September 6, 2016 MinutesVIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 6, 2016
Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on MEDICAID
EXPANSION in the City Council Conference Room, Tuesday, September 6, 2016, at 2:30 P.M.
Council Members Present:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent.•
None
ADD ON
MAYOR'S COMMENTS
Mavor Sessonis expressed appreciation to the City Staf
f.for an outstanding job dealing with the weather
and storm drainage this past weekend.
BEACH Events did an outstanding job coordinating the relocation of the American Musical Festival from
the Oceanfront to the Convention Center.
The Amphitheater did a great job working with Bruce Springsteen to reschedule his concert from Friday
to Monday.
Mayor Sessoms stated, "KUDOS to everyone that contributed in making this past weekend a success ".
Mayor Sessorns met with the group "We the Deaf People " in an effort to ensure evervone, especially the
deaf, are being treated fairly and equally in the City. Deputy City Manager- Ken Chandler- also attended
the meeting and is currently researching the law to ensure we are completely compliant.
September 6, 2016
V
CITY COUNCIL'S BRIEFINGS
MEDICAID EXPANSION
ITEM #66256
2:33 P.M.
Mayor Sessoms welcomed Tom Prevette — Director, Advocacy and Community Relations, Bon Secours
Virginia Health. Mr. Prevette expressed his appreciation to City Council for their continued support:
Medicaid Expansion in Virginia
Below is an overview of the Affordable Care Act "ACA " Medicaid Expansion:
rvx=
➢ A major coverage provision of the
Affordable Care Act is the
expansion of Medicaid for adults up
to 138% of the Federal Poverty
Limit (FPL).
Y In 2012, the Supreme Court ruled
that states could decide for
themselves whether or not to
expand coverage.
➢ Since that time, 31 states and the
District of Columbia have expanded
coverage.
Y As an enticement, the ACA will
reimburse states 100% for the first
three years before declining to
90%:
- 2017: 95%
2018: 94%
2019: 93%
2020 and thereafter. 90%
/ b
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September 6, 2016
4
CITY COUNCIL'S BRIEFINGS
MEDICAID EXPANSION
ITEM #66256
(Continued)
Below is an overview of Virginia's Medicaid Program:
Vir inid'Medicaid Program
Who Gets Medicaid in Virginia?
S—al populations are co—ed and each group has As
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r Virginia's Medicaid program ranks
48'^ nationally in spending per
resident.
Y Eligibility is restrictive.
d the
pwd d y Childless adults are not eligible
P—ty for Medicaid coverage.
tave�
➢ Pregnant women and children
through age 18 must have income
<_ 148% FPL. The FAMIS program
provides coverage up to 205%
FPL.
Y The elderly and disabled must
have income < 80% of FPL.
'r Working parents must have
income < 52% FPL.
Individuals and families with income below 100% of the Federal Poverty Level ("FPL') do not qualms
for subsidies created by the ACA. Individuals with an income of $11, 770 fall within the "coverage gap "
and often have no health insurance coverage:
September 6, 2016
10
The ACA also created new subsidies
for individuals and families without
employer sponsored health care and
with incomes between 100% FPL and
400% FPL to purchase insurance
through the marketplace.
Y However, individuals and families
with incomes below 100% FPL do
not qualify for the subsidies.
In Virginia, individuals without
children are not eligible for
a N,
Medicaid.
Families must have income below
52% FPL to qualify.
'r Childless adults and families with
incomes between 52% and 100% FPL
may find themselves in the
coverage gap, unable to qualify for
September 6, 2016
A
CITY COUNCIL'S BRIEFINGS
MEDICAID EXPANSION
ITEM #66256
(Continued)
Y In 2013, the Governor Bob McDonnell elected not to expand coverage to the
new eligible population.
Y Instead, the General Assembly established the Medicaid Innovation and
Reform Commission to review the state's Medicaid program and examine
possible reforms.
Y In 2014, Governor Terry McAuliffe, who campaigned on Medicaid expansion,
introduced his plan to expand coverage.
While House Republicans balked at the Governor's plan, the Senate supported a
market-based version of expansion, leading to a protracted budget stalemate.
The retirement of a Democratic Senator shifted the balance of power in the
Senate, ending the stalemate and hopes for expanding coverage that session.
Republicans in turn added language to the budget - the "Stanley Amendment" -
prohibiting the Governor from moving forward with expansion through executive
action.
Y During both the 2015 and 2016 sessions, Governor McAuliffe included budget
language expanding coverage; however, the provisions were removed from
adopted appropriations act.
- The "Stanley Amendment" language, however, remains in the budget.
Below are a few of the consequences of not expanding coverage; however, it is important to note that the
cuts to Medicare and other programs, coupled with Sequestration and other legislative actions, will grow
to $1 -Billion per year by 2022:
The Consequences of Not Expanding CoverQge
>
To payfor expanded cowrage.theACA included a numberof cutsto Medicare and other programs.
In Virginia, these cuts. when coupled with Sequestration and other legislatwe actions. will grow toll billion Do
ygar by
2022
➢ These cuts negatively impact the financial sustainability of hospitals and other providers.particularly
throughout rural Virginia where providers see a higher proportion of Medicare and Medicaid patients, both of
which reimburse below the costs of care.
Y At the same time. Virginia continues to have a large number of uninsured -12.5% in 2014 according to Virginia
performs - resulting in hospitals providing nearly $600 million in free or discounted care to the uninsured.
Y According to the Commonwealth Institute. Virginia has foregone over $3billion intax revenue since 2014.and
will continue to forgo $6.2 million each day it does not expand coverage.
September 6, 2016
CITY COUNCIL'S BRIEFINGS
MEDICAID EXPANSION
ITEM #66256
(Continued)
Below are a number of reasons expanding coverage makes "cents "
Expanded Coverage Makes "Cents
jJ
➢ Re search from the Robert Wood Johnson Foundation demonstratesthat endenceGomstates that haw
expandedMedicaidcansistent/yShows that eayanswngeneratessavingsandrevenue which can he usedlo
finance other state speadingprial7 es or offset much, ilnot all olthecosts o/expansion.
➢
it also showed that state Medicaid spending in states that expanded grew mom slawly than states that did not
between FY 2014 and FV 2015, 3.4%cum pared to 6.9%, respectively.
➢ States that expanded saw higherinbgrowth (2.4%)the nthus athat did not (1.0%).
➢ Savings are derived from higher reimbursement rates for the newly eligible population that may have had
limfted eligibility for select services and the replacement of general funds far some programs with Medicaid
funds for the newly eligible.
➢ Arkansas,for exam pIa. saw $35,500,000 inestimstedsavings and revenuesrelated toexit ending coveragein
just six months during SFY 2014 and 5131,070.000 in SFY 2015.
➢ Kentuckysaw MADANandS83.100.000 in savin gs and rave nues during th a same time p eriod.
➢ If implement ad in V irg inia this past ses sion. expanded cove ra ge we s Estimat ad to prad uce :157 in illion in
savings throughout the biennial budget.
Analysis conducted by the Commonwealth Institute estimates Virginia could save $158 -Million in
General Fund spending on behavioral health services by expanding coverage to low-income, working
Virginians:
Expanded Coverage Makes "Cents"
Flip> A m ajar drive r of savin gs in exp a nsion states a re reduct ions in ge n era I fun its s pent an behavioral It ealth
serticas
Men— saved V.1 million in 2015
Kentacly saved $9 million over 6 months in 2014and S21 millem in 2015
➢ A March 2016 report from the O.S. Department of Health and Human Services estimates that 34.8% of the
uninsured population in Virginia with incomes less than 138% FPL between 2010 and 2014 had a mental illness
or substance abuse disorder
But. only 15.8%of the uninsured population sought ti eammit
The same report estimates that 102.000 Virginians suffered Irem a mental illness or substance abuse disorder in
Virginia in 2014
➢ Analysis conducted by the Commonwealth Institute estimates that Virginia could save:158 million in general
fund spending on behavioral health services by expanding coverage to low-income, working Virginians
September 6, 2016
7
CITY COUNCIL'S BRIEFINGS
MEDICAID EXPANSION
ITEM #66256
(Continued)
Expanded Coverage Makes "Cente
A healthy, productive workforce is key to a healthy economy...
Coverage for Workers In Key Sectors
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Expanding coverage can be expected to reduce private insurance premiums by nearly 1 %per, year, in
part by lowering uncompensated care costs:
Expanded Coverage Makes "Cents"
➢ Recent economic analysis conducted by Chmura Economics 9 An*ics estimated the total economic impact
(direct and indirect) of expanded coverage to average $3.5 billion and 26.500 jobs from 2015 to 2020.
➢ According to Chmura's analysis, expanded coverage would lead to an estimated :1.8 billion in health services
for newly insured.
Y
It would also reduce business costs due to reductions in private insurance premiums by an average of $158.5
million.
Y Expanded coverage can be expected to reduce private insurance premiums by nearly 0.9 percentage points
per year, in part by lowering uncompensated can costs.
➢ The state government will see a net increase of SI65.9 million peryear in state revenues.
➢ A separate analysis by the Commonwealth Institute estimates that an average annual infusion of 52.1 billion in
new federal funds could support 15.100 jobs generating over SBB million in state and local revenues each
year.
September 6, 2016
E3
CITY COUNCIL'S BRIEFINGS
MEDICAID EXPANSION
ITEM #66256
(Continued)
Several States are moving forward with a more conservative, "market-based " approach to expand
coverage with Section 1115 Waivers:
Several statesare moving
forward with a more - - �+•+++�+•�
conservative, market-based
Opp
roachtoexpanded �a.••�• r .n o� w.
coveragewdh Sic. 1115 ...,,.,�„,.....>.,
Waivers <.
Republicans and Demo crats„„
a like s h ould com e tog et her
to design a market-based
approachthat works for
Virginia.:""`"""�
Doing so makes "cents"for
our citizens, our economy. ..
and our providers!
Mayor Sessoms thanked Mr. Prevette for this informative presentation.
September 6, 2016
0
CITY COUNCIL'S BRIEFINGS
CERTIFICATE OF PUBLIC NEED
ITEM #66257
2:48 P.M.
Mayor- Sessoms welcomed Julie Dime — Vice President of'Governinent Advocacy, Virginia Hospital and
Healthcare Assistant. Ms. Dime also represented the City, along with other- Lobbyists, in the General
Assembly. The City cares about not only its Citizens but its employers — Sentara being the 3'd largest in
the City. Also, it is known that the City continues to diversify the economy. Ms. Dime made the
presentation which is attached and made a part of this record.
Ms. Dime advised the Certificate of Public Need "COPN" balances the mission to provide high quality,
affordable health care to all patients regardless of ability to pay and meet other social needs in an
increasingly challenging policy environment. COPN has existed for over thirty (30) years and most
States (34 in all) have some type of COPN. COPN helps balance the programs that are and are not
profitable. For example, it is incredibly difficult to have a baby south of I-81. As of now, the Serrate and
General Assembly are dead -locked and did not take action on finding COPN; however, a sub -committee
was formed but, unfortunately, has not met to date. Repeal of COPN would have negative consequences.
In conclusion, Ms. Dime advised without addressing the challenges that health care systems face,
piecemeal or wholesale deregulation of COPN would exacerbate these challenges and force hospitals to
skitter unprofitable services, and the jobs that come with them, or shift a greater percentage of the costs
onto commercially insured consumers.
Mayor Sessoms thanked Ms. Dime for this informative presentation.
September 6, 2016
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10
CITY MANAGER'S BRIEFINGS
LEGISLATIVE PACKAGE
ITEM #66258
3:12 P.M.
Mayor Sessoms welcomed Robert Mathias, Assistant to the City Manager. Mr. Mathias expressed
appreciation to City Council for their continued support in preparing the 2017 Legislative Agenda:
't psi
DRAFT
LEGISLATIVE AGENDA
GENERAL ASSEMBL
2017 SESSION Robert Matthias
SBptember G. 2016
Virginia Beach City Council Meeting
Below is the schedule for the 2017 Legislative Agenda:
CITY COUNCIL SCHEDULE
Briefing to City Council by Bob Matthias
Public Comment Period
Final adoption by the City Council
J
September 6, 2016
11
CITY MANAGER'S BRIEFINGS
LEGISLATIVE PACKAGE
ITEM #66258
(Continued)
Below are the items that are proposed as a part of the Long Term Policy positons:
LONG TERM POLICY
POSITIONS
1. POST LABOR DAY OPENING FOR SCHOOLS
2. EXPANSION OF THE VIRGINA HUMAN RIGHTS ACT
3. MORATORIUM ON URANIUM MINING
4. MEDICAID EXPANSION POSITION
5. INCREASED FUNDING FOR MENTAL HEALTHCARE
Below are the carry-over issues:
CARRY OVER ISSUES
6. AMEND THE VIRGINA CODE SECTION §42.170 TO INCREASE THE CIVIL
CASE FILING FEE IN 1988, FROM $4.00 TO $5.00
Sponsored by: Amelia N. Ross -Hammond
7. VOTING RIGHTS
Sponsored by: Amelia N. Ross -Hammond & Human Rights
Commission
8. SOLUTION TO COASTAL FLOODING, REGIONAL GREENHOUSE GAS
INITIATIVE
Sponsored by: Barbara Henley
9. OYSTER LEASES FOR NAVIGATION PROJECTS
Sponsored by. James L. Wood & John E. Uhrin
10. REMOVE PREQUALIFICATION REQUIREMENT FOR BOND WAIVER
PROGRAM
Sponsored by: Bob Dyer
11. ONLINE RENTAL PLATFORMSIAIRBNB AND OTHERS
Sponsored by: City Council
September 6, 2016
12
CITY MANA GER'S BRIEFINGS
LEGISLATIVE PACKAGE
ITEM #66258
(Continued)
Below are the new initiatives that have been requested:
NEW INITIATIVES
12. COASTAL PRIMARY SAND & BEACHES ACT: AUTHORIIJNG VIRGINIA BEACH
WETLANDS BOARD TO ISSUE SAND MANAGEMENT GENERAL PERMIT
Sponsored by: Barbara Henley
13. ROAD MAINTENANCE FUNDING FORMULA REVISION (ROAD DIETS)
Sponsored by: Rosemary Wilson
14. MENHADEN FISHING REGULATION
Sponsored by: Mayor William D. Sessoms, Jr., Louis R. Jones,
James L. Wood, John E. Uhrin, & Benjamin Davenport
15. A GOVERNOR'S CABINET LEVEL STATE RESILIENCY OFFICER FOR
RECURRENT FLOODING
Sponsored by: James L. Wood
16. ANIMAL CRUELTY
Sponsored by: James L. Wood
17. GAP FINANCING REPEAL
Sponsored by: John D. Moss
CITY COUNCIL SCHEDULE
Briefing to City Council by Bob Matthias
Public Comment Period
Final adoption by the City Council
September 6, 2016
13
CITY MANAGER'S BRIEFINGS
LEGISLATIVE PACKAGE
ITEM #66258
(Continued)
Mayor Sessoms thanked Mr. Mathias for all of his work.
September 6, 2016
14
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT
INCENTIVE PROGRAMS
ITEM #66259
3:25P.M.
Mayor Sessoms welcomed Douglas L. Smith — Deputy City Manager. Deputy City Manager Smith
expressed his appreciation to City Council for their continued support
Below is an overview of today's presentation:
September 6, 2016
Context
City efforts to advance development in the
Strategic Growth Areas (SGA) — FOUR
WAYS
Investing in Infrastructure
Code Modifications
Plan Updates and Refinements
Investment Partnership Policy
Context
Investment Partnerships Policy
Original Policy Adopted 2001
Re -adopted January 2014
Amended December 2015
Sources of Incentives - Include but not limited to
EDIP - Cigarette Tax
But/For Taxes
Public Infrastructure
Open Space Funds
Context
• Concerns expressed regarding incentives
• SGA Investment Policy
• Tourism Development Financing Program (TDFP)
• City Council Direction
• VBDA : Study Group look at SGA Incentive Policy
• Moratorium on TDFP
• Solicit stakeholder feedback
Vision
Public Investment
Presentations to Stakeholder Groups
• Purpose: To engage stakeholders in a discussion about the SGAs, Incentives in
those areas and the process moving forward
• Virginia Beach Vision — July 22, 2016
Mayor Sessoms, Councilman Uhrin
Chairwoman Wood, Commissioner Branch
• Chamber of Commerce —August 3, 2016
Councilwoman Wilson, Commissioner Branch
• Tidewater Builders Association —August 8, 2016
Councilwoman Kane, Councilman Wood, Commissioner Branch
• Resort Investment Committee (HRACRE Invited) —August 24, 2016
Councilman Uhrin, Commissioner Branch
• Central Business District Assoc. (Realtors Assoc. Invited) — August 26, 2016
Vice Mayor Jones, Councilwoman Ross -Hammond,
Commissioner Branch
• VBDA August 16, 2016
Councilwoman Wilson, Vice -Mayor Jones
STAKEHOLDER DISCUSSIONS OVERVIEW
• Welcome —Council Remarks
• Agenda Review — City Manager's Office
• Evolution of SGAs
Unique SGA Vision
Common themes for new development in SGAs
How do we get there?
