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JULY 12, 2016 MINUTES T oil P- R% r Y 40 LpV4,4r Luv+s,o VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 12, 2016 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the Human Rights Commission (HRC)Annual Report in the City Council Conference Room, Tuesday, July 12, 2016, at 4:00 P.M Council Members Present: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None 2 ADD ON Mayor Sessoms requested the City Council observe a Moment of Silence for the recent shooting resulting in the death offive (5) Dallas, Texas, Police Officers. City Manager Hansen introduced and welcomed Ken Chandler, the new Deputy City Manager for Human Services, Libraries, Parks and Recreation, Human Resources, Public Health as well as the offices of Organizational Development and Volunteer Resources. Mr. Hansen also thanked Regina Hillard, Director, Human Resources,for filling in as Acting Deputy City Manager. July 12, 2016 3 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#66149 4:00 P.M. Mayor Sessoms welcomed William C. "Cliff" Rice, Chair — Human Rights Commission. Mr. Rice expressed his appreciation to City Council for their continued support: Vlr.inla Beach 4ANNUAL REPIIR 1 A TO CITE'COUNCIL Human Rights Commission 11 •� E V, 41110 I‘ 14101 rc I'iscaL Vl.AR 2016 Below is the Mission of the Commission: MISSION Cwnmb9on . The Virginia Beach Human Rights Commission exists to advocate for the human rights of residents in the City of Virginia Beach. The objectives of the Commission are: • To institute,conduct and engage in educational and informational programs for the promotion of mutual understanding and respect among citizens and the fulfillment of human rights. • To serve as a forum for discussion of human rights issues,to conduct studies and to propose solutions for the improvement of human relations in the City. • "lb provide assistance to persons Who believe their rights have been violated by identifying the appropriate ti.leral,state or local agency to address the complaint and referring such persons to that agency. July 12, 2016 II i 4 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#66149 (Continued) The Commission,for the third year,participated in Homelessness Awareness Week: Vir•IM.aacc� OA HOMEI,LSSNESS `l AWARENESS WLLK Commbeon • Members of the I-IRC attended the Atmual National I lomelessness Memorial Day Candle light Vigil on December 21,2015 at the Lighthouse(.enter. • 'Che HRC organized donations of new or used lightweight washable blankets,socks and powdered detergents for people struggling with homelessness. r.,1 x4 c j 44 Jj,4d ', ,..'‘,4,2!,,:,‘,;,... ' trfr Aw • .it i-i'fs On January 4, 2016, Members of the HRC signed the "Take Stand Together" launched by the Virginia Center for Inclusive Communities to speak out and stand with the Muslim community and others who felt marginalized. The HRC continues to be an active advocate and partner in promoting inclusive and educational dialogue with people of all faiths. O INI'ERFAITH 'il DIALOGUE m°mu:bv January 4,201(members of HRC signed the"We Stand Together,"Statement yr FIW a S— w Iatan,24,2016 IIRI participated m the Standing Together ' I-tampion Romp Community Lvent 1be Srdm rn and the.raw continues to promote religious education and understanding July 12, 2016 5 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#66149 (Continued) The HRC, on November 12, 2015, adopted a Resolution acknowledging all Refugees and displaced people worldwide, calling for government agencies of all levels to create a welcoming environment by treating all who seek asylum with dignity and respect: I2ESOLt"rIONS AND lir PROCLAMATIONS a Zu Refugee Resolution Proclamation in honor of the 25th a Anniversary of the Americans with � Disabilities Act. The HRC provided the letters below to City Council: O 'lir T()CITY COUNCIL . Support for the School Board ',1 ti Q f f t adding esr✓al orientation and sender identity as protected classes Support of partial explosion of Full Day toll-dal kindergarten programs Kindergartenrls op,,,, Drrars pr>},nm (.:_fv....:::,-.4A ,,i , .., . ., ,,. . 0 la ,: '�.. Support for Hight Rail expansion in Virginia l' J/111 t Beach basedon Human Rights implications s July 12, 2016 6 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#66149 (Continued) The HRC held their Annual Retreat on February 19, 2016, at the Office of Economic Development: AIN1NUAL I2E'I'REA'I Hum.n p aww4 tt � The IR,held it's annual retreat on February 19,2016 at the Office of I:iconomic ' l IetehTment. 1h eight hour retreat rens an mtensice planning session to develop the 11R( k AFork Plan for the ncct three years. Patricia(neer,I-Inman 14,tk1c,..,1_earrnne,and l)evelopment Atanager,acted as facilitator. The Commission hosted the 22"d Annual Awards Program: 22",1'ANNUM,HUMAN RIGHTS AVVARDS CEREMON'i Human Rights Award recipients" II Htme Beni,Johynta Caldwell,Emily Reaves,Jerry and Amy Frostick:'. Daniel M Stone Humanitarian Award Janet and George Moore Meyera E.C)berndarf Human RightsAward for Achievement in Government The ACA Marketplace Entailment Team,Dr,I[etch Kulberg,Pat Davidson,Ellen Burgess,VII MRC and them communal partners July 12, 2016 7 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#66149 (Continued) The HRC hosted the Virginia Association for Human Rights (VAHR)Annual Meeting and Conference on June 3-4, 2016, at a Virginia Beach Oceanfront Hotel. The Conference was attended by 27 Commissioners from across the State of Virginia: VAI IRANNUAL CONFERENCE Ihe conference on]une 3-4,2016,was attended by 27 Commissioners from across an state of Virginia. There were three plenary sessions: •}Body worn cameras. "'�; :•the I Islam-Muslim lnre.1111 ❖Cnil\Vfar Momrments and Aar Memorials At the suggestion of the HRC, the Virginia Beach Police Department announced the appointment of Sergeant Michele "Shelly"Meister as the first LGBT Liaison on May 11, 2016: COMMUNITY ACTION XV- m„ lM I1 2016 �� 'Ihe\'RFP �icel f rrr, c t' I I�r ur rgea��t M,chele Mers tI e firer\Itl I)It It � Lei d � i son '(( hebruary I 2016 ,S k {tk (I'tI 12 f I - rhe s3 bership meermg n� I.-' r �> M 201( {; 11 hi�.l Iterli. ,�iJ C.om utsl-m July 12, 2016 8 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#66149 (Continued) In years past, the HRC has served as both welcoming Ambassador and Observer during what has traditionally been known as "College Beach Weekend"or "Week 17": .IAN BeacM1 Citizen Advisory Committee E Commi stoners XV"- ark ndcd the VBPL)Citizen Advisory iwi a ii_ Committee meetings at each of the four precincts et cti ' =- month. :• he 1 I R(.'utilizes this opportumtp to engage with the community to identify and disc t .potential human rights concern,and to promote the clients of the VBPD as well as other City department,. ti•Several community partnerships have fotrnedlra attending these meetings. One of the objectives of the HRC is to provide assistance to persons who believe their rights have been violated. The Commission accomplishes this by identying the appropriate federal, state or local agency that can address any complaint and by referring the Complainer to the appropriate agency. This Chart is a breakdown of the 27 inquiries the HRC received in the last fiscal year: HUMAN RIGHTS INQUIRIES c z'mi:Yoe• is Employment ■Housing Public Accommodations Other Federal Hour Dowd tkaeakt Agency I;IAIt: Referrde EL.JO,.,,,,l Unman S.nus \'AASI aevavey“eneral State NoarA for I,opts attt t16olAlors I.nn7 I..1 Asti S-,.,,n ofl.Asarn Virgo. Ref+'a*alei t 3Jetr-trt of t.xl+or avd IndaavJ Regi knaLy Iiu iatt S.nn. ,y LfirxhJtn E.ac•6mnr - Mtaov70u..n<r•wtm�d Ind;u�*n Utfrre c:umunNuon 1flFP July 12, 2016 9 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#66149 (Continued) Members of the Human Rights Commission attend, organize and participate in numerous events throughout the year including: n.9.ncM1 Cyjl Community Events Numan uuM1p Cemml..lon * ttv F,65t a g � f Erni aM1s rya '•t:t , s 1, Air A .4 1 Mayor Sessoms thanked Council Lady Kane and Councilman Dyer for their leadership as well as Mr. Rice and the entire Commission for addressing those important issues in the City. July 12, 2016 10 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 4:18 P.M. Mayor Sessoms welcomed Chief James Cervera, Police. Chief Cervera expressed his appreciation to the City Council for their continued support: Virginia Beach Police Department CompStat Report 2016 6 Month Update "In some jobs, success is measured by what doesn't happen." Edward A.Flynn The preliminary clearance rate from January 1 — June 30, 2016, is 28.4% , with violent crime was at 73.5%: Virginia Beach Police Department PART I CRIME STATISTICS January 1 to June 30 Prelinena .Ian I to .hm 1 to lata! Iota) Percent Percent .tun 30 .tun 30 Perceul (7ra,'auces ('Ic:u:nnres (!cared cleared IN pc. 21115 21116 ('han2c 21119 21116 21115 2016 Honicide12 8 -33.3% 13 8 108.3% 100.0% Rape 75 102 36.0% 65 86 86.7% 84.3% Robbery 126 131 4.0% 67 66 53.2% 50.4% A••ravated Assault 129 136 54% 99 117 76.7°, 86.0% ..,u 44', :'.L321-'73 % Burglary 501 421 -16.0% 157 108 31.3% 25.7°% Larceny 3961 4,084 3.1% 1,172 1,034 29.6% 25.3% Motor Vehicle Theft 184 242 31.5% 30 39 16.3% 16.1% Arson 46 36 -21.7% 8 5 17.4% 13 9% pm. 440 id +4•43- 4 S ,4 l l a 167 1186^ 'ril';I :34 % 5 4 ,1 2S% I32Ak `='2 ra. Date:07/01/2016 Source UCR Part I Came Reports. July 12, 2016 11 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 (Continued) The majority of aggravated assaults are non-domestic: Aggravated Assaults January 1 to June 30,2016 78%of all rapes are known to the victim: Rape Victim to Offender Relationship January 1 to June 30,2016 Fc� • Stranger 5°h ,�«7P1 fii t�t July 12, 2016 12 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 (Continued) The number of larceny cases from vehicles has increased: Larceny January 1 to June 30 lb, ve 140 Oa aG15 f; r R a0is ,rn. ,87 II �nmY♦IUMn WmnY fmn lWNnl WunY,Iron MwrVWWM MrnnY,lMpxwy The areas below are those with the highest number of violent crimes: 1 Violent Crime Density January 1 to June 30,2016 + a -.;,,1:1*iWirik.ii It.* IN 6 '‘,, V ,-agoiii tp....,-*a, rta` 1#. 4' . .(----\, I , July 12, 2016 1 13 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 (Continued) The areas below are those with the highest number of robberies: Robbery Density low January 1 to June 30,2016 '1 °°- .'''',,e 4/14 ....„A, pr 1 4+4116 A ltillikg411011r1IMAIht. ..,41:--4,,' .4.4it' till'''''' '4,47141Af 1 ikettoti tvitla ','„1.,4114,10,482,.. „tow ,tb,V1844 4401k �s 1 a i ._: ,�� l The areas below are those with the highest number of residential burglaries: Residential Burglary Density January 1 to June 30,2016 m " " 1 lop.,40 ,1,,' ti `s° '4114t#04‘ b"; ;A ct. „,„„,,,,,..„,tc. ,r -ilk,. ,, ' 111, ,,*,640 --,, Is, 1 , 1- July 12, 2016 14 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 (Continued) There are a number of factors that have reduced the number of juveniles being arrested for violent crimes: Total of Adults and Juveniles Amsted January Ito June 30,2016 C 4n.I Hon od<: Mmdmr.J Non-Neghgen4 Mslss. ho 14 9 -357% 0 2 200.1', 14 II -2145. MwkugMer by Negligence 4 0 .1269% 0 0 00% 4 0 -100.04 Partible Pape 20 16 -20.0% 9 12 33.3 29 28 -l.4' Robbery 37 43 162% 21 26 23.8 58 69 1919 Aggnv4leJ Assaub 94 90 43% 2 1 -50.1'. 96 91 -5. BIe 70 52 -25.7/ 35 10 -714" 105 62 41.1'. larceny-Theft 691 558 .1924 155 155 0.1 846 713 -15. Auto Theft 12 14 16.7% 6 4 -33.3% 18 18 01' Smpk Assrvb 1,191 1,093 -8.2% 159 141 -1163% 1350 1,234 -86. WesponsCarry,Poaaess 105 123 17.1% 8 5 .37.5% 113 128 13 3, 23wm9UnJershelnflu ce I09S 104b 43% 4 l 250% 1,099 1051 444 rev 31 ` 46r 44% 199 +946 -18.8%. 333245' 3`404 -08% Source:Pislol Unaolm tome Repos Amst Repuns. The City has had 136 Heroin overdoses from January 1 to July 4, 2016, 21 of those resulted in death. The antidote has been successfully used 26 times since the first of the year by Police Officers: Heroin Update - 2016 • 136 documented heroin overdoses from January 1 to July 4, 2016 resulting in 21 overdose deaths. • 50 Revive kits with the Naloxone antidote were deployed to officers. The Narcan antidote has been successfully used 26 times since January 1, 2016 by VBPD. • July 12, 2016 15 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 (Continued) Chief Cervera continues to use the powerful and honest statement he saw during a past rally in support of the Police Department: "Strong Communities Make Police Obsolete": "Strong Communities Make Police Obsolete" Community Policing Efforts • Princess Anne Plaza Area • Western Bayside "3261" • Green Run • College Park • Pecan Gardens • Atlantis Apartments • Oceana Gardens Area • Seatack/ Birdneck Road Corridor Below are the Department's Community Outreach efforts: Community Outreach Efforts The VBPD has adopted a new "Community Outreach Work Group" consisting of VBPD members, Community Leaders and young adults. The work group have taken the following steps toward their goals : • Identified volunteers • Held workgroup meetings • Met with youth volunteers • Partnership with the Men of Faith • Engagement with Renaissance Academy July 12, 2016 16 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 (Continued) The LGBT Liaison position was recently created and works closely with the Human Rights Commission: LGBT Liaison Position • VBPD partnered with the Virginia Beach Human Rights Commission to form its first Lesbian, Gay, Bisexual and Transgender (LGBT) liaison position • Sergeant Michele Meister agreed to become the first VBPD LGBT Liaison Roughly 65 bags of garbage were removed from in and around Lake Edwards during a community event: Working with the Community Probationary Police Officer R.J.Smith 4 organized a community event to clean up the trash and debris in the alleys � , .� of West Hastings Arch (Lake Edwards) Several officers and about a half dozen residents took part in the effort. Roughly 65 bags of garbage were removed from the ground as well as other larger items that would not fit into a bag. Feedback from citizens thus far has indicated much appreciation for our officers'efforts. July 12, 2016 17 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 (Continued) Although the total number of charges increased during 2016's "Week 17", the City continues to see improvement. It is important to note the 2015 Week 17 was a total washout as it rained the entire weekend: College Beach Weekend -"Week 17" VBPD stressed outreach efforts to our external stakeholders. Area colleges were contacted to encourage promoting a healthy and safe weekend.VBPD teams worked with the local businesses and the hotel management/owner community solidifying a formal security plan intended to mitigate conflict. Other department members collaborated with Department of Justice representatives along with volunteers from the Virginia Beach Human Rights Commission to independently monitor the resort area with a focus on citizen and police interactions.In addition,college-aged volunteers actively engaged our visitors to ensure every individual was treated with respect,a friendly face and provide local information if needed. College Beach Weekend 5 Year Summary Oceanfront Arrests and Summons Type of Charge 12/13% 13/14% 14/15% 15/16% (#of Charges) 2012 2013 Change 2014 Change 2015 Change 2016 Change 1=' 7 7 0%IMMEICEMMINIKIMMEMI '. 80 -63.1% 47 108 129.8% 208 92.6% Tat ,"o ,i m Y h -1;. - 227 _76:e i ro ` 6% eM :v ,, College Beach Weekend —Social Media • Student Ambassador Twitter Handle (#Hashtag) —Student Ambassadors Tweeted live from CBW regarding various information(SOC location,safety alerts, public restroom locations, pictures,etc) throughout the weekend using the hashtag#CBW16 — Using the Ambassadors to tweet provided an outlet (other than VBPD)for students to receive messaging —Ambassadors were highly involved in activities that required them to promote and model positive behavior(think scavenger hunt) July 12, 2016 18 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 (Continued) Community Policing Efforts Everywhere Efforts All The Time Below is the 2016 Neighborhood Survey planned to be conducted: 2016 Neighborhood Survey Date Neighborhood September 7th Princess Anne Plaza September 14th Shadowlawn Heights, Friendship Village, and Atlantis Apartments September 21st Lake Edward West and Northridge September 28th Rosemont Forest South July 12, 2016 19 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 (Continued) Police Officers continue to respond to calls dealing with crisis intervention: Crime & Disorder - Not our only concerns... • Number of Officers needed to handle hours spent on CIT Calls ti in 2015 i,truss.t ade� Irv'as!irw74,, • 8 officers total time ' '�! :cio l . • 17 officers to staff a CIT Squad , `�i 430S� et 8" Veiny Below is an overview of CIT workload from January 1 to June 30, 2016: Crisis Intervention Team Workload January 1 to June 30 Precent Type 2015 2016 Change Number of Calls 1,520 1,585 4.3% Number of Officers Instances 4,504 4,555 1.1% Total Man-Hours Consumed 7,663 7,816 2.0% Average Call Time(Hours) 2.51 2.43 -3.2% Average Hours Per Officer 1.70 1.72 1.2% July 12, 2016 20 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 (Continued) S 4 , ,,,..,,,„„„.„ ,_.... .T.,.. . .. g, „ Leanin Forward .. .,. - 1-- - . v --- . ,,..,„- ,A...,:,...„, ,,,,,, ...:,„..„..„ c.,,.,„,......_y,.- ........... ,.... _,... _ .. r „. i, .. Resources • Additional Resources — 10 additional officers —Transitioning 4 officers from Mounted to Patrol • Resource Use —Neighborhoods(Western Bayside) —Town Center • Next Academy begins September 22nd July 12, 2016 21 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 (Continued) Examples of Arrests Made without Incident • Suspect Armed with Gun — 7 • Suspect Armed with Knife or Other— 6 Total Uses of Force • From January 1 to June 30th there have been 311 Incidents involving 694 individual uses of force July 12, 2016 22 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 (Continued) Citizen Encounters January 1- June 30, 2016 Total Calls for Service 86,498 UCR Adult Arrests 9,018 UCR Juvenile Arrests 676 TotalUCRM at`s ` 9,t494J Total Field Contacts 4,806 Total Uniform Patrol Traffic Sto.s 37,221 All Moving Violations 13,383 All Non Moving Violations 9,906 Total`violations 23' Mid-Year Use of Force by Type 350 ... ..._.. _.. _.__. ..... .. 300 ..... ........ ......_ ........ ... ..... ....... 250 i..... .. ............... ........ ____. ...... ........... ................. ............._ 200 150 ® ■ . ■ _ / M1b ti �jti 'g1A / / / July 12, 2016 23 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM#66150 (Continued) Since the first of the year, 373 firearms have been removed from the Streets: Firearms Removed from Streets 373 'From January 1 to June 30,2016 received in Property and Evidence Questions? 0111,, Mayor Sessoms expressed his appreciation to Chief Cervera and the entire Department for a job well done. July 12, 2016 24 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS PROGRAM ITEM#66151 4:49 P.M. Mayor Sessoms welcomed Erin Sutton, Emergency Management and Program Manager of Severe Repetitive Loss and Flood Mitigation Grant, and Mark A. Johnson, Public Works. Ms. Sutton expressed her appreciation to the City Council for their continued support: Severe Repetitive Loss and Flood Mitigation Grant Update July 12, 2016 Below is the Project Review. PROJECT REVIEW • Grant 1(2010-2015)is • 7 of 9 homes at$1,500,000 closed and we are working through remaining issues with homeowners. • Grant 2(2014-2017)is going • 8 homes at$1,227,143 out for bid in the next 30- 45 days. • Grant 3(2016-2019) • 5 homes at$874,610 notification of the award has been received by the City. • Grant 4 application has • 9 homes at$2,900,000 been submitted. 