COMMITTEE- COG Voting: 7-0 Council Members Voting Aye: M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Mayor William D. Sessoms, Jr. Rosemary Wilson June 21, 2016 88 ITEM V-L APPOINTMENTS ITEM#66111 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: KENNETH D. JOBE RICHARD W. WHITTEMORE-Alternate Five year term 09/01/2016—08/31/2021 WETLANDS BOARD Voting: 7-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Robert M. Dyer Shannon DS Kane Mayor William D. Sessoms,Jr. Rosemary Wilson June 21, 2016 89 Item -V-O ADJOURNMENT ITEM#66112 Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 7:05 P.M. i, /I170 Amanda Finle Barnes, M C Louis R.Jones Chief Deputy City Clerk Vice Mayor uth Hodges raser,MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia June 21, 2016