City efforts to advance and streamline development in
SGAs
• Significant Development Projects
• Discussion: Guiding Principles for Incentives
FEEDBACK FROM STAKEHOLDERS
Very specific concerns about City matters
Development Strategy Ideas
Economic Incentives
Program details
Formulaic
Flexible
Process — if you get the process right, programs
concerns will take care of themselves
Examples of Feedback from the Stakeholders:
• Each SGA is unique, incentivize the appropriate type of development
called for in the SGA Plan for that area (i.e. don't fund parking in an
area that does not require structured parking)
• City funds are not an entitlement
• The City should incentivize projects that build above the minimum
standards and differentiate
• Flexibility is important in the process, transparency allows for
flexibility
• Consider reducing the $30 M minimum investment for a project to be
considered for incentives
• Incentivize for public parking, infrastructure
• Pay for performance
• Invest in projects that incorporate transit, connectivity, energy
efficiency, and open space
• Creates job growth through higher paying jobs
• Lots of discussion about process
See notes at end of presentation
GUIDING PRINCIPLES
10
Guiding Principles - Process
Development proposals asking for public investment should
be submitted to the City Manager
• There should be a vetting process that goes very deep and
looks at all aspects of the project
Go out to the public early and determine if this is an
appropriate project
• Transparency allows for programmatic flexibility
m
Guiding Principles - Programmatic--
• City funds are not an entitlement
• Acknowledge that SGXs are unique and warrant different approaches to
incentives
• Use Incentives for projects that differentiate
• Use incentives when developer exceeds City's requirements for
development
• Project will not proceed at a desired quality level but/for a public sector
investment
• Use of incentives driven by quality, public revenues and uniqueness of
the project, not the size
• Pay for performance, leaving risk on private side
• Incentivize projects that
Create high wage jobs or
Create green space or
Support resiliency or
Enhance connectivity or
• Review program annually and adjust for changing market dynamics
12
Recommended Process
Development proposals seeking incentives are submitted to the City
Manager's Office
A preliminary review is conducted by staff to assess project
s City Council is given overview of project in closed session and two Council
Liaisons are assigned to project, if Council deems appropriate to move forward
a VBDA is given overview of project in closed session and two VBDA Liaisons
are assigned to the project
Project is presented in open session to City Council — Public Engagement
6 There will be a vetting process that goes very deep and looks at all aspects of
the project
7 VBDA Liaisons and Council Liaisons recommend path forward
8 If recommended for approval,
Term Sheet
Public Brief
VBDA vote followed by Council vote
Development Agreement
Public Brief
VBDA vote followed by Council vote
Next Steps
Finalize Guiding Principles
VBDA
Discussion September 20
Individual SGA Presentations
• Revise SGA Investment Policy Procedures and
criteria to reflect these Guiding Principles
TDFP Discussion based upon these Guiding
Principles focused on definition of VOID, driven by
CVB in consultation with VBDA
13
14
21
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT
INCENTIVE PROGRAMS
ITEM #66259
(Continued)
Mayor Sessoms thanked Deputy City Smith for this informative presentation and for all of his hard work.
September 6, 2016
22
CITY MANAGER'S BRIEFINGS
ARENA UPDATE
ITEM #66260
4:00 P.M.
Deputy City Manager Smith advised City Council approved the execution of the Development Agreement
and the transfer of land in December 2015 to provide the Developer time to secure financing. At that
time, financing was going to be from a foreign lender. Due to some changes in the financial markets,
City Council approved the "concept " of a d ffererit Financial Plan to include "Bond Financing" with a
condition the City receive a Revenue Feasibility Report and an Inductive Rating Letter.from the Rating
Agency. Mr. Smith, along with Patti Phillips and Alex Stiles, spent "the better part of the day" reviewing
an appraisal fi-om CB Richard Ellis and the Revenue Feasibility Report, which is actually a Market and
Financial Feasibility Study.
The appraisal provided a good validation of USM's Pro -Forma. The appraisal also confirmed that
without returning the " But_for Taxes ", the revenues generated by the building and business itself do not
come close to justifying the development. Also they saw a "draft" of the Market and Financial
Feasibility Study by Johnson Consulting which validates the assumptions and projections of USM. Mr.
Smith advised the Inductive Rating letter is expected this week and, with that assumption in place, he
would provide a more detailed presentation. If the feeling is the information in the Inductive Rating letter
could drive additional negotiations, then next Tuesday could be scheduled as a "Special Formal
Meeting" to allow the City Council to go into Closed Session. Assuming everything is agreeable and
continues moving forward, a Public Hearing will be scheduled for September 20, 2016, for the transfer of
land and Amendments to the Development Agreement. The Development Authority would also needs to
vote to receive the land and issue bonds, conditioned upon the City Council's approval later that sante
day.
City Attorney Mark Stiles advised City Council was scheduled to discuss the Arena today during the
Closed Session; however, based on the information provided by Mr. Smith, there is no need for that
discussion to take place.
Mayor Sessoms thanked Deputy City Manager Smith for this informative presentation and for evervone 's
work on this project.
Mayor Sessoms recommended City Council take a five (5) minute break and reconvene at 4:12 P.M.
(BREAK 4: 07 P.M. — 4:12 P. M.)
September 6, 2016
23
CITY COUNCIL LIAISON REPORTS
ITEM #66261
4:12 P.M.
Council Lady Ross -Hammond provided the following updates for the Human Services Department:
The classes for "Bank On" will begin on September 6". To date, over 1,500 individuals have utilized
"Bank- On ".
Also, REVIVE training will be of on September 20`t'. To -date, over seventy (70) individuals received
training since the launch in April.
Lastly, the Community Services Board and Social Set -vices Advisory Board will be hosting a joint
Legislative Breakfast on September 15`x' at the TCC Student Center.
September 6, 2016
24
CITY COUNCIL LIAISON REPORTS
ITEM #66262
(Continued)
Council Lady Ross -Hammond provided the following updates for the Arts and Humanities Commission:
Barbara Lewis, a member of the Arts and Humanities Commission received her "brick" which is now
displayed in a path at the intersection of Commerce and Market Streets, in front of the Sandler Center.
Also, the Vision 2040 Committee presented a very informative program at the recent Arts and Humanities
Commission meeting.
September 6, 2016
25
CITY COUNCIL COMMENTS
ITEM #66263
4:13 P.M.
Councilman Dyer advised he will be hosting a Town Hall Meeting at Tallwood High School on
September 14, 2016, at 6:30 P.M. This will be an opportunity to provide update on developments
happening in Centerville, including a Brewery. As a result of the Brewery, Woods Corner is going to be
upgraded and possibly the first Royal Farms will be built in the area.
September 6, 2016
26
CITY COUNCIL COMMENTS
ITEM #66264
(Continued)
Councilman Moss would like to receive information on how well the steps the City took to improve flood
control performed during the storm this past weekend.
He would also like to receive a better assessment from the insurance industry providing what is actually
happening, what is over -and -above the Federal Subsidized Insurance Rate and the current Commercial
Rates. This would give the City insight when looking at which of the improvements make the most sense
,from a financial standpoint.
September 6, 2016
27
CITY COUNCIL COMMENTS
ITEM #66265
(Continued)
Council Lady Kane was pleasantly surprised when she drove ort South Plaza Trail to not see a lot of
water from the Storm.
September 6, 2016
2s
CITY COUNCIL COMMENTS
ITEM #66266
(Continued)
Council Lady Kane commended Global Outreach "GO" Church for their "community giving" efforts in
the City's "We Feed" prograin benefiting the children in the VBCPS. They collected almost 1,000
pounds offood.
September 6, 2016
29
CITY COUNCIL COMMENTS
ITEM #66267
(Continued)
Council Lady Kane advised the City Services Ad Hoc Committee continues to meet and will be coming
back in December with recommendations,for City Council.
September 6, 2016
30
CITY COUNCIL COMMENTS
ITEM #66268
(Continued)
Vice Mayor Jones stated with the recent storm, he was reminded of the Bay Beaches. He would like to
receive an update on where the City stands with the Virginia Marine Resources Commission regarding
any assistance on
./unding and any. funding available to address the issues.
September 6, 2016
31
CITY COUNCIL COMMENTS
ITEM #66269
(Continued)
Councilman Uhrin expressed his appreciation to the Manager and Staff for their hard work this past
weekend in keeping as marry of the planned events going forward and cleaning the beach up so quickly
after the storm.
September 6, 2016
32
CITY COUNCIL COMMENTS
ITEM #66270
(Continued)
Councilman Wood requested when an applicant completes the Disclosure Forms, Staff check for
completeness and legibility.
Council Lady Henley, along the same lines, requested the name of the City Staff signing documents be
typed under the signature so it is clear who signed a document should the question ever arise.
September 6, 2016
33
CITY COUNCIL COMMENTS
ITEM #66271
(Continued)
Council Lady Henley is aware the AIRBNB Committee is scheduled to meet; however, she advised the
situation influences her take on what is happening with neighborhoods. For example, there are two
applications for tonight that consider developing a neighborhood. There is a lot of difference in
developing sixteen (16) single family units and sixteen (16) single-family units that become "short-term
rentals ".
Council Ladv Ross -Hammond stated during the Hampton Roads Planning District Commission it was
discussed the AIRBNB needs to be determined by individual cities and not the Commonwealth.
September 6, 2016
34
CITY COUNCIL COMMENTS
ITEM #66272
(Continued)
Council Lady Ross -Hammond congratulated the Virginia Beach City Public School on the opening of the
Kempsville High School Entrepreneurship and Business Academy. The Opening Ceremony was attended
by Members of the School Board, the local business community and the program was entitled "What
would you do with an idea? " Each student received an egg to represent ideas.
September 6, 2016
35
CITY COUNCIL COMMENTS
ITEM #66273
(Continued)
Council Lady Ross -Hammond presented the Proclamation recognizing Africana Virginia Beach and Funk
Fest held August 26-28, 2016.
September 6, 2016
ADD ON
36
ITEM #66274
Chief Cervera advised the Police Department has $500,000 of Asset Forfeiture_firnds in a CIP for an
evidentiary/data storage program currently under construction. There were recent changes thru the
Asset Forfeiture Program and the Department of Justice notified the City the firnds cannot be held in a
CIP and Hurst be held in Asset Forfeiture. As the need presents, the City can draw_farnds out of the Asset
Forfeiture Fund. Therefore, the attached Ordinance was drafted for City Council's consideration.
September 6, 2016
1
2
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
AN ORDINANCE TO TRANSFER $339,365.25 FROM CIP
3-607 TO THE POLICE FEDERAL AND STATE SEIZED
ASSETS SPECIAL REVENUE FUND AND TO TRANSFER
$186,667.32 FROM CIP 3-201 TO THE OPERATING
BUDGET OF THE COMMONWEALTH ATTORNEY
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
1) $339,365.25 is hereby transferred from CIP 3-607, "CIT — Data Storage and
Management for Evidentiary Files," to the Police Federal and State Seized
Assets Special Revenue Fund to be held in the aforementioned Special Revenue
Fund until further direction is provided by the City Council; and
2) $186,667.32 is hereby transferred from CIP 3-201, "Commonwealth's Attorney
Build -out of Judicial Center," to the FY 2016-2017 Operating Budget of the
Commonwealth Attorney for the same purposes outlined in the scope of CIP 3-
201.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of .2016.
APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services t ney's Office
CA13819
R-1
September 6, 2016
37
AGENDA REVIEW SESSION
ITEM #66275
4:24 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
L ORDINANCES/RESOLUTIONS
Ordinance AUTHORIZING the City Manager to EXECUTE a lease with the Virginia
Beach Bar Association re space at 2425 Nimmo Parkway, known as the Judicial Center
2. Resolution AUTHORIZING and DIRECTING the City Manager to execute a
Memorandum of Agreement pertaining to the Hampton Roads Regional Groundwater
Mitigation Program
3. Resolution to AUTHORIZE establishment of Fast Track EMS LLC in Virginia Beach and
issue an annual permit providing private ambulance services
4. Resolution INCREASING the membership of the Online Home Sharing Economy Ad Hoc
Committee
5. Community Services Board Resolutions:
a. RATIFY Amendments to the CSB Bylaws
b. AUTHORIZE a contract between the Virginia Beach Community
Services Board and the Commonwealth of Virginia re Behavioral Health
and Developmental Services
6. Ordinance to AUTHORIZE temporary encroachments into portions of the City's right-of-
way, known as Pacific Avenue and 215` Street
7. Ordinance REALIGNING revenues and APPROPRIATIONS in the FY 2016-17
Operating Budget of the Department of Human Services
8. Ordinance to ACCEPT /APPROPRIATE:
a. $142,365 from the Virginia Department of Behavioral Health and
Development Set -vices within the Department of Harman Services for the
Early Intervention Infant Program
b. Grant frons the Edward Byrne Justice for Law Enforcement:
(1) Sheriff's Office $40,000
(2) Police Department $43,542
(3) Community Corrections and Pretrial $13,704
$86,400 Grant from the U. S. Homeland Securityfor the Fire Department
9. Ordinance to AMEND the Project Page for Capital Project re Energv Performance
Contracts Phase II (Schools) and to CHANGE the means offinance.
MAYOR SESSOMS WILL ABSTAIN ON ITEM #6
September 6, 2016
38
AGENDA REVIEW SESSION
ITEM #66275
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. ATLANTIC PALISADES CONDOMINIUM ASSOCIATION, INC; ARCSTONE, LLC;
SKYMARK, LLC; BL UESTONE HOLDINGS, LLC; and SUNSTAR ATLANTIC, LLC
Subdivision Variance to Section 4.1 (m) of the Subdivision Regulations at the Southwest
corner of 21" Street and Baltic Avenue DISTRICT 6 — BEACH
2. KYNDLE CA Y, LLC/KYNDLE CA Y, LLC/HIGHLAND PARISH COMMUNITY
ASSOCIATION, INC. Subdivision Variance to Section 4.4(b) of the Subdivision
Regulations at 2283 Salem Road DISTRICT 7 — PRINCESS ANNE
3. TURNING POINT CHURCH Modification of Conditions to a Conditional Use Permit to
ADD street frontage and landscaping at 2641 Princess Anne Road DISTRICT 7 —
PRINCESS ANNE
4. B and JLTD. OF VIRGINIA Conditional Change of Zoning from B -I Neighborhood
Business District to R-51? Residential District at Ocean View Avenue, West of Fentress Ave
re a single family dwelling DISTRICT 4 — BAYSIDE
5. BIRDNECK STORAGE 2, LLC Conditional Change of Zoning from R-10 Residential
District to Conditional I-1 Light Industrial District at 1044/1052/1054 Bells Road to
consolidate parcels and redevelop the site DISTRICT 6 — BEACH
6. DIRECT INDEPENDENCE GROUP, LLC Conditional Change of Zoning from O-2 Office
District to Conditional B-2 Community Business District at 449/457/465 Independence
Boulevard to consolidate parcels (Deferred July 12, 2016) DISTRICT 2 — KEMPSVILLE
7. CHERI Y. HUGHES / IRENE A. GALIOTOS TRUSTEE, ANTHONY S. GALIOTOS
REVOCABLE TRUST Conditional Use Permit re Tattoo Parlor in conjunction with a
beauty salon at 2955 Virginia Beach Boulevard DISTRICT 6 — BEACH
8. THOMAS WILDER / JUAN SUAREZ/ARCH DIXON/ JALALADIN
MANSOURZADEH Conditional Use Permit to expand Craft Brewery at 2505 Horse
Pasture Road DISTRICT 3 — ROSE HALL
9. JENNIFER G. HARRIS/ WAHOO LAND, LLC Conditional Use Permit re Specialty Shop
within the Historical District at 2397 Liberty Way DISTRICT 7 — PRINCESS ANNE
COUNCILMAN MOSS WILL VOTE NO ON ITEM #1
MAYOR SESSOMS WILL ABSTAIN ON ITEM #2
MAYOR SESSOMS WILL ABSTAIN ON ITEM #4
MAYOR SESSOMS WILL ABSTAIN ON ITEM #6
ITEM #8 WILL BE DEFERRED INDEFINITELY
September 6, 2016
39
ITEM#66276
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
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of' the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3711(A)(7).
• Dr. Allan L. Bergano et al. v. City of Virginia Beach et al.
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)(30)
Cavalier project
Price Street Apartments Project
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
• Appointee Performance Evaluations
September 6, 2016
40
ITEM#66276
(Continued)
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into
CLOSED SESSION at 4:30 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
4:30 P.M. - 5:40 P.M.
September 6, 2016
41
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
September6, 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, September 6, 2016, at 6: 00 P.M.
Council Members Present:
M. Benjamin Davenport, , 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:
Robert M. Dyer left after Closed Session - ill
INVOCATION: Pastor Thomas Powell
Calvary Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED he is retired from Towne Batik (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 Wright arise if he unknowingly participates in a matter before City Council in which TowneBank has
an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services
Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter
and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to
thoroughly review each City Council agenda to identify any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal
interest ", as defined by the Act, he will either abstain front voting, or file the appropriate disclosure letter
with the City Clerk to be included in the off tial records of City Council. Mayor Sessoms ' letter of
January 13, 2015, is hereby made a part of the record.
September 6, 2016
42
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 ict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire
Hathaway Home Services Town Realty ("Berkshire Hathaway ), which was formerly known as
Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of
transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda_for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 13, 2015, is hereby made apart of the record.
Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes
Goodman and receives incorne frons 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 as 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 apart of the record.
September 6, 2016
Item —VII -E
CERTIFICATION
43
ITEM #66277
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE INA CCORDANCE 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.- 10-0
Council Members Voting Aye.-
M.
ye:
M. Bei Jamin Davenport, 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:
Robert M. Dyer
September 6, 2016
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 #66276 Page 39 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.
_yedth Hodges Fraser, MMC
City Clerk
September 6, 2016
Item -VII-F
MINUTES
44
ITEM #66278
Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 16, 2016.
Voting: 10-0
Council Members Voting Ave.
M Benjamin Davenport, 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.-
Robert
bsent:
Robert M. Dver
September 6, 2016
45
ADD ON
ORDINANCE/RESOLUTION ITEM #66279
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADDED Ordinance
to TRANSFER $339,365.25 to Police Federal and State Seized Assets Special Revenue Fund and
$186,667.32 to the operating budget of the Commonwealth Attorney
Voting: 10-0
Council Members Voting Aye.
M. Benjamin Davenport, 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:
Robert M. Dyer
September 6, 2016
46
ADOPTAGENDA
FOR FORMAL SESSION ITEM #66280
BY CONSENSUS, City Council ADDED and Ordinance and ADOPTED:
AGENDA FOR THE FORMAL SESSION
September 6, 2016
Item - VII -1. I
PUBLIC HEARINGS
47
ITEM #66281
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY PROPERTY at 2425 NIMMO PARKWAY, BUILDING 10
Virginia Beach Bar Association
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
September 6, 2016
Item - VII -L2
PUBLIC HEARINGS
48
ITEM #66282
Mayor Sessoms DECLARED A PUBLIC HEARING:
ALLOCATION of the BYRNE MEMORIAL JUSTICE ASSISTANCE GRANTS TO:
a. Sheriffs Office $40,000
b. Police Department $43,542
c. Community Corrections and Pretrial $13,704
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
September 6, 2016
Item - VII -I
ORDINANCES/RESOLUTIONS
49
ITEM #66283
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, BY
CONSENT: Agenda Items 1, 2, 3, 4, 5a/b, 6(MAYOR SESSOMS ABSTAINED), 7, 8a/b(1/2/3)/c, 9
and 10 (ADDED).