29 homes at $6,501,753 July 12, 2016 25 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS PROGRAM ITEM#66151 (Continued) The majority of properties are in Lynnhaven Colony: Flood Mitigation Assistance y \ , Grant 4FeaalWlih SWtly . i, wrsinaa. w , 3 �g M r, _« • �- i I iqgK , FEMA Grant 1 was closed on December 31, 2015: Timeline Grant 1 MILESTONE " DATE Application Submitted November 2010 Notification Grant was Approved November 2011 Hurricane Sandy September 2012 Drawings to FEMA February 2013 Bid Package#1 June 2013 Bid Package#2 October 2013 Contractor Meeting January 2014 Construction on First Home August 2014 Completion of Final Home July 2015 Closeout of Grant December 2015 Remaining Items Discussed and Addressed with Contractor May 2016 Remaining Homeowners Items Ongoing July 12, 2016 II 26 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS PROGRAM ITEM#66151 (Continued) Below are the specifics of items remaining under Grant#1: Items Remaining — Grant 1 • 2512 Long Creek Drive—Contractor made repairs; City has spent $30k on inspections, contracting for repairs. • 2981 Lynnhaven Drive—Crack in foundation identified and recommendation is to monitor. • 2001 Cove Road— Private roadway will be replaced and driveway apron corrected. • 472 Goodspeed Road— Minor issues, working with contractor to resolve. ' yak , '^»-"'"`' m'29 1 LY nhav n D.w. G ,.,' .91?ly hr,«wari. M+Cw,Pr=a N'ad July 12, 2016 27 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS PROGRAM ITEM#66151 (Continued) Below is the timeline of FEMA Grant#2: Timeline Grant 2 MILESTONE DATE Application Submitted for 8 Properties September 2013 Notification Grant was Approved September 2014 implementation Meeting with VDEM January 2015 Sent to Council for Approval February 2015 Meeting with Engineering Firm February 2015 Homeowners Meeting March 2015 Engineering Firm Contracted May 2015 Homeowner Meeting(group 1) October 2015 Review Budget Options with FEMA November 2015 Receive and Review Completed Designs June 2016 Put Project out for Bid (including pre-bid tour by August September 2016 contractors) Below is the current status of FEMA Grant#2: Grant 2 • 8 Homes Approved for Program. • Accepted and appropriated $1,227,144 from the Virginia Department of Emergency Management and established CIP 7-032. • 5 year promissory note offered due to the increased cost of foundation. 2757 Broad Bay Road 2708 Canal Road 2721 Canal Road 2929 Lynnhaven Drive 2709 Canal Road 2977 Lynnhaven Drive 2724 Canal Road 2912 Lynnhaven Drive July 12, 2016 28 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS PROGRAM ITEM#66151 (Continued) Below are the current issues for Grant#2: Current Grant 2 Issues • Helical piles have driven up the cost of the project. • FEMA has no additional funding to assist the homeowners. • Homeowners will need to contribute funds to Cc increased cost since deferring Lynnhaven Colony to next grant was not an option. • Separated homes into separate projects(bids), 5 on Bay Island and 3 in Lynnhaven Colony. Grant 2: Broad Bay Point 27 No W July 12, 2016 11 29 CITY MANA GER's BRIEFINGS SEVERE REPETITIVE LOSS PROGRAM ITEM#66151 (Continued) Grant 2: Lynnhaven Colony * ° 2929 Lynnhaven Drive " �` �� t i e 2912 Lynnhaven Drive , ( _ 2977 Lynnhaven Drive Below is the timeline of FEMA Grant#3: Timeline Grant 3 MILEST«NE DATE Notification of FMA Grant Open ng May 2015 Application Submitted for 5 properties August °2015 Notification Grant was Approved January 2016 Award Letter Received from FEMA June 2016 Council Approval July 2016 July 12, 2016 30 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS PROGRAM ITEM#66151 (Continued) Grant 3 • 5 Homes Approved — 2115 Wake Forest Street —2916 Breezy Road —716 Northgate Court — 2985 Lynnhaven Drive — 2100 Dawn Avenue • Grant amount: $875,000 • Feasibility studies completed • Notification in June 2016; Council Date July 12, 2016 Grant 3: Lynnhaven Colony tr M!p xg� 2100 Dawn Avenue 2985 Lynnhaven Drive ,n t. 2916 Breezy Road July 12, 2016 i 31 CITY AGERIV'S E SEVERE REPEMANTITE LOSSBRIPROGRAM ITEM#66151 (Continued) Grant 3: Other Houses ,,,,,,,,e„,, r.,s i . .> uter '; oma 716 Northgate Court 2115 Wake Forest Street Save Rep ttive Losa % r" • xr aG "'"'..7!" ,,„„,ev N. 4 ; i I.I Win-„ t i vaalCEsf ANNL vint] aeeas BAY POINT 1 it .. r t i X """ fRAN?i July 12, 2016 32 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS PROGRAM ITEM#66151 (Continued) Below is the current status of FEMA Grant#4: Current Status of Grant 4 MILESTONE DATE Notification of FMA Grant Opening February 2016 Application Submitted for 9 Properties May 2016 Notification Grant was Approved TBD Grant 4 • 9 Homes Selected for Application • Total Budget$2,914,971 • Used Benefit Cost Calculations—overall a benefit of 3.31 3003 Lynnhaven Drive 493 Goodspeed Road 3141 Lynnhaven Drive 1265 Tanager Trail 2940 Breezy Road 2005 Alphine Road 2920 Breezy Road 512 sr Street 316 29th Street July 12, 2016 33 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS PROGRAM ITEM#66151 (Continued) Below is the application development process: Application Development Process • Reviewed current SRL list for qualifying properties • Selected all properties that were: - Located in A Zone(Not V) - Under 3000 square feet - Had at least$50,000 in claims - Primary Residences • Sent Letters to these 13 properties • Received 11 responses - 9 qualified with BCA>1.0 - 1 did not qualify - 1 already elevated on their own Below is the proposed Budget for Grant 4: Proposed Grant 4 Budget city d vee4:e eexa,eal Yo0s'talon Payees ewye, Paaetne+Rdy11 saWM9]..kia.~1.A4[106#0 PEN14el4 T9 4rvnrt..1 iwN AM6.Sesr.Wl !W Kr•i 1 n lw �..i,•.mU 114 NC 00 14 ..f iI .. .5� 11g 94.3 .VW+Gvi•su .•.... ....;eb....... Lox.. ...._ silo.ro.w- two,sd .. SS W2 iY.a,nit 11 9.5 i...i] +^e ....:51 --.b -._. -. - ... aYtwl...m CON , da5 15SY4•ilcA1 f6 162 =amnW S:JM,Su : AN 00 0 ]a5 p, Er. t.�.xc x S i1 SS, 13,!.(0 3oi. bYt Sd if. I ]n .v.' a.*5 � "%No.! __51ni.inai_.....UM... ._—.551.ewno'----.-..—...—..__- .� Si]19.9NAi Sie5,9Y.45 eir$1,$ndr 3I awrMM,Mloe,4m 51"097.ma $2.04,90.1N= ! I roma 135.994.45 rot..Soroi.sa .994.45 Fa•mal.. 1 tVe.ae mmol . ] 1 — , -- • Used$108.83/sf to allow for helical piles • Added displacement of$96/day o 60 days (Off peak GSA rate for Virginia Beach) • $59,000 in pre-award for feasibility studies(not required,reimbursed if awarded) July 12, 2016 34 CITY MANAGER'S BRIEFINGS SEVERE REPETITIVE LOSS PROGRAM ITEM#66151 (Continued) Grant 4 316 29th Street 493 Goodspeed Road • .1g_S ° 1 512 58th Street 1265 Tanager Trail Grant 4 2005 Alphine Road 2920 Breezy Road ' ,`• *"" +-"* " .�€ tuiµ^ 2940 Breezy Road 3141 Lynnhaven Drive July 12, 2016 35 CITY MANAGE BRIEFINGS SEVERE REPETITIVE LOSS PROGRAM ITEM#66151 (Continued) a i Flood Mitigation Assistance ' Grants/FaasIWlltY Study 'w wwv.xa.n "�� awrvnant of PubNc worts �— owrauo•x.m. em I ® w ea .x mow. o I i ./.s ", VA Questions? $fl E . Mayor Sessoms expressed his appreciation to Ms. Sutton and everyone that worked on this Project. July 12, 2016 36 CITY COUNCIL'S BRIEFINGS ARENA FINANCING/DEVELOPMENT RESOLUTION(Proposed) ITEM#66152 5:04 P.M. Mayor Sessoms welcomed Douglas L. Smith, Deputy City Manager. Mr. Smith expressed his appreciation to the City Council for their continued support: tri Virginia Beach Arena Development P OP SECS CHA kC EE TO EI aANCIA.STRUCTURE City Council Briefing Douglas L. Smith, Deputy City Manager July 12, 2016 Below is an overview of today's Presentation: 2 Context: Review the Basic Deal • Review Current USM Request • Review Draft Resolution • Discussion July 12, 2016 37 CITY COUNCIL'S BRIEFINGS ARENA FINANCING/DEVELOPMENT RESOLUTION(Proposed) ITEM#66152 (Continued) Below is the "Basic Deal"from December 2015: 3 Privately owned, managed, controlled i;(. USM obligations Arena in Virginia Beach Finance,construct,operate Arena II City providing land, infrastructure and Build it in accordance with plans revenue streams supporting the facility's = Maintain and Operate Arena debt service according to minimum standards • City land leased through Virginia Beach for quality and number of events Development Authority(VBDA) • Primary operational standards=20 • Approximately 5 3 acres plus exclusive use of plaza events of 7,500 or more and and parking areas during events 450.000 total paid attendance • 60 year term = Subjective standards for maintenance and operation based • City's interest in land subordinated to private loan- on comparable arenas located in pay off loan or lose land Lincoln,Tulsa,Jacksonville • All"but-for taxes"and 1%hotel tax paid into Arena Fund and disbursed to USM for debt service • $76.5M in infrastructure paid from TIP Fund Below are the Arena Fund Agreement Highlights: 4 • 33-year term (depending on term of financing) • Direct taxes from Arena Operations("But For"taxes) included in Arena Fund based on actual receipts when received • Real estate taxes and Personal property taxes • Business license tax(BPOL) • Admission taxes • Local sales taxes(1%) • Local meals taxes(5 5%) • Portion of state sales tax(2.025%) • Citywide hotel tax(1% of hotel sales not including $1/night fee): $3.2 M placed in Arena Fund commencing July 1 of year in which the arena opens Annual cap(debt service and 6% return on equity) not to exceed $14.6M July 12, 2016 11 38 CITY COUNCIL'S BRIEFINGS ARENA FINANCING/DEVELOPMENT RESOLUTION(Proposed) ITEM#66152 (Continued) 5 • <Direct Annual Payments.by City to USM: " Otrect local taxes generated by crena -5.0 State tax generated by arena' -{3.2 T%:o lez''' a Hotel Taxes — Total nnua!Tomb s Returned to USM 4.4 ;het Cost of Cif't'Services r Total Direct Annual CIty Costs -q 9 Annual Debt Service on City Infrastructure ° 52 :., r Total Annual City Costs -13 4 Total Annual Net Fiscal Impacts(per CSL) TOTAL ESTIMATED ANNUAL NEGATIVE FISCAL IMPACT -$7.2 Note;AH aty ca:Is funded from TIP Fund na General fund Impact.TIP was established is create amens" for tourists and roftdents 6 July 12, 2016 39 CITY COUNCIL'S BRIEFINGS ARENA FINANCING/DEVELOPMENT RESOLUTION(Proposed) ITEM#66152 (Continued) Below is the comparison of the Domestic Bond Issue versus the Chinese Bank Loan: 7 Bond Issue through VBDA underwritten by B.C. Ziegler These bonds do not create an obligation on the part of the City, Commonwealth or VBDA beyond those already contained in the existing transaction documents - Bonds privately placed with major institutional investors (insurance companies, pension plans etc.) EXIM Bank of China no longer involved • Substantial benefit to remove risks associated with foreign lender • Change in source of financing does not require, in and of itself, an amendment to the Development Agreement approved by City Council and executed by City Below is the change in Debt/Equity Ratio: 8 • Council-approved agreement contemplated $170M debt/ $40M equity ($210M) ® Proposed structure contemplates $230M to $240M debt/$10M predevelopment expenses + equity from developer($240M to $250M) • $200M estimated construction cost—debt financed • $30M to$40M—debt financed for debt service reserve, capitalized interest, cost of issuance, G&A Reserve • Material change in debt equity mix necessitates amendment to Development Agreement July 12, 2016 40 CITY COUNCIL'S BRIEFINGS ARENA FINANCING/DEVELOPMENT RESOLUTION(Proposed) ITEM#66152 (Continued) 9 Original$ Proposed$ (December 2015) (July 2016) Sources Debt 170.0 230.0/240.0 --- ----------------------------- ------ --------- Equity 40.0 10.0 — -- --------------------- Total Sources Uses -- — ------ - -- - - — Construction 200.0 200.0 Debt service reserve,Capitalized interest,Cost of issuance, N/A TBD General&Admin Reserve Working capital 10.0 TBD Sub Total 10.0 30.0 to 40.0 - -- Total Uses------------- -- -- --------- ------ Below is the City Investment in the Project: 10 Amount of private equity to be invested was a material inducement to the City to make its own investment in the project City's investment consists of: Lease of the land where the arena will sit for 60 years (with fee interest in such land being subordinated to the debt) $ 6.1M Infrastructure improvements $76.5M Dedication of expected portion of City's hotel tax plus all taxes generated at the arena site for a period of 33 years Nominal Dollars $438 M NPV (4%) $229 M July 12, 2016 41 CITY COUNCIL'S BRIEFINGS ARENA FINANCING/DEVELOPMENT RESOLUTION(Proposed) ITEM#66152 (Continued) Below are the Considerations: 11 Requirements of USM based on existing Project Documents: Contribute approximately $40M of equity Obtain debt (approximately $170M) from private funding source, specifically an overseas lender Obtain a commitment letter evidencing this financing by September 9, 2016 (with two possible extensions) Draft resolution contemplates granting these extensions now(November 8, 2016) Close on financing within 10 months 12 Proposed new Bond Structure eliminates overseas lender and many associated uncertainties/risks Satisfaction of Conditions of Support would protect City's interests in project and ongoing contributions to it Bond Structure adds to overall cost of Arena as it requires capitalization (pre-funding from amounts borrowed) of construction interest, debt service reserve, cost of issuance, general & admin reserve Accordingly, amount of debt secured by Arena and City-owned land under the Arena increases July 12, 2016 42 CITY COUNCIL'S BRIEFINGS ARENA FINANCING/DEVELOPMENT RESOLUTION(Proposed) ITEM#66152 (Continued) Below are the Proposed Conditions of the City's Support: 13 • • Maximum amount financed: • shall be no more than$200M for construction or actual guaranteed maximum price for the design-build contract,whichever is less plus capitalized interest on a drawn-down basis, debt service reserves and issuance costs = shall not include any previously incurred expenditures by USM or any development fee payable to USM • No change to Maximum Payment Cap(Schedule 2 of the Arena Fund Agreement), including maximum annual payment amounts and maximum 33 year term • Complete independent financial feasibility study shall be provided to the City prior to any vote on an amendment to the Development Agreement 14 • The bonds to carry an investment grade rating from one of the three major rating agencies: • Moody's: at least Baa3 • S&P: at least BBB- Fitch: at least BBB- . Repayment of bonds = shall be payable solely from project revenues, including previously agreed City incentives = shall not be a general obligation of the City, Development Authority or the Commonwealth of Virginia • All protections and cure rights of the City will be included in all final Project Documents July 12, 2016 43 CITY COUNCIL'S BRIEFINGS ARENA FINANCING/DEVELOPMENT RESOLUTION(Proposed) ITEM#66152 (Continued) 15 I. Maximum amount financed shall be no more than$200M for construction or the actual guaranteed maximum price for the design-build construction contract,whichever is less;plus capitalized interest on a drawn-down basis,debt service reserves and issuance costs 2. The amount financed shall not include any previously incurred expenditures by USM or any development fee payable to USM 3. Maximum Payment Cap set forth on Schedule 2 to the Arena Fund Agreement shall not change,including the maximum annual payment amounts and the maximum 33 year term of such payments. 4. A complete independent financial feasibility study shall be provided to the City prior to any vote on an amendment to the Development Agreement. 5. The bonds shall carry an investment grade from one of the three major rating agencies. ' Moody s.at least Baa3 S&P.at least BBB- s Fitch at least BBB- 6. Repayment of the bonds shall be payable solely from the revenues from the protect,including the previously agreed City incentives,and shall nut be a general obligation of the City,Development Authority or the Commonwealth of Virginia 7. All protections and cure rights of the City contemplated by the Project Documents will be included in the final Project Documents and final documents evidencing the Bond Structure 16 Discussion Mayor Sessoms thanked Mr. Smith and the entire Team for their hard work in moving this project forward. July 12, 2016 44 CITY COUNCIL'S BRIEFINGS CITY COUNCIL COMMENTS ITEM#66153 5:24 P.M. Councilman Dyer introduced Dr. Naseeb Michael Kaleel, former resident of the City and Regent University Graduate. Dr. Kaleel lives in Youngtown, Ohio, and recently wrote a book on "Effective Economic Development Methods for Municipalities". A lot of the coursework was done in the City and references Virginia Beach multiple times. July 12, 2016 45 CITY COUNCIL COMMENTS ITEM#66154 (Continued) Council Lady Henley attended the Agriculture Advisory Commission meeting last night where the issue of a bounty on coyotes came up. At a recent City Council Meeting during Open Dialogue, a Citizen spoke regarding this very same issue and last night the Farm Bureau shared the same concerns. The Farm Bureau proposed to include this in their State Resolutions request to the Game and Inland Fisheries. They also requested the City consider including it in their Legislative Package as well. Delegate Knight was in attendance and supports this request. The Farm Bureau is asking the City to look at the Land-Use Taxation Evaluation for assessments. Since beginning of Program, the City used the recommended amount from the State Land Evaluation and Advisory Council (SLEAC); however, the Farm Bureau is now requesting the City adopt a policy using $1,800 per acre (the current ARP valuation for Agriculture Land) or SLEAC, whichever is less. Council Lady Henley asked the City Manager, along with Management Services, the Real Estate Assessor and City Auditor, look at this proposal and bring back a recommendation. July 12, 2016 0141A•BE X14L City of VIr irnia I each 1,4_6 S Op 0UR VBgov.corn BARBARA M.HENLEY PHONE: (757)426-7501 CITY COUNCIL MEMBER-PRINCESS ANNE-DISTRICT BARBARA@BARBARAHENLEYCOM 7 In Reply Refer to 0058337 July 12, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion of a legislative proposal to seek a cap in the land use value of agricultural properties by the State Land Evaluation Advisory Committee. 2. I have an ownership interest in Henley Farm, L.P., and its principal office address is 3513 Charity Neck Road, Virginia Beach, Virginia 23456. Henley Farm, L.P. is a participant in the land use value program and participates in the Agricultural Reserve Program. 3. I am a member of a group of three or more persons—owners of agricultural use properties and participants in the Agricultural Reserve Program—the members of which are affected by the transaction. 4. I am able to participate in this transaction fairly, objectively, and in the public interest. 3513 CHARITY NECK ROAD,VIRGINIA BEACH,VIRGINIA 23456 Mrs. Ruth Hodges Fraser -2- July 12, 2016 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Sincerely, IL )f2Z ' Barbara M. Henley Councilmember BMH/DRH 46 CITY COUNCIL COMMENTS ITEM#66155 (Continued) Councilman Moss acknowledged if it were not for Donald "Donnie" Edwards and his efforts regarding the Oyster Heritage Plan, the City would not have realized a Plan had not been adopted. Mr. Edwards worked from October to January before the City acknowledged a Plan had not been adopted for the Oyster Heritage Plan. Councilman Moss commended the work of the City Auditor, Lyndon Remias, on this Project. Councilman Moss stated he has a problem with is the City rewarding someone that completed work without a valid contract incurring over $60,000 in expenses and no legal liability for the City to pay. Mayor Sessoms advised he respects Councilman Moss'comments but feels there are a lot of good people trying to do good things in the City. Mayor Sessoms feels this is a moral obligation to make this payment as the work was done in good faith. July 12, 2016 47 CITY COUNCIL COMMENTS ITEM#66156 (Continued) Council Lady Ross-Hammond enjoyed the Chase Bryant concert at Catch 31 and was thrilled to learn the lead guitarist and drummer are both from the City. July 12, 2016 48 AGENDA REVIEW SESSION ITEM#66157 5:30 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 18-114 and ADD Section 18-114.1 re Business License Tax(BPOL)for Marine Cargo shipping companies 2. Resolution to ENDORSE the ARENA bond financing arrangement proposed by United States Management (USM) and EXTEND time for meeting certain deadlines in the Arena Development Agreement 3. Ordinance to DECLARE property at 225 Gatewood Avenue as EXCESS and AUTHORIZE the City Manager to EXECUTE the necessary documents to sell same to Raymond P. and Karen J. Gayhart DISTRICT 6-BEACH 4. Resolution to DECLARE Montage Resort Apartments to be a Revitalization Area 5. Ordinance to AUTHORIZE temporary encroachments into City-owned, property known as Treasure Canal, at 2009 Compass Circle re vinyl bulkhead and other improvements DISTRICT S—LYNNHAVEN 6. Ordinance to AMEND FY2016-17 Operating Budget of the Department of Housing and Neighborhood Preservation re HUD,Home Programs and Virginia Rental Assistance 7. Oyster Heritage Plan. a. Resolution to AUTHORIZE Oyster Heritage Plan b. Ordinance to an APPROPRIATE and TRANSFER: i. $56,797 from Oyster Heritage Fund to Planning ii. $ 3,294 from General Fund Reserve for Contingencies to Planning iii. $40,000 from Oyster Heritage Fund to Public Works 8. Ordinance to ESTABLISH the "Flood Mitigation Grant Program II" and ACCEPT and APPROPRIATE Grant Funds re elevating homes susceptible to repeat flooding 9. Ordinance to APPROPRIATE funds from General Fund: a. $181,813 to the Virginia Aquarium Building Systems and Facility Infrastructure re demolition of collapsed aviary netting b. $640,673 to the Aquarium Marsh Pavilion re exhibits destroyed when the aviary collapsed ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#2 COUNCILMAN UHRIN, COUNCIL LADY WILSON AND COUNCILMAN UHRIN FILED DISCLOSURE LETTERS MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 ITEM#7a/b(i ii/iii) WILL BE CONSDERED SEPARATELY VICE MAYOR JONES WILL ABSTAIN ON ITEM#7a/b(i/ii/iii) July 12, 2016 49 AGENDA REVIEW SESSION ITEM#66157 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. WALLER ENTERPRISES, LLC/RHAE ADAMS JR.for a Subdivision Variance at 221 75th Street DISTRICT 5—LYNNHAVEN 2. IGLESIA CRISTIANA NUEVA VIDA /118 ASSOCIATES, LLC for a Modification to the Indian Lakes Land Use Plan for a Conditional Use Permit re religious use at 1100 Indian Lakes Boulevard DISTRICT 2—KEMPSVILLE 3. ACELA AGUERREBERE LANE for a Conditional Use Permit re Family Day-Care at 1425 Glenwood Links Lane DISTRICT 1 —CENTERVILLE 4. CHRISTIAN BROTHERS AUTOMOTIVE CORPORATION / CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC.for a Conditional Use Permit re auto repair garage at the corner of Holland Road and Warwick Drive DISTRICT 3 — ROSE HALL COUNCILMAN WOOD WILL ABSTAIN ON ITEM#4 July 12, 2016 50 ITEM#66158 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Princess Anne District PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Arena (Proposed Amendment to Development Agreement) 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 July 12, 2016 51 ITEM#66158 (Continued) Upon motion by Councilman Wood, seconded by Council Lady Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 5:32 P.M. Voting. 