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, 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:
Robert M. Dyer
September 6, 2016
Item -VII-I.l
ORDINANCES/RESOLUTIONS
50
ITEM #66284
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Ordinance AUTHORIZING the City Manager to EXECUTE a lease with the Virginia
Beach Bar- Association re space at 2425 Nimmo Par",ay, known as the Judicial Center
Voting: 10-0
Council Members Voting Aye.-
M.
ye:
M. Benjamin Davenport, 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.-
Robert
bsent:
Robert M. Dyer
September 6, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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31
32
33
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE FOR UP TO
FIVE (5) YEARS WITH THE VIRGINIA BEACH BAR
ASSOCIATION FOR USE OF APPROXIMATELY 215
SQUARE FEET OF SPACE LOCATED AT 2425
NIMMO PARKWAY, BUILDING 10, KNOWN AS THE
JUDICIAL CENTER
WHEREAS, the City of Virginia Beach (the "City") is the owner of the building
located at 2425 Nimmo Parkway, Building 10, in Virginia Beach, Virginia (the "Judicial
Center");
WHEREAS, the Virginia Beach Bar Association ("VBBA") would like to enter into
a lease with the City for approximately 215 square feet on the ground floor of the
Judicial Center (the "Premises");
WHEREAS, the Premises will be utilized for general office activities and for no
other purpose; and
WHEREAS, VBBA has agreed to pay the City an initial rental rate of $2,956.47
per year for the use of the Premises.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for up to 5 years
between VBBA and the City for the Premises, in accordance with the Summary of
Terms attached hereto as Exhibit A and made a part hereof, and such other terms,
conditions or modifications as may be acceptable to the City Manager and in a form
deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of
September2016.
APPROVED AS TO CONTENT
Public W&ks/Facilit Lds Management
WTIVITITIR
R-1
August 26, 2016
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
' ' Z( -?,fit, I
City Attorney
SUMMARY OF TERMS
LEASE FOR 215 SQUARE FEET OF SPACE
LOCATED AT 2425 NIMMO PARKWAY, BUILDING 10
KNOWN AS THE JUDICIAL CENTER
LESSOR: City of Virginia Beach
LESSEE: Virginia Beach Bar Association
PREMISES: 215 square feet of space located on the ground floor of
2425 Nimmo Parkway, Building 10, known as the
Judicial Center
RENT: Initial Term — July 1, 2016 — June 30, 2017 - $2,956.47
(plus 3% annual escalation)
Renewal Term 1 — July 1, 2017 — June 30, 2018 - $3,045.16
Renewal Term 2 — July 1, 2018 — June 30, 2019 - $3,136.52
Renewal Term 3 — July 1, 2019 — June 30, 2020 - $3,230.61
Renewal Term 4 — July 1, 2020 — June 30, 2021 - $3,327.53
RIGHTS AND RESPONSIBILITIES OF LESSEE:
Use Premises for general office activities and for no other purpose.
• Keep all equipment and improvements placed upon premises in a safe, clean
and orderly condition.
Purchase and maintain insurance acceptable to City's Risk Manager.
RIGHTS AND RESPONSIBILITIES OF CITY:
May enter upon the Premises, without written prior notice, after it has been
determined that an emergency exists.
• Lease is subject to continuation of judicial approval as required under Va.
Code §15.2-1640.
TERMINATION:
• City may terminate by giving sixty (60) days' advance written notice, or
pursuant to rescission of judicial approval as required by Va. Code §15.2-
1640.
Item - VII -L2
ORDINANCES/RESOLUTIONS
51
ITEM #66285
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Resolution AUTHORIZING and DIRECTING the City Manager to execute a Memorandum
of Agreement pertaining to the Hampton Roads Regional Groundwater Mitigation Program
Voting.- 10-0
Council Members Voting Aye:
M. Benjamin Davenport, 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:
Robert M. Dyer
September 6, 2016
1 A RESOLUTION AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY
3 OF VIRGINIA BEACH A MEMORANDUM OF AGREEMENT
4 PERTAINING TO THE HAMPTON ROADS REGIONAL
5 GROUNDWATER MITIGATION PROGRAM
6
7
8 WHEREAS, in August 1994, the Hampton Roads Planning District Commission
9 and its fifteen (15) member jurisdictions entered into an agreement establishing the
10 Regional Groundwater Mitigation Program (the "Program"); and
11 WHEREAS, the City of Virginia Beach has been a participant in the Program
12 since its inception; and
13 WHEREAS, the agreement has expired and must be renewed in order for the
14 Program to continue; and
15 WHEREAS, the purposes of the Program are to provide a mechanism by which
16 persons whose groundwater wells are adversely affected by drawdowns associated with
17 the operation of a public water supply system may seek mitigation of losses caused by
18 such drawdown and to establish an administrative framework used by local
19 governments in Hampton Roads to obtain technical analysis of requests by private
20 groundwater well owners for mitigation; and
21 WHEREAS, since its inception, the Program has been successful in
22 accomplishing its purposes; and
23 WHEREAS, it is in the best interests of the City and its groundwater well owners,
24 as well as the other participating localities and their respective groundwater well
25 owners, to continue the City's participation in the Program;
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28 That the City Manager is hereby authorized and directed to execute, on behalf of
29 the City, the Regional Ground Water Mitigation Program Administration Memorandum of
30 Agreement, a summary of the material terms of which is hereto attached and a copy of
31 which is on file in the City Clerk's Office.
32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day
September
33 of 2016.
CA1 3802
R-1
August 16, 2016
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office ---4-
01)
REGIONAL GROUND WATER MITIGATION PROGRAM ADMINISTRATION
MEMORANDUM OF AGREEMENT
SUMMARY OF MATERIAL TERMS
PURPOSE: Renew an agreement that establishes a process by which local
governments in Hampton Roads may obtain technical analyses related to
requests by private well owners for groundwater mitigation payments in
cases of well failures allegedly caused by pumping of groundwater wells
by localities
Provide a process for handling claims that localities' groundwater withdrawals
have caused private well failures
PARTIES: Cities: Chesapeake, Franklin, Hampton, Newport News, Norfolk,
Poquoson Portsmouth, Suffolk, Virginia Beach, Williamsburg
Counties: Gloucester, Isle of Wight, James City, Southampton, Surry,
York
Other: Hampton Roads Planning District Commission (HRPDC); James
City Service Authority
TERM: Five (5) years (through December 31, 2020).
COSTS: Program costs allocated on a pro -rata basis among the local
governments. Base allocation of $3,000 per local government, with
balance of annual costs allocated according to the local share of regional
population; Virginia Beach share is 21 %. The City's cost in FY 2017 would
be about $38,000, subject to annual appropriation.
DUTIES: HRPDC:
• Conduct technical analyses of the impacts of groundwater
withdrawals upon request of local governments to determine
impacts of a ground water withdrawal.
• Develop recommendations for allocation of mitigation responsibilities
among the local governments. Provide reports documenting the results of
technical analyses to all signatory local governments, and to any
mitigation panels that are convened.
• Provide other technical support to the signatory local governments for
other ground water analyses.
Localities:
• Serve as point of contact for aggrieved parties. Request mitigation
analyses from HRPDC following receipt of a claim, and provide
available relevant data to the HRPDC for use in analyses of mitigation
claims.
• Provide timely technical review of the HRPDC analyses and
conclusions.
• Establish the appropriate mitigation panels, in accordance with local
mitigation plans, to hear appeals of initial mitigation responsibility
determinations.
REGIONAL GROUNDWATER MITIGATION PROGRAM ADMINISTRATION
MEMORANDUM OF AGREEMENT
WHEREAS, Section 15.2-1300 of the Code of Virginia enables local governments to
enter into cooperative agreements to exercise those powers that each may be enabled to
exercise, including conducting technical analyses to support such activities; and
WHEREAS, Section 15.2-4200 of the Code of Virginia enables local governments to
establish Planning District Commissions; and
WHEREAS, the cities and counties that are signatories to this Agreement have
acted, in accordance with Section 15.2-4200 of the Code of Virginia to establish the
Hampton Roads Planning District Commission; and
WHEREAS, several Towns in the Hampton Roads region operate groundwater
based water supply systems and
WHEREAS, the Hampton Roads Planning District Commission has been requested
and has undertaken various studies to support local government water supply
development, including groundwater resource management efforts; and
WHEREAS, on behalf of the signatory parties, the Hampton Roads Planning District
Commission, has contracted with the U.S. Geological Survey to complete various technical
analyses of the region's groundwater resources, including the following efforts:
• Development of a methodology for allocating responsibilities for groundwater
impacts, as documented in Michael J. Focazio and Gary K. Speiran, Estimating
Net Drawdown for Episodic Withdrawals at Six Well Fields in the Virginia Coastal
Plain Aquifers, U.S. Geological Survey, Water Resources Investigations Report
No. 93-4159,1992;
Refined description of the aquifer system of the Virginia Coastal Plain and a
hydrogeologic framework for groundwater investigation, as documented in E.
Randolph McFarland and T. Scott Bruce, The Virginia Coastal Plain
Hydroaeologic Framework, U.S. Geological Survey, Professional Paper 1731,
2006; and
Development of the Virginia Coastal Plain Groundwater Model to provide a better
tool to understand the groundwater resource through simulation of groundwater
withdrawals, drought, and saltwater intrusion, as documented in Charles E.
Heywood and Jason P. Pope, Simulation of Groundwater Flow in the Coastal
Plain Aquifer System of Virginia, U.S. Geological Survey, Scientific Investigations
Report 2009-5039, 2009.
WHEREAS, the signatory parties have requested the Hampton Roads Planning
District Commission to administer a Regional Groundwater Mitigation Program, on their
behalf; and
WHEREAS, on August 11, 1994, the signatory parties entered into the Groundwater
Mitigation Program Administration Agreement; and
WHEREAS, on May 31, 2000, July 5, 2006, and March 18, 2010, the signatory
parties extended the Groundwater Mitigation Program Administration Agreement; and
WHEREAS, in accordance with the provisions of the August 11, 1994 Agreement, as
extended on May 31, 2000, July 5, 2006, and March 18, 2010, the signatory parties have
evaluated the Groundwater Mitigation Program and determined that the Program should be
continued;
NOW THEREFORE, the signatory parties enter into the following Agreement.
This Memorandum of Agreement, entered into this 21 st day of July, 2016 among and
between fifteen local governments in Hampton Roads, the James City Service Authority,
and the Hampton Roads Planning District Commission, establishes and extends the
Regional Groundwater Mitigation Program. It outlines the roles and responsibilities of each
entity in administering and funding the Regional Groundwater Mitigation Program.
BASIC PREMISES
Some local governments in Hampton Roads operate public water supply
wells inside and/or outside of their incorporated boundaries.
2. All local governments in Hampton Roads are interested in ensuring that
groundwater drawdown associated with the operation of public water supply
wells does not adversely impact the private wells of their citizens.
3. In the case where operation of a public water supply well causes or
contributes to groundwater drawdown that renders a well unusable, then
mitigation of damages attributable to that drawdown may be sought by the
well owner in accordance with local mitigation plans and agreements.
4. This Agreement establishes the administrative framework, which will be used
by the signatory parties to obtain technical analysis of requests for mitigation
by private well owners or other local governments in Hampton Roads.
Financial issues related to these requests are governed by existing
interjurisdictional agreements and state -approved Groundwater Mitigation
Plans that are separate and distinct from this Agreement.
5. This Agreement will have a term of five years, extending from January 1,
2016 through December 31, 2020. To conform to local government charter
and Virginia Code requirements, the funding provisions of this Agreement will
be subject to annual renewal.
2
6. Program costs will be allocated on a pro -rata basis among the signatory
parties. The annual base buy -in per city or county will be determined each
year as part of the HRPDC Directors of Utilities Committee budget planning
process. The balance of annual costs will be allocated according to the local
share of regional population. The most current estimate of population,
developed by the Weldon Cooper Center for Public Service, will be used as
the population base for allocating program costs. Local contributions may be
escalated annually to reflect program experience and projected HRPDC
expenditures. Future private sector and non -Hampton Roads local
government participation may provide financial support to the program
according to a yet -to -be -determined formula, which will reflect annual
program costs. The funding formula will be evaluated on a regular basis by
the HRPDC Directors of Utilities Committee and may be adjusted to ensure
its continued equitability.
HRPDC RESPONSIBILITIES
Under the terms of this Agreement, the Hampton Roads Planning District
Commission is responsible for the following:
1. Conduct technical analyses of the impacts of groundwater withdrawals.
2. Respond equitably and in a timely fashion to requests from all signatory
parties for analyses of the impacts of groundwater withdrawals. The time
frame for responses will be based on experience and the complexity of
individual cases.
3. Develop a technical guidance document to determine the allocation of impact
mitigation responsibilities among the signatory parties. From 1994 to 2015,
this determination was based on application of the superpositioning
methodology developed by the U.S. Geological Survey for the Hampton
Roads Planning District Commission. The methodology is described in
Michael J. Focazio and Gary K. Speiran, Estimating Net Drawdown for
Episodic Withdrawals at Six Well fields in the Virginia Coastal Plain Aquifers,
U.S. Geological Survey, Water Resources Investigation Report No. 93-4159,
1992. Beginning in 2016 or as soon as practicable, the HRPDC staff will
apply an analysis approach using the U.S. Geological Survey Virginia
Coastal Plain Groundwater Model. The HRPDC technical guidance document
will be updated to address the use of the model and future model updates.
4. Provide report(s) documenting the results of the HRPDC technical
analysis(es) to all signatory parties.
3
5. In any case where an aggrieved party appeals a local government mitigation
determination, provide the HRPDC analysis to the mitigation panel,
established under the local government's mitigation plan. However, the
HRPDC will not serve as a member of the mitigation panel.
6. Provide other technical support, as requested, to the signatory parties for
other groundwater analyses, including support for development of local
groundwater withdrawal permit applications and review of other proposed
groundwater withdrawals which may impact on groundwater resources in the
Hampton Roads region.
7. On request, provide technical staff support, at cost, to signatory parties for
data collection (field work), required by that signatory party's permit or
mitigation plan, approved by the Virginia Department of Environmental
Quality (State Water Control Board).
8. Take steps, in conjunction with the signatory parties, to involve private sector
groundwater users in the Regional Groundwater Mitigation Program.
Administrative procedures and financial arrangements for private sector and
non -Hampton Roads local government participation will be developed in the
future, but will reflect the actual cost of the work.
LOCAL GOVERNMENT RESPONSIBILITIES
Under the terms of this Agreement, the signatory parties are responsible for the
following:
1. Serve as the initial point of contact for aggrieved parties. Request mitigation
analysis(es) from HRPDC in a timely fashion following receipt of a claim.
2. Provide any locally-generated/collected data on groundwater conditions and
well construction that may be useful to HRPDC technical analysis(es).
3. Provide, in a timely fashion, all technical supporting data required by
Mitigation Plans, approved by the Virginia Department of Environmental
Quality (State Water Control Board) as elements of Groundwater Withdrawal
Permits, to the HRPDC for use in analyses of mitigation claims.
4. Provide timely technical review of the HRPDC analysis(es) and conclusions.
5. Support HRPDC efforts to expand the mitigation program to cover all
groundwater uses.
6. Establish the appropriate mitigation panels, in accordance with local
mitigation plans, to hear appeals of initial mitigation responsibility
determinations.
4
PROCEDURE FOR REQUESTING MITIGATION ANALYSES
Under this Memorandum of Agreement, the following process will be followed to
request HRPDC technical support to address mitigation claims.
Aggrieved party contacts the locality of residence.
2. The local government contacts the HRPDC and requests that an impact
analysis be conducted. In addition, any signatory parties may request that an
impact analysis be undertaken.
3. The HRPDC conducts the analysis, as requested, and advises all signatory
parties of the results of the technical analysis(es).
4. This procedure may be modified from time to time with the concurrence of all
signatory parties, as represented by the HRPDC Directors of Utilities
Committee, in order to improve the efficiency of the mitigation process.
SIGNATORIES
This Memorandum of Agreement will be executed by the Chief Administrative Officer
of each participating local government or service authority and by the Executive Director of
the HRPDC. Individual signatory pages are included for each participating locality.
CITY OF CHESAPEAKE
CITY OF FRANKLIN
CITY OF HAMPTON
CITY OF NEWPORT NEWS
CITY OF NORFOLK
CITY OF POQUOSON
CITY OF PORTSMOUTH
CITY OF SUFFOLK
CITY OF VIRGINIA BEACH
CITY OF WILLIAMSBURG
COUNTY OF GLOUCESTER
COUNTY OF ISLE OF WIGHT
COUNTY OF SOUTHAMPTON
COUNTY OF YORK
JAMES CITY SERVICE AUTHORITY
TOWN OF SMITHFIELD
HAMPTON ROADS PLANING DISTRICT COMMISSION
11
IN WITNESS THEREOF, the Chief Administrative Officer of the local governments
and service authority and the Executive Director of the Hampton Roads Planning District
Commission hereby execute this Agreement.
CITY OF VIRGINIA BEACH
M
DAVE L. HANSEN, CITY MANAGER
Date:
Date:
Attest:
Item -VII-I.3
ORDINANCES/RESOLUTIONS
52
ITEM #66286
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Resolution to AUTHORIZE establishment of Fast Track EMS LLC in Virginia Beach and
issue an anrrttal permit providing private ambulance services
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, 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:
Robert M. Dyer
September 6, 2016
1 A RESOLUTION TO APPROVE ESTABLISHMENT OF FAST
2 TRACK EMS LLC IN VIRGINIA BEACH AND TO APPROVE
3 AN ANNUAL EMS PERMIT FOR PROVIDING PRIVATE
4 AMBULANCE SERVICES
5
6 WHEREAS, in accordance with Code of Virginia § 15.2-955, City Council must
7 approve the establishment of an emergency medical service organization in the City of
8 Virginia Beach; and
9
10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code §
11 10.5-2 , any individual or organization that desires to operate an emergency medical
12 services agency or emergency medical services vehicles in Virginia Beach for emergency
13 transport or non -emergency transport purposes must apply for a permit; and
14
15 WHEREAS, a request for establishment and an application for a permit has been
16 received from Fast Track EMS LLC; and
17
18 WHEREAS, the request and application has been recommended for approval by the
19 Virginia Beach Department of Emergency Medical Services; and
20
21 WHEREAS, City Council finds the approval of this request and application is in the
22 best interests of the citizens of Virginia Beach as it will assure continued and adequate
23 emergency services and will preserve, protect and promote the public health, safety and
24 general welfare of the citizens.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 That the request of Fast Track EMS LLC for the establishment of its emergency
30 medical service in the City of Virginia Beach, and its application for an EMS permit for
31 providing private EMS ambulance services in the City of Virginia Beach is hereby approved
32 and granted, effective immediately and until June 30, 2017.
33
34 Septogted by the Council of the City of Virginia Beach, Virginia, on the 6th
Am day of
35 2016.