11-0 Council Members Voting Aye. M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent. None Closed Session 5:32 P.M. - 5:50 P.M. July 12, 2016 52 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 12,2016 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, July 12, 2016, at 6:00 P.M. Council Members Present: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Father James Parke Retired Priest of Diocese of Richmond PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. July 12, 2016 53 Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank. Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identiffing any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. July 12, 2016 54 Item—VI-E CERTIFICATION ITEM#66159 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 1/, \ )a',a 0 `OUR NA1ON 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#66158 Page 51 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges raser, MMC City Clerk July 12, 2016 55 Item-VI-F MINUTES ITEM#66160 Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 5, 2016. Voting. 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 56 ADOPT AGENDA FOR FORMAL SESSION ITEM#66161 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 12, 2016 57 Item- VI-H.1 PUBLIC HEARINGS ITEM#66162 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY 225 Gatewood Avenue—District 6 Beach There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING July 12, 2016 58 Item- VI-I ORDINANCES/RESOLUTIONS ITEM#66163 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items 1, 3, 4, 5(MAYOR SESSOMS ABSTAINED), 6, 8 and 9a/b. Voting.• 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 59 Item-VI-I.1 ORDINANCES/RESOLUTIONS ITEM#66164 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 18-114 and ADD Section 18-114.1 re Business License Tax(BPOL)for Marine Cargo shipping companies Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTION 18-114 AND TO ADD SECTION 18- 3 114.1 REGARDING THE BUSINESS LICENSE 4 TAX FOR MARINE CARGO SHIPPING 5 COMPANIES 6 7 Section Amended: § 18-114 8 Section Added: § 18-114.1 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA THAT: 12 13 That Section 18-114 of the City Code is hereby amended and reordained and 14 Section 18-114.1 of the City Code is hereby added to read as follows: 15 16 Sec. 18-114. - Transportation and warehousing businesses. 17 18 (a)The license tax rate for every person engaged in any transportation and 19 warehousing business shall be 0.36 percent of the gross receipts in such business 20 during the preceding calendar year. 21 22 (b)Transportation and warehousing businesses referred to in this section shall include 23 those businesses set out below and any miscellaneous transportation and 24 warehousing business not elsewhere classified: 25 26 (1) Local trucking and storage. 27 (2) Farm product warehousing and storage. 28 (3) Refrigerated warehousing. 29 (4) Food lockers, with or without food preparation facilities. 30 (5) Household goods warehousing and storage. 31 (6) General warehousing and storage. 32 (7) Towing and tugboat service. 33 (8) Excursion boats. 34 (9) Sight-seeing boats. 35 (10 36 (11) Water transportation services, not elsewhere classified: 37 a. Boat hiring, except pleasure. 38 b. Boat yards, storage and incidental repair. 39 c. Marine salvaging. 40 d. Rental or charter of commercial boats. 41 (11 42) Flying charter service. 42 (12 .1-3) Sight-seeing airplane service. 43 (131-4) Airports and flying fields. 44 (14 1-5) Pipeline transportation. 45 (15 46) Transportation services. 46 (16 1-7)Arrangement of transportation. 47 (17 1-8) Stockyards. 48 (18 1-9) Packing and crating. 49 50 Sec. 18-114.1. - Marine Cargo Shipping. 51 52 The license tax rate for every person engaged in the business of marine cargo 53 shipping, not arrangement of transportation, haulers or deliverers, shall be as follows: 54 55 (a) 0.36 percent of the gross receipts during the preceding year up to 56 $500,000.00, plus 57 58 (b) 0.000001 percent of the gross receipts during the preceding year in excess of 59 $500,000. Adopted by the Council of the City of Virginia Beach, Virginia on the 12thday of July 2016. "OVED A' TO '• TENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of Revenue Ci • rl'rey's Oice CA13779 R-1 July 5, 2016 60 Item-VI-I.2 ORDINANCES/RESOLUTIONS ITEM#66165 Douglas Smith, Deputy City Manager advised during the Closed Session City Council discussed the Conditions of Support and Items 4 and 5 are therefore revised. The intent of these two items is to ensure the quality of the bonds that are ultimately issued for the project. The changes to the Conditions of Support are identified below: 17 1. Maximum amount financed shall be no more than$200M for construction or the actual guaranteed maximum price for the design-build construction contract,whichever is less,plus capitalized interest on a drawndown basis,debt service reserves and issuance costs 2. The amount financed shall not include any previously incurred expenditures by USM or any development fee payable to USM 3. Maximum Payment Cap set forth on Schedule 2 to the Arena Fund Agreement shall not change,including the maximum annual payment amounts and the maximum 33 year term of such payments . A complete independent financial feasibility study shall be provided to the City prior to any vote on an amendment to the Development Agreement, 5. The bonds carry an investment grade from one of the three major rating agencies • Moody's at least Baa3 " S&P:at least BBB- e Fitch,at least BBB- 6. Repayment of the bonds shall be payable solely from the revenues from the project,including the previously agreed City incentives,arid shall not be a general obligation of the City,Development Authority or the Commonwealth of Virginia 7. All protections and cure rights of the City contemplated by the Project Documents will be included in the final Project Documents and final documents evidencing the Bond Structure Barbara Messner spoke in OPPOSITION. Ms. Messner stated a number of Council Members have conflicts of interest and should not discuss or vote on this project. None of the taxes generated from this project will be returned to the General Fund Ms. Messner feels that all businesses should "stand on their own" and not be subsidized with taxpayer money. She feels this is the wrong location,funding and time. Kenny Golden, 3425 Montgomery Place, Phone: 581-7499, spoke in OPPOSITION. The Virginia Beach Tea Party voted to oppose the Arena deal and he is here to voice the reasons behind the opposition. The infrastructure costs are said to be between $59-73-Million. This is a tremendous amount of money as the City continues to go deeper in debt. Parking is a main concern and he continues to have concerns regarding the Veteran's Memorial. Hampton Roads does not have the number of people or the infrastructure to support an Arena. July 12, 2016 61 Item-VI-I.2 ORDINANCES/RESOLUTIONS ITEM#66165 (Continued) Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, Resolution, AS REVISED, to ENDORSE the ARENA bond financing arrangement proposed by United States Management (USM) and EXTEND time for meeting certain deadlines in the Arena Development Agreement Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: None July 12, 2016 1 2 RESOLUTION ENDORSING THE ARENA BOND 3 FINANCING ARRANGEMENT PROPOSED BY 4 UNITED STATES MANAGEMENT AND 5 EXTENDING TIME FOR MEETING CERTAIN 6 DEADLINES IN THE ARENA DEVELOPMENT 7 AGREEMENT 8 9 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager 10 and City staff have engaged in extensive negotiations with representatives of United 11 States Management, LLC, and its affiliates (collectively "USM"), regarding the 12 development of an arena on City-owned property adjacent to the Virginia Beach 13 Convention Center (the "Arena"); 14 15 WHEREAS City staff and representatives of USM developed a non-binding term 16 sheet for the construction and operation of the Arena (the "Arena Term Sheet"). 17 18 WHEREAS, on December 9, 2014, by Resolution RES-03707, the City Council of 19 the City of Virginia Beach (the "City Council") approved the Arena Term Sheet dated 20 November 25, 2014 and authorized the development of definitive project documents 21 (the "Project Documents"); 22 23 WHEREAS, the Arena Term Sheet reflected the understanding of the City 24 Council and USM of the terms and conditions for the development of the Arena and 25 served as a basis for the definitive, binding documents between the parties; 26 27 WHEREAS, on December 8, 2015, by Resolution RES-03760 (the "Approval 28 Resolution"), City Council adopted a Resolution approving (i) the execution of the 29 Project Documents, and (ii) authorizing the transfer of approximately 5.8 acres of land 30 (the "Project Land") to the City of Virginia Beach Development Authority (the "Authority") 31 on the terms set forth in the Project Documents. 32 33 WHEREAS, the parties executed a Development Agreement dated December 34 11, 2015, with a form of the remaining Project Documents attached thereto as exhibits 35 (the "Development Agreement"); 36 37 WHEREAS, the Project Documents contemplated that USM would obtain a loan 38 to finance its obligations for the development of the Arena from a foreign lender in the 39 principal amount of approximately $170M, and that USM would also contribute $40M in 40 equity to the completion of the Arena. 41 42 WHEREAS, USM has approached the City with a new financing plan, which 43 includes selling approximately $230M in taxable bonds to finance all aspects of the 44 construction of the Arena (the "Bond Structure"), and contributing $10M in pre-opening 45 development costs. 46 47 WHEREAS, USM has proposed to engage B.C. Ziegler, a nationally known 48 investment bank, headquartered in Chicago to serve as the underwriter for the bonds 49 sold under the Bond Structure; 50 51 WHEREAS, the bonds proposed by USM would be issued by the Authority as a 52 conduit issuer. By statute, Va. Code §15.2-4909, the bonds issued would be the debt of 53 neither the City, the Commonwealth nor the Authority, and, in the event of a default 54 under the bonds, neither the City, the Commonwealth nor the Authority would be under 55 any legal obligation to cure a default or pay any sums owing under the bonds; 56 57 WHEREAS, the Bond Structure eliminates the overseas lender and many of the 58 uncertainties and risks associated with that source of funds, and is expected result in a 59 lower interest rate than was anticipated under the international financing and therefore a 60 savings to the Arena; 61 62 WHEREAS, the Bond Structure anticipates financing one hundred percent 63 (100%) of the cost of construction, not to exceed $200M, plus requires the capitalization 64 (pre-funding from amounts borrowed) of items including, most notably, (i) construction 65 interest, (ii) debt service reserves; and (iii) costs of issuance. Accordingly, the amount 66 of debt secured by the Arena and the City-owned land under the Arena increases; 67 68 WHEREAS, the Project Documents contain a September 9, 2016 deadline for 69 USM to obtain a commitment letter evidencing their proposed financing (the "Outside 70 Commitment Deadline"); 71 72 WHEREAS, the Project Documents also provide for the extension of the Outside 73 Commitment Deadline by the City by up to sixty (60) days; 74 75 WHEREAS, to ensure USM has ample time to complete the due diligence 76 necessary to secure the financing contemplated by the Bond Structure, Council is of the 77 opinion that the Commitment Deadline should be extended as contemplated by the 78 Project Documents until November 8, 2016; 79 80 WHEREAS, Council is of the opinion that the Bond Structure, by utilizing a 81 domestic source of capital, presents significant advantages to the previous international 82 structure contemplated by USM and therefore potential benefits to the City of Virginia 83 Beach and its residents; and 84 85 WHEREAS, Council enthusiastically supports USM's pursuit of the Bond 86 Structure so long as the final terms of that financing are consistent with the Conditions 87 of Support, attached hereto and incorporated herein as Exhibit A. 88 89 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 90 OF VIRGINIA BEACH, VIRGINIA: 91 92 1. City Council supports USM's pursuit of the Bond Structure and USM's 93 engagement of B.C. Ziegler to facilitate the Bond Structure, so long as such financing is 94 consistent with the Conditions of Support attached hereto as Exhibit A. 95 96 2. The Outside Commitment Deadline is hereby extended until November 8, 97 2016, with no further extensions without further City Council approval. 98 12th 99 Apopted by the Council of the City of Virginia Beach, Virginia, on the day 100 of J u y , 2016. Requires an affirmative vote of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PIP City Attorney a egi . o Area Offi gp C ty tto ey APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: f4111° Department of Finance E no c Development CA13617 R-1 July 5, 2016 (ALTERNATE VERSION) EXHIBIT A City's Conditions of Support 1. Maximum amount financed shall be no more than $200M for construction or the actual guaranteed maximum price for the design-build construction contract, whichever is less; plus capitalized interest on a drawn-down basis, debt service reserves and issuance costs. 2. The amount financed shall not include any previously incurred expenditures by USM or any development fee payable to USM. 3. Maximum Payment Cap set forth on Schedule 2 to the Arena Fund Agreement shall not change, including the maximum annual payment amounts and the maximum 33 year term of such payments. 4. A complete independent financial feasibility study and an indicative rating letter from a major rating agency shall be provided to the City prior to any vote on an amendment to the Development Agreement. 5. The bonds shall are anticipated to carry an investment grade from one of the three major rating agencies: Moody's: at least Baa3 S&P: at least BBB- Fitch: at least BBB- 6. Repayment of the bonds shall be payable solely from the revenues from the project, including the previously agreed City incentives, and shall not be a general obligation of the City, Development Authority or the Commonwealth of Virginia 7. All protections and cure rights of the City contemplated by the Project Documents will be included in the final Project Documents and final documents evidencing the Bond Structure. SLf 5 City of Vir irZia Beach I ,pts 5 0� OF OUR NAT�0 VBgov.com JOHN E.UHRIN PHONE: (757)200-7005 COUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM Refer to File No. 0058341 July 12, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution endorsing the arena bond financing arrangement proposed by United States Management and extending time for meeting certain deadlines in the arena development agreement. 2. The arena project could increase demand for hotel rooms in the Resort Area, and the project agreement also contemplates a temporary increase in the hotel tax. 3. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the Resort Area. 4. I am a member of a business, profession or occupation, namely Resort Area hoteliers. To the extent the approval of this transaction may affect the business of hotels in the Resort Area, all members of this profession may be affected by the transaction. 215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451 il 1 Mrs. Ruth Hodges Smith -2- July 12, 2016 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 5. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Burlage Management Corporation is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Since ly, L J E. Uhrin Councilmember JEU/RRI II I 11�rA FA�� 4ra 4, 1 City of Virginia Brach k.6 itr OUR NA ,J'4 ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX: (757)385-5669 Refer to File No. 0058340 July 12, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(11), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution endorsing the arena bond financing arrangement proposed by United States Management and extending time for meeting certain deadlines in the arena development agreement. 2. The arena project could affect nearby property and could impact the marketability and value of such properties, which could potentially impact real estate service providers, including Berkshire Hathaway HomeServices Towne Realty ("Berkshire Hathaway"). 3. I am a real estate agent affiliated with Berkshire Hathaway, and I have a personal interest in the company because I receive commissions from the company. The only income I receive from Berkshire Hathaway is my own commissions from my own sales. 4. I personally have no current real estate listings in the immediate vicinity of the proposed arena project. Likewise I am not aware of, and am not currently 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Smith -2- July 12, 2016 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) pursuing, any potential future listing in the immediate vicinity of the proposed arena project. 5. I am a member of a business, profession or occupation, namely real estate service providers, the members of which may currently or at some point in the future be involved in the marketing and sale of property in the vicinity of the arena. To the extent the approval of this transaction may affect property values in the immediate vicinity of the arena project and therefore affect sales commissions, all members of this profession may be affected by the transaction. 7. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Berkshire Hathaway is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2- 3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, Rosemary A. Wilson Councilmember RAW/RRI 0141A-13E40 Jti4` hL amity of Vir iriia I ;each ks e Op OUR NA-0- VBgov.com JAMES L.WOOD PHONE: (757)340-8411 COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX (757)340-2082 jlwood @ vbgov.com Refer to File No. 0058342 July 12, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution endorsing the arena bond financing arrangement proposed by United States Management and extending time for meeting certain deadlines in the arena development agreement. 2. The arena project could affect nearby property and could impact the marketability and value of such properties, which could potentially impact the value of real estate in the vicinity of the arena. 3. I have an ownership interest in 603/605 22"d Street, L.L.C. and 609/607 22"d Street L.C. The principal office address for both companies is 208 Ash Avenue, Suite 101, Virginia Beach, VA 23452. 4. 603/605 22"d Street, L.L.C. owns property located at 603 and 605 22"d Street; 609/607 22"d Street L.C. owns property located at 607 and 609 22nd Street. All of this real property is located approximately three blocks from the proposed arena site. 208 ASH AVENUE,SUITE 101,VIRGINIA BEACH,VA 23452 Mrs. Ruth Hodges Smith -2- July 12, 2016 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 5. I am a member of a group of more than three persons, namely persons with ownership interests in land in the vicinity of the arena project (either via direct ownership or via ownership of a company that owns the land). To the extent the approval of this transaction may affect the value of land in the vicinity of the arena project, all members of this group may be affected by the transaction. 6. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to 603/605 22nd Street, L.L.C. or 609/607 22nd Street L.C. is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerel , IF es L. Wood Councilmember JLW/RRI 62 Item-VI-I.3 ORDINANCES/RESOLUTIONS ITEM#66166 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE property at 225 Gatewood Avenue as EXCESS and AUTHORIZE the City Manager to EXECUTE the necessary documents to sell same to Raymond P. and Karen J. Gayhart DISTRICT 6-BEACH Voting.• 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 I i 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 225 GATEWOOD 3 AVENUE (GPIN 2407-02-3622) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO RAYMOND P. 7 GAYHART AND KAREN J. GAYHART 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 15,000 sq. ft. parcel of land located at 225 Gatewood Avenue (the "Property") more 11 particularly described on Exhibit "A" attached hereto and made a part hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Property is in the midst of other residences and at the 21 time of acquisition was improved with a single-family home; 22 23 WHEREAS, Raymond P. Gayhart and Karen J. Gayhart (the "Gayharts") 24 own the adjacent property and they have requested to purchase the Property in order to 25 utilize it in a manner compatible with the APZ-1 Ordinance; 26 27 WHEREAS, the Gayharts desire to purchase the Property in accordance 28 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 29 30 WHEREAS, the APZ-1 Disposition Committee has recommended that City 31 Council declare the Property to be in excess of the City's needs and sell the Property to 32 the Gayharts; and 33 34 WHEREAS, the City Council is of the opinion that the Property is in 35 excess of the needs of the City of Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 40 That the Property located at 225 Gatewood Avenue is hereby declared 41 to be in excess of the needs of the City of Virginia Beach and that the City Manager is 42 hereby authorized to execute any documents necessary to convey the Property to 43 Raymond P. Gayhart and Karen J. Gayhart in accordance with the Summary of Terms 44 and such other terms, conditions or modifications as may be acceptable to the City 45 Manager and in a form deemed satisfactory by the City Attorney. 46 Further, that revenue from the sale of the Property in the amount of 47 $15,000.00 will be received and fifty percent (50%) of the amount will be deposited for 48 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana 49 and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be 50 deposited for future payment by the City Manager to refund the Commonwealth's 51 portion in accordance with the grant agreement. 52 This ordinance shall be effective from the date of its adoption. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 55 l2th day of July , 2016. CA13603 R-1 6/21/16 \\vbgov.com\dfs 1\applications\citylawprod\cycom 32\wpdocs\d021\p021\00297605.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT DJDovvu.) Public Works u.k25 I(4, U Budget & Management Service APPROVED AS TO LEGAL SUFFICIENCY fi(t;. tri y � rn: 's Office' EXHIBIT "A" GPIN: 2417-02-3622 (225 Gatewood Avenue) All that certain lot, piece or parcel of land, with the buildings and improvements thereon, belonging, lying and situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot Twenty-Seven (27), as shown on that certain plat entitled, "Revised Plat of Gatewood Park," which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 87, and said Lot is also shown in Map Book 34, at page 16, reference to which are hereby made for a more particular description thereof. More commonly known as 225 Gatewood Avenue, Virginia Beach, Virginia. RESERVING UNTO THE CITY all right, title and interest of the City or the public in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City or the public. IT BEING the same property conveyed to the City of Virginia Beach by deed dated June 17, 2015 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20150617000559740. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 225 GATEWOOD AVENUE Seller: City of Virginia Beach Buyers: Raymond P. Gayhart and Karen J. Gayhart Property: 15,000 square feet of property generally known as 225 Gatewood Avenue (GPIN: 2407-02-3622) Legal Description: See Exhibit "A" to Ordinance Sale Price: $15,000.00 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the Property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Seller shall resubdivide the Property and the Buyers' adjacent property at the Sellers expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Closing shall be on or before July 12, 2017. w p , Z J— rn -,, 0 a �, 1 W .r 1 t 1 a - �OWZN o i_ Lu csi CNI ______ \ \ \----L.-- O. ii — v-----) \ \ - ce H CI CN11 it- -1 - tZWaW0 0 0LT,, � a � o oQWN 1;1.. 2QzN \iiiI a U OCD 0 V----- 1,'Z' a Nca ;� U) No EE w W . i\\ _ 1\ -~--- -�~- ___--'----- GP1/41 ,----- \---''0 ._ \ r - ___- i -,--T?) iq I \ L— iW \ \\ kz 11111111111 \ O. Z > N 111 a Zai ` i GNOeoN OQ t C? aN___- Ne • ,----1 F.. nr \ 0 -----"P t___i - G C1 N Rf g 2 r N J� V p '- ` \ .2 N l m k \\\\\ 1 j am, IIII ra i \II\\ S 1 `{i ter! y c Q N t o .- Ei ,c w \_ \ \---1 Z N ';-• 0 F-.. \— \ C ki I-- D ,, NNHAVEN PW 41 V J Z C 63 Item-VI-L4 ORDINANCES/RESOLUTIONS ITEM#66167 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT,Resolution to DECLARE Montage Resort Apartments to be a Revitalization Area Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 1 A RESOLUTION DECLARING THE PROPOSED 2 LOCATION OF MONTAGE RESORT 3 APARTMENTS TO BE A REVITALIZATION AREA 4 IN ORDER TO QUALIFY FOR VIRGINIA 5 HOUSING DEVELOPMENT AUTHORITY 6 FINANCING 7 8 WHEREAS, pursuant to Section 36-55.30:2(A) of the Code of Virginia, the City 9 Council of the City of Virginia Beach, Virginia, desires to designate the area (the "Area") 10 described on Exhibit A attached hereto as a revitalization area; 1.1 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA, THAT: 14 15 1. The Council makes the following determinations: 16 a. The industrial, commercial or other economic development of the Area will 17 benefit the City but the Area lacks the housing needed to induce 18 manufacturing, industrial, commercial, governmental, educational, 19 entertainment, community development, healthcare or nonprofit 20 enterprises or undertakings to locate or remain in the Area; and 21 b. Private enterprises and investment are not reasonable expected, without 22 assistance, to produce the construction or rehabilitation of decent, safe 23 and sanitary housing and supporting facilities that will meet the needs to 24 low and moderate income persons and families in the Area and will induce 25 other persons and families to live within the Area and thereby create a 26 desirable economic mix of residents in the Area. 27 28 2. Pursuant to § 36-55.30:2(A) of the Code of Virginia, the Area is hereby 29 designated as a revitalization area. 30 31 3. The Council determines that the undesignated space for office or retail use in the 32 non-housing portion of the building located or to be located in the Area is 33 necessary or appropriate for the industrial, commercial or other economic 34 development of the Area. 12th Adopted by the Council of the City of Virginia Beach, Virginia on the day of July 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / t"11\4 :(rit C H using and Neighborhood City At orney's Office Preservation CA13774/R-1/June 29, 2016 EXHIBIT A: MAP Attachment to Agenda Request re: Resolution Declaring Montage Resort Apartments a Revitalization Area—City Council July 12, 2016 Montage Resort Apartments _iia;. _4 Virginia Beach BouI. g ' and aid Parks Avenue OR OR OR An Ata A38AU r f Al AU 4is _ e AU n R,RSS Al2 A3Es EXHIBIT A—GPIN LISTING Attachment A to Resolution Declaring Montage Resort Apartments to be a Revitalization Zone City Council Agenda—July 12, 2016 MONTAGE RES ORT APARTMENTS PA GP ti ADDRESS LOT ZONING SIZE 241:.5672050000 N/A 1 OR 7.000 24178672760000 N!A 2 OR 7.000 24178672630000 14/A 3 OR 3.500 24178693810000 1701 Parks Ave 1A OR 17.500 24179602390000 729 VA Beach Blvd 2A OR 3.500 24179613040000 725 VA Beach Blvd 3A OR 7.000 24179603540000 722 VA Beach Blvd 4A OR 7,000 24179613550000 N/A 5A OR 7.000 24179623270000 N r°A 6A OR 14.000 TOTAL 73,5110 64 Item-VI-I.5 ORDINANCES/RESOLUTIONS ITEM#66168 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into City-owned property, known as Treasure Canal, at 2009 Compass Circle, re vinyl bulkhead and other improvements DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into City-owned property, known as Treasure Canal, at 2009 Compass Circle, re vinyl bulkhead and other improvements (GPIN 2409093374) DISTRICT 5 — LYNNHAVEN The following Conditions shall be required. 1. Nothing within the Agreement shall prohibit the City from immediately removing or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2. It is further expressly understood and agreed the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee. The Grantee will bear all costs and expenses of such removal. 3. It is further expressly understood and agreed the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 4. It is further expressly understood and agreed nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 5. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 6. It is further expressly understood and agreed that in lieu of the establishment and maintenance of a full Riparian Buffer which would be a minimum offfteen (15) feet in width landward from the shoreline, would run the entire length of the shoreline and would consist of a mulched planting bed and contain a mixture of understory trees, shrubs and perennial plants, the Grantee shall make a contribution in the amount of$423.60 to the City's Living Shorelines Restoration Program Fund as compensation for that portion of the full Riparian Buffer which cannot be established on the shoreline of the Grantee. Said Fund is administered by the Environment and Sustainability Office of the Department of Planning and Community Development. Said funds shall be utilized solely for activities on public properties which support the restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City adjoining its inland waterways, including tree planting, tree transplanting, tree protection or similar related activities which are directly related to restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City. July 12, 2016 65 Item-VI-L5 ORDINANCES/RESOLUTIONS ITEM#66168 (Continued) 7. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 8. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 9. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of July, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None July 12, 2016 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF AN EXISTING CITY CANAL 6 KNOWN AS TREASURE CANAL LOCATED 7 AT THE REAR OF 2009 COMPASS CIRCLE 8 9 WHEREAS, Brian J. LaRoche and Heidi B. Hampson have requested 10 permission to maintain an existing vinyl bulkhead, timber caps (over vinyl bulkhead), a 11 12'x12' vertical boat lift, and a 32' dock and to construct and maintain proposed 90' of 12 riprap revetment with vinyl return wall at each end within a portion of a City canal known as 13 Treasure Canal located at the rear of their property at 2009 Compass Circle. 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's right-of-way subject to such terms and conditions as Council may prescribe. 18 1.9 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in§§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Brian J. LaRoche and Heidi B. 24 Hampson, their heirs, assigns and successors in title are authorized to maintain a 25 temporary encroachment for an existing vinyl bulkhead,timber caps(over vinyl bulkhead), 26 a 12'x12' vertical boat lift, and a 32' dock and to construct and maintain proposed 90' of 27 riprap revetment with vinyl return wall at each end into a portion of a City canal known as 28 Treasure Canal as shown on the map entitled: "EXHIBIT 'A' — ENCROACHMENT 29 REQUEST FOR BRIAN J. LaROCHE and HEIDI B. HAMPSON LOT 51, SECTION ONE 30 BAY ISLAND(M.B. 45, PG. 37)LYNNHAVEN DISTRICT DATE: NOVEMBER 12,2015," 31 prepared by Waterfront Consulting, Inc. a copy of which is attached hereto as Exhibit"A", 32 and on file in the Department of Public Works and to which reference is made for a more 33 particular description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and Brian J. LaRoche and Heidi B. Hampson (the 38u Agreementn), an unexecuted copy of which has been presented to the Council in its 39 agenda,and will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED that the Agreement is limited to the authority 43 provided by §§ 15.2-2009 and 15.2-2107, and it does not provide a permit, variance, or 44 other approval of any feature displayed on the Agreement's Exhibit; and 1 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as Brian J. LaRoche and Heidi B. Hampson and the City Manager or his 50 authorized designee execute the Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th 53 day of July , 2016. CA13602 R-1 PREPARED: 6/29/2016 \\vbgov.com\dfs1lappllcationskatylawprod\cyc om32\wpdocs\d0151p020\00235680.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SttFFICIENCY A, D FORM: PUBLIC WORKS, REAL ESTAT a, CI ` . ORNEY -cl q lct 2 44 243 242 EXISTING TIMBER BULKHEAD TREASURE_ _ CANAL PROPOSED -o-FLOOD, -g- 90' 90'OF RIPRAP REVETMENT EBB EXIST. WITH VINYL RETURNWALL t< 6 VINYL EACH END `D EX. TIMBER CAP OVER VINYL BULKHEAD 15. ' BKHD. 123' �LA. g� �0f S 88.2038" E 100.25' "�- EXIST. ...�4:t4.Irp*:,.,05 92 I BOAT � �`K-Ar E 1 i r LIFT '. ,76'05 3 O —I 1,2, :(At 19.51 T 1 nEXIST. U' p DOCK W mo. t�LOT 51 O N INST: 20061114001714160 1 rn 4' h iA ' z EX. TIMBER CAP GPIN: 2409-093371 \... ON VINYL BKHD. -15:a i: I I cri y :'�' I G.;t � ) 4 xi -0 P.: EXISTING Z ��s RIPRAPle I N 1 A IF11...->"S8\ Ssb \••• I N I O LOT 50 INST:20070301000281050 4.�� I I GPIN 2409-09-3108 \ IP ' 1° �A1,TH OF LIt� oo f�So 7. 1P GREGORY O.MILSTEAD vw COMPASS Lic.No.047323 0 40' BO, '15 L L ,v�,�' ,�� CIRCLE _—��I QMIIIIIIIIIIMINIII. ,i, W (MB 45,P.37) 1'=40' �SSIONAL E�G� ©2015 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. ' WATERFRONT EXHIBIT A �i CONSULTING,INC. ENCROACHMENT REQUEST FOR QUALITY sAIABRIAN J. LaROCHE and HEIDI B. HAMPSON wi/FNL(757)425 8244,CELL:(757)@18.7302 LOT 51, SECTION ONE ENGINEMBIG SERVICES PROVKIED BY; CHESAPEAKE BAY SITE SOWTIONS,INC. BAY ISLAND (M.B.45,PG.37) 391 V AV LYNNHAVEN DISTRICT DATE: NOVEMBER 12,2015 I i PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 2;14'day of , 201 g, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BRIAN J. LAROcHE and HEIDI B. HAMPSON, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 51"; as shown on that certain plat entitled: "PLAT OF BAY ISLAND, SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT", Scale: 1" = 100', dated February 1958, prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at Pages 37 and 37A, and being further designated, known, and described as 2009 Compass Circle, Virginia Beach, Virginia 23451-1713;and WHEREAS, it is proposed by the Grantee to maintain existing vinyl bulkhead, timber caps (over vinyl bulkhead), a 12' x 12'vertical boat lift, and a 32'dock, and to construct and maintain proposed 90'of riprap revetment with vinyl return wall at each end, collectively, the 'Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2409-09-3371; (2009 Compass Circle) (CITY CANAL KNOWN AS TREASURE CANAL—NO GPiN REQUIRED OR ASSIGNED) I I WHEREAS, In constructing and maintaining the Temporary Encroachment, It is necessary that the Grantee encroach into a portion of an existing City canal known as Treasure Canal the"Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows,to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A — ENCROACHMENT REQUEST FOR BRIAN J. LaROCHE and HEIDI B. HAMPSON LOT 51, SECTION ONE BAY ISLAND (M.B. 45, PG. 37) LYNNHAVEN DISTRICT DATE: NOVEMBER 12, 2015," prepared by Waterfront Consulting Inc. a copy of which is attached hereto as Exhibit"A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear ail costs and expenses of such removal. 2 I I It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear ail costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that in lieu of the establishment and maintenance of a full riparian buffer, which would be a minimum of 15 feet in width landward from the shoreline, would run the entire length of the shoreline, and would consist of a mulched planting bed and contain a mixture of understory trees, shrubs and perennial plants, the Grantee shall make a contribution in the amount of $423.60 to the City's Living Shorelines Restoration Program Fund as compensation for that portion of the full riparian buffer which cannot be established on 3 the shoreline of the Grantee. Said fund is administered by the Environment and Sustainability Office of the Department of Planning and Community Development. Said funds shall be utilized solely for activities on public properties which support the restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City adjoining Its Inland waterways, Including tree planting, tree transplanting, tree protection, or similar related activities which are directly related to restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the 4 Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, BRIAN J. LaROCHE and HEIDI B. HAMPSON, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of ,2016, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By `, �---- BR JA N J. LaROCHE, Owner By -1411ills HEIDI B. HAMPSON, ner STATE OF VIYoj114i0k CITY/COUNTY OF VYQ VG 1 -to-wit: 1 The foregoing instrument was acknowledged before me this 2 7'� day of , 2016, by BRIAN J. LaROCHE. (SEAL) Notary Pu lic APRIL LYNN ROMERO sift NOTARY PUBLIC REGISTRATION II 7386881 1 Z,Q i I�q COMMONWEALTH OF VIRGINIA Notary Registration Number. JOD l.Y I MY COMMISSION EXPIRES JULY31,2019 My Commission Expires: STATE OF V IV OI t11 al CITY/COUNTY OF V 1\a I'( &3e4-wit: The foregoing instrument was acknowledged before me this Z 744'day of JIM/LC— , 2016, by HEJDI B. HAMPSON. (SEAL) Notary Publ Notary Registration Number: iN i5ti) APRIL LYNN ROMERO NOTARY PUBLIC REGISTRATION II 7386891 +� COMMONWEALTH OF VIRGINIA My Commission Expires: 'l� j W MY COMMISSION EXPIRES JULY 31,2019 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM aa, r ii4 • �,� ,. SIGNATURE SENIOR ITY ATTORNEY 1- 1- 162 DATE PUBLIC WORKS I REAL ESTATE DEPARTMENT I DIVISION 8 I 1 a] i 1 r' '—•••— l 1111111 Z r M Z —� r1 01- 0 cn i 1`f LL G w Co C4, 9 L� two. a) I j j J Q a) 3 ,j 1-__F-- WORM ° jH Z d Q 10 �� J 5 fl n ° YO � Uuni o < J = co W ,- 7 .- 1 a •J .- - Z Tr v 1 1 �� 1, {'� �� Q 0 ,,„, w a a \,.-i , `v \ v 2 �, Zaoczo _.. Q �' � �V \ \ \J Z � jQap o \ O W V W Z w w 4 l i �`� z0LLQo N s pi , ..._ , \' "` �`---r Q N Q O TW oC LL \� OXCa = HLIJ VV o 0 \ ' J X _ WO � o g ri d a r--i LI � /� i i �'� FE �!LI ) ----_, // /- , \ � Z- 0 — W -30 V Q J �L cp o 2 Z V 0 O —3 O t j ,, \ N m Z X tri � '/ ii ,--r 1 -1 t i[ xN2_ .-1 < a)7 1 L..// C-I 1 CCI N SS.CIR\ W M ' 1 ---L >. 1---- - i, COMPA r- --11 Qco cc O r o L Iir t Q o G �— � _ _ in- I r \\` D �� \ \ r -H A .o c-_____, , .„ ` ; _Jc.' _, 1 � l H \ c < c_.,3 _____ ,i \ \ p ,..„.., „ ,c, ..\,,,\ c , . . , , , ,, _..\ c L______2 \ .,. '-,_] \„_„ , --) , c , c_ \ \ y- , „.. \ , ci 0 \ , \ \' Ailk EL Z \--- -1 \ w ri t G s . z _ (0:` t 4\ , 1 + I p I J 0114°Cr a Q Wa # ii , QC':I1 1 m a Gtr1IA BEFAc I �L City of Vir�in.ia Beach s S Op OUR 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.com In Reply Refer to 0058339 July 12, 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 an ordinance to authorize temporary encroachments into a portion of an existing City canal known as Treasure Canal located at the rear of 2009 Compass Circle. The encroachment was requested by Brian L. LaRoche and Heidi B. Hampson, who own the property. 2. The property owners have disclosed that Monarch Bank provided financing with respect to their property. Last month, Monarch Bank merged with TowneBank, and its deeds and loans are now owned by TowneBank. 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. 11 I Mrs. Ruth Hodges Fraser -2- July 12, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, I/eV/ A4.