APPROVED AS TO CONTENT:
Emergency Medical Services
CA13801
R-1
August 15, 2016
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office..=
Item -VII-L4
ORDINANCES/RESOLUTIONS
53
ITEM #66287
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Resolution INCREASING the membership of the Online Home Sharing Economy Ad Hoc
Committee
Voting. 10-0
Council Members Voting Aye:
M. Benjamin Davenport, 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:
Robert M, Dyer
September 6, 2016
REQUESTED BY CITY COUNCIL
1 A RESOLUTION REGARDING THE MEMBERSHIP
2 OF THE ONLINE HOME SHARING ECONOMY AD
3 HOC COMMITTEE
4
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That the Online Home Sharing Economy Ad Hoc Committee shall consist of up
9 to fourteen persons.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day
of September 2016.
APPROVED AS TO LEGAL
SUFFICIENCY:
s n
City Attorney's Office-,"
CA13813
R-1
August 24, 2016
Item -VII-I.Sa
ORDINANCES/RESOLUTIONS
54
ITEM #66288
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Community Sen ices Board Resolutions:
a. RATIFY Amendments to the CSB Bylaws
Voting.• 10-0
Council Members Voting Aye.
M Benjamin Davenport, Barbara M. Henley, Vice Mayor Lours 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:
Robert M Dyer
September 6, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
A RESOLUTION TO RATIFY RECENT AMENDMENTS TO
THE BYLAWS OF THE COMMUNITY SERVICES BOARD
WHEREAS, the Community Services Board recently completed a comprehensive
review of its bylaws;
WHEREAS, after considering the proposed changes, during its June 30, 2106
meeting, the Board approved several amendments to its bylaws;
WHEREAS, the Board's bylaws provide that amendments to the bylaws must be
reviewed and ratified by City Council; and
WHEREAS, the City Council has reviewed the recommended amendments to the
bylaws of the Community Services Board and finds them to be acceptable.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby ratifies the amendments to the bylaws of the
Community Services Board, as approved by the Board, and attached hereto as Exhibit
„A„
5A04PY the OCo6uncil of the City of Virginia Beach, Virginia, on the6th , day
of
APPRG(1/FD AS TO CONTENT]
Community Services Board
CA13401
R-2
August 23, 2016
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office `—
Virginia Beach Community Services Board
The name of this Board shall be the Virginia Beach Community Services Board,
hereinafter referred to as the"Board."
The purpose of this Board shall be to act as an administrative policy community
services board and as the agent of the City of Virginia Beach, Virginia in the establishment
and operation of G -community M -mental H health, developmental, and
Ssubstance A -abuse pregFam6 services as provided for in GhapteF6 10 and 11 ef Title 37.1
Title 37.2 of the Code of Virginia. The Board shall serve as the single point of entry into
publicly funded mental health, developmental, and substance abuse services in Virginia
Beach.
ARTICLE III - MEMBERSHIP AND TRAINING
Section 1. The membership of the Board shall consist of net no less than six and nof
no more than eighteen peFsens appFeved and members appointed by the City Council of the
City of Virginia Beach, Virginia, hereinafter referred to as the "City Council." Prior to making
appointments, City Council will disclose the names of those persons being considered for
appointment. The membership mall will -be as broadly representative as possible of all lay and
of the community. One-third of the appointments to the Board shall be
individuals who are receiving or who have received services or
family members of individuals who are receiving or who have received services, at least one of
whom shall be an individual receiving services. No employee of the Board or employee or board
member of an organization that receives funding from any community services board may be
appointed a member of the Board. Members shall will be appointed in accordance with Virginia
Code § SeGtiGR 37.1 195 Gf GhapteF 10 ef Title 37.1 of the 37.2-501. Code Of VwFf.
Section 2. The term of membership will be for three years from January 1 of the
year of appointment. No person will be eligible to serve more than three full terms;
however, a person first appointed to fill an unexpired term may serve three additional full
three-year terms. However, after a one-year period has elapsed since the end of the
member's last three-year term, the City Council may reappoint that member.
1
Section 3. Board member vacancies will be filled for unexpired terms in the same
manner as original appointments.
Section 4. Any Board member may be removed by City Council for cause after being
given a written statement of the causes and an opportunity to be heard thereon.
Section 5. Board members will receive training on their legal, fiduciary, regulatory,
policy, and programmatic powers and responsibilities and an overview of the Performance
Contract within one month of their appointment.
ARTICLE IV - POWERS AND DUTIES
The Board, as an administrative policy board and agent, of the City of Virginia
Beach, shall be subject to the laws and regulations relating to sUGh City agencies E)f tha
geveMmepA-and shall have the general powers, duties and responsibilities of a Board as
outlined in Ti+'�T Virginia Code § 37.2-504.
shall be:
W 1. Review and evaluate public and private community
mental health, mental FetaFdation developmental, and substance abuse services and facilities
that receive
funds from it thr^�pgh the Board and advise the City Council as to its findings.
(b) 2. Pursuant to Virginia Code § 37.2-508, Submi submit to the City Council a
performance contract for community mental health, mental FetaFdatien
developmental, and substance abuse services and faGditi for its approval prior to
submission of the contract to the Department of Behavioral Health and Developmental
Services (hereinafter referred to as the "DBHDS").
(s) 3. Within amounts appropriated therefeF, exeGute--saGh prvgramc and "'mato?n
for this purpose, provide
services authorized under the performance contract.
(d) 4. In accordance with its approved pFegFam performance contract, enter into
contracts with other providers for the delivery of services orfaGilities
operations of facilities.
(e) 5.
Make policies or regulations concerning the delivery of
services and operation of facilities under its direction or supervision, subject to applicable
policies and regulations adopted by the Board.
(f) 6. Participate with the City in the appointment and annual performance evaluation
of an executive director of community mental health, FneRta' FetaFdatien developmental, and
substance abuse services who meets the minimum qualifications established by the
DBHDS, and prescribe the director's duties. ,
"DMHMRSAS". The compensation of the executive director shall be fixed by the City
Council in consultation with the Board within the amounts made available by appropriation
0A
therefe for this purpose
(M 7. Prescribe a reasonable schedule of fees for services provided by personnel or
facilities under the jurisdiction or supervision of the Board and relleGtien of the GaFne;
fees shall be used GRIY fGF GOMMURity meRtal health, mental FetaFdatien and sub6taRGe
abuse puFpe6e6. The BeaFd shall iRstitute a FeimbuF6emeRt system to maximize the
and establish procedures for the
collection of those fees. All fees collected shall be included in the performance contract
submitted to the City Council and shall be used only for community mental health,
developmental, and substance abuse services purposes. The Board shall institute a
reimbursement system to maximize the collection of fees from individuals receiving
services under its jurisdiction or supervision, consistent with the provisions of Virginia
Code § 37.2-511, and from responsible third party payors. The Board shall not attempt to
bill or collect fees for time spent participating in commitment hearings for involuntary
admissions pursuant to Article 5 (Section 37.2-814 et seq.) of Chapter 8 of the Code of
Virginia.
8. Accept or refuse gifts, donations, bequests, or grants of money or property from any
source and utilize them as authorized by the City Council.
N 9. Seek and accept funds through federal grants.
In accepting federal grants, the Board shall not bind
the City Council to any expenditures or conditions of acceptance without the prior approval
of the City Council.
{4 10. Have authGFity, Ret Notwithstanding any provision of law to the contrary, t6
disburse funds appropriated to it in accordance with such regulations as may be
established by the City Council.
4) 11. Apply for and accept loans as authorized by the City Council.
412. Develop joint annual written agreements, consistent with policies a -Rd
Abuse SeFViGes Be adopted by the Board, with local school divisions; health
departments; boards of social services; housing agencies, where they exist; courts, sheriffs;
area agencies on aging; and regional depaFtFnents of Fehabilitative seFViGes offices of the
Department for Aging and Rehabilitative Services. The agreements shall specify what the
services w+fl to be provided to eeaaus individuals. All participating agencies shall
develop and implement the agreements and shall review the agreements annually.
13. Develop and submit to the DBHDS the necessary information for the preparation
of the Comprehensive State Plan for Behavioral Health and Developmental Services
3
pursuant to Virginia Code § 37.2-315.
14. Take all necessary and appropriate actions to maximize the involvement and
participation of individuals receiving services and family members of individuals receiving
services in policy formulation and services planning, delivery, and evaluation.
15. Institute, singly or in combination with other community services boards or behavioral
health authorities, a dispute resolution mechanism that is approved by the DBHDS and enables
individuals receiving services and family members of individuals receiving services to resolve
concerns, issues, or disagreements about services without adversely affecting their access to or
receipt of appropriate types and amounts of current or future services from the Board.
16. Notwithstanding the provisions of Virginia Code § 37.2-400 or any regulations
adopted thereunder, release data and information about each individual receiving services to
the DBHDS so long as the DBHDS implements procedures to protect the confidentiality of that
data and information.
{x}17. Carry out other duties and responsibilities as
eRurneFater1 in Ce^+ion 37.1 197 of+he Gede efVmFq assigned by the City
Council.
18. Comply with all applicable laws and regulations, including but not limited to
the Virginia Freedom of Information Act and the Virginia State and Local Government
Conflict of Interests Act.
ARTICLE V - APPROVAL OF PROPOSED PERFORMANCE CONTRACT FOR MENTAL
HEALTH, DEVELOPMENTAL AND SUBSTANCE ABUSE SERVICES
Pursuant to Virginia Code § 37.2-508,
N�rnini the (moi+ i of Virginia BeMoh haviR L established the Board
1a--vr.- ... TTuvTr-`.cJ cc+
abuse se ' Wam6,
may apply for State assistance by submitting annually to the
DMHMR DBHDS the City's
substaRGe abuse proposed performance contract for the next fiscal year once the
performance contract has been (1) approved by the Board and (2) approved by a vote of
the City Council._ The
Board shall make the proposed performance contract will be available for public review
and solicit public comment for a period of Wifty 30 days prior to the Board's approval and
subsequent submission to the City Council for approval. submitting it femme
ARTI LE VI - OFFICERS OF THE BOARD AND THEIR DUTIES
Section 1. The officers of the Board shall consist of a Chair, Vice -Chair, and
Rd Tre uFer w h��h�II h���to�_+� d + +h D ho ting of the BoaFd and
Secretary. ^ . �•
Section 2. The duties of the Chair shall be:
(a) To preside at all meetings of the full Board and Executive Committee.,
(b) To appeiat establish ad hoc committees and appoint members and name chairs to all
committees (excluding the Nominating Committee), as
deemed necessary for the operation of the Board. The FiRaRGe Committee FnembeFG will be
(c) To work closely with the Executive Director of the Community Services Board and
the City Manager.
(d) To perform any other duties determined by the Board in furtherance of
Community Services.
(e) To ensure that all federal, state and local governments are informed as to the
activities of the Board as requested and appropriate.
(f) To collaborate with the Executive Director or his/her staff to ensure all meeting
minutes are disseminated to Board members and there is Board compliance with the Virginia
Freedom of Information Act.
(g) To be responsible for the integrity of the Board's process and make decisions about
Board process and delegation as provided by these By -Laws.
(h) To be responsible for implementation of City Code § 2-3.1(a) of the City of Virginia
Beach as it relates to Board member attendance requirements.
(i) To serve as ex -officio member of all committees except the Executive Committee and
the Nominating Committee. The Chair shall have no authority over the committees in which the
Chair is attending as an ex officio member.
Section 3. The Vice -Chair shall, in the absence of the Chair, perform the dutiesof
the Chair and any other duties assigned by the Board orthe Chair.
Section 4. The duties of the Secretary shall be:
he GhaiF and the \/iv iGe Chas .
(a) To ensure the accuracy, integrity and maintenance of Board documents including
records of all meetings of the Board and Executive Committee and a copy of the Board's By-
laws, policy manual, and new Board member orientation notebook.
(b) To (1) ensure that any closed meeting is held in accordance with the Virginia
Freedom of Information Act, including the requirements for a motion that (i) identifies the subject
matter, (ii) states the purpose of the meeting, and (iii) makes specific reference to the applicable
exemption from open meeting requirements provided in Virginia Code §§ 2.2-3707 or - 3711(A);
and (2) ensure that at the conclusion of any closed meeting, the Board immediately reconvenes
in an open meeting and takes a roll call or other recorded vote to be included in the Board's
minutes certifying that to the best of each Board member's knowledge, (i) only public business
5
matters lawfully exempted from open meeting requirements under the Act and (ii) only such
public business matters as were identified in the motion by which the closed meeting was
convened were heard, discussed or considered during the closed meeting.
(c) To perform duties of the Chair in the absence of the Chair and the Vice -Chair.
3 MIUM11•
Section 1
Gff*GeF6 at its Neve., beF moo+,ng A Nominating Committee in accordance with Article IX,
Section 2, shall recommend a slate of officers at the Board's meeting one month prior to its
election month. Other nominations shall be accepted from any Board member at the time
the slate is presented.
Section 2. The Board shall elect its officers at the November or December Board
meeting, whichever month is the Board's last meeting of the calendar year. A quorum must be
present for voting and a vote of two-thirds of members present is required to elect an officer.
Section 23. The term of office shall be for one year commencing on the first day of
the calendar year or until a successor is elected. No officer may serve more than three
consecutive terms in the same office. The eieGt*E) rshall be by ballet if there *c m�r�
Section 3 4. Any vacancy occurring in the officers of the Board, regardless of the
cause, shall be filled by the Board within 60 days of the vacancy. A quorum must be present
for voting and a vote of two-thirds of members present is required. Duration of such
appointments shall be limited to the unexpired term of office.
Section 5. Officers shall serve at the pleasure of the Board and may be removed
after prior notice by a vote of two-thirds of members present at any regular meeting of the
Board. An officer may resign at any time by giving written notice to the Board or the Board
Chair. Any such resignation shall take effect on the date of the receipt of such notice or at
any later time as specified in the note.
ARTICLE VIII -MEETINGS AND ATTENDANCE
Section 1. The Board shall adopt an annual meeting schedule that reflects, at a
minimum, the frequency of meetings required by the Performance Contract. The -reguIar
menthly meetings Board meetings shall be held at a time and place to be determined by the
Board and pursuant to the requirements of the Virginia Freedom of Information Act. if the
Board Gheeses The Board may vote to cancel a FegulaF Fne scheduled meeting
formal vote will be taken and adequate publiG RGtiGe wil! be given. or the Board's Chair, in
consultation with the Executive Director, may cancel a scheduled meeting. Public notice will
0
be given of the cancellation of any Board meeting
Section 2. Special meetings of the Board may be called by the Chair or upon written
request of three members.
Section 3. The quorum for all Board meetings shall be the majority of the total
appointed Board members.
Section 4. As required by City Code § 2-3.1, no Board member shall accumulate an
annual total of more than three absences, or be absent from more than one-fourth of the
total number of meetings held within a given calendar year, for reasons other than personal
illness, the illness or death of a relative, or other circumstances beyond the member's
control. Additionally, if a member knows in advance that he or she is unable to attend a
meeting for any reason, the member should promptly inform the Chair or the appropriate
City staff member, so the Chair can determine in advance if a quorum will be present.
ARTICLE IX- STANDMGCOMMITTEES
Section 1. There shall be a standing Executive Committee composed of the Board's
three officers. In addition, the Board's chair, in accordance with Article VI, Section 2-6 b, may
appoint to the Executive Committee an at -large member providing the Board is notified of the
appointment. The duties of the Executive Committee include but are not limited to the following:
(a) EstablisN4g Board agenda;
(b) Acting on the Board's behalf when directed to do so by the Board;
(c) Provide meeting notes and any recommendations of the
Committee to the Board;
erdeF t(d)h nGe duties and respensibilitie . Prepare in collaboration with staff and with
review and approval by Board members, Board policies that comply with the Performance
Contract;
topics.
(e) Plan for and participate in the orientation of new Board members; and
(e) Identify, in collaboration with staff, Board member educational and training
7
(c) AdvisiRg the BeaFd, as FequiFed, on all mattem of a fiSGal RatuFe whiGh affeGt
diFeGtly and GORtFaGtually opeFated pFeqFarns
Section 2. A Nominating Committee shall be constituted annually for the purpose of
nominating a slate of officers. The Committee shall consist of at least three members and
shall be appointed by a vote of the Board two months prior to the Board's annual election of
officers. The Committee's slate of officers shall be presented to the Board one month prior
to the Board's annual election of officers.
Section 3. The Board's chair in accordance with Article VI, Section 2-6, may appoint
ad hoc Board committees and prescribe the term, powers, and duties of ad hoc committees
as may be necessary or useful in the conduct of the business of the Board. The Chair of an
ad hoc committee shall be responsible for providing to the Board notes from committee
meetings and ensuring compliance with the Freedom of Information Act. Ad hoc
committees should report back to the full Board.
The Board, in carrying out its powers and duties in accordance with Article lVof
these By -Laws, shall utilize the following operating procedures:
(a) All employees of directly operated programs shall be subject to the personnel
policies and procedures of the City of Virginia Beach. Additionally, the Board hereby adopts
the City of Virginia Beach's grievance procedure.
(b) Pursuant to Virginia Code § SeGtiOR 37.1 195 37.2 - 501 of the Gode
legal services to the Board shall be provided by the City Attorney's Office.
(c) The City Treasurer shall receive those funds designated to the Board.
(d) The City of Virginia Beach Director of Finance shall serve as the Board's fiscal
agent. The City of Virginia Beach shall receive an independent annual audit of the total
revenues and expenditures and data E)f the BeaFd and its pmgFams. of the Board, a copy of
which shall be provided to the DBHDS.
(e) The Board shall comply with the City of Virginia Beach policies and procedures
for purchasing equipment and supplies.
(f) The Board may, following review by the City of Virginia Beach Director of Finance
as to availability of funds and the City Attorney as to appropriate legal form, enter into such
agreements and contracts as are necessary to carry out its approved programs.
(g) The Board shall be autheF4ed to may revise its budget categories to meet
program needs as provided in the budget ordinances of the City of Virginia Beach. When a
budget revision is necessary, the Board Executive Director shall submit the request in
writing to the City Finance Department prior to Board consideration of the proposed
change. The Finance Department will review the request for conformance to the City's
fiscal rules, regulations and budget ordinances and will notify the Executive Director
that the request is in compliance with these rules and regulations or, if not, why not and
what procedures need to be followed to achieve compliance.
(h) The Board shall be authorized to allocate all agency revenues in accordance with
DMHMRS DBHDS guidelines and in compliance with the policies of the City of Virginia
Beach.
ARTICLE XI - ROBERTS RULES OF ORDER
Roberts Rules of Order. Newly revised, shall govern the conduct of all Board
proceedings unless inconsistent with these By -Laws, in which case these By -Laws shall
govern.
ARTICLE XII - PREVAILING AUTHORITY
In the event of any conflict between any provision of these by-laws and any provision of
state lay of City ordinance. the provision of state law or the City ordinance (in that order of
precedence) shall supersede such by-laws provisions. Additionally, if any Virginia Code or City
Code section cited herein is amended subsequent to the approval of these by-laws, references
to those code sections shall be interpreted to be references to the most recently amended
version of those code sections.
ARTICLE X-tt XIII — BY- LAWS
The By -Laws may be amended at any regular meeting of the Board by two-thirds
vote of the membership, notice having been submitted to each Board member in writing two
weeks prior to the meeting. Such amendments shall then be reviewed and ratified by the
City Council.
Item -VII-I. Sb
ORDINANCESIRESOL UTIONS
55
ITEM #66289
Upon motion by Vice Mayor- Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Community Services Board Resolutions:
b. AUTHORIZE a contract between the Virginia Beach Community Services
Board and the Commonwealth of Virginia re Behavioral Health and
Developmental Services
Voting: 10-0
Council Members Voting Aye:
M. Bei Jamin Davenport, 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:
Robert M. Dyer
September 6, 2016
2
3
4
5
6
7
8
9
10
11
12
A RESOLUTION APPROVING A CONTRACT
BETWEEN THE COMMUNITY SERVICES BOARD
AND THE COMMONWEALTH
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the City Council hereby approves Fiscal Year 2016-17 Performance Contract
between the City of Virginia Beach Community Service Board and the Virginia Department
of Behavioral Health and Developmental Services (a summary of which is attached as
Exhibit A), which provides State-controlled performance contract funding to the Community
Service Board.
6th
A topmtg)d by the Coun0cil of the City of Virginia Beach, Virginia on the day
of S
APPROVED AS TO CONTENT:
L�
`Budget arid Mehagement Services
CA 13811
R-1
August 24, 2016
APPROVED AS TO LEGAL
SUFFICIENCY:
City-AtZ-rrney's Office
FY 2017 Community Services Performance Contract
FY 2017 Exhibit A: Resources and Services
Virginia Beach Community Services Board
Consolidated Budget
(Pages AF
-3 through AF -8)
...... _ -------- -,
Funding Sources
I Mental Health
'Developmental
Substance
TOTAL
j
Services
' Services
I Abuse
j Services
State Funds
C Local Matching Funds
i
8,675,825
_ 9,329,244
848,315
7,682,720
2,223,622
0
11,747,762 j
17,011,011964
Total Fees
5,183,640
19,200,010
434,753
24,818,403
Transfer Fees In/(Out)
0
0
0
0
Federal Funds
334,332
— 0
1,816,482
2,150,8141
----
-
Other Funds-
State Retained Earnings
Federal Retained EarningsI
104,468
318,807
011`2
380,000
112,942
i -
54,065
0�
--__
538 ,533
431,749
i
0 0
-- Other Retained Earnings
0
0
01
0
Subtotal Ongoing Funds
23,946,316
28,223,987
4,528,9221
56,699,225
State Funds One -Time
0
- ' :=t''yK`
0
0
Federal Funds One -Time
I 0t
�
0
0
Subtotal One -Time Funds
0
0
0
0
I
TOTAL ALL FUNDS
23,946,316
28,223,987
4,528,922
j
56,699,2251
Cost for MH/DV/SA Services 22,376,190 i 27,788,737 1 2,817,008 52,981,935
Cost for Emergency Services (AP -4) 2,122,687
Cost for Ancillary Services (AP -4) 1,594,603
Total 56,699,225
Local Match Computation _ CSB Administrative Expenses
Total State Funds 11,747,762. Total Admin. Expenses 5,938,296
I Tota[ Local Matching Funds 17,011,964 ; Total Expenses 56,699,225,
I
i Tota[ State and Local Funds 28,759,726 j Administrative Percent 10.47%]
Total Local Match % 59.15%
Local/Total State + Local) - [
Report Date 7/1/2016 AF -1
FY2017 Community Services Performance Contract
Exhibit A: Resources and Services
Virginia Beach Community Services Board
Financial Comments
Comment] MH Other Federal - CSB = $28,600 Senior Services of Southeastern VA (SEVAMP)
CommenI2 and $46,570 USDA
IComment3 IMH Expanded Community Capacity = $302,709 HNN CSB and $93,250 WTCSB
CommenM �MH Other Funds = anticipated mid -year MH Federal PATH award of $104,468
COmmentS MH State Retained Earnings = $318,807 FY 2015 MH PACT
IComment6 DV Other Funds = Department for Aging and Rehabilitative Services (DARS)
Comment? DV State Retained Earnings = $112,942 FY 2015 Rental Choice
Commenj8 SA Other Federal - CSB = $20,000 DOH HIV
CommenO
F60_1Iwe_nti 0
Commenill
Comment12
Conment13
CommentH
�60,mment,15
CommenI16
Comment17
CommenlIS
�CoWmentj]9
FC,ontmenI20
Co mmen.021
Comnzen_1_22_,
Comment24
Comment'25
Report Date 7/1/2016 AF -2
FY 2017 Community Services Performance Contract Financial Summary
Exhibit A: Resources and Services
Mental Health
(MH) Services
Virginia Beach Community Services Board
Funding Sources
Funds
FEES
MH Medicaid Fees
3,846,735
MH Fees: Other
1,336,905
Total MH Fees
5,183,640
MH Transfer Fees In/(Out)
0
MH Net Fees
5,183,640
FEDERAL FUNDS
MH FBG SED Child & Adolescent (93.958)
221,924
MH FBG Young Adult SMI (93.958)
0
MH FBG SMI (93.958)
14,757
MH FBG SMI PACT (93.958)
0
MH FBG SMI SWVBH Board (93.958)
0
Total MH FBG SMI Funds
14,757
MH FBG Geriatrics (93.958)
0
MH FBG Peer Services (93.958)
0
Total MH FBG Adult Funds
14,757
MH Federal PATH (93.150)
22,481
MH Federal CABHI (93.243)
Federal CCBHC (93.829)
0
MH Other Federal - DBHDS
0
MH Other Federal - CSB
75,170
Total MH Federal Funds
334,332
STATE FUNDS
Regional Funds
MH Acute Care (Fiscal Agent)
0
MH Acute Care Transfer In/(Out)
0
MH Net Acute Care - Restricted
0
MH Regional DAP (Fiscal Agent)
0
MH Regional DAP Transfer In/(Out)
647,347
MH Net Regional DAP - Restricted
647,347
MH Regional Residential DAP - Restricted
0
MH Crisis Stabilization (Fiscal Agent)
0
MH Crisis Stabilization - Transfer In/(Out)
794,934
Total Net MH Crisis Stabilization - Restricted
794,934
Report Date 7/1/2016 AF -3
FY 2097 Community Services Performance Contract Financial Summary
Exhibit A: Resources and Services
Mental Health (MH) Services
Virginia Beach Community Services Board
Funding Sources Funds
MH Recovery (Fiscal Agent) 0
MH Other Merged Regional Funds (Fiscal Agent) 1,468,833
MH Total Regional Transfer In/(Out) 0
Total MH Net Unrestricted Regional State Funds 1,468,833
Total MH Net Regional State Funds
2,911,114
Children State Funds
395,959
MH Child & Adolescent Services initiative
338,661
MH Children's Outpatient
75,000
Total MH Restricted Children's Funds
413,661
MH State Children's Services
25,000
MH Juvenile Detention
111,724
MH Demo Proj-System of Care (Child)
0
Total MH Unrestricted Children's Funds
136,724
MH Crisis Response & Child Psychiatry (Fiscal Agent)
0
MH Crisis Response & Child Psychiatry Transfer In/(Out)
119,369
Total MH Net Restricted Crisis Response & Child Psychiatry
119,369
Total State MH Children's Funds (Restricted for Children)
669,754
Other State Funds
MH Law Reform
397,790
MH Pharmacy - Medication Supports
29,949
MH Jail Diversion Services
241,670
MH Adult Outpatient Competency Restoration Srvs
0
MH CIT -Assessment Sites
150,857
MH Expand Telepsychiatry Capacity
0
MH Young Adult SMI
0
MH PACT
850,000
MH PACT- Forensic Enhancement
200,000
MH PSH - CABHI
0
MH Permenant Supportive Housing (Non-CABHI)
0
CCBHC - State Portion
0
MH Expanded Community Capacity (Fiscal Agent)
0
MH Expanded Community Capacity Transfer In/(Out)
395,959
Total MH Net Expanded Community Capacity
395,959
MH First Aid and Suicide Prevention (Fiscal Agent)
0
MH First Aid and Suicide Prevention Transfer In/(Out)
0
Total MH Net First Aid and Suicide Prevention
0
Total MH Restricted Other State Funds
2,266,225
Report Date 7/1/2016 AF -4
FY 2017 Community Services Performance Contract Financial Summary
Exhibit A: Resources and Services
MH FBG SMI (93.958) 0
MH FBG SED Child & Adolescent (93.958) 0
MH FBG Peer Services (93.958) 0
MH State Funds 0
Total One Time MH Funds 0
Total MH All Funds 23,946,316
Report Date 7/1/2016 AF -5
Mental Health (MH) Services
Virginia Beach Community Services Board
Funding Sources
Funds
MH State Funds
2,828,732
MH State Regional Deaf Services
0
MH State NGRI
0
MH Geriatrics Services
0
Total MH Unrestricted Other State Funds 2,828,732
Total MH Other State Funds
5,094,957
TOTAL MH STATE FUNDS
8,675,825
OTHER FUNDS
MH Other Funds
104,468
MH Federal Retained Earnings
0
MH State Retained Earnings
318,807
MH State Retained Earnings - Regional Prog
0
MH Other Retained Earnings
0.
Total MH Other Funds
423,275
LOCAL MATCHING FUNDS
MH Local Government Appropriations
9,329,244
MH Philanthropic Cash Contributions
0
MH In -Kind Contributions
0
MH Local Interest Revenue
0
Total MH Local Matching Funds
9,329,244
Total MH Funds
23,946,316
MH ONE TIME FUNDS
MH FBG SMI (93.958) 0
MH FBG SED Child & Adolescent (93.958) 0
MH FBG Peer Services (93.958) 0
MH State Funds 0
Total One Time MH Funds 0
Total MH All Funds 23,946,316
Report Date 7/1/2016 AF -5
FY 2017 Community Services Performance Contract Financial Summary
Exhibit A: Resources and Services
Developmental Services (DV)
Virginia Beach Community Services Board
Funding Sources
FEES
DV Other Medicaid Fees
DV Medicaid ICF/ID
DV Fees: Other
Total DV Fees
DV Transfer Fees In/(Out)
DV NET FEES
FEDERAL FUNDS
DV Other Federal - DBHDS
DV Other Federal - CSB
Total DV Federal Funds
STATE FUNDS
DV State Funds
DV OBRA
Total DV Unrestricted State Funds
DV Rental Subsidies
DV Crisis Stabilization (Fiscal Agent)
DV Crisis Stabilization Transfer In(Out)
DV Net Crisis Stabilization
DV Crisis Stabilization -Children (Fiscal Agent)
DV Crisis Stabilization -Children Transfer In(Out)
DV Net Crisis Stabilization -Children
Total DV Restricted State Funds
Total DV State Funds
OTHER FUNDS
DV Workshop Sales
DV Other Funds
DV State Retained Earnings
DV State Retained Earnings -Regional Prog
DV Other Retained Earnings
Total DV Other Funds
LOCAL MATCHING FUNDS
DV Local Government Appropriations
DV Philanthropic Cash Contributions
DV to -Kind Contributions
DV Local Interest Revenue
Total DV Localiriatu i�ig Funds
Total DV Funds
Funds
7,651,977
10,883,403
664,630
19,200,010
0
19,200,010
0
0
0
813,942
34,373
848,315
0
0
0
0
0
0
0
0
848,315
0
380,000
112,942
0
0
492,942
7,682,720
0
0
0
7,'082,720
28,223,987
AF -6
Report Date 7/1/2016
FY 2017 Community Services Performance Contract Financial Summary
Exhibit A: Resources and Services
Substance Abuse (SA) Services
Virginia Beach: Community Services Board
Funding Sources
Funds
FEES
82,263
SA Medicaid Fees
399,476
SA Fees: Other
35,277
Total SA Fees
434,753
SA Transfer Fees In/(Out)
0
SA NET FEES
434,753
FEDERAL FUNDS
0
SA FBG Alcohol/Drug Trmt (93.959)
985,968
SA FBG SARPOS (93.959)
65,231
SA FBG Jail Services (93.959)
165,147
SA FBG Co -Occurring (93.959)
34,574
SA FBG New Directions (93.959)
0
SA FBG Recovery (93.959)
0
Total SA FBG A/D Trmt Funds
1,250,920
SA FBG Women (includes LINK at 6 CSBs) (93.959) 187,279
SA FBG Prevention -Women (LINK) (93.959) 0
Total SA FBG Women 187,279
SA FBG Prevention (93.959)
276,020
SA FBG Prev-Family Wellness (93.959)
82,263
Total SA FBG Prevention
358,283
SA Federal CABHI (93.243)
0
SA Federal Strategic Prevention (93.243)
0
SA Other Federal - DBHDS
0
SA Other Federal - CSB
20,000
TOTAL SA FEDERAL FUNDS 1,816,482
STATE FUNDS
Regional Funds
SA Facility Reinvestment (Fiscal Agent)
0
SA Facility Reinvestment Transfer In/(Out)
476,036
SA Net Facility Reinvestment
476,036
Other State Funds
SA Women (includes LINK at 4 CSBs) (Restricted)
1,800
SA Recovery Employment
0
SA Peer Support Recovery
0
Total SA Restricted Other State Funds
1,800
Report Date 7/1/2016 AF -7
FY 2017 Community Services Performance Contract Financial Summary
Exhibit A: Resources and Services
Substance Abuse (SA) Services
Virginia Beach Community Services Board
Funding Sources Funds
SA State Funds 1,408,686
SA Region V Residential 131,215
SA Jail Services/Juv Detention 27,216
SA MAT - Medically Assisted Treatment 0
SA SARPOS 76,097
SA Recovery 0
SA HIV/AIDS 102,572
Total SA Unrestricted Other State Funds 1,745,786
Total SA Other State Funds 1,747,586
TOTAL SA STATE FUNDS 2,223,622
OTHER FUNDS
SA Other Funds 54,065
SA Federal Retained Earnings 0
SA State Retained Earnings 0
SA State Retained Earnings -Regional Prog 0
SA Other Retained Earnings 0
Total SA Other Funds 54,065
LOCAL MATCHING FUNDS
SA Local Government Appropriations 0
SA Philanthropic Cash Contributions 0
SA In -Kind Contributions 0
SA Local Interest Revenue 0
Total SA Local Matching Funds 0
Total SA Funds 4,528,922
SA ONE-TIME FUNDS
SA FBG Alcohol/Drug Trmt (93.959) 0
SA FBG Women (includes LINK -6 CSBs) (93.959) 0
SA FBG Prevention (93.959) 0
SA State Funds 0
Total SA One -Time Funds 0
Total All SA Funds 4,528,922
Report Date 7/1/2016 AF -8
FY 2017 Community Services Performance Contract
Local Government Tax Appropriations
Virginia Beach Community Services Board
City/County Tax Appropriation
Virginia Beach City 17,011,964
Total Local Government Tax Funds: 17,011,964
Report D --t.- 7/1/2015 AF -9
FY 2017 Community Services Performance Contract
FY 2017 Exhibit A: Resources and Services
Supplemental Information
Reconciliation of Projected Revenues and Utilization Data Core Services Costs by Program Area
Virginia Beach Community Services Board
MH
Services
Total All Funds (Page AF -1) 23,946,316
Cost for MH, DV, SA, Emergency, 27,376,190
and Ancillary Services (Page AF -1)
Difference 1,570,126
DV SA Emergency Ancillary
Services Services Services Services
28,223,987 4,528,922
Total
56,699,225
27,788,737 2,817,008 2,122,687 1,594,603 56,699,225
435,250 1,711,914 -2,122,687 -1,594,603
Difference results from
Other:
Explanation of Other in Table Above:
Renon Date 7/1/2016 AF -10
0
0
Report for Form 11
FY 2017 Community Services Performance Contract
FY 2017 Exhibit A: Resources and Services
CSB 100 Mental Health Services
Virginia Beach Community Services Board
Core Services
..... .........