-----A illiam D. Sessoms Mayor WDS/RRI 66 Item-VI-I.6 ORDINANCES/RESOLUTIONS ITEM#66169 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND FY2016-17 Operating Budget of the Department of Housing and Neighborhood Preservation re HUD,Home Programs and Virginia Rental Assistance Voting: 11-0 Council Members Voting Aye. M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 I I 1 AN ORDINANCE TO AMEND THE FY 2016-17 2 OPERATING BUDGET OF THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 The FY2016-17 Operating Budget of the Department of Housing and Neighborhood 9 Preservation is hereby modified in the amounts and for the purposes set forth below: 10 11 1. Reduce the appropriations for the Housing Choice Voucher Program for rental 12 assistance by $65,124, with federal revenue decreased accordingly. 13 14 2. Appropriate an additional $98,250 for the Housing Choice Voucher Program for 15 administrative fees, with federal revenue increased accordingly. 16 17 3. Appropriate $128,700 for the HUD Veterans Administration Supportive Housing 18 Program, with federal revenue increased accordingly. 19 20 4. Appropriate an additional $4,304 for the federal HOME Program, with federal 21 revenue increased accordingly. 22 23 5. Appropriate $503,237 for the Virginia State Rental Assistance Program, with 24 state revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of July , 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: 30„,„) c;—,49--) ) Budget and Management ServicesCity. rney's Office CA13776 R-1 June 29, 2016 67 Item-VI-L 7a ORDINANCES/RESOLUTIONS ITEM#66170 Karen Forget, 3663 Marlin Bay Drive, Phone: 472-0406, Director of Lynnhaven River NOW, spoke in SUPPORT. This project has been misrepresented and wanted to clarify a few points. There is 1-%2 acres of Oyster Reef well into the planning stages for the Eastern Branch of the Lynnhaven River to be constructed next Spring. The funds for this project are being provided by the National Fish and Wildlife Foundation with a Grant obtained by Lynnhaven River NOW and built with repurposed crushed concrete layered with oyster shell, maximizing the value of the shell. In 2007, Lynnahven River NOW entered into a verbal Agreement with the City to develop, manage and execute an Oyster and Clam Shell Collection Program throughout the City. Since 2007, the program has increased to include five (5)public drop-off locations, 26 restaurants and over 20 special events throughout the year. Until the end of 2014 the reimbursements were timely in nature and the current invoices are for January 1, 2015 thru June 30, 2016. The services have continued in good faith. She requested the City follow through with the Agreement that was reached in 2007. Donald Edwards, 3464 Marabon Lane, Phone: 389-0199, spoke in OPPOSITION. Mr. Edwards advised there are three (3) Plans and he is not sure which one is going to be considered tonight. There is a June 9`h Plan that is inconsistent with the Code of Virginia, the June 21'Amendment to the June 9th Plan and now the June 24th Draft Plan. Each of the three plans is full of false information and whoever wrote them is giving wrong information to the Public. Mr. Edwards asked this matter be Deferred until this Plan is clear and accurate. Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, Oyster Heritage Plan: a. Resolution to AUTHORIZE Oyster Heritage Plan Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Vice Mayor Louis R. Jones Council Members Absent: None July 12, 2016 1 A RESOLUTION TO ADOPT AN OYSTER 2 HERITAGE PLAN 3 4 WHEREAS, an Oyster Heritage Plan is a tool to guide efforts by the City in 5 furtherance of water quality and oyster habitat restoration with a focus on the watershed 6 of the Lynnhaven River; and 7 8 WHEREAS, the City Council has previously supported efforts of state, federal, 9 and nonprofit organizations to improve oyster habitat in the Lynnhaven River, including 10 construction of sanctuary reefs, shell recycling, education, and surveying; and 11 12 WHEREAS, the City Council was briefed on a draft Oyster Heritage Plan at its 13 workshop session on June 14, 2016; and 14 15 WHEREAS, the previous efforts by the City toward oyster habitat restoration 16 were undertaken in the absence of a written Oyster Heritage Plan, and the City Council 17 desires to remedy such absence by the adoption of a written plan. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1. The Oyster Heritage Plan, attached hereto as Exhibit A, is hereby adopted. 23 24 2. The City staff is directed to utilize the Oyster Heritage Plan to direct its efforts 25 in furtherance of oyster restoration activities. 26 Adopted by the City Council of the City of Virginia Beach, Virginia, this 12th day of July , 2016. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: De tmfianninrte -nd DeofPuc rk9 Communivelopmen APPROVED AS TO LEGAL SUFFICIENCY: Officettorney CA13775 R-1 June 28, 2016 11 EXHIBIT A Virginia Beach Oyster Heritage Plan , Ilsom ° en ti" ' , �1 E P11i s:. a,xr 3*::4k;'14'''''''''''''....:2'.:::*4.: ..7:4;*.l'.''''''f.':. � of ,x-" ��.. ;, ,"..m.`#`�}` 2 r�s.aF''�" .�' �"vT is'`` 'it �`� mn. 4��4r sa ae�� w�$ tx : ,wv:',.16147 ,-,,,,,,:::'' ;.!:' '‘- ":".',PW;,-ilie".;'•7''''' ".' li*. ,,,41)4,.7.'''''''''''' '' '1/4 '✓X � !- rY2 w, ,✓" r='''1,4410 r' asp # K + e.-- eek:.-`_'.:."-..,-.*f;:..,:„..., '' �„a�+w� , g:.,�' &`�. g. ..-k41',4*....V: •%'rig,',,,,,,'4':'. ,,','.',:.'•''';:,::!...7,7.: '', -.,. :,:,,,,,:f4;.'!';'::.1:::.7*.kjk: ...*::.'_ ,:::4,4%. ''''''V-4314404:7': j.''',7-.L\I 0":?' ''', 1%-:",- .,:-..',..41r.' , , ...-'' -1,14' ."'cjiALL. fr .-- :41,-,10<•,•::- 47.,e477.-...;.,,,,: i. • f«>- 1.,-}m t i =. 'Via .. z ,.�.✓k -^..,k. ,„.... .;.*::40. 74,,:;.! -- Prepared by the City of Virginia Beach Department of Planning and Community Development Revised June 29 2016 Oyster Heritage Plan Acknowledgements Assistance was provided in the preparation of this document by the City's nonprofit, State and Federal partners. These include: College of William and Mary, School of Marine Science, Virginia Institute of Marine Science Lynnhaven River NOW U.S. Army Corps of Engineers, Norfolk District Virginia Marine Resources Commission Cover: Construction of the Athey Sanctuary Oyster Reef Habitat, 2009, Courtesy of Lynnhaven River NOW 2 Oyster Heritage Plan Contents Tonic EXECUTIVE SUMMARY THE PLAN History of Virginia Beach Oyster Heritage Plan Plan Mission Oyster Heritage Plan Actions ATTACHMENTS 1- Alignment with City Vision and Plans 2- Oyster Heritage Restoration in Virginia Beach- Background, Justification and Oyster Reef Ecological Services and Benefits 3- Virginia Beach's Oyster Heritage Watersheds- A Brief Synopsis of Activities to Date by Watershed 4- Oyster Shell Recycling 5- Oyster Heritage Restoration Program- Research, Planning and Partnership Activities 6- Oyster Heritage Restoration Program Formula and Fee Structure 7- City Council Actions to Date (May 17, 2016) re: Oyster Heritage Program 8- References 3 Oyster Heritage Plan EXECUTIVE SUMMARY The Virginia Beach Oyster Heritage Plan formalizes what has been an ongoing City effort since March, 2001, when the City Council first authorized funding to support the Virginia Oyster Heritage Program (VOHP). The City Council adopted ordinances from 2002 through 2015 describing activities directed at increasing oyster habitat in the City's Chesapeake Bay watersheds and primarily the Lynnhaven River watershed. These efforts were initially funded through the use of funds derived from City Council and violations of the City's Chesapeake Bay Preservation Act and earmarked for use in the City's tidal waters. The success of the City's efforts within the Lynnhaven River was recognized when the City and its partners were selected to receive a 2009 Coastal America Partnership Award for outstanding efforts to restore and protect the coastal environment by President Obama. The success of the sanctuary reef initiative was partly responsible and clearly demonstrated in the Lynnhaven Watershed by the lifting of harvesting restrictions of over 2,244 acres versus 50 acres in 2002. This Virginia Beach Oyster Heritage Plan is intended to help guide City decisions to achieve the highest possible quality and quantity of sustainable oyster habitat and populations within the City of Virginia Beach tidal waterways and to help accomplish multiple outcomes, including establishing sanctuary oyster reef habitat as recommended in various nonprofit, state and federal reports and plans; working to utilize oyster habitat and populations to help achieve local, state and federal water quality goals and objectives; and helping promote and support an economically viable oyster shellfish industry undertaken by commercial watermen in the City. The Plan includes a range of actions to support the City's oyster heritage strategy, including: oyster shell recycling, sanctuary oyster reefs, annual surveys, reporting and communication, education and awareness, update/reevaluate Oyster Heritage Fund formula, ongoing research and analysis, plan alignment, continuing a partnership with a nonprofit to allow fundraising and keeping the Plan current through amendments and revisions as deemed appropriate. The Plan also includes a number of attachments that provide specific details about various aspects of the Plan. 4 Oyster Heritage Plan HISTORY OF VIRGINIA BEACH OYSTER HERITAGE PROGRAM AND PLAN The Virginia Beach Oyster Heritage Plan formalizes what has been an ongoing City effort since March, 2001, when the City Council first authorized funding to support the Virginia Oyster Heritage Program (VOHP). The VOHP had three elements: construction of oyster sanctuary reefs; monitoring reefs and local oyster populations; and providing education to the public about the benefits of oyster restoration. To accomplish its ends, the VOHP partnered with a non-profit, the Virginia Oyster Reef Heritage Foundation, to conduct private fundraising because private donations are necessary to meet the funding goals and private cash match opportunities. The work plan for the VOHP was not focused upon the Lynnhaven River, so the City staff sought opportunities to undertake a similar partnership structure that included state agencies, the Army Corps, and one or more nonprofit partners to commit to oyster restoration in the Lynnhaven River. After the March 2001 ordinance, the City Council provided funding from the Oyster Heritage Fund for various activities focused in the Lynnhaven River. The City has worked with the Virginia Marine Resources Commission throughout. Initially, the City's nonprofit partner was the Chesapeake Bay Foundation. A citizen group called the Lynnhaven River 2007 citizens watershed organization emerged in 2002 and 2003 as having a desire to focus specifically upon the restoration needs of the Lynnhaven River, and this group organized a nonprofit, Lynnhaven River 2007 ("LR2007"). In September 2, 2003, the City Council adopted a Memorandum of Understanding between the City and LR2007 that described the coordination of effort in furtherance of improving water quality and restoring estuary habitats in the Lynnhaven River. In December 2006, LR2007 changed its name to Lynnhaven River Now (LRN). Between 2005 and 2010, the City of Virginia Beach and Lynnhaven River NOW worked in partnership with the U.S. Army Corps of Engineers to build 58 acres of sanctuary oyster reef habitat, primarily in the Linkhorn Bay and Broad Bay areas of the Lynnhaven River watershed. In 2008, Lynnhaven River NOW and the City of Virginia Beach constructed the approximately 1/3 acre Athey Sanctuary Oyster Reef at the confluence of Long Creek and the Lynnhaven Inlet in part with approximately 5,000 bushels of shells from the City's stockpile at the Landfill and Resource Recovery Center, collected through Lynnhaven River NOW's Save Oyster Shell project and funding obtained by Lynnhaven River NOW from the Fish America Foundation. In addition to the construction of sanctuary reefs, the City has provided funding for LRN to undertake shell recycling activities as restaurants and drop-off locations and an educational campaign called, "Save our Shells." Throughout, LRN has undertaken fundraising efforts to allow interested residents to make donations in furtherance of restoration efforts. 5 Oyster Heritage Plan PLAN MISSION The Virginia Beach Oyster Heritage Plan is intended to help guide City decisions to achieve the highest possible quality and quantity of sustainable oyster habitat and populations within the City of Virginia Beach tidal waterways and to help accomplish multiple outcomes, including: • Establish sanctuary oyster reef habitat and other oyster habitat restoration methods such as intertidal reefs and oyster castles as recommended in various nonprofit, state and federal reports and plans. • Work to utilize oyster habitat and populations to help achieve local, state and federal water quality goals and objectives. • Help promote and support an economically viable oyster shellfish industry undertaken by commercial watermen in the City. OYSTER HERITAGE PLAN ACTIONS I. Department of Public Works A. Oyster Shell Recycling, Education and Fund-Raising If the City Council provides funding, the City, through its Department of Public Works will contract to have oyster shells picked up from area restaurants, public drop off locations and special events groups. This contract will be awarded based on the City and State Procurement Requirements. The intent of such contract is to continue the three- pronged approach described above as being first undertaken by the VOHP and later in the City's efforts: 1. Shell Collection: The Department of Public Works will direct the gathering, transport and drop-off of oyster shells from restaurants and drop-off locations. The Contractor will be required to contact restaurants to enroll the restaurants and drop-off locations in furtherance of oyster recycling. In the recruitment of restaurants, the Contractor shall be able to describe the benefits of an oyster recycling program and the proper handling of shells. Subject to additional direction by the City, the City anticipates the collection of shells four days per week from restaurants. The drop-off requirements shall be subject to the City's Public Works Waste Management Division's oversight of the City Resource Recovery Center on Jake Sears Road. The Waste Management Division will issue a receipt at drop-off, and the Contractor shall retain such receipts for the life of the contract. 6 Oyster Heritage Plan 2. Education: The Department of Public Works will direct the Contractor to provide educational information at farmer's markets, trade shows, or similar events. 3. Fundraising: The Contractor shall have the ability to receive tax deductible donations from residents or businesses. Upon receipt of such donation, the Contractor shall provide a written acknowledgement. Nothing herein shall mandate the use of such donations for a purpose other than that for which the donation was provided. B. Shell Storage, Curing The Waste Management Division of Public Works will collect shells at the City's Resource Recovery Center on Jake Sears Road. The shells will be stored and sequestered for 3 phases of curing cycles (0-6 months, 6-12 months and 12-18 months) as a City-owned resource at the Virginia Beach Landfill & Recovery Center to accomplish necessary curing for disease prevention for a total of 12-18 months and to accumulate sufficient shell to undertake sanctuary oyster reef habitat projects and shoreline oyster reef restoration projects. The Department of Public Works will designate the use and ultimate disposition of shells with the concurrence of the City Manager. Accounting of all shells received and disbursed will be kept and provided as part of an Annual Report. C. Neighborhood Dredging Special Service District: The Department of Public Works has completed a study on the benefits of oysters for nutrient reduction and a study on oyster reefs as mitigation option for mud flat impacts. The latter study was commissioned in coordination with Lynnhaven River NOW (LRN) to determine the feasibility of creating oyster reefs to mitigate for impacts to tidal wetlands. The study explored the establishment of either an oyster reef mitigation bank or an in-lieu fee fund for this purpose. An inter-agency meeting was held and the permitting agencies agreed in concept that oyster reef mitigation banking could be a viable form of out-of-kind compensation for impacts to tidal, non-vegetated (TNV). Mitigation banks are preferred over in-lieu fee funds for situations where the demand for credits will be somewhat unpredictable over time, as is the case with the Neighborhood Dredging SSD Program. The next step in the feasibility study is to gain agency approval on a method for calculating mitigation ratios between oyster reefs and TNV wetlands. The ultimate goal is to establish a multi-site oyster reef mitigation bank in conjunction with LRN where reefs would be constructed in various locations, and credits sold to mitigate for impacts to TNV wetlands in the Lynnhaven River watershed, and possibly expanding to serve all tidal watersheds in the City. Oyster Heritage Plan II. Department of Planning and Community Development A. Reef Restoration Project Planning Shell stockpiles must be held until such time that enough shell has been accumulated to undertake a sanctuary reef construction project. The amount of shell for a project is determined by reef location, reef size and other parameters, such as the internal composition of the reef, as some reef structures can be constructed with core material that is not shell (such as broken concrete). As shell resources are limited and extremely valuable commodities, oyster shell shall not be used by private businesses, or for purposes other than sanctuary oyster reef construction, sanctuary restoration and oyster research. Shells from the Oyster Shell Recycling Program shall only be used for the following purposes: 1. Sanctuary oyster reef habitat restoration projects constructed by the City; 2. Sanctuary oyster reef habitat restoration projects constructed by other agencies and nonprofits where the City is a partner or gives its approval; and/or 3. Match for state, federal and private funding or grants for sanctuary oyster reef habitat restoration projects in any of the City's waterways as noted above. The goal is to construct 100 acres of oyster sanctuary reef in the Lynnhaven River. City staff will evaluate the potential for establishment of sanctuary oyster reef habitat in the Eastern and Western Branches of the Lynnhaven River. Staff will also evaluate potential for establishment of additional sanctuary oyster reef habitat in the Rudee Inlet / Owl Creek watershed. Any construction efforts may require the coordination of the Department of Planning and the Department of Public Works. In the event that there is a cost share agreement between the City and a state, federal or non-profit partner that includes construction, the City Council will be briefed upon such project. If the construction requires City funding, a City Council vote to approve the construction project. Annual surveys of oyster populations may be undertaken by City partners as needed to support the analysis of future sanctuary development. There is no expectation or intention that Oyster Heritage funds will be used for this purpose. 8 Oyster Heritage Plan B. Reporting; Awareness Maintain and update information related to the City's Oyster Heritage Program on the existing City website to communicate City plans, activities, projects and accomplishments as well as benefits of sanctuary oyster reef habitat restoration to helping achieve water quality goals and sustainability of commercial shellfish operations. The Planning Department will submit an annual report on Oyster Heritage Fund activities and financial accounts, and such report may be a written letter to the City Council. Work with nonprofit, state and federal partners to implement an ongoing oyster heritage awareness program. Partners may include but not be limited to the Chesapeake Bay Foundation; the College of William and Mary, School of Marine Science, Virginia Institute of Marine Science; the Elizabeth River Project; Lynnhaven River NOW; the National Oceanic and Atmospheric Administration; the U.S. Army Corps of Engineers; the Virginia Department of Conservation and Recreation; the Virginia Department of Environmental Quality and the Virginia Marine Resources Commission. Determine the best potential locations for the construction of sanctuary oyster reef habitats, based on best available scientific research and other sources of information. This effort will be coordinated by appropriate staff. There is no intention or expectation the Oyster Heritage Fund will be used for this effort. Ensure continued City Plan alignment as appropriate with the federal Chesapeake Bay Oyster Recovery: Native Oyster Restoration Master Plan Maryland and Virginia prepared by the U.S. Army Corps of Engineers, Baltimore and Norfolk Districts in September, 2012. Work with City's Chesapeake Bay Preservation Area Board to reevaluate the current formula and fee structure used to determine donations to the Oyster Heritage Fund and evaluate relevancy of current formula to actual sanctuary oyster reef habitat construction costs. This plan may be amended and revised by action of the City Council. Non- substantive changes do not require action of the City Council. As advancements are made in oyster restoration science and new strategies are developed, the attachments of this plan may be supplemented without action by the City Council. 9 Oyster Heritage Plan Attachment 1: Alignment with City Vision and Plans (compiled by Department of Planning & Community Development) Envision Virginia Beach 2040 We value and enhance our greatest natural assets: a broad array of coastal resources that includes beaches, waterways, farmlands and wetlands. We are a model community for clean air and water, and our commitment to environmental sustainability. Local foods, open space and parks contribute to the overall quality of life and healthy living. Sustainability Plan Goal 15 We will achieve and maintain high water quality to ensure public health, protection and propagation of aquatic life, and recreation in and on the water. • Objective 15.2 - Increase bio filtration habitat (oysters, wetlands, submerged aquatic vegetation, living shorelines). Goal 16 We will promote the city's valuable ware resources for tourism, aquaculture, and as a center of excellence in marine and water quality research. • Objective 16.2 - Partner with local colleges and higher learning institutions to encourage marine research. • Objective 16.3 - Promote opportunities for aquaculture. • Objective 16.4 - Support our local fishing community and promote the sale and consumption of locally harvested sustainable seafood. Comprehensive Plan • Develop and implement policies and programs that protect, restore and enhance critical habitats along the City's waterways. • Restore and attain sustainable inventories of native edible oysters in the Lynnhaven River. • Restore oyster reefs in the Lynnhaven and Owl Creek estuaries by developing a hatchery plan and constructing sanctuary reefs. 10 Oyster Heritage Plan Attachment 2: Oyster Heritage Restoration in Virginia Beach— Background, Justification and Oyster Reef Ecological Services and Benefits (compiled by Department of Planning & Community Development) Unfortunately, in the last century, the once prominent oyster population in the City's waterways was decimated by overharvesting, loss of oyster habitat, oyster disease and decreased water quality. It has been estimated that the City's oyster population once fell as low as 1°A) of historic abundance, and this decline had drastically negative consequences for water quality and fish habitat in the City's waterways. The purpose of the City's Oyster Heritage Program is to help maintain the significant progress that has been made in the City's waterways over the past two decades, and to help sustain that improvement for the future. Oysters are a keystone species in the local estuarine ecosystem because they provide water filtration, shoreline protection, nutrient cycling, pH buffering, and food and habitat to myriad species of fish and other creatures that live in the City's tidal waterways. Thus, sanctuary oyster reef habitat restoration is widely recognized by scientists and resource managers as a premier strategy for revitalizing a tidal waterway's devastated oyster population and for restoring the critical ecosystem functions that oyster reefs naturally provide for water filtration and fish habitat in a waterway. Oysters are voracious filter feeders. A single adult eastern oyster (Crossostrea virginica), also referred to as the Atlantic oyster or Virginia oyster, filters 50 gallons of water a day and removes algae and sediment that cloud the water and hinder sea grass rebound. As an oyster filters, it assimilates nitrogen from the algae it consumes into its shell and body. It then produces bio deposits that serve as food for reef-dwelling organisms. There are naturally-occurring bacteria in an oyster reef that decompose the bio deposits and initiate a process called denitrification, which releases additional harmful nitrogen from the river in gaseous form. This reduces the negative consequences of estuarine eutrophication, and increases dissolved oxygen levels in our estuaries. Oysters form reef structures from their shells. Oyster reefs provide a community center in the estuarine system, like coral reefs provide in the marine system. In between the oysters' shells, there is interstitial space where small organisms can hide. These interstices provide habitat for myriad species of small fish, crustaceans, worms, bivalves and other invertebrates. Large predator fish then collect near the outskirts of oyster reefs because they can easily find food by foraging on the reef dwellers. In our Virginia Beach waters, we would expect to find the following sport fish using the oyster reef as habitat and as a food source: Black Drum, Black Sea Bass, Bluefish, Red Drum, Sheepshead, Speckled Trout, Striped Bass, Summer Flounder, Tautog and Weakfish. Oyster reefs are considered Essential Fish Habitat because they provide habitat and food for such a vast array of organisms. 11 II Oyster Heritage Plan The City is committed to meeting the nutrient and sediment reduction goals established by the Chesapeake Bay TMDL. To accomplish this, a variety of techniques and practices must be employed. In its Phase II Watershed Implementation Plan, the City identified sanctuary oyster reef construction as one of its methods for reducing nutrients and sediments. Sanctuary oyster reef construction is not only an essential part of restoring our critically important native oyster population, but may also become an important and cost effective tool for the City and other local communities to employ to meet their respective TMDL reduction goals. The City is likewise committed to restoring the native oyster population through the construction and ongoing maintenance of sanctuary oyster reef habitat in our tidal waterways as a proven strategy for improving water quality and providing critical estuarine habitat. The establishment and protection of sanctuary oyster reef habitat areas through designation by the Virginia Marine Resources Commission helps to ensure that native broodstock of oysters remain in perpetuity as a source of oyster spat to help populate and sustain both private oyster lease areas and non-leased areas in our waterways. Additionally, work by commercial watermen to improve the quality of the habitat and oyster stock on private oyster ground leases helps to sustain these valuable resources. These leased areas are secured from the Virginia Marine Resources Commission, which is charged with administering the Commonwealth's public trust waterways and wetlands areas in perpetuity for the public good. In combination, sanctuary oyster reef habitat and private leased oyster grounds can work in harmony to provide a sound and sustainable strategy for the City's oyster heritage. 12 Oyster Heritage Plan Attachment 3: Virginia Beach's Oyster Heritage Watersheds— A Brief Synopsis of Activities to Date by Watershed (compiled by Department of Planning & Community Development) Lvnnhaven River The Lynnhaven River is the southernmost river that feeds into the Chesapeake Bay. The river's inlet to the Bay is located approximately 5 nautical miles from the confluence of the Bay and the Atlantic Ocean. The Lynnhaven River is a highly developed watershed, covering approximately 41,300 acres (64.5 square miles) of the City. The Lynnhaven River watershed development pattern is largely residential and commercial in nature with a population of approximately 195,000, roughly 44.5% of the City's population, living in approximately 21% of the City's total land area. The Lynnhaven River's major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds have declined along with land development and associated water quality degradation. The watershed has exhibited decreased finfish populations, decreased waterfowl populations, and the majority of the river was closed by the Department of Health for shellfish consumption until recent years. As described in a September 2105 article written by Romuald N. Lipcius et al. in the journal Frontiers in Marine Science, the Lynnhaven is a unique area: "The narrow inlet limits water exchange with the (Chesapeake) Bay proper, resulting in the Lynnhaven River sub estuary being classified as a trap estuary (Sisson et al., 2010), which promotes (oyster) larval retention. The system is well-mixed due to its shallow nature, and hydrodynamics are driven by tidal exchange and wind patterns. Much of the system is comprised of fine sediments, except for the near shore areas, which are of firm sand and shell." The famed Lynnhaven oyster is both a symbol of the Lynnhaven River's history and was once a keystone species in the system, providing water filtration, as well as food and habitat to myriad species of fish and other creatures that live in the river. Salinity in the Lynnhaven is generally above 20 parts per thousand making it a suitable place for oyster restoration efforts to thrive. In 1997, sanctuary oyster reef restoration became a major initiative in the Lynnhaven River and there have been clear signs of success from the undertaking. Between 1997 and 2005, the Virginia Marine Resources Commission (VMRC) constructed approximately 5.5 acres of sanctuary oyster reef habitat in the Lynnhaven and the reefs have been designated as sanctuaries, so that a self-sustaining oyster population can develop and thrive over time without the damage associated with harvest. Non-profit organizations including Lynnhaven River NOW, Oyster Reef Keepers of Virginia and Chesapeake Bay Foundation, stocked those reefs with 7,400,000 reproductive oysters grown by students and citizens. These oysters were transplanted onto the sanctuary reefs, where they release their offspring into the Lynnhaven River. In 2005, the Virginia Institute of Marine Science (VIMS)discovered 13 Oyster Heritage Plan that oyster settlement of juvenile oysters was more than 30 times higher in the Lynnhaven River than it was in other rivers in the Chesapeake Bay region where oyster restoration had also been underway. This spat settlement data demonstrate that oyster restoration can work effectively in the Lynnhaven. Between 2005 and 2010, the City of Virginia Beach and Lynnhaven River NOW worked in partnership with the U.S. Army Corps of Engineers to build 58 acres of sanctuary oyster reef habitat, primarily in the Linkhorn Bay and Broad Bay areas of the Lynnhaven River watershed. In 2008, Lynnhaven River NOW and the City of Virginia Beach constructed the approximately 1/3 acre A.they Sanctuary Oyster Reef at the confluence of Long Creek and the Lynnhaven Inlet in part with approximately 5,000 bushels of shells from the City's stockpile at the Landfill and Resource Recovery Center, collected through Lynnhaven River NOW's Save Oyster Shell project and funding obtained by Lynnhaven River NOW from the Fish America Foundation. Figure 1 below shows the generalized locations of completed sanctuary reef projects in the Lynnhaven River watershed. Sanctuary Reefs in Lynnhaven r cs r � -+ , � ,iy' h ' 99 4�. • vAkr* bd $V�y: I * **1441ik am .u istowL 'w /tir *` ` Virginia Beach 111, 4 Reef Type * * Intertidal Shell Reef � Subtidal Shell Reef " , Oyster Castle FIGURE 1: Sanctuary Reef Locations in the Lynnhaven River Watershed. Source: Lynnhaven River NOW 14 Oyster Heritage Plan The Baylor Surveys undertaken in the early 1900s by the Commonwealth of Virginia indicate that historically there were at least 1,000 acres of oyster reef in the Lynnhaven. A suggested goal of 100 acres of sanctuary oyster reef habitat created by 2021 has been proposed for the Lynnhaven River system by a partnership of nonprofit, state and federal parties. This goal is also suggested in the U.S. Army Corps of Engineer's Chesapeake Bay Oyster Recovery Master Plan which recommends between 40 to 150 acres of sanctuary oyster reef habitat are desirable for the Lynnhaven ecosystem. The 10% figure was derived from a variety of surveys, studies and targeted contracted research undertaken in part through the cooperative project for Lynnhaven Watershed restoration undertaken by the City and the U.S. Army Corps of Engineers. Additional research linked to water circulation patterns and oyster spat settlement have helped identify general areas where sanctuary oyster reef habitat establishment has the highest potential for accomplishing sustainable oyster populations in the river. While potential sanctuary oyster reef habitat restoration sites can be best located utilizing historical information such as the Baylor Surveys, recommended spawning stock reefs have the greatest ability to help restore native oyster stocks throughout the Lynnhaven estuary. Figure 2 below shows these areas. Chesapeake Bay ,4►'� ' v Broad Bay Lynnhav n Bay ♦ , ' • • s. Western `40, 4Crystal Branch . i • " Lake • tI ...go' '+ .. • i + 1 Linkhorn Bay i VIII 0 Eastern4. I Branch w Ice. Lynnhaven River i Recommended subestuary Spawning Stock Reefs FIGURE 2: Location of the Lynnhaven River sub estuary, potential oyster reef restoration sites (diamonds) determined from historical information (Baylor, 1893, 1894, 1895; Chipman, 1948), and sites in the sub estuary for restoration of spawning stock (dashed polygons) recommended by Lipcius et al. (2008) as putative sources. Thick arrow indicated tidal exchange through Lynnhaven Inlet between Lynnhaven Bay and Chesapeake Bay. Coordinates of Lynnhaven Inlet: 36° 54' 27.02"N, 76° 05' 31.07"W. Source: http://iournal.frontiersin.org/article/10.3389/fmars.2015.00065/abstract 15 Oyster Heritage Plan The partnership expects this level of restoration to aid in the rebound of our native oyster population by establishing a healthy broodstock for the Lynnhaven River. Such an increase in the native oyster population and broodstock has sustainable benefits for significant water quality improvement and enhancement in the Lynnhaven as well as helping promote a revitalized commercial shell fishing industry. Eastern Branch of the Elizabeth River The Eastern Branch of the Elizabeth River feeds into the Chesapeake Bay by way of Hampton Roads harbor. The Eastern Brach is also a highly developed watershed, covering approximately 9,300 acres (14.5 square miles) of the City. The Eastern Branch watershed development pattern is largely residential and commercial in nature with a population of approximately 64,300, roughly 14.7% of Virginia Beach's population, living in 5% of the city's total land area. The Eastern Branch's major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds have declined along with land development and associated water quality degradation. The watershed has exhibited decreased finfish populations, decreased waterfowl populations, and the entirety of the river remains closed by the Department of Health for shellfish consumption. The City and other Eastern Branch communities — Chesapeake and Norfolk— recently completed an Action Plan with the nonprofit Elizabeth River Project to help restore environmental resources in the watershed. Included in the plan are recommendations to reestablish sanctuary oyster reef habitat at suitable locations. It is recommended that the City work with partners at the nonprofit, state and federal level to identify potential sites that may exist in the Eastern Branch for such work within the City. Rudee Inlet and Owl Creek The Rudee Inlet and Owl Creek area is the City's only direct ocean connected watershed. The watershed is the City's most man-altered watershed, due to past excavation of extensive wetlands areas associated with sand extraction for resort beach nourishment and constant efforts to maintain Rudee Inlet for navigation access to the Atlantic Ocean. Similar in many respects to the Lynnhaven and Eastern Branch of the Elizabeth River, Rudee Inlet and Owl Creek is also a highly developed watershed, covering approximately 3,000 acres (4.6 square miles) of the City. The Rudee Inlet and Owl Creek watershed development pattern is largely residential and institutional/government in nature with a population of approximately 14,000, roughly 3.1% of Virginia Beach's population, living in less than 1.5% percent of the city's total land area. The watershed's major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds have declined along with land development and associated water quality degradation. The watershed has exhibited decreased finfish populations, decreased 16 11 Oyster Heritage Plan waterfowl populations, and the entirety of the river remains closed by the Department of Health for shellfish consumption. The Virginia Aquarium in conjunction with Lynnhaven River NOW and the Rudee Inlet Foundation undertook the establishment of the first sanctuary oyster reef habitat project beginning in June, 2015. This project includes a section of shoreline reef located on the City's Aquarium property and constitutes approximately 200 square feet of intertidal reef. This reef was constructed using approximately 60 bushels of oyster shell obtained from the City's shell stockpile located at the City Landfill and Resource Recovery Center. The reef also includes a section of oyster habitat structures called oyster castles as illustrated below. ,1 ''t• ry 'T 4'It„ ,r.,qirro. S -� 1 irtror s ._.ni� ��1 fi ?� � �� FIGURE 3: Before and After Oyster Castle Recruitment on the Laila Shoreline Reef on Long Creek (Lynnhaven River Watershed). Source: Lynnhaven River NOW A sub tidal sanctuary oyster reef was installed in July, 2015 to complete the overall project which encompasses a total area of approximately 250 square feet. Shell for this project was not obtained from the stockpile at the City Landfill and Resource Recovery Center. Little Creek The Little Creek watershed encompasses approximately 8,900 acres (13.9. square miles) of the City. The U.S. Navy has built several sanctuary oyster reefs in the Little Creek inlet area with federal funds. The Little Creek watershed development pattern is largely residential and institutional/government in nature with a population of approximately 48,800, roughly 11.1% of Virginia Beach's population, living in less than 4.5% percent of the city's total land area. The watershed's major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds were largely eliminated with the creation of the various public water supply reservoirs and with federal government alteration of the watershed for military activities. The entirety of the river remains closed by the Department of Health for shellfish consumption. 17 Oyster Heritage Plan In the future, it recommended that the City partner with the U.S. Navy and other nonprofit, state and federal partners as appropriate to pursue further oyster restoration in the Little Creek watershed. 