310 Outpatient Services
1350 Assertive Community Treatment
,320 Case Management Services
�410 Day Treatment or Partial Hospitalization
1420 Ambulatory Crisis Stabilization Services
425 Mental Health Rehabilitation
460 Individual Supported Employment
:501 Highly Intensive Residential Services
1510 Residential Crisis Stabilization Services
[621 Intensive Residential Services
�551 Supervised Residential Services
1581 Supportive Residential Services
4 Beds
13 Beds
3 Beds
32 Beds
18.3 FTEs
419
4
35
175
Totals 6,303
Form 11 A: Pharmacy Medication Supports Number of Consumers I
803 Total Pharmacy Medication Supports Consumers 1500
Report Dute 7/112016 AP -1
") 1..t4,VVV
$2,497,040
$108,425
$1,249,512
$1,360,451 +1
$22,376,190
Projected
Numbers of
Projected
Projected
Individuals
Total
Service
Receiving
Service
Capacity
Services
Costs
40.84 FTEs
3110
$5,922,194
1133 FTEs
53
$1,544,894
53.68 FTEs
1736
----- -------
$5,320,334
60 Slots
210
$700,073
10 Slots
94
$334,390
175 Slots
412
$2,769,882
4-55 FTEs
50
$416,329
4 Beds
13 Beds
3 Beds
32 Beds
18.3 FTEs
419
4
35
175
Totals 6,303
Form 11 A: Pharmacy Medication Supports Number of Consumers I
803 Total Pharmacy Medication Supports Consumers 1500
Report Dute 7/112016 AP -1
") 1..t4,VVV
$2,497,040
$108,425
$1,249,512
$1,360,451 +1
$22,376,190
FY 2017 Community Services Performance Contract
FY 2017 Exhibit A: Resources and Services
CSB 200 Developmental Services
Virginia Beach Community Services Board
Report for Form 21
Core Services
1310 Outpatient Services
X320 Case Management Services
425 Developmental Habilitation
1465 Group Supported Employment
,460 Individual Supported Employment
;501 Highly Intensive Residential Services (Community -Based ICF/ID Services)
1521 Intensive Residential Services
551 Supervised Residential Services
1581 Supportive Residential Services
Totals
Report Date 7/1/2016 AP -2
Projected
Service
Capacity
4.2 FTEs
26.45 FTEs
211 Slots
27 Slots
7.7 FTEs
47 Beds
25 Beds
4 Beds
39.7 FTEs—
Projected
$4,543,753
-
Numbers of
Projected
Individuals
Total
Receiving
Service
Services
Costs
20
_
$409,638
800 $3,041,238
211
$4,543,753
-
- 39
$690,004
185
$58 9
47
$12,202,21125
$3,056,826
— --4
- -
$340,289
72
$2,920 299
1,403 $27,788,737
FY 2017 Community Services Performance Contract
FY 2017 Exhibit A: Resources and Services
CSB 300 Substance Abuse Services
Virginia Beach Community Services Board
Report for Form 31
Core Services
10 Outpatient Services
Case Management Services
0 Day Treatment or Partial Hospitalization
1 Highly Intensive Residential Services (Medically Managed Withdrawal Services)
521 Intensive Residential Services 4 Beds 5 $482,520
--- - - — - - --- -- --- --------
581 Supportive Residential Services 2.38 FTEs 15 $163,348
610 Prevention Services
925 FTEs $805,077 �
Totals 333 $2,817,008
Report Date 7/1/2016 AP -3
Projected
Projected
Numbers of
Individuals
Projected
Total
Service
Receiving
Service
Capacity
Services
Costs
3.75 FTEs
153
$534,259
32 FTEs
33
$316,607 I
29
$153,307
5 Slots
4 Beds
98
$361,890
521 Intensive Residential Services 4 Beds 5 $482,520
--- - - — - - --- -- --- --------
581 Supportive Residential Services 2.38 FTEs 15 $163,348
610 Prevention Services
925 FTEs $805,077 �
Totals 333 $2,817,008
Report Date 7/1/2016 AP -3
Report for Form 01
FY 2017 Community Services Performance Contract
FY 2017 Exhibit A: Resources and Services
CSB 400 Emergency and Ancillary Services
Virginia Beach Community Services Board
Core Services
,100 Emergency Services
1318 Motivational Treatment Services
-----------
390 Consumer Monitoring Services
720 Assessment and Evaluation Services
Totals
Report Date 7/1/2016 AP -4
Projected
Projected
Service
Capacity
Numbers of
Individuals
Receiving
Services
Projected
Total
Service
Costs
17.13 FTEs
3130
$2,122,687
5.8 FTEs
1012
$870,539
4.25 FTEs
240
$481,056
- 2 FTEs
909
$243,008
5,291
$3,717,290
FY 2017 Community Services Performance Contract
Table 1: Board of Directors Membership Characteristics
Name of CSB: !Virginia Beach Community Services Board
Total Appointments:l5 Vacancies: j -0 Filled Appointments: �5
Number of Individuals Who Previously Receives Services:
Number of Individuals Currently Receiving Services:
Number of Family Members:
Report Date 7/1/2016 AP -5
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M
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FY 2017 Community Services Performance Contract
Table 2: Board Management Salary Costs
Name of CSB: Virginia Beach Community Services Board FY 2017
Table 2a: FY 2017 Salary Range Budgeted Tot. Tenure
Management Position Title Beginning Ending Salary Cost (yrs)
Executive Director $106,398.00 $163,843.00 $160,108.00 3.00
Table 2: Integrated Behavioral and Primary_.
1. Is the CSB participating in a partnership with a federally qualifiec
or local health department to integrate the provision of behavioral
health care?
No
2. If yes, who is the partner?
❑ a federally qualified health center
Name:
❑ a free clinic
Name:
❑ a local health department, or
Name:
❑ another organization
Name:
3. Where is primary health (medical) care provided?
❑ on-site in a CSB program,
❑ on-site at the primary health care provider, or
❑ another site --specify:
4. Where is behavioral health care provided?
❑ on-site in a CSB program,
❑ on-site at the primary health care provider, or
❑ another site —specify:
Report Date 711/2016 AP -7
FY 2017 Community Services Performance Contract
Virginia Beach Community Services Board
Table 2: Board Management Salary Costs
Explanations for Table 2a
Table 2b: Community Service Board Employees
1.
2.
3.
4.
5.
6.
7.
No. of FTE CSB Employees
MH
DEV
SA
SAOPA
ADMIN
TOTAL
Consumer Service FTEs
177.04
331.36
27.02
29.18
a. 564.60
Peer Staff Service FTEs
3.00
0.00
0.00
0.00
3.00
Support Staff FTEs
42.29
45.30
5.13
9.42
76.69
178.83
TOTAL FTE CSB Employees
222.33
376.66
32.15
38.60
76.69
746.43
Report Date 71112016 AP -8
Item -VII-I.6
ORDINANCES/RESOLUTIONS
56
ITEM #66290
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of the City's right-of-
way, known as Pacific Avenue and 215` Street
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE temporary encroachments into
portions of the City's right-of-way, known as Pacific Avenue and
21s1 Street (NO GPIN REQUIRED OR ASSIGNED —
ADJACENT TO GPIN 242 7182548) DISTRICT 6 — BEACH
The following conditions shall be required:
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 all costs and expenses of
such removal.
2. 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 fi-om the Encroachment Area by the Grantee; and that the Grantee will
bear all costs and expenses of such removal.
3. 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.
4. 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.
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 the Grantee must obtain and
keep in effect liability insurance with the City as a named insured in all amount not
less than $500,000.00, per person injured and property damage per incident,
combined, with the City listed as an additional insured/loss payee. The company
providing the insurance must be registered and licensed to provide insurance ill 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.
September 6, 2016
Item -VII-I.6
ORDINANCES/RESOLUTIONS
57
ITEM #66290
(Continued)
It is fin•ther expressly understood and agreed that the Grantee must submit for
review and approval, a survey of the Encroachment Area, certified by a Registered
Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the
Temporary Encroachment sealed by a Registered Professional Engineer, if
required by either the Department of Public Works City Engineer's Office or the
Engineering Division of the Department of Public Utilities.
8. 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 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of September, Two
Thousand Sixteen.
Voting.- 9-0
Council Members Voting Aye:
M. Bei Jamin Davenport, 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:
Robert M. Dyer
September 6, 2016
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 PORTIONS OF CITY RIGHTS-OF-WAY
6 KNOWN AS PACIFIC AVENUE AND 21 sr
7 STREET, LOCATED ADJACENT TO 209 21 sr
8 STREET
9
10 WHEREAS, Ocean Horizon Properties, L.C., a Virginia limited liability
11 company ("Ocean Horizon"), requests permission (i) to allow its existing building with an
12 emergency exit door swing, and (ii) proposed improvements consisting of 3' -high fencing
13 (to encroach 8' into the right-of-way), 0.3' fagade treatments and wall signs to encroach
14 into and upon a portion the City's rights-of-way known as Pacific Avenue and 21St Street
15 located adjacent to 209 21 st Street.
16
17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
19 the City's right-of-way subject to such terms and conditions as Council may prescribe.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Ocean Horizon, its heirs,
26 assigns and successors in title are authorized to maintain temporary encroachments for the
27 existing building wall, existing emergency exit door swing, proposed fencing and proposed
28 wall sign in the City's rights-of-way as shown on the map entitled: "ENCROACHMENT
29 EXHIBIT FOR LOT -21 & THE WESTERN HALF OF LOT -19; BLOCK -51 AS SHOWN ON
30 VIRGINIA BEACH MAP NUMBER 2 (MAP BOOK 1, PAGE 20B) VIRGINIA BEACH,
31 VIRGINIA," a copy of which is attached hereto as Exhibit A, and on file in the Department
32 of Public Works and to which reference is made for a more particular description;
33
34 BE IT FURTHER ORDAINED, that the temporary encroachments are
35 expressly subject to those terms, conditions and criteria contained in the Agreement
36 between the City of Virginia Beach and Ocean Horizon (the "Agreement"), an unexecuted
37 copy of which has been presented to the Council in its agenda, and will be recorded among
38 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach;
39
40 BE IT FURTHER ORDAINED, that the City Manager or his authorized
41 designee is hereby authorized to execute the Agreement; and
42
43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
44 such time as Ocean Horizon and the City Manager or his authorized designee execute the
45 Agreement.
46
47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th
48 day of Septem er 2016.
49
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PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this day of , 2016, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and OCEAN HORIZON PROPERTIES,
L.C., a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS
IN TITLE, "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of those certain lots, tracts, or
parcels of land designated and described as "LOT NUMBER TWENTY-ONE (21) AND
THE WESTERN ONE-HALF ('/2) OF LOT NUMBER 19, IN BLOCK NUMBER FIFTY-
ONE (51)," as shown on that certain plat entitled: "MAP NUMBER TWO (2) OF THE
VIRGINIA BEACH DEVELOPMENT COMPANY," prepared by S. F. Day, C.E., and said
plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 1, at page 20B, and being further designated, known, and
described as 209 21St Street, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain the existing building
walls, existing emergency exit door swing, and to construct and maintain 3' fencing,
canopies, 0.3' facade treatments, and wall signs, and to further allow the construction
and maintenance of cornices (up to 1' extension from the building), canopies (up to 3'
extension from the building), wall and fagade treatment (up to 0.3" extension from the
GPIN: (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED)
ADJACENT TO: GPIN: 2427-18-2548 - 209 21St Street
building), all located partially within the City rights-of-way on Pacific Avenue and 21St
Street, the "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in maintaining the Temporary Encroachment, it is necessary
that the Grantee encroach into a portion of existing City rights-of-way known as Pacific
Avenue and 21St Street, 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, consisting of three (3)
sheets, entitled: "ENCROACHMENT EXHIBIT FOR LOT -21
& THE WESTERN HALF OF LOT -19; BLOCK -51 AS
SHOWN ON VIRGINIA BEACH MAP NUMBER 2 (MAP
BOOK 1, PAGE 20B) VIRGINIA BEACH, VIRGINIA," dated
July 22, 2016, prepared by WPL, 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
2
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.
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
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary 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 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/loss payee. The company providing the
insurance must be registered and licensed to provide insurance in the Commonwealth
3
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 Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
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.
.19
IN WITNESS WHEREOF, the said OCEAN HORIZON PROPERTIES,
L.C., a Virginia limited liability company, has caused this Agreement to be executed on
its behalf by NABIL D. KASSIR and DEBORAH M. KASSIR, Members of OCEAN
HORIZON PROPERTIES, L.C., a Virginia limited liability company, with due authority to
bind said limited liability company. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by its City Manager and its
seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
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.
Notary Registration Number:
My Commission Expires:
G
Notary Public
(SEAL)
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
(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
CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
OCEAN HORIZON PROPERTIES, L.C.
a Virginia limited liability company
By (SEAL)
NABIL D. KASSI , Member
zi � _"O�' (SEAL)
DEBORAH M. mer
STATE OF
CITY/COUNTY OF \/I (416 r pCi� , to -wit:
The foregoing instrument was acknowledged before me this 22 day of
Au,0 tS�- , 2016, by NABIL D. KASSIR and DEBORAH M. KASSIR, Members
of OCEAN HORIZON PROPERTIES, L.C., a Virginia limited liability company.
Notary Registration Number
Notary Public
Iq 3522
My Commission Expires: c_.ey-3 �t ZU 1 Cj
BRENDA LEE SHIPP
Notary Public
Commonwealth of Virginia
193522
My Commission Expires Dec 31, 2019
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
7
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
I ffU,446ffNp4-" J
NATU E MEYER,
SENIOR CITY ATTORNEY
DATE
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
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AS SHOWN ON
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(MAP BOOK 1. PAGE 20B)
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WILLIAM D. SESSOMS, JR.
MAYOR
In Reply Refer to 0058788
City of Virginia Beach
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
September 6, 2016
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 385-4581
FAX (757) 385-5699
wsessoms®vbgov.00m
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 portions of City
rights-of-way known as Pacific Avenue and 21St Street, located adjacent to 209
21St Street. Ocean Horizon Properties, L.C. requested this ordinance in order to
gain permission to maintain existing encroachments and to construct and maintain
new encroachments adjacent to its property at 209 21St Street.
2. Land records suggest that Ocean Horizon Properties may have one or more credit
line deeds of trust on a different property with cross -collateralization that may
include the property that is the subject of this transaction.
3. I have a personal interest in TowneBank, which is located at 600 22nd Street in
Virginia Beach, and I have chosen to abstain from voting on this matter.
Please record this declaration in the official records of City Council. Thank you for your
assistance.
Sincerely,,
William D. Sessoms
Mayor
Item -VII-L 7
ORDINANCES/RESOLUTIONS
58
�raluE:�Ly�j
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Ordinance REALIGNING revenues and APPROPRIATIONS in the FY 2016-17 Operating
Budget of the Department of Human Services
Voting: 10-0
Council Members Voting Aye:
M. Bet Jamin Davenport, 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:
Robert M. Dyer
September 6, 2016
1 AN ORDINANCE REALIGNING REVENUES AND
2 APPROPRIATIONS IN THE FY 2016-17 OPERATING
3 BUDGET OF THE DEPARMENT OF HUMAN SERVICES
4
5 WHEREAS, changes in funding sources in the annual Community Services Board
6 Performance Contract provided by the Virginia Department of Behavioral Health Services
7 (VDBHDS) and other adjustments are needed in the FY 2016-17 Operating Budget for the
8 Department of Human Services (DHS) to align various revenues and costs to improve
9 financial monitoring and reporting.
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA THAT:
13
14 (1) Revenue estimates for various DHS programs are hereby adjusted to reconcile
15 with their respective funding sources as shown on Exhibit A within the FY 2016-
16 17 Operating Budget of the DHS, with no net change in total estimated
17 revenues; and
18
19 (2) $953,085 in funding from the VDBHDS is transferred from the Residential
20 Services Program to the Discharge Assistance Planning Program within the FY
21 2016-17 Operating Budget of the DHS.
6th
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of September 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:
udget arA nagement Se ices City Attorney's Office
CA13809
R-1
August 24, 2016
Exhibit A
Department of Human Services Revenue Reconciliation Adjustments
Funding Source Program
Adjustments
State DBHDS MHSA Program Support
$
79,587
Adult Outpatient Services
$
251,937
MH Emergency Services
$
(130,786)
Residential Services
$
365,856
MH Crisis Management Unit
$
98,579
Harbour
$
48,100
DS Clinical Support
$
6,570
DS Case Management
$
6,131
Pathways
$
573,308
MHSA Adult Day Treatment Services
$
(4,964)
SA Prevention
$
(55,865)
SA Adult Correctional Services
$
241,670
SA - HIV Prevention
$
(20,000)
SA - Project LINK
$
1,800
State -through -Regional
Adult Outpatient Services
MH Emergency Services
Child and Youth Services
Residential Services
MH Case Management Unit
Harbour
Discharge Assistance Planning
Pathways
Subtotal $ 1,461,923
$ (273,353)
$ (78,833)
$ 30,679
$ (1,616,344)
$ 51,425
$ (52,189)
$ 953,085
$ (616,352)
Subtotal 5 (1.601.882)
Federal Pass-Thru DBHDS Adult Outpatient Services $ 30,034
Harbour $ (34,574)
Pathways $ 4,210
SA - HIV Prevention $ 20,000
Subtotal $ 19,670
Charges for Services Program of Assertive Community Treatment $ 120,289
Total $ -
Item -VII-I.8a
ORDINANCESMESOL UTIONS
59
ITEM #66292
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT /APPROPRIATE. -
a. $142,365 from the Virginia Department of Behavioral Health and Development
Services within the Department of Human Services for the Early Intervention Infant
Program
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, 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.-
Robert
bsent:
Robert M. Dyer
September 6, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDS FROM THE VIRGINIA DEPARTMENT OF
BEHAVIORAL HEALTH AND DEVELOPMENTAL
SERVICES TO THE DEPARTMENT OF HUMAN
SERVICES FOR THE EARLY INTERVENTION INFANT
PROGRAM
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA THAT:
$142,365 ($125,015 State and $17,350 Federal) is hereby accepted from the
Virginia Department of Behavioral Health and Developmental Services and
appropriated, with estimated state and federal revenues increased accordingly, to the
Department of Human Services FY 2016-17 Operating Budget to provide additional
support and services to infants and toddlers from birth to two years of age, who are not
developing as expected or have a medical condition that can delay normal
development.
SAdoeptptebdeby the Council of the City of Virginia Beach, Virginia on the 6th 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:
Budget aAd Management Services City Attefney'sOffice
CA13810
R-1
August 24, 2016
Item -VIM. 8b
ORDINANCES/RESOLUTIONS
We
ITEM #66293
Upon motion by Vice Mavor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT I APPROPRIATE:
b. Grant from the Eduard Byrne Justice for Lain Enforcement:
(1) Sheriff's Q,ffice .$40,000
(2) Police Department $43,542
(3) Community Corrections and Pretrial $13,704
Voting. 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Healey, 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.
Robert M. Dyer
September 6, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ORDINANCE TO ACCEPT AND
APPROPRIATE GRANT FUNDS FOR LAW
ENFORCEMENT PURPOSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The Edward Byrne Justice Assistance Grant Local Solicitation amount of
$97,246 from the Department of Justice is hereby accepted and appropriated,
with federal revenue increased accordingly, to the following department,
amounts, and purposes:
a. $40,000 to the Sheriff's Office for the purchase the software portion of
the Classification Electronic Movement System;
b. $43,542 to the Police Department to purchase FARO Focus 3D, which is
a technology upgrade to the existing capabilities of the FARO 3D scanner
for crime and traffic scene documentation; and
c. $13,704 to the Office of Community Corrections and Pretrial Services to
hire temporary part-time staffing to provide support in both probation and
pretrial administrative tasks.
2. The replacement of the above items purchased with these grant funds is
conditioned upon the receipt of future grant funds.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day
of September 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:
r
B dget a Mahagement Servic s City A y ney s Office
CA13808
R-1
August 23, 2016
Item -VII-1.8c
ORDINANCES/RESOLUTIONS
61
ITEM #66294
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT /APPROPRIATE:
C. $86,400 Grant f om the U. S. Homeland Securityfor the Fire Department
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Katie, John D. Moss, Amelia N. Ross -Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
September 6, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
FUNDS FOR FIRE DEPARTMENT EQUIPMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That $78,546 in grant funding from the U.S. Department of Homeland
Security's 2015 Port Security Grant is hereby accepted and appropriated, with
estimated federal revenue increased accordingly, to the Fire Department's FY 2016-17
Operating Budget to purchase gear extractors, dryers, and laundry dispensing systems.