18 Oyster Heritage Plan Attachment 4: Oyster Shell Recycling (compiled by Department of Planning & Community Development) Lynnhaven River NOW with state grant funding conducted a pilot shell collection program in Virginia Beach in summer 2006. Seven local restaurants participated in the pilot program and two public drop-off sites were established. During the three months of the pilot program, 1,000 bushels of oyster shells were collected. These shells were removed from the solid waste stream and made available for restoration efforts by private individuals. In addition, the restaurant patrons were educated on the value of oyster restoration and recycling our shells. The Save Our Shell program has collected approximately 18,440 bushels of oyster shell from restaurants and other parties, along with over 700 bushels of oyster shells from the Wanchese Packing Plant in Suffolk, and kept this valuable resource for sanctuary oyster reef habitat construction out of the City's landfill. The scope of work for the Public Works Managed solicitation for Oyster Shell Recycling in Fiscal Year 2017 includes the following: 1. Shell Collection: a. At the direction of the Department of Public Works, the Contractor shall undertake the gathering, transport and drop-off of oyster shells from restaurants. By way of example, the following restaurants have previously participated in oyster recycling programs in the City of Virginia Beach: 21st Street Seafood Company, Abbey Road, Blue Seafood and Spirits, Bubba's, Captain George's, Chick's Oyster Bar, Coastal Grill, C.P. Shuckers (Oceanfront and Bayside), Croaker's Neighborhood Grill, Croc's 19th Street Bistro, Dockside, Five 01 City Grill, Harpoon Larry's, Lucky Oyster, Metropolitan Oyster Exchange, McCormick & Schmick's, Rockafellers, Salt, Sheraton Oceanfront, Steinhilbers, Surfrider (Marina Shores and Cypress Point), Swan Terrace at Founder's Inn, Tautog's, Yukai Seafood Buffet. The Contractor will be required to contact restaurants to enroll the restaurants in furtherance of oyster recycling. In the recruitment of restaurants, the Contractor shall be able to describe the benefits of an oyster recycling program and the proper handling of shells. Subject to additional direction by the City, the City anticipates the collection of shells four days per week from restaurants. The drop-off requirements shall be subject to the City's Public Works Waste Management Division's oversight of the City Resource Recovery Center on Jake Sears Road. The Waste Management Division will issue a receipt at drop-off, and the Contractor shall retain such receipts for the life of the contract. b. At the direction of the Department of Public Works, undertake the gathering, transport and drop-off of oyster shells from public drop-off locations. By way of example, the following drop-off locations have previously participated in oyster recycling programs in the City of Virginia Beach: Virginia Aquarium, Whole Foods Market. The Contractor will be required to seek other public drop-off locations in furtherance of oyster 20 Oyster Heritage Plan recycling. Subject to additional direction by the City, the City anticipates the collection of shells four days per week from restaurants. The drop-off requirements shall be subject to the City's Public Works Waste Management Division's oversight of the City Resource Recovery Center on Jake Sears Road. The Waste Management Division will issue a receipt at drop-off, and the Contractor shall retain such receipts for the life of the contract. c. The Department of Public Works may direct complaints it receives to the Contractor, and the Contractor shall respond to such complaints within 3 business days. If the complaint is not addressed to the satisfaction of the City, the City may require the Contractor to undertake remedial actions in furtherance of the subject of such complaint. 2. Education: The Department of Public Works will direct the Contractor to provide educational information at farmer's markets, trade shows, or similar events. For purposes of estimating the level of effort, the amount quoted in response to this RFQ should anticipate 20 hours of educational work per quarter. If there is additional education required, the parties may agree to a change order provided such change order is in writing. 3. Fundraising:The Contractor shall have the ability to receive tax deductible donations from residents or businesses. Upon receipt of such donation, the Contractor shall provide a written acknowledgement. Nothing herein shall mandate the use of such donations for a purpose other than that for which the donation was provided. 20 Oyster Heritage Plan Attachment 5: Oyster Heritage Restoration Program- Research, Planning and Partnership Activities (compiled by Department of Planning & Community Development) Oyster restoration has been successful, in large part, because of the synergy of multiple partners who each provide a necessary component of the oyster restoration effort. City, state and federal funds have largely been used to construct sanctuary oyster reef habitat structures on the footprint of historic reefs. Nonprofit organizations like Lynnhaven River NOW, Oyster Reef Keepers of Virginia, the Elizabeth River Project and the Chesapeake Bay Foundation coordinate citizen oyster gardening efforts in order to stock reproductive oysters to sanctuary oyster reef habitat sites and to perpetuate public engagement in oyster restoration. The Virginia Marine Resources Commission is committed to the conservation and restoration of shellfish populations in Virginia waters. The Commission oversees and tracks the transplant of oysters onto sanctuary oyster reefs. Researchers at the Virginia Institute of Marine Science study all aspects of oyster reef restoration, from reef biodiversity to reef dynamics to reef nutrient cycling and oyster diseases. The U.S. Army Corps of Engineers ensures continued collaboration of all of these agencies, and others, as they host quarterly meetings of an Interagency Oyster Restoration team. This team includes representatives from the U.S. Army Corps of Engineers, the Virginia Institute of Marine Science, the Virginia Marine Resources Commission, the City, the Chesapeake Bay Foundation, Christopher Newport University, Lynnhaven River NOW, the Elizabeth River Project, the National Oceanic and Atmospheric Administration, and other agencies and organizations. This meeting provides an invaluable opportunity for all of the City's oyster restoration partners to collaborate on initiatives, including those proposed in this Plan. The City will continue to participate with the Interagency Oyster Restoration team and other efforts to utilize the best science and the resources available to further oyster restoration, improve water quality, and reach our oyster restoration goals. The City does not employ an oyster scientist. Nevertheless, that expertise is available to the City from its partnership with various organizations and agencies with expertise in oyster restoration. Those groups include but are not limited to: • Chesapeake Bay Foundation • College of William and Mary, School of Marine Science, Virginia Institute of Marine Science • Elizabeth River Project • Lynnhaven River NOW 21 Oyster Heritage Plan • National Oceanic and Atmospheric Administration • U.S. Army Corps of Engineers • Virginia Department of Conservation and Recreation • Virginia Department of Environmental Quality • Virginia Marine Resources Commission The City is committed to continuing its partnership with these organizations and agencies to further oyster restoration efforts in our tidal waterways. 22 Oyster Heritage Plan Attachment 6: Oyster Heritage Restoration Program Contribution Structure (compiled by Department of Planning & Community Development) The Oyster Heritage Program formula and contribution structure was developed by Staff at the request of the Chesapeake Bay Preservation Area Board. The Board believes that this approach has been a tried and proven approach at helping to improve water quality in the City's Chesapeake Bay watersheds. The formula utilized was refined over an initial period of approximately 6 months' duration when the Board's City Staff and the Board adjusted and finalized the formula and contribution structure. The contribution is voluntary. Since that time, the City's Oyster Heritage Program formula and contribution structure related to activities requiring variances before the City's Chesapeake Bay Preservation Area Board has been as follows: (X/4)127 x 15 x $1.65 = Oyster Heritage Fund Payment X represents new impervious cover in the Resource Protection Area (RPA) in square feet 4 represents 25% of the new impervious cover in the RPA and is intended to augment other water quality initiatives (200% buffer restoration, BMPs, E&S controls, etc.) for encroachment 27 represents square feet conversion to cubic yards 15 represents approximate quantity of bushels of oyster shell per cubic yard $1.65 represents the cost of oyster shell per bushel Example: 100 square foot impervious cover would equate to a fee of $22.92: (100 square feet /4)/27 x 15 x 1.65 = $22.92 The formula develops a contribution which is based upon the assumption of creating a sanctuary oyster reef habitat area approximately 12 inches deep for 25% of the total amount of impervious cover associated with a Board variance request. The Board's City Staff include this contribution recommendation for each variance request in the Board's agenda package each month with an amount calculated if the total amount of impervious cover is known; otherwise, City Staff include the formula and suggest in the Staff report that the contribution amount be calculated based on a final impervious cover amount once determined. Most applicants for variances have chosen to make the voluntary payment. In addition to the formula and contribution structure used by the Board, over the years a number of parties have made voluntary contributions to the fund that have been totally outside the purview of the Board. 23 Oyster Heritage Plan Attachment 7: City Council Actions to Date (June 1, 2016) re: Oyster Heritage Program (compiled by Department of Planning & Community Development) The following list summarizes all activities undertaken with City Council authorization for appropriation of funds from the Oyster Heritage Fund and other funding sources since its inception. August 13. 2002: Appropriation of $37,500.00 from the Oyster Heritage Fund to the Department of Agriculture and Transfer of$50,000.00 for the General Fund Reserve for Contingencies to the Department of Agriculture to help fund construction of approximately 8 acres of sanctuary oyster reef habitat. NOTE: Item 1 matched with $65,000 by special appropriation from the Commonwealth of Virginia secured through efforts of the City's legislative delegation. Total cost of approximately 8 acre project was $167,500.00 Project partnership with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers and the Chesapeake Bay Foundation. May 6. 2003: Appropriation of$8,000.00 from the Oyster Heritage Fund to the Department of Planning to establish education and informational materials partnership re: oyster restoration with Lynnhaven River 2007 (now Lynnhaven River NOW) and the Chesapeake Bay Foundation. September 9. 2003: Appropriate $52,339.00 from the Oyster Heritage Fund and $15,000.00 from the Civil Penalties Funds collected in enforcement of Wetlands, Coastal Primary Sand Dunes and Chesapeake Bay Preservation Area Ordinances to the Department of Planning to help fund construction of sanctuary oyster reef habitat with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers and the Chesapeake Bay Foundation. May 11. 2004: Appropriate $70,000.00 from the Oyster Heritage Fund to the Department of Planning to help with development of an Oyster Heritage Plan, in partnership with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers, Lynnhaven River 2007 (now Lynnhaven River NOW) and the Chesapeake Bay Foundation. Components of the Oyster Heritage Plan development and implementation strategy tasks were undertaken by grant funded temporary and existing Staff resources and associated expenses to perform the following tasks: • Long Creek Oyster Reef Project Design and Permitting Coordination with First Landing State Park Work (field work, permit applications, project design plans) • Oyster Shell Recycling Program with Area Restaurants Work (coordination, logistics for recycling, education, implementation and project kick-off) 24 Oyster Heritage Plan • Oyster Lease Map Coordination with VMRC and Mapping of New Priority Potential Reef Sites Work (GIS coordination) • Oyster Shell Recycling Program Publicity and Printing Costs Work (flier development and design, printing proofs, internal printing, distribution) • City Oyster Heritage Program Website Development Costs Work(website development and design, posting) • Reef Program Coordination Work with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers, Lynnhaven River 2007 and the Chesapeake Bay Foundation (partner labor and support with project planning and production , information development, internal printing and publicity) Contractual manpower $30,979 City salaries and fringe $39,021 Total $70,000.00 July 17. 2007: Appropriate $137,000.00 from the Oyster Heritage Fund to the Department of Planning to (1) Lynnhaven River NOW to help fund year 2 of Oyster shell education and recycling program (year 1 no City fund support, approximately $15,000); (2) Lynnhaven River NOW to help construct approximately 1/3 acre of sanctuary oyster reef habitat near Long Creek channel and marsh islands (approximately $15,000), and (3) funding assistance to the Virginia Marine Resources Commission to augment the Commonwealth's match of oyster shell to the U.S. Army Corps of Engineers to construct approximately 58 acres of sanctuary oyster reef habitat and seeding with wild stock Lynnhaven spat-on-shell oysters in Lynnhaven Bay, Broad Bay, Long Creek and Linkhorn Bay (approximately $107,000). January 13. 2009: Appropriate $126,539.00 from the Oyster Heritage Fund to the Department of Planning to (1) Lynnhaven River NOW to help fund year 3 of Oyster shell education and recycling program ($26,359); (2) funding assistance to the Virginia Marine Resources Commission to augment the Commonwealth's match of oyster shell to the U.S. Army Corps of Engineers to construct approximately 58 acres of sanctuary oyster reef habitat and seeding with wild stock Lynnhaven spat-on-shell oysters in Lynnhaven Bay, Broad Bay, Long Creek and Linkhorn Bay ($100,000- combined with the $107,000 appropriated on July 17, 2007). February 23. 2010: Appropriate $25,579.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 4 of oyster shell education and recycling program. 25 Oyster Heritage Plan November 23. 2010: Appropriate $45,000.00 from the Oyster Heritage Fund to the Department of Planning to (1) Lynnhaven River NOW to help fund year 5 of oyster shell education and recycling program ($29,000.00) and (2) the Environment and Sustainability Office to utilize temporary Staff to help with site evaluation, design and coordination to support future construction of spat-on- shell oyster restoration facility ($16,000.00). May 22. 2012: Appropriate $33,680.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 6 of oyster shell education and recycling program and to undertake the annual survey of oyster populations on sanctuary oyster reefs in the Lynnhaven watershed. January 22. 2013: Appropriate $33,769.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 7 of oyster shell education and recycling program. January 14. 2014: Appropriate $33,727.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 8 of oyster shell education and recycling program. October 7. 2014: Appropriate $20,376.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 9 of oyster shell education and recycling program. February 1 2015: Appropriate $20,780.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 10 of oyster shell education and recycling program. TOTAL AMOUNT APPROPRIATED TO DATE from Oyster Heritage Fund: $644,289 TOTAL AMOUNT APPROPRIATED TO DATE from General Fund Reserve for Contingencies: $50,000 TOTAL AMOUNT APROPRIATED TO DATE from Civil Penalties Funds collected in enforcement of Wetlands, Coastal Primary Sand Dunes and Chesapeake Bay Preservation Area Ordinances: $15,000 26 Oyster Heritage Plan Attachment 8: References (available upon request from Department of Planning & Community Development) Assessment of Oyster Reefs in Lvnnhaven River as a Chesapeake Bay TMDL Best Management Practice, Mac Sisson, Lisa Kellogg, Mark Luckenbach, Rom Lipcius, Allison Colden, Jeff Cornwell, and Michael Owens, Final Report to the U. S. Army Corps of Engineers, Norfolk District and The City of Virginia Beach, Special Report No. 429 In Applied Marine Science and Ocean Engineering, Virginia Institute of Marine Science, Department of Physical Sciences, Gloucester Point, Virginia 23062, December 2011. Chesapeake Bay Oyster Recovery: Native Oyster Restoration Master Plan, Maryland and Virginia, September 2012. U.S. Army Corps of Engineers, Baltimore and Norfolk Districts. Overcoming Restoration Paradigms: Value of the Historical Record and Metapopulation Dynamics in Native Oyster Restoration, Frontiers in Marine Science, 08 September 2015. Romuald N. Lipcius et al. Virginia Oyster Gardening Guide, 2nd Edition, 2013. Department of Environmental Quality, Virginia Coastal Zone Management (CZM) Program in partnership with the Virginia Marine Resources Commission, Virginia Institute of Marine Science, Tidewater Oyster Gardeners Association, Oyster Reef Keepers, Chesapeake Bay Foundation and Virginia Department of Health. 27 AP-4."4111"..4'.1.,,), v. 0 ,� City of Vir irzia Beach 2 I. z 4-, .?, 6F OUR NAt'eNS LOUIS R.JONES PHONE: (757)583-0177 VICE MAYOR FAX (757)588-4659 Refer to File No. 0058338 July 12, 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) a Resolution to Adopt an Oyster Heritage Plan and (2) an Ordinance to Appropriate and Transfer to the Department of Public Works and to Authorize a Grant to Lynnhaven River NOW. 2. I have an oyster lease on 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- July 12, 2016 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Sincerely, f12,ac.; Louis R. J s Vice Mayor LJR/RRI 68 Item-VI-1.76(00h) ORDINANCES/RESOLUTIONS ITEM#66171 Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, Oyster Heritage Plan: b. Ordinance to an APPROPRIATE and TRANSFER: i. $56,797 from Oyster Heritage Fund to Planning ii. $ 3,294 from General Fund Reserve for Contingencies to Planning iii. $40,000 from Oyster Heritage Fund to Public Works Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Vice Mayor Louis R. Jones Council Members Absent.• None July 12, 2016 1 AN ORDINANCE TO APPROPRIATE FUNDS FOR 2 OYSTER RECYCLING AND TO APPROPRIATE AND 3 TRANSFER FUNDS FOR A GRANT TO LYNNHAVEN 4 RIVER NOW 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $56,797 is hereby appropriated, with revenues increased accordingly, from the 10 fund balance of the Oyster Heritage Fund to the FY2016-17 Operating Budget of the 11 Planning Department; 12 13 2. $3,294 is hereby transferred from the General Fund Reserve for Contingencies 14 to the FY2016-17 Operating Budget of the Planning Department; 15 16 3. $40,000 is hereby appropriated, with estimated revenues from voluntary 17 contributions to the Oyster Heritage Fund, to the FY2016-17 Operating Budget of the 18 Department of Public Works to pay for activities undertaken related to oyster shell 19 recycling; and 20 21 4. A grant in the amount of $60,091 is hereby authorized for Lynnhaven River 22 NOW to support activities undertaken in support of revitalization of the oyster population 23 in the Lynnhaven River watershed including oyster recycling, educational programs, and 24 surveys of oyster populations on sanctuary reefs. Adrojted by the City Council of the City of Virginia Beach, Virginia, on this 12th day of , 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: 4 - Ae Budget and Management Services At • ey's •ffice CA13768 R-8 June 29, 2016 I I ,1141A'Bc 8c,440.- , City of Virirzia I ;each z2 0994 (c, • OF OUR NM1ON5 LOUIS R.JONES PHONE: (757)583-0177 VICE MAYOR FAX: (757)588-4659 Refer to File No. 0058338 July 12, 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) a Resolution to Adopt an Oyster Heritage Plan and (2) an Ordinance to Appropriate and Transfer to the Department of Public Works and to Authorize a Grant to Lynnhaven River NOW. 2. I have an oyster lease on 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 I i Mrs. Ruth Hodges Smith -2- July 12, 2016 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Sincerely, 4i.t; Louis R. J s Vice Mayor LJR/RRI 69 Item-VI-I.8 ORDINANCES/RESOLUTIONS ITEM#66172 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH the "Flood Mitigation Grant Program II" and ACCEPT and APPROPRIATE Grant Funds re elevating homes susceptible to repeat flooding Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT # 7- 2 044, "FLOOD MITIGATION GRANT PROGRAM II" AND 3 ACCEPT AND APPROPRIATE REVENUE FROM A FLOOD 4 MITIGATION ASSISTANCE GRANT FROM THE VIRGINIA 5 DEPARTMENT OF EMERGENCY MANAGEMENT 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA, THAT: 9 10 1. Capital Project # 7-044, "Flood Mitigation Grant Program II," is hereby 11 established as a project in the FY 2016-17 Capital Improvement Program; and 12 13 2. $874,061 in grant funds are hereby accepted and appropriated, with federal 14 revenue increased accordingly, to CIP #7-044 in the FY 2016-17 Capital 15 Improvement Program for the purpose of elevating homes susceptible to repeat 16 flooding. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of July 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: Off/ Budget and Management Servic s £i y Afiaprey's Office CA13777 R-1 June 29, 2016 70 Item-VI-L9a/b ORDINANCES/RESOLUTIONS ITEM#66173 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE funds from General Fund: a. $181,813 to the Virginia Aquarium Building Systems and Facility Infrastructure re demolition of collapsed aviary netting b. $640,673 to the Aquarium Marsh Pavilion re exhibits destroyed when the aviary collapsed Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 1 AN ORDINANCE TO APPROPRIATE $822,486 FROM 2 FUND BALANCE OF THE GENERAL FUND TO CIP #3-146 3 VIRGINIA AQUARIUM BUILDING SYSTEMS AND 4 FACILITY INFRASTRUCTURE IN THE AMOUNT OF 5 $181,813 AND TO CIP #3-028 AQUARIUM MARSH 6 PAVILION ENHANCEMENTS IN THE AMOUNT OF 7 $640,673 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That $822,468 is hereby appropriated from fund balance of the General Fund to 13 the following projects for the amounts and purposes set forth below: 14 15 1) $181,813 to CIP #3-146 Virginia Aquarium Building Systems and Facility 16 Infrastructure for repayment for expenses incurred in the demolition of the 17 collapsed aviary netting at the Virginia Aquarium; and 18 19 2) $640,673 to CIP #3-028 Aquarium Marsh Pavilion Enhancements to 20 substitute exhibits destroyed when the aviary collapsed. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of July 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: Budget and Management Sery ces City toi ey's Office CA13778 R-1 June 29, 2016 71 Item-VI-J PLANNING ITEM#66174 1. WALLER ENTERPRISES,LLC SUBDIVIOSN VARIANCE 2. IGLESIA CRISTIANA NUEVA VIDA. MODIFICATION TO THE INDIAN LAKES LAND USE PLAN and CONDITIONAL USE PERMIT 3. ACELA AGUERREBERE LANE CONDITIONAL USE PERMIT 4. CHRISTIAN BROTHERS AUTOMOTIVE CORP. CONDITIONAL USE PERMIT COUNCILMAN WOOD WILL ABSTAIN ON ITEM#4 July 12, 2016 72 Item-VI-J PLANNING ITEM#66175 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Item 1, 2, 3 and 4(COUNCILMAN WOOD ABSTAINED) of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 73 Item—VI-J.1 PLANNING ITEM#66176 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Ordinance upon application of WALLER ENTERPRISES, LLC/ RHAE ADAMS JR.for a Subdivision Variance at 221 75th Street DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WALLER ENTERPRISES, LLC /RHAE ADAMS JR. for a Subdivision Variance at 221 75th Street(GPIN 2419567897)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. When subdivided, the property shall be subdivided as shown on the submitted preliminary plat entitled "PRELIMINARY SUBDIVSION PLAT, PROPSED LOTS A- 1 & A-2, " dated March 29, 2016, and prepared by Gallup Surveyors & Engineers, Ltd., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Planning Department. 2. When developed, the Property shall be developed in substantial conformity with the submitted Site Plan entitled "RE-SUBDIVSION VARIANCE EXHIBIT 75th STREET RESIDENCES for WALLER ENTERPRISES," dated February 23, 2016, and prepared by John Waller, AIA, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When developed, the single-family dwellings shall be developed in substantial conformity with the submitted building elevations entitled "RE-SUBDIVSION VARIANCE EXHIBIT 75th STREET RESIDENCES for WALLER ENTERPRISES, " dated February 23, 2016, and prepared by John Waller, AIA, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. A twenty (20) foot private ingress/egress, drainage and utility easement shall be established across proposed Lot A-1 for proposed Lot A-2, as shown on the submitted exhibit entitled "PRELIMINARY SUBDIVSION PLAT, PROPSED LOTS A-1 &A-2, " dated March 29, 2016, and prepared by Gallup Surveyors &Engineers, Ltd. 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 Twelfth day of July, Two Thousand Sixteen. July 12, 2016 I I 74 Item—VI-J.1 PLANNING ITEM#66176 (Continued) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 , • I ti 1110 I.ti 7. ' 1 1I ', 'If { y , t I, 1 y ti ti si y 1, • y • • y 1' = ti • • 'I 11'i ''f I I, • I 1 , • • , • • • \ ri-• ''11, �t 't. i al - -t, �, 5 , t i _ -'� t _ y t '', ' '� ( ift ' iti 1 I \II \t\ 1 1 f .,1 t)... t ii " 11 .' \ , • ' i ,� t - Ste-_` t 111 i�^__. S 4.--5" -- ti • t' I It r '' Y -Y't �' I't \\\\\\i'. .. 1 t._,1 \ \I-- _ _(X , ti • I <:!ie.:, \ \.----- • i t-✓ Ci t , ! $46.‘1:e - ‘' I , TM. I a. 75 Item—VI-J.2 PLANNING ITEM#66177 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS PROFFERED and CONDITIONED, BY CONSENT, Ordinance upon application of IGLESIA CRISTIANA NUEVA VIDA/118 ASSOCIATES, LLC for a Modification to the Indian Lakes Land Use Plan for a Conditional Use Permit re religious use at 1100 Indian Lakes Boulevard DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of IGLESIA CRISTIANA NUEVA VIDA / 118 ASSOCIATES, LLC for a Modification to the Indian Lakes Land Use Plan for a Conditional Use Permit re religious use at 1100 Indian Lakes Boulevard (GPIN 1466809439) DISTRICT 2—KEMPSVILLE Proffer—An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court 1. The Land Use Plan for Indian Lakes Planned Unit Development shall be Amended to also allow religious uses on the property. Such religious uses shall include a church, sanctuary and classrooms. Accessory uses to the religious use shall include preaching and classroom teaching, a food pantry, counseling, children's ministry and outreach, daycare and general outreach to the Hispanic community. Conditional Use Permit The following condition shall be required: 1. A Certificate of Occupancy shall be obtained by the Building Official's Office prior to occupancy of the building by the church 2. The number of occupants shall be established by the Building Official's Office 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 Twelfth day of July, Two Thousand Sixteen. July 12, 2016 76 Item—VI-J.2 PLANNING ITEM#66177 (Continued) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 A ro.f.::'1,4'"I `,, CITY OF VIRGINIA BEACH �,u --AN ,---,1,:, . INTER-OFFICE CORRESPONDENCE \ -:.:.--;-,f .' 0.,- ,-s -:.::,-.,'-t ..�<, OF OURNp„0,, eat In Reply Refer To Our File No. DF-9591 DATE: June 27, 2016 TO: Mark D. Stiles 0_ DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; 118 Associates, LLC — Modification to Existing Land Use Plan The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 12, 2016. I have reviewed the subject proffer agreement, dated May 18, 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: Nancy Bloom THIS AGREEMENT, made as of this 1 day of May, 2016, by and between 118 ASSOCIATES, LLC, a Virginia limited liability company, (hereinafter referred to as "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH : WHEREAS, the Grantor desires to amend the existing Land Use Plan for Indian Lakes from the current conditional use designation of"day care only"to also include a designation for "religious use", for 1100 Indian Lakes Boulevard, Virginia Beach, VA 23464, which is more particularly described on the attached"Exhibit A", (hereinafter"the Property"); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, 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 cope with the situation to which the Grantor's Land Use Plan application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Land Use Plan, GPIN: 1466-80-9439 Prepared by: P. Austen Lake, Esq. (VSB# 82321) Jones, Walker&Lake, P.C. 128 S. Lynnhaven Road Virginia Beach, VA 23452 in addition to the regulations provided for in the existing PD-Hl zoning district by the existing Comprehensive Zoning Ordinance, the following reasonable conditions relating to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, 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 of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval,hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said Property, which shall be binding following the approval of Grantor's rezoning Petition by grantee upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Land Use Plan for Indian Lakes Planned Unit Development shall be amended to also allow religious uses on the Property. Such religious uses shall include a church, sanctuary, and classrooms. Accessory uses to the religious use shall include preaching and classroom teaching, a food pantry, counseling, children's ministries and outreach, daycare, and general outreach to the local Hispanic community. 2. Further conditions may be required by the Grantee during detailed site plan and/or subdivision review and the administration of applicable City Codes by all applicable City 2 I i agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1)the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia,to administer and enforce the foregoing conditions, 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 CZO or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shown 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 the Grantor and Grantee. [Remainder of Page Intentionally Left Blank] 3 11 1 IN WITNESS WHEREOF, the foregoing Agreement is executed as of the date first written above. GRANTOR: 118 ASSOCIATES, LLC, A Virginia limited liability company (y: � --I,j ic--xl .?-1 Print Name:Jc->AA g ` LC>Few _ � 1 'fs----\N:: COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this ' v day of May, 2016 by_ -To krx E. • Loper- , in his/her capacity as 0U3tom,' on behalf of 118 Associates, LLC, a Virginia limited liability company. i Notary P (is My commission expires: 0 I50190,9 4, CHRISTOPHER M NEAL ��l o_ ' NOTARY PUBLIC 7658119 ,.0'4. COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPTEMBER 30,2019 4 EXHIBIT A ALL THAT certain lot, piece or parcel of land, together with any improvements thereon and all appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, designated and described as Parcel "A", on that certain plat entitled, "Subdivision of Property for Urban Associates—Three, Kempsville Borough, Virginia Beach, Virginia", signed by J. R. Saunders, III, C.L.S., on April 29, 1980, prepared by Talbot & Associates, Ltd., Engineers-Architects-Planners-Surveyors, Virginia Beach, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 140 at page 36. IT BEING the same property conveyed to the grantor herein by deed of John D. Stevens, dated December 27, 2006, and recorded in the aforesaid Clerk's Office in Instrument number 20061229001929870. 5 i — . ..., • " "'„, .,, ..-• / . . ,„. 11 . ,• . , 1 . t t ; rc, , \... ,._ ... .. .,,, ...„„, 4„."--1 J 1 r t ii/ . .• .., , --.......„,./ ----1 •• ,_. - I ) 1 1 . 1 , • . I I Il I r „ . . . ,_ . . . . • • A. • . : • .... • ' .,,, ", ..._ --------'- 4..' './-4, I / . • •-- - % ...„--- i . .,-- _..- .. „ „, .; __.--- . , / , . , „ ,, , . .., . • ,, / , 0 ,• . " ,.• , • . , .. , " . . , .,, „ - _, V.. • , ,,.- -------' „ - ,, ..-,- .,,. \ ‘, rd H. -----, --''''' •„ , \ - '''"'1'2,10-;:;•„'e,,,-1 •i•,?,,,,„,,,.., / , , ,.,,. .,„,. '• ' it ' '' .,,,,,,,,,..,';, , , - --....) 1 I , 1 . , .. , .. .. , - . . . . . ._- No. ,,., i .. , . „ . . ,... „.„--„,;-„tiv;,,:.,':::,--.7,,,t,„„_„,-A. 7 i `.4"'10-1k.."-i,. . ,.ii.:#-"•fC,`44 ''''t ' ?,':.,,*77. ,,,,.4k, <,„ i IV” Ir. ' ' ' / I 4 " 4...„..„_..,/ '..,.; ? I ,---i. ' 1 , I 1 • 1 • 1 ? / - 7 1/4C) 4 •-,' L..______r_._ I '6', an IN" : ,,,,AY::411,'17' ',44. v,•.t.,;.-,--•--,, f-..•-ff".4v-,-, ,, ,i ... i / .• , . . , . "r`-td--*,.."'..';.:,-_-.c." , -.::fr a -*EttAri,J;"..44"-X-•-i:- i i . . ,..- ..„,. / --,,,thorm -- ,,,,,, '..iir. •i-',1,-,-,-''''-'4"'rt---,',.--- "..-I . t • ..* ,, -p,,, 'r:,54N"t,.::--.,,,.„ _.. '. :4,•-.Nh*,.'.'"":„ ' --•f 4#A." '.".:::""-i-,413(.„„,..,'.. r---1 •''': LI --.,-„, ',,,,/,,,,i,„,„, , ,,, "•-"'",:,tq-,,K,:vt-=',.,.,7«,„ '4—fl-,.:"..-/'.;;!,'?*P'4°..-,-,, -41').4:•,-.7.,%,.t. . 11 ' --t ,__,;:,,,,,,,,,., , I _— i.- ' .--t-A7-r•-•-• k"r4',',.. .1.•a-:,,,, ,:`LL ,,,, ,_ , ,,,,,, ., .11.°- 1-7---7----,-- s . I. ,ti . . . ,. , ... . r-i , / :.' -0,T1/. .04,,,. __--1 i ria° . .„.,,,...„., . .. .r I VS _ t - -- : I. ?"-',.', 1= 4'Ill. f. • .47 '• '''' L I --, i c3\ _-5- .f.. \., r ii ___ „...._ \.,..\\ • _,j ,4,,,, , --....jci .i.,,,,,,, _.‘ '4::: , I , . 1 I t 1 \ IL ,',:,-.A•,,,,.>0% d I :,,,,-?-- - \--_----'\ , . ...._-------\ et. i '. , , , L _) ''..k,L,-,-.':-?-:'"-.7',1:',fr..„ , - • ,,, , /----; 4 f r—t ,„ , 3 L— tt,„„.- - AO , , -,• ,,,, - \ - 77 Item—VI-J.3 PLANNING ITEM#66178 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Ordinance upon application of ACELA AGUERREBERE LANE for a Conditional Use Permit re Family Day-Care at 1425 Glenwood Links Lane DISTRICT 1 — CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ACELA AGUERREBERE LANE for a Conditional Use Permit re Family Day-Care at 1425 Glenwood Links Lane (GPIN 1475003257) DISTRICT 1 — CENTERVILLE The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family Day-Care home shall be limited to a total of eight (8) 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 Day-Care home at any one time. 5. There shall be no signs anywhere on the property advertising the family home Day- Care. 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 Day- Care home. 7. Parking for customers and future employees shall be met on the site and not on the public street. 8. All barrier requirements established by the Virginia Administrative Code and Virginia Department of Social Services pertaining to the pool shall be met. 9. No play equipment and toys associated with the family Day-Care home shall be stored in the front yard overnight. 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. July 12, 2016 78 Item—VI-J.3 PLANNING ITEM#66178 (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 Twelfth day of July, Two Thousand Sixteen. Voting. 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 I1 I , ,...` ' '----- '1: .'et:t"..7?.- %ISA, .A111140*. ;Vat" - .,_: ___----\ •,•.Vi-ggiiiii, "44g-atte., , -----"A ' . , 1.- . ------.' — .. ,.. ti ,,,, 1 \ \,......-4.. \,..------— . 2., --- e' '7 /., 1,---,, ,.... ...,./:7 i.,....,00'.* ---- e---, .„---- , .... ,, ___--„ . , \ _-----` -..,-.1. ,---.., _ 1,...o,'''',-.. „,.., - '... -1,...',...4., 1- ------- ' ,... --",,- ....,,..,.. „ 11 \----- cfi....71 \------ V:' ..,-----, ....., _.,..., t* --- '. t.... 6.. 1--\ .-- ......--- '.,, --- 'L._ ..,,,..J. \ ,.,\ \_ ) ' ) r,,,1.,:. :14:1".,„,„,,,,1 1----.----'-' 5.-----A \ ‘ \.:'=. '-,•.,,,,_,-4.4,. c---N ,,,, \ . .,..„.... . . ..„..._ -rwri if--- „.....„/-•,,, ....... ligtia,,, Ce / ------7 . ,..„....,,,.....„,„ .., , isitigtotu, , - i .., .., ............„ .....„, . , 1 .,. c _ ,,..../ ,...„....„ ir-------- ) t\ 00,01:,7,,,,,,,:fi,,s,:.,,,,,,.*t. 0 . , -4,44,,,, _--, \ Atfo' /------, \_ \ ..._ 7'"----..,.- / .,. .. , ..,.. . ,,,....,„ , . . ...}.„..„ ,./ \ A ...// .1.-1.. ,, 1_____, ...,/' ,..\ ,,,,,,,,,,,-- i e...,/ i \ L-1 ,z” ''',,,,(-.- ,.. ...• ., ...,' ---- ' ,. ,,.,..„......_, , I1 —1. 79 Item—VI-J.4 PLANNING ITEM#66179 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Ordinance upon application of CHRISTIAN BROTHERS AUTOMOTIVE CORPORATION / CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC.for a Conditional Use Permit re auto repair garage at the corner of Holland Road and Warwick Drive DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA Ordinance upon application of CHRISTIAN BROTHERS AUTOMOTIVE CORPORATION/CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC.for a Conditional Use Permit re auto repair garage at the corner of Holland Road and Warwick Drive (GPIN 1495086742)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site layout entitled, "CHRISTIAN BROTHERS AUTOMOTIVE CONCEPTUAL SITE PLAN, " dated May 23, 2016, and prepared by Timmons Group. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The design and exterior building materials shall be substantially in adherence with the submitted exhibit entitled, "CHRISTIAN BROTHERS AUTOMOTIVE ARCHITECTURAL RENDERING & PHOTO CONDITIONAL USE PERMIT APPLICATION " dated April 1, 2016. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. The design and materials of the dumpster enclosure shall be substantially in adherence with the submitted exhibit entitled, "CHRISTIAN BROTHERS AUTO DUMPSTER ENCLOSURE DETAILS, " dated May 23, 2016, and prepared by Timmons Group. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. There shall be no vehicular access from Holland Road directly to the site. 5. Any onsite signage shall meet the requirements of the City Zoning Ordinance and there shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign, " but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate Sign Permit shall be obtained from the Planning Department, Zoning Office,for the installation of any signage. 6. Any freestanding sign shall be monument style with a brick base that matches the building and shall be no taller than eight (8)feet as measured from the ground to the top of the sign. Said sign shall not be a "box sign, " but rather be either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. 7. A Landscape Plan shall be submitted during Site Plan review process. Said Landscaping Plan shall also reflect the plant material depicted on submitted Site Layout Plan referenced in Condition One above. July 12, 2016 80 Item—VI-J.4 PLANNING ITEM#66179 (Continued) 8. A Photometric Plan shall be submitted during the Site Plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 9. All vehicle repairs shall take place inside the building. 10. No outside storage of equipment,parts or materials shall be permitted. 11. There shall be no outside storage or display of tires. 12. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 13. There shall be no storage containers outside the building or in parking spaces. 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 Twelfth day of July, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Abstaining: James L. Wood Council Members Absent: None July 12, 2016 ,1 . .., . , .„,__•,.. \-,....----'\ , . ......------ C, ,,,.. \ \ )1' \ .„--- ..-- zs. \ li it ...„, tilr!':7,:,,,, '\sr,lit .,•- _.,..-i \i. \ --!rp,'•,,./14- \ r-e-7 I k., ii'V, U ,,i,EP Alf* 1.._ , .,, 11,.... . , 1\1/4. '1.:,,4,,,;„ . : -„ , „, ,,,:., :,i'• ,,,,,, ',:irt-7'• - ' ' -,!:'-:- N, --- ... . ..,.,„,. ,, ,• .. ' .e• s4"....3. \z Oil . ,.. ro ..., ..„. , ' •C .','''' .......,- e, . ,.... 0\ i „.,..,,-:,• ,:',i,;,:,-'''''.,43ir 4r' ..-- \1 <,....\\....„,....,...\,,, lo____ii ...1 ,.,.. .... „ „...,„..c,-,;•.„.::),--r .----,..-::,.., -,2, -- z ,.,,... ,....,.. .. ,, C3 .. , .r. ... ,ksie ,./ ''''> '''-' = -r.'•-” CO / , ... ,•...; - , ,....-..,- .. , ..,...„.. II/ 1011011 --i, IA* , ..., . -111.k. , :t:trio-r'''' ..,,,-.--7,".•••ti-ii:,:•:.,, ,,,-----,-L- itt .. ''' 111 %., ‘IP ,.4,443,.!47400". ....,.. . . .........4-:-.4tArk-A: 1,171-011° .,. / ' ' ...-, . .... , ..,..„. . ..„ , ' . .":-.E,1,_ ,,,4'-',1:11' - ,,,,,,,,,,,, ,--i2,,,,6„, ' ',,''..7 S' ,'''''''''. 14011111° .' '-.r,, , -- 1,,?:,-.:,'4% 401.1,11 , ,' t"%gfit°' 0V"- ' '. ''''''.;-:';'' '''" 'fteli‘'' 01. , *- '''' 4:.a.,/,.\*--1*-"-"\-- -•-• •-'''' 14°1 • .. '-'.' 110,, 1 1 Ii*I1 LI p.. .--;'''' 040 ,, • 11000( - '::',,,;.- -';'?;' I. illkir,„ . • ., -i ' A # ,its ..„, % Tr $111 V ' , . • qe#4Ik . • ' ''' '''' '• ';',i' 4.';', \ %,.. 11'1 \--I Alia \ Cil \ 1 iklilA II li;v10•-*- .01. \ Ilfit,,.. ** it _.........k iik * i %it, 11 11.1 '' ,,,-414-it, r- k .• - 41'''-'''' 5 • N . ,1111, „. \ , . ..- e..77,•••.,,,41.4.ii.A IP" .....-"„-. I I 41A'$FA 44,4 Atir mity ` Y, City of Virg;ir1ia Beach • w Ls i •�s .r ego Op OUR NAT10vt° VBgov.com JAMES L.WOOD PHONE: (757)340-8411 COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX (757)340-2082 In Reply Refer to 0058347 ( ® eo^ July 13,2016 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 Christian Brothers Automotive for a conditional use permit for an automotive repair garage for property owned by Children's Hospital of The King's Daughters ("CHKD") and located along Holland Road at GPIN 1495086742. 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 abstained from voting on this application. Please record this declaration in the official records of City Council. Thank you for your assistance. • cerely, • 4/1 Jam�es L. Wood '�ouncilmember JLW/R.RI 208 ASH AVENUE.SUITE 101,VIRGINIA BEACH,VA 23452 81 ITEM VI-K APPOINTMENTS ITEM#66180 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM (CSA-AT RISK) HUMAN RIGHTS COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WORKFORCE HOUSING ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 I i 82 ITEM VI-K APPOINTMENTS ITEM#66181 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: EMMA DAVIS Four year term 07/01/2016—06/30/2020 ARTS and HUMANITIES COMMISSION Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 83 ITEM VI-K APPOINTMENTS ITEM#66182 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: AMY FROSTICK Unexpired term thru 06/30/2017 Plus three year term 07/01/2017—06/30/2020 BIKEWAYS and TRAILS ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 12, 2016 84 Item-VI-K ADJOURNMENT ITEM#66183 Mayor William D. Sessoms,Jr., DECLARED the City Council ADJOURNED at 6:27P.M. 41&°r\P 71/1/1 7 anda Finley-Barnes, MKIC Chief Deputy City Clerk Ru Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia July 12, 2016