2. That the local match of $7,854 is hereby transferred from the Aid to
Localities funding within the Fire Department.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day
of September , 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
Budget arOMadagement Services
CA13812
R-1
August 24, 2016
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
Item -VII-J.9
ORDINANCESIRESOL UTIONS
62
ITEM #66295
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the Project Page for Capital Project re Energv Performance
Contracts Phase H (Schools) and to CHANGE the means of finance
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, 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:
Robert M. Dyer
September 6, 2016
1 AN ORDINANCE TO AMEND THE PROJECT
2 PAGE FOR CAPITAL PROJECT 1-110, ENERGY
3 PERFORMANCE CONTRACTS PHASE II
4 (SCHOOLS) AND TO CHANGE THE MEANS OF
5 FINANCE
6
7 WHEREAS, Capital Project 1-110, Energy Performance Contracts Phase II
8 (Schools), provides funding for renovations of facilities wherein the amount of savings
9 provided by the improvements will, over a period of time, pay for the costs of such
10 improvements;
11
12 WHEREAS, the Adopted 2017 CIP provides the means of finance for Project 1-
13 110 as energy performance contracts; and
14
15 WHEREAS, the City has lower borrowing costs than the private sector, so
16 financing the renovations contemplated by Project 1-110 with public facility revenue
17 bonds will allow the repayment of the improvements sooner and at a lower total project
18 cost.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 That the description of Capital Project 1-110 is hereby amended to reflect the
24 project page attached hereto as Exhibit A and to change the means of finance for such
25 Project to public facility revenue bonds.
26
27 SepAVoRtedrby the Council of the City of Virginia Beach, Virginia on the 6th day
28 of , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Budget a Ma agement Services City Attorney's Office
CA13800
R-2
August 25, 2016
City of Virginia Beach FY 2017 thru FY 2022 Capital Improvement Program
Project: 1110000 Title:Energy Performance Contracts II 1 Status:Approved
Category: Schools Department: Public Education Ranking: 0
Project Location
Project Type
Project Type: Rehabilitation/Replacement District: Citywide
Programmed
Programmed Appropriated Budgeted Non -Appropriated Programmed CIP Funding
Funding To Date FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 Future Funding
15,000,000 0 5,000,000 5,000,000 5,000,000 0 0 0 0
ScopeDescription and
As a measure to reduce energy costs while improving the learning environment, the School system has completed $14.1 million of energy
performance contracting work in 31 schools through CIP 1-109. This project would complete an additional $15.0 million worth of performance
contract work. The projects to be completed in this phase include replacement of outdated lighting and HVAC systems.
Purpose
As a measure to reduce energy costs as well as protect the environment, the City and School system have adopted energy performance contracts.
Energy performance contracts involve a vendor (contractor) conducting a detailed energy audit and then installing improvements to a building that
reduces energy cost. The savings associated from the reduced energy costs are expected to exceed any debt service costs incurred from the issuance
of Public Facility Revenue bonds. The savings are guaranteed by the contractor, who is required to acquire a performance bond. If the savings do not
materialize, the shortfall is paid to the City.
Current Status
History and
This represents a new project for FY 2016-17 CIP.
Operating Budget
Savings on energy costs are reflected in the school's operating budget.
Schedule of Activities
Project Map
Project Activites From - To Amount
Insoections and SUDoort 07/16 - 06/20 200,000
Design 07/16 - 06/20 500,000
Construction 07/16 - 06/20 13,800,000
Contingencies 07/16 - 06/20 500,000
Total Budgetary Cost Estimate: 15,000,000
Financing
NO MAP REQUIRED
Means of
Funding Subclass Amount
Local Funding 15,000,000
Total Funding: 15,000,000
GovMax V5 1 8/25/2016
Item - VII -J.10 - ADDED
ORDINANCESIRESOL UTIONS
63
ITEM #66296
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER $339,365.25 to Police Federal and State Seized Assets Special
Revenue Fund and $186,667.32 to the operating budget of the Commonwealth Attorney
Voting.- 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Katie, John D. Moss, Amelia N. Ross -Hammond,
Mavor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
September 6, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
AN ORDINANCE TO TRANSFER $339,365.25 FROM CIP
3-607 TO THE POLICE FEDERAL AND STATE SEIZED
ASSETS SPECIAL REVENUE FUND AND TO TRANSFER
$186,667.32 FROM CIP 3-201 TO THE OPERATING
BUDGET OF THE COMMONWEALTH ATTORNEY
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
1) $339,365.25 is hereby transferred from CIP 3-607, "CIT — Data Storage and
Management for Evidentiary Files," to the Police Federal and State Seized
Assets Special Revenue Fund to be held in the aforementioned Special Revenue
Fund until further direction is provided by the City Council; and
2) $186,667.32 is hereby transferred from CIP 3-201, "Commonwealth's Attorney
Build -out of Judicial Center," to the FY 2016-2017 Operating Budget of the
Commonwealth Attorney for the same purposes outlined in the scope of CIP 3-
201.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day
of Septembe2016.
APPROVED AS TO CONTENT
Budget and Management Services
CA13819
R-1
September 6, 2016
APPOROVED AS TO LEGAL SUFFICIENCY:
C' t ney's Office
Item —VII -L
PLANNING
64
ITEM #66297
1. ATLANTIC PALISADES CONDOMINIUM
ASSOCIATION, INC.
2. KYNDLE CA Y, LLC
3. TURNING POINT CHURCH
4. B&JLTD. OF VIRGINIA
S. BIRDNECK STORAGE 2, LLC
6. DIRECT INDEPENDENCE GROUP, LLC
7. CHERI Y. HUGHES
8. THOMAS WILDER
9. JENNIFER G. HARRIS
SUBDIVISION VARIANCE
SUBDIVISION VARIANCE
MODIFICATION OF CONDITIONS
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL USE PERMIT
CONDITINAL USE PERMIT
CONDITINAL USE PERMIT
COUNCILMANMOSS WILL VOTE VERBAL NAY ON ITEM #1
MAYOR SESSOMS WILL ABSTAIN ON ITEM #2
MAYOR SESSOMS WILL ABSTAIN ON ITEM #4
ITEM #S WILL BE CONSIDERED SEPARATELY
MAYOR SESSOMS WILL ABSTAIN ON ITEM #6
ITEM #8 WILL BE DEFERRED INDEFINITELY
September 6, 2016
Item -VII-J
PLANNING
65
ITEM #66298
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, BY
CONSENT: Item ](MOSS VERBAL NAY), 2(MAYOR SESSOMS ABSTAINED), 3, 4(MAYOR
SESSOMS ABSTAINED), 6(MAYOR SESSOMS ABSTAINED), 7, 8(DEFER INDEFINITELY) and
9 of the PLANNING AGENDA
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, 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:
Robert M. Dyer
September 6, 2016
Item -VII-J
PLANNING
65
ITEM #66298
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, BY
CONSENT: Item ](MOSS VERBAL NAY), 2(MAYOR SESSOMS ABSTAINED), 3, 4(MAYOR
SESSOMS ABSTAINED), 6(MAYOR SESSOMS ABSTAINED), 7, 8(DEFER INDEFINA TEL Y) and
9 of the PLANNING AGENDA
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, 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.
Robert M. Dyer
September 6, 2016
Item —VII -J.1
PLANNING
M
ITEM #66299
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of ATLANTIC PALISADES
CONDOMINIUM ASSOCIATION, INC, ARCSTONE, LLC; SKYMARK, LLC; BLUESTONE
HOLDINGS, LLC; and SUNSTAR ATLANTIC, LLC Subdivision Variance to Section 4.1 (m) of the
Subdivision Regulations at the Southwest corner of 21S` Street and Baltic Avenue DISTRICT 6 — BEACH
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ATLANTIC PALISADES
CONDOMINIUM ASSOCIATION, INC, ARCSTONE, LLC;
SKYMARK, LLC; BLUESTONE HOLDINGS, LLC; and SUNSTAR
ATLANTIC, LLC Subdivision Variance to Section 4.1 (m) of the
Subdivision Regulations at the Southwest corner of 21" Street and Baltic
Avenue (GPINs 24270821820420, 24270821820422; 24270821820424,
242 70821820426) DISTRICT 6 — BEACH
The following condition shall be required.•
The site shall be subdivided substantially as shown on the exhibit titled,
"Preliminary Resubdivision of Lot 32A " dated March 16, 2016, as prepared by
Stephen L Boone and Associates P. C.
2. Prior to approval, the final Subdivision Plat shall include and/or reference all
necessary easements and maintenance agreements as determined during the
Development Services Center- Plan Review.
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 Sixth day of September, Two
Thousand Sixteen.
Voting: 9-1
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, Amelia N. Ross -Hammond, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent.-
Robert
bsent:
Robert M. Dyer
September 6, 2016
Item —VII -J.2
PLANNING
67
ITEM #66300
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of KYNDLE CA Y, LLC / KYNDLE
CAY, LLC /HIGHLAND PARISH COMMUNITY ASSOCIATION, INC. Subdivision Variance to
Section 4.4(b) of the Subdivision Regulations at 2283 Salem Road DISTRICT 7 — PRINCESS ANNE
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of KYNDLE CA Y, LLC / KYNDLE CA Y,
LLC / HIGHLAND PARISH COMMUNITY ASSOCIATION, INC.
Subdivision Variance to Section 4.4(b) of the Subdivision Regulations at
2283 Salem Road (GPINs 1484044747, 1484042876; 1484050076)
DISTRICT 7 — PRINCESS ANNE
The following condition shall be required.-
When
equired:
When subdivided, Lot 10 shall be in substantial adherence to the submitted Site
Plan entitled "VARIANCE EXHIBIT FOR KYNDLE CA Y, LLC, SUBDIVISION
OF KYNDLE CA Y, VIRGINIA BEACH, VIRGINIA, " dated April 29, 2016, and
prepared by Maser Consulting P.A. Said Plan has been exhibited to the Virginia
Beach City Council and is on f le in the Virginia Beach Department of Planning
and Community Development.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council o_f the City of Virginia Beach, Virginia, on the Sixth day of September, Two
Thousand Sixteen.
Voting: 9-0
Council Members Voting Aye:
M. Bei Jamin Davenport, 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
bstaining:
Mayor William D. Sessoms, Jr.
Council Members Absent.
Robert M. Dyer
September 6, 2016
LO -_
IA -
L���
7!M
Or
- -OUR
NA1%0Vk S
WILLIAM D. SESSOMS, JR.
MAYOR
In Reply Refer to 0058784
City of Virgiriia Beach
September 6, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 385-4581
FAX(757)385-5699
wsessoms@vbgov.com
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 Kyndle Cay, LLC for a subdivision variance for
property owned by Kyndle Cay, LLC and Highland Parish Community
Association, Inc. and located at 2283 Salem Road.
2. The applicant has disclosed that Monarch Bank is one of its financial services
providers. Earlier this year, Monarch Bank merged with 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.
Sincerely,
William D. Sessoms
Mayor
WDS/RRI
Item —VII -J.3
PLANNING
MM
ITEM #66301
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of TURNING POINT CHURCH
Modification of Conditions to a Conditional Use Permit to ADD street f •outage and landscaping at 2641
Princess Anne Road DISTRICT 7 — PRINCESS ANNE
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TURNING POINT CHURCH
Modification of Conditions to a Conditional Use Permit to ADD street
frontage and landscaping at 2641 Princess Anne Road (GPIN
149464145 7) DISTRICT 7 — PRINCESS ANNE
The following condition shall be required. -
All conditions attached to the Conditional Use Permit granted by City Council ort
December 3, 1996, and the subsequent Modification of Conditions granted ort February
12, 2008, and ort May 24, 2011, shall be deleted and replaced with the_following:
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. Said Plan has been exhibited to the Virginia Beach City
Council and is on file with the Planning Department.
2. The existing temporary access to the site front Princess Anne Road shall be
removed once an alternative access is established.
3. One portable modular structure shall be allowed for a period of five (5) years.from
the date of City Council approval of this request. The modular structure shall
adhere to the following:
a. The portable structure shall be located ort the site in substantial conformance
to the submitted site layout referenced in Condition 1 above.
b. The existing skirting around the base of the building shall be either repaired
or replaced to provide visual screening of the tinder -carriage of the unit.
The skirting shall be maintained and shall not./all into a state of disrepair.
Foundation landscaping, consistent with the City of Virginia Beach
Landscaping Guide, shall be installed along the entire western base of the
building visible front Princess Anne Road.
d. The applicant shall obtain all necessary permits and inspections from the
Department of Planning, Permits and Inspections Division. A Certificate of
Occupancy shall be obtained prior to occupancy of the structure.
4. Street frontage landscaping, consistent with the requirements of the City of
Virginia Beach Landscaping Guide, shall be installed between the parking lot and
Princess Anne Road.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of September, Two
Thousand Sixteen.
September 6, 2016
Item —VII -J.3
PLANNING
Voting: 10-0
Council Members Voting Ave:
ITEM #66301
(Continued)
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Katie, John D. Moss, Amelia N. Ross -Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
September 6, 2016
Item —VII -J.4
PLANNING
70
ITEM #66302
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED as
PROFFERED, BY CONSENT, Ordinance upon application of B & J LTD. OF VIRGINIA
Conditional Change of Zoning from B-1 Neighborhood Business District to R -5R Residential District at
Ocean Vier Avenue, West of Fentress Avenue, re a single family dwelling DISTRICT 4 — BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of B and J LTD. OF VIRGINIA
Conditional Change of Zoning from B-1 Neighborhood Business
District to R -5R Residential District at Ocean Vier Avenue,
West of Fentress Avenue, re a single family dwelling (GPIN
1570626356) DISTRICT 4 — BAYSIDE
The following condition shall be required. -
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of September, Two
Thousand Sixteen.
Voting: 9-0
Council Members Voting Aye.-
M.
ye:
M. Benjamin Davenport, 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.-
Robert
bsent:
Robert M. Dyer
September 6, 2016
k
/I
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF -9581
DATE: August 25, 2016
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wils 41 DEPT: City Attorney
RE: Conditional Zoning Application; B & J Ltd.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on September 6, 2016. 1 have reviewed the subject proffer agreement, dated
April 26, 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
B & J Ltd. of Virginia, a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 26th day of April, 2016, by and between B & J LTD,
OF VIRGINIA, a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of two (2) parcels of property located in the
Bayside District of the City of Virginia Beach, Virginia, containing 5,000 square feet,
designated as Parcels One and Two in Exhibit "A" attached hereto and incorporated herein
by this reference. Parcels One and Two as described in Exhibit "A" are hereinafter
collectively referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map
of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change
the zoning classification of the property from B-1 Commercial District to Conditional R -5R
Residential District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of
the Property and at the same time to recognize the effects of 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 rezoning 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 a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the R -5R Zoning District by the
PREPARED BY
I.a SYKI S, P()tTjdl)f)N, GPIN: 1570-62-6356 (Part of)
WC.\11EMN & iLr\'Y,1>i
Prepared By & Return To:
R. Edward Bourdon, Jr., Esquire (VSB #2216o)
Sykes, Bourdon, Ahern & Lew, P.C.
281 Independence Boulevard
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
PREPARED BY
013 SYUS. i3t)UR DON.
& LDlY,1".1=.
existing overall Zoning Ordinance, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part of said
amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantees, and other successors in title or interest, voluntarily and
without any requirement by or exaction from the Grantee or its governing body and
without any element of compulsion or quid pro quo for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby make the following declaration of
conditions and restrictions which shall restrict and govern the physical development,
operation, and use of the Property and hereby covenant and agree that this declaration
shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor, its
successors, personal representatives, assigns, grantees, and other successors in interest or
title:
1. When the Property is developed, the two (2) lots which comprise the
Property shall be resubdivided into one (1) lot upon which only one (1) single family home
will be constructed substantially as depicted and described on the "CONCEPTUAL SITE
PLAN EXHIBIT OF LOT -28 & LOT 27 CHESAPEAKE PARK VIRGINIA BEACH,
VIRGINIA", dated April 26, 2016, prepared by WPL (hereinafter "Site Plan") which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning.
2. When the Property is developed, the house as depicted on the Site Plan shall
have the exterior and architectural features and appearance substantially as depicted on
the five (5) exhibits designated "SCHEMATIC DESIGN" "GINGERICH RESIDENCE",
dated April 26, 2016 (hereinafter "Elevations") which have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Department of Planning.
3. Further conditions may be required by the Grantee during Subdivision
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
PREPARED BY
010 �l'1 S, i 0111111 MN,
UN ,A111TN & LM'.1'.C.
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the Cit}' of Virginia Beach, Virginia, and indexed
in the name of the Grantor and the Grantee.
3
WITNESS the following signature and seal:
Grantor:
B & J Ltd. of Virginia, a Virginia corporation
� r
Bv: x' � C (SEAL)
ep en icha Is, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 27th day of April, 2o16,
by Stephen L. Michaels, President of B & J Ltd. of Virginia, a Virginia corporation,
Grantor.
My Commission Expires: August 31, 2018
Notary Registration Number: 192628
PREPARED BY
�.� S�'} L . Rt )l'}tI )ON,
Eli
Notary Public
II
II
EXHIBIT"A"
PROPERTY DESCRIPTION
PARCEL ONE:
ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of
Virginia Beach, Virginia, and being known, numbered and designated as Lot 27, in Block 6
as shown on that plan of Chesapeake Park, which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at Page
123, to which reference is hereby made for a more particular description
GPIN: 1570-62-6356 (Part of)
PARCEL TWO:
ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of
Virginia Beach, Virginia, and being known, numbered and designated as Lot 28, in Block 6
as shown on that plan of Chesapeake Park, which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at Page
123, to which reference is hereby made for a more particular description
GPIN: 1570-62-6356 (Part of)
H:\AM\Conditional Rezoning\B & J Ltd of Virginia\Proffer.doc
PREPARED BY:
90 surs *In
M iJlLk-K & MIY. P.C.
zap `�2 J
Or -OUR NAt10
WILLIAM D. SESSOMS, JR.
MAYOR
In Reply Refer to 0058783
City of Virginia Beach
September 6, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 385.4561
FAX(757)385-5699
wsessoms@vbgov.com
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 B&J Ltd. of Virginia for a conditional change of zoning
or property located on Ocean View Avenue, west of Fentress Avenue (GPIN
1570626356).
2. The applicant has disclosed that TowneBank is its financial services provider.
3. I have a personal interest in TowneBank, which is located at 600 22nd Street in
Virginia Beach, and I will abstain from voting on this matter.
Please record this declaration in the official records of City Council. Thank you for your
assistance.
Sincerely,
William D. Sessoms
Mayor
71
Item —VII -J.5
PLANNING ITEM #66303
The following individuals registered to speak:
Eddie Bourdon, Attorney for the Applicant, advised City Council he spoke with Mr. Minns and provided a
copy of the letter to this City Council requesting the Deferral. The Planning Commission has established
a Sub -Committee to look at some concerns in the Seatack area. They will be coming forward with
recommendations in the next few months.
E. George Minns, Seatack Community Civic League — President, advised he was opposed to the Deferral.
Planning Commission denied this item. Mr. Minns requested the City Council hear this application and
follow the Planning Commission's recommendation to Deny this application.
Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council DEFERRED
INDEFINA TEL Y, Ordinance upon application ofBIRDNECKSTORAGE 2, LLC Conditional Change
of Zonin from R-10 Residential District to Conditional I-1 Light Industrial District at 10441105211054
Bells Road to consolidate parcels and redevelop the site DISTRICT 6 — BEACH
Voting: 9-1
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Lotus R.
Jones, Shannon DS Kane, Amelia N. Ross -Hammond, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent.
Robert M. Dyer
September 6, 2016
Item —VII -J.6
PLANNING
72
ITEM #66304
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED as
PROFFERED, BY CONSENT, Ordinance upon application of DIRECT INDEPENDENCE GROUP,
LLC Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business
District at 44914571465 Independence Boulevard to consolidate parcels (Deferred July 12, 2016)
DISTRICT 2 — KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of DIRECT INDEPENDENCE
GROUP, LLC Conditional Change of Zoning from 0-2 Office
District to Conditional B-2 Community Business District at
44914571465 Independence Boulevard to consolidate parcels
(Deferred July 12, 2016) (GPINs 1476594453; 1476595337,
14 76596300) DISTRICT 2 — KEMPSVILLE
The.following condition shall be required.-
An
equired:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of September, Two
Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye.
M. Benjamin Davenport, , 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
bstaining:
Mayor William D. Sessoms, Jr.
Council Members Absent:
Robert M. Dyer
September 6, 2016
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In Reply Refer To Our File No. DF -9572
TO: Mark D. Stiles
FROM: B. Kay Wilso
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: August 29, 2016
DEPT: City Attorney
DEPT: City Attorney
RE: Direct Independence Group, LLC — Conditional Change of Zoning
The above -referenced modification to conditional zoning application is scheduled to
be heard by the City Council on September 6, 2016. 1 have reviewed the subject proffer
agreement, dated April 14, 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 L. Bloom
M -A
Document Prepared By:
ShepelleWatkinsWhite Consulting & Law, PLLC
870 Greenbrier Circle, Suite 405
Chesapeake, VA 23320
AGREEMENT
THIS AGREEMENT (this "Agreement"), made this 14th day of ARril. 2016, by and
between DIRECT INDEPENDENCE GROUP, LLC, ("Grantor", to be indexed as grantor);
and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee).
WITNESSETH:
WHEREAS, Grantor is the current owner of certain parcels located in the City of
Virginia Beach, Virginia identified by GPIN No. 1476-59-4453-0000; 1476-59-5337-0000 &
1476-59-6300-0000, as more particularly described in Exhibit A attached hereto and
incorporated herein by reference (the "Property"); and
WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Property from 0-2 to Conditional B-2; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS, the 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 Property and at
the same time to recognize the effects of 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 rezoning 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 a part of the proposed amendment to the Zoning Map,
in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning
Ordinance, the following reasonable conditions related to the physical development, operation,
and use of the Property to be adopted as a part of said amendment to the Zoning Map relative
and applicable to the Property, which has a reasonable relation to the rezoning and the need for
which is generated by the rezoning.
GPIN: 14765944530000,14765953370000,14765963000000
GPIN: 14765944530000, 14765953370000, 14765963000000
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 uo for
zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenants and agrees that these
proffers (collectively, the "Proffers") shall constitute covenants running with the said Property,
which shall be binding 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 following uses allowed in the B-2 Zoning District shall not be allowed on the
property:
• Animal hospitals, veterinary establishments, pounds, shelters, commercial kennels
• Assembly uses
• Automobile museums
• Automobile repair garages
• Automobile service stations
• Bars or nightclubs
• Beverage manufacturing shops
• Boat sales
• Body piercing establishments
• Borrow pits
• Building -mounted antennas other than those meeting the requirements of Section
207
• Bulk storage yards and building contractors yards
• Business and vocational schools which do not involve the operation of woodwork
shops, machine shops or other similar facilities
• Car wash facilities
• Colleges and universities, public or private
• Commercial parking lots, parking garages, parking structures and storage garages
• Commercial parking garages and storage garages which include car wash, car
rental or car detailing services when wholly enclosed within a parking structure
and accessory thereto
• Communication towers and temporary communication towers
• Fiber -optics transmission facilities
• Funeral homes
• Heliports and helistops
• Home-based wildlife rehabilitation facilities
• Hospitals and sanitariums
• Marinas, commercial
• Mini -warehouses
• Mobile home sales
• Motor vehicle sales and rental
• Museums and art galleries
• Open-air markets
• Outdoor plazas
• Passenger transportation terminals
• Passenger vessels permitted by U.S. Coast Guard regulations to carry more than
one hundred forty-nine (149) passengers and used for commercial purposes
• Personal watercraft rentals
• Public utility storage or maintenance installations
• Radio and television broadcasting stations
• Recreation facilities other than those of an outdoor nature, with a floor area
greater than 7,500 square feet
• Recreational and amusement facilities of an outdoor nature, which may be
partially or temporarily enclosed on a seasonal basis with approval of city council
• Religious uses with a floor area greater than 4,000 square feet
• Satellite wagering facility
• Small wireless facilities
• Storage garages
• Tattoo parlors
• Wholesaling and distribution operations
• Wildlife rehabilitation centers
• Wind energy conversion systems
2. Property owners shall develop the structures on the property in substantial
conformance, as determined by the Planning Director, or designee, to the
elevations entitled, "Independence Square, 449 Independence Blvd., Virginia
Beach, VA 23452" dated March 10, 2016 and prepared by ionic dezign studios.
Such elevations have been exhibited to the Virginia Beach City Council and are
on file with the Virginia Beach Department of Planning.
3. Property owners shall develop the property in substantial conformance, as
determined by the Planning Director, or designee, to the site plan entitled
"Conceptual Site Layout Plan of 449 Independence Blvd., Virginia Beach,
Virginia" dated 10/23/15 and prepared by MSA, P.C.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City 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 the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Department
of Planning 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. Separate Signature Page to Follow.]
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR
DIRT.L:T,INJ)'EPE1)WENCE GROUP, LLC
(SEAL)
Fran, Mana er
(SEAL)
Tran, Manager
COMMONWEALTH OF VIRGINIA
CITY OF CHESAPEAKE, to -wit:
The forgoing instrument was sworn to and acknowledged before me on this 14th day of
April, 2016, by Thao Tran and Linda Tran in their capacities as Managers of Direct
Independence Group, LLC. They are either ® personally known to me or ❑ has produced
as identification.
Witness my hand and official stamp or seal this 14`h day of April 2016.
SEAL
Notary Public
My Commission expires: 3olt 8
Q p�TARY
Registration No: 4-5$5583= Mv� #7585583
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EXHIBIT A
Legal Description
ALL those certain lots, pieces, or parcels of land, situate in the Kempsville
Borough of the City of Virginia Beach, Virginia, and designated and described as
"LOT B", "LOT C", and "LOT D", "AREA: 47,116 SQ.FT. = 1.082 ACRES" as
shown on that certain plat entitled: "PLAT SHOWING PORTIONS OF
TRACT NO. 43 A.kX7. CORNICK KE�iPSVILLE FARM LOTS B C & D (M.B.
42, P. 22) OWNED BY THE CITY OF VIRGINIA BEACH LOCATED IN
FORMER hENIPSVILLE BOROUGH VIRGINIA BEACH VIRGINIA,"
Scale: 1" = 25' dated Tuly 5, 1998, prepared by Surrey Bureau, Engineering
Division, Department of Public Works, City of 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 288, at page 15, to which reference is made
for a more particular reference.
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WILLIAM D. SESSOMS, JR.
MAYOR
In Reply Refer to 0058782
City cX Virgiriia Beach
September 6, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 385-4581
FAX (757) 385-5699
wsessoms@vbgov.com
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 Direct Independence Group LLC for a conditional
change on zoning for property located at 449, 457 and 465 Independence
Boulevard.
2. The applicant has disclosed that TowneBank is one of its financial services
providers.
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.
Sincerely,
William D. Sessoms
Mayor
WDS/RRI
Item—VI-J.7
PLANNING
73
ITEM #66305
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of CHERI Y. HUGHES / IRENE A.
GALIOTOS TRUSTEE, ANTHONY S. GALIOTOS REVOCABLE TRUST Conditional Use Permit re a
Tattoo Parlor in conjunction with a beauty salon at 2955 Virginia Beach Boulevard DISTRICT 6 —
BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CHERI Y. HUGHES / IRENE
A. GALIOTOS TRUSTEE, ANTHONY S. GALIOTOS
REVOCABLE TRUST Conditional Use Permit re a Tattoo
Parlor in cot junction with a beauty salon at 2955 Virginia
Beach Boulevard (GPIN 149 725 76 77) DISTRICT 6 — BEACH
The following conditions shall be required:
A business license for the Tattoo Parlor shall not be issued to the applicant without
the approval of the Health Department for consistency with the provisions of
Chapter 23 of the City Code.
2. The actual application of tattoos shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
3. Any on-site signage for the Tattoo establishment shall meet the requirements of the
City Zoning Ordinance. There shall be no neon or electronic display signs or
accents installed on any wall area of the exterior of the building, in or oil the
windows or on the doors. Window signage shall not be 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 for the installation of any signage
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of September, Two
Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye.
M. Benjamin Davenport, 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:
Robert M. Dyer
September 6, 2016
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Item —VII -J.8
PLANNING
74
ITEM #66306
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED
INDEFINITELY, BY CONSENT, Ordinance upon application of THOMAS WILDER / JUAN
SUAREZ/ARCHDIXON/JALALADINMANSOURZADEH Conditional Use Permit to expand Craft
Brewery at 2505 Horse Pasture Road DISTRICT 3 — ROSE HALL
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, 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:
Robert M. Dyer
September 6, 2016
Item —VII -J.9
PLANNING
75
ITEM #66307
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, BY
CONSENT Ordinance upon application of JENNIFER G. HARRIS 1 WAHOO LAND, LLC Conditional
Use Permit re Specialty Shop within the Historical District at 2397 Liberty Way DISTRICT 7 —
PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of JENNIFER G. HARRIS t
WAHOO LAND, LLC Conditional Use Permit re Specialty
Shop within the Historical District at 2397 Liberty Way (GPIN
149491686 7) DISTRICT 7 — PRINCESS ANNE
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of September, Two
Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye.
M. Benjamin Davenport, 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:
Robert M. Dyer
September 6, 2016
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76
ITEM VII -K
APPOINTMENTS ITEM #66308
BY CONSENSUS, City Council RESCHEDULED the_followingAPPOINTMENTS:
AGRICULTURAL ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
HUMAN RIGHTS COMMISSION
PARKS AND RECREATION COMMISSION
PERSONNEL BOARD
TOWING ADVISORY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC
Voting.• 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Katie, John D. Moss, Amelia N. Ross -Hammond,
Mayor- William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent. -
Robert M. Dyer
September 6, 2016
77
ITEM VII -K
APPOINTMENTS ITEM #66309
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
PAMELA K. HAMRICK
Unexpired term through 03/31/2017
Plus two years ending 03/3112019
COMMUNITY POLICY and MANAGEMENT TEAM
CSA AT RISK
Voting: 10-0
Council Members Voting Aye.-
M.
ye:
M. Benjamin Davenport, 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:
Robert M. Dyer
September 6, 2016
78
ITEM VII -K
APPOINTMENTS ITEM #66310
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
LAURA TSAI — CHIEF MAGISTRATE
PAT HARRIS — LIEUTENANT, POLICE DETECTIVE
COREY J. BURDIN— VICTIM WITNESS COORDINATOR
No term
DOMESTIC VIOLENCE FATALITY REVIEW TEAM
Voting: 10-0
Council Members Voting Aye.-
M.
ye:
M. Benjamin Davenport, 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:
Robert M. Dyer
September 6, 2016
79
ITEM VII -K
APPOINTMENTS ITEM #66311
Upon NOMINATION by Vice Mayor- Jones, City Council APPOINTED:
DR. TIMOTHY PIKE
Unexpired term thru 0313112019
HEALTH SERVICES ADVISORY BOARD
Voting.• 10-0
Council Members Voting Aye:
M. Benjamin Davenport, 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:
Robert M. Dyer
September 6, 2016
M -e
ITEM VII -K
APPOINTMENTS ITEM #66312
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
THOMAS JOHNSON
Three year term 06101/2016 — 0513112019
OPEN SPACE ADVISORY COMMITTEE
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, 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.-
Robert
bsent:
Robert M. Dyer
September 6, 2016
81
ITEM VII -K
APPOINTMENTS ITEM #66313
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
KEVIN DUFFAN —At Large
IRA AGRICOLA —Hampton Roads Chamber of Commerce
No term
ONLINE HOME SHARING AD HOC COMMITTEE
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, 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.
Robert M. Dver
September 6, 2016
82
ITEM VII -K
APPOINTMENTS ITEM #66314
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED as CITY COUNCIL LIAISONS:
VICE MAYOR LOUIS R. JONES
COUNCIL LADYAMELIA N. ROSS-HAMMOND
No term
PRICE STREET DEVELOPMENT
Voting: 10-0
Council Members Voting Aye.-
M,
ye:
M Benjamin Davenport, 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.
Robert M. Dyer
September 6, 2016
83
ITEM VII -K
APPOINTMENTS ITEM #66315
Upon NOMINATION by Council Lady Henley, City Council APPOINTED as CITY COUNCIL
LIAISONS:
VICE MAYOR LOUIS R. JONES
COUNCILMAN JAMES L. WOOD
No term
CAVALIER DEVELOPMENT
Voting: 7-1
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Katie, Amelia N. Ross -Hammond, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Abstaining. -
Mayor William D. Sessoms, Jr.
John E Uhrin
Council Members Absent:
Robert M. Dyer
September 6, 2016
Y.
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�F OUR NAS10�
WILLIAM D. SESSOMS, JR.
MAYOR
In Reply Refer to 0058795
City of VirgirZia Beach
September 6, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 385-4581
FAX(757)385-5699
wsessoms@vbgov.com
Re: Disclosure 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 making this disclosure regarding City Council's discussion and vote on the
appointment of City Council liaisons to the Cavalier Project.
2. Cavalier Associates, LLC previously disclosed that TowneBank is one of the
corporation's financial services providers.
3. I have a personal interest in TowneBank, which is located at 600 22nd Street in
Virginia Beach.
4. I hereby disclose this interest and will abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council. Thank you for your assistance and cooperation in this matter.
Sincerer,
William D. Sessoms
Mayor
WDS/RRI
JOHN E. UHRIN
COUNCILMAN - DISTRICT 6 - BEACH
lit Reply Refer to 0058793
City of Virginia Beach
September 6, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
I would like to make the following disclosure:
VBgov.com
PHONE: (757) 200-7005
JUHRIN@VBGOV.COM
1. I am making this disclosure regarding City Council's discussion and vote on the
appointment of City Council liaisons to the Cavalier Project.
2. I have a personal interest in East Beach Realty, which is located at 4459 Pleasant
Avenue in Norfolk.
3. East Beach Realty is marketing homes adjacent to the Cavalier on the Hill.
4. I wish to disclose this interest and will abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
JEU/RRI
YSincerehrin
Councilmember
215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451
i�_OUR NAT��j
ROSEMARY WILSON
COUNCIL LADY AT -LARGE
In Reply Refer to 0058794
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
City of Virginia Beach
September 6, 2016
VB,govxom
PHONE: (757) 422-0733
FAX: (757) 385-5669
Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (I)
Dear Mrs. Fraser:
Pursuant to the State and Local Government Conflict of Interests Act, I make the
following declaration:
1. I am making this disclosure regarding City Council's discussion and vote on the
appointment of City Council liaisons to the Cavalier Project.
2. Cavalier Associates, LLC previously disclosed that Dixon Hughes Goodman is
one of the corporation's accounting services providers.
3. I have a personal interest in Dixon Hughes Goodman because I receive income
from the firm as a result of my late husband's employment by the company. The
income is proceeds from the sale of his partnership interest, paid out over an
extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road,
Suite 500, Virginia Beach, Virginia.
4. The City Attorney's Office has advised me that because I do not personally
provide services to the Cavalier Associates, LLC, the Act provides that I may
participate without restriction in Council's discussion of, and vote on, the
appointments, upon disclosure of this interest.
5. I wish to disclose the above facts and declare that I am able to participate in the
transaction fairly, objectively, and in the public interest.
921 ATLANTIC AVENUE, UNIT 502, VIRGINIA BEACH, VA 23451
Mrs. Ruth Hodges Fraser -2- September 6, 2016
Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (I)
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Rosemary A.* son
Councilmember
F1,70,10M
84
Item -VII-N
ADJOURNMENT ITEM #66316
Mayor William D. Sessoms, Jr., DECLARED the City Council ADJOURNED at 6:33 P.M.
manda Finley -Barnes, Tww
Chief Deputy City Clerk
-a
Ruh Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
September 6, 2016
85
PUBLIC DIALOGUE
Dr. Gail H. Mottola, 115 88`x' Street, Phone: 575-5006, President and Executive Director of "Lets Open
Doors", a non-profit 501(c)3 organization. Lets Open Doors' mission is to support equal access to
goods and services. They educate the public and advocate the replacement of door hardware on existing
buildings constructed by the 1991 Americans with Disabilities Act. Senator Wagner is carrying forward
the Healthcare portion of the legislative request, is having his team draft legislation for the General
Assembly and requests the City of Virginia Beach's support. She requested the City include the
healthcare and commercial concepts of the Lets Open Doors request in the City's Legislative Package.
Gino Coloinbara, Southeastern Virginia Chapter of the Alzheimer's Association - Executive Director
Mr. Colombara supports Dr. Mottola's efforts to ensure accessibilityfor all disabled persons.
Theresa Julian, did not respond when called
Mark Stiles, City Attorney, recognized Deputy City Attorney.for Bill Macali for his 31 years of hard work
and dedication to the City. Tonight will be his last meeting as he is retiring.
Mayor Sessoms, on behalf of the entire City Council, congratulated Bill on his retirement and wished him
the very best in his retirement. Bill was given a standing ovation.
The Public Dialogue re Non -Agenda Items concluded at 6:40
September 